Hakim: Jurnal Ilmu Hukum dan Sosial; e-ISSN: 2987-7539 p-ISSN: 2987-6737 is an open access and peer-reviewed scholarly journal published by the Dept. of Law, Universitas Sains dan Teknologi Komputer (STEKOM University). The journal publishes original scholarly works in the field of legal studies, encompassing both theoretical and empirical research, with the aim of advancing legal scholarship and contributing to the development of legal practice in Indonesia. The journal's focus and scope include, but are not limited to, the following areas: Civil Law Criminal Law Constitutional Law International Law Procedural Law Customary (Adat) Law All submitted manuscripts undergo a rigorous double-blind peer review process to ensure academic quality, impartiality, and the integrity of the publication process. HAKIM Journal is published quarterly, with issues released in February, May, August, and November.
Fakultas Hukum, Universitas Sains dan Teknologi Komputer
The Discrepancy Between Norms and Practice: Access to Justice for Persons with Mental Disabilities Who Are Victims of Sexual Violence
This study is motivated by the odd mismatch between legal norms and what actually happens in day-to-day practice, when it comes to ensuring access to justice for people with mental disabilities who are victims of sexual violence. Legally speaking, protection is more or less guaranteed, but, in reality, implementation just keeps running into structural and institutional obstacles, which makes it feel like everything sort of falls apart in practice. Overall, this research wants to look closely at the kinds of discrepancy between norms and practice, and then to pin down what barriers really affect access to justice. The method uses a qualitative socio-legal approach, sorta combining normative review with empirical inquiry. Data were gathered via document analysis and also through in-depth interviews with informants who were selected purposively. After that, the material was analyzed thematically, even if the process felt a bit slower than planned. The findings suggest that barriers show up at nearly every stage of the judicial process. Structural barriers appear as the main cause, and they are followed by procedural constraints, cultural pressures, plus even some normative inconsistencies that shouldn’t really be there. In addition, non-adaptive procedures, limited support, stigma directed toward victims, and weak coordination between agencies all help widen the gap between what the law says and what victims experience. The contribution here is mostly the integrative approach that blends normative and empirical analysis within a sociology of law perspective, with a particular attention to mental disability. The broader implication is pretty clear: there is a need for judicial system reform that is more inclusive, more adaptive, and more responsive, so that substantive access to justice can become something concrete rather than just a promise on paper.
Copyright (c) 2026 Dian Kharisma, Rengga Kusuma Putra https://creativecommons.org/licenses/by-sa/4.0
The Disparity between Normative Law and Empirical Law in the Sociology of Law in Indonesi
The study aims to see how wide this gap really is between normative and empirical law, plus figuring out what causes it, and also how social change itself plays a part in shaping the connection between legal norms and everyday practices in society. Not just “what the rules say”, but also what people actually do, that kind of thing. For the method, this research uses a socio-legal approach. It blends qualitative and quantitative techniques, so the data collection becomes more grounded. Data were obtained from 150 respondents through interviews and documentation, then later processed systematically. Statistical techniques are used to keep the findings reliable and yes, to make sure the patterns are not only based on impressions. The results show that the gap between normative and empirical law is relatively high. Around 45.3% of respondents reported a low level of conformity. As for the causes, social factors account for 28% and institutional or law enforcement factors account for 26%, which both come up as the most prominent explanations. In addition, social change is found to have a significant relationship with the level of legal disparity. The contribution of this study is in reinforcing an integrative approach between normative aspects and empirical aspects in the sociology of law.
Copyright (c) 2026 Rengga Kusuma Putra, Dian Kharisma https://creativecommons.org/licenses/by-sa/4.0
Stigma Sosial terhadap Mantan Narapidana dan Hambatan Reintegrasi Sosial dalam Perspektif Kriminologi
Social reintegration is an important component of the correctional system because the success of punishment is determined not only by the completion of a sentence but also by the ability of former prisoners to return to and participate in community life. However, social stigma and the label “former prisoner” may persist after the completion of a sentence, potentially resulting in social exclusion, discrimination, and difficulties in accessing employment and rebuilding social relationships. This study aims to analyze social stigma against former prisoners and identify the forms and barriers to social reintegration from a criminological perspective. This study employs normative juridical legal research with a descriptive-analytical design through statutory, conceptual, and criminological approaches. Research materials were obtained through a literature review of legislation, books, scientific journal articles, and previous studies, and were analyzed qualitatively using Labeling Theory, Social Exclusion Theory, and Reintegrative Shaming Theory. The findings indicate that stigma can develop from a labeling process into social exclusion that restricts former prisoners’ access to employment, social relationships, and community participation. The integration of the three theoretical perspectives contributes to a more comprehensive understanding of the relationship between labeling, social exclusion, and reintegration barriers. The study concludes that successful reintegration depends not only on individual readiness but also on social acceptance, community support, and opportunities for former prisoners to resume productive social functions. These findings emphasize the importance of strengthening social-based reintegration policies to reduce stigma and support the prevention of recidivism.
Copyright (c) 2026 Joni Laksito, Sri Yulianingsih https://creativecommons.org/licenses/by-sa/4.0
Analisis Efektivitas Fungsi Jaksa Pengacara Negara dalam Mediasi Sengketa Antarlembaga Pemerintah Perspektif Access to Justice dan Good Governance
This study aims to analyze the effectiveness of the JPN function in resolving inter-governmental institutional disputes through mediation from the perspectives of Access to Justice and Good Governance. This research employs a normative juridical method with a descriptive-analytical design. The study uses statutory, conceptual, and case approaches by examining relevant regulations, legal doctrines, academic literature, and other legal materials related to the authority and implementation of JPN functions. The collected legal materials are analyzed qualitatively through legal interpretation and deductive reasoning to evaluate the effectiveness of JPN mediation. The findings indicate that JPN has a strategic role not only as a legal representative of the state but also as a facilitator of non-litigation dispute resolution. The effectiveness of JPN mediation is influenced by regulatory support, professional capacity, institutional coordination, and the willingness of government institutions to utilize alternative dispute resolution mechanisms. This study contributes theoretically by integrating legal effectiveness theory with Access to Justice and Good Governance perspectives, while practically providing recommendations for strengthening JPN capacity and improving government dispute resolution mechanisms. The study concludes that optimizing the role of JPN in mediation can support a more effective, accountable, and justice-oriented government dispute resolution system.
Copyright (c) 2026 Sri Yulianingsih, Joni Laksito https://creativecommons.org/licenses/by-sa/4.0
Human Trafficking Prevention Through Evolving International Migration Law and Multilevel Rights Protection Mechanisms
The mounting complexity of transnational human trafficking has uncovered the weaknesses of migration governance that prioritize border control over migrants' rights protection. What are the implications? This study will explore how the evolution of international migration law has impacted on building up a multilevel rights protection mechanism to strengthen efforts against human trafficking. Comparative legal analysis was integrated with a qualitative approach to the study of juridical-doctrinal issues. Additionally, The study included not only secondary and tertiary legal sources but also the primary legal materials themselves, such as international conventions, protocols or national legislation. This involved identifying, classifying and interpreting the data to determine how legal codes evolved and interacted with each other across different legal systems. This demonstrates that the legal regime governing international migration has evolved from being based on border control to 'rights-based treatment', which highlights the importance of utilizing international and national laws to ensure the protection of migrants. This development leads to the creation of a multilevel rights protection regime, which enhances the preventive measures against human trafficking by making the migrants less vulnerable. The research offers a thorough theoretical framework, which shows how changing legal norms become the normative basis for protecting multilevel rights in international migration law.
Copyright (c) 2026 Methodius Kossay, Althea Serafim Kriswandaru https://creativecommons.org/licenses/by-sa/4.0
Dissecting Access to Justice: The Role of Structural Barriers in the Legal Process and Their Impact on Society
Barriers that inhibit access to justice remain in existence, thus restricting the capacity of vulnerable groups to interact with the judicial process. The main objective of the current study is to examine the effects of structural barriers on legal processes, legal accessibility, and wider societal outcomes. Further, using an instrumental case study design, a total of 36 respondents with experiences of civil or minor crimes in five areas of Indonesia were chosen by maximum variation sampling. Thematic analysis supported by NVivo 14 was used to analyze data obtained through semi-structured interviews, participant observation, and document analysis. It also analyzed the relationships among economic, institutional, procedural, social, as well as technological barriers. All of the above were considered. It is evident from the results that structural barriers are present in different ways, occurring as a result of cumulative events rather than individual ones throughout the legal system. Procedural, institutional, social and technological barriers were reinforced by economic barriers as the initial trigger, leading to a cycle that disproportionately prevented certain groups from accessing meaningful justice. This work contributes an integrative analytical framework to the literature on access to justice by explaining the causal interaction among structural barriers. The outcomes highlight the need for multidimensional, context-sensitive legal reform to alleviate structural inequalities and promote equitable access to justice.
Copyright (c) 2026 Maulana Fahmi Idris, Berliant Pratiwi https://creativecommons.org/licenses/by-sa/4.0
Ambiguitas Status Korban dan Pelaku Pekerja Paksa Siber Lintas Negara dalam Hukum Pidana Internasional
The rapid development of information technology has given rise to a new transnational crime pattern in which organized cross-border cybercrime syndicates force trafficking victims to carry out online fraud, including romance scams and fraudulent investment schemes. This phenomenon places law enforcement officers in a difficult position when determining whether an individual apprehended in such operations is a perpetrator of cybercrime or a victim of exploitation compelled to commit the offense. This research descriptively analyzes that confusion by drawing on the Palermo Protocol and several international human rights instruments. Using a normative legal research method with statutory and conceptual approaches, this study finds that Article 3 of the Palermo Protocol provides a framework for victim identification through the elements of act, means, and purpose of exploitation, yet the Protocol does not explicitly regulate the non-punishment principle, leaving its application dependent on derivative instruments such as the ASEAN Convention Against Trafficking in Persons and international human rights law. The victim-perpetrator ambiguity can be minimized through the application of coercion, absence of reasonable alternative, and proportionality criteria, alongside strengthened early identification capacity among cross-border law enforcement agencies. This study recommends harmonizing national law with the non-punishment principle and strengthening international legal cooperation to reach the organizers who control these syndicates.
Copyright (c) 2026 Athian Farid Baihaqi https://creativecommons.org/licenses/by-sa/4.0
Putusan Pailit Indonesia Melintasi Batas Negara: Kegagalan Eksekusi Aset Luar Negeri dalam Kekosongan Cross-Border Insolvency
This study examines the effectiveness of Indonesian bankruptcy judgments in reaching debtors’ assets located abroad and identifies the structural gaps affecting cross-border insolvency administration. It employs a normative juridical method using statutory, conceptual, and case approaches. Judicial decisions issued in 2023–2024 were selected purposively based on their availability in the Supreme Court Decision Directory, representation of bankruptcy and suspension-of-debt-payment proceedings, availability of official texts or metadata, and relevance to estate administration and creditor recovery. The analysis shows that the phrase “all assets of the debtor” in Article 21 of Law Number 37 of 2004 provides broad normative coverage, while Articles 16 and 69 are not accompanied by operational mechanisms for access to foreign courts, recognition of proceedings, relief, and court-to-court cooperation. Doing Business 2020 is therefore used only as a measure of domestic procedural efficiency, not as direct evidence of cross-border enforcement capacity. A comparison with the United States, Singapore, and the United Kingdom indicates that Indonesia can adopt procedural elements concerning access, recognition, relief, cooperation, public policy, and creditor protection, while adjusting creditor priorities, court structure, and domestic doctrines to the national legal system. In Re PT Garuda Indonesia (Persero) Tbk [2024] SGHC(I) 1 demonstrates that an Indonesian proceeding may obtain recognition under the law of the forum, but also reveals an institutional asymmetry because Indonesia lacks an equivalent reciprocal mechanism. The study proposes the Cross-Border Insolvency Gap Framework, comprising normative-scope, access, recognition-relief, coordination, and institutional-enforcement gaps, and recommends the gradual adoption of the UNCITRAL Model Law alongside stronger judicial and trustee capacity.
