JUSTISI
type: channel
description: Journal title JUSTISI Initials JS Frequency 3 issue per year | January- May - September DOI 10.33506 E-ISSN 2686-0821 P-ISSN 1979-7532 Editor-in-chief Wahab Aznul Hidaya Publisher Faculty of Law, Universitas Muhammadiyah Sorong Citation Google Scholar | DOAJ | Sinta | Garuda JUSTISI Journal is a Law Journal published by the Faculty of Law, University of Muhammadiyah Sorong (UNAMIN) with (p-ISSN: 1979-7532, e-ISSN: 2686-0821). The purpose of the JUSTISI Journal is as a means to improve research for academics and legal practitioners in accordance with National Standards. JUSTISI is published three times a year, in January, May and September. JUSTISI focuses on the study of legal issues in Indonesia and internationally which include State Administration Law, Criminal Law, Civil Law, International Law, Procedural Law, Customary Law, Business Law, Legal Comparison, Environmental Law, Information Technology Law and Electronic Transactions, and Human Rights Law. Based on the Decree of the Director General of Higher Education, Research and Technology of the Ministry of Education, Culture, Research and Technology of the Republic of Indonesia Number 0041/E5.3/HM.01.00/2023 concerning Notification of Scientific Journal Accreditation Results for Period III of 2022, in 2023 JUSTISI Journal was ranked III (SINTA 3) National Journal Accreditation.
publisher: Fakultas Hukum Universitas Muhammadiyah Sorong
language: en-US
publication name: JUSTISI
issn: 1979-7532
items: Reading the Character of the Pata Dela Customary Law in Sustainable Forest Management and Food Security of the Ngadhu Bhaga Community
items: Reassessing Trade Unions’ Role in Achieving Fair Industrial Relations
items: Rethinking Dispute Resolution: Moi Customary Law within Indonesia’s Legal Pluralism
items: The Indonesian economic Constitution from the perspective of Franz Böhm and Walter Eucken for a just Market
items: Greed as the Root of Organized Crime: A Criminological Analysis of Fuel Adulteration Practices in the Oil and Gas Sector
items: Cultural-Based Dispute Resolution in the Kankain Karkara Mananwir System of the Byak Community in Papua
items: The Role of the Srikandi Tani 09 Women Farmers Group in Fulfilling the Right to a Healthy Environment
items: Corporate Criminal Liability in Tax Offenses
items: Legal Effectiveness of E-Purchasing Implementation in Government Procurement: An Empirical Study from fhe Perspective of Transparency and Fairness in Indonesia
items: From Contractual Breach to Corporate Criminal Liability: Exploitation of Debtor Data by Account Officers in Indonesia
items: Reconceptualizing Legal Protection for Drug Addicts: A Restorative Justice Perspective in Indonesia
items: Legal Vacuum in Deferred Prosecution Agreements and Its Implications for Law Enforcement Disparity in Indonesia
items: The Existence of the Noken System in Simultaneous Elections in Pisugi District, Jayawijaya Regency
items: The Authority of the Public Notary to Include Fingerprint Documents in Deeds to Prevent Document Forgery
items: Restoration of Property Rights over Destroyed Land: Comparative Legal Analysis of Indonesia and the Philippines
items: Reconsidering the 30% Gender Quota: A Feminist Legal Analysis of Women's Parliamentary Representation in Indonesia
items: Diversion and Juvenile Narcotics Sentencing: Indonesia and Japan Comparison under Pancasila Justice
items: Fulfillment of the Rights of Persons with Disabilities in Yogyakarta Under DIY Regional Regulation No. 4 of 2012
items: Digital Governance and the AUPB: A Legal Analysis of the Implementation of the SIPD in Raja Ampat
items: Criminal Liability of Those Who Disseminate Pornographic Content from the Perspective of the Law on Information and Electronic Transactions

Reading the Character of the Pata Dela Customary Law in Sustainable Forest Management and Food Security of the Ngadhu Bhaga Community
type: item
description: This study aims to discover legal characteristics, namely behavioral norms in pata dela, particularly those related to sustainable forest development and food security. The method used in this study is empirical legal research conducted in Rakalaba Village, West Golewa District, Ngada Regency, East Nusa Tenggara Province. The approaches used in this study are legal sociology, philosophy, legal history, and conceptual approaches. The data used in this study are primary and secondary data. The data were processed and then analyzed using descriptive qualitative methods. The novelty of this study focuses on the character of legal norms, namely the commands and prohibitions contained in the local wisdom of pata dela. These legal norms serve as guidelines for realizing sustainable forestry development that has an impact on food security. The results of the study show that the Ngadhu bhaga customary law community has an oral tradition called pata dela or ancestral teachings. Pata dela contains primary legal norms, namely commands marked with the word bodha, which means mandatory. In addition, pata dela also contains prohibitions marked with the word ma'e, which means forbidden. Pata dela plays a role in sustainable forest development based on customary law. For example, in the command “Bodha sepe ne'e de kenge, latu ne'e de kabu” and the prohibition “Ma'e rawu dhapi kabu, ma'e sa'a dhapi tara”. Through this oral tradition, the community can ensure that plants continue to grow. Pata dela also has implications for realizing food security for the Ngadhu Bhaga community. It contains commands and prohibitions that reflect an ecological understanding that food crops must be sustained so that they remain available over time. Food security is not only a matter of the availability of food at present, but also a guarantee that future generations will continue to have access to quality food sources. Conclusion of this study is that Pata dela contains primary legal norms that include …
creator: Maria Theresia Geme
creator: Ferdinandus Ngau Lobo
creator: Benediktus Peter Lay
creator: Mary Grace Megumi Maran
rights: Copyright (c) 2026 Maria Theresia Geme, Ferdinandus Ngau Lobo, Benediktus Peter Lay, Mary Grace Megumi Maran https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-10
publication date: 2026-03-10
volume: 12
number: 2
starting page: 345
ending page: 366
doi: 10.33506/js.v12i2.5066

Reassessing Trade Unions’ Role in Achieving Fair Industrial Relations
type: item
description: This study aims to analyze the role of labor unions in achieving industrial relations justice in Indonesia and to identify whether the legal issues that arise stem from weaknesses in the norms or from the effectiveness of implementing the norms of freedom of association. This study uses a normative-conceptual legal method by examining constitutional provisions, labor laws and regulations, ILO conventions, as well as industrial relations theory and theories of justice. Data were obtained through a literature review encompassing primary, secondary, and tertiary legal sources, and were then qualitatively analyzed to assess the effectiveness of trade unions’ role within the national labor law system. The novelty of this research lies in the assertion that the primary issue in achieving industrial relations justice does not stem from a lack of legal norms, but rather from the gap between the normative guarantees of freedom of association and their implementation in industrial relations practice. The results of the study indicate that, normatively, the legal framework regarding freedom of association and the role of labor unions is adequate. Trade unions serve as providers of legal protection, balancers of bargaining power in collective bargaining, and facilitators of tripartite social dialogue. However, the effectiveness of these roles still faces obstacles in the form of limited institutional capacity, organizational fragmentation, increasing flexibility in employment relationships, and suboptimal law enforcement. The conclusion of this study is that efforts to improve industrial relations justice must be directed toward strengthening the effectiveness of the implementation of freedom of association norms through institutional strengthening of labor unions, consistent labor oversight, and the state’s commitment to ensuring substantive protection of the right to organize.
creator: Panji Purnomo Adhi
creator: Naning Indriyawati
creator: Basuki Tri Setiawan
creator: Dara Puspitasari
rights: Copyright (c) 2026 Panji Purnomo Adhi, Naning Indriyawati, Basuki Tri Setiawan, Dara Puspitasari https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-27
publication date: 2026-03-27
volume: 12
number: 2
starting page: 367
ending page: 385
doi: 10.33506/js.v12i2.5261

Rethinking Dispute Resolution: Moi Customary Law within Indonesia’s Legal Pluralism
type: item
description: This study aims to analyze the process of resolving customary land disputes among the Moi indigenous community and to identify the obstacles faced within the framework of legal pluralism in Indonesia. This study employs a normative legal research approach (doctrinal legal research), focusing on the analysis of legal norms, principles, and doctrines related to customary law and national law. Data were collected through literature review, including primary, secondary, and tertiary legal materials, and analyzed using a qualitative normative method with interpretive and comparative approaches. The novelty of this study lies in the development of a reimagined dispute resolution approach by integrating Moi customary law into the discourse of Indonesian legal pluralism, which highlights normative and socio-cultural dimensions. The results of the study indicate that dispute resolution among the Moi community prioritizes non-litigious mechanisms based on deliberation, the principles of restorative justice, and local wisdom values, with the Customary Institution (LMA Malamoi) playing a central role. However, this process faces significant obstacles, including emotional factors, low legal awareness, unclear land boundaries, overlapping ownership claims, and external intervention. This study concludes that while customary mechanisms are effective in maintaining social harmony, their interaction with the formal legal system poses challenges within the context of legal pluralism. Therefore, harmonization between customary law and state law, strengthening customary institutions, and enhancing public legal awareness are crucial for achieving fair, effective, and sustainable dispute resolution.
creator: Rajab Lestaluhu
creator: Sokhib Naim
creator: Cintia Dwi Puspita
creator: Sayed Husaini
creator: Wahab Aznul Hidaya
rights: Copyright (c) 2026 Rajab Lestaluhu, Sokhib Naim, Cintia Dwi Puspita, Sayed Husaini, Wahab Aznul Hidaya https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-04-02
publication date: 2026-04-02
volume: 12
number: 2
starting page: 386
ending page: 399
doi: 10.33506/js.v12i2.4872

