Proceedings International Conference on Criminal Law Indonesia
The Proceedings International Conference on Criminal Law Indonesia (PICCLI) is an international academic proceeding series derived from The 1st International Conference on Criminal Law Indonesia (ICCLI) organized by the Faculty of Law, Universitas Lampung. The conference carries the theme “Customary Law and Criminal Law Reform in Indonesia” and serves as a platform for scholars, researchers, legal practitioners, and policymakers to discuss contemporary issues and reforms in criminal law, particularly the integration of customary law within modern legal systems. The conference was held on 28–29 October 2025 at the Auditorium Prof. Abdul Kadir Muhammad, Faculty of Law, Universitas Lampung, and conducted in a hybrid format (onsite and online via Zoom Meeting). The event was hosted by the Faculty of Law, Universitas Lampung, with co-host institutions from Indonesia and abroad, and supported by Goodwood Publishing for proceedings publication and academic indexing platforms. PICCLI aims to promote international scholarly collaboration, enhance legal research dissemination, and contribute to the development of criminal law reform in Indonesia and globally.
FACTORS CAUSING PRISONERS TO COMMIT DISCIPLINARY VIOLATIONS IN CORRECTIONAL INSTITUTIONS
This study aims to identify and analyze the factors that cause inmates to commit disciplinary violations in correctional institutions and relate them to the objectives of guidance in Law Number 22 of 2022 concerning Corrections. This research was conducted at the Class II A Narcotics Correctional Institution in Bandar Lampung using an empirical juridical method, which involves examining the provisions of the law as applied in the field, supplemented by data obtained from interviews with officers. The results of the study show that disciplinary violations by prisoners are influenced by factors such as limited facilities and infrastructure, overcapacity, and a staff-to-prisoner ratio that is not proportional, as well as internal factors such as prisoners' lack of legal awareness, stress levels, emotional control, and economic factors. The limitations of this study include covering only one correctional institution from the perspective of staff. This research contributes to the development of correctional policies and guidance for prisoners. These findings are expected to be useful for academics and researchers as well as correctional institutions as the final institution in the criminal justice system in strengthening the supervision system and security of order in the correctional system. The novelty of this research combines a legal analysis based on laws and regulations related to disciplinary violations with empirical data obtained from interviews to identify the factors that cause prisoners to commit disciplinary violations.
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ANALYSIS OF CRIMINAL SANCTIONS IMPOSED ON PERPETRATORS OF MURDER
Purpose: This research endeavors to pinpoint and scrutinize how the components of unlawful killing, as defined by Article 338 of the Penal Code, were put into practice in Ruling Number 19/Pid. B/2024/PN. Gdt, along with pinpointing and scrutinizing the rationale employed by the Judicial Panel when determining the penalty for the individual who carried out the act of homicide in Ruling Number 19/Pid. B/2024/PN. Gdt. The research methodology implemented is normative juridical research, utilizing a case study approach focused on verdicts handed down by the court. Information was gathered from sanctioned documentation pertaining to the Gedong Tataan Class II A District Court’s ruling, in conjunction with pertinent legislative frameworks and the Criminal Procedure Code. Qualitative methods were employed for data processing and analytical procedures. The research findings indicate that implementing the principles of the offense of homicide, as stipulated in Article 338 of the Penal Code within Ruling Number 19/Pid. B/2024/PN. Gdt, has successfully addressed each of the elements detailed in Article 338 of the Penal Code, where the Judicial Panel has meticulously delineated and clarified each of the three principles found in Article 338 of the Penal Code. The Judicial Panel’s line of reasoning for establishing the sentencing of the person responsible for the crime of homicide in the present situation was predicated upon detrimental factors, extenuating circumstances, the accusatory document, and the factual legalities that materialized throughout the judicial proceedings, thereby empowering the Judicial Panel to collectively resolve to condemn the accused to a custodial term of 13 (thirteen) years.
LAW ENFORCEMENT AGAINST ILLEGAL LEVIES AT THE ISLAMIC CENTRE OF TULANG BAWANG BARAT
This study discusses law enforcement against illegal levies in the Tubaba Islamic Center tourist area. Illegal levies remain one of the most common forms of law violations in various sectors, one of which is tourism. Illegal levies at the Islamic Center are carried out by security guards who demand money from traders under the pretext of “security fees.” This act of illegal levies is contrary to applicable laws and is regulated as a criminal act of corruption and extortion. The case of illegal levies in the Tubaba Islamic Center tourist area, which was reported through the Saber Pungli website, has several obstacles, such as the lack of digital evidence to support the report on the Saber Pungli website, the lack of coordination between law enforcement agencies, and low legal awareness among the community. Cultural factors also pose an obstacle to combating illegal levies because the community tends to accept the practice of levies as a common custom in the public service system. Theoretically, this research can contribute to expanding or enriching criminal law literature on law enforcement against crimes of office in the public sector, especially in tourist areas. In practical terms, this research is also expected to provide input for the government and law enforcement agencies in developing a more transparent and integrity-based monitoring system in the delivery of public services.
ANALYSIS OF JUDGE'S CONSIDERATIONS IN THE RAPE CASE OF AGUS BUNTUNG AS A PERSON WITH DISABILITIES
This study aims to analyze the judge's considerations in deciding the case of a criminal act of rape committed by a person with disabilities named I Wayan Agus Suartama (Agus Buntung), as well as to assess whether the decision is in accordance with the applicable regulations as stipulated in Indonesian law, particularly criminal law. This study uses a normative-juridical research method with a case study approach involving court decisions involving Agus Buntung as a perpetrator of rape as a person with disabilities. Data was obtained through official documents issued by the Pengadilan Negeri Mataram with decision number 23/Pid. Sus/2025/PN.Mtr and through Law number 1 of 2023. The results of the study show that the defendant was found guilty of rape and sentenced to ten years in prison and a fine of one hundred million rupiah, with the provision that if the fine is not paid, it will be replaced with three months' imprisonment. The research used Pengadilan Negeri Mataram Decision Number 23/Pid.Sus/2025/PN Mtr as the main material, and the analysis was conducted based on official court documents and laws and regulations. This research contributes as a reference for judges, academics, and policymakers in formulating guidelines for handling cases involving perpetrators with disabilities. This research presents a new study related to the analysis of judges' considerations of perpetrators with disabilities in rape cases.
ANALYSIS OF LEGAL PROTECTION FOR FEMALE VICTIMS OF THE CRIME OF REVENGE PORN IN INDONESIA
This study aims to analyze the legal protection provided to female victims of revenge porn in Indonesia and identify factors hindering its implementation. This study uses a normative juridical approach with a literature review technique based on primary and secondary legal sources. Data were analyzed qualitatively with reference to relevant legal provisions, such as the ITE Law, the Pornography Law, and the Witness and Victim Protection Law. The results indicate that legal protection for female victims of revenge porn in Indonesia, both repressively and preventively, is not optimal. This is due to inhibiting factors, such as overlapping regulations, weak understanding among law enforcement officials, and social stigma that tends to blame the victim. A limitation of this study lies in the lack of a comparative approach with other countries with more advanced regulations in handling similar cases, so there is room for comparative analysis for further research. Nevertheless, this study is expected to contribute to the development of criminal law and victim protection studies by offering recommendations for strengthening the law and the role of victim protection institutions based on a gender perspective. This research's novelty lies in its integrative analysis of legal protection theory and legal system theory in understanding the complexities of protecting female victims of revenge porn in the digital era.
CRIMINAL LAW POLICY IN COMBATING NARCOTICS ABUSE FOR USERS WITH EVIDENCE UNDER 1 GRAM
Purpose: Drug abuse is a serious problem that continues to threaten social, economic, and public health stability in Indonesia. In law enforcement practices, drug users with less than 1 gram of evidence are often treated the same as dealers or illegal traffickers. This situation creates an imbalance between the objectives of punishment and the rehabilitation approach as mandated by Law Number 35 of 2009 concerning Narcotics. Using a normative juridical approach research method. The results of the study show that there is still inconsistency in the application of legal policies towards users with little evidence, with the majority still being sentenced to prison instead of being directed to rehabilitation. This indicates that the Indonesian criminal justice system still tends to be repressive rather than rehabilitative. This study concludes that criminal law policies in dealing with drug abuse need to be directed towards the application of restorative justice principles and a humanistic approach. Drug users with less than 1 gram of evidence should be focused on medical and social rehabilitation, rather than imprisonment, to create a balance between legal, humanitarian, and health aspects
THE EFFECTIVENESS OF LAW ENFORCEMENT AGAINST INDONESIAN CITIZENS WHO GAMBLE ONLINE ABROAD
Since online gambling is a cybercrime, those who commit it are not required to be under the Republic of Indonesia's jurisdiction. Research question: According to Article 27 paragraph (2) of the Electronic Information and Transactions Law, how effective is the criminal penalty for Indonesian nationals who engage in online gambling overseas? What elements of the Electronic Information and Transactions Law-based evidence pertain to online gambling? Findings from the research: According to Article 27 paragraph (2) of the Republic of Indonesia Law on Electronic Information and Transactions, the efficacy of criminal penalties for Indonesian nationals who engage in online gambling overseas can vary based on a number of factors, including international cooperation, legal regulations, and law enforcement, By applying Article 45 paragraph (1) in conjunction with Article 52 paragraph (4) of the ITE Law, technology, prevention and education, effective courts, and community support are deemed effective and refer to the Active National Principle in Article 2 of the ITE Law and Article 5 of the Criminal Code. In accordance with the provisions found in Article 184 in conjunction with Article 183 of the Criminal Procedure Code and Article 5 paragraph (2) of the ITE Law, the elements that are fulfilled, the evidence used, and the course of the proof process in court are the basis for proving online gambling under the Republic of Indonesia Law on Information and Electronic Transactions.
CRIMINOLOGICAL ANALYSIS OF EFFORTS TO COUNTER SEXTORTION THROUGH ELECTRONIC MEDIA
This study aims to analyze sextortion, a form of sexual extortion conducted through electronic media, from a criminological perspective by identifying the motives and behavioral patterns of offenders, the characteristics of victims, and evaluating the effectiveness of law enforcement efforts in addressing this type of cybercrime in Indonesia. The research employs a descriptive juridical-normative method, utilizing historical data, previous studies, and literature reviews from relevant academic journals and scientific publications. The analysis focuses on the applicable legal regulations, legal doctrines, and various sextortion cases that occurred in Indonesia between 2021 and 2024. The findings indicate that sextortion is not merely a criminal act of extortion but also involves psychological manipulation, sexual exploitation, and digital victimization, while revealing a significant gap between the rapid development of cybercrime methods and the capacity of law enforcement authorities, particularly in handling digital evidence and cross-border jurisdiction. This study is limited by its qualitative scope and focus on the Indonesian legal system, which may not fully represent sextortion dynamics at the global level. Nevertheless, it contributes to the development of studies in criminology, cyber law, and victimology by presenting an interdisciplinary analysis that enriches academic understanding and offers practical recommendations for policymakers and law enforcement agencies in formulating more effective legal and preventive measures. The novelty of this study lies in the integration of criminological and descriptive juridical-normative approaches in conceptualizing sextortion as a multidimensional cybercrime phenomenon in Indonesia, emphasizing the importance of reforming cybercriminal law to align with technological advancements and contemporary social challenges.
CRIMINAL LAW REFORM ON THE PROTECTION OF CHILDREN'S PERSONAL DATA IN THE MODERN DIGITAL ERA
This study analyses the direction of criminal law reform in Indonesia in protecting children's personal data in the modern digital era. The increased use of social media and digital applications by adolescents has created new vulnerabilities to violations of children's privacy rights, impacting their safety and moral development. Using normative juridical methods through legislative, conceptual, and case approaches, this study examines Law Number 27 of 2022 concerning Personal Data Protection, Law Number 35 of 2014 concerning Child Protection, and the 2023 Criminal Code. Qualitative analysis, employing deductive reasoning, was used to assess the relevance of criminal law principles to the value of family law and customary law. The results show that although Indonesia's criminal law reform has led to the strengthening of child protection, a gap remains in specific norms related to the violation of children's personal data in the digital space. Family law values that emphasise parental responsibility and customary law values that uphold honour and decency can provide a significant moral and social foundation for strengthening the effectiveness of criminal law policies. This research contributes to the development of the study of criminal law and family law by offering an integrative model of child protection based on customary law values in the digital era. It proposes the establishment of a digital criminal law system grounded in family and customary principles as the basis for child protection in Indonesia.
CRIMINAL LIABILITY OF PERPETRATORS OF SEXUAL INTERCOURSE WITH VIOLENCE AGAINST CHILDREN
This research seeks to investigate the legal foundations for the criminal responsibility of individuals who engage in violent sexual acts against children, as well as analyze the reasoning behind judicial considerations for sentencing in Decision Number 10/Pid.Sus/2023/PN Gdt. The methodology employed in this study is normative legal research, utilizing data gathered through literature review, encompassing primary and secondary legal resources. The findings indicate that the defendant was legally and convincingly found guilty of committing sexual intercourse with violence against his child, who was 9 years old and became pregnant as a result. This action met the criteria outlined in Article 81 paragraph (3) in conjunction with Article 76D of Law Number 17 of 2016 regarding Child Protection. In delivering the verdict, the judges took into account the legal, philosophical, and sociological dimensions of the victim's circumstances, leading to the imposition of the maximum sentence of 20 years imprisonment and a fine of IDR 3,000,000,000.00, or an alternative of 3 months imprisonment. This research focuses on a single court ruling but provides valuable insights into development of criminal law, particularly in the application of penalties for offenders of child sexual violence. The originality of this research lies in its detailed examination of the judges rationale for imposing the maximum penalty on the perpetrator, who is also the biological father of the victim, as an effort to achieve justice and strengthen legal protection for child victims of sexual violence.
CRIMINAL LIABILITY OF PERPETRATORS OF RAPE BASED ON THE LAW ON SEXUAL VIOLENCE
This study aims to analyse criminal liability for perpetrators of rape based on Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, with a case study of the Serang District Court decision Number 492/Pid.Sus/2024/PN SRG. This study uses a normative juridical method with a case study approach to court decisions. Data was obtained from official documents of the Serang District Court decision and Law Number 12 of 2022. The results of the study show that the defendant was found legally and convincingly guilty of rape as stipulated in Article 6 Letter c of Law Number 12 of 2022. The judge sentenced the defendant to 9 months' imprisonment and a fine of IDR 10,000,000.00, or a subsidiary 2 months' imprisonment. The judge's considerations took into account the element of justice by assessing aggravating and mitigating factors. This study focused on examining the basis of the judge's considerations in imposing the sentence and its relevance to the principle of victim protection. This study contributes to the development of criminal law, particularly in understanding the application of the principle of criminal responsibility in sexual violence cases. These findings are expected to be useful for legal practitioners, academics, and law enforcement agencies in strengthening the protection of victims of sexual violence. The novelty of this study is its analysis of the application of one form of Sexual Violence Crime in Article 6 Letter c of Law Number 12 of 2022.
JURIDICAL ANALYSIS OF THE LAW PROTECTION OF CHILDREN AS VICTIMS OF SEXUAL VIOLENCE
This research aims to analyze the legal protection for children as victims of sexual violence, evaluate the effectiveness of existing regulations, and identify the factors contributing to the occurrence of such criminal acts. The method of this study uses normative juridical, with a case study of the Jakarta Pusat District Court Decision Number 294/Pid.Sus/2023/PN Jkt.Pst. Data are obtained from relevant legislation, including Law Number 35 of 2014 concerning Child Protection and Law Number 31 of 2014, which amends Law Number 13 of 2006 concerning the Protection of Witnesses and Victims. The focus of this research is to examine legal protections for children as victims of sexual violence. The result, based on research on the Central Jakarta District Court ruling, the panel of judges sentenced the defendant to 15 years of imprisonment and ordered restitution of IDR 15,429,000.00 to the victim’s family. The limitations of this research include the enforcement of law, which focuses on imposing penalties and lacks focus on victim protection. The implications of this research contribute to the development of criminal law, findings are expected to benefit legal practitioners, academics, and law enforcement agencies in strengthening the implementation of protections for victims of sexual violence. The novelty of this research is in the legislative reform introduced by Law Number 12 of 2022 concerning Sexual Violence Crimes, which is analyzed not only from a normative perspective but also through a victimology approach to children as victims and protects research for those.
TECHNICAL NEGLIGENCE AS A FORM OF CRIMINAL OFFENSE IN PUBLIC FACILITY CONSTRUCTION: A JURIDICAL ANALYSIS OF THE AL KHOZINY BUILDING COLLAPSE TRAGEDY
Facilities as a form of criminal offense under Indonesian criminal law. The collapse of the Al Khoziny Islamic Boarding School building in Sidoarjo, East Java, in September 2025 serves as the main case study to analyze the application of criminal liability principles to negligent acts resulting in fatalities. The research adopts a normative juridical approach, analyzing Articles 359–360 of the Indonesian Penal Code (KUHP), Law No. 2 of 2017 on Construction Services, and Law No. 6 of 2023 on Job Creation (Omnibus Law). The findings indicate that technical negligence causing death satisfies the elements of gross negligence (culpa lata) and thus constitutes a criminal act rather than merely an administrative violation. However, both the Construction Services Law and the Job Creation Law contain normative gaps, as they only prescribe administrative sanctions without penal provisions. Consequently, the Penal Code functions as a lex generalis in enforcing criminal liability for individuals and corporations engaged in construction activities. This paper recommends legislative reform to incorporate explicit criminal sanctions for fatal technical negligence and the establishment of integrated inter-agency supervision mechanisms to enhance legal protection for public safety in construction projects.
EFFORTS TO PREVENT AND OVERCOME DRUG CRIMES COMMITTED BY HOUSEWIVES AS DRUG DEALERS (Study at the Lampung Province National Narcotics Agency)
This research aims to analyze the effectiveness of the Juvenile Criminal Justice System in tackling the rising criminal offenses committed by minors and to identify the inhibiting factors of its implementation in Bandar Lampung City. This research uses normative juridical and empirical juridical methods, with primary data obtained through interviews with the Juvenile Judge of the Tanjung Karang District Court, the Juvenile Prosecutor of the Bandar Lampung District Attorney, members of the Women and Children Protection Unit of the Bandar Lampung Resort Police, the Damar Lampung NGO, and a Criminal Law lecturer at Lampung University. Secondary data are sourced from laws and regulations, legal literature, and relevant official documents. The data were analyzed qualitatively through literature study and field study. The research results indicate that the effectiveness of the SPPA in Bandar Lampung City is still not optimal, where out of 747 cases of children facing the law in 2020, only about 7–10% were resolved through diversion. The inhibiting factors include legal substance that is not yet adaptive, limitations in facilities and infrastructure, lack of implementation of restorative justice principles by law enforcement officials, and minimal role of family and community in child guidance. The limitation of this research lies in its restricted regional scope. This research contributes to the development of juvenile criminal law through strengthening the implementation of restorative justice. The novelty of this research lies in the analysis of the Juvenile Criminal Justice System effectiveness based on Hiroshi Ishikawa's and Soerjano Soekanto's legal effectiveness indicators after the implementation of Law Number 11 of 2012.
THE EFFECTIVENESS OF THE JUVENILE CRIMINAL JUSTICE SYSTEM IN ADDRESSING THE INCREASE IN JUVENILE CRIMES (A STUDY IN BANDAR LAMPUNG CITY)
PROBLEMS OF ENFORCEMENT OF THE ADVOCATE CODE OF ETHICS IN THE INDONESIAN ADVOCATE ORGANIZATION SUPERVISION SYSTEM
The Advocate profession, as one of the pillars of law enforcement, is carried out with the status of officium nobile which requires absolute ethical obedience. Law Number 18 of 2003 concerning Advocates (Advocate Law) provides full autonomy (self-regulation) to professional organizations to carry out supervision and ethical enforcement through the Honorary Council (DK). However, this study identifies structural and institutional problems that fundamentally hinder the effectiveness of the enforcement of the Advocate Code of Ethics (KEA). These problems are rooted in (1) Fragmentation of Advocate Organizations (Dualism), which creates jurisdictional disorientation and inconsistency in the decisions of the Supreme Court; (2) The issue of the political independence of the Security Council, which is vulnerable to the internal interests of the organization; and (3) Lack of effective external oversight involvement, leading to a decline in public accountability. This study uses a Normative Legal Research Method with the Statute Approach, Case Approach, Conceptual Approach, and Theoretical Approach. The findings show that the failure of the Advocate Organization to maintain a single forum has triggered a crisis of professional ethics legitimacy (simulacra). Therefore, the research recommends strategic steps, including the establishment of a Joint Honorary Council (DKB) and strengthening institutional independence, to restore the integrity of ethics enforcement and public trust in the Advocate profession.
DIGITAL DISPUTE RESOLUTION BASED ON LOCAL VALUES: THE RELEVANCE OF CUSTOMARY LAW IN THE FRAMEWORK OF ONLINE DISPUTE RESOLUTION (ODR) AND CIVIL LAW
The development of digital globalization has changed the face of the Indonesian legal system, especially in the settlement of disputes arising from electronic transactions, e-commerce, and fintech services. Conventional litigation mechanisms are no longer considered efficient in responding to the dynamics of digital disputes that are cross-border and demand quick resolution and more inclusive access to justice. This condition encourages the importance of developing Online Dispute Resolution (ODR) as a technology-based alternative dispute resolution mechanism. The problem formulations in this research include: (1) how are the challenges of implementing ODR in Indonesia within the framework of national law with civil law tradition, and (2) how can customary law values be integrated to strengthen substantive justice in digital dispute resolution. This research uses a normative legal approach with conceptual and comparative methods, based on Lawrence M. Friedman's Legal System Theory and Satjipto Rahardjo's Progressive Law Theory. Through analysis of laws and regulations (Electronic Information and Transaction Law, Arbitration Law, Personal Data Protection Bill), customary law principles, as well as ODR practices in common law and civil law countries, the results show that the Indonesian legal system does not yet have an adequate regulative and institutional basis in regulating ODR. The digital legal culture of the community is also still weak, so that trust in online mechanisms is not optimal. The result of this research is the concept of Hybrid ODR System, which is a digital dispute resolution model that combines civil law legal certainty with customary law values such as consensus deliberation, propriety, and restorative fairness. The novelty of this research lies in the integrative approach that combines the dimensions of technology, positive law, and socio-cultural values to form a typical Indonesian digital justice system that is technologically efficient, normatively valid, and humanistically just in accordance with the spirit of Pancasila.
THE CONCEPT OF ECOTHEOLOGY IN ISLAM AND ITS RELEVANCE TO SDGS-BASED ZAKAT DISTRIBUTION
This study discusses the concept of Islamic ecotheology and examines its relevance to the distribution of zakat funds based on the Sustainable Development Goals (SDGs). The objective is to analyze the alignment between SDGs-based zakat distribution particularly those directed toward the environmental development pillar and the principles of Islamic ecotheology. This research employs normative legal research (doctrinal approach) using secondary data, which includes primary, secondary, and tertiary legal materials collected through literature and document studies. The data were analyzed qualitatively using a deductive reasoning method. The results indicate that Islamic ecotheology positions humans as khalifah (stewards) on earth, responsible for managing natural resources wisely and equitably based on the principles of tawhid (oneness of God), khalifah (stewardship), balance, amanah (trust), ecological justice, and maslahah (public benefit). One of its practical implementations is through environmentally oriented zakat distribution, also known as green zakat. This aligns with one of the SDGs pillars environmental development. Based on a legal hermeneutic analysis and teleological interpretation, Islamic ecotheology is highly relevant to the SDGs-based zakat distribution model. This study contributes to the understanding that Islam is a comprehensive religion that governs all aspects of life wisely and remains adaptable to contemporary global challenges. The novelty of this research lies in the analysis of the concept of ecotheology in environmentally based zakat distribution, which is linked to the Sustainable Development Goals (SDGs) framework.
INCLUSIVITY IN THE WORLD OF WORK: AN ANALYSIS OF LEGAL PROTECTION FOR WORKERS WITH DISABILITIES IN THE ELECTRONIC SERVICES SECTOR
Efforts to promote inclusivity for persons with disabilities in the employment sector continue to progress. However, implementation still faces various challenges, particularly in the informal sector such as electronic service businesses. This study aims to analyze the forms of legal protection for workers with disabilities and to identify the social barriers they encounter in practice. The case study focuses on Febri, a 54-year-old person with physical disabilities in Ogan Komering Ulu (OKU) Regency, who runs a home-based electronic repair business. Using an empirical juridical approach, data were collected through interviews and literature studies of relevant laws and academic references. The findings reveal that although Law Number 8 of 2016 concerning Persons with Disabilities provides a strong legal foundation for the protection of employment rights, its implementation remains suboptimal. Physical barriers, limited access to advanced training, and persistent social stigma continue to hinder inclusivity, while governmental and community support remains inadequate. The study recommends strengthening affirmative policies, providing incentives for entrepreneurs with disabilities, and enhancing awareness of disability rights to realize an inclusive and just working environment.
LEGAL POLITICS OF CUSTOMER PROTECTION IN STANDARD AGREEMENTS FOR FAIR DIGITAL BANKING SERVICES
This study analyzes the legal politics of customer protection in standard agreements for digital banking services in Indonesia. The rapid growth of digital banking has created a legal gap and an imbalance in bargaining positions between banks and customers, which is manifested in the often detrimental use of standard agreements. Through normative legal research methods with legislative, case, and theoretical approaches, this study examines the theoretical foundations of standard agreements and exoneration clauses, evaluates the existing regulatory framework, and analyzes the implementation of legal accountability through case studies. The findings show that although the legal framework has been significantly strengthened by Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector and Financial Services Authority Regulation Number 22/POJK.07/2023, there are still substantial challenges in law enforcement due to standard clauses limiting bank liability. Therefore, a more pro-active and equitable legal political direction is needed, which not only regulates formally but also ensures that the rights of customers are substantively protected.
RECOGNITION OF THE ORIGINAL RIGHTS OF CUSTOMARY LEGAL COMMUNITIES IN THE INDONESIAN NATIONAL LEGAL SYSTEM
The fundamental rights inherent in indigenous legal communities are ancestral rights, which originate and evolve from the traditions, cultural values, and social structures of the communities themselves. These rights encompass rights to traditional land, traditional leadership practices, traditional institutions, and traditional legal frameworks. Nonetheless, in reality, this acknowledgment frequently lacks sufficient legal safeguards. to examine how the domestic legal framework offers recognition and protection for the ancestral rights of indigenous legal communities, and how effectively it is implemented. This study is a normative legal analysis (juridical normative), employing both a statutory perspective and a conceptual approach. The findings of this research indicate that the acknowledgment of the ancestral rights of indigenous legal communities has been incorporated into the national legal framework, yet its safeguarding remains insufficient at the execution level. Collaboration is essential among the central government, regional authorities, and indigenous communities to enhance this protection. The government must expedite the creation of enforcement regulations that secure the ancestral rights of indigenous communities and enhance the capability of indigenous institutions to collaborate with the government in overseeing indigenous lands. Enhancing the ability of indigenous organizations to collaborate with the government in overseeing indigenous lands.
RESTORATIVE JUSTICE BASED ON CUSTOMARY LAW AS AN ALTERNATIVE FOR RESOLVING TRAFFIC ACCIDENTS IN ACCORDANCE WITH THE CRIMINAL CODE AND LAW NO. 22 OF 2009
This research explores the concept of restorative justice based on customary law (hukum adat) as an alternative mechanism for resolving traffic accident cases in Indonesia. The study aims to examine how restorative justice principles emphasizing reconciliation, compensation, and community harmony can align with the provisions of the Indonesian Criminal Code (KUHP) and Law No. 22 of 2009 concerning Road Traffic and Transportation. The research identifies the potential for customary law to provide more culturally grounded and humane solutions compared to conventional punitive approaches. Using normative juridical analysis complemented by case studies from several regions, the study finds that customary dispute resolution mechanisms can effectively restore social balance and victim satisfaction without disregarding formal legal norms. The integration of restorative justice principles with state law offers a hybrid model that strengthens community participation and promotes justice that is both legal and moral.
PROBLEMS OF IMPLEMENTATION OF ENVIRONMENTAL DISPUTE INKRACHT DECISIONS IN RELATION TO SUSTAINABLE DEVELOPMENT
This study examines the problems of the implementation of court decisions that have permanent legal force (inkracht) in environmental disputes in Indonesia and their relationship with the achievement of sustainable development. This problem arises from the anthropocentric development paradox, which often ignores ecological balance. This study uses normative juridical methods with statute approaches, case approaches, and theoretical approaches to analyze the obstacles that occur. The results of the study show that execution problems are caused by multi-dimensional factors, including juridical constraints before the birth of Supreme Court Regulation (PERMA) Number 1 of 2023 concerning Guidelines for Adjudicating Environmental Cases, institutional obstacles, and corporate resistance. The main obstacle to pre-Perma was the focus of execution on monetary compensation alone, which often had no impact on true environmental restoration. Perma No. 1 of 2023 concerning Guidelines for Adjudicating Environmental Cases is present as a legal breakthrough that shifts the execution paradigm from compensatory to restorative, by requiring an environmental restoration plan and allowing the execution of direct restoration actions. Nevertheless, the success of Perma is highly dependent on strengthening institutional capacity, improving coordination between law enforcement officials, and changing the legal culture. It was concluded that failure in the execution of environmental judgments not only damages the ecosystem but also erodes public trust in the justice system, thereby fundamentally hindering the achievement of the Sustainable Development Goals (SDGs), especially SDG 16 regarding effective and accountable institutions. Therefore, effective and consistent law enforcement is a fundamental prerequisite for realizing ecological justice and guaranteeing environmental rights for current and future generations.
THE RELEVANCE OF PANCASILA TO LAW ENFORCEMENT IN THE 2024 ELECTIONS: CHALLENGES AND OPPORTUNITIES IN THE ERA OF GLOBALIZATION
In the implementation of elections, democracy as a system that ensures the freedom for citizens to realize their aspirations through votes cast as a form of widespread voter participation. The use of legal principles in election matters can be seen as a way to ensure the rule of law is upheld during the conduct of elections by the parties entrusted with this responsibility. The influence of globalization also influences the variety of violations that occur and impacts the process of enforcing election law. The way of studying library materials or secondary data, which is also known as normative legal research or library legal research, involves gathering legal materials such as primary, secondary, and/or tertiary sources. In this process, the study and analysis are done using different methods like the statute approach, conceptual approach, analytical approach, and historical approach. After that, all the collected materials are organized and analyzed. The materials were studied in a qualitative way, which means starting with general information and then coming up with specific conclusions based on that. Meanwhile, an inductive approach is used with a thinking method that starts from specific facts, then generalized into the legal principles that have been collected. The results of this study are that Globalization has an impact on the implementation of Democracy in Indonesia, strengthening regulations and efforts to implement Pancasila values ??in consistent elections are urgently needed, especially in changing laws and regulations, to ensure that they can complement overlapping and weak regulations that allow for the emergence of election violations.
THE ROLE OF HUMAN RIGHTS IN THE CONTINUATION OF NATIONAL AND INTERNATIONAL LAW INTEGRATION
Human Rights (HAM) are the moral and legal foundation in the formation of a just and sustainable legal system. In the era of legal globalization, the integration of national and international law is important to maintain the consistency of universal human rights values. This study analyzes how human rights principles act as drivers and balancers in the process of legal integration, both at the national and international levels. play a fundamental role in forming a just and sustainable legal order, both at the national and international levels. In the context of legal integration, human rights function as universal norms that serve as a meeting point between different legal systems. This research was conducted using a systematic literature review approach with the aim of proposing a human rights law paradigm based on human rights obligations. From a legal research perspective, the nature of this research is categorized as prescriptive research. The data in this study are sourced from laws and regulations, books, and scientific articles from national and international journals related to the concept of human rights and human rights law. This study aims to examine how human rights principles can bridge the differences between national and international legal systems, and encourage the formation of legal harmony that is oriented towards justice, equality, and protection of human dignity. The research method used is normative juridical with a comparative approach to various Human Rights instruments such as the Universal Declaration of Human Rights, as well as national regulations such as Law Number 39 of 1999 concerning Human Rights. The results of the study indicate that the sustainability of legal integration can only be achieved if human rights are used as the main pillar in the preparation, harmonization, and implementation of law. By making human rights the foundation, the legal system will be more adaptive to global dynamics as well as responsive to national needs.
BEYOND EFFICIENCY: ESTABLISHING SOCIAL JUSTICE AS A FUNDAMENTAL AND ETHICAL NECESSITY FOR LEGAL CERTAINTY IN THE EXECUTION OF MORTGAGE RIGHTS
This research aims to improve efficiency and create more practical legal certainty in the execution of Mortgage Rights (HT) in Indonesia. This research will redesign the legal framework for the execution of HT guarantees by placing social justice as the primary moral principle, in line with the values ??of Pancasila, replacing the formal approach to legal certainty. This research is a normative legal study with a philosophical approach, and a comparison of cases in HT with the Constitutional Court's ruling on fiduciary guarantees. The results show that excessive emphasis on parate execution (Article 6 of the HT Law) for the sake of efficiency will weaken legal certainty. In practice, this demonstrates lawsuits from debtors demanding substantive justice due to defaults unilaterally determined by creditors. Legal certainty should stem from social justice, namely by providing balanced legal protection for debtors and creditors. This research is supported only by normative data without empirical data on auction implementation and socio-economic impacts. This research provides a philosophical and normative model as a first step towards reforming the HT Law and developing progressive jurisprudence, with social justice as a primary requirement for legal certainty and efficiency. A comparison of the Constitutional Court's ruling on fiduciary guarantees strengthens protection for debtors in mortgages.
INTEGRATING CUSTOMARY ENVIRONMENTAL LAW INTO CRIMINAL POLICY TOWARD THE RECOGNITION OF NATURE AS A LEGAL SUBJECT
This study explores the integration of customary environmental law into national criminal policy as a pathway toward recognizing nature as a legal subject. Rooted in the normative legal method, the research employs conceptual, comparative, and futuristic approaches to examine how traditional ecological wisdom can be harmonized with modern legal frameworks. The conceptual approach investigates the philosophical and juridical foundations of environmental protection that transcend anthropocentric paradigms, emphasizing a shift toward ecocentrism and biocultural justice. Through comparative analysis, the research evaluates the recognition of nature’s legal personhood in several jurisdictions such as Ecuador, Bolivia, Colombia, and New Zealand where rivers, forests, and ecosystems are granted rights and represented legally by guardians or indigenous communities. These models are examined against Indonesia’s living law traditions, including local customs such as sasi in Maluku, pati nyawa in Dayak, and bayar kepala in Papua, which embody restorative and ecological justice principles long before their codification. The futuristic approach projects the potential transformation of Indonesia’s criminal policy under the 2023 Criminal Code and the forthcoming Criminal Procedure Bill, advocating for the inclusion of ecological victimhood and restorative sanctions that protect both human and non-human entities. Employing content analysis, this study reveals that integrating customary environmental law into criminal policy could bridge normative gaps between state law and indigenous ecological ethics, fostering a holistic legal framework that restores harmony between humans and nature. Ultimately, this integration signifies a paradigm shift from punitive anthropocentric justice toward a restorative and ecocentric criminal law system that acknowledges nature’s intrinsic rights and its role as a legal subject within Indonesia’s constitutional and environmental governance structure.
IMPLEMENTATION OF ATR/BPN REGULATION NO. 16 OF 2021 ON THE REGISTRATION OF UNMAPPED CERTIFIED LAND IN LAMPUNG
The government's obligation in the implementation of the registration of K4 Land Objects is very important. The greater the proportion of K4 objects in the Land Office, the greater the likelihood of land disputes, on the other hand, if all K4 objects have been mapped and validated (valid land books and survey letters) 100%, then there will be no more cases of certificate overlap. This means that legal risks such as lawsuits over land rights certificates that have been issued are reduced along with the completion of the registration of the K4 Land Object. Given the importance of K4 Land Object registration has become a national strategic issue, based on this background, the author takes the theme "Implementation of the Policy for the Registration of Uncharted Land Objects (K4) in the Context of Ensuring Legal Certainty (Study at the South Lampung Land Office). In this stage, the policies that have been implemented will be assessed or evaluated, to see the extent of the policies made to achieve the desired impact, namely solving the problems faced by the community. Therefore, it is determined that the measures or criteria are the basis for assessing whether the public policy that has been implemented has achieved the desired impact or goal or not.
RELEVANCE OF CUSTOMARY CRIMINAL LAW AND PSYCHOLOGY IN RESOLVING INHERITED LAND CONFLICTS
Inherited land conflicts are a form of social conflict that often occurs in Indonesian society and often leads to criminal acts. The root of the problem of this conflict is not only juridical, but also influenced by psychological factors in family relationships, such as jealousy, a sense of injustice, and emotional conflicts between heirs. On the other hand, Indonesia has a wealth of customary criminal law that has historically functioned as a conflict control mechanism based on local and familial values. The presence of the National Criminal Code (New Criminal Code) which recognizes the existence of living law in society (living law) opens up space for integration between customary criminal law and family psychology approaches in resolving inherited land conflicts. This article aims to analyze the relevance of customary criminal law and family psychology in resolving inherited land conflicts in the era of the enactment of the New Criminal Code. The research method used is a normative legal research method with a legislative, conceptual, and sociological approach to law. The results of the study show that customary criminal law that is oriented towards restoring social harmony and restorative justice has strong relevance when combined with an understanding of family psychology, so that it can be an alternative to resolving inherited land conflicts that are more humane and just.
REVISITING THE RELEVANCE OF UNUS TESTIS NULLUS TESTIS IN INDONESIA’S CRIMINAL EVIDENCE SYSTEM
Purpose: This study aims to reexamine the relevance of the Unus Testis Nullus Testis principle (one witness is no witness) in Indonesia’s modern criminal evidence system. The principle, originally derived from Roman law, has long been embedded in the Indonesian Criminal Procedure Code (KUHAP) as a safeguard against wrongful convictions based solely on a single testimony. However, the rapid development of digital evidence and scientific proof raises a fundamental question about the continuing validity of this classical rule. Methodology/approach: This research employs a normative legal method with a statutory and conceptual approach. Primary data are drawn from KUHAP, the Law on Electronic Information and Transactions (ITE Law), and several Supreme Court decisions. The analysis is qualitative, emphasizing interpretation and synchronization between traditional evidentiary principles and modern forms of proof. Results/findings: The findings reveal that while the Unus Testis Nullus Testis principle remains legally binding under Article 185 paragraph (2) of KUHAP, its application in practice has become more flexible. The courts now tend to accept a single witness testimony when corroborated by other forms of evidence such as expert statements, electronic records, or material traces. Limitations: This study focuses solely on normative analysis without direct empirical examination of judicial practices. Contribution: This paper contributes to the development of criminal procedural law by proposing a progressive interpretation of Unus Testis Nullus Testis that aligns with digital-era evidentiary dynamics. Novelty: The novelty lies in integrating classical evidentiary principles with modern technological proofs to ensure fairness and accuracy in Indonesia’s criminal justice system.