Copyright (c) 2026 Fryandi Simanullang, M. Tajudin Nur, Halomoan Purba, Norma Yulita Sari https://creativecommons.org/licenses/by-sa/4.0
Kedudukan Balai Harta Peninggalan Semarang dalam Melindungi Orang dibawah Pengampuan
This study aims to determine the position of the Semarang Orphans’ Chamber in fulfilling its function as a supervisory conservator, as well as to identify the obstacles faced in providing legal protection for persons under conservatorship. This study is normative legal research. The research data used is secondary data. Data collection techniques were conducted through document studies and in-depth interviews with the Associate Civil Curator (Kurator Keperdataan Ahli Madya) of BHP Semarang. The secondary data obtained were then analyzed using a descriptive qualitative approach. The results indicate that BHP Semarang holds a strategic position as a supervisory conservator based on Article 449 in conjunction with Article 452 of the Indonesian Civil Code and the Regulation of the Minister of Law and Human Rights Number 7 of 2021. This position is manifested through three main roles: a supervisory role (monitoring the conservator's performance and auditing annual reports), a protective role (granting approval for crucial legal actions through authentic deeds), and a corrective role (proposing the revocation or replacement of the conservator to the court if irregularities are found). However, the effectiveness of this protection is still constrained by regulatory weaknesses, limited human resources and operational budgets, as well as low public legal awareness.
Orphans’ Chamber (Balai Harta Peninggalan)
Copyright (c) 2026 Giffary Dwi Satrio, Endang Heriyani https://creativecommons.org/licenses/by-sa/4.0
Kejelasan Rumusan Delik Pasal 454 KUHP: Analisis Berdasarkan Prinsip Lex Certa
This study examines the formulation of the criminal offense under Article 454 of Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP), which prohibits taking away or absconding with a child or woman by unlawful means. The enactment of the new Criminal Code marks an important step in reforming Indonesia's criminal law system; however, several provisions, including Article 454, contain broad and open-textured phrases such as "membawa pergi" (taking away), "melarikan" (absconding), and "tipu muslihat" (deceitful means) that are not accompanied by clear definitional boundaries. This ambiguity raises concerns regarding compliance with the lex certa principle, a fundamental element of the legality principle requiring criminal norms to be formulated clearly, precisely, and without multiple interpretations. This research is a normative legal study employing statutory and conceptual approaches, with legal materials analyzed qualitatively through a prescriptive method. The findings indicate that Article 454 has not fully satisfied the lex certa principle, as its elastic wording opens the article to divergent interpretations by law enforcement officers and judges, creating the risk of "rubber article" (pasal karet) practices, judicial disparity, and potential overcriminalization of conduct that properly belongs to the private or social sphere. The study concludes that clearer definitional limits, whether through implementing regulations, enforcement guidelines, or the development of jurisprudence, together with a restrictive interpretive approach by law enforcement officers, are necessary to ensure that the application of Article 454 remains consistent with the principle of legal certainty.
Copyright (c) 2026 Andi Fathurrahman, Muhammad Fathir Al Farisi, Fajar Bakti Tolanda https://creativecommons.org/licenses/by-sa/4.0
Politik Hukum Perlindungan Lahan Sawah Dilindungi untuk Ketahanan Pangan
The Indonesian Constitution positions the right to food as an essential part of the right to life, welfare, and human dignity. This article analyzes the legal politics of protecting sustainable food agricultural land through the policy of Protected Rice Fields (Lahan Sawah Dilindungi/LSD) and its relationship with Sustainable Food Agricultural Land (Lahan Pertanian Pangan Berkelanjutan/LP2B). The study uses normative juridical research with statutory, conceptual, and descriptive-analytical approaches to examine the 1945 Constitution, Law No. 41 of 2009, Presidential Regulation No. 59 of 2019, ministerial decisions on LSD designation, and relevant legal literature. The findings show that LSD is not an isolated spatial-planning instrument, but a constitutional policy designed to accelerate LP2B protection, restrain agricultural land conversion, and strengthen national food sovereignty. Law No. 41 of 2009 and Presidential Regulation No. 59 of 2019 are normatively aligned because both derive their validity from the constitutional mandate to secure public welfare and the right to food. However, implementation still faces serious challenges, especially mismatch between central LSD maps and local LP2B/spatial plans, uncertainty for business actors, and administrative consequences for land already used before LSD designation. Therefore, responsive legal politics requires synchronization of spatial data, participatory verification, proportional dispute settlement, and balanced protection between food-security interests and legal certainty for citizens.
Copyright (c) 2026 Maruli Jonathan, Rahadi Wasi Bintoro, Sri Wahyu Handayani https://creativecommons.org/licenses/by-sa/4.0
Analisis Komparatif Kualifikasi dan Pertanggungjawaban Pidana Atas Tindakan Memasuki Area Terbatas Tanpa Izin Antara Hukum Amerika Serikat dan Hukum Indonesia
The growing phenomenon of “rooftopping”, unauthorized climbing of tall buildings publicized through social media, raises new legal questions, particularly regarding the qualification of criminal acts and criminal liability for unauthorized entry into restricted areas. The marriage proposal staged atop the antenna of the Empire State Building, New York, on 1 July 2026 illustrates how an act perceived as romantic can carry serious criminal consequences under United States law. This article examines the regulation of unauthorized entry into restricted areas under United States law and compares it with Indonesian law to identify similarities, differences, and implications should a similar act occur within Indonesian jurisdiction. This research employs a normative juridical method using statutory, case, comparative, and conceptual approaches. The findings show that United States law, through New York Penal Law Article 140, regulates trespassing and burglary in a tiered manner based on location, means, and time of the act, with penalties ranging from violations to serious felonies. In contrast, Indonesian law, both under Article 167 of the old Criminal Code and Article 257 of the new Criminal Code (Law Number 1 of 2023), regulates such conduct in a single article with comparatively lighter penalties and a narrower “forcible entry” element compared to the broader “knowingly entering without right” element under United States law. This structural difference implies a potential legal gap should a similar event occur in Indonesia, particularly concerning the still-unregulated phenomenon of high-rise building climbing stunts.
Copyright (c) 2026 Yosep https://creativecommons.org/licenses/by-sa/4.0
Reorientasi Perlindungan Saksi dan Korban dalam Sistem Peradilan Pidana Indonesia dari Pengaturan Parsial Menuju Model Perlindungan Terpadu
The criminal justice system should not only focus on identifying offenders, proving criminal acts, and imposing punishment, but also on preventing further harm to witnesses and victims. In Indonesia, witness and victim protection has developed from a limited procedural arrangement under the Criminal Procedure Code toward broader protection through sectoral statutes, Law No. 13 of 2006, Law No. 31 of 2014, and the more recent Law No. 3 of 2026 on Witness and Victim Protection. This study aims to analyse the development of witness and victim protection within the Indonesian criminal justice system and to formulate an integrated criminal law policy model for strengthening such protection. This research uses a normative juridical method with a qualitative orientation. The analysis is conducted through statutory, conceptual, historical, and legal policy approaches by examining primary legal materials and secondary legal literature related to victimology, criminal law, restitution, compensation, and victim recovery. The findings show that Indonesian law has gradually expanded the scope of protected subjects, strengthened the institutional role of the Witness and Victim Protection Agency, and introduced new mechanisms such as the Victim Endowment Fund, regional government support, and information technology-based coordination. However, the existing framework still faces fragmented protection standards, obstacles in restitution enforcement, weak inter-institutional coordination, and the need for more operational implementing regulations. This study contributes by offering an integrated protection model that connects risk assessment, witness security, victim recovery, restitution, compensation, institutional coordination, regional support, and secure information technology.
Copyright (c) 2026 Siti Fadila Nuramelia, Riski Ananda Kusuma Putri, Muhammad Abdul Azis, Alya Synthia Kurniawati, Misshouw Meilany Putri https://creativecommons.org/licenses/by-sa/4.0
Maladministrasi Pelayanan Perpajakan Digital dan Tanggung Jawab Administratif Direktorat Jenderal Pajak atas Kerugian Wajib Pajak
Maladministration in tax services remains a significant challenge to legal certainty and the protection of taxpayers' rights in Indonesia, particularly within the rapid transition to digital taxation. This study examines the evolution of digital tax maladministration, culminating in the early 2025 implementation of the Coretax Administration System, which has sparked new operational issues such as system incompetence, procedural bugs, and server inaccessibility. Analyzing statistical trends from the Ombudsman of the Republic of Indonesia from 2023 to 2025, this research evaluates how technical failures unjustly impose administrative and financial penalties on taxpayers without any fault on their part. Using a normative legal research method with statutory, conceptual, and case approaches, this study analyzes the construction of government liability and the effectiveness of available legal remedies. The findings reveal that digital service failures (service failures) constitute a public authority tort (onrechtmatige overheidsdaad) under the category of faute de service. Consequently, the Directorate General of Taxes administrative responsibility to restore taxpayers' rights through correction, cancellation of unlawful administrative sanctions, and other administrative remedies in accordance with Indonesian administrative law. To ensure robust legal protection, this study recommends the formalization of a preventive "tax digital disaster protocol" via Ministerial Regulation and emphasizes the crucial repressive synergy between the Ombudsman RI and the Administrative Court (PTUN).
Copyright (c) 2026 Sri Hartini, Siti Kunarti, Al Fiani Nenden Iryatin, Tenang Haryanto https://creativecommons.org/licenses/by-sa/4.0
Penerapan Persona Non Grata sebagai Instrumen Perlindungan Kedaulatan Negara dalam Hukum Diplomatik Internasional
Diplomatic relations are an important instrument in the implementation of international relations based on respect for state sovereignty and the effective implementation of diplomatic functions. In practice, the abuse of diplomatic privileges and immunities can threaten the interests of the recipient country, thus requiring a legal mechanism to protect its sovereignty. This study aims to analyze the provisions of persona non grata in international diplomatic law and examine its application as an instrument for protecting state sovereignty. The study uses normative legal methods with a statutory and conceptual approach. Legal materials were obtained through literature studies, then analyzed qualitatively using prescriptive methods. The results show that the provisions of persona non grata in Article 9 of the 1961 Vienna Convention authorize the recipient country to declare a diplomat no longer acceptable without the obligation to provide reasons. The application of this mechanism is a form of protection of state sovereignty from diplomatic actions that conflict with diplomatic functions, but its implementation must still be based on the principle of good faith to prevent misuse as a political instrument. Thus, persona non grata plays a role in maintaining a balance between the protection of state sovereignty and the continuity of diplomatic relations in accordance with the principles of international law.
Copyright (c) 2026 Joko Wibowo, Nur Rahma Elza, Arinta Tracy Maria Siahaan, Maidani Intan Afiqah Lubis, Daniel Martin A Purba, Ridwan Wijaya https://creativecommons.org/licenses/by-sa/4.0
Kedudukan dan Kewenangan ATR/BPN dalam Penyelesaian Sengketa Pertanahan melalui Mekanisme Non-Litigasi
This study aims to analyze the legal basis for the authority of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) in resolving land disputes, examine the dispute resolution mechanism through non-litigation channels, and explain the position of ATR/BPN as a facilitator and mediator in realizing legal certainty in land issues. The research method used is normative legal research with a statutory approach and a conceptual approach. Data sources were obtained from primary legal materials in the form of laws and regulations as well as secondary legal materials in the form of books, scientific journals, and expert doctrines relevant to the research object. The results of the study indicate that the authority of ATR/BPN in resolving land disputes has a strong legal basis, namely the 1945 Constitution, Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA), and Regulation of the Minister of ATR/BPN Number 21 of 2020 concerning Handling and Settlement of Land Cases. The non-litigation mechanism is implemented through the stages of complaints, verification, clarification, and mediation. In practice, the ATR/BPN acts as a neutral facilitator and mediator, helping the parties reach an agreement. The implications of this research indicate that the non-litigation mechanism facilitated by the ATR/BPN has the potential to support simpler, more efficient, and more consensus-oriented land dispute resolution in accordance with applicable legal provisions.