The Indonesian economic Constitution from the perspective of Franz Böhm and Walter Eucken for a just Market
type: item
description: This study aims to reconstruct the implementation of Article 33 of the 1945 Constitution through the framework of Ordnungspolitik developed by Franz Böhm and Walter Eucken. The study is grounded in the existence of imbalances in the normative, institutional, and functional dimensions of Indonesia’s economic system, which hinder the realization of the principles of solidarity and social justice. This study uses a normative legal methodology with a conceptual and comparative approach to legal thought. The analysis examines the comprehensive text of the amendments to the 1945 Constitution, sectoral regulations (such as the Job Creation Law and the Mining and Energy Law), as well as Constitutional Court rulings related to the economy. Data is analyzed qualitatively to align the principles of the German economic order (Ordoliberalism) with the values of the Indonesian Constitution. The novelty of this study lies in offering a new interpretive model for Article 33 of the 1945 Constitution by positioning the state as the architect of the market order (rather than merely a passive actor or regulator). Its innovation lies in integrating the substantive rule of law of Ordnungspolitik to limit the concentration of private economic power, which often distorts the constitutional mandate. The results show that Ordnungspolitik provides operational instruments for Indonesia to achieve distributive justice through two main channels: (1) strengthening the independence of competition oversight agencies to the level of constitutional institutions, and (2) codifying economic laws that guarantee market access rights for small businesses. This interpretation shifts the paradigm of Article 33 from mere symbolism regarding “cooperatives” to a binding norm that obligates the state to undertake structural interventions to maintain market integrity. The conclusion is that integrating the principles of Ordnungspolitik into the national legal system can serve as a solution to Indonesia’s economi…
creator: Nurul Fazri Elfikri
creator: Muhamad Khairun Kurniawan Kadir
creator: Mohamad Hidayat Muhtar
creator: Sofyan Piyo
creator: Fitran Amrain
creator: Zainal Abdul Aziz Hadju
rights: Copyright (c) 2026 Nurul Fazri Elfikri, Muhamad khairun kurniawan kadir, Mohamad Hidayat Muhtar, Sofyan Piyo, Fitran Amrain, Zainal Abdul Aziz Hadju https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-04-10
publication date: 2026-04-10
volume: 12
number: 2
starting page: 400
ending page: 420
doi: 10.33506/js.v12i2.4769

Greed as the Root of Organized Crime: A Criminological Analysis of Fuel Adulteration Practices in the Oil and Gas Sector
type: item
description: This study aims to analyze the practice of fuel adulteration as a form of organized economic crime that arises from social relationships and power structures within the management of the oil and gas sector. The research method employed is a normative legal approach, utilizing a literature review through the analysis of regulations, legal references, as well as criminological theory and moral philosophy. The novelty of this study lies in the reinterpretation of the concept of greed, which is not merely viewed as an individual psychological drive but also as a moral element that transforms into systemic crime through economic and political mechanisms. The findings of this study indicate that: (1) the practice of fuel adulteration reflects low moral integrity in the management of the oil and gas sector; (2) the existing oversight and law enforcement systems have failed to halt the chain of crime; and (3) this crime is systemic in nature because it is supported by a pattern of negligence and a structured network of interests. The study concludes that addressing fuel blending crimes requires an integrated approach that focuses not only on punishing perpetrators but also on structural reforms in legal governance and strengthening public ethics to prevent the recurrence of similar crimes.
creator: Nisa Azkira
rights: Copyright (c) 2026 Nisa Azkira https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-04-12
publication date: 2026-04-12
volume: 12
number: 2
starting page: 421
ending page: 443
doi: 10.33506/js.v12i2.5201

Cultural-Based Dispute Resolution in the Kankain Karkara Mananwir System of the Byak Community in Papua
type: item
description: This study aims to examine the culturally based dispute resolution system known as Kankain Karkara, administered by the Mananwir customary institution within the Byak community in Biak, Papua, and to analyze its role in restoring social harmony amid the coexistence of formal and customary legal systems, including in disputes involving migrants. This study uses a legal anthropology approach through participant observation and in-depth interviews with customary authorities and community members, both indigenous residents and migrants. The analysis is grounded in the framework of legal pluralism and the concept of semi-autonomous social fields to examine the relationship between state law and customary law in dispute resolution practices. The novelty of this research lies in the finding that the Kankain Karkara system is not confined to homogeneous customary communities but operates as an inclusive and restorative mechanism capable of integrating migrants as subjects of dispute resolution through reconciliation processes based on local values. In addition, this study identifies the phenomenon of post-adjudication, in which disputes that have been formally decided by state courts continue to be processed through customary forums to achieve social certainty and the restoration of inter-family relations. Findings show that the Kankain Karkara system operates through a tiered and restorative mechanism involving two levels of customary authority: Mananwir Keret, which addresses intra-clan disputes based on reputational–ethical authority, and Mananwir MNU, which functions as a mediator for inter-community and cross-identity disputes through structural–genealogical authority. This study concludes that the coexistence of formal and customary justice systems Biak does not represent a jurisdictional conflict but rather a form of complementary functional differentiation, in which state courts provide procedural certainty, while Kankain Karkara delivers substantive justice through…
creator: Bruri Marwano Wutwensa
creator: Nisrawanty Lembang
rights: Copyright (c) 2026 Bruri Marwano Wutwensa, Nisrawanty Lembang https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-04-12
publication date: 2026-04-12
volume: 12
number: 2
starting page: 444
ending page: 456
doi: 10.33506/js.v12i2.5258

