SIGn Jurnal Hukum

Juridical Review of the Transformation of the Pledge Concept into a Bullion Bank by PT Pegadaian Indonesia Based on FSA Regulation Number 17 of 2024

2026-04-06T14:15:46+00:00

Macroeconomic dynamics drive the ontological transformation of gold from a mere static physical security to a digital-scale active financial instrument. This shift is legitimized by Law Number 4 of 2023 and FSA Regulation Number 17 of 2024, which grant PT Pegadaian authority to operate as a Bullion Bank. This research aims to analyze the juridical transformation of the pledge concept into Bullion Bank services and to evaluate the legal implications and customer protection vulnerabilities. This normative legal research utilizes the statute and conceptual approaches, which are analyzed prescriptively through grammatical and systematic interpretations of this legal relationship shift. The research results confirm that PT Pegadaian has essentially executed an intermediation function identical to banking through the unallocated account scheme. However, this authority expansion triggers legal implications, including potential disharmony with sectoral commodity trade regulations, threats of intellectual property disputes over the database system, and unpreparedness of the global standard-compliance infrastructure. The most crucial finding is the existence of a legal vacuum due to the absence of a specific deposit guarantee mechanism for precious metal commodities, leaving customers at the highest level of vulnerability in the event of operational failure. Therefore, this research concludes that the government should immediately formulate a regulation guaranteeing gold commodity deposits. Furthermore, the corporate entity is obligated to implement the transparency obligation of periodic gold reserve audits, which must be accompanied by enhanced public financial literacy to ensure the sustainability of an equitable investment ecosystem.

Human Rights Protection in the Digital Sphere: The Problematics of Legal Certainty and Its Relevance to the SDGs

2026-04-10T05:55:49+00:00

The transformation of digital technology creates a conflict between the guarantee of freedom of expression and the protection of the right to privacy within the national legal system. The reform of electronic regulations has been shown to leave grammatical weaknesses, such as multi-interpretable provisions, ambiguity in protection instruments for human rights defenders, and a vacuum of norms for responding to artificial intelligence innovations. This research aims to evaluate the challenges of legal certainty in the governance of the digital sphere in Indonesia and to develop a harmonization framework for national legal instruments to align with the SDG targets. This research is a normative legal study applying the statute and conceptual approaches to qualitatively analyze legal materials through grammatical and systematic interpretation. The research results show that existing regulations fail to provide legal certainty because there is no absolutely independent supervisory authority. The subordination of the data protection supervisory institution to executive power undermines the objectivity of sanction enforcement and reveals structural flaws that contradict the principle of global institutional justice. Therefore, lawmakers are recommended to immediately overhaul the supervisory authority’s design to make it independent and mandate the implementation of human rights impact assessments for all electronic system operators to realize an equitable digital ecosystem.

Legal Analysis of Criminal Liability for Theft of State-Owned Enterprise Assets: A Study of Pekanbaru District Court Decision Number 1008/Pid.B/2025/PN Pbr

2026-04-06T14:15:46+00:00

This research is motivated by the phenomenon of crimes against state vital infrastructure components, which are frequently subjected to minimalist sentencing decisions by judicial institutions, thereby undermining the protection of public strategic assets. The primary problem in this study centers on the anomaly of sentencing disparity in Decision Number 1008/Pid.B/2025/PN Pbr. In this case, the criminal act of dismantling the bolts of a transmission tower owned by PT PLN was only punished with a criminal sanction of one year and ten months of imprisonment. The objective of this research is to dogmatically analyze the offender’s criminal liability based on Article 363 section (1) point 5 juncto Article 64 section (1) of the Penal Code, and to criticize the rationality of the judge’s reasoning applying the rehabilitative theory (verbeteringstheorie) to an adult offender. Utilizing the normative juridical research method with a case and statute approach, legal materials were analyzed qualitatively and normatively through deductive syllogistic reasoning. The research results indicate that the public prosecutor successfully proved all elements of aggravated theft and of a continuous act. However, a systemic failure was discovered, originating in the public prosecutor’s low criminal demand, which was subsequently exacerbated by the judge’s logical-reasoning fallacy in manipulating the profile of the 37-year-old defendant as a young individual to justify leniency. The research conclusion affirms that the application of the rehabilitative theory to a mature adult executing a premeditated crime repetitively injures public justice and undermines the deterrent function of criminal law. The implications of this research demand a paradigm shift for law enforcement officers and the issuance of specific prosecution guidelines to ensure maximum protection of national vital objects.

Legal Analysis of Child Sexual Abuse through Grooming: A Study of Rokan Hilir District Court Decision Number 410/Pid.Sus/2025/PN Rhl

2026-04-06T14:15:46+00:00

The phenomenon of child sexual offenses disguised behind a romantic narrative or dating constitutes a serious challenge for law enforcement in Indonesia. The child’s consent is frequently misinterpreted as grounds for abolishing the penalty in such cases. This research aims to analyze the legal construction in Decision Number 410/Pid.Sus/2025/PN Rhl. The decision penalizes the perpetrator of child sexual intercourse although the Child Victim actively lied to their parents in order to meet the perpetrator. This research employs a normative legal research method through the statute and case approaches. This research examines the judicial interpretation regarding the grooming element and the application of the voortgezette handeling doctrine in sentencing. The analysis results indicate that the judge progressively constructed the promise of marriage as a form of deceit that paralyzes the child’s critical reasoning. Therefore, the given consent is deemed vitiated. However, this research also found a gap in substantive justice due to the absence of restitution imposed on the Defendant. This reflects the persisting strength of the retributive paradigm compared to the restorative paradigm within the juvenile criminal justice system. It is concluded that although a custodial sentence was imposed, the state failed to execute its constitutional obligation to comprehensively restore the rights of the victim. This research recommends a reform of the prosecution paradigm in which the Prosecutor and the Judge actively demand and adjudicate restitution ex officio. Furthermore, integrating a victim impact statement is essential to accurately assess the victim’s actual damages and achieve comprehensive justice.

The Paradox of Decentralization in Local Innovation Governance: An Analysis of Vertical Regulatory Synchronization in Serdang Bedagai Regency

2026-04-10T19:53:08+00:00

Legal certainty is a fundamental prerequisite for implementing decentralized governance, particularly to ensure protection for the apparatus in developing public service innovations. However, regulatory fragmentation often leads to overlapping authority and administrative uncertainty at the local level. This research aims to examine the legal certainty construction of innovation through a vertical synchronization test of Regulation Number 20 of 2021, and to evaluate its sociological implications on the fluctuation of regional innovation performance. This research employs a normative legal method calibrated with policy evaluation through statutory and conceptual approaches, and analyzes Regional Innovation Index data for the 2020 to 2025 period. The analysis results indicate that the Regent Regulation suffered multilayered substantive defects over time. In the initial formulation phase, the budget deprivation threat sanction for innovations deemed unsuccessful contradicted the apparatus protection principle under Law Number 23 of 2014. Furthermore, the local government has been found to have committed legislative omission by failing to amend the Regent Regulation to accommodate the updates to the institutionalization obligation and affirmative financing guarantees mandated following the promulgation of Ministerial Regulation Number 91 of 2021 and Governor Regulation Number 3 of 2022. Factual evidence confirms that this static and defective legal formulation triggered a climate of bureaucratic fear, resulting in a drastic decline in the regional innovation score in the first year of the regulation’s implementation and subsequent stagnation. In conclusion, punitive innovation regulations that are unresponsