Jurnal Hukum Replik (JHR) provides a high-quality platform for academicians, legal researchers, and practitioners to publish original research and critical review articles with a primary focus on Indonesian procedural law. The journal emphasizes the study of civil, criminal, and administrative procedural law, as well as specialized courts, including juvenile, commercial, military, and religious courts. JHR particularly encourages research that explores practical implementation, procedural innovations, digitalization of court processes, and interdisciplinary approaches linking procedural law with technology, forensic science, public policy, or human rights. All contributions must provide novel insights, rigorous analysis, and clear relevance to the Indonesian judicial system, thereby advancing both theoretical understanding and practical application of procedural law. Jurnal Hukum Replik is published twice in March and September. The articles published in the Jurnal Hukum Replik have been through the Double-Blind Peer Review process by the eligible reviewer. JHR is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. The journal is registered in the CrossRef with Digital Object Identifier (DOI) prefix 10.31000/jhr. Journal Name : JHR (Jurnal Hukum Replik) Online ISSN : 2597-9094 Publisher : Fakultas Hukum Universitas Muhammadiyah Tangerang Editorial Address : Jalan Perintis Kemerdekaan, Cikokol Tangerang No.1/33, RT.007/RW.003, Babakan, Kec. Tangerang, Kota Tangerang, Banten 15118 (Gedung B.4.5) Telephone : +62 21 55793599 Email : jurnalhukumreplik@umt.ac.id
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Procedural Justice in the Criminal Enforcement of Illegal Online Lending through Electronic Evidence and Victim Protection
This study examines procedural justice in the criminal enforcement of illegal online lending through electronic evidence and victim protection. Illegal online lending does not merely raise issues of administration and consumer protection, but may also develop into a criminal offence when accompanied by threats, extortion, fraud, misuse of personal data, or dissemination of electronic information that harms victims. This study employs a normative legal research method using statutory, conceptual, case, and limited comparative approaches. The findings show that electronic evidence plays an important role in uncovering criminal acts related to illegal online lending because most perpetrators’ conduct leaves digital traces, such as threatening messages, communication recordings, screenshots, transaction histories, application data, and bank account numbers. However, electronic evidence must be obtained, secured, verified, and submitted lawfully in order to possess evidentiary value in criminal proceedings. In addition, victim protection must be positioned as part of a fair criminal process, as victims often suffer economic losses, psychological pressure, social threats, and misuse of personal data. This study affirms that procedural justice is necessary to balance the interests of law enforcement, victim protection, and respect for the rights of suspects. Keywords: illegal online lending, procedural justice, electronic evidence, victim protection, criminal procedural law.
Copyright (c) 2026 Nursarini Simatupang http://creativecommons.org/licenses/by-sa/4.0
The Application of the Dualistic Doctrine at the Investigation Stage under the 2025 Criminal Procedure Code
This article examines the application of the dualistic doctrine at the investigation stage under the 2025 Criminal Procedure Code and its implications for legal certainty and the protection of suspects’ rights within Indonesia’s criminal justice system. The dualistic doctrine, which emphasizes a clear separation between the criminal act and criminal liability, is analyzed as a theoretical framework that should guide investigators’ authority in determining suspect status and employing coercive measures. This study employs normative legal research with empirical reinforcement, using statutory, conceptual, and case approaches, complemented by an analysis of investigative practices and the pretrial mechanism. The findings demonstrate that although the 2025 Criminal Procedure Code has normatively accommodated the principles of the dualistic doctrine and due process of law, its implementation in investigative practice remains inconsistent, as reflected in the tendency toward premature designation of suspects and the disproportionate use of coercive measures. Such disregard for the dualistic doctrine results in weakened legal certainty, erosion of the presumption of innocence, and the emergence of legal suffering and social stigmatization for suspects, even in cases that ultimately do not lead to criminal conviction. This article argues that the dualistic doctrine is not only relevant as a doctrine of substantive criminal law, but also serves a strategic function in criminal procedural law as an operational principle that limits investigative power, strengthens the role of pretrial review, and preserves the legitimacy of the criminal justice system. Accordingly, the consistent internalization of the dualistic doctrine at the investigation stage under the 2025 Criminal Procedure Code constitutes an essential prerequisite for the realization of a fair criminal justice system that ensures legal certainty and is oriented toward the protection of human rights. Keywords Dualistic doctrine, investigation, Criminal Procedure Code 2025, suspect determination, criminal procedure law.
Waqf Disputes and Procedural Justice Through Proof of PledgesThe Status of Nazhir in Religious Courts
This study examines the resolution of waqf disputes in Religious Courts, focusing on proving the waqf pledge, the legal standing of the nazhir, and the application of procedural justice. Waqf disputes often arise due to disorderly waqf administration, weak evidence of the pledge, unclear status of the waqf object, or conflicting interests between the heirs, the nazhir, and the community. This study uses a normative juridical method with a statutory, conceptual, and case-based approach. The results of the discussion indicate that proving the waqf pledge plays a crucial role in determining the legal status of the waqf object. The Waqf Pledge Deed, waqf land certificate, witness testimony, and the use of the waqf object in the community can form the basis for the judge's considerations. Furthermore, the nazhir holds a crucial position as the party responsible for safeguarding and maintaining waqf assets, but their legal standing must still be legally tested. Procedural justice is necessary to ensure that all parties have an equal opportunity to present their arguments and evidence. This research confirms that procedural law in waqf disputes must provide legal certainty, justice, and benefits for the protection of waqf assets. Keywords: waqf disputes, waqf pledge, nazhir, procedural justice, Religious Courts.
