Perkara : Jurnal Ilmu Hukum dan Politik; memiliki e-ISSN: 2988-5213; p-ISSN: 2988-7747 jurnal ilmiah yang diterbitkan oleh Program Studi Hukum, LPPM Universitas Sains dan Teknologi Komputer yang memuat kajian teoritik maupun empiris di bidang ilmu hukum dan politik. Jurnal ini bertujuan untuk menjadi wadah akademik bagi para akademisi, peneliti, dan praktisi hukum dalam mempublikasikan hasil penelitian serta analisis kritis yang relevan dengan perkembangan hukum dan kebijakan politik di tingkat nasional maupun internasional. Perkara menerbitkan artikel dengan cakupan luas meliputi hukum publik, hukum tata negara, hukum pidana, hukum perdata, hukum internasional, serta hubungan antara hukum dan politik, termasuk aspek kebijakan publik, demokrasi, dan supremasi hukum. Jurnal ini terbit 1 tahun 4 kali (Maret, Juni, September dan Desember).
Universitas Sains dan Teknologi Komputer
Arsitektur Risiko Penuntutan pada Perkara Kejahatan Siber: Pendekatan Bayesian Network
The increasing complexity of cybercrime presents significant challenges for prosecutors in evaluating the readiness and success probability of criminal prosecution. Conventional approaches primarily rely on legal interpretation and professional judgment, often overlooking the interdependencies among evidentiary factors that influence prosecutorial outcomes. This study aims to develop a prosecution risk architecture for cybercrime cases using a Bayesian Network approach to model probabilistic relationships among key prosecution variables. A quantitative probabilistic modeling approach was employed by constructing a Bayesian Network consisting of evidence quality, chain of custody integrity, seizure procedure validity, digital forensic competence, offender identification, cross-jurisdictional cooperation, prosecutorial indictment quality, and prosecution success probability. Simulation results demonstrate that electronic evidence quality and chain of custody integrity are the most influential variables affecting prosecution success. Furthermore, the proposed model effectively captures risk propagation among interconnected variables, enabling dynamic evaluation of prosecution scenarios under uncertain conditions. The developed architecture provides a transparent and evidence-based decision support framework for assessing prosecution readiness and identifying critical factors requiring improvement before trial. This study contributes to the advancement of risk-based prosecution by introducing a probabilistic analytical framework capable of supporting more objective, adaptive, and systematic prosecutorial decision-making in addressing increasingly sophisticated cybercrime cases.
Copyright (c) 2026 Faridatus Sakdiyah, Silviana Silviana https://creativecommons.org/licenses/by-sa/4.0
Karakteristik Perkara yang Memperoleh Restorative Justice pada Tahap Penuntutan: Pendekatan Fuzzy Set QCA
This study examines the configurations of case characteristics that lead to the termination of prosecution through Restorative Justice (RJ) at the prosecution stage in Indonesia. While previous studies have predominantly employed linear statistical approaches to explain prosecutorial decision-making, they have paid limited attention to the configurational interactions among legal and contextual conditions. To address this gap, this research applies Fuzzy-set Qualitative Comparative Analysis (fsQCA) to identify multiple causal pathways associated with restorative justice outcomes. The analysis is based on prosecution case records that fulfilled the legal requirements for restorative justice and were calibrated into fuzzy-set membership scores using direct calibration procedures. Necessity and sufficiency analyses were subsequently conducted to identify consistent configurations of conditions leading to prosecution termination. The findings demonstrate that no single condition is sufficient to explain restorative justice decisions. Instead, successful prosecution termination emerges from distinct combinations of factors, particularly involving the severity of the offense, restitution of losses, reconciliation between the offender and the victim, the absence of recidivism, and consideration of the public interest. These results confirm the principles of causal complexity , conjunctural causation , and equifinality underlying prosecutorial discretion in restorative justice implementation. The study contributes to the literature by providing a configurational explanation of prosecution decision-making and offers empirical evidence to support more transparent, consistent, and evidence-based restorative justice policies within the Indonesian prosecution service.
Fuzzy-set Qualitative Comparative Analysis (fsQCA)
Copyright (c) 2026 Althea Serafim Kriswandaru, Budi Raharjo, Neilin Nikhlis https://creativecommons.org/licenses/by-sa/4.0
Model Prediksi Keberhasilan Penuntutan Perkara Korupsi Menggunakan Explainable Machine learning
The integration of artificial intelligence in legal analytics often encounters substantial friction due to the inherent "black-box" nature of advanced predictive models, which conflicts with the strict requirements for transparency and accountability in judicial decision-making. To address this limitation, this study develops a robust transdisciplinary framework using Explainable Machine learning (XML) to predict prosecution outcomes in corruption cases while systematically decomposing the underlying causal mechanisms. Utilizing an extensive dataset of inkracht corruption cases, six machine learning algorithms—ranging from linear baselines to advanced boosting architectures—were trained, optimized via Bayesian optimization, and evaluated using rigorous performance and calibration metrics. The empirical results demonstrate that the XGBoost model outperforms competing architectures, achieving an Accuracy of 0.92, an F1-Score of 0.91, a Matthews Correlation Coefficient (MCC) of 0.84, and an optimal probability calibration with a Brier Score of 0.06. McNemar’s test confirms that this predictive superiority is statistically significant ($p < 0.05$). Beyond raw predictive performance, global and local interpretability via post-hoc methods (SHAP and LIME) reveals that the presence of electronic evidence and the number of admissible pieces of evidence serve as the most critical positive determinants, whereas high case complexity exerts a strong negative influence on prosecution success, directly validating judicial burden-of-proof theories. This dual-granular explanation bridges the gap between computational law and prosecutorial discretion. Ultimately, this framework provides a scientifically validated, non-prescriptive decision support system capable of mitigating prosecution risks, reducing systemic disparities, and supporting data-driven governance within judicial administrations.
