POLICY, LAW, NOTARY AND REGULATORY ISSUES

The Role of Investigators in Ensuring Criminal Mediation Compliance in Restorative Justice

2025-11-20T08:56:32+00:00

The Indonesian criminal justice system is currently still dominated by a retributive approach, which tends to neglect victim recovery and social relations. As an alternative, restorative justice has been introduced to resolve criminal cases through penal mediation between perpetrators and victims. However, in practice, many mediation agreements are not implemented (breach of contract), threatening the effectiveness of restorative justice. This study aims to analyse the role of investigators from the General/Jatanras Sub-Directorate of the Metro Jaya Regional Police Criminal Investigation Directorate in preventing the failure to implement peace agreements in the penal mediation process. The method used is normative-empirical legal research with a qualitative approach. Data collection techniques included interviews, observation, and documentation, with data analysis using the Miles and Huberman technique and triangulation verification. The results of the study show that investigators play an active role as facilitators, mediators, agreement drafters, and supervisors of the implementation of agreements. Investigators also play a preventive and repressive role in anticipating default, and contribute to victim recovery by creating a safe and supportive space for dialogue. This study concludes that the success of restorative justice is highly dependent on the capacity and integrity of investigators in ensuring that peace agreements are fully implemented. The uniqueness of this study lies in its emphasis on the substantive role of investigators in bridging legal values and social needs, as well as filling the normative void in the supervision of the implementation of penal mediation.

Analysis of The Resolution of Traffic Accident Cases Involving Electric Bicycles in The Jurisdiction of The Sula Islands Police

2025-12-15T09:49:27+00:00

Traffic accidents involving electric bicycles in the Sula Islands continue to increase; however, regulatory gaps and low levels of safety awareness make case resolution by the police more complex, requiring adaptive and effective legal strategies that are aligned with local social conditions. This study aims to analyse the application of law, case resolution mechanisms, and factors influencing the handling of traffic accidents involving electric bicycles within the jurisdiction of the Sula Islands Police. The study is grounded in several theoretical and conceptual frameworks, including Progressive Law Theory, Public Policy Theory, Management Theory, Traffic Accident Concept, Electric Bicycle Concept, Restorative Justice Concept, Community Policing Concept, Case Resolution Concept, and Police Science Concept. A qualitative case study method is employed to examine empirical conditions and law enforcement practices. The findings indicate that law enforcement in electric bicycle accident cases is constrained by the absence of regional regulations, leading to reliance on supervision and appeals; case settlement therefore adopts an adaptive, restorative justice-oriented approach focused on victim recovery, accountability, and community involvement; and effectiveness is determined by officer competence, resource availability, and integrated, flexible working methods. Overall, this study underscores the urgency of strengthening local regulatory frameworks and institutional capacity to ensure legal certainty, public safety, and substantive justice in a sustainable manner.

Juridical Analysis of the Rejection of Judicial Review (PK) in the Case of PT Mas Murni Indonesia, Tbk (in Bankruptcy): A Review of Supreme Court Decision No. 21 PK/Pdt.Sus-Pailit/2025

2025-11-20T05:50:34+00:00

Judicial Review is an extraordinary legal remedy designed to uphold legal certainty and justice in civil cases, including bankruptcy proceedings. This paper examines the application of Judicial Review in the bankruptcy case of PT Mas Murni Indonesia, Tbk, based on Supreme Court Decision No. 21 PK/Pdt.Sus-Pailit/2025. The study emphasizes the role of PK as a corrective mechanism against final and binding decisions, as well as the legal reasoning employed by the judges in reaching their verdict. PK in bankruptcy cases carries distinct characteristics, as it involves balancing the rights of creditors and debtors while ensuring legal certainty within the business sphere. The scope of PK is strictly limited by statutory provisions, particularly Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (PKPU) and Law No. 48 of 2009 on Judicial Power. This research adopts a normative juridical method with statutory and case approaches, utilizing primary legal materials on bankruptcy and extraordinary remedies. Qualitative analysis reveals that despite its limited scope, PK plays a significant role in correcting misapplications of law with substantive justice implications. In the case of PT Mas Murni Indonesia, Tbk, the Supreme Court emphasized the necessity of balancing legal certainty with fairness and utility. Accordingly, this study contributes to a deeper understanding of the dynamics of Judicial Review in bankruptcy cases and illustrates how Indonesian judicial practice strives to achieve justice in line with the ultimate purpose of law.

