Launched in 2022, the Journal of Human Rights Law Review seeks to increase awareness, knowledge, and discussion of legal issues and human rights policy. Academically focused, the Review also appeals to the wider human rights community, including those in government, intergovernmental and non-governmental circles concerned with law, policy, and fieldwork. Review of original published articles on human rights issues in their global or national context, considered from an international or comparative legal perspective.
Reconstructing Reliability Standards for Deepfake Detectors as Electronic Evidence in Indonesia’s Criminal Justice System
The development of deepfakes has transformed the evidentiary problem of video and audio from file authentication into an assessment of the computational method used to determine media authenticity. This study has two objectives: to examine the legal position and limits of the probative value of deepfake detector outputs under Indonesian criminal procedure and to reconstruct an AI Forensic Reliability Test that safeguards authenticity, scientific reliability, and procedural fairness. It applies normative legal research through statutory, conceptual, comparative, and interdisciplinary approaches. The first finding indicates that detector outputs may enter proceedings through electronic evidence, examination reports, and expert testimony, but they do not constitute independent evidence or binary statements of truth. Their value depends on object authenticity, lawful acquisition, methodological validity, error rates, and corroboration. The second finding develops an AI Forensic Reliability Test comprising eight dimensions: object authenticity, model validity, data quality, error rates and calibration, robustness and generalization, traceability and reproducibility, expert competence and independent testing, and procedural fairness and accountability. The framework operationalizes the negative statutory theory of proof, epistemic reliability, machine testimony, due process of law, equality of arms, and accountable algorithms
Copyright (c) 2026 Muhammad Abdul Azis, Pujiyono Pujiyono, Riski Ananda Kusuma Putri https://creativecommons.org/licenses/by-sa/4.0
Clean Energy Policies and Just Transition for Coal Industry Workers
Indonesia’s transition toward clean energy represents an important legal and policy response to climate change, environmental degradation, and the pursuit of sustainable development. However, the gradual reduction of coal dependency also creates significant legal and socio-economic challenges for workers and communities whose livelihoods rely on the coal industry. This study aims to examine the adequacy of Indonesia’s legal framework in ensuring a just transition for coal industry workers during the implementation of clean energy policies. The research employs a normative legal method using statutory, conceptual, comparative, and analytical approaches. Primary legal materials consist of constitutional provisions, national legislation, presidential regulations, and international legal instruments related to energy transition, environmental protection, labor rights, and social security. Secondary legal materials include academic journals, books, policy reports, and legal commentaries concerning clean energy governance and just transition. The findings indicate that Indonesia has established a relatively comprehensive legal framework supporting renewable energy development and greenhouse gas emission reduction. Nevertheless, the legal framework governing worker protection during the energy transition remains fragmented and insufficiently integrated. Existing regulations primarily emphasize environmental objectives and renewable energy investment while providing only general labor protection without specifically regulating workforce reskilling, employment transition, income protection, regional economic diversification, and institutional coordination. Consequently, legal uncertainty persists regarding the protection of coal industry workers affected by decarbonization policies. The study concludes that Indonesia requires a more comprehensive and integrated legal framework that harmonizes environmental sustainability with labor rights and social justice. Strengthening legislation concerning just transition, workforce protection, social dialogue, dedicated transition financing, and intergovernmental coordination is essential to ensure that Indonesia’s clean energy transition is equitable, inclusive, and capable of supporting long-term sustainable development.
Copyright (c) 2026 Indah Dwiprigitaningtias, Rival Pahrijal, Paramita Andiani https://creativecommons.org/licenses/by-sa/4.0
The Implementation of Article 76 Paragraph (1) of Government Regulation Number 39 of 2023 in Toll Road Development in Seyegan District, Sleman Regency
This article is based on empirical legal research conducted in 2026 on compensation in the construction of the Jogja-Bawen toll road in Seyegan District, Sleman Regency, Yogyakarta Special Region. In the implementation of land acquisition for toll road development, issues often arise regarding compensation. Article 76 paragraph (1) of Government Regulation Number 39 of 2023 states that “forms of compensation can be provided in the form of money, replacement land, resettlement, share ownership, or other forms agreed upon by both parties.” The main issue is how the application of Article 76 paragraph (1) of this Government Regulation affects former owners. The implementation of Article 76 paragraph (1) of Government Regulation Number 39 of 2023 for former landowners in the Jogja-Bawen toll road development is in the form of money. There was no discussion or agreement in determining the form and amount of compensation because it was directly decided by the government. This compensation is not advantageous for former landowners who have replacement land to build a new house. Another impact is that the principles of sustainability and humanity are not realized.
Copyright (c) 2026 Maria Hutapea, Krisna Ginang Wirawan, Patricia Eva Christi Situmorang, Athar Prana Abdi, Rizal Syahputra Siadary https://creativecommons.org/licenses/by-sa/4.0
Money Politics and Violations of Voters’ Political Rights: An Analysis of Article 523 of Law No. 7 of 2017 on Elections
Money politics remains one of the most significant challenges threatening the integrity of democratic elections in Indonesia because it directly affects the independence and authenticity of voters’ political choices. Although elections are constitutionally guaranteed as a mechanism for exercising popular sovereignty, the practice of providing money or material benefits to influence voters continues to undermine the principles of free, honest, and fair elections. This study aims to analyze money politics as a violation of voters’ political rights and examine the legal effectiveness of Article 523 of Law Number 7 of 2017 concerning General Elections as an instrument for preventing and addressing electoral manipulation. This research employs a normative legal method using a statutory approach, conceptual approach, and analytical approach. The study examines primary legal materials, particularly the 1945 Constitution of the Republic of Indonesia and Law Number 7 of 2017 concerning General Elections, supported by secondary legal materials from legal literature and academic studies. The findings indicate that money politics constitutes a violation of political rights because it disrupts voter autonomy, creates unequal political competition, and prevents elections from reflecting the genuine will of citizens. Article 523 of Law Number 7 of 2017 provides an important legal framework by criminalizing the provision or promise of money and material benefits intended to influence voters. However, its implementation faces challenges, including difficulties in proving electoral crimes, limited enforcement mechanisms, and the persistence of transactional political culture. Therefore, strengthening election law enforcement, improving institutional capacity, and increasing political awareness are necessary to ensure effective protection of voters’ political rights and the realization of substantive democracy in Indonesia.
Copyright (c) 2026 Temmy Fitriah Alfiany, Yenik Pujowati, Rani Eka Arini https://creativecommons.org/licenses/by-sa/4.0
Reasonable Accommodations for Persons with Disabilities in Public Services Under Law No. 8 of 2016
The fulfillment of public service rights for persons with disabilities remains an important issue in achieving substantive equality and preventing discrimination within state administration. Although Law No. 8 of 2016 concerning Persons with Disabilities has recognized the obligation to provide reasonable accommodations, the implementation of these obligations in public services continues to face various normative and institutional challenges. This study aims to analyze the legal framework governing reasonable accommodations for persons with disabilities in public services and examine its role in ensuring equal access based on human rights principles. This research employs a normative legal research method using a statutory approach and conceptual approach by examining relevant legal instruments, including Law No. 8 of 2016, Law No. 19 of 2011 concerning the Ratification of the Convention on the Rights of Persons with Disabilities, and regulations related to public services and accessibility. The results indicate that reasonable accommodation constitutes a fundamental legal obligation that requires public service providers to make necessary and appropriate adjustments to eliminate barriers experienced by persons with disabilities. Such accommodations include physical accessibility, procedural modifications, communication support, and inclusive service mechanisms. However, the implementation of reasonable accommodation remains limited due to the lack of detailed technical regulations, institutional capacity constraints, insufficient awareness among service providers, and weak accountability mechanisms. This study concludes that strengthening the implementation of reasonable accommodation requires regulatory harmonization, institutional commitment, capacity development, and effective monitoring systems. Reasonable accommodation should not be viewed as a form of special treatment but as a legal instrument to achieve substantive equality and ensure that persons with disabilities can fully exercise their rights in public services.
Copyright (c) 2026 Istiarsyah Istiarsyah, Dela Devita, Robiansyah Setiawan, Retno Triswandari, Lani Setyadi https://creativecommons.org/licenses/by-sa/4.0
The Limits of Criticism of the Government Under Articles 240 and 241 of Law No. 1 of 2023: Balancing the Protection of State Authority and Civil Liberties
This study examines the legal limits of criticism directed at the government under Articles 240 and 241 of Law No. 1 of 2023 concerning the Indonesian Criminal Code. The central issue concerns the balance between protecting the authority and institutional integrity of the state and safeguarding freedom of expression as a fundamental civil liberty. This research employs a normative legal method using statutory, conceptual, constitutional, case, comparative, and human-rights approaches. The analysis focuses on the formulation of the offences, the distinction between criticism and insult, the complaint-based nature of prosecution, criminal responsibility for digital dissemination, and the application of the principles of legality, necessity, proportionality, and public interest. The findings indicate that Articles 240 and 241 pursue a legitimate objective insofar as they protect the effective functioning of government and state institutions from serious, malicious, and unlawful attacks. However, the broad and evaluative meaning of terms such as insult, honour, and institutional image creates risks of legal uncertainty, selective enforcement, and a chilling effect on democratic participation. The study finds that criticism should not be criminalized merely because it is harsh, offensive, satirical, emotionally expressed, or damaging to the reputation of a public institution. Criminal liability should arise only where the prosecution proves an objectively unlawful attack, the required intent, the absence of a dominant public-interest purpose, serious and legally cognisable harm, and the inadequacy of less restrictive remedies. Article 241 requires additional safeguards because the dissemination of digital content may occur for purposes of journalism, education, criticism, documentation, or public discussion. The study concludes that Articles 240 and 241 must be interpreted restrictively, with a strong presumption in favour of political expression, to ensure that the protection of state authority does not undermine constitutional democracy and civil liberties.
Copyright (c) 2026 Dila Padila Nurhasanah, Yenik Pujowati, Rully Fildansyah https://creativecommons.org/licenses/by-sa/4.0
Restorative Justice in the National Criminal Code: An Analysis of Probation and Community Service under Law No. 1 of 2023
The enactment of Law No. 1 of 2023 concerning the Indonesian Criminal Code marks a significant transformation in Indonesia’s criminal justice system by introducing probation and community service as principal non-custodial sanctions. These forms of punishment reflect a shift from a predominantly retributive approach toward a more rehabilitative, proportional, and restorative-oriented sentencing policy. This study aims to analyze the legal construction of probation and community service under Law No. 1 of 2023 and to assess their consistency with the principles of restorative justice. The research applies a normative legal method using statutory, conceptual, and comparative approaches. The legal materials consist of Law No. 1 of 2023, Law No. 22 of 2022 concerning Corrections, relevant international instruments, and scholarly literature on restorative justice and non-custodial sanctions. The materials are analyzed qualitatively through descriptive, systematic, and prescriptive legal interpretation. The findings show that probation and community service provide progressive alternatives to short-term imprisonment by supporting offender rehabilitation, maintaining family and employment relationships, reducing prison overcrowding, and encouraging accountability through supervision and socially beneficial work. However, these sanctions do not fully constitute restorative justice mechanisms because victim participation, mediation, restitution, and reconciliation remain limited. Their effectiveness depends on comprehensive implementing regulations, institutional readiness, judicial consistency, qualified supervisory personnel, inter-agency coordination, and community involvement. The study concludes that Law No. 1 of 2023 establishes an important normative foundation for restorative-oriented sentencing in Indonesia, although further institutional and procedural development is required to ensure that probation and community service effectively achieve justice, legal certainty, social benefit, and public protection.