Copyright (c) 2026 Berliant Pratiwi, Yosep Aditya Wicaksono, Haikal Nur Rachmanrachim Archaqie https://creativecommons.org/licenses/by-sa/4.0
Jaringan Aktor dalam Penanganan Perkara Korupsi oleh Kejaksaan: Pendekatan Social Network Analysis
This study analyzes corruption case handling by the Prosecutor’s Office through a Social Network Analysis (SNA) within the framework of Network Governance Theory. It reconceptualizes prosecutorial performance as a networked enforcement system shaped by inter-organizational relations rather than a purely hierarchical legal process. The unit of analysis is case-based relational networks across investigation, prosecution, and audit stages. Findings indicate a moderately centralized but structurally fragmented network, where cross-institutional coordination is primarily mediated by brokerage actors. Centrality analysis reveals a clear decoupling between formal authority and relational power, with actors holding high betweenness centrality exerting disproportionate influence over information flow and evidentiary validation. Modularity results identify three institutional clusters—investigation, prosecution, and audit—with strong internal cohesion but weak inter-cluster connectivity. This configuration produces a brokerage-dependent enforcement structure, where case progression relies on a limited number of bridging actors. Network density further confirms asymmetric coordination patterns characterized by strong intra-cluster ties and weak inter-cluster integration. The study introduces the concept of configurational enforcement bias, highlighting how network structure systematically shapes prosecutorial outcomes through unequal distribution of information access and coordination capacity. The findings extend Network Governance Theory by demonstrating that criminal justice governance is structurally asymmetric and relationally contingent.
Copyright (c) 2026 Methodius Kossay https://creativecommons.org/licenses/by-sa/4.0
Constitutional Resilience in the Era of Digital Governance: Legal Challenges of Algorithmic Decision-Making in Public Administration
The expansion of algorithmic governance in public administration has transformed the exercise of administrative power in the digital era. The increasing use of artificial intelligence (AI) in administrative decision-making improves bureaucratic efficiency while generating constitutional challenges related to transparency, accountability, due process, judicial oversight, and fundamental rights protection. This study examines the constitutional implications of algorithmic decision-making and the capacity of constitutional frameworks to preserve the rule of law in digital governance. This research employs a normative juridical method combined with comparative constitutional analysis of AI governance approaches in the European Union, the United States, and several Asian jurisdictions. The findings reveal that algorithmic decision-making has transformed AI into a mechanism of public authority capable of reshaping state–citizen relations. The opacity of black-box systems , algorithmic bias, and the diffusion of administrative responsibility potentially weaken legality, democratic accountability, and judicial control in public administration. Comparative analysis demonstrates that different jurisdictions adopt distinct constitutional approaches to AI governance despite facing similar challenges in maintaining constitutional legitimacy within automated governance systems. This study proposes constitutional resilience as a normative framework for controlling algorithmic administrative power through transparency, human oversight, independent auditing, the right to explanation, and strengthened judicial review. The study contributes to the development of digital constitutionalism by reconstructing the relationship between technology, administrative authority, and constitutional principles in AI-driven governance.
Copyright (c) 2026 Dian Kharisma https://creativecommons.org/licenses/by-sa/4.0
Legal Fragmentation in Regional Environmental Governance: Evaluating Decentralized Mining Policies in Indonesia
Legal fragmentation has become a significant challenge in decentralized environmental governance, particularly within extractive sectors in developing countries. This study examines how decentralized mining policies in Indonesia generate regulatory fragmentation and influence environmental governance performance across multiple administrative levels. A qualitative comparative case study approach is employed to analyze mining governance dynamics in selected regions with varying institutional capacities. Data were collected through semi-structured interviews with key stakeholders, including government officials, environmental regulators, civil society organizations, and local communities, complemented by systematic analysis of policy documents and regulatory frameworks. The data were analyzed using thematic comparative analysis to identify patterns of regulatory overlap, authority conflict, and policy inconsistency. The findings indicate that decentralization in the mining sector produces structural fragmentation characterized by overlapping regulations, weak intergovernmental coordination, and inconsistent policy implementation. These conditions are reinforced by divergent institutional priorities, where regional governments prioritize economic development while central authorities emphasize regulatory control and environmental protection. Such misalignment contributes to governance inefficiency and increases environmental risk. This study contributes to Multi-Level Governance and Institutional Fragmentation Theory by demonstrating that legal fragmentation is not merely an administrative issue but a structural governance condition shaped by institutional design and political-economic incentives. A regulatory fragmentation framework is proposed to explain how multi-level governance misalignment affects environmental outcomes in extractive industries. The study concludes that improving environmental governance in decentralized mining systems requires integrated regulatory coordination and strengthened multi-level governance mechanisms rather than relying solely on centralization reforms.
Copyright (c) 2026 Maulana Fahmi Idris https://creativecommons.org/licenses/by-sa/4.0
Public Participation and Regulatory Legitimacy in Indonesia’s Strategic National Projects: Between Developmentalism and Constitutional Rights
This study examines the relationship between public participation and regulatory legitimacy in the implementation of Strategic National Projects (PSN) in Indonesia amid tensions between developmentalism and constitutional rights protection. The acceleration of infrastructure development through PSN has strengthened centralized governance while simultaneously generating agrarian conflicts, social resistance, and criticism regarding the quality of public participation in development governance. This research employs an empirical socio-legal approach using qualitative methods. Data were collected through in-depth interviews, observations, regulatory analysis, and documentation related to PSN implementation. The findings reveal that PSN governance is dominated by executive-driven governance in which public participation tends to operate procedurally rather than substantively. Limited transparency and weak recognition of communal rights reinforce asymmetrical governance relations between the state, investors, and local communities. These conditions contribute to increasing agrarian conflicts, declining public trust, and weakening social legitimacy within strategic development governance. This study concludes that formal legal legitimacy does not automatically produce social legitimacy when development processes remain centralized, exclusionary, and lacking meaningful public deliberation. The study contributes to socio-legal governance scholarship by demonstrating how developmentalist governance and procedural participation shape legitimacy crises within strategic national development. The research highlights the importance of inclusive, transparent, and participatory governance in strengthening constitutional democracy and sustainable development legitimacy in Indonesia
Copyright (c) 2026 Rengga Kusuma Putra, Joni Laksito, Adi Suryo Ramadhan https://creativecommons.org/licenses/by-sa/4.0
Balancing National Security and Civil Liberties Human Rights Implications of Digital Surveillance Policies in Southeast Asia
The rapid expansion of digital surveillance technologies has intensified debates regarding the balance between national security and civil liberties. In Southeast Asia, governments increasingly employ digital surveillance to address cybersecurity threats, terrorism, online extremism, and transnational crime. However, the expansion of surveillance powers raises concerns regarding privacy rights, freedom of expression, and broader human rights protections. Despite growing scholarly attention, limited studies have comparatively examined how ASEAN member states reconcile security imperatives with human rights obligations within a regional framework characterized by both human rights commitments and strong sovereignty principles. This study investigates the human rights implications of digital surveillance policies in Southeast Asia through a comparative regional legal analysis of six ASEAN member states: Indonesia, Singapore, Malaysia, Thailand, Vietnam, and the Philippines. Using a qualitative doctrinal-comparative approach, the study analyzes constitutions, cybersecurity laws, data protection regulations, surveillance-related legislation, and relevant policy documents. The analysis is guided by Securitization Theory and Human Rights Governance. The findings indicate that all examined states have institutionalized digital surveillance as a component of national security governance, although significant differences exist in legal safeguards, oversight mechanisms, transparency, and rights protections. The study demonstrates that variations in surveillance governance are shaped by the interaction between the degree of threat securitization and the strength of domestic human rights institutions. Based on these findings, the study develops the ASEAN Surveillance Governance Typology, consisting of Security-Dominant, Security-Oriented Hybrid, Hybrid, and Rights-Constrained models.
Copyright (c) 2026 Methodius Kossay, Maulana Fahmi Idris https://creativecommons.org/licenses/by-sa/4.0
Analysis of Judges’ Considerations in Rendering Decisions on Digital-Based Fraud Criminal Cases in Indonesia
The rapid development of information and communication technology has significantly transformed patterns of criminal activity, particularly in the emergence of digital-based fraud cases, which present new challenges for the criminal justice system, especially for judges in assessing evidence and formulating legal considerations. This study aims to analyze the factors underlying judges’ considerations in rendering decisions on digital-based fraud cases in Indonesia, as well as to examine how digital evidence is evaluated within the judicial process. This research employs a qualitative approach with a normative juridical method combined with a case study approach, using data collected from the analysis of 8–12 court decisions related to digital fraud cases from 2019 to 2024, supported by in-depth interviews with judges and prosecutors. The data were analyzed using a descriptive qualitative method to identify patterns in judicial reasoning and decision-making processes. The findings reveal that judges’ considerations are not solely based on legal norms but are also influenced by their ability to understand and assess the authenticity and reliability of digital evidence, with variations in judicial reasoning arising due to technical limitations and differing levels of digital literacy among legal actors. These results highlight the complexity of adjudicating digital-based fraud cases compared to conventional cases. This study contributes to the development of criminal law and cyber law by emphasizing the need for adaptive legal reasoning in response to technological advancements and provides practical implications for improving judicial capacity in handling digital evidence.
Copyright (c) 2026 Dian Kharisma, Rudjiono Rudjiono, Agus Priyadi https://creativecommons.org/licenses/by-sa/4.0
Juridical Review of the Settlement of Breach of Contract Cases in Online Sale and Purchase Agreements Based on Civil Law in Indonesia
The rapid development of information technology has significantly increased online buying and selling transactions in Indonesia, which has also led to various legal issues, particularly breaches of contract between sellers and buyers. The digital nature of these transactions, involving electronic systems and third parties such as marketplace platforms, creates additional complexity in dispute resolution. This study aims to analyze the legal regulation of breach of contract in online sale and purchase agreements based on Indonesian civil law, examine the mechanisms used to resolve such disputes, and assess their effectiveness in practice. This research employs a normative legal method using statutory, conceptual, and case approaches, with data derived from primary, secondary, and tertiary legal materials, supported by the analysis of 10 to 15 court decisions selected through purposive sampling, as well as literature study and in-depth interviews. The findings indicate that the resolution of breach of contract cases in online transactions still relies on general civil law principles, with certain adaptations to digital aspects such as electronic evidence and the involvement of marketplace platforms. However, in practice, there are variations in judicial considerations, particularly regarding evidentiary strength and the legal construction of the parties’ relationship, which suggests challenges in achieving consistency and legal certainty. This study contributes to the development of civil law in the digital era by providing a more contextual understanding of dispute resolution in online transactions and is expected to serve as a reference for legal practitioners, academics, and policymakers in formulating more adaptive and responsive legal frameworks.
Copyright (c) 2026 Athiyah Salwa, Poppy Fitrijanti Soeparan https://creativecommons.org/licenses/by-sa/4.0
Urgensi Ratifikasi Statuta Roma dan Implikasinya terhadap Efektivitas International Criminal Court dalam Penegakan Hukum HAM Internasional
The increasing occurrence of genocide, war crimes, crimes against humanity, and other serious human rights violations demonstrates the continuing need for an effective international legal mechanism capable of ensuring accountability beyond national jurisdictions. The International Criminal Court, established under the Rome Statute of the International Criminal Court, represents a permanent institution designed to prosecute individuals responsible for the most serious international crimes. However, the effectiveness of the Court remains highly dependent on state participation through ratification of the Rome Statute. This study aims to analyze the urgency of Rome Statute ratification and its implications for the ICC's effectiveness in enforcing international human rights law. The research employed a normative legal method using statute, conceptual, and comparative approaches. Data were collected through a literature review of international treaties, national regulations, scholarly publications, and institutional reports relevant to the subject. The findings indicate that wider ratification significantly strengthens the legitimacy, jurisdictional reach, and operational capacity of the ICC, particularly in areas such as investigation, arrest cooperation, evidence gathering, and enforcement of judicial decisions. For Indonesia, ratification may encourage harmonization of domestic law with international standards, improve accountability mechanisms for gross human rights violations, and enhance the country’s credibility in global legal diplomacy. This study contributes to the discourse on the relationship between state sovereignty and international accountability by demonstrating that ratification should be understood not as a loss of sovereignty, but as a commitment to responsible governance and justice. In conclusion, ratification of the Rome Statute constitutes a strategic legal step toward strengthening global human rights enforcement and promoting sustainable legal reform.
Copyright (c) 2026 Sagara Alam https://creativecommons.org/licenses/by-sa/4.0
Krisis Akuntabilitas Hukum dalam Tata Kelola Algoritma dan Dampaknya terhadap Keadilan Regulasi di Era Ekonomi Digital
The rapid expansion of the digital economy has intensified the use of algorithmic systems in decision-making across sectors such as finance, e-commerce, and social media, raising concerns about legal accountability, transparency, and regulatory fairness. This study aims to examine the crisis of legal accountability in algorithmic governance and its implications for regulatory justice by integrating normative legal analysis, empirical observations, and quantitative simulation. A mixed-method approach is applied through literature review, legal analysis, and probabilistic simulation to assess transparency, audit mechanisms, and bias distribution. The findings indicate that transparency levels remain relatively low, with e-commerce at 48%, ride-hailing at 44%, and social media at 38%, while fintech performs moderately at 62%. Bias analysis reveals disparities in algorithmic accuracy, where majority groups reach 91% compared to 79% in minority rural groups, along with higher false positive (15%) and false negative (12%) rates. In addition, the gap between technological development and regulatory response has increased from 10 points in 2015 to 27 points in 2023, reflecting reactive regulatory frameworks. These results illustrate the presence of systemic bias and declining accountability in algorithmic systems. This study contributes by offering an integrative framework that connects technical algorithmic processes with legal accountability and regulatory justice, highlighting that transparency without strong audit mechanisms and adaptive regulation remains insufficient to ensure fairness and accountability in digital governance.
Copyright (c) 2026 Rangga Prasetyo Nugroho, Daffa Alif Ramadhan https://creativecommons.org/licenses/by-sa/4.0
Krisis Legitimasi Regulasi dalam Perlindungan Hak Digital pada Era Ekonomi Data dan Pengawasan Teknologi
The rapid expansion of the digital economy and surveillance technologies has raised critical concerns regarding the legitimacy of regulatory frameworks in protecting digital rights. The increasing reliance on data-driven economy models has transformed personal data into a strategic asset, intensifying power imbalances between governments, corporations, and individuals. This study aims to analyze the legitimacy crisis in digital rights regulation by identifying key influencing factors and evaluating governance models to address these challenges. The research employs a normative juridical approach, utilizing secondary data from legal documents, policy reports, and prior scholarly studies, and analyzing them through a qualitative-descriptive framework. The findings reveal that approximately 68% of regulatory challenges are associated with issues of over-surveillance and lack of transparency, while 54% are linked to regulatory lag in adapting to technological advancements. Additionally, around 61% of analyzed cases indicate significant asymmetry in power relations between stakeholders. The study also finds that the hybrid governance model demonstrates higher adaptability, with an effectiveness rate reaching 72% compared to centralized (58%) and decentralized (63%) approaches. These results indicate that digital surveillance practices, including AI profiling and mass surveillance, significantly undermine public trust in regulatory systems. This study contributes by proposing an integrated framework of regulatory legitimacy that emphasizes legality, accountability, transparency, and effectiveness, while highlighting the importance of adaptive and participatory regulatory approaches to ensure balanced protection of digital rights in the evolving digital ecosystem
Copyright (c) 2026 Fajar Aditya Pranowo, Galih Putra Wiratama https://creativecommons.org/licenses/by-sa/4.0
Dominasi Platform Digital dan Tantangan Penegakan Hukum terhadap Praktik Anti Kompetisi dalam Ekonomi Berbasis Data
The rapid growth of the data-driven economy has intensified the dominance of digital platforms, creating challenges for market competition and legal enforcement. Large technology companies increasingly control market access and user data, leading to structural imbalances and potential anti-competitive behavior. This study aims to develop a comprehensive measurement of platform dominance through the Platform Dominance Legal Index (PDLI), integrating market share and data control to better capture digital market power. The research adopts a normative juridical approach combined with quantitative analysis using secondary data from academic literature, industry reports, and regulatory documents. Market concentration is measured by the Herfindahl–Hirschman Index (HHI), while PDLI assesses dominance using economic and data-related indicators. The results show a highly concentrated market, with an HHI value of 2530, indicating strong oligopolistic conditions. Google recorded the highest PDLI score of 35.88, followed by Amazon at 18.48 and Meta at 15.30, indicating clear differences in dominance levels. The findings also indicate that platforms with strong data control maintain significant dominance even with a lower market share. Practices such as self-preferencing, predatory pricing, and lock-in effects are associated with higher levels of dominance. The study provides a structured framework for assessing digital platform dominance and supports regulators in developing more adaptive competition policies.
Copyright (c) 2026 Ardiansyah Putra Mahendra, Naufal Rizky Ramadhan https://creativecommons.org/licenses/by-sa/4.0
Analysis of the Effectiveness of Electronic Case Handling in Enhancing Legal Certainty and Accountability of Judicial Institutions in Indonesia
This study examines the effectiveness of the implementation of electronic courts (e-Courts) in enhancing legal certainty and institutional accountability in Indonesia. Using a mixed methods sequential explanatory design, the research combines quantitative data from 100 respondents, including judges, lawyers, and court staff, with qualitative insights from in-depth interviews with 10 key informants. Quantitative analysis was conducted using Structural Equation Modeling (PLS-SEM) to assess the relationships among e-Court implementation, organizational readiness, legal certainty, and accountability, while thematic analysis was used to interpret qualitative findings. The results show that e-Court significantly improves legal certainty and strengthens institutional accountability. Organizational readiness is identified as a key mediating factor influencing system effectiveness. However, challenges such as technical constraints and varying levels of user adaptation remain evident. This study contributes to the literature by providing empirical evidence on the impact of digitalization in judicial systems and highlights the importance of integrating technological and organizational factors. The findings offer practical implications for policymakers and judicial institutions in optimizing e-Court implementation in Indonesia
Copyright (c) 2026 Althea Serafim Kriswabdaru, Berliant Pratiwi https://creativecommons.org/licenses/by-sa/4.0
Hak Anak di Atas Kertas: Kegagalan Negara dalam Pemenuhan Pendidikan Dasar di Wilayah 3T: Analisis Sosiologi Hukum (Studi Kasus di Sumba)
This research is motivated by the ongoing disparity in the distribution of education in underdeveloped, frontier, and outermost regions (3T), particularly in the Sumba region, despite national regulations and commitments to education funding being established. The main issue lies in the gap between legal norms that guarantee equal access to education and the reality of its implementation at the regional level. This research aims to analyze the effectiveness of educational equity policies from the perspective of legal sociology and to identify the structural factors that influence their implementation. The research method used is a qualitative approach with a case study design. Data were obtained through interviews with 30 informants consisting of education officials, school principals, teachers, and parents, as well as supported by document analysis and secondary data. The research results indicate that the education equity policy has not been fully effective, marked by an imbalance in the teacher-student ratio, limited infrastructure, and resource distribution constraints. These findings indicate a gap between regulatory design and implementation practices, influenced by institutional capacity, intergovernmental coordination, and the geographical conditions of the region. Theoretically, this research reinforces the perspective that the effectiveness of law is determined by the interaction between norms, structures, and social conditions. Practically, this research recommends need-based affirmative policies to achieve substantive educational equity in the 3T areas.
Copyright (c) 2026 Bruno Bani, Novinda Grezen Nufninu https://creativecommons.org/licenses/by-sa/4.0
The Politics of Legal Reform of the Judicial System in Ensuring Access to Justice for Society
This study examines the politics of legal reform in the judicial system and the role of that reform in ensuring access to justice. Judicial reform has largely emphasized institutional efficiency and regulatory modernization, often overlooking the political-legal dynamics that shape access to justice. This research aims to analyze how legal reform policies are formulated through political legal choices and their implications for equitable access to justice. Using a normative legal research method with a qualitative analytical-descriptive approach, this study draws on statutory, conceptual, and policy analyses supported by primary, secondary, and tertiary legal materials. The findings indicate that judicial reform reflects underlying political and legal orientations that influence policy priorities and outcomes. Although reforms have strengthened institutional and regulatory frameworks, their impact on substantive access to justice remains uneven due to a predominant normative focus and limited responsiveness to social realities. This study highlights the importance of integrating access to justice into judicial reform agendas and emphasizes the need for stronger political and legal commitment to inclusive, justice-oriented legal development.
Copyright (c) 2025 Martareda Eda, Sisilia Eda https://creativecommons.org/licenses/by-sa/4.0
Politik Hukum KUHP dan KUHAP Baru di Indonesia: Analisis Supremasi Hukum, Kebebasan Sipil, dan Ketegangan Kekuasaan dalam Demokrasi Kontemporer
This study analyzes legal politics in the reform of the Indonesian Penal Code (KUHP) and Criminal Procedure Code (KUHAP), focusing on its implications for the rule of law, civil liberties, and power relations in contemporary democracy. The study is grounded in public and academic debates concerning tensions between strengthening state authority and protecting citizens’ rights within a democratic rule-of-law framework. Using a qualitative empirical legal approach, data were collected through in-depth interviews and focus group discussions (FGDs) with 20 informants, including legal academics, practitioners, law enforcement officers, and civil society representatives. The data were analyzed thematically to identify dominant perceptions and issues surrounding the reforms. The findings reveal that civil liberties emerged as the most dominant concern, followed by the rule of law and power relations in the criminal justice system. Although the reforms are perceived as efforts to strengthen and unify the national legal system, several provisions are considered potentially problematic due to legal uncertainty and imbalances in authority. This study contributes to the discourse on criminal law politics and offers recommendations for ensuring that future legal reforms remain consistent with democratic principles, human rights protection, and effective checks and balances.