Copyright (c) 2026 Faisal Faisal http://creativecommons.org/licenses/by-sa/4.0
Procedural Legitimacy in Electoral Dispute Adjudication: Assessing the Role of Constitutional Courts in Safeguarding Democratic Integrity
Procedural legitimacy in the resolution of electoral disputes constitutes a critical element in maintaining democratic integrity. This study examines the role of the Constitutional Court in ensuring compliance with legal norms, protecting citizens’ constitutional rights, and fostering public acceptance of electoral outcomes. Employing a qualitative method with a normative juridical approach, this research analyzes constitutional provisions, electoral laws, and the adjudicative practices of the Constitutional Court. The findings indicate that the Court has consistently applied principles of transparency, impartiality, participation, and accountability throughout its proceedings, thereby upholding normative legitimacy. However, a gap persists between normative and empirical legitimacy, particularly in relation to public perceptions of the complexity of judicial decisions and the potential for political bias. This study underscores that the effectiveness of procedural legitimacy is determined not only by legal compliance but also by the Court’s capacity to bridge public perception. Such capacity is essential to sustaining democratic integrity, ensuring the credibility of electoral outcomes, and preserving political stability. Keywords:Procedural legitimacy, Constitutional Court, electoral disputes, democratic integrity, constitutional law
Copyright (c) 2026 Jurnal Hukum Replik http://creativecommons.org/licenses/by-sa/4.0
Philosophical Reconstruction of the Concept of "Restoration of the Original State" in Article 79 Paragraph (1) of Law Number 20 of 2025 concerning the Criminal Procedure Code
The development of the global criminal justice system shows a paradigm shift from retributive justice to restorative justice, which places restoration as the primary orientation in resolving criminal cases. In the Indonesian context, restorative values have been alive in the tradition of customary law and the philosophy of Pancasila, but were marginalized by colonial legal formalism. Legal reform through the New Criminal Procedure Code, specifically Article 79 paragraph (1) of Law Number 20 of 2025, reintroduces the concept of "restoring the original state" as an instrument for protecting human rights and substantive justice. The problem is, without a philosophical reconstruction based on Pancasila values, the concept of restoration has the potential to be reduced to a material compensation mechanism that opens up space for the practice of "transactions of impunity" and inequality in social justice. This research uses a normative juridical method with an approach to vertical and horizontal synchronization of legal norms and is reinforced by scenario planning within a foresight method framework to project the implications of the application of norms in a reductive manner. The research findings indicate that restoration to the original state must be interpreted as a multidimensional process encompassing the restoration of human dignity, social relational balance, and the state's responsibility to protect citizens' rights. A Pancasila-based philosophical reconstruction is necessary for the concept of restoration to function as an authentic instrument of restorative justice in the modern Indonesian criminal justice system. Keywords: Philosophical Reconstruction, Restoration of the Original State, Article 79 Paragraph (1) of Law Number 20 of 2025.
Implementation of Community Participation in Environmental Protection Based on Law Number 32 of 2009 Case Study: Neighborhood Association (RT) 08, Community Association (RW) 04, Malaka Jaya, East Jakarta
Environmental protection is not only the government's responsibility, but the community must also be actively involved. And environmental damage is now a very crucial problem that shows the gap between the law in the text (law in the books) and the law in practice (law in action). Law Number 32 of 2009 concerning Environmental Protection and Management provides a clear scope for the community to participate in maintaining environmental sustainability, especially starting from the micro-level community. This study aims to analyze how local community participation in implementing environmental protection in RT 08 RW 04 Malaka Jaya, East Jakarta and find solutions to avoid problems and obstacles that arise. The method used is empirical juridical legal research with a qualitative descriptive approach and data collected through direct interviews with RT/RW administrators and residents, through observation of environmental conditions, and literature studies on laws and regulations and related literature. This study has shown that the community has been involved in environmental cleaning activities. The results show that residents of RT 08 RW 04 participate through regular and active initiatives that have transformed the environment into a good example. This participation emerged from strong local awareness and broad-minded, forward-thinking leadership. It's not just a formal legal obligation, but also a challenge in addressing the consistency of participation and the varying levels of awareness. This research concludes that effective community participation can create "living law," meaning environmental norms are internalized and implemented collectively beyond the boundaries of positive law. This success has proven that even the smallest communities can be a driving force for sustainable environmental protection
The Legal Dimensions of Communication in Hospital Settings: A Medicolegal Perspective
Communication in healthcare services is not merely a technical or interpersonal matter, but an integral part of the legal and ethical responsibilities of the medical profession. This article aims to examine the legal aspects of communication in hospitals through a normative and analytical approach. The discussion focuses on the classification of communication types (clinical and administrative), effective communication methods (SBAR and closed-loop), and the strategic role of medical records in documenting explanations and informed consent. By tracing the provisions of Law Number 17 of 2023 on Health, related ministerial regulations, and field practices, this paper shows that communication and documentation failures are among the main causes of medical disputes in Indonesia. It also identifies common documentation errors, such as incomplete information, undocumented explanations, or explanations delivered by unauthorized personnel. The article concludes that effective and well-documented communication not only protects patient rights but also strengthens the legal standing of medical professionals and hospitals. Reforming communication and documentation systems in healthcare facilities should be an integral part of quality improvement and legal protection strategies in medical practice.