Copyright (c) 2026 Rabith Madah Khulaili Harsya, Rani Eka Arini, Salwa Aulia Novitasari https://creativecommons.org/licenses/by-sa/4.0
Conflict of Interest in Legal Consultancy Practice: A Review of Legal Professional Ethics
This article provides a comprehensive analysis history: of conflict of interest in legal consultancy practice from the perspective of Indonesian legal professional ethics. The research employs a normative legal methodology with statute, conceptual, and case approaches. The study examines the definition, forms, and manifestations of conflict of interest in legal practice, analyzes the prohibitions established under the Advocate Code of Ethics and Law Number 18 of 2003, and evaluates the legal and ethical consequences of such conflicts. The findings reveal that conflict of interest represents a systemic threat to the integrity of the legal profession, undermining client trust, compromising professional independence, and distorting the administration of justice. The article identifies significant regulatory gaps in the current ethical framework and proposes structural reforms including the mandatory implementation of conflict screening systems, the adoption of Chinese Wall protocols, and the strengthening of Honor Council enforcement mechanisms to prevent and address conflicts of interest in legal consultancy practice.
Copyright (c) 2026 Manuel Mekel https://creativecommons.org/licenses/by-sa/4.0
Professional Ethics of Legal Consultants in Handling Copyright Cases in Indonesia
This article examines the professional ethics history: of legal consultants in handling copyright cases in Indonesia. The research employs a normative legal methodology with statute, conceptual, and case approaches. The study analyzes the ethical obligations of legal consultants under the Indonesian Advocate Code of Ethics, Law Number 18 of 2003 concerning Advocates, and Law Number 28 of 2014 concerning Copyright. The findings reveal that the ethical principles of independence, integrity, confidentiality, and conflict of interest management constitute the fundamental pillars governing legal consultants in copyright dispute resolution. The implementation of these ethical standards faces significant challenges due to the complexity of copyright law, the digital transformation of creative industries, and the commercial pressures inherent in legal practice. The article recommends the strengthening of oversight mechanisms, the development of specialized ethical guidelines for intellectual property practitioners, and the establishment of continuous professional education programs to enhance ethical compliance among legal consultants.
The Effectiveness of The Implementation of Legal Protection for Vocational High School Students Who Have Had Work Accidents in The Field Work Practice: A Case Study at The Alantara Sanur
Field Work Practice (Praktik Kerja Lapangan/PKL) is an essential component of the Vocational High School (SMK) curriculum intended to equip students with genuine workplace experience, yet its implementation within the hospitality industry carries a real risk of occupational accidents that may harm students who hold the dual status of learners and apprentices. This study aims to identify and analyze the effectiveness of legal protection for SMK students who experienced occupational accidents during PKL at The Alantara Sanur, and to identify the supporting and inhibiting factors affecting that effectiveness. The study employs an empirical juridical method with a descriptive character, using the fact approach, statute approach, and conceptual approach. Data were collected through document study, interviews, and field observation. The findings indicate that the implementation of legal protection for PKL students at The Alantara Sanur has not been fully effective. Based on Soerjono Soekanto's five factors of legal effectiveness, a gap between das sollen and das sein was found across all dimensions, including normative gaps in regulation (Law No. 1 of 1970, Law No. 13 of 2003, and Ministerial Regulation No. 50 of 2020) that fail to explicitly provide social security for PKL students, weak supervision by schools and industry, unstructured occupational safety training, low legal awareness among students and hotel staff, and a speed-oriented work culture. The inhibiting factors are multilevel and mutually reinforcing, while the supporting factors an existing normative framework, an improvable SOP and MoU, and industry good faith may serve as a foundation for reform. This study recommends regulatory refinement accompanied by a tripartite supervisory mechanism among schools, industry, and government, as well as the strengthening of structured occupational safety training for PKL students.
Copyright (c) 2026 Ni Wayan Eka Damayanti, Ni Nyoman Putri Purnama Santhi, I Putu Harry Suandana Putra, Ni Putu Yuliana Kemalasari https://creativecommons.org/licenses/by-sa/4.0
The Legality of Inclusion of The Indonesian National Arbitration Board as The Responsible Responsible in The Application for Announcement of The Arbitration Award
This study is motivated by the recurring practice of naming the Indonesian National Arbitration Board (BANI) as the Respondent in applications for the annulment of arbitral awards, despite being inconsistent with Law Number 30 of 1999 and Supreme Court Regulation Number 3 of 2023. This research aims to examine the limits of the District Court's authority in reviewing applications for annulment of arbitral awards and to determine whether judgments imposing liability on BANI may be classified as ultra vires. The findings indicate that the District Court's authority is limited to examining the statutory grounds for annulment under Article 70 of the Arbitration Law. The inclusion of BANI as a respondent constitutes an error in person, while any judgment imposing liability on BANI exceeds the court's legal authority and therefore may be classified as an ultra vires decision.