Copyright (c) 2025 Chens Melody https://creativecommons.org/licenses/by-sa/4.0
Hubungan Antara Kepatuhan Hukum dan Kepercayaan Masyarakat terhadap Institusi Negara
This study examines the relationship between legal compliance and public trust in state institutions, addressing the limitations of linear approaches that treat trust solely as a determinant of compliance. Using a quantitative explanatory design, data were collected via a structured survey of adult respondents who had experience interacting with state institutions. Statistical analyses, including descriptive statistics, reliability testing, correlation analysis, and linear regression, were employed to evaluate the empirical relationship between the two constructs. The findings reveal a positive, statistically significant association between legal compliance and institutional trust, indicating that higher levels of legal compliance are associated with stronger public trust in state institutions. Beyond confirming existing theoretical assumptions, the results suggest that legal compliance may function not only as an outcome of institutional trust but also as a social mechanism that actively contributes to the formation and reinforcement of trust. This reciprocal relationship highlights the role of consistent and perceived fair compliance practices in strengthening institutional legitimacy. The study offers a relational perspective on legal compliance, enriching socio-legal scholarship and providing practical insights for policymakers seeking to enhance public trust through sustainable and non-coercive governance strategies.
Copyright (c) 2026 Nabilah Azmi https://creativecommons.org/licenses/by-sa/4.0
Legal Barriers Affecting Decentralized Public Service Delivery in Rapidly Transforming Political Environments
Public service delivery through decentralization is meant to improve administrative effectiveness, but its implementation still faces legal ambiguity amid a constantly evolving political landscape. This research study proposes to examine the impact of legal impediments on the efficiency of implementing the legal framework for public service delivery through decentralization. The research will make use of the normative-empirical legal methodological framework. This uses the doctrinal research method, drawing on data collected from 30 local officials who provide the service under the legal framework of decentralization. The findings indicate that legal barriers take three forms: normative barriers arising from unclear implementing rules, structural barriers stemming from overlapping central and local authority, and implementation barriers arising from risk-averse bureaucracy. These challenges are exacerbated by political dynamics, which increase the likelihood of legal uncertainty and, in turn, of ineffective service delivery. The project will therefore make a theoretical contribution to the literature on the role of legal barriers to decentralization, the political dynamics that mediate them, and the outcomes of decentralized governance. More specifically, it will underscore the importance of harmonizing regulations and strengthening legal frameworks to enhance legal certainty in decentralized public administration. Finally, it is concluded that legal barriers are crucial to ensuring the effectiveness and accountability of decentralization in public service delivery.
Copyright (c) 2025 Dian Karisma https://creativecommons.org/licenses/by-sa/4.0
Assessing Legal Consistency in Decentralized Policy Implementation Across Newly Established Regions
The concept of decentralization has gained popularity as a means to enhance regional self-governance, but the most recent regions established must cope with the challenge of legal consistency in policy application. The objective of the current research is to evaluate the legal consistency of decentralized policy implementations in newly created regions by examining the relationship between the national government's legal norms and local policy practices in these areas. The research employs a qualitative socio-legal method, using a comparative case study approach involving some newly autonomous regions. The data for the research were gathered through analysis of legal documents, policy records, and in-depth interviews with key regional policy actors; the researchers also used thematic and comparative analyses to work through the data. The results of the research show that legal consistency remains irregular, with inconsistencies occurring mainly during implementation rather than in the drafting stage. Differences in institutional capacity and varying understandings of legal responsibilities are the main factors driving these inconsistencies. The study makes a significant contribution to the understanding of decentralization by placing the spotlight on legal consistency as a crucial bridge between the normative frameworks and policy practice. It recommends that the effective functioning of decentralization depends not only on coherent legal arrangements but also on strong institutional mechanisms to ensure consistent implementation at the regional level.
Copyright (c) 2025 Sri Yulianingsih https://creativecommons.org/licenses/by-sa/4.0
Hambatan Sosial dalam Pemanfaatan Mekanisme Hukum Formal oleh Masyarakat
This study examines social barriers to the use of formal legal mechanisms in Indonesia using a sequential explanatory mixed-methods design that integrates a large-scale survey with in-depth interviews. The quantitative phase involved 400 respondents who had experienced legal problems within the last five years and was analyzed using logistic regression to identify key social determinants of formal legal use. The results indicate that trust in law enforcement institutions and perceptions of procedural justice significantly increase the likelihood of using formal legal channels, while prior negative experiences and fear of social stigma significantly reduce it. These findings were further elaborated through qualitative interviews, which revealed how institutional distrust, traumatic encounters with legal authorities, community pressure, and concerns over social reputation shape individuals’ legal choices. The study demonstrates that limited engagement with formal legal mechanisms cannot be fully explained by structural constraints alone, but must be understood as a socially constructed phenomenon rooted in everyday experiences and collective perceptions of law. By highlighting the central role of social and psychological factors, this research contributes to socio-legal scholarship on access to justice and suggests that judicial reform should prioritize not only procedural efficiency but also the restoration of public trust and the improvement of state–society relations in legal settings.
Copyright (c) 2025 Putri Sutami, Dian Austin https://creativecommons.org/licenses/by-sa/4.0
Kelalaian Negara dalam Perlindungan Hulu DAS Aceh: Analisis Sosio-Legal atas Banjir Bandang dan Kerusakan Hutan
The recurring flash floods in Aceh Province over the past decade demonstrate a strong link to deforestation in the upper reaches of the river basin. This condition reflects not only ecological issues, but also problems of governance, law, and state responsibility in environmental protection. This research aims to analyze the state's role and responsibilities in protecting the upstream watershed in Aceh and its connection to flash floods and forest damage. The research uses a qualitative approach within a socio-legal framework, employing a case study in Aceh. Data were obtained from in-depth interviews with key informants, limited field observations at the watershed's upper and lower reaches, spatial analysis of forest cover data, and a review of laws, policies, and official disaster reports. The research results indicate a reduction in forest cover in the upstream area of the watershed, which spatially overlaps with the downstream area experiencing recurrent flash floods. Empirical findings also show that although the legal framework for upstream watershed protection is available at the national and regional levels, management and supervision still vary in authority and are low-intensity in upstream areas. This research contributes to the development of socio-legal studies of environmental law by demonstrating that flash floods result from the interaction between ecological degradation and weak legal governance. In practice, this research confirms the importance of strengthening the state's role, institutional coordination, and upstream watershed monitoring as part of a sustainable disaster mitigation strategy.
Copyright (c) 2025 William Andrew https://creativecommons.org/licenses/by-sa/4.0
The Implementation of the Electronic Information and Transactions Law in Handling Digital Disputes in Indonesia
The rapid development of digital technology has driven an increase in public activities and interactions in cyberspace, which in turn has given rise to various forms of digital disputes with increasingly complex characteristics. The Electronic Information and Transactions Law (UU ITE) serves as the primary legal instrument for regulating and resolving digital legal issues in Indonesia; however, its implementation continues to face various challenges. This study aims to analyze the implementation of UU ITE in handling digital disputes by linking normative legal provisions to empirical realities in society. The study employs a mixed-methods approach with an explanatory sequential design, integrating normative juridical analysis of UU ITE provisions with empirical data collected through quantitative and qualitative methods. Quantitative data were obtained through structured questionnaires administered to 180 respondents, while qualitative data were collected through in-depth interviews with three key informants in 2025. The findings indicate that, normatively, UU ITE has provided an adequate legal foundation for handling digital disputes; however, in practice, gaps persist between legal norms and implementation, particularly in multiple interpretations of provisions, electronic evidence, and coordination among law enforcement institutions. These findings emphasize that the effectiveness of UU ITE implementation is determined not only by the substance of the regulation but also by implementative capacity and adaptation to the dynamics of digital technology. This study contributes theoretically to the development of cyber law scholarship. It offers practical contributions to policymakers and law enforcement authorities to strengthen Indonesia's digital dispute resolution system, making it more adaptive, effective, and just.
Electronic Information and Transactions Law (UU ITE)
Copyright (c) 2025 Beni Tuce, Rita Adoe https://creativecommons.org/licenses/by-sa/4.0
The Effectiveness of Court Administrative Systems in Promoting Transparency and Accountability in Judicial Institutions
This study is motivated by the growing demand for judicial bureaucratic reform that increasingly emphasizes transparency and accountability as the core pillars of modern judicial governance, in which administrative systems play a strategic role in supporting both principles. The objective of this research is to analyze the extent to which the effectiveness of court administrative systems contributes to enhancing transparency and accountability in judicial administrative practices, from the perspectives of both service users and court officials. This study employs a mixed-methods approach, combining quantitative data collected through questionnaires and qualitative data from semi-structured interviews, thereby enabling a more comprehensive understanding of the phenomenon under investigation. The findings indicate that effective administrative systems, characterized by clear procedures, timely service delivery, and well-organized documentation management, are positively associated with levels of transparency and accountability within judicial institutions, although challenges remain regarding implementation consistency and human resource readiness. Overall, this research provides a theoretical contribution by reinforcing the good governance framework in the context of judicial administration and offers practical insights for policymakers in formulating strategies to strengthen administrative systems. It concludes that improving administrative quality is a fundamental step in building public trust in transparent and accountable judicial institutions.
Copyright (c) 2025 Alvaro Reinn, Chealsea Reinn https://creativecommons.org/licenses/by-sa/4.0
Internalisasi Norma Hukum Sebagai Model Institusional Perilaku Sosial Masyarakat
This study investigates the institutional mechanisms through which legal norms are internalized and transformed into social behavior in Indonesian society. Using a qualitative exploratory–descriptive approach, data were collected through in-depth interviews, observation, and document analysis across three sociocultural settings. The findings reveal that internalization is not merely the result of formal enforcement or legal sanctions, but emerges through a layered social process involving translation of legal values by institutional actors such as community leaders, educators, and local organizations. Legal norms become effective when they are repeatedly enacted in everyday practices and perceived as socially relevant, ultimately forming behavioral orientations that operate without coercion. The study contributes a conceptual institutional model that integrates normative, institutional, and sociological dimensions and offers practical implications for policymakers to design ecosystem-based internalization strategies. Limitations include a limited number of research sites and the absence of standardized quantitative measures, suggesting the need for future mixed-methods studies to broaden applicability.
