Hakim: Jurnal Ilmu Hukum dan Sosial; e-ISSN: 2987-7539 p-ISSN: 2987-6737 adalah jurnal ilmiah yang menerapkan sistem peer review dan diterbitkan oleh Program Studi Hukum, Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Sains dan Teknologi Komputer. Jurnal ini memuat hasil kajian ilmiah di bidang ilmu hukum, baik yang bersifat teoritik maupun empirik, dengan tujuan untuk memperkaya khasanah keilmuan dan praktik hukum di Indonesia. Fokus dan ruang lingkup jurnal meliputi, namun tidak terbatas pada: Hukum Perdata Hukum Pidana Hukum Tata Negara Hukum Internasional Hukum Acara Hukum Adat Setiap naskah yang masuk akan melalui proses penelaahan sejawat (peer review) secara double-blind, guna menjamin objektivitas dan mutu akademik publikasi. Hakim: Jurnal Ilmu Hukum dan Sosial diterbitkan empat kali dalam setahun, yaitu pada bulan Februari, Mei, Agustus, dan November.
LPPM Universitas Sains dan Teknologi Komputer
Perbandingan Perjanjian Batal Demi Hukum dan Perjanjian Dapat Dibatalkan dalam Sistem Hukum Indonesia
Contract law sits at the heart of commercial life, yet questions about what makes an agreement legally valid or invalid remain a persistent source of confusion in Indonesian legal practice. This study investigates the conceptual and practical distinction between two categories of defective agreements under Indonesian law: void agreements (perjanjian batal demi hukum) and voidable agreements (perjanjian dapat dibatalkan). Employing a normative legal research design grounded in systematic literature review, the study draws on primary sources including the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata), relevant statutes, and Supreme Court decisions, along with five years of secondary materials such as legal textbooks, peer-reviewed journals, and scholarly commentaries. Analysis shows that void agreements fail to satisfy the objective validity requirements of Article 1320(3) and (4) of the Civil Code, rendering them non-existent from the outset and incapable of producing any legal rights or duties. Their nullity is automatic and absolute, requiring no court action and admitting no cure through subsequent ratification. Voidable agreements, by contrast, breach only the subjective requirements of Article 1320(1) and (2) free consent and legal capacity and therefore remain valid and enforceable unless and until a competent party successfully petitions for annulment within the five-year period prescribed by Article 1454. The study also uncovers a troubling inconsistency in lower court rulings that conflate these two distinct concepts, a finding that points to the need for clearer legislative language and stronger judicial guidance. These results carry direct relevance for contract drafting, litigation strategy, and business law education, and the analytical framework offered here is intended as a practical tool for legal educators, practitioners, and commercial actors operating under Indonesian law.
Copyright (c) 2026 Wendi Rehan Situmorang, FredySyah Putra, Gracelino Prasetyo Nainggolan, Mario Purba, Jogi Situmorang Siringoringo https://creativecommons.org/licenses/by-sa/4.0
International Norms on Cross-Border Data Protection in the Era of Global Cyber Threats
The rising volume of international data transfers in the modern digital era has created new cybersecurity threats that require improved legal frameworks for data protection. This study evaluates international norms by examining how global cyber threats operate in the present world. The research uses a normative juridical framework to analyze 32 international legal instruments and 45 scholarly articles published between 2018 and 2025 through both normative and comparative analytical methods. The study demonstrates that current regulatory systems are divided into separate parts, which are mostly controlled by non-binding rules that do not have standardized methods for enforcement and thus depend on each country's ability to enforce them, while international enforcement remains inadequate. The situation develops into a more severe problem because cyber threats now develop more advanced systems than existing rules can match. The research demonstrates the critical need for countries to establish uniform regulations while developing stronger compliance methods and building faster international partnership systems. The research presents a framework that connects international law and cybersecurity through a more extensive analytical approach.
Copyright (c) 2025 Maulana Fahmi Idris https://creativecommons.org/licenses/by-sa/4.0
Bentuk Perlindungan dan Mekanisme Kompensasi atas Pengakhiran Kontrak Sepihak oleh Kurator
Lease agreements entered into before the pronouncement of a bankruptcy order by the judge are often unilaterally terminated by the liquidator, thereby creating a tension between the principle of pacta sunt servanda in contract law and the liquidator’s powers under the Bankruptcy and Debt Repayment Moratorium Act. Consequently, tenants acting in good faith sometimes suffer losses and see their legal status change to that of a concurrent creditor subject to the pari passu prorate parte principle. The objective is to clarify the form of protection and compensation mechanisms available to tenants following the unilateral termination of a lease agreement by the liquidator. This paper analyses the issue using a normative legal research method with a legislative, conceptual, and analytical approach to examine the provisions of the Civil Code alongside the Bankruptcy Act and the PKPU. The research findings indicate that pre-bankruptcy lease agreements remain valid, but their binding force is conditional and subject to the bankruptcy regime. Unilateral termination by the trustee transforms the tenant’s status into that of a concurrent creditor. Although a mechanism for compensation is available through the submission of claims for costs and damages, its realisation is highly dependent on the availability of the bankrupt’s assets and the principle of proportional distribution. Therefore, the presence of a Supervising Judge is crucial to ensuring justice for tenants acting in good faith.