Evidentiary Standards in Islamic Procedural Law: Reconciling Classical Fiqh with Modern Judicial Practices
This study examines the transformation of evidentiary standards in Islamic procedural law by analyzing the relationship between classical fiqh doctrines and contemporary judicial practices. Classical Islamic jurisprudence developed a structured evidentiary system consisting of testimony, confession, oath, and circumstantial indication, each grounded in principles of justice, reliability, and moral accountability. These standards reflect an epistemological approach that prioritizes predominant probability in establishing legal truth. However, the rapid development of modern legal systems, particularly through the use of documentary, forensic, and digital evidence, has created new challenges that require a reexamination of how evidence is defined and evaluated within Islamic courts. Using a doctrinal and conceptual approach, this study explores the extent to which classical evidentiary principles can accommodate contemporary forms of proof. The findings indicate that Islamic evidentiary law is inherently flexible and capable of adaptation through interpretive mechanisms rooted in its own legal tradition. In particular, the concept of circumstantial evidence provides a critical bridge for integrating modern evidentiary practices without undermining the normative foundations of Islamic law. This research proposes a reconciliatory framework that emphasizes the continuity of core legal values alongside methodological adaptation, supported by judicial reasoning and procedural standardization. The study concludes that the perceived tension between classical fiqh and modern judicial practice is not a structural incompatibility, but rather a reflection of the need for contextual reinterpretation. By articulating an integrated evidentiary paradigm, this research contributes to strengthening the relevance and functionality of Islamic procedural law in contemporary legal systems, particularly in jurisdictions that operate within pluralistic legal frameworks. The findings offer both theoretical and practical implications for the development of evidentiary standards that are consistent with the objectives of Islamic law while responsive to modern legal challenges. Keywords: Islamic procedural law, evidentiary standards, classical fiqh, modern judicial practices, legal reconciliation
Dualism of Criminal Procedural Law in the Handling of Corruption Crimes: A Study on the Relationship between the Corruption Eradication Commission and Conventional Law Enforcement Agencies
The dualism of criminal procedural law in the handling of corruption crimes in Indonesia is a consequence of legal policy that categorizes corruption as an extraordinary crime. The establishment of the Corruption Eradication Commission, endowed with special powers of investigation, inquiry, and prosecution, was intended to address the limitations of conventional law enforcement mechanisms under the Indonesian Criminal Procedure Code. However, in practice, the coexistence of these two criminal procedural regimes has generated normative and institutional issues that affect the coherence of the criminal justice system, the distribution of authority among law enforcement agencies, as well as legal certainty and the protection of suspects’ rights. This study aims to analyze the construction of criminal procedural law in corruption cases, the relationship of authority between the Corruption Eradication Commission and conventional law enforcement agencies, and the implications of procedural dualism for the principles of the rule of law. The research employs a normative legal research method, using statutory, conceptual, and literature-based approaches conducted through a systematic review of relevant legal materials. The analysis is grounded in the theories of lex specialis, authority, integrated criminal justice systems, legal certainty, due process of law, and procedural justice. The findings indicate that the dualism of criminal procedural law in corruption cases is not merely normative but also structural and institutional in nature. The absence of clear boundaries of authority and integrated coordination mechanisms between the Corruption Eradication Commission and conventional law enforcement agencies has the potential to fragment the criminal justice system. Furthermore, procedural differences in the handling of corruption cases undermine legal certainty and may weaken the protection of suspects’ rights. Therefore, this study emphasizes the urgency of harmonizing criminal procedural law in corruption cases to ensure that anti-corruption efforts remain effective while remaining consistent with the principles of legal certainty, procedural justice, and the protection of human rights. Keywords: Legal dualism, Corruption crime, Corruption Eradication Commission, Criminal justice system
Procedural Handling of Monopoly Practices and Unfair Business Competition Cases after the Enactment of Business Competition Supervisory Commission Regulation No. 2 of 2023
The enactment of Regulation No. 2 of 2023 issued by the Business Competition Supervisory Commission marks a significant reform in the procedural law governing the handling of monopoly practices and unfair business competition cases in Indonesia. This regulation restructures the procedural framework applied by the Business Competition Supervisory Commission, particularly with regard to case initiation, investigation, examination, adjudication, and the enforcement of administrative decisions. This study aims to examine the procedural implications of Regulation No. 2 of 2023 and its contribution to enhancing due process of law, legal certainty, and the effectiveness of competition law enforcement. This study employs a normative juridical method by analyzing statutory regulations, legal doctrines, and principles relevant to administrative adjudication and competition law procedures. The findings indicate that Regulation No. 2 of 2023 introduces clearer procedural stages and strengthens procedural safeguards, thereby promoting transparency and accountability in the handling of competition cases by the Business Competition Supervisory Commission. Nevertheless, several challenges remain, particularly concerning the balance between administrative efficiency and the protection of business actors’ procedural rights, including the right to defense and the right to a fair hearing. This study concludes that Regulation No. 2 of 2023 plays a crucial role in the development of procedural competition law in Indonesia. However, continuous evaluation and refinement are necessary to ensure consistency with fundamental principles of due process and good governance in competition law enforcement.
