Journal of Law, Human Rights, Immigration, and Corrections
Journal of Law, Human Rights, Immigration, and Corrections (LAWRIC) is a peer-reviewed academic publication that brings together interdisciplinary research and critical scholarship on legal frameworks, human rights issues, migration studies, and correctional systems. Issued three times a year in February, June, and October the journal features original empirical studies, theoretical analyses, policy evaluations, and comparative perspectives aimed at advancing understanding of law’s role in protecting individual rights, regulating cross-border movement, and reforming correctional practices. By welcoming contributions from scholars, practitioners, and policymakers worldwide, the journal fosters rigorous dialogue on emerging challenges and best practices across its four focal areas, without focusing on a specific theme for each issue.
Urgently Regulating Gacha Microtransactions as Digital Gambling in Indonesian Consumer Protection Theory
The urgency of microtransaction regulation through the in-game gacha system developed by miHoYo as a form of practice that potentially resembles digital gambling. The gacha system raises legal issues because players spend money to acquire virtual items at random with no certainty of outcome. This research uses normative legal method with legislation, conceptual, and comparative approaches. The results of the study indicate that Indonesia does not yet have specific regulations governing the gacha system, causing a legal vacuum in the protection of digital consumers. Gacha practices also potentially violate the principles of transparency, fairness, and consumers ' right to truthful, clear, and honest information. Therefore, special arrangements are needed that regulate the transparency of opportunities, age restrictions, transaction supervision, and responsibility of digital game business actors.
Copyright (c) 2026 Moh. Zidhan Madina, Dolot Alhasni Bakung, S.H., M.H., Fitran Amrain, S.H., M.H. (Author) https://creativecommons.org/licenses/by-sa/4.0
Implementation of Spousal Rights and Obligations in Kawin Turun Marriage, South Kotamobagu
This study examines how spousal rights and obligations are implemented in the Kawin Turun marriage practice in South Kotamobagu. Kawin Turun is a socially negotiated marriage conducted after premarital pregnancy, but the husband commonly leaves the wife after the marriage ceremony. Using empirical legal research with a qualitative approach, this study draws on interviews, observation, and legal materials concerning marriage law and customary practice. The findings show that the legal bond of marriage does not automatically produce substantive domestic life. The husband’s obligations to provide maintenance, protection, and residence are weakly fulfilled because economic readiness and cohabitation are absent. The wife’s domestic role is also constrained because household management occurs without spousal support. This gap reveals limited legal protection for women and children when customary settlement dominates formal marital obligations. The study concludes that Kawin Turun requires preventive legal education, Religious Affairs Office supervision, and community-based intervention by local institutions.
rights and obligations of husband and wife
Copyright (c) 2026 Gavinna Mantali, Dolot Alhasni Bakung, Fitran Amrain (Author) https://creativecommons.org/licenses/by-sa/4.0
Law Enforcement of Assault Crimes in Boalemo Regency from Legal Certainty Perspective
This study examines law enforcement of assault crimes in Boalemo Regency from the perspective of legal certainty. The issue is important because police crime data from 2022 to 2024 show that assault remains a prominent local crime requiring consistent legal handling and community protection. This research uses empirical legal research with statutory and conceptual approaches. Data were obtained from police crime records, interviews with law enforcement officers and perpetrators, and relevant criminal law literature. The findings show that law enforcement must be assessed through the application of the Criminal Code, classification of assault, investigation procedures, article determination, victim protection, and limits of police discretion. Legal certainty is reflected in consistent reporting, evidence collection, case handling, and submission procedures. The study concludes that assault law enforcement in Boalemo requires accurate application of the applicable Criminal Code and stronger preventive legal education.