The Role of the Srikandi Tani 09 Women Farmers Group in Fulfilling the Right to a Healthy Environment
type: item
description: This study aims to analyze the role of the Srikandi Tani 09 Women Farmers Group (KWT) in realizing the right to a healthy environment as part of the implementation of human rights at the community level in South Tangerang City. This study also identifies the supporting factors and barriers that influence the group’s environmental advocacy activities and examines its contribution to the realization of human rights-based sustainable development. This study employs a qualitative descriptive method, with data collected through interviews, observations, and documentation involving five active members of the PKK organization who participate in KWT activities. The data were analyzed thematically to gain a comprehensive understanding of community-based environmental practices. The novelty of this research lies in its focus on integrating gender empowerment and ecological participation in realizing the constitutional right to a healthy environment, positioned within a human rights perspective. The findings indicate that KWT Srikandi Tani 09 plays an active role in raising environmental awareness, managing limited land for urban agriculture, and processing organic waste into useful materials. The success of these activities is supported by participatory leadership, community solidarity, and collaboration with local government agencies, while challenges arise from limited land, funding, and public environmental awareness. Conclusions from the study indicate that the group’s activities significantly contribute to realizing the right to a healthy environment and the empowerment of women as key actors in sustainable community development.
creator: Nurdiyana Nurdiyana
creator: Suanto Suanto
creator: Roni Rustandi
creator: Trisakti Handayani
creator: Sri Rumiati
rights: Copyright (c) 2026 Nurdiyana Diyana, Suanto Suanto, Roni Rustandi, Trisakti Handayani, Sri Rumiati https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-04-17
publication date: 2026-04-17
volume: 12
number: 2
starting page: 457
ending page: 477
doi: 10.33506/js.v12i2.5017

Corporate Criminal Liability in Tax Offenses
type: item
description: This study aims to analyze the legal framework governing corporate criminal liability in the context of tax offenses. This study uses a normative juridical method with a statute approach, a case approach, and a conceptual approach. The novelty of this research lies in its critical analysis of the inconsistency found in tax crime cases: a discrepancy between the judges' legal reasoning, which acknowledges corporate fault, and the final verdicts, which ultimately only impose criminal sanctions on the corporate officers. The results highlight a significant regulatory gap, as the current tax criminal framework lacks explicit corporate sanctions. In practice, this issue is compounded by judicial inconsistency, where court rulings impose penalties solely on corporate directors, even when the corporation's role in profiting from the crime is acknowledged by the court. The conclusion of the research that a normative vacuum in the undang-undang perpajakan, compounded by judicial inconsistencies regarding corporate tax offenses, results in significant legal uncertainty. Consequently, legislative amendments are required to unequivocally establish the principles of corporate accountability.
creator: Reynold Simanjuntak
creator: Aldy Yohanes Manueke
rights: Copyright (c) 2026 Reynold Simanjuntak , Aldy Yohanes Manueke https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-04-20
publication date: 2026-04-20
volume: 12
number: 2
starting page: 478
ending page: 492
doi: 10.33506/js.v12i2.4745

Legal Effectiveness of E-Purchasing Implementation in Government Procurement: An Empirical Study from fhe Perspective of Transparency and Fairness in Indonesia
type: item
description: This study aims to analyze the effectiveness of e-purchasing implementation in the government sector from the perspectives of transparency and fairness. The method used in this study is empirical approach with data collected through interviews, observation, documentation, and literature review. Data were analyzed qualitatively using a descriptive-analytical method based on Soerjono Soekanto’s theory of legal effectiveness. The research was conducted in Indonesian government agencies, involving Commitment-Making Officials (PPK) and Budget-Using Officials (KPA) as informants. The novelty of this research lies in the gap between the ideal (das sollen) and reality (das sein) in the implementation of e-purchasing, where, normatively, this system is designed to ensure transparency and accountability; however, in practice, deviations as well as structural and cultural barriers within the procurement bureaucracy are still observed. The results of the study show that although regulations governing the procurement of goods and services are sufficiently robust, the implementation of e-purchasing still faces various challenges, such as technical system barriers, resistance from procurement officials, infrastructure limitations, and a bureaucratic culture that does not yet fully support the principle of transparency. Additionally, indications of fictitious procurement practices were found, suggesting weak oversight and enforcement of the law. Conclusion of this study is that the effectiveness of e-purchasing implementation has not yet been fully achieved. Therefore, it is necessary to strengthen technical regulations, improve human resource capacity and infrastructure, foster a bureaucratic culture that is transparent and accountable, and implement stricter and more systematic oversight to ensure that e-purchasing truly becomes an instrument of procurement modernization oriented toward the public interest.
creator: Narendra Tricahya Pratama
creator: Winsherly Tan
creator: Nurlaily Nurlaily
rights: Copyright (c) 2026 Narendra Tricahya Pratama, Winsherly Tan, Nurlaily Nurlaily https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-04-21
publication date: 2026-04-21
volume: 12
number: 2
starting page: 493
ending page: 512
doi: 10.33506/js.v12i2.5264

From Contractual Breach to Corporate Criminal Liability: Exploitation of Debtor Data by Account Officers in Indonesia
type: item
description: The aim of this study is to analyze criminal liability for data exploitation committed by an AO in order to establish corporate liability against the receiving bank. The method used in this study is a normative approach with legal and conceptual perspectives. This study analyzes the shift in the nature of illegality from a breach of contract to criminal data exploitation. The novelty of this study demonstrates that recipient banks, which derive economic benefits from such illegal data, qualify as Beneficial Owners subject to corporate criminal liability under the doctrine of Vicarious Liability. The results of this study indicate that the transfer of data without specific written consent constitutes a criminal offense under Article 65(2) of the Personal Data Protection Act. Conclusion This study recommends the establishment of criminal policies based on Economic Analysis of Law, applying cumulative sanctions: imprisonment for individuals and substantial administrative fines for corporations. This step is crucial to eliminate the economic incentives behind data crimes and ensure legal certainty in the digital banking environment.
creator: Afif Muhni
creator: Muhammad Basri
creator: Syarif Saddam Rivanie
creator: Nuriyah Fara Muthia
creator: Ulil Amri
rights: Copyright (c) 2026 Afif Muhni, Muhammad Basri, Syarif Saddam Rivanie, Nuriyah Fara Muthia, Ulil Amri https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-04-24
publication date: 2026-04-24
volume: 12
number: 2
starting page: 513
ending page: 530
doi: 10.33506/js.v12i2.5298

Reconceptualizing Legal Protection for Drug Addicts: A Restorative Justice Perspective in Indonesia
type: item
description: This study aims to analyze legal protections for drug addicts and to examine the relevance of applying restorative justice within the Indonesian criminal justice system, particularly in recognizing addicts as legal subjects who possess a dual role as both perpetrators and victims. The methods employed are normative legal analysis using statutory, conceptual, and case-based approaches, analyzed qualitatively through primary legal sources, court rulings, and relevant academic literature. The novelty of this study lies in the development of an integrated analytical model that combines legal protection theory, victimology, and the principles of restorative and rehabilitative justice, while formulating a regulatory harmonization model that positions drug addicts as subjects of legal protection within narcotics policy. The findings indicate that the legal status of drug users within Indonesia’s criminal justice system remains ambiguous, leading to the dominance of a repressive approach that conflicts with the principle of rehabilitation. The normative inconsistency between Articles 54 and 103 and the criminalization provisions in Article 127 of Law No. 35 of 2009, as well as the disharmony with criminal procedure law and the internal policies of law enforcement agencies, creates legal uncertainty in practice. The conclusions of this study affirm that regulatory reform is needed, oriented toward strengthening rehabilitation as a right of drug users, strengthening rehabilitation institutions, reducing social stigma, and optimizing restorative justice approaches to realize a criminal justice system that is more just, humane, and sustainable.
creator: Diovanni Nurfuzi Sari Hendona
creator: Ade Maman Suherman
creator: Indra Yudha Koswara
creator: Tri Setiady
creator: Wiwin Triyunarti
rights: Copyright (c) 2026 Diovanni Nurfuzi Sari Hendona, Ade Maman Suherman, Indra Yudha Koswara, Tri Setiady, Wiwin Triyunarti https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-04-27
publication date: 2026-04-27
volume: 12
number: 2
starting page: 531
ending page: 547
doi: 10.33506/js.v12i2.5132