Legal Legitimacy of Fiscal Discretion in State Fund Placement Policy

2025-12-12T06:05:35+00:00

Indonesia’s fiscal management framework grants the government authority to implement policies that sustain national economic stability within the bounds of legality and accountability. One such policy is the 2025 State Placement Program, established through the Minister of Finance Decree No. 276 of 2025, which allocates IDR 200 trillion of public funds to state-owned banks to enhance liquidity and support growth. This study addresses the legal ambiguity surrounding this policy and aims to assess whether such discretion is legally and administratively legitimate within Indonesia’s fiscal governance framework. Using a normative-juridical method, the research analyzes its legal basis, mechanisms of accountability, and institutional coordination, particularly regarding the management of the Accumulated Budget Surplus (SAL) and the authority of the State General Treasurer (BUN). The findings show that fiscal discretion in this policy is legally justified when exercised according to statutory mandates and subject to transparent reporting under the State Revenue and Expenditure Budget Law (APBN). However, its implementation requires clear coordination within the Financial System Stability Committee (KSSK). The study concludes that the decree is a valid exercise of fiscal authority but necessitates stronger safeguards linking SAL and the APBN, reinforced institutional coordination, and risk-based monitoring to ensure compliance with the rule of law. The implications of this study highlight the importance of aligning discretionary fiscal actions with constitutional oversight mechanisms to preserve legality and public accountability in Indonesia’s financial administration.

Indications of Unfair Business Competition in Tiktok's Acquisition of Tokopedia Shares

2026-01-10T07:44:19+00:00

The development of digital technology has driven significant transformation in the business world, including the emergence of e-commerce as a new form of trade activity. One of the cases that has arisen as a result of this development is the acquisition of Tokopedia shares by TikTok. This acquisition is considered to indicate potential unfair business competition. This research aims to analyze whether the acquisition of Tokopedia shares by TikTok shows signs of unfair business competition and whether there have been legal measures taken by the Indonesian Competition Commission (KPPU) in response. The research employs a statute approach, a case study, and a conceptual approach. The results of the study indicate that there are signs of unfair business competition in the acquisition of Tokopedia by TikTok. KPPU has also carried out its supervisory function by conducting an assessment and issuing a conditional approval as part of its efforts to maintain fair business competition.

Additional Conditions in Marriage Contracts in North Kalimantan: Between Local Wisdom and Legality of Islamic Law

2025-12-01T07:43:04+00:00

Marriage contracts are often accompanied by local phenomena in the form of additional requirements proposed by either party. The goal of the research is to analyze the additional Conditions in Marriage Contracts in North Kalimantan based on the legal Perspective, normative conflicts, and its impact to the socio legal aspect. This study employs a doctrinal legal approach (juridical-normative) to examine the validity of additional conditions in marriage contracts based legal materials including Law Number 1 of 1974, the Indonesia Civil Code (KUHPerdata), the Compilation of Islamic Law, and Government Regulation No. 9/1975. The result of the research is in the practice of including additional conditions in marriage contracts in North Kalimantan illustrates the profound impact of local wisdom. For example, the Bugis community enforces uang panai (dowry), several traditional rituals among the Bulungan community, and also Tidung cultural traditions. From a legal perspective, the additional conditions in marriage contracts should be viewed in light of Law No. 1 of 1974 on Marriage, Government Regulation No. 9 of 1975, Compilation of Islamic Law (KHI), and Civil Code or KUHPerdata. Conditions such as uang panai in Bugis tradition or symbolic rituals in Bulungan and Tidung communities may be recognized as cultural practices, but they do not carry binding legal force under civil law unless incorporated into a formal marriage agreement that complies with the provisions of KUHPerdata. Furthermore, additional requirements in a marriage contract not only impact the immediate couple involved but can also influence broader social dynamics.

Legal Certainty of Restitution for Victims of Human Trafficking Crimes

2026-02-05T06:49:34+00:00

Case Number 7834 K/Pid.Sus/2024 concerns a human trafficking offence in which the cassation ruling imposed custodial punishment and mandated restitution calculated by the Witness and Victim Protection Agency (LPSK). This research is motivated by the need to protect victims' rights through restitution, despite ongoing implementation issues. Focusing on the degree of legal certainty in the implementation of restitution, this study analyzes the relevant decision through a normative juridical lens. The methodology incorporates statutory, conceptual, and case-based approaches, all of which are applied to secondary data consisting of primary legal sources, secondary literature, and tertiary references. The results showed that legal certainty regarding restitution for victims of human trafficking still faces various obstacles in Law No. 21 of 2007, which does not clearly regulate how to calculate, determine, and enforce compensation payments. The Supreme Court's decision in this case fills a legal void in Law No. 21 of 2007 by emphasizing that restitution must be calculated accurately based on the actual losses suffered by the victim, and recognizing the LPSK's calculation as a valid basis for determining the amount of restitution. It was concluded that the Supreme Court ruling strengthens legal certainty by legitimizing the LPSK's assessment, thereby providing a more concrete mechanism for enforcing restitution. The findings are expected to generate recommendations for law enforcement authorities and LPSK on the significance of enforcing restitution as an integral component of restoring victims’ rights and achieving justice in human trafficking cases.

Sexual Harassment Without Legal Recourse: The Dilemma Between Culture and Justice

2025-12-27T05:21:45+00:00

Sexual harassment refers to any act or behavior of a sexual nature that is carried out without consent and causes discomfort, humiliation, or threat to the victim. The goal of this research is to analyze legal solutions to sexual harassment cases from a social cultural and legal perspective. This study implemented a qualitative descriptive research method using a Systematic Literature Review approach. Researchers collected data by gathering various literature, both from books and scientific articles from national and international journals related to the research objectives. The data analysis used in this study involves evaluating data feasibility. The results show that the presence of the TPKS Law (Law Number 12 of 2022) and the New Criminal Code (Law Number 1 of 2023) plays a very important function in preventing sexual harassment. TPKS Law underscores the importance of integrating legal principles with social values, guaranteeing that statutory provisions are in accordance with human rights standards and gender equality. On the other hand, the Code establishes clearer definitions and broader categories of sexual misconduct, guaranteeing that harassment acts are explicitly acknowledged as criminal offenses. The implementation of the TPKS Law and the New Criminal Code must be firm in the field in protecting victims and providing a deterrent effect on perpetrators of sexual violence crimes. Therefore, there is a need for integration of normative legal and socio-cultural solutions to sexual violence with open public dialogue and cross-sector collaboration among stakeholders.

Reconstructing Legal Responsibility for the Dissemination of False News Containing Discrimination to Achieve Justice

2026-01-17T08:41:47+00:00

Crimes within social media networks are highly susceptible to occur due to anonymity and ease of electronic communication. However, law enforcement against perpetrators of false news and discriminatory defamation in Indonesia faces significant legal uncertainty due to multiple interpretations of key provisions in the Electronic Information and Transactions (ITE) Law. This research addresses regulations on designating suspects who spread false news on social media, and the reconstruction of criminal liability for spreading hoaxes and discriminatory defamation through social media in Indonesia. Using a normative juridical method with comparative legal analysis which examining Indonesia’s ITE Law alongside Malaysia’s Communications and Multimedia Act 1998 and Singapore’s Protection from Harassment Act, the results indicate that reconstructing legal responsibility is necessary when false, discriminatory content, including SARA-based speech, spreads. This should be achieved through measured sanctions providing a deterrent effect to maintain societal order. Without this, law enforcement against such acts is undermined. However, implementing the ITE Law faces challenges, including multiple interpretations, human rights concerns, and digital evidentiary constraints. Therefore, it is recommended to revise legal norms for clarity and promote digital literacy education so the public can identify accurate information. Fair, proportional law enforcement is crucial to balance freedom of expression with protection from discrimination.

The Childfree Choice: Perspectives from Islamic Law and Indonesian Marriage Law (No. 1 of 1974)

2025-12-13T03:32:01+00:00

The childfree phenomenon refers to the conscious choice of individuals or couples not to have children, either biologically or through adoption. In Indonesia, this choice raises legal tensions between personal autonomy and the normative framework of the Marriage Law. Law Number 1 of 1974, as amended by Law Number 16 of 2019, positions marriage as oriented toward family continuity and procreation, yet it does not explicitly mandate childbearing. This study analyzes the childfree phenomenon through two lenses: the legal framework of the Marriage Law and socio-cultural and Islamic perspectives that shape public understanding of marriage and family. Using a qualitative approach with a normative legal method, the study finds that the childfree choice exposes a gap between statutory language and social expectation. While the law emphasizes family continuity, it lacks clear recognition of couples’ decisions to remain childfree, creating potential bias in judicial practice and raising constitutional questions regarding equality, privacy, and self-determination—particularly for women who face social pressures. The interpretive space left by the Marriage Law allows some flexibility for childfree couples, but moral, communal, and religious values often overshadow this statutory neutrality. Ultimately, the childfree phenomenon in Indonesia is both a legal and socio-religious issue. It highlights the need for greater recognition of individual rights within the marital framework while addressing the societal and religious norms that influence perceptions of marriage, family, and reproductive choice.