Copyright (c) 2026 Muhammad Dzaki Alfathur, Putu Samawati Saleh, Helena Primadianti Sulistyaningrum https://creativecommons.org/licenses/by-sa/4.0
Legal Frameworks Strengthening Democratic Participation and Public Policy for Inclusive Social Development
Legal consistency is the main requirement to ensure the effectiveness of democratic participation and consistent policy implementation at the local level of decentralized governance. This current study aims to explore the role of legal consistency in the implementation of policy in newly formed regions of decentralized governance and its implications for democratic participation and inclusive social development. The present study adopted a qualitative methodology using a normative-empirical approach and analyzed twenty-four legal and public policy documents at national and local levels using content analysis and semi-structured interviews of policymakers and experts using a purposive sampling technique. From the findings of this current study, it is revealed that legal consistency is considerably influencing policy implementation at the local level of newly formed regions, and regions with a higher capacity of legislative acts show consistent policy implementation and clear distribution of powers and functions of local authorities. Legal inconsistency causes issues of overlap and delays in the implementation of public policy. This current paper contributes to theory by advancing normative legal analysis in the field of decentralization. Practically, the findings guide regulatory harmonization efforts and legislative capacity development, concluding that legal consistency is for decentralized governance.
Copyright (c) 2025 Althea Serafim Kriswandaru, Berliant Pratiwi https://creativecommons.org/licenses/by-sa/4.0
Krisis Keadilan dalam Perlindungan Data Pribadi dan Ketimpangan Sosial di Era Ekonomi Digital
The rapid expansion of the digital economy has transformed personal data into a strategic economic asset, intensifying concerns over privacy, inequality, and justice in data protection systems. In developing countries, the growth of data-driven platforms often outpaces regulatory readiness and digital literacy, creating structural vulnerabilities among users. This study aims to analyze the crisis of justice in personal data protection by examining the relationship between social inequality, digital literacy, and regulatory strength in shaping data exploitation risks. The research adopts a socio-legal approach combined with quantitative cross-sectional design using data collected from 1,200 respondents across five countries: Indonesia, India, Brazil, Nigeria, and the Philippines. Statistical analyses, including descriptive statistics, correlation, and multiple regression, were employed to evaluate the relationships among variables. The findings indicate that countries with higher regulatory and enforcement scores, such as Brazil (regulation = 7.31; enforcement = 6.82), tend to experience lower data breach cases (290 per 100,000), while countries with weaker enforcement, such as Nigeria (4.88), show higher cases (402 per 100,000). At the individual level, low-income groups exhibit higher risk scores (mean = 5.18) compared to middle-income (3.63) and high-income groups (2.14). Additionally, global data breach cases increased significantly from 130 cases in 2018 to 920 cases in 2024, reflecting a consistent upward trend. These results demonstrate that data protection risks are unevenly distributed and strongly influenced by structural and individual factors. The study contributes by integrating a socio-legal framework with empirical analysis to propose a digital justice model that emphasizes the interplay between regulation, literacy, and inequality in ensuring fair and inclusive data protection.
Copyright (c) 2025 Akbar Nugroho Santoso, Reza Mahardika Putranto https://creativecommons.org/licenses/by-sa/4.0
Analisis Peran Jaksa Pengacara Negara pada Sengketa Ekonomi Digital
The rapid growth of the digital economy has transformed the landscape of legal disputes, particularly in Indonesia, where e-commerce transactions continue to increase significantly. This study examines the role of the State Attorney (Jaksa Pengacara Negara/JPN) in handling digital economic disputes, which remain limited despite the normative authority granted by law. Using a juridical-empirical approach, the research combines document analysis, in-depth interviews with prosecutors, judges, consumer protection officials, and digital law experts, and observation of selected cases. The findings reveal that JPN’s involvement remains concentrated on conventional disputes, such as breaches of electronic contracts and online fraud. In contrast, their role in strategic issues such as data protection and digital monopoly remains negligible. Comparative analysis with other jurisdictions highlights that prosecutors in the United States, the European Union, and Singapore have adopted more proactive and efficient roles in protecting public interests in the digital domain. The study concludes that the gap between JPN’s normative authority and its practical implementation reflects weaknesses in technical capacity, regulatory framework, and inter-institutional coordination. This research contributes to academic discourse by providing empirical and comparative insights into JPN’s role in digital disputes and by offering practical recommendations to strengthen its function through regulatory reform, capacity building, and institutional synergy. Strengthening JPN’s role is not only necessary to protect consumers and ensure legal certainty but also essential to enhance Indonesia’s legal competitiveness in the global digital economy.
Copyright (c) 2025 Luciana Luciana, Sri Yulianingsih, Methodius Kossay https://creativecommons.org/licenses/by-sa/4.0
Restorative Justice pada Perkara Lingkungan Hidup dalam Perspektif Penuntutan Jaksa
This study explores the potential application of restorative justice in environmental crime cases in Indonesia from the perspective of public prosecutors. While the conventional litigation process in environmental law is often lengthy, costly, and ineffective at ensuring ecological recovery, restorative justice offers an alternative that emphasizes efficiency, participation, and direct environmental rehabilitation. Employing a qualitative approach with grounded theory methodology, data were collected through in-depth interviews with prosecutors, supported by document analysis and constant comparative coding. The findings reveal that most prosecutors view restorative justice positively as a mechanism to accelerate case resolution and enhance ecological restoration. However, normative and institutional barriers, as well as the risks of misuse, remain critical challenges. Axial and selective coding led to the construction of a substantive theory that highlights the central role of prosecutors in navigating regulatory gaps and facilitating multi-actor commitments for ecological justice. This research contributes conceptually by integrating restorative justice with the unique characteristics of environmental law and practically by providing recommendations for policymakers to design regulations and technical guidelines that support its consistent and transparent implementation.