Copyright (c) 2026 syarif djafar, Fenty Puluhulawa, irlan puluhulawa (Author) https://creativecommons.org/licenses/by-sa/4.0
Relevance of Article 27A of Law Number 1 of 2024 to Cyberbullying
The acceleration of digitalization in Indonesia has fueled a rise in cyberbullying, which threatens personal dignity and social stability. In response, Law No. 1 of 2024 introduced Article 27A into Law No. 11 of 2008 on Electronic Information and Transactions as a specific normative instrument to address such acts. This normative legal study examines the relevance, effectiveness, and challenges of Article 27A within a human rights framework. The research findings indicate that Article 27A represents a significant legislative advancement that provides a specific legal basis for prosecuting cyberbullying. However, its implementation remains hindered by ambiguous definitions, difficulties in obtaining digital evidence, and inconsistent judicial interpretations. The study concludes that Article 27A cannot stand alone as a sole instrument. Harmonized implementing regulations, enhanced competencies of law enforcement officials, and cross-sectoral digital literacy programs are required to achieve comprehensive and effective legal protection in the virtual space.
Copyright (c) 2026 Riski A. Thalib, Suwitno Yutye Imran, Muhamad Khairun Kurniawan Kadir (Author) https://creativecommons.org/licenses/by-sa/4.0
Effectiveness of Alcoholic Beverage Regulation Enforcement for Public Order in Gorontalo City
This article examines the effectiveness of Gorontalo City Regional Regulation Number 3 of 2017 on alcoholic beverage control and supervision in realizing public order. The study responds to the persistence of hidden and adaptive illegal sales despite the regulation’s administrative objectives. Using empirical legal research with a qualitative approach, data were collected through interviews with Civil Service Police Unit officers, community information, observation, and supporting documents, then analyzed through legal effectiveness and law enforcement theories. The findings show that implementation has occurred through patrols, raids, supervision, enforcement, and public complaint services. However, effectiveness remains moderate because violations persist, operational facilities are limited, public compliance is uneven, and legal culture has not fully supported social control. This article contributes an empirical assessment of regional regulation implementation by linking legal substance, enforcement capacity, community participation, and public order. Strengthening supervision, sanctions, documentation, and community reporting is required in Gorontalo City context.
Copyright (c) 2026 Ahmad Hidayat Djabarudin, Zamroni Abdussamad, Julius T. Mandjo (Author) https://creativecommons.org/licenses/by-sa/4.0
Judicial Reasoning on Force Majeure in Banking Credit Agreements Following Natural Disasters
This article examines judicial reasoning in determining whether a debtor’s failure to perform obligations under a banking credit agreement following a natural disaster constitutes force majeure or breach of contract. It applies normative legal research using statutory, conceptual, and case approaches, with a comparative analysis of Decision Number 9/Pdt.G/2019/PTA.Gtlo of the Gorontalo Religious High Court and Decision Number 97/Pdt.G/2020/PA.Pal of the Palu Religious Court. The study finds that the Gorontalo decision recognized relative overmacht and restricted collateral execution, whereas the Palu decision rejected force majeure because the contractual object remained usable and the debtor lacked sufficient good faith. These differing approaches create uncertainty for creditors in debt recovery, restructuring, and collateral execution. The article proposes assessment indicators based on causation, the condition of the collateral, the temporary or permanent nature of the impediment, debtor good faith, restructuring efforts, and proportional creditor action.
Copyright (c) 2026 Moh. Nur Rahmat Cono, Nirwan Junus, Mohamad Taufiq Zulfikar Sarson (Author) https://creativecommons.org/licenses/by-sa/4.0
Juridical Study of Forest Area Conversion into Agricultural Land in Tamit Village
This study analyzed the juridical changes in the function of forest areas into agricultural land in the village of Tamit, Bunobogu District. The research uses empirical legal methods with a socio-legal approach through observation, interviews, and literature studies. The results showed that land use by the community obtained a legal basis after the area of Tamit village was designated as another Use Area (APL) based on SK 6624/MENLHK-PKTL/KUH/PLA.2/10/2021. Legal certainty is strengthened through land certification, especially PTSL programs, which transform factual control into juridical rights. However, Forestry supervision is still needed so that land use does not exceed APL limits. The synchronization of forest, land, and community participation laws is the key to legal protection.
Copyright (c) 2026 Handipan H. Ali, Dolot Alhasni Bakung, Fitran Amrain (Author) https://creativecommons.org/licenses/by-sa/4.0
Criminal Liability for Online Gender-Based Sextortion Against Women Under Indonesian Criminal Law
The development of digital technology has prompted an increase in Online Gender-Based Violence (OGBV) cases, particularly in the form of sextortion targeting women, which has not been specifically regulated under Indonesian criminal law. This study aims to analyze the criminal liability of sextortion perpetrators under Indonesian criminal law, using normative legal research methods with statutory and conceptual approaches. The findings indicate that the handling of sextortion in Indonesia remains fragmented across multiple regulations, namely the Criminal Code, the Electronic Information and Transactions Law, the Pornography Law, and the Sexual Violence Crimes Law. This regulatory fragmentation creates legal uncertainty, judicial inconsistency, and suboptimal protection for victims. Therefore, a specific sextortion criminal provision with a gender perspective is urgently needed to ensure legal certainty and substantive justice for female victims in the digital era.
Copyright (c) 2026 Rafli H. Husain, Dian Ekawaty Ismail, Mohamad Rivaldi Moha (Author) https://creativecommons.org/licenses/by-sa/4.0
Monetization of AI-Generated Songs for Authors’ Economic and Moral Rights Protection
Rapid advancements in Artificial Intelligence (AI) have significantly impacted the music industry by enabling AI systems to autonomously create song compositions. This development presents critical legal challenges, particularly concerning the protection of economic and moral rights associated with AI-generated songs. The study examines whether current Copyright Law effectively addresses these issues, employing normative research methods and focusing on relevant legislation and concepts. Findings indicate considerable limitations within existing legal frameworks since the definition of a creator typically pertains to human authors. Consequently, works produced by AI are subjected to a legal gap, resulting in ambiguity regarding the safeguarding of moral and economic rights. The study advocates for regulatory reforms that would clearly define the legal status of AI-generated works, ensuring both legal certainty and fair intellectual property rights protection in the evolving digital landscape.
Copyright (c) 2026 Faradigma D. Zainuddin, Nirwan Junus, Nurul Fazri Elfikri (Author) https://creativecommons.org/licenses/by-sa/4.0
The effectiveness of KONI pre-arbitration in the settlement of National Sports Disputes
This study analyzes the effectiveness of KONI pre-arbitration in resolving national sports disputes and protecting athletes’ rights. The issue is significant because sports disputes require mechanisms that are faster, more adaptive, and more compatible with sports governance than ordinary litigation. This normative legal research uses statutory and historical approaches, supported by legal interpretation of primary regulations, organizational documents, and relevant scholarly literature. The findings show that KONI pre-arbitration has three strategic functions: facilitating internal deliberation, filtering disputes before formal arbitration, and serving as a procedural gateway to the Indonesian Sports Arbitration Board. Its effectiveness depends on clear operating standards, formal documentation, administrative support, institutional compliance, and consistent protection of athletes affected by organizational or contractual disputes. Strengthening standard procedures, minutes of settlement or deadlock, referral mechanisms, and administrative enforcement is therefore necessary to ensure legal certainty, prevent prolonged conflict, and safeguard athletes’ professional interests effectively within the national sports system.
Legal Certainty; KONI; Pre-Arbitration; Sports Dispute; Athletes’ Rights.
Copyright (c) 2026 Mohamad Alim Rifay Thalib, Fence M. Wantu, Dolot Alhasni Bakung (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Implications of Blank Column for Participation and Pilkada Results in Indonesia
This study examines the legal implications of blank columns (empty boxes) on voter participation and electoral outcomes in Indonesia’s single-candidate regional elections (Pilkada). Utilizing normative legal research with statutory and case approaches, this paper analyzes how the blank column operates within the constitutional framework of local democracy. The findings indicate that while the blank column procedurally protects voting rights by preventing the automatic victory of single candidates, it fundamentally highlights a structural deficit in substantive democracy due to a severe lack of political competition. Furthermore, a blank column victory legally disrupts governance continuity, necessitating the appointment of unelected interim regional heads. Consequently, this study demonstrates that the blank column functions merely as a post-facto corrective mechanism rather than a preventive solution for flawed candidate recruitment. It concludes that Indonesian electoral design requires substantial reform to foster genuine political contestation and safeguard substantive democratic legitimacy.