Copyright (c) 2026 Habibullah Alfarizi P.R., Mutiara Bella Alfianti, Siti Khamidah, Desya Septya Mulyana https://creativecommons.org/licenses/by-sa/4.0
Normative Vacuum and Implementation Obstacles of the Undercover Buy Technique in Combating Illicit Narcotics Trafficking in Bandung City, Indonesia
The undercover buy technique is an indispensable investigative instrument for uncovering organized narcotics trafficking networks, yet its regulation within Indonesian positive law contains critical normative gaps that compromise both enforcement effectiveness and the rule of law. This study aims to juridically analyze the regulation of the undercover buy technique under Law No. 35 of 2009 on Narcotics and the newly enacted Code of Criminal Procedure (Law No. 20 of 2025, "New CPPC"), and to examine the juridical and practical obstacles to its implementation in narcotics law enforcement in Bandung City. A normative-empirical legal research method was employed, combining statutory, conceptual, and sociological approaches. Primary data were obtained from the Narcotics Detective Unit of Bandung Metropolitan Police (Polrestabes Bandung) and secondary data from legislation, Constitutional Court decisions, and legal literature. The findings demonstrate that Articles 75(j) and 79 of the Narcotics Law satisfy only the lex scripta element of the legality principle but systematically fail the lex certa and lex stricta standards due to the complete absence of an operational definition, technical procedures, an anti-entrapment mechanism, and evidence authentication standards. The enactment of the New CPPC, which imposes strict authentication requirements through Article 235(3), does not remedy this gap but instead sharpens it, creating a structural evidentiary paradox. Empirically, six juridical and six practical obstacles interact cumulatively to render the most effective narcotics investigation technique the least deployed. This study contributes an original tripartite matrix analysis and argues for the urgent adoption of an anti-entrapment doctrine modeled on the Dutch Tallon criterium and European Court of Human Rights standards.
Copyright (c) 2026 Sidik Sugiharto, Ujuh Juhana https://creativecommons.org/licenses/by-sa/4.0
A Reconstruction of Digital Platforms’ Legal Liability for the Dissemination of Illegal Content within the Framework of Protecting Citizens’ Rights
This study examines the legal liability of digital platforms in the dissemination of illegal content through a normative legal analysis, with a particular focus on reconstructing a framework that effectively protects citizens’ rights. The rapid growth of digital platforms such as Google, Meta Platforms, and TikTok has intensified challenges related to intermediary responsibility, as these platforms increasingly function not only as passive conduits but also as active amplifiers of information. Existing liability regimes, primarily based on notice-and-takedown mechanisms, are found to be insufficient in addressing the scale and complexity of illegal content dissemination. Using primary, secondary, and tertiary legal materials, this research analyzes current regulatory frameworks and identifies key gaps, particularly in terms of legal clarity, enforcement effectiveness, and the protection of fundamental rights. The study highlights the tension between safeguarding freedom of expression and ensuring protection against harmful content, noting that both under-regulation and over-regulation pose risks to citizens’ rights. Comparative insights, including developments under the Digital Services Act, demonstrate a shift toward more proactive and structured approaches to platform accountability. The study proposes a reconstructed liability framework based on the principles of proportionality, due diligence, transparency, and effective remedy. This model seeks to balance platform accountability with the protection of fundamental rights, offering a more adaptive and rights-oriented approach to digital governance. The findings contribute to the development of legal policies that align technological advancement with the protection of citizens in the digital era.
Copyright (c) 2026 Rabith Madah Khulaili Harsya, Supriandi Supriandi, Rani Eka Arini https://creativecommons.org/licenses/by-sa/4.0
Smart City Regulatory Design: Balancing Public Safety, Privacy, and Civil Liberties in Administrative Law
This study examines the regulatory design of smart city governance in Indonesia through a normative legal approach, with a focus on balancing public safety, privacy, and civil liberties within the framework of administrative law. The rapid adoption of digital technologies—such as surveillance systems, big data analytics, and automated decision-making—has enhanced governmental capacity in delivering public services and maintaining security. However, these developments also raise significant legal challenges related to data protection, administrative discretion, and the potential infringement of fundamental rights. This research analyzes relevant legal frameworks, including constitutional provisions, administrative law principles, and sectoral regulations on digital governance and personal data protection. The findings reveal that Indonesia’s current regulatory framework is fragmented and lacks comprehensive integration, resulting in an imbalance that tends to prioritize public safety and administrative efficiency over privacy and civil liberties. The study identifies key challenges, including weak implementation of data protection principles, limited transparency in algorithmic governance, and inadequate oversight mechanisms. From an administrative law perspective, principles such as legality, proportionality, transparency, accountability, and legal certainty have not been fully operationalized in smart city policies. This study proposes a more integrated and principles-based regulatory model that harmonizes existing regulations, strengthens institutional coordination, and embeds human rights safeguards into digital governance. By aligning smart city development with the rule of law and constitutional values, the study contributes to the formulation of a balanced regulatory framework that supports technological innovation while protecting individual rights in Indonesia.
Copyright (c) 2026 Paramita Andiani, Auliya Citra, Irwan Amar https://creativecommons.org/licenses/by-sa/4.0
Corporate Liability for Environmental Crimes in Industrial Supply Chains: A Criminal and Administrative Law Approach
This study analyzes corporate liability for environmental crimes within industrial supply chains in Indonesia through a normative legal approach integrating criminal and administrative law perspectives. The research examines the adequacy of the existing legal framework, particularly Law No. 32 of 2009 on Environmental Protection and Management, in addressing corporate accountability for environmental harm. By applying statutory, conceptual, and case approaches, this study identifies key challenges in enforcement, including difficulties in proving corporate intent, fragmentation of responsibility within supply chains, and the predominance of administrative sanctions over criminal prosecution. The findings indicate that although Indonesian law formally recognizes corporate criminal liability and incorporates strict liability principles, practical implementation remains limited due to evidentiary constraints, institutional weaknesses, and regulatory gaps. Furthermore, the complexity of industrial supply chains enables corporations to diffuse responsibility through subcontracting and outsourcing practices. This study proposes an integrated liability model that strengthens coordination between criminal and administrative enforcement, expands corporate responsibility across supply chains, and enhances the deterrent effect of sanctions. The study contributes to legal scholarship by offering a holistic framework for corporate environmental accountability and provides policy recommendations to support sustainable industrial governance in Indonesia.
Copyright (c) 2026 Rani Eka Arini, Salwa Aulia Novitasari, Almira Ulimaz https://creativecommons.org/licenses/by-sa/4.0
Protection of Indigenous Peoples’ Land Rights in Agrarian Reform Policy: A Normative and Implementational Legal Study
This study examines the protection of Indigenous Peoples’ land rights within the framework of agrarian reform policy through a normative and implementational legal analysis. The research aims to analyze the extent to which existing legal frameworks recognize and protect Indigenous land rights, identify inconsistencies within regulatory structures, and evaluate the effectiveness of their implementation in practice. Employing a normative juridical approach, this study analyzes constitutional provisions, statutory regulations, and relevant legal doctrines, complemented by a qualitative assessment of implementation challenges. The findings reveal that although Indigenous land rights are formally recognized in the legal system, such recognition remains conditional and fragmented across sectoral regulations. Overlapping authorities between land, forestry, and other resource-related laws create legal uncertainty and hinder the effective protection of customary land. Furthermore, the implementation of agrarian reform policies often fails to accommodate the collective nature of Indigenous land tenure, resulting in the marginalization of Indigenous communities. Bureaucratic complexities, limited institutional coordination, and weak enforcement mechanisms further exacerbate these challenges, leading to persistent land conflicts and dispossession. This study highlights a significant gap between normative legal guarantees and practical realities. It emphasizes the need for a more integrative and responsive legal framework that harmonizes regulations, strengthens the recognition of customary land rights, and ensures meaningful participation of Indigenous Peoples in agrarian reform processes. By bridging normative analysis with implementation perspectives, this research contributes to the development of more equitable and inclusive land governance systems that uphold Indigenous rights and promote social justice.
Copyright (c) 2026 Salwa Aulia Novitasari, Arief Fahmi Lubis, Dila Padila Nurhasanah https://creativecommons.org/licenses/by-sa/4.0
Climate Lawsuits and the Justiciability of the Right to a Clean and Healthy Environment: Trends in Judicial Practice in Indonesia
This study examines the development of climate litigation in Indonesia and its implications for the justiciability of the right to a clean and healthy environment. Using a normative legal approach, the research analyzes constitutional provisions, statutory regulations, and judicial decisions to evaluate how Indonesian courts interpret and enforce environmental rights in the context of climate change. The study finds that although the right to a clean and healthy environment is explicitly recognized in Article 28H(1) of the Constitution of the Republic of Indonesia 1945 and further supported by environmental legislation, its judicial enforcement remains inconsistent. Key challenges include limitations in legal standing, difficulties in establishing causation, and judicial reluctance to intervene in policy-related matters. Nevertheless, emerging judicial trends indicate a gradual shift toward more progressive interpretations, including the application of precautionary principles and broader recognition of environmental harm. This study concludes that strengthening legal frameworks, enhancing judicial capacity, and integrating climate-specific norms are essential to improving the enforceability of environmental rights. The findings contribute to the discourse on environmental constitutionalism and climate justice, particularly in developing country contexts.
Copyright (c) 2026 Silvester Magnus Loogman Palit, Tumian Lian Daya Purba, William Hendrik Reba https://creativecommons.org/licenses/by-sa/4.0
Law Enforcement Strategies Against Crypto-Asset Money Laundering: Challenges in Evidence and Cross-Border Cooperation
This study examines law enforcement strategies in addressing cryptocurrency-based money laundering, with particular emphasis on evidentiary challenges and cross-border cooperation using a normative legal approach. The rapid development of digital assets such as Bitcoin has introduced new complexities in financial crime, enabling illicit actors to exploit decentralized systems and pseudonymous transactions. Through doctrinal analysis of legal frameworks, regulations, and international standards, including those established by the Financial Action Task Force, this research identifies key gaps in the current legal system. The findings reveal that the collection and admissibility of digital evidence remain significant obstacles due to difficulties in linking blockchain transactions to identifiable individuals, as well as limitations in technical capacity and legal procedures. Additionally, cross-border cooperation is hindered by regulatory fragmentation, jurisdictional differences, and slow mutual legal assistance mechanisms. Existing law enforcement strategies—while incorporating regulatory, technological, and institutional approaches are often insufficient and lack integration. This study concludes that strengthening international legal harmonization, enhancing digital forensic capabilities, and reforming cross-border cooperation mechanisms are essential to improving enforcement effectiveness. Furthermore, adaptive legal frameworks are needed to balance innovation in cryptocurrency with accountability and oversight. This research contributes to the development of more responsive legal strategies to combat cryptocurrency-based money laundering in an increasingly globalized digital economy.