Copyright (c) 2025 Huni Susanti, Misi Nufninu https://creativecommons.org/licenses/by-sa/4.0
Strategi Penuntutan Kejahatan Siber dengan Artificial Intelligence di Era Digital
The rapid escalation of cybercrime in Indonesia and worldwide highlights the urgent need for adaptive legal strategies that integrate emerging technologies. This study investigates how Artificial Intelligence (AI) can be used to strengthen prosecution strategies against cybercrime, focusing on law enforcement readiness, implementation challenges, and the opportunities it presents. Using a qualitative approach supported by empirical data, the research combines doctrinal legal analysis, socio-legal perspectives, and case studies through in-depth interviews with prosecutors, investigators, and digital forensic experts, alongside secondary data from national and international reports. The results reveal that while awareness of AI’s potential is relatively high, its actual use in legal practice remains limited, with only 30 percent of respondents having direct experience with AI tools. Statistical data also confirm a significant increase in cyberattacks from 215 million anomalies in 2022 to nearly 400 million in 2024, underscoring the urgency of adopting AI. Findings show that AI can enhance the identification of digital evidence, detect hidden patterns in cyberattacks, and improve the effectiveness of prosecution. However, concerns about algorithmic bias and the lack of legal frameworks persist. This study contributes to academic discourse by offering an applied framework for AI-based prosecution strategies in developing countries and by providing practical recommendations for prosecutors and policymakers to accelerate digital legal reforms. The novelty lies in bridging theoretical discussions with an operational model contextualized to Indonesia’s legal environment.
Copyright (c) 2025 Cindy Tania, Janwan Gidalty https://creativecommons.org/licenses/by-sa/4.0
Model Plea Bargaining pada Sistem Penuntutan Indonesia dalam Perspektif Jaksa
This study explores the feasibility of adopting plea bargaining within the Indonesian criminal prosecution system from the perspective of public prosecutors. Unlike common law jurisdictions such as the United States and Canada, where plea bargaining has become the dominant mechanism for resolving criminal cases, Indonesia still relies on full trials, resulting in significant case backlogs and overcapacity in correctional institutions. Employing a socio-legal qualitative approach, this research collected data through in-depth interviews with 25 prosecutors from three different jurisdictions, complemented by document analysis and limited observations. The findings reveal that while 72% of prosecutors support the potential adoption of plea bargaining—either entirely or with conditions—28% express rejection due to concerns over legal certainty, possible abuse of power, and the erosion of defendants’ rights to a fair trial. Comparative analysis indicates that prosecutors in urban jurisdictions tend to adopt a more pragmatic stance due to heavy caseloads. At the same time, those in regions dominated by narcotics cases exhibit more conservative views. The study proposes a contextual adaptation model for Indonesia that balances efficiency with substantive justice by involving judicial oversight in the negotiation process. This research contributes academically by providing empirical insights into prosecutors’ perceptions, which are rarely discussed in the Indonesian literature, and, practically, by offering policy recommendations to reform the criminal justice system. The conclusion emphasizes that adopting plea bargaining in Indonesia is feasible, provided it is accompanied by strict regulations, transparent oversight mechanisms, and apparent limitations on its application.
Copyright (c) 2025 Salis Gunowo https://creativecommons.org/licenses/by-sa/4.0
E-Court dan Keadilan Prosedural: Studi Empiris Perspektif Hakim Indonesia
The rapid digital transformation in the judicial sector has brought significant changes to procedural justice, particularly through the implementation of electronic courts (e-courts) in Indonesia. This study explores how judges perceive and apply procedural justice principles in digital trials. Using a qualitative research design with an empirical approach, data were collected through in-depth interviews with 25 judges from district and high courts in 12 cities, supported by courtroom observations and document analysis. Thematic analysis identified five major themes: transparency of proceedings, parties’ participation, procedural consistency, technical challenges and digital literacy, and the balance between efficiency and substantive justice. The findings show that while e-court improves administrative efficiency and transparency, it also raises concerns regarding equal participation and substantive fairness due to technological barriers and reduced face-to-face interaction. Nearly one-third of the judges viewed e-court as potentially hindering procedural justice, indicating that digitalization has not yet ensured a uniform perception of fairness. The novelty of this research lies in presenting judges’ empirical perspectives, which remain understudied compared to normative or technical analyses. Academically, this study contributes to the discourse on e-justice in developing countries and, practically, offers policy implications for strengthening digital judicial governance. The findings highlight the need for enhanced judicial training, improved technological infrastructure, and more inclusive guidelines to ensure equitable participation in digital trials. Ultimately, the study emphasizes that the e-court should function not merely as a symbol of modernization but as a genuine instrument of substantive justice.