Legal Vacuum in Deferred Prosecution Agreements and Its Implications for Law Enforcement Disparity in Indonesia
type: item
description: This study aims to analyze various normative and procedural weaknesses within the framework of Deferred Prosecution Agreements (DPAs) in Indonesia, particularly regarding the lack of established sentencing guidelines and proportionality parameters, the lack of clarity regarding methods for calculating state financial losses, limited transparency, and inadequate procedural safeguards. This study employs a normative legal research methodology with a qualitative approach, utilizing a statutory approach, a conceptual approach, and a comparative approach. The study focuses on relevant legislation, doctrinal constructs, and institutional designs related to the regulation of DPA in Indonesia. Additionally, this research compares regulatory frameworks in the United States, the United Kingdom, and Singapore to identify governance models and procedural safeguards that can be applied in negotiation-based corporate law enforcement. The novelty of this research lies in the analysis of DPAs, which is not only situated within the context of prosecutorial discretion but also in relation to the corporate insolvency regime, including bankruptcy and debt repayment deferral (PKPU). The results of the research indicate that DPA regulations in Indonesia have not yet been established through an adequate framework. These issues are evident in the absence of sentencing benchmarks and proportionality, the lack of uniformity in methods for assessing state losses, low transparency, and the fragility of procedural accountability. This situation creates room for unfocused prosecutorial discretion, inconsistent application of the law, and potential disparities in the outcomes of negotiated justice. The conclusion of this study is that the implementation of DPAs in Indonesia requires an integrated governance framework, emphasizing structured discretion, clear measures of proportionality, judicial oversight, transparency, and interagency coordination. Strengthening these aspects is necessary to ens…
creator: Siti Adinda Nafirah
creator: Nanda Yuniza Eviani
rights: Copyright (c) 2026 Siti Adinda Nafirah, Nanda Yuniza Eviani https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-04-30
publication date: 2026-04-30
volume: 12
number: 2
starting page: 548
ending page: 571
doi: 10.33506/js.v12i2.5492

The Existence of the Noken System in Simultaneous Elections in Pisugi District, Jayawijaya Regency
type: item
description: The aim of this study is to examine the existence of the noken electoral system in the 2019 elections in Pisugi District, Jayawijaya Regency. This study will further analyze the status of the noken electoral system within the national legal framework. The study employs an empirical legal method, which involves observing actual conditions within the community. The novelty of this research lies in the fact that indigenous communities must preserve the existence of the Noken electoral system, and the government must issue policies in the form of written regulations within the national legal system so that the Noken electoral system can become a democratic identity for indigenous communities in the mountainous regions of Papua. The results of the study found that there is a necessity to urge the Constitutional Court to ratify the Noken Electoral System, which is a cultural heritage of indigenous communities that must be preserved and protected. When the Constitutional Court sets aside written prohibitions to uphold justice for indigenous communities still living in the mountainous regions, its philosophical principles are also reflected. The conclusion of this study is that the government must issue written regulations regarding the Noken electoral system to serve as the foundation of the national legal system. Thus, by establishing written regulations regarding the Noken system, it will serve as a model for other regions in implementing electoral systems in accordance with their local wisdom.
creator: Noor Rahmad
creator: Eren Arif Budiman
rights: Copyright (c) 2026 Noor Rahmad, Eren Arif Budiman https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-06
publication date: 2026-05-06
volume: 12
number: 2
starting page: 572
ending page: 590
doi: 10.33506/js.v12i2.4173

The Authority of the Public Notary to Include Fingerprint Documents in Deeds to Prevent Document Forgery
type: item
description: This study aims to analyze the authority of Land Deed Officers (PPAT) to affix the fingerprints of the parties as supplementary documents to the original deed, as well as to examine the formulation of regulations regarding the obligations of PPATs to prevent the criminal act of document forgery. The research method employs a normative legal approach, focusing on the construction of PPAT obligations under Government Regulation No. 37 of 1997 on Land Deed Officers. The novelty of this research lies in the construction of obligations for PPATs that have not yet been specifically regulated in either official regulations or technical provisions for deed preparation. This construction aims to provide legal certainty for general PPATs, temporary PPATs, and special PPATs in their efforts to prevent the criminal act of document forgery. The findings indicate that the affixing of fingerprints on the draft deed is not explicitly regulated in either the PPAT’s official regulations or the technical provisions for deed preparation. The reconstruction of the PPAT’s obligation to affix fingerprints on deed drafts can be achieved by updating Article 21 of Government Regulation No. 37 of 1998, which focuses on authentication mechanisms, standardization of procedures, and sanctions. This study concludes that the affixing of fingerprints to documents essentially plays a significant role, not only as a substitute for a signature but also as a preventive measure against the criminal act of document forgery. However, this attachment requires a clear legal basis so that all Public Notaries (PPATs) have a common foundation for requiring parties to affix their fingerprints on supplementary documents to be attached to the original deed.
creator: Ahmad Raihan
rights: Copyright (c) 2026 Ahmad Raihan https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-23
publication date: 2026-05-23
volume: 12
number: 2
starting page: 591
ending page: 607
doi: 10.33506/js.v12i2.5397