Copyright (c) 2026 Muhammad Ma’shum, Sulistina Sulistina https://creativecommons.org/licenses/by-sa/4.0
Digital Vigilantism sebagai Manifestasi Living Law Modern: Studi Sosiologi Hukum terhadap Sanksi Sosial Netizen di Indonesia
Digitalization in Indonesia has fundamentally shifted social interactions from physical domains into cyberspace, creating a complex legal phenomenon where netizens act as informal law enforcers through viral social pressure ("No Viral, No Justice"). This study aims to analyze the sociological emergence of digital vigilantism from a sociological jurisprudence perspective. Utilizing a Systematic Literature Review (SLR) guided by the PRISMA protocol, this research transparently screened 125 initial records from the Sinta database, yielding a final sample of 10 representative peer-reviewed articles published within a strict chronological boundary of 2021–2025. The results indicate that digital vigilantism is a functional manifestation of "Cyber Living Law"—an unwritten normative system driven by virtual community consensus to address the perceived stagnancy of formal law enforcement. Culturally, online public shaming behaves as a contemporary, non-physical adaptation of traditional customary sanctions. However, this study underscores a rigid normative demarcation between sociological legitimacy and formal legality: activities such as doxing and public shaming remain dogmatically non-permissible acts that violate written positive law (KUHP and the ITE Law). This paper concludes that Cyber Living Law must not be co-opted to legitimize cyber-anarchy; instead, it should be accommodated through future criminal policy reforms that incorporate cyber restorative justice mechanisms to harmonize public substantive justice with state legal certainty while preserving judicial independence from the pressure of virtual crowds.
Copyright (c) 2026 Upik Mutiara, Tanto Purwanto, Primandha Anggoro, Ahmad Ahmad, Achmad Faiz https://creativecommons.org/licenses/by-sa/4.0
Konflik antara GATS dan TRIPS dalam Regulasi Perdagangan Global: Dampaknya terhadap Akses Pasar dan Teknologi di Negara Berkembang
This study examines the convergence and conflict between the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the global trading system and their impact on market access and technology in developing countries. This study uses a normative legal research method with a qualitative, conceptual, and theoretical approach. Primary Legal Material refers to WTO provisions related to GATS and TRIPS, while secondary legal materials are in the form of journals, books, and related research. The analysis was conducted qualitatively using dependency theory and comparative advantage theory as analytical tools. The results of this study indicate that excessively strong protection of intellectual property rights can limit developing countries' access to technology, knowledge transfer, and innovation. This condition increases the dominance of multinational companies and increases the dependence of developing countries on developed countries, especially in the digital technology, health, and education sectors. In addition, the relationship between GATS and TRIPS also has an impact on the digital sovereignty of developing countries because control of data, software, cloud computing, and artificial intelligence is still dominated by global companies from developed countries. Therefore, a more balanced international trade regulation is needed so that global trade liberalization does not only benefit developed countries, but is also able to encourage equal access to technology, national technological independence, and sustainable economic development for developing countries.
Copyright (c) 2026 Ria Marwati https://creativecommons.org/licenses/by-sa/4.0
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
The Role of Judges in Ensuring Restorative Justice in Juvenile Criminal Cases
Children are considered a vulnerable group within the criminal justice system and therefore require special legal protection through approaches emphasizing recovery and child protection. This study aims to analyze the role of judges in ensuring the implementation of restorative justice in juvenile criminal cases in Indonesia, identify factors influencing judicial considerations, and evaluate the application of restorative justice in judicial practice. The research uses a qualitative method with an empirical juridical (socio-legal research) approach. Data were collected through in-depth interviews, document studies, and literature reviews involving 12 informants, including judges, advocates, correctional counselors, and child assistance officers. The findings indicate that judges play an important role in balancing child protection, legal certainty, and social recovery in juvenile criminal proceedings. The implementation of restorative justice is influenced by the child’s psychological condition, family support, social environment, and public pressure regarding punishment. This study contributes to the development of juvenile criminal law scholarship through a socio-legal approach that emphasizes integrating legal, social, and psychological aspects into judicial considerations to create a more humane and rehabilitative juvenile justice system.