Copyright (c) 2025 Soleh Adinda Ratih https://creativecommons.org/licenses/by-sa/4.0
Model Restorative Justice dalam Diversi Anak Menggunakan Pendekatan Yuridis-Empiris
The Indonesian juvenile justice system has increasingly recognized the importance of restorative justice as an alternative to retributive approaches, with diversion serving as a key instrument to protect children’s rights and ensure the best interests of the child. This study aims to analyze judges' roles in implementing diversion and to formulate a conceptual model that integrates normative legal provisions with empirical practices. Using a juridical-empirical approach, the research combines normative analysis of the Child Criminal Justice System Law and related regulations with empirical data obtained from in-depth interviews, courtroom observations, and judicial decisions across several district courts. The findings reveal significant variations in the implementation of diversion, influenced mainly by judges’ interpretations, children’s psychological conditions, family support, and victims’ involvement. While normative frameworks strongly guide judicial decisions, non-legal factors are equally decisive in determining the success of diversion. The study contributes theoretically by offering an integrated model of restorative justice in Indonesian juvenile courts and, practically, by recommending strengthening judges’ capacity, providing mediation facilities, and increasing victim participation. This research concludes that diversion in Indonesia should be understood not only as a legal obligation but also as a restorative mechanism that ensures balanced recovery for children, victims, and society.
Copyright (c) 2025 Jihan Jesari, Yuni Aliya https://creativecommons.org/licenses/by-sa/4.0
Analisis Prediktif Putusan Perdata Berbasis Machine learning di Indonesia
The rapid advancement of artificial intelligence, particularly machine learning (ML), has opened new opportunities in the legal domain, especially in addressing the long-standing issue of inconsistency in civil court decisions in Indonesia. This study aims to develop and evaluate predictive models of civil case outcomes using various ML approaches, including Logistic Regression, Support Vector Machine, Random Forest, XGBoost, and IndoBERT. A dataset of 199,000 published civil court decisions was collected, pre-processed, and annotated into three categories: granted, rejected, and partially granted. The experimental results demonstrate that IndoBERT achieved the best performance with an accuracy of 83.5% and an F1-macro score of 81.7%, outperforming classical models. Feature analysis indicated that contractual terms, evidence, and core legal reasoning were the most influential predictors. These findings highlight the potential of ML to enhance consistency, transparency, and predictability in the Indonesian judiciary, while also raising important considerations regarding ethics, bias, and interpretability. The study contributes to both the theoretical discourse on legal analytics and the practical implementation of AI in judicial reform.
Copyright (c) 2025 Florentino Sikky, Valentino Mengge https://creativecommons.org/licenses/by-sa/4.0
Juridical Analysis of Supreme Court Decisions on Gender Bias in Domestic Violence Case Rulings
Domestic Violence (DV) is a subject matter that disturbs human rights, but is usually neglected or inadequately dealt with in the judicial system, also at the Supreme Court level. This study is intended to make a juridical analysis of the gender bias in the decision of the Supreme Court on domestic violence cases in Indonesia. The research would apply a qualitative-juridical approach with a case-study design and analyze 10 purposively selected Supreme Court rulings from 2015 to 2024, using a gender-bias indicator framework to examine them. The study shows that 70% have exhibited gender bias in the ruling, counted by stereotypes about women, ignoring power relations, and also through legal reasoning that does not consider substantive justice. Only three decisions show clear and constant consideration for the victims, aligning with gender equality principles and international obligations such as the CEDAW. This study aims to develop an interdisciplinary approach between law and gender studies through a replicable, evaluative framework for assessing gender bias. The findings subsequently bear practical implications for the preparation of technical guidelines and judicial training and reform for a fairer and much more equitable justice system for victims of domestic violence. Ultimately, these insights underline the urgent need for judicial reform in Indonesia, particularly within the Supreme Court, to strengthen institutional capacity, enhance judges’ gender-sensitive training, and ensure that court decisions truly reflect substantive justice.
Copyright (c) 2025 Nadifa Jannah, Jauhirul Adab https://creativecommons.org/licenses/by-sa/4.0
The Transformation of Social Norms and Legal Adaptation in Responding to the Phenomenon of Digital Bullying Among Urban Adolescents
The transition of digital technology has altered the social norms of urban adolescents, generating an online culture that often validates digital bullying as part of everyday life. The present study aims to investigate the dynamics of shifting social norms among adolescents in digital spaces and to assess the Indonesian legal system's adaptive capacity in responding to the phenomenon of digital bullying. The qualitative exploratory case study employed a multipronged data collection strategy, comprising interviews, digital ethnography, and document analysis, in the large cities of Jakarta, Surabaya, and Bandung. The results indicate that adolescents are allowing permissive norms regarding verbal aggression in interactions through digital media. In contrast, the law is seen as reactive, not child-friendly, and not oriented toward education. Adolescents tend to have a general distrust of formal legal mechanisms. The study concludes that the law's effectiveness ultimately depends on its ability to adapt to evolving digital norms. The main contribution of this research is combining the legal sociology and digital culture perspectives to propose a legal policy that is contextual, participatory, and focused on educating adolescents and ensuring their social protection. In practical terms, the findings provide policy recommendations to strengthen digital literacy programs in schools, develop adolescent-friendly reporting mechanisms, and encourage cross-sectoral collaboration to prevent and address digital bullying effectively.
Copyright (c) 2025 Abdul Romadon Sitompul, Nur Amannah Dalimunteh https://creativecommons.org/licenses/by-sa/4.0
The Role of Digital Literacy in Preventing Cybercrime Among Adolescents: A Social Study in Urban Areas
This study discusses the theoretically relevant concepts and the objectives of preventing cybercrime among adolescents in urban settings; technically, the author perceives this as of paramount importance, as adolescents are being conditioned to view themselves as victims due to a lack of awareness of cybercrimes. The significant target populations in this study include 384 adolescents randomly selected from Jakarta, Bandung, and Surabaya. Their levels of digital literacy were assessed using quantitative research methods, including the distribution of structured questionnaires. It aims to develop a construct of digital literacy in the technical, cognitive, social, and ethical domains. The study established a meaningful statistical association (r = 0.642; p < 0.001), indicating that 41.2% of the variance in cybercrime prevention ability is explained by digital literacy. Based on the significant findings, it can be stated that there is strong technical skill, whereas there remains a weak understanding of digital ethics and privacy. Regarding theory, this research has added a social dimension to the understanding of digital literacy and, in practice, has identified the need for educational interventions, community programs, and the upgrading of public policy to promote adolescent digital literacy. This implies that the findings would draw attention to the urgent need for a national digital literacy strategy integrated into a curriculum for schools, public campaigns for awareness, and the regulation of data protection with a scope of work. Such would create a safe and ethical space for adolescents in a digital world
Copyright (c) 2025 Siti Sya'ada Alda Risma, Fatimah Azzahro Fachuda https://creativecommons.org/licenses/by-sa/4.0
Global Digital Trade Regulation: An International Law Perspective on Cross-Border Data Flows and Privacy Standards
Digital trade has become the backbone of a data-driven economy; however, no international legal framework exists at present for the regulation of cross-border data flows in any fair and effective manner. This research is interested in an analysis of international digital trade regulations under the architectures of international law, particularly in tension between economic liberalization and the protections provided by privacy laws. The research utilizes a normative qualitative method through content analysis of 27 multilateral, regional, and national legal documents in conjunction with a literature review and comparative analysis. The study reveals a significant extent of regulatory fragmentation across jurisdictions like the European Union with the GDPR, China's PIPL, and a sectoral system in the United States. Such fragmentation is reflective of differing foundational legal values acting in the attorney space, leading to both legal uncertainty and dual compliance costs, as well as potential conflicts between states' regulations. The current study presents a normative model based on three principles of international law: non-discrimination, sovereignty of states, and protection of human rights, for creating an inclusive global legal framework. In theory, this study serves an important purpose of extending the discourses of international law and digital geopolitics. In practice, it will lay down a roadmap for a global policy addressing regulatory conflict resolution and support participation by developing countries, whereas issues of digital trade can gain much from multilateral cooperation. Thus, the proposed framework will not only bridge theoretical gaps but also give precise guidance for the establishment of a fair, representative, and sustainable global policy architecture.
Copyright (c) 2025 Hendra Fahriawan, Ibnu Habibi Hasibuan, Amanda Rahmawati https://creativecommons.org/licenses/by-sa/4.0
Artificial Intelligence Regulation in the Protection of Democracy: A Legal Analysis of Political Deepfakes and Disinformation in the 2024 Election
The advent of Artificial Intelligence (AI) poses new hurdles to democracy, especially in the form of political deepfakes and disinformation during Indonesia's 2024 general elections. This study evaluates the effectiveness of national legal regulations on AI-generated manipulative content and aims to identify legal gaps that undermine the state's democratic integrity. Using a case-study qualitative approach and a normative legal method, data were collected from regulatory studies, examination of deepfake cases, and interviews with experts. Findings show that there are no specific laws or regulations governing political deepfakes: of the four cases analyzed, only one has been acted on by regulatory authorities. Such findings imply a weak legal defence against digital manipulation and further erode public trust in the electoral process. The study's major contribution is the development of a new adaptive regulatory framework that advocates integrating law and technology to ensure the integrity of democracy. The research builds on the literature on digital law. It provides concrete policy recommendations to enhance regulatory mechanisms and institutional capacity to stamp out efforts to address AI-induced disinformation threats. Beyond theoretical contribution, this study offers practical policy guidance for lawmakers, electoral regulators, and civil society in designing adaptive legal frameworks that safeguard democratic integrity amid the growing risks of AI-driven manipulation
Copyright (c) 2025 Andi Nur Azizah Ardan Paliwang, Ni Luh Putu Erika Swandiani https://creativecommons.org/licenses/by-sa/4.0
The International Legal Framework and Social Justice: An Evaluation of the Effectiveness of Transnational Human Rights Instruments
The international legal framework is designed to protect human rights, while the question of whether it can bring about social justice is still a matter of debate. The purpose of this study is to evaluate the efficacy of transnational human rights instruments, namely the ICCPR and ICESCR, in addressing inequality and improving social welfare across various countries. In South Africa and Indonesia, effective implementation is hampered by structural and institutional constraints. The most important contribution of the study is its fusion of analyses that are legal, social, and political. Most importantly, the study examines and evaluates how applied using a qualitative evaluative research design with comparative case studies between Sweden, South Africa, and Indonesia, on human rights. The data collection methods include document analysis, interviews, and secondary data from global indices. This article's findings indicate that Sweden has managed to successfully incorporate human rights norms into the legal framework and social protection mechanisms, resulting in high attainment of social justice. Conduct empirical research into the cross-national effectiveness of human rights instruments. The implication of this study suggests that the successful implementation of international human rights instruments depends, to a large extent, on the domestic context and the institutional capacity in question. Beyond the theoretical contribution, the findings also provide practical guidance for global human rights governance. Strengthening international monitoring and reporting mechanisms, as well as aligning them with domestic institutional reforms, can serve as a roadmap for policymakers to design more effective strategies in bridging the gap between normative commitments and tangible social justice outcomes.
Copyright (c) 2025 Zholanda, Ismi Nuris Syawal, Nayla Nazura Fadilla https://creativecommons.org/licenses/by-sa/4.0
The Socio-Legal Implications of Digital Death and Data Inheritance
Digital identity after biological death raises significant questions regarding the question of ownership, access, and inheritance of data. Objects of digital properties, to include social media profiles, cloud storage, and online transaction histories, are now practically inseparable from personal identity. However, these questions regarding accessing postmortem data are still underdeveloped in legal and policy terms. The objective of this study is to investigate the socio-legal implications of digital death using the interplay of social norms, legal systems, and digital platform policies. The qualitative exploratory case study method was used to collect data employing semi-structured interviews with bereaved families, legal specialists, and representatives from technology platforms. Hematic analysis yields five core findings: legal access generally requires court orders; public awareness of digital inheritance is minimal; jurisdictional variation creates confusion; digital accounts are memorialized spaces; and there are ethical tensions between postmortem privacy and family rights. The study concludes that social norms currently develop more responsively than legal or technical systems, with the result being informal but risky practices on the part of families. This research contributes an integrative socio-legal framework to guide inclusive and ethical digital inheritance policy. It requires harmonized law, public literacy, and cross-platform collaboration to maintain human dignity and digital rights after death.
Copyright (c) 2025 Yanti Desi Imala, Finda Novrianda, Fino Gani Sujito, Leni Axelasia https://creativecommons.org/licenses/by-sa/4.0
Analisis Hukum terhadap Klaim Greenwashing Akuntabilitas Hukum di Era Branding Berkelanjutan
Greenwashing poses significant challenges to sustainability initiatives in Indonesia, where weak regulatory frameworks and inconsistent enforcement exacerbate the issue. This study explores the interplay between greenwashing practices and legal regulations, aiming to identify gaps and propose solutions to address the problem. Employing a qualitative case study design, the research utilized document analysis, semi-structured interviews, and content observation to gather data from multiple stakeholders, including legal experts, industry practitioners, and consumer organizations. The findings reveal that 55% of sustainability claims in marketing materials lack verifiable evidence, highlighting transparency as a critical concern. Weak regulatory oversight and the absence of standardized definitions for terms like "sustainable" or "eco-friendly" further complicate the issue. The study identifies transparency, monitoring, and legal accountability as key themes requiring immediate attention. The research contributes to the existing literature by integrating legal perspectives with sustainable branding strategies, particularly in the context of developing countries. It also underscores the need for regulatory reforms that emphasize clear standards and stringent sanctions. Practical implications include recommendations for regulators to enhance oversight mechanisms and for companies to prioritize transparency to gain consumer trust. Future research should explore the effectiveness of standardized sustainability metrics and evaluate cross-country regulatory frameworks. This study offers a comprehensive foundation for addressing greenwashing and fostering authentic sustainability practices.
Copyright (c) 2025 Hakim: Jurnal Ilmu Hukum dan Sosial
A Planet in Crisis, Law on Trial: Toward a Just and Inclusive Geopolitics of Sustainability
The global ecological crisis, marked by climate change, biodiversity loss, and natural resource degradation, has revealed the limitations of existing legal frameworks in ensuring environmental sustainability. While international environmental law has developed significantly through instruments such as the Kyoto Protocol and the Paris Agreement, its implementation remains deeply uneven due to geopolitical power imbalances, historical responsibilities, and disparities in technical and financial capacities between the Global North and South. This study critically examines the intersection of environmental law and global geopolitics, arguing that legal mechanisms alone are insufficient without addressing underlying structural inequalities. Employing a multidisciplinary approach that integrates international law, political ecology, and sustainability studies, the research highlights three major areas: the evolution of international legal instruments, the geopolitical asymmetries in their implementation, and the emergence of inclusive and just sustainability initiatives. Furthermore, the study underscores the transformative role of non-state actors, particularly indigenous communities, civil society organizations, and transnational grassroots movements, in shaping global environmental governance. The novelty of this research lies in its emphasis on law as a political and normative tool to challenge dominant paradigms and reconstruct a more equitable global environmental order. The findings offer strategic insights for policymakers, legal scholars, and advocacy groups committed to promoting ecological justice in the era of the climate crisis.
Copyright (c) 2025 Leony Franaisca Sugiyono, Via Anandatia, Gusti Nandini https://creativecommons.org/licenses/by-sa/4.0
Gender Inequality in the Enforcement of Criminal Law: A Case Study of Sexual Violence Victims in Indonesia
Gender inequality in criminal law enforcement remains a persistent problem in Indonesia, particularly in cases involving sexual violence. Although legal reforms such as the Law on Sexual Violence Crimes (UU TPKS) aim to protect victims and uphold justice, many women survivors continue to face obstacles in the justice system. This study aims to examine the structural and cultural barriers that hinder fair and gender-sensitive legal processes for victims of sexual violence. A qualitative method was elawmployed, using in-depth semi-structured interviews and document analysis with survivors, police officers, and prosecutors across five provinces: West Kalimantan, Central Kalimantan, South Sulawesi, Central Java, and East Nusa Tenggara. The core finding of the study is that gender bias and institutional inadequacy consistently undermine the realization of justice for victims. law enforcement officers often lack adequate gender-based training and hold discriminatory attitudes toward victims. Survivors frequently experience secondary victimization, such as victim-blaming and revictimization during legal proceedings, which discourages them from pursuing justice. Structural limitations, such as insufficient personnel, poor inter-agency coordination, and influence from powerful perpetrators, also contribute to case withdrawals and legal stagnation. This study highlights a significant gap between normative legal frameworks and their practical implementation. The novelty of this research lies in its empirical exploration of both victim experiences and institutional challenges in law enforcement. The study contributes to gender and legal scholarship by offering insights for reforming criminal justice practices. It recommends institutional training, victim-centered procedures, and stronger enforcement of gender-sensitive legal standards. In conclusion, achieving justice for sexual violence victims requires systemic change that prioritizes survivor dignity, agency, and legal protection.