Environmental Protection as a Legal Obligation in Islamic Law: A Thematic Study of the Qur'an and Hadith
The environmental crisis in the form of natural disasters (flash floods) that occurred in several areas in Sumatra (West Sumatra, North Sumatra, and Aceh) at the end of this year has once again reminded us that Indonesia is a country highly vulnerable to hydrometeorological disasters. These events not only caused physical damage but also left trauma and profound loss for the community, including homes, jobs, and families. In facing this crisis, a spiritual approach through religious teachings, particularly Islam, is crucial. The Qur'an not only teaches ritual worship but also contains the principle of natural balance (mÄ«zÄn) and the prohibition of destroying the earth. This study aims to examine the concept of natural balance from a Qur'anic perspective through a thematic interpretation approach, as well as to analyze its relevance and implications for modern life. Using a qualitative method based on literature, this article examines Qur'anic verses related to environmental themes, the role of humans as caliphs, and ethical values in protecting the environment. The results of the study show that the Qur'an explicitly emphasizes the importance of maintaining environmental balance as part of the caliph's mandate on earth. The imbalance that occurs due to excessive exploitation and environmental damage constitutes a violation of divine values. In the context of modern life, these values are highly relevant as a foundation for ecological ethics in addressing the global environmental crisis. Therefore, strengthening spiritual awareness based on the Quran is crucial for developing an environmentally friendly and sustainable lifestyle.
The Implementation of The Negativa Non Sunt Probanda Principle in Indonesian Civil Litigation: An Analysis of Banten High Court Decision Number 109/PDT/2022/PT BTN
In the Indonesian legal system, civil procedural law pays great attention to the principles underlying decision making by judges in civil cases. One of the principles regulated in civil law is the principle of negativa non sunt probanda, which is often understood as the principle that states that "what is not proven is what does not need to be proven." This principle plays an important role in regulating the burden of proof in a civil dispute. In this thesis, the author will discuss the application of this principle in private lawsuits, with a case study of Civil Case Decision Number: 109/PDT/2022/PT BTN. The formulation of the research problem is how the implementation of the Negative Non Sunt Probanda Principle and it is possible to use Negative Non Sunt Probanda principle be used in private in Implementation as a jurisdiction. The research method used is normative legal research, including the case approach and the statute approach. Data sources were obtained from primary data include th 1945 Constitution of the Republic of Indonesia, Civil Code, HIR, RBg, Rv, and others. The secondary data can be in the form of explanations and/or understanding of scientific writing thoughts, scientific publications, and research related to the writing of this law. The results of this research show that the application of the principle of Negativa Non Sunt Probanda in the context of civil law, as seen in the decision in case number 109/PDT/2022/PT BTN, shows that the court firmly emphasizes that the burden of proof lies on the party making the claim. The principle of Negativa Non Sunt Probanda, which means "the negative does not need to be proven," has an important role in the application of civil law, especially in the context of litigation. Keywords: Negative Non Sunt Probanda Principle, Civil Case, Court Decisions
Dynamics of Omnibus Law Formation: Between Legislative Efficiency and Potential Legal Chaos
The Omnibus Law method represents a novel approach in the Indonesian legislative framework, initially embodied in Law Number 11 of 2020 on Job Creation. This method unify diverse sectoral regulations into a singular legal framework to enhance economic growth and streamline investment processes. However, it faces substantial criticism regarding its legitimacy, notably for inadequate public participation and potential legal ambiguities that may arise from overlapping norms. The integration of the Omnibus Law, influenced by common law traditions, presents compatibility challenges within Indonesia's civil law system, which emphasizes a hierarchical legal structure. The absence of explicit procedures for enacting Omnibus Laws in existing legislation has resulted in fears of legal uncertainty and procedural violations, particularly manifest in the rapid and non-inclusive passage of the Job Creation Law. Critics caution that this approach undermines democratic processes by lacking transparency and public input, as evidenced by widespread protests reflecting public discontent. Additionally, the consolidation of various regulations raises concerns regarding interpretative conflicts and implementation difficulties, posing risks to compliance and governance efficiency. The Constitutional Court has deemed the law "conditionally unconstitutional," underlining its procedural shortcomings. Despite these issues, the Omnibus Law holds potential for simplifying complex regulations and fostering investment, contingent upon enhanced transparency, accountability, and public engagement. Consequently, while the Omnibus Law method could significantly reform Indonesia's legislative landscape by providing adaptive solutions for contemporary challenges, its successful implementation necessitates careful formulation and a commitment to preserving justice and equity within the legal process.