Copyright (c) 2026 Sri YUlianingsih, Methodius Kossay https://creativecommons.org/licenses/by-sa/4.0
Analysis of Judges’ Considerations in Rendering Decisions in Digital-Based Criminal Cases in Indonesia
The rapid development of digital technology has led to the emergence of various forms of cybercrime, requiring adaptation within Indonesia’s criminal justice system. The complexity of digital offenses, particularly in relation to electronic evidence, places judges in a crucial position when interpreting the law and delivering fair decisions. This study aims to analyze judges’ considerations in digital-based criminal cases, identify factors influencing the assessment of electronic evidence, and evaluate the consistency of judicial decisions in similar cases. The research employs an empirical legal method with a qualitative socio-legal approach, combining the analysis of 12 court decisions with in-depth interviews involving five informants, including judges and legal practitioners. The findings reveal that judicial reasoning is not solely based on statutory provisions but is also shaped by technical understanding of digital evidence and the specific context of each case. Variations in decisions were identified in cases with similar characteristics, indicating the absence of standardized guidelines for evaluating electronic evidence. Additionally, judges’ experience and technological competence significantly influence decision-making quality. This study contributes theoretically by enriching empirical perspectives in criminal law and practically by offering insights for improving digital evidence assessment, emphasizing the need to integrate legal and technological understanding to ensure justice and legal certainty.
Copyright (c) 2025 Methodius Kossay, Berliant Pertiwi 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
Konflik Agraria dan Perlindungan Masyarakat Adat: Analisis Hukum atas Pembangunan Berkelanjutan di Indonesia
Agrarian conflicts in customary forest areas in Indonesia, particularly in Eastern Indonesia, have shown increasing intensity alongside the expansion of natural resource-based development. Although normative legal recognition of indigenous peoples has been established through various legal instruments, policy implementation remains inconsistent, leading to conflicts and legal uncertainty. This study aims to analyze the consistency of legal frameworks governing customary forests, identify patterns of agrarian conflict, and examine the gap between legal norms and their implementation within the framework of sustainable development. The research employs a normative legal approach strengthened by limited empirical analysis, utilizing statute, conceptual, and case approaches. Data were obtained from primary and secondary legal materials, as well as reports on agrarian conflicts in Papua and Maluku. The findings reveal regulatory fragmentation among agrarian, forestry, and sectoral policies, resulting in state dominance over forest areas and delays in the formal recognition of customary forests. Furthermore, agrarian conflicts are predominantly driven by investment expansion in forestry, plantation, and mining sectors, reflecting an imbalance in the implementation of sustainable development principles. The gap between das sollen and das sein emerges as a key factor hindering effective legal protection for indigenous communities. This study contributes to the development of critical legal perspectives on sustainable development and provides policy recommendations to promote more substantive and inclusive recognition of customary forests. Thus, integrated legal reform is essential to achieving equitable and sustainable agrarian justice.
Copyright (c) 2026 Amesh Kamlale https://creativecommons.org/licenses/by-sa/4.0
Keadilan Algoritmik dan Perlindungan Data Pribadi: Tantangan Regulasi Hukum di Era Kecerdasan Buatan di Indonesia
The rapid development of artificial intelligence (AI) in Indonesia poses new challenges for the legal system, particularly regarding algorithmic fairness and personal data protection. Although Indonesia has enacted the Personal Data Protection Law, the current regulatory framework primarily focuses on data governance and does not comprehensively address algorithmic decision-making mechanisms. This study aims to analyze the gap between legal regulation and the practical implementation of algorithmic systems, and to formulate a model for integrating algorithmic fairness into Indonesia’s legal framework. The research employs a socio-legal approach that combines normative legal analysis of statutory regulations with empirical insights obtained through interviews with academics, practitioners, and regulators. The findings reveal key issues, including algorithmic bias, lack of transparency, and weak accountability, which contribute to potential discrimination in digital systems. Furthermore, a significant gap is identified between legal norms and their implementation, driven by regulatory limitations and insufficient institutional capacity. This study proposes an algorithmic fairness model based on the principles of transparency, accountability, and non-discrimination as a foundation for regulatory improvement. The contribution of this research lies in advancing a more adaptive legal approach to emerging technologies and providing policy recommendations for AI governance. Ultimately, this study underscores the urgency of integrating algorithmic fairness into legal systems to ensure equitable and sustainable digital rights protection in the evolving digital era.
Copyright (c) 2026 Yosafat Grez 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