Copyright (c) 2025 Rendi Septiawan, Neria Fatihatul Isyri, Juana Failasufa https://creativecommons.org/licenses/by-sa/4.0
Legal Authority Crisis in Indigenous Forest Management: The Relationship between Dayak Customary Law and State Law in Kalimantan
The crisis of legal authority in the management of customary forests reflects deep-seated issues in the relationship between customary law and state law in Indonesia, particularly in the context of the Dayak indigenous community in Kalimantan. This research aims to identify and analyze the dynamics of legal conflicts and authority imbalances in forest management recognized as customary areas by local communities, but often claimed as state forest areas by the government. Using a descriptive-analytical qualitative approach and case study method, this research focuses on two strategic areas, namely Lamandau Regency and Gunung Mas. Data were collected through in-depth interviews, field observations, and analysis of legal documents as well as customary territory maps from BRWA and AMAN. The research results indicate that the tension between customary law and state law is evident both structurally and in practice. On one hand, indigenous communities uphold principles of management based on local wisdom, spirituality, and social collectivism; on the other hand, the state imposes a positive law approach and administrative logic on forest areas. This conflict not only creates legal uncertainty but also marginalizes the role of indigenous communities as key stakeholders. The findings also indicate the existence of resistance efforts undertaken by indigenous communities through participatory mapping, strategic litigation, and strengthening local institutions. This research concludes that an approach of legal pluralism and substantial recognition of customary legal authority is a crucial step in creating ecological and social justice for indigenous communities.
The Implementation of Blockchain Technology in the Criminal Justice System: Opportunities, Challenges, and Its Implications for Transparency and Accountability
On the contrary, the criminal justice system in Indonesia remains embroiled in challenges such as transparency, accountability, and efficiency due to heavy reliance on manual documentation and convoluted bureaucratic procedures. This study intends to analyze the opportunities, challenges, and implications for the enhancement of transparency and accountability in the criminal justice system through blockchain technology. Data were collected through in-depth interviews, documentation, and participatory observation involving 15 informants from various legal institutions employing a descriptive qualitative and case study approach. Most informants were in favor of implementing blockchain to improve the transparency and integrity of legal data, although some institutional resisters and regulatory uncertainties exist. The originality of this research is primarily due to the integration of the technical, social, and legal perspectives in its interdisciplinary context. Practical implications are revealed for urgent policy reform, training of human resources, and infrastructure for a digital technology base towards enabling transformation in the judiciary.
Legal Protection of Personal Data Privacy in the Digital Era: A Comparative Study between Indonesia and ASEAN Countries
The evolution of digital technology in the ASEAN region poses a considerable hurdle to the path of legal protection of privacy concerning personal data. This study aims to identify similarities in the legal frameworks for personal data protection and their practical enforcement in Indonesia, Singapore, Malaysia, and the Philippines. With the qualitative methodology commending comparative study and content analysis, data were collected from official regulations, literature reviews, and interviews with experts in the field of digital law. The main results showed that the protective systems in Singapore and the Philippines were stronger due to the presence of independent supervisory authorities, enforcement of stringent sanctions, and active civil participation from the public. On the other hand, challenges to enforcement and a lack of civil participation offer Indonesia and Malaysia little hope in softening what may be viewed as structural impediments. The study therefore recommends that for the harmonization of policies in ASEAN, supervisory institutions need to be strengthened, definitions of personal data need to be standardized, and public transparency needs to be enhanced. Particularly, this research is important in that it applies an indicator-based comparative approach and offers actionable policy recommendations that can be adopted regionally, addressing the challenges presented by the new digital era.
Restorative Justice for Online Hate Speech: A Socio-Legal Framework
This study explores the development of a socio-legal framework for restorative justice (RJ) as an alternative approach to addressing online hate speech in Indonesia. In light of the increasing limitations of retributive legal systems—especially in digital contexts—this research investigates how RJ principles can be applied to digital conflict resolution involving victims, offenders, digital communities, and legal institutions. Using a qualitative descriptive design and a socio-legal lens, data were collected through semi-structured interviews, document analysis, and online observation. Findings reveal a substantial gap between formal punitive mechanisms and the social realities of online interaction. While legal actors tend to adopt retributive responses, digital communities have shown greater alignment with restorative practices, including public apologies, dialogue, and empathy.Four major themes rose to the fore: institutional resistance, psychosocial needs of the victims, grassroots initiatives for restorative justice, and the place of ethical technology in that regard. The most important outcome is an approved Socio-Legal Restorative Justice Digital Framework, which synergistically combines normative legal knowledge, community knowledge, and digital mediation tools. The framework theoretically and practically relates to a socio-juridical lexicon for promoting inclusive, participatory, and transformative justice in cyberspace, with an avenue for implementing and evolving adaptive policy in the future.