The Effectiveness of Police Intelligence in Handling Mining-Related Crimes: Evidence from Kutai Kartanegara (2023-2025)

2026-01-17T09:10:32+00:00

Illegal mining remains one of the most persistent criminal challenges in Kutai Kartanegara, marked by recurring hotspots, organized operations, and frequent use of heavy machinery. Police records from 2023–2025 show fluctuating yet consistently high activity, totaling twenty cases. While several cases advanced to Stage II (P21) and were transferred to the District Attorney, many remained at the inquiry stage, revealing weaknesses in intelligence detection, evidence gathering, and identification of broader criminal networks. This study examines how police intelligence investigations are conducted, the operational challenges encountered, and the effectiveness of intelligence-led policing against illegal mining. Using qualitative field research, the study combines non-participatory observation and semi-structured interviews with key officials, including the heads of the Criminal Investigation Unit, Intelligence Unit, and General Crime Sub-Unit. Primary field data are supported by police documents, regulations, and previous academic literature, then analyzed through descriptive qualitative methods and triangulation. Findings show strong tactical capability in detecting active sites and advancing cases to Stage II. However, major limitations persist: difficult access to remote areas, limited surveillance technology, weak inter-agency coordination, and difficulty mapping networks beyond field operators. Consequently, illegal mining repeatedly occurs in the same locations, indicating current intelligence practices are insufficient for long-term prevention. Strengthening analytical capacity, improving technological support, and enhancing collaboration are essential to increase enforcement effectiveness.

A Non-Coercive Leasing Debt Enforcement Model: Reconceptualizing Compliance through Blockchain-Based Systems

2026-02-09T07:25:06+00:00

Debt collection in motor vehicle financing in Indonesia continues to rely heavily on coercive practices carried out by third-party actors commonly known as mata elang (matel). These methods do more than raise questions of civil liability; they frequently spill over into social conflict and serious criminal law risks, as illustrated by recurring incidents of violence resulting in loss of life and broader public harm. Such conditions point to a deeper, systemic failure in the enforcement of credit agreements—one that has evolved through informal mechanisms and operates with fragile legal legitimacy. This study undertakes a normative examination of the structural weaknesses inherent in coercive debt collection practices and advances a non-coercive enforcement model grounded in blockchain technology. Using a normative legal methodology supported by conceptual and analytical approaches, the research explores issues of legitimacy, criminal liability risk, legal certainty, and the role of the state in enforcing credit obligations. The findings suggest that blockchain-based enforcement offers a transparent, automated, and institutionalized contractual framework that replaces physical force and social intimidation with systemic compliance. Rather than sidelining the state, this model strengthens state involvement through regulatory oversight and institutional validation, fostering a more legitimate, proportionate, and rule-of-law-oriented approach to obligation enforcement.

Child Sexual Crimes in Bali: A Criminological Review of Prevention and Policy

2026-01-23T07:42:34+00:00

As one of Indonesia’s leading international tourism destinations, Bali faces increased interaction between visitors and vulnerable local communities, creating situational opportunities for exploitation. This research examines the persistence and dynamics of child sexual violence in Bali, with a particular focus on Child Sex Tourism (CST). Likewise, this study analyzes structural and situational factors contributing to child sexual crimes and evaluates institutional responses. Using a qualitative descriptive and documentary research design, the study integrates data from the Bali Regional Commission for Women and Child Protection (KPPAD), the Bali Office for Women and Child Empowerment (Dinas P3A), and the national SIMFONI PPA database for 2022–2024. The analysis follows the Miles and Huberman model of data reduction, display, and conclusion drawing. Findings show sexual violence accounts for about 40–45% of reported child violence cases, indicating a structural rather than incidental problem. Most victims are adolescent girls from low-income families working in tourism-related sectors, while offenders are typically adult males within the victims’ social environment. Although institutional mechanisms such as SAPA 129 and Village Protection Units exist, implementation remains fragmented, marked by low reporting rates and weak inter-agency coordination. By integrating Criminal Policy Theory and Routine Activity Theory, the study concludes that prevention requires both legal reform and community-based guardianship, including education, digital literacy, and tourism-sector monitoring. However, a gap persists between regulatory frameworks and enforcement, especially in informal tourism and online spaces, making current protection strategies largely reactive rather than preventive.