Blank Column; Legal Implications; Participation; Pilkada; Single-Candidate Election.
Copyright (c) 2026 Ahmad Riyadi Akili Adam, Zamroni Abdussamad , Mohamad Rivaldi Moha (Author) https://creativecommons.org/licenses/by-sa/4.0
Restorative Justice and Hybrid Mediation: Reforming Civil Dispute Resolution in Indonesian Courts
This article evaluates the effectiveness of mediation processes in Indonesian civil dispute resolution, emphasizing restorative justice and institutional challenges. By employing a normative empirical methodology, the study analyzes Supreme Court data and Scopus indexed literature to assess systemic disparities between religious and general courts. Findings demonstrate a steady increase in mediation success, reaching fifty four percent recently. However, this success is severely hindered by overreliance on external mediators who often lack substantive legal authority, alongside cultural tendencies favoring adversarial litigation. The novelty of this research lies in proposing a hybrid mediation model and institutionalizing customary restorative justice principles within civil procedures to fulfill substantive justice. The study concludes that mandatory certification, advanced digital mediation platforms, and continuous cross sectoral collaboration are strictly essential. Ultimately, optimizing these structural frameworks will significantly reduce case backlogs, ensuring that amicable settlements become the fundamental pillar of a sustainable and highly equitable modern judicial system.
Court Mediation; Civil Disputes; Restorative Justice; External Mediator; Indonesian Judiciary.
Copyright (c) 2026 Jeremiah Ray Wilson, Adi Sulistiyono (Author) https://creativecommons.org/licenses/by-sa/4.0
Consumer Legal Protection Against the Distribution of Illicit Cosmetics in North Gorontalo
The distribution of illicit cosmetic products in North Gorontalo traditional markets poses highly substantial health risks, highlighting a critical gap between statutory consumer protection norms and empirical practices. This study evaluates the efficacy of legal safeguards in ensuring consumer security. Employing an empirical juridical methodology with statutory and conceptual frameworks, this research utilizes field interviews with the Gorontalo BBPOM enforcement team, market traders, and consumers, alongside comprehensive literature reviews. Findings indicate that legal protection operates through preventive mechanisms, including public socialization and routine surveillance, alongside repressive measures like product confiscation and strict law enforcement. However, systemic effectiveness remains fundamentally constrained by consumers' inadequate legal awareness and the complex dynamics of online distribution networks. Ultimately, this current study concludes that fortifying public legal literacy and substantially augmenting institutional supervisory capacities constitute indispensable strategic imperatives for actualizing optimal, sustainable consumer protection against hazardous, unregulated commodities within the contemporary Indonesian domestic retail marketplace.
Consumer Protection; Illegal Cosmetics; Legal Effectiveness; Law Enforcement; North Gorontalo.
Copyright (c) 2026 Rahmatiya Latif, Weny Almoravid Dungga, Sri Nanang M. Kamba (Author) https://creativecommons.org/licenses/by-sa/4.0
The Legal Liability of Marketplace Retailers for the Distribution of Counterfeit Goods in Indonesia
This study examines the legal liability of marketplace retailers concerning the distribution of counterfeit products across Indonesia. Utilizing a normative legal research methodology incorporating statutory, conceptual, and analytical approaches, this research thoroughly investigates retailer accountability within the expanding digital economy. The core findings demonstrate that retailers are strictly subject to civil liability through financial compensation, administrative liability via government sanctions, and contractual liability based on their agreements with consumers and digital platforms. The continuous circulation of counterfeit goods inherently violates consumer protection regulations and directly contravenes the fundamental principle of good faith, subsequently rendering associated sales agreements completely null and void under civil law. Furthermore, the current regulatory framework lacks comprehensive oversight mechanisms specifically targeting these digital retailers. Consequently, this study explicitly recommends strengthening legal regulations, enhancing mandatory product verification procedures by marketplace operators, and enforcing integrated preventive oversight between the state and platforms to effectively protect all vulnerable consumers.
Accountability; Consumer Protection; Counterfeit Goods; Digital Marketplace; Legal Liability.
Copyright (c) 2026 Abelita Daud, Dolot Alhasni Bakung, Fitran Amrain (Author) https://creativecommons.org/licenses/by-sa/4.0
The Probative Value of Digital Signatures in Authentic Deeds
This study examines the validity and legal implications of electronic signatures in notarial agreements within the Indonesian jurisdiction. Although the Electronic Information and Transactions Law recognizes electronic signatures as valid legal evidence, their direct application to authentic deeds still faces severe normative constraints under the Notary Public Act. Specifically, the Act firmly mandates the physical presence of all parties, the verbal reading of the deed, and the physical signing before an authorized notary. Utilizing normative legal research and statutory approaches, this analysis demonstrates that employing electronic signatures without careful regulatory harmonization degrades the evidentiary power of authentic deeds, effectively reducing them to mere underhand deeds. This systemic conflict generates profound legal uncertainty while significantly increasing the professional liability risks for notaries nationwide. Therefore, comprehensive statutory synchronization alongside the establishment of definitive implementing regulations remains absolutely essential to support a secure, legally sound, and highly prudent digital transformation of notarization practices.
Cyber Notary; Electronic Signature; Legal Validity; Notarial Deed; Evidentiary Power.
Copyright (c) 2026 R. Dian Luthfiana Harun, Weny Almoravid Dungga, Mohamad Taufiq Zulfikar Sarson (Author) https://creativecommons.org/licenses/by-sa/4.0
The Urgency of Regulating Digital Inheritance to Protect the Distribution of Successive Rights in Indonesia
The rapid commercialization of digital platforms necessitates recognizing digital assets as inheritable wealth. However, Indonesia currently lacks explicit regulations addressing digital inheritance under both civil and Islamic law, thus creating a profound juridical void. This normative legal research critically evaluates the legal standing of digital assets within national inheritance systems and assesses the urgency of specific protective regulations. Utilizing statutory and conceptual approaches, this study reveals that while digital assets conceptually qualify as intangible inheritable property, practical impediments regarding unauthorized access, complex ownership proof, and restrictive platform policies severely hinder successive rights distribution. Rooted in the responsive law theory, this paper ultimately concludes that enacting comprehensive digital inheritance legislation is critically urgent today. Establishing adaptive legal frameworks will guarantee absolute legal certainty, systematically facilitate secure asset transfers, successfully mitigate international jurisdictional disputes, and comprehensively protect the fundamental economic rights of all modern legitimate heirs across the entire Indonesian national jurisdiction.
Digital Assets; Inheritance Law; Juridical Void; Legal Protection; Successive Rights.
Copyright (c) 2026 Nurjana Nurjana, Dolot Alhasni Bakung, Fitran Amrain (Author) https://creativecommons.org/licenses/by-sa/4.0
Implementation Challenges of the New Criminal Code for Victim Protection: A Restorative Justice Perspective
The implementation of the new Criminal Code (KUHP) in Indonesia presents major challenges in protecting crime victims, especially due to regulatory inconsistencies, disharmony among law enforcement agencies, and limited understanding of Restorative Justice principles. This study analyzes both normative and empirical aspects while offering more humanistic, restorative justice-based solutions. The research method is normative juridical, using statutory and case approaches. Findings indicate that regulatory harmonization, active involvement of victims and the community, strengthening judges’ roles, and improving education and capacity building for relevant institutions are key steps for optimizing victim protection. Additionally, developing technical guidelines for Restorative Justice implementation and increasing synergy law enforcement main recommendations. Empowering victims with information access and psychological support is also essential for optimal recovery. The conclusion emphasizes need for comprehensive, cross-sectoral collaboration and ongoing evaluation to ensure effective, fair, and truly victim-oriented application of Restorative Justice in the era of the new Criminal Code.
Criminal Code; Legal Protection; Restorative Justice; Regulatory Harmonization; Victims of Crime.
Copyright (c) 2026 Raden Azhari Setiadi, David Bani Adam, Nur Baiti Rahman, Muhammad Ruslan Afandi (Author) https://creativecommons.org/licenses/by-sa/4.0
Regulatory Framework of Reusable Packaging Systems for Sustainable Circular Economy in Indonesia
This study examines the effectiveness of Extended Producer Responsibility regulations in Indonesia through an empirical socio-legal analysis of the Alner digital platform. Despite statutory mandates requiring waste reduction, enforcement remains weak due to a structural gap between international standards and domestic legal realities. Utilizing Lawrence Friedman’s legal system theory, this research demonstrates how Alner’s digital tracking technology functions as a shadow legal structure. By transforming environmental investments into authentic legal evidence, Alner bridges the enforcement vacuum, enabling producers to verify statutory compliance under Ministry of Environment and Forestry Regulation P.75/2019. Operational data from 150,000 reuse cycles proves that technology-driven private governance can successfully engineer legal behavior toward a sustainable circular economy. Ultimately, this study recommends that the Indonesian government deeply integrate these digital verification standards into its national oversight systems to better guarantee the constitutional human right to a healthy environment and strongly foster accountable digital environmental governance practices worldwide.
Digital Environmental Governance; Extended Producer Responsibility; Socio-Legal; Circular Economy; Human Rights.
Copyright (c) 2026 Nadila Putri Shenindita, Andi Nostadi (Author) https://creativecommons.org/licenses/by-sa/4.0
Defendant’s Witness-Summoning Cost Budgeting by Public Prosecutors
The Indonesian Criminal Procedural Law 2025 fundamentally alters trial dynamics, notably through Article 210, which imposes a new legal mandate on Public Prosecutors to formally summon the defendant’s witnesses. This normative legal research examines the implications of this obligation against the backdrop of insufficient financial allocations within the prosecution service. Utilizing statute, conceptual, and comparative approaches, this study identifies a critical budgetary vacuum that impedes prosecutorial duties and fundamentally undermines the principle of a fair trial. Findings indicate that while the burden of proof logically necessitates both parties to secure their respective witnesses, the current statutory framework forces prosecutors to bear this administrative responsibility. To resolve this predicament, the Public Prosecutor’s Office must enact specific internal regulations to restructure its financial framework. This restructuring must strictly allocate dedicated funds for summoning defense witnesses, clearly distinguishing between administrative summoning expenditures and actual attendance compensation, thereby ensuring continuous and equitable criminal proceedings.
Copyright (c) 2026 Novritsar Hasintongan Pakpahan, Binsar Pamopo Pakpahan (Author) https://creativecommons.org/licenses/by-sa/4.0
Perselisihan Waris dan Validitas Surat Keterangan Hibah: Kajian Hukum dalam Penyelesaian Sengketa
Inheritance land grant disputes often arise in the Indonesian judiciary, especially regarding the validity of grants that do not use notarial deeds. This study aims to analyze the validity of the grant certificate (SKH) in the transfer of rights to undivided land inheritance and its impacts. The research method used is normative law with a legislation approach and case approach, specifically analyzing Manado High Court Decision Number 32/PDT/2024/PT MND. Results show that land grants not made by notarial deeds violate Article 1682 of the Civil Code, making them legally invalid and unusable as a basis for land registration. Registration of the transfer of rights to undivided inherited land is also not possible because the land remains an inheritance boedel owned collectively by all heirs. Registering the transfer of rights to undivided inherited land requires valid legal documents and must comply with applicable laws to ensure legal certainty for concerned parties.
Notarial Deed; Land Grant; Legal Certainty; Land Registry; Inheritance.