Customary Law and Natural Resource Governance: Strengthening Indigenous Rights in Environmental Management
This study investigates the role of customary law in natural resource governance with a specific focus on strengthening the rights of Indigenous communities in Eastern Indonesia. The background of this research lies in the marginalization of customary law amid state-centered legal frameworks and the expansion of extractive industries, which often neglect Indigenous environmental stewardship. Using a qualitative case study approach, this research explores two Indigenous communities through in-depth interviews, participatory observation, and document analysis. The study identifies seven major themes—including traditional ecological practices, legal legitimacy, and institutional collaboration—based on thematic coding of 42 interview transcripts. Findings reveal that customary law serves as a culturally embedded regulatory system that effectively preserves biodiversity and maintains social harmony. In regions where formal recognition of customary land rights exists, communities demonstrate stronger environmental governance and reduced conflict. Conversely, areas lacking formal legal acknowledgment face greater legal uncertainty and ecological degradation due to state-imposed concessions. The study highlights the need for an inclusive legal framework that integrates customary and state law to ensure environmental justice. It also contributes conceptually by offering an interdisciplinary model combining juridical and socio-legal perspectives to analyze legal pluralism. This research affirms that customary law is not static but adapts dynamically to social and political changes. As such, the recognition and institutional integration of Indigenous legal systems are essential for achieving sustainable and equitable natural resource management.
Building Public Trust in Indonesia’s Legal System: Case Analysis and Social Implications
Public trust in the legal system plays a pivotal role in ensuring the legitimacy and effectiveness of law enforcement in democratic societies. In Indonesia, recurring issues such as judicial inconsistency, law enforcement bias, and unequal access to legal services have contributed to a crisis of confidence among citizens. This study aims to investigate the determinants of public trust in Indonesia’s legal system and to explore the broader social implications through a qualitative case study approach. Data were collected using in-depth interviews with key informants—including legal academics, activists, and citizens—complemented by media content, court rulings, and NGO reports. Thematic analysis, facilitated by ATLAS.ti, revealed three primary dimensions of legal trust: procedural justice, distributive justice, and restorative justice. Key findings show that personal experiences with legal institutions, media portrayal of legal cases, and the quality of institutional communication significantly influence public perceptions of the legal system. Participants who experienced discrimination or unequal treatment expressed higher levels of distrust, while others acknowledged the credibility of institutions such as the Constitutional Court. This study also finds that a lack of proactive and empathetic institutional communication undermines transparency and public legitimacy. The research contributes theoretically by integrating sociological and legal perspectives to understand how legal legitimacy is socially constructed. Practically, the findings highlight the need for structural and communicative reforms to rebuild public confidence in legal institutions. Ultimately, this study argues that trust in the legal system cannot be restored solely through legal formalism, but must also involve participatory engagement and equitable access to justice, especially in the context of Indonesia's evolving socio-political landscape.
Digital Transformation and Legal Awareness: An Empirical Study on Citizen Engagement through Legal Reporting Applications in Urban Areas
Digital transformation has significantly reshaped how urban citizens interact with legal systems, particularly through mobile applications such as LAPOR!, Qlue, and JAKI. While these platforms are intended to promote legal awareness and civic participation, their effectiveness remains unclear due to the gap between technological adoption and legal literacy. This study aims to examine the extent of citizen engagement in legal reporting via digital platforms and assess how digital transformation influences legal awareness in urban settings. Employing a quantitative approach, the study used an online survey method with 300 respondents from Jakarta, Bandung, and Surabaya—cities known for implementing legal reporting applications. The data were analyzed using descriptive and inferential statistics, including chi-square tests and logistic regression. The results indicate a relatively high usage rate of legal reporting apps; however, users' understanding of legal procedures remains moderate. Statistical analysis revealed that frequency of app usage and trust in legal institutions significantly affect legal awareness. Nevertheless, technological engagement alone does not automatically translate into improved legal understanding. The study highlights the need for integrated digital legal education within reporting applications and emphasizes institutional transparency as a driver of citizen trust and participation. This research contributes to the e-governance literature by proposing legal awareness as a critical normative variable, offering theoretical insights and practical recommendations for building more inclusive and participatory digital legal systems.
Restorative Justice in the Handling of Minor Criminal Offenses: Effectiveness and Societal Challenges
Often, retributive approaches in Indonesia's criminal justice system have failed to address minor offenses fairly and efficiently. The study intends to assess the feasibility of restorative justice (RJ) in practice while also addressing the social and institutional challenges that come with handling minor cases in urban and semi-urban areas. Using qualitative methods within a descriptive-evaluative approach, it analyzes 10 real cases from East Jakarta and Depok involving 25 informants from five major stakeholder groups. Findings indicate that almost 80% of the cases were appropriately disposed of through community mediation, the results of which were satisfying to victims, fastened processes, and no harm caused to the offenders. On the contrary, there were some challenges, such as limited knowledge among law enforcement officers, a lack of training, and victims' disbelief in those solutions. It recommends success indicators defined from the culture of field practices and introduces a modeled policy for RJ in the Indonesian context. What makes this research novel is the cross-actor approach and theoretical integration that truly minimizes the gap between law-related formal regulations and restorer justice in practice.