Copyright (c) 2025 Niki Arthur https://creativecommons.org/licenses/by-sa/4.0
Budaya Hukum Dan Dinamika Kepatuhan Masyarakat Melalui Pendekatan Sosio-Legal Mikro Dan Makro
This study examines legal culture and the dynamics of public compliance through an integrated socio-legal approach that bridges micro-level individual experiences and macro-level institutional structures. Departing from fragmented analyses that treat compliance either as an individual attitude or an institutional outcome, this research employs a qualitative, multilevel design combining in-depth interviews, limited observation, and document analysis to capture the relational processes through which legal compliance is produced and negotiated. The findings demonstrate that compliance is not primarily driven by coercive enforcement or formal regulation, but by perceptions of procedural justice, institutional consistency, and the quality of everyday interactions between citizens and legal authorities. Legal culture emerges as a dynamic, relational process in which individual experiences shape institutional legitimacy, while institutional practices simultaneously condition public trust and behavioral responses to the law. By conceptualizing legal culture as a multilevel socio-legal process, this study contributes to the literature by advancing an integrative analytical framework that moves beyond the micro–macro divide and offers theoretical and practical insights for designing legitimacy-oriented legal governance and sustainable compliance strategies.
Copyright (c) 2025 Nuraini Astrid https://creativecommons.org/licenses/by-sa/4.0
Analisis Jaringan (Social Network Analysis) terhadap Struktur Operasi Kejahatan Siber Terorganisir di ASEAN
This study investigates the structural dynamics of organized Cybercrime networks operating across ASEAN by employing Social Network Analysis (SNA) to uncover relational patterns, key actors, and functional subgroups within digital criminal ecosystems. Drawing on validated secondary data and network modeling, the analysis demonstrates that Cybercriminal operations in the region exhibit scale-free characteristics, with a small number of highly influential nodes serving as central coordinators and connectors across multiple communities. These structural properties reveal that Cybercrime in ASEAN is sustained not only by technical capabilities but also by interconnected social relationships that enable resource sharing, role specialization, and cross-border collaboration. The findings provide empirical insight into the architecture of Cybercriminal networks, offering theoretical contributions to digital criminology and practical implications for regional law enforcement, particularly for designing targeted interventions to disrupt high-impact nodes. The study also highlights several limitations related to data availability and recommends deeper integration between SNA, digital forensics, and intergovernmental data-sharing mechanisms in future research.
Copyright (c) 2025 Astrid Laila https://creativecommons.org/licenses/by-sa/4.0
Dampak Algoritma Moderasi Media Sosial terhadap Kebebasan Berekspresi melalui Analisis Sosiologi Hukum Kualitatif
The growing reliance on algorithmic systems in digital platforms has transformed the nature of legal governance and content moderation worldwide. While automation has improved efficiency, it has also created structural problems with transparency, fairness, and accountability. This study aims to examine how algorithmic governance influences procedural justice and public trust within digital environments. Using a qualitative-empirical legal method, the research analyzes 86 regulatory documents, 120 policy reports, and 300 moderated content cases from 2018 to 2024, and is complemented by interviews with 10 digital law experts. The findings reveal that algorithmic moderation increased by 45 percent during the observed period, yet 28 percent of deleted content was identified as non-violative, indicating a significant over-moderation bias. The correlation between transparency and user trust reached 0.85, showing that procedural clarity and appeal mechanisms strongly influence public perception of fairness. Furthermore, the study demonstrates that platforms with higher algorithmic accountability indices display 30 percent better compliance with ethical moderation standards. These results highlight that regulatory fragmentation and the absence of binding oversight mechanisms contribute to inconsistent digital justice outcomes. The study contributes to the theoretical discourse by identifying algorithmic systems as de facto legal actors in the digital domain. The novelty of this research lies in establishing algorithmic accountability as a measurable dimension of digital justice, integrating legal, technical, and sociological perspectives to propose a holistic framework for global algorithmic governance.
Copyright (c) 2025 Siti Nurhayati, Budi Hartono https://creativecommons.org/licenses/by-sa/4.0
Peran Organisasi Internasional dalam Penegakan Hukum Lingkungan Global melalui Analisis Kebijakan Kualitatif
The increasing fragmentation of global environmental governance has undermined the effectiveness of international environmental law enforcement. Despite the proliferation of multilateral environmental agreements, compliance among member states has declined, raising concerns about institutional coordination and accountability. This study aims to analyze the effectiveness of international environmental law by assessing institutional synergy among major global organizations, including UNEP, GEF, and the WTO. Using a mixed normative-empirical legal method, the research evaluates 96 policy documents and institutional reports and conducts interviews with 14 international law experts from 2015 to 2023. The findings reveal a significant correlation of 0.82 between state participation and compliance, demonstrating that collective engagement improves enforcement consistency. However, the overall compliance rate has dropped to 63 percent in the last five years, indicating persistent institutional fragmentation. The correlation between financial assistance and compliance (r = 0.57) suggests that funding alone is insufficient without transparent governance structures. Comparative results also show that organizations with higher levels of policy harmonization exhibit 25 percent greater implementation effectiveness than those operating under fragmented systems. The study concludes that legal coherence, institutional capacity, and collaborative governance are critical determinants of the effectiveness of environmental law. The novelty of this research lies in introducing the concept of institutional synergy as a measurable indicator for assessing the integration and efficiency of international environmental regimes, offering new insights into the intersection of law, policy, and global sustainability governance
Copyright (c) 2025 Mia Santoso https://creativecommons.org/licenses/by-sa/4.0