Copyright (c) 2025 JHR (Jurnal Hukum Replik)
Urgency Of Fulfilling Sexual Rights For Prisoners Perspective Of The Non-Discrimination Principle
The unfulfilled sexual rights for prisoners cause problems related to potential such as psychological shocks, sexual violence between fellow prisoners, high divorce rates for married prisoners, besides that the absence of sexual rights for prisoners in laws and regulations in Indonesia violates the principle of non-discrimination for prisoners so it needs to be studied in the perspective of human rights, especially sexual rights for prisoners. The method used is normative juridical with a doctrinal approach. The results showed that the urgency of regulations related to sexual rights for prisoners so that there is fulfillment of sexual rights that do not injure the principle of non-discrimination for prisoners so that legal certainty related to sexual rights for prisoners can minimize psychological shocks, sexual violence between fellow prisoners, high divorce rates for married prisoners. Keywords: Rights, Sexual, Prisoner
The Relationship Between Civil Society Movements and Political Parties In The Legal Politics Of Legislation In Indonesia
Public participation in the formulation of laws and regulations constitutes a crucial element in realizing the principles of a democratic rule of law in Indonesia. Although regulatory frameworks such as Law No. 12 of 2011 guarantee the principle of openness and the right of citizens to engage in the legislative process, practical implementation often reveals that public participation remains largely procedural and fails to meaningfully influence substantive decision-making. This study aims to elaborate on the concept of meaningful participation within the legislative framework and to analyze the relational model between civil society movements and political parties in Indonesia’s legislative process. The research employs an empirical legal methodology, utilizing statutory, conceptual, and sociological approaches. The findings indicate that the relationship between civil society movements and political parties in Indonesia’s legislative process is complex and heterogeneous, depending on political context, advocacy issues, and the power as well as strategies of the actors involved. On one hand, collaborative relations may emerge when shared visions and interests exist—such as in the enactment of the Law on the Crime of Sexual Violence (UU TPKS) and the Law on Personal Data Protection (UU PDP)—where public participation has positively influenced policy substance. On the other hand, confrontational relations often arise when political parties disregard civil society aspirations, as observed in the legislative processes of the Omnibus Law on Job Creation and the revision of the Military Law, both of which were marked by limited transparency and minimal public dialogue.
Access To Justice for Vulnerable Groups in Ptun Procedures Procedural Obstacles and Legal Solutions
Access to justice is not just a situation or goal to be created, but also a process, a description of the conditions expected from the implementation of access to justice in the Indonesian context, basically, is that the State guarantees the fulfillment of basic human and citizen rights based on the 1945 Constitution, groups of people who are able and vulnerable groups of people, including the elderly, children, the poor, pregnant women and people with disabilities. By using a normative legal approach method, namely examining law within the scope of literature studies and using qualitative research specifications, the data analysis that the author conducted was a qualitative data analysis-legal analysis based on the nature of descriptive research, using primary data and secondary data types that include primary legal materials, secondary legal materials, and tertiary legal materials. The results of the research that the author obtained were that there are procedural obstacles faced, such as procedural costs that burden vulnerable groups, and not everyone knows the prodeo (free) filing procedure, the complexity of procedures including writing lawsuits, up to the 90-day deadline, and administrative legal standing is often rejected due to incompleteness. The absence of systematic legal assistance, e-court only supports technology-savvy communities, the lack of interpreters, special assistants, and the absence of affirmative instruments explicitly regulating the protection of vulnerable groups in PTUN procedures.
The Status of Children Born Out of Wedlock in Relation to Guardianship and Inheritance Post-Constitutional Court Decision
Constitutional Court Decision Number 46/PUU-VIII/2010 has brought significant changes to the legal status of children born out of wedlock, particularly concerning guardianship and inheritance rights. This study aims to analyze the juridical implications of the decision on the civil rights of children born out of wedlock, especially in terms of guardianship and inheritance. The research employs a normative juridical method with a legislative and judicial decision approach, complemented by analysis of legal doctrines and relevant case studies. The findings indicate that following the Constitutional Court ruling, children born out of wedlock who can demonstrate biological ties to their fathers through scientific and technological evidence and/or other legally recognized proofs, are entitled to recognized civil rights, including guardianship and inheritance rights. Nevertheless, practical implementation continues to face challenges, primarily regarding the proof of biological relationships and social acceptance. Therefore, there is a need for regulatory harmonization and a more progressive understanding by law enforcement officers in upholding the rights of children born out of wedlock post-Constitutional Court ruling. Keywords: Children born out of wedlock, guardianship, inheritance, Constitutional Court decision, civil rights.
Copyright (c) 2021 Jurnal Hukum Replik http://creativecommons.org/licenses/by-sa/4.0
A Critical Examination of the Electronic Evidence Mechanism in Indonesian Procedural Law
The digital era has profoundly transformed the Indonesian judicial system, particularly in the realm of evidentiary law. The emergence of electronic evidence such as digital documents, online communications, and electronic transactions has enriched the evidentiary framework while simultaneously presenting significant challenges concerning authenticity, integrity, and admissibility. Although the Electronic Information and Transactions Law formally recognizes electronic evidence, inconsistencies arise due to its disharmony with procedural codes such as the Criminal Procedure Code, Het Herziene Indonesisch Reglement (HIR), and Rechtsreglement Buitengewesten (RBg), which remain oriented toward conventional forms of proof. This normative-comparative legal study employs statute, case, and comparative approaches, analyzing Indonesian regulations, judicial decisions, and international standards including the UNCITRAL Model Law, the EU e-Evidence Regulation, and practices in the United States and Singapore. The findings reveal that Indonesia’s regulatory framework remains fragmented, lacking uniform technical standards, forensic capacity, and judicial readiness to effectively assess electronic evidence. Comparative analysis demonstrates that advanced jurisdictions have developed integrated mechanisms such as electronic discovery (U.S.), technology courts (Singapore), and trust service regulations (EU), which ensure greater certainty and reliability. The study argues for comprehensive reform through harmonization of procedural laws, establishment of clear forensic and authentication standards, enhancement of judicial and law enforcement capacity, and adoption of best practices in line with global developments. Strengthening the electronic evidence mechanism is crucial to safeguard legal certainty, fairness, and due process in Indonesia’s judicial system. Keywords: Electronic Evidence, Indonesian Procedural Law, Digital Forensics, Fair Trial, Legal Reform
Criminal Responsibility for Perpetrators of Child Assault (Analysis of Decision Number 2784/Pid.B/2021/Pn Mdn)
This paper examines the issue of criminal liability in cases of group assault resulting in child victimization, with reference to Court Decision No. 2784/Pid.B/2021/PN Mdn. Utilizing a normative juridical method and a descriptive approach, the study finds that the criminal act of violence against a child occurred within the context of a youth brawl. The analysis of the court's decision establishes that the defendant committed physical violence causing injury to the child. The court found the defendant guilty of violating Article 80(1) of Law of the Republic of Indonesia No. 35 of 2014, which amends Law No. 23 of 2002 on Child Protection, and sentenced the defendant to imprisonment. The findings underscore the necessity of effective law enforcement in cases of violence against children and call for comprehensive legal protection for child victims. Keywords: criminal liability, group assault, child violence
LEGAL ANALYSIS OF INHERITANCE DISPUTE SETTLEMENT FROM THE PERSPECTIVE OF CIVIL LAW AND CHINESE CUSTOMARY LAW (Study of Decision No. 54/Pdt.G/2020/PN.Mdn Jo Decision No. 22/Pdt/2021/PT MDN Decision Jo No.3539 K/Pdt/2022)
This research analyzes the resolution of inheritance distribution disputes from the perspective of civil law and Chinese customary law through a case study of Decision No. 54/Pdt.G/2020/PN.Mdn Jo Decision No. 22/Pdt/2021/PT MDN Decision Jo No.3539 K/Pdt/2022. Using normative legal research methods, this study examines the position and rights of heirs between men and women according to the Indonesian Civil Code (KUHPerdata), which is egalitarian with equal distribution as regulated in Article 852, while Chinese customary law gives men a higher position due to their responsibility towards ancestors. The inheritance dispute in this case was resolved through litigation in court because family deliberation did not reach an agreement. The panel of judges decided on equal inheritance distribution (1/3 for each heir) based on the provisions of Article 852 of the Civil Code, ignoring Chinese customary traditions that give a larger portion to male children. This research shows that although the Chinese community can use civil inheritance law, in practice there are still conflicts between customary norms and the applicable positive law
The Legal Psychology Approach in Handling Juvenile Delinquency (An Analysis of the Causes of Legal Violations Among Juvenile Offenders at the Cileungsi Social Institution)
The changing times and the development of children significantly influence their behavior, ultimately raising concerns among perpetrators, victims, parents, and the broader community. Adolescents are particularly vulnerable to social and psychological pressures, which often affect their decisions and actions. Juvenile delinquency reflects non-compliance with prevailing rules and norms, whether within the family, school, community, or the individual themselves. Therefore, it is essential to instill these norms in adolescents from an early age to foster proper understanding. This study aims to identify adolescents in conflict with the law from the perspective of legal psychology. The research employs a normative juridical approach, with qualitative data analysis conducted through a literature review. The study involves examining, understanding, identifying, and recording literature, legislation, and relevant data concerning the issues under investigation. The findings indicate that addressing juveniles in conflict with the law requires a specific legal psychology approach to analyze the underlying causes of offenses and the contributing factors leading adolescents to become juvenile offenders. Keywords: Children, Juvenile Delinquency, Psychology in Law.