Restoration of Property Rights over Destroyed Land: Comparative Legal Analysis of Indonesia and the Philippines
type: item
description: This study aims to identify and analyze a comparison of the models for restoring property rights over land affected by destruction implemented by Indonesia and the Philippines, with a view to improving the legal system governing destroyed land in Indonesia in the future. This study employs a doctrinal research method using statutory, conceptual, and comparative approaches. This study involves the collection and inventory of regulations regarding destroyed land in both Indonesia and the Philippines, followed by a descriptive analysis. The novelty of this study lies in the conclusion that Indonesia needs to adopt a legal certainty framework for destroyed land using a hybrid model namely, judicial reconstruction and administrative reconstruction The results of this study indicate that current regulations on lost land in Indonesia provide an opportunity for original titleholders to reclaim lost land within a one-year period; if they cannot prove ownership, it is not recognized as such. In contrast, unlike the Philippines, which uses a hybrid model to guarantee and recognize its citizens’ property rights through judicial and administrative reconstruction, provided they possess “legal title” registered with the Land Registration Authority. The conclusion of this study indicate that the current policy framework for land loss in Indonesia should take into account models for restoring property rights following land loss or damage that exist in other countries, such as the Philippines. This is to ensure that property rights
creator: Adya Nurnisa
creator: Retno Saraswati
creator: Ana Silviana
rights: Copyright (c) 2026 Adya Nurnisa, Retno Saraswati, Ana Silviana https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-29
publication date: 2026-05-29
volume: 12
number: 2
starting page: 608
ending page: 623
doi: 10.33506/js.v12i2.5505

Reconsidering the 30% Gender Quota: A Feminist Legal Analysis of Women's Parliamentary Representation in Indonesia
type: item
description: This study examines the ratio legis underlying the 30% quota for women’s parliamentary representation and the causal dimensions of this figure not being met. Why was 30% set as the benchmark for female representation in parliament? Has 30% female representation in parliament been achieved in Indonesia's legislative elections? If not, why is this the case? The method Framed within a normative paradigm, the study analyzes primary/secondary/tertiary legal documents through philosophical, conceptual, and legislative approaches, applying a qualitative, explanatory–descriptive analysis. Novelty the present study will examine the ratio legis that underpins the 30% representation figure, and the causal factors that contribute to the failure to meet this figure. The following analysis will employ a radical feminist legal theory. The analysis that follows consolidates the relevant research landscape. The Results A thirty-percent threshold for women’s participation is in place adopted by Indonesia is not a 'magical a priori' figure, but rather a minimum policy threshold that has emerged from mainstream global norms, supported by human rights obligations (CEDAW), and has an epistemological foundation regarding how numbers affect institutional dynamics (anti-tokenism). The causal justification for the failure of the 30% quota is influenced by a number of factors, including patriarchal culture, party pragmatism and legal structures. The Conclusion the 30% ratio is intended as a corrective tool to shift from formal equality to substantive equality by creating a critical mass so that women's voices are not merely tokenistic. The failure of this threshold reveals a pseudo-neutral legal structure quotas in Indonesia bind candidate lists (descriptive representation) in an open list proportional system without locking in seats (substantive representation), allowing structural barriers political costs, patronage networks, and masculine culture to persist.
creator: Raju Moh Hazmi
creator: Nurul Adhha
creator: Sari Sari
creator: Ade Mulyawan
rights: Copyright (c) 2026 Raju Moh Hazmi, S.H., M.H., Nurul Adhha, Sari Sari, Ade Mulyawan https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
volume: 12
number: 2
starting page: 624
ending page: 649
doi: 10.33506/js.v12i2.5150

Diversion and Juvenile Narcotics Sentencing: Indonesia and Japan Comparison under Pancasila Justice
type: item
description: This study aims to analyze the policy of diversion and criminalization of children in narcotics cases in the juvenile criminal justice system in Indonesia, and compare it with practices in Japan to identify systemic problems that hinder rehabilitative orientation. This study uses normative legal methods with legislative, conceptual, and comparative approaches. The analysis focused on the provisions in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System and Law No. 35 of 2009 concerning Narcotics, as well as their comparison with the welfare-oriented juvenile justice system in Japan. The novelty of this research lies in the placement of Pancasila justice as an evaluative framework in analyzing the design of the juvenile criminal justice system, so that diversion is not understood solely as a procedural mechanism, but as a systemic principle that must integrate rehabilitation and social reintegration. The findings of the study show that the failure to implement diversion in narcotics cases against children is more due to normative restrictions and fragmentation of goals between criminal justice subsystems, rather than solely by technical implementation issues. This study concludes that policy reconstruction is needed by placing rehabilitation as the main response and imprisonment as the ultimate remedium, in order to realize child protection that is in line with human values and social justice within the framework of Pancasila justice.
creator: Mulyadi Alrianto Tajuddin
creator: Jumriani Nawawi
creator: Jaco Barkhuizen
rights: Copyright (c) 2026 Mulyadi Alrianto Tajuddin, Jumriani Nawawi, Jaco Barkhuizen https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-31
publication date: 2026-05-31
volume: 12
number: 2
starting page: 650
ending page: 674
doi: 10.33506/js.v12i2.5456

Fulfillment of the Rights of Persons with Disabilities in Yogyakarta Under DIY Regional Regulation No. 4 of 2012
type: item
description: This study aims to analyze the conformity between the Regional Regulation of the Special Region of Yogyakarta Number 4 of 2012 concerning the Protection and Fulfillment of the Rights of Persons with Disabilities and Law Number 8 of 2016 concerning Persons with Disabilities, as well as to examine the implementation of the rights fulfillment of persons with physical disabilities by the Yogyakarta City Government. This research employs a normative legal method using statutory and conceptual approaches, supported by primary data obtained through interviews with officials of the Yogyakarta City Social Service Office. The collected data were analyzed qualitatively using deductive reasoning. The novelty of this study lies in its comprehensive assessment of not only the harmonization of national and regional legal frameworks but also the effectiveness of policy implementation through the role of local government in fulfilling the rights of persons with physical disabilities. The findings reveal that Regional Regulation Number 4 of 2012 is substantially aligned with Law Number 8 of 2016 in guaranteeing rights related to education, healthcare, employment, accessibility, and public services. However, its implementation remains suboptimal due to limited accessibility facilities, inadequate supervision, inaccurate disability data, and persistent social stigma. This study concludes that while normative legal conformity has been achieved, the effective fulfillment of the rights of persons with physical disabilities requires stronger oversight, improved accessibility, and more inclusive policy implementation.
creator: Amalia Azahra
creator: Ninuk Wijiningsih
rights: Copyright (c) 2026 Amalia Azahra, Ninuk Wijiningsih https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-31
publication date: 2026-05-31
volume: 12
number: 2
starting page: 675
ending page: 689
doi: 10.33506/js.v12i2.5388

Digital Governance and the AUPB: A Legal Analysis of the Implementation of the SIPD in Raja Ampat
type: item
description: This study aims to analyze the implementation of the Local Government Information System (SIPD) in local financial management in Raja Ampat Regency. The method used is an empirical-juridical approach, analyzing the relationship between the legal norms governing the SIPD and the reality of its implementation in the field. The novelty of this study compared to previous research lies in the analysis of the implementation of the Local Government Information System (SIPD) in the Raja Ampat archipelago using the Principles of Good Governance (AUPB) as an evaluation framework within the study of administrative law. The findings indicate that although the Raja Ampat Regency Government has fulfilled its normative obligations in implementing the SIPD across the entire cycle of regional financial planning and management, the effectiveness of its implementation remains hindered by limited internet connectivity, national server disruptions, low human resource capacity, and resistance to digital transformation factors that collectively result in a significant deviation between “law in the books” and “law in action.” The AUPB analysis reveals that the principles of legal certainty, accuracy, efficiency, effectiveness, transparency, and justice have not been optimally fulfilled. The conclusion of this study emphasizes the need for policies that are more adaptive to the geographical characteristics and institutional capacities of island regions, including the strengthening of digital infrastructure and the continuous improvement of civil servants’ technical competencies.
creator: Fenita Malendes
creator: Dwi Pratiwi Markus
creator: Anggun Kirana
rights: Copyright (c) 2026 Fenita Malendes, Dwi Pratiwi Markus, Anggun Kirana https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-31
publication date: 2026-05-31
volume: 12
number: 2
starting page: 690
ending page: 706
doi: 10.33506/js.v12i2.5296

Criminal Liability of Those Who Disseminate Pornographic Content from the Perspective of the Law on Information and Electronic Transactions
type: item
description: The study aims to analyze criminal liability for perpetrators who disseminate intimate content without consent (revenge porn) and to assess the effectiveness of legal protections for victims based on the framework of the Electronic Information and Transactions Law (ITE Law) and Indonesian criminal law. The method employed is normative legal research using a legislative and conceptual approach, supplemented by an examination of relevant law enforcement practices to assess the application of norms and principles of criminal liability. The novelty of this study lies in its critique of the inability of Indonesia’s cybercriminal law regime to classify revenge porn as a consent-based crime. To date, the provisions in the ITE Law have placed greater emphasis on aspects of public decency, and thus have not been fully capable of addressing the harms arising from violations of the victim’s privacy. This study proposes a new normative framework that establishes a violation of consent as the basis for criminal liability, thereby ensuring that the concept of revenge porn is understood not only as a violation of public decency but also as a violation of an individual’s right to privacy and dignity. The findings indicate that although the ITE Law has established a legal basis for criminalizing the dissemination of intimate content without consent, its implementation still faces normative and technical obstacles, such as ambiguous legal provisions, overlapping regulations with the Pornography Law and the Criminal Code, weak digital evidence mechanisms, and insufficient protection for victims who continue to suffer psychological and social harm. The conclusions of this study underscore the need for more specific regulatory updates regarding electronic-based sexual crimes, clarification of legal boundaries within the ITE Law, strengthening of the “right to be forgotten” mechanism, and capacity building for law enforcement officials so that legal protection for victims of revenge porn…
creator: Leonaldo Handi Lukito
creator: Ferry Irawan Febriansyah
creator: Yogi Prasetyo
rights: Copyright (c) 2026 Leonaldo Handi Lukito, Ferry Irawan Febriansyah, Yogi Prasetyo https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-31
publication date: 2026-05-31
volume: 12
number: 2
starting page: 707
ending page: 722
doi: 10.33506/js.v12i2.5412