Copyright (c) 2025 Akbar Hidayatullah Daud, Agung Prayuda Yahya, Muhammad Khairun Kurniawan Kadir, Nurul Fazri Elfikri, Ramadhan Usman, Janwar Hippy (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Consequences Of Unilaterally Canceling A Music Concert Ticket Contract
Unilateral cancellations of music concerts by promoters significantly harm consumers, particularly with the rise of digital ticket sales. This article examines the legal implications of such cancellations and the liability of promoters for consumer losses. It utilizes normative legal research methods focusing on legislation and concepts. Findings indicate that unilateral cancellations may constitute a default on ticket sales contracts and could breach consumer protection rules if transparent information and proper compensation are not provided. A promoter’s liability may only be dismissed under force majeure if it can be proportionately proven. Consumers can seek remedies including ticket price refunds and compensation for tangible and intangible losses. The enforcement of consumer rights through non-litigation and litigation avenues is also discussed, alongside a recommendation for stricter consumer protection standards in concert organization to avert future issues.
Copyright (c) 2026 Hussein Alaydrus, Mutia Cherawaty Thalib, Nurul Fazri Elfikri (Author) https://creativecommons.org/licenses/by-sa/4.0
Juridical Analysis Related to Freeze Contract Clause in E-Sport Career Employment Agreement in Indonesia
The e-sports industry in Indonesia is fostering professional relationships between athletes and team management through work agreements. However, the lack of specific legal frameworks has led to concerning contractual clauses, notably the freeze contract clause, which allows team management to indefinitely suspend an athlete's contract while preventing them from pursuing professional opportunities. This study examines the implications of such clauses on athletes' rights and welfare, utilizing normative legal research with legislative and conceptual methodologies. The findings indicate that while the freeze contract is rooted in the freedom of contract principle, it often lacks good faith and balance, resulting in potential bargaining inequalities, loss of wages, and career sustainability issues for athletes. Consequently, there is a pressing need for more precise regulations and contractual guidelines from e-sports institutions to enhance legal protection and equitable welfare for athletes.
Copyright (c) 2026 Harun Setiawan Hatibie, Weny Almoravid Dungga, Nurul Fazri Elfikri (Author) https://creativecommons.org/licenses/by-sa/4.0
The Failure to Execute Inkracht Verdicts: Political Protection, Legal Manipulation, and the Erosion of the Rule of Law
This study critically analyzes the failure to execute a final and binding criminal verdict (inkracht) in Indonesia, focusing on the high-profile case of Silfester Matutina (Supreme Court Decision No. 287 K/Pid/2019). Despite the verdict's finality since 2019, its non-execution until 2025 a six-year delay represents a fatal legal anomaly. Employing Gustav Radbruch’s Trias of Legal Values, the analysis reveals that the core principles of Legal Certainty (Rechtssicherheit) and Justice (Gerechtigkeit) have been subverted by a distorted notion of Expediency (Zweckmäßigkeit) serving political or group interests. The failure by the Prosecutor's Office to immediately execute the condemnatoir judgment, coupled with the erroneous tolerance of a non-suspensory appeal (Peninjauan Kembali), points to institutional collusion and political protection. The appointment of the convicted person as a BUMN Commissioner further exemplifies this 'sharp downwards, blunt upwards' justice. This systemic failure erodes judicial authority, undermines the rule of law, and creates a precedent of impunity, necessitating urgent institutional reform and strict accountability for state law enforcement.
Inkracht Verdict; Political Protection; Legal Manipulation; Rule of Law; Judicial Authority.
Copyright (c) 2025 Fahriza Hafiz (Author) https://creativecommons.org/licenses/by-sa/4.0
Civil Society As Constitutional Guardians: Comparative Analysis And Indonesian Prospects
This study examines civil society organizations (CSOs) as constitutional guardians in Indonesia through comparative constitutional analysis. Although prior scholarship has documented procedural aspects of constitutional complaints, the participatory dynamics through which CSOs strengthen constitutional accountability remain underexplored. Employing normative legal-juridical methodology and comparative law analysis, this research examines CSO engagement models in South Korea, South Africa, and Germany to derive lessons for Indonesia's constitutional system. The study identifies institutional and procedural barriers impeding optimal CSO participation, including limited legal standing and high access costs. Empirical findings demonstrate that CSOs significantly influence constitutional courts by expanding access to justice, contributing expertise, and catalyzing jurisprudential innovation. In Indonesia, the emerging amicus curiae practice signals potential for deeper CSO involvement; however, structural constraints remain. This study concludes that comprehensive institutional reform is imperative. Key recommendations include formalizing CSO standing through Constitutional Court Law amendments and lowering access barriers to strengthen participatory democracy and safeguard citizens' constitutional rights.