Copyright (c) 2026 Dwi Saleha, Munawir Munawir, Djuhrijjani Djuhrijjani, Nizla Rohaya, Muhammad Nazir https://creativecommons.org/licenses/by-sa/4.0
Whistleblower Protection Models in Corruption Cases: A Legal Analysis of Reporting Mechanisms and Whistleblower Safety
Whistleblowers play a crucial role in exposing corruption, yet their effectiveness is often constrained by inadequate legal protection and ineffective reporting mechanisms. This study aims to analyze whistleblower protection models in corruption cases through a normative legal approach, focusing on the relationship between reporting systems and whistleblower safety. The research utilizes statutory, conceptual, and comparative approaches by examining legal instruments, doctrines, and best practices across jurisdictions. The findings reveal that although many legal systems have established formal whistleblower protection frameworks, significant gaps remain in their implementation, particularly in ensuring confidentiality, protection against retaliation, and access to reliable reporting channels. The effectiveness of whistleblowing systems is largely determined by the availability of secure, independent, and accessible reporting mechanisms, as well as the strength of institutional support and enforcement. Furthermore, whistleblower safety requires not only legal guarantees but also practical measures such as witness protection, psychological support, and financial safeguards. The study concludes that an integrated protection model—combining comprehensive legal frameworks, effective reporting mechanisms, and robust institutional coordination—is essential to enhance whistleblower participation and strengthen anti-corruption efforts.
Copyright (c) 2026 Tumian Lian Daya Purba, Silvester Magnus Loogman Palit https://creativecommons.org/licenses/by-sa/4.0
The Application of the Principle of Due Process of Law in Arrests and Detentions Based on Electronic Evidence in Criminal Cases
The advancement of digital technology has significantly transformed the nature of criminal activities and the methods used in law enforcement, particularly through the increasing reliance on electronic evidence. This study aims to analyze the application of the principle of due process of law in arrests and detentions based on electronic evidence within criminal proceedings. Using a normative legal research approach, this study examines statutory regulations, legal doctrines, and relevant scholarly literature to evaluate whether current legal frameworks adequately protect individual rights. The results indicate that although electronic evidence has been formally recognized as valid legal evidence, its use as the basis for arrest and detention presents significant challenges. The absence of clear technical and procedural standards, particularly in determining “sufficient preliminary evidence,” may lead to inconsistencies and potential violations of due process. Issues related to authenticity, integrity, chain of custody, and technical validation of electronic evidence further complicate its reliability. Moreover, the complexity of digital evidence creates an imbalance between law enforcement authorities and suspects, limiting the latter’s ability to effectively challenge such evidence. This study concludes that the application of due process of law in cases involving electronic evidence remains inadequate due to gaps in the regulatory framework and limited institutional capacity. Therefore, it is necessary to strengthen legal standards, enhance judicial oversight, and develop technical guidelines to ensure that the use of electronic evidence aligns with fundamental principles of justice and human rights. This research contributes to the development of criminal law by providing a normative evaluation of the intersection between technological advancements and procedural safeguards
The Role of Mobile Forensics as Electronic Evidence in Proving Murder Cases
This study examines the role of mobile forensics as electronic evidence in proving murder crimes in Indonesia amidst the increasing complexity of crimes and perpetrators' efforts to eliminate digital traces. The study uses a normative juridical method with a descriptive-analytical approach through a literature review of relevant laws and regulations, court decisions, and scientific literature. The results of the study indicate that mobile forensics has an important position in the criminal evidence system because it is able to produce legally valid electronic information and/or electronic documents as recognized in the Criminal Procedure Code, the ITE Law, and strengthened by Constitutional Court Decisions. In murder cases, mobile forensics plays a strategic role in tracing communications, locations, metadata, and digital activities to reconstruct the chronology of events, identify the perpetrator, and strengthen the judge's conviction. However, the strength of its evidence is highly dependent on the authenticity, integrity, and reliability of the data, as well as compliance with legal procedures such as chain of custody, lawful seizure, and the involvement of digital forensic experts. This study concludes that mobile forensics has become an important instrument in modern criminal law evidence, but its optimization still faces challenges in the form of lack of uniform operational standards, limited human resources, and the need to strengthen regulations to create legal certainty, justice, and effective law enforcement in the digital era.
Copyright (c) 2026 Andreas Bintang Raja Sihombing, Patrisia Tanwijaya, Najla Azrijal Chosaf, Michelle Evelyn Marpaung, Keisha Zahra Wibowo, Dyo Ganda Siadari, Dinda Aurelia Rosi Nasution, Boy Gabriel Yohanes Simarmata, Ariel Alexander, Yuni Priskila Ginting https://creativecommons.org/licenses/by-sa/4.0
Restoration of Good Name Towards Victims of Online Defamation as a Form of Cyberbullying
With the pervasive use of digital platforms, online defamation has emerged as a prominent form of cyberbullying, threatening individuals’ reputations, psychological well-being, and social credibility. This study investigates mechanisms for restoring the good name of victims of online defamation, emphasizing legal, social, and psychological interventions. Using a mixed-method approach, quantitative data were collected from 300 social media users who experienced defamation, while qualitative interviews explored personal experiences, coping strategies, and social reintegration. Data analysis employed Structural Equation Modeling–Partial Least Squares (SEM-PLS) to evaluate relationships among online defamation, psychological impact, social support, restorative strategies, digital literacy, and perceived reputation recovery. Findings indicate that social support, digital literacy, and restorative justice interventions significantly enhance reputation restoration, with victims who received legal action, public acknowledgment, and community support reporting the most effective outcomes. Grounded in Cyberbullying Theory, Reputation Management Theory, and Restorative Justice Theory, the study provides a comprehensive framework linking individual psychological resilience, social perception, and restorative mechanisms. The results highlight the importance of culturally sensitive approaches, including social norms, online ethics, and communication strategies tailored to specific communities. These insights inform policy design, platform governance, and educational programs aimed at mitigating online defamation, empowering victims, and promoting digital literacy. The study contributes to theory by integrating social, legal, and psychological perspectives on reputation restoration, and to practice by offering actionable strategies for victims, policymakers, and digital platform managers.
Copyright (c) 2026 Ni Made Padmawardhani Rakheswari https://creativecommons.org/licenses/by-sa/4.0
Copyright Protection for Songs and/or Music Remixes Published on YouTube
Song recycling is the activity of updating and re-singing a singer's previous song (old version). Recycling songs and/or music generally used Youtube as a publication medium. The purpose of this study is to determine the copyright protection of song and/or recycling through Youtube media as a medium that is often used to publish song recycling content. This research uses normative juridical research methods. The results showed that based on Law No. 28 of 2014 concerning Copyright, everyone who wants to recycle songs must obtain permission from the creator and/ or copyright holder because it includes exercising economic rights belonging to the creator and/or copyright holder. Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Electronic Information and Transactions also regulated that the recycled version of the song is one form of electronic document, if it contains copyright infringement then electronic system operator has the right to cut off access.
Copyright (c) 2026 Melinda Wahyu Prihastiwi, Tashya Panji Nugraha https://creativecommons.org/licenses/by-sa/4.0
Supervision of Law Enforcement Authority Through Pre-Trial in the 2025 Criminal Code
This study aims to analyze whether the 2025 Criminal Procedure Code (KUHAP) has addressed the substantive weaknesses of pretrial proceedings, how law enforcement authorities are monitored through pretrial proceedings in the 2025 Criminal Procedure Code, and how pretrial proceedings differ from those in the 2025 Criminal Procedure Code (KUHAP) with Habeas Corpus in the UK and Rechter Commissioner in the Netherlands. This research is descriptive, using a statutory, conceptual, and comparative legal approach. It utilizes secondary data and is analyzed qualitatively. The results indicate that: 1) Substantially, the 2025 Criminal Procedure Code has attempted to address the weaknesses of pretrial proceedings, namely by expanding the scope and strengthening the pretrial mechanism, with the exception of the still unclear third party, the focus of the examination, and the procedural law used. 2) Supervision of law enforcement authorities through pretrial proceedings in the 2025 Criminal Procedure Code The scope of pretrial proceedings has expanded, with the addition of: suspect determination, searches, seizures, wiretapping, letter inspection, blocking, travel bans, unrelated seizures, case delays, and suspensions. Weaknesses include: a) Coercive measures authorized by the Chief Justice are excluded from pretrial proceedings. b) New pretrial proceedings have not been specifically regulated, and c) the examination of suspects/witnesses/victims is not included in pretrial proceedings. 3) Habeas Corpus only focuses on assessing the validity of a person's detention. The Rechter Commissioner focuses on broad oversight of investigators' actions prior to the investigation (pre-trial), while pretrial proceedings focus on a broad examination and are assessed after the action has been taken (post factum).
Copyright (c) 2025 Muhammad Yasir https://creativecommons.org/licenses/by-sa/4.0
Legal Protection for E-Commerce Websites Examined from an Intellectual Property Rights Perspective
Digital transformation in business operations has been driven by the rapid growth of the e-commerce industry in Indonesia. Protecting intellectual property rights (IPR), including copyright, trademarks, and digital information, on e-commerce sites has become increasingly legally challenging due to this trend. This study aims to analyze the legal framework for IPR protection on e-commerce platforms and identify barriers to its implementation. The study uses legislative and conceptual approaches, as well as normative legal research methodology. The findings indicate that although the legal framework for IPR protection has been comprehensively regulated, a lack of awareness among business actors, particularly MSMEs, and an inadequate monitoring and enforcement system have hampered its implementation. To build a fair, safe, and sustainable digital business ecosystem, this study highlights the importance of strengthening law enforcement, improving digital monitoring systems, and enhancing legal knowledge among business actors.
Copyright (c) 2026 Yuliani Darmawan, Sapitri Sri Rahayu, Cici Munte, Sri Septiani Dewi https://creativecommons.org/licenses/by-sa/4.0
Legal Certainty in Electronic Contracts for E-Commerce Transactions in Indonesia
The rapid expansion of e-commerce in Indonesia has led to the extensive use of electronic contracts as the primary legal instrument governing digital transactions. This development raises important legal issues related to legal certainty, particularly concerning the validity, enforceability, evidentiary value, and protection of parties involved in electronic contracts. This study aims to analyze legal certainty in electronic contracts within e-commerce transactions in Indonesia using a normative juridical approach. The research examines statutory regulations, legal principles, and doctrines related to contract law, electronic transactions, and consumer protection. The findings indicate that Indonesian law has formally recognized electronic contracts as legally binding and has acknowledged electronic documents as valid evidence. However, several challenges remain, including ambiguity in electronic consent, limitations in authentication mechanisms, evidentiary reliability, and the imbalance of bargaining power between business actors and consumers. The lack of full harmonization between traditional contract law and electronic transaction regulations also affects the predictability and consistency of legal enforcement. This study concludes that while the existing legal framework provides a basic level of legal certainty, further normative refinement and regulatory harmonization are necessary to strengthen legal protection and enhance trust in e-commerce transactions in Indonesia.