Banking Default Not Disburse Deposits Of Deceased Customers Analysis Of Decision No. 201/PDT.G/2018/PN MDN
This research examines the issue of banks refusing to disburse joint deposits by analyzing Medan District Court Decision Number 201/Pdt.G/2018/PN Mdn through a normative juridical approach. The main findings indicate that the absence of explicit regulations in legislation regarding banking authority in disbursing joint deposits causes banks to implement varied internal policies. In the case studied, the bank refused disbursement due to incomplete requirements and unclear legal relationship between the plaintiff and the deceased customer, although heirs should legally receive protection as consumers of banking services. This research highlights the importance of clearer regulations to protect customer interests in banking transactions
International Humanitarian Law Amid The Gaza Crisis: Power Asymmetry, Civil Violations, and Global Accountability Imbalance
The Israel–Palestine conflict is one of the longest-standing conflicts that has drawn significant international attention, especially concerning the application of International Humanitarian Law (IHL). This article aims to analyze the dynamics of implementing core IHL principles, such as the principles of proportionality, distinction, and the protection of civilians, in the ongoing armed conflict in the Gaza Strip and West Bank. Through a qualitative approach with document analysis of official reports from the UN, ICRC, and international NGOs, various violations of IHL norms were identified, which had a significant impact on civilians, including attacks on medical facilities, schools, and restrictions on humanitarian access. Additionally, this article highlights enforcement challenges, such as politicization at the UN Security Council and the weakness of international sanctions mechanisms. The findings underscore the importance of strengthening the international legal system and the role of the global community in promoting accountability and civilian protection. This article is expected to contribute academically to contemporary discussions on humanitarian law and human rights in conflict zone. Keywords: International Humanitarian Law, Israel–Palestine, Civilians, Human Rights Violations, Armed Conflict.
Notary Authority in Providing Legal Consultation Outside Of Notary Deeds: In Compliance With The Code of Ethics and Social Responsibility of Notaries
This research examines the role of notaries in providing legal counseling and legal consultation as a manifestation of the social responsibility of the legal profession. Using normative juridical research methods with descriptive analytical approaches that rely on secondary data and literature study techniques, this research finds that notaries have a strategic role in creating legal awareness in society through legal counseling that is collective, preventive, and educative, as well as legal consultation that is individual and curative. However, the research results show that there is normative ambiguity regarding notaries' authority in providing legal consultation, where formally notaries are only authorized to provide legal counseling in the context of deed preparation, but in practice they often provide legal consultation free of charge as a form of social responsibility. This research concludes that clearer and more definitive regulations are needed to provide legal certainty regarding the limits of notaries' authority in providing legal consultation, so as to strengthen the position of notaries as public servants in the field of law without violating professional ethics. Keywords: Notary, legal consultation, notarial deed.
Authority of the Commercial Court in Settling Trademark Rights Disputes
Trademark rights are regulated in Law No. 20 of 2016 concerning Trademarks and Geographical Indications. According to Law No. 20 of 2016 concerning Trademarks and Geographical Indications, to obtain rights to a trademark, the trademark must be registered with the Directorate of Trademarks of the Ministry of Law and Human Rights of the Republic of Indonesia according to the constitutive system, in other words, to obtain legal protection for trademark rights, the trademark must be registered by its owner with the Trademark Directorate and after being officially registered in the name of the owner, a trademark certificate will be issued. Law No. 20 of 2016 concerning Trademarks and Geographical Indications, specifically in Article 21 paragraph (1) letters b and c, Article 83 paragraph (2), and reinforced by the Explanation of Article 21 paragraph (1) letter b, Explanation of Article 76 paragraph (2), and Explanation of Article 83 paragraph (2). Indonesia adopts a Trademark registration system with a constitutive system. This system requires trademark registration so that a trademark can receive protection, this system is also known as the first to file system. The applicable procedural law in the process of filing a dispute in the field of intellectual property rights is the Civil Procedural Law as with the civil procedural law in civil cases handled by the District Court in the general judicial body environment. The process of filing a lawsuit for an intellectual property rights dispute has been regulated through laws and regulations in Indonesia, in accordance with the provisions of the applicable law on each intellectual property right, where the lawsuit is processed through the Commercial Court
Forgery of Sale and Purchase Deeds on The Basis of Debt Receivables (Decision Study No. 10/Pid.B/2019/PN.Lbj)
In the Indonesian legal system, debt agreements that transform into ownership transfers can create serious legal problems, particularly regarding potential document forgery crimes. Generally, this issue arises when creditors unilaterally create transfer deed documents for debt collateral objects without valid consent from debtors, especially when done through public officials such as PPAT (Land Deed Making Officer) in the form of Sale and Purchase Deeds. Based on this normative legal research which analyzes various aspects ranging from the formulation of document forgery crimes in the Criminal Code, the relationship between creating land sale and purchase deeds with forgery crimes, to judicial considerations in concrete cases, it was found that perpetrators of sale and purchase deed forgery can be sentenced to a maximum of 8 years imprisonment, and to prove the existence of forgery in deed creation requires strong evidence in court proceedings, as seen in Decision No. 10/Pid.B/2019/PN.Lbj which was ultimately declared time-barred due to exceeding the prosecution time limit
Decentralization and Corruption: Policy and Legal Study on the Effectiveness of Local Financial Oversight
Decentralization in Indonesia aims to enhance the autonomy and efficiency of local governments in managing finances and public services. However, in practice, decentralization also creates opportunities for budget misappropriation and corruption due to weak oversight systems. This study analyzes the effectiveness of legal policies in local financial oversight using a juridical-normative approach and compares the implementation in regions with high levels of corruption and those with more effective oversight mechanisms. The analysis reveals that although regulations such as Law No. 23 of 2014 on Regional Government and Law No. 17 of 2003 on State Finance establish principles of transparency and accountability, their implementation faces challenges, including weak inter-agency coordination, political interference, and limited human resources. Efforts to enhance transparency through e-budgeting and e-procurement have been introduced but remain partially effective due to technical and infrastructure-related issues. Â A comparative study with South Korea and Finland demonstrates that the success of local financial oversight relies heavily on the integration of digital systems, the independence of oversight institutions, and a strong culture of governance integrity. Therefore, Indonesia must strengthen regulatory reforms, optimize the implementation of more transparent and integrated digital technologies, and ensure that decentralization operates in an accountable manner without creating opportunities for corrupt practices that hinder regional development. Keywords: Decentralization, corruption, local financial oversight, legal policy, e-budgeting, blockchain.
Criminal Liability for People of Physical Abuse by Children
This research is driven by the growing issue of physical bullying, where diversion efforts have proven ineffective in deterring perpetrators. The study aims to examine and analyze the legal protection provided to child victims of physical bullying and the criminal liability of child perpetrators. This research employs a normative juridical method, utilizing both statutory and conceptual approaches. The findings reveal that legal protection must be afforded to children who fall victim to criminal acts, including physical bullying. In offering such protection, it is essential to uphold principles of non-discrimination, the best interests of the child, the child’s right to survival and development, and respect for the child’s views. Furthermore, child victims of physical abuse may seek restitution from the perpetrator. The author argues that imprisonment can serve as an effective deterrent for child perpetrators, as they meet the criteria for criminal responsibility. However, diversion is more suitable for minor offenses or crimes involving damage to property. Keywords: Criminal Liability, Physical Abuse, Children
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Legal Protection of Regional Local Potential Through Registration of Geographical Indications of Ponda Mats to Strengthen the Community Economy In Buton Regency
The character of geographical indications from the provisions of international law refers to the area of the object of geographical indications. The purpose of this research is to find the characteristics of Ponda Wasampela Mats so that they have the potential to meet the criteria to be given legal protection as a geographical indication product and analyze the local government's efforts in encouraging legal protection of Ponda Wasampela Mats as geographical indication products. This research uses the type of Socio-Legal Legal Research. The legal approach taken is the legislation approach, concept approach and case approach. The results showed that the Ponda Wasampela mat has met the criteria to be submitted for registration of geographical indications, this is reflected in the aspect of reputation, namely that it has been used during the Buton Sultanate era in traditional rituals of marriage, death events, from the aspect of quality, namely the raw material of the mat (pandan leaves) used, raw materials (dyes and seawater), leaf drying techniques, shapes / motifs, weaving techniques, the level of neatness, and the quality of the resulting mats, aspects of characteristics namely Pandanus duri leaves (as raw material), dyes (as coloring materials), economic aspects namely Ponda Wasampela Mats currently have a selling price in the range of IDR. 50,000 (fifty thousand rupiah) and has been marketed both locally and nationally. While the government's efforts in order to encourage Ponda Wasampela Mats in geographical indication registration are the local government of Buton Regency needs to initiate commitment and efforts in carrying out supervision and guidance in encouraging Ponda Wasampela Mats to be submitted for Geographical Indication registration
Elections in Baduy Land Harmonizing Democracy with Indigenous Wisdom
The 2019 election was a strategic moment in Indonesian democracy, particularly with the implementation of simultaneous elections encompassing the selection of the President and Vice President, as well as members of the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council. In the context of human rights, elections serve as a means of fulfilling the political rights of all citizens, including indigenous communities such as the Baduy. However, the electoral process within this indigenous community faced challenges stemming from differences between national law and customary law. Several key obstacles in organizing elections in the Baduy community included the rejection of electronic Identity Card registration, restrictions on election socialization and campaigning, the determination of polling station locations based on customary spiritual guidance, the prohibition of electricity usage during the voting process, and limited education affecting the recruitment of polling station officers. Efforts by electoral organizers, such as the General Election Commission, the Election Supervisory Agency, and the National Commission on Human Rights, to safeguard the political rights of indigenous communities were conducted through a deliberative approach with indigenous leaders. Several compromises were reached, including voter registration based on village records without requiring electronic Identity Card ownership, the distribution of polling stations across 12 locations to improve accessibility, and the use of emergency lighting for vote counting. Meanwhile, challenges in limited education affecting the recruitment of polling station officers recruitment were addressed through a hybrid system that included both Baduy Luar (Outer Baduy) community members and non-Baduy individuals to meet the required administrative and literacy standards. The implementation of the 2019 election in the Baduy indigenous community demonstrated that electoral law can be applied flexibly while still respecting indigenous values without disregarding the principles of inclusivity and non-discrimination. Through a dialogue-based and compromise-driven approach, the election was conducted smoothly, achieving a participation rate of 70%, an increase from the 2018 local election. This electoral model, which respects local wisdom, can serve as a reference for ensuring the political rights of other indigenous communities in Indonesia. Keywords: 2019 Election, Baduy indigenous community, electoral law, political rights, customary law, discrimination, political participation.