Amicus Curiae; Civil Society; Constitutional Complaint; Constitutional Guardian; Participatory Democracy.
Copyright (c) 2025 M. Reza Saputra (Author) https://creativecommons.org/licenses/by-sa/4.0
Analysis of Physical Violence Practices as a Violation of the Right to Security in Legal and Human Rights Perspectives
This research examines assault and violations of the right to personal security from the perspective of national law and human rights principles, focusing on practices of physical violence. The violation of the right to personal security represents a concrete manifestation of assault that not only causes physical harm to victims but also entails psychological and social consequences. Employing a normative-juridical approach with legal document analysis methodology including statutes, court decisions, and international human rights instruments this study demonstrates that physical violence often occurs due to weak law enforcement, inadequate victim protection, and insufficient understanding of human rights principles by law enforcement authorities. The research emphasizes the critical importance of harmonizing national criminal law with international human rights standards to ensure effective protection of individuals from assault and violence. This comprehensive protection framework must integrate criminal law, human rights law, social protection, public education, and technological mechanisms to secure the fundamental right to personal security guaranteed by both the Constitution and international law.
Assault; Right to Personal Security; Physical Violence; Criminal Law; Human Rights.
Copyright (c) 2025 Risman Setiawan, Hardianto (Author) https://creativecommons.org/licenses/by-sa/4.0
Evaluation of the Implementation of Law No. 17 of 2008 Concerning Shipping in Relation to National Maritime Security
Evaluation of the implementation of Law No. 17 of 2008 on shipping shows the importance of the role of shipping law in maintaining national maritime security and sovereignty. As a strategic archipelagic country, Indonesia needs a shipping system that is safe, efficient, and in line with international law such as SOLAS 1974, UNCLOS 1982, and SUA Convention 1988. Normatively, this law has provided a strong legal basis for ship safety, water surveillance, and maritime law enforcement. However, its implementation is still constrained by coordination between institutions, limited resources, and weak supervision. The nine-dash line case in the North Natuna Sea shows the urgency of consistently applying shipping laws to protect national sovereignty. Institutional strengthening and inter-agency synergies are needed to improve the effectiveness of the implementation of shipping law and build a resilient and competitive maritime system.
Copyright (c) 2025 Nurhalisa Kasim, Moh. Bayu Saputra, Melki Kadullah, Vira Auliya Juliharto, Nurjannah D. Buhungo (Author) https://creativecommons.org/licenses/by-sa/4.0
Motivation and Impact of Unregistered Marriage among the Community of Sukaramah Village, Panyipatan District, Tanah Laut Regency
This study examines the motivations and social impacts of unregistered marriage (nikah sirri) among the community of Sukaramah Village, Panyipatan District, Tanah Laut Regency. Nikah sirri is a marriage conducted according to Islamic law but not officially registered with the state, resulting in no legal recognition under national marriage laws. Using a qualitative descriptive approach, data were collected through interviews, observation, and documentation involving community members, religious leaders, and local officials. The findings highlight key motivations including financial constraints, avoidance of bureaucratic procedures, parental disapproval, polygamous intentions, and lack of legal awareness. Despite its religious validity, nikah sirri exposes participants especially women and children to legal vulnerabilities, inheritance disputes, and limited access to public services. The study concludes nikah sirri is shaped by a complex interaction of religious beliefs, social norms, and legal understanding. It recommends enhanced community education, facilitated access to marriage registration, and stronger cooperation between religious and government institutions to reduce unregistered marriages.
Unregistered Marriage; Nikah Sirri; Social Impact; Marriage Registration; Legal Awareness.
Copyright (c) 2025 Ma’ruf Zaki Murtadho (Author) https://creativecommons.org/licenses/by-sa/4.0