Copyright (c) 2026 Ade Pratiwi Susanty https://creativecommons.org/licenses/by-sa/4.0
Public Protection from The Risk of Criminality Based on Artificial Intelligence from a Legal Perspective Modern Crime
The development of artificial intelligence (AI) has brought about significant changes in the social, economic, and legal order. Despite the various benefits offered, the use of AI also opens up the possibility of new forms of crime that are increasingly complex, automated, transcend national borders, and difficult to identify. AI-based crimes include automated fraud, identity forgery through deepfake technology, adaptive cyberattacks, misuse of personal data, and transnational cybercrime. These phenomena pose serious threats to public security, national resilience, and public trust in digital governance. Therefore, this study examines crime patterns that utilize AI and analyzes modern criminal law responses to these risks, both in the Indonesian context and internationally. This study uses a normative juridical method with a statutory and conceptual approach to examine criminal law norms, the regulation of cybercrime, and international instruments related to the use of artificial intelligence (AI). The results of the study indicate that modern criminal law still essentially places humans and corporations as the primary subjects of criminal responsibility, while AI is viewed as a means or tool that can be exploited in committing crimes. Therefore, to ensure effective public protection from AI-based crimes, adaptive legal reforms, prevention-oriented law enforcement, strengthening corporate criminal liability, and increased international cooperation are needed.
Copyright (c) 2026 Maria Angelorum Boekan https://creativecommons.org/licenses/by-sa/4.0
The Registration of Waqf Land in Realizing Legal Certainty in Indonesia
Waqf is one of the acts of worship of Muslims. Law Number 41 of 2004 stipulates that waqf is a legal act by a waqif to separate and/or transfer part of his property to be used forever or for a certain period of time in accordance with his interests for the purposes of worship and/or public welfare in accordance with sharia. The waqf of land ownership in Indonesia requires professional management so that it can become a religious institution as well as an institution that can help the economy of Muslims. Waqf requires legal certainty to avoid conflicts in the future. Legal certainty is obtained by registering the waqf at the Land Office so that a certificate is obtained which serves as proof of ownership of the waqf land. The method used in this study is the normative juridical method. The data sources are secondary data. The data collection method was conducted through a literature study. Data processing was carried out using descriptive analysis. The registration of Waqf Land in the National Land Law System is carried out through the Land Registration mechanism regulated in Government Regulation Number 24 of 1997 in conjunction with Government Regulation Number 18 of 2021.
Copyright (c) 2026 Damianus Krismantoro, Maria Hutapea, Tiany Swastika Pramesti Kristiyadi https://creativecommons.org/licenses/by-sa/4.0
The Significance of Pancasila Education in Higher Education Institutions for Improving Students’ Legal Awareness
Pancasila is the philosophical foundation of the Indonesian nation, serving as the guiding vision for education and character development. One aspect of character building that is important to develop through Pancasila Education is the development of legal awareness, especially in shaping students who understand their own rights and obligations and those of others, and in creating an orderly and fair environment. This study aims to analyze the significance of Pancasila Education in increasing legal awareness among university students and to identify strategies for implementing Pancasila Education in order to increase legal awareness among university students. This study employs a combination of qualitative and quantitative methods, utilizing a normative approach. The results of the study show that Pancasila Education is still significant in higher education to increase legal awareness among students, with adaptive implementation and strong dedication needed to overcome challenges and maintain its relevance among students.
Copyright (c) 2026 Roberto Sitepu, Etty Indrawati, Richard Willie Handoyo https://creativecommons.org/licenses/by-sa/4.0
Sexual Violence in Public Spaces: A Criminological Study of Social and Cultural Factors
Sexual violence in public spaces continues to increase in both physical and digital spaces. This study aims to analyze the social and cultural factors that influence the occurrence of sexual violence and assess the implementation of law enforcement through a normative juridical approach. Using primary legal materials such as the TPKS Law, the Criminal Code, and sectoral regulations, as well as secondary legal materials such as criminology literature and academic studies, this study found that sexual violence in public spaces is influenced by the dominance of patriarchal culture, the normalization of aggressive sexual behavior, the practice of victim blaming, the weakness of the public space surveillance system, and the limitations of institutional responses. From a legal perspective, the TPKS Law provides a comprehensive legal basis for the prevention and handling of sexual violence, including reporting mechanisms, victim-friendly investigations, evidence-based electronic evidence, and victim recovery. However, its implementation still faces structural obstacles such as a lack of gender education, a lack of gender-responsive policies in public institutions, and a social culture that tolerates violence. These findings underscore the need for a holistic prevention strategy that combines law enforcement, gender education, strengthening the design of public spaces, and cultural change campaigns to create safe and gender-equitable public spaces.
Sexual Violence, Public Space, Feminist Criminology, Patriarchy, Victim Blaming, TPKS Law
Copyright (c) 2026 Peter Guntara, Trias Pangesti, Yessa Ayu Agista https://creativecommons.org/licenses/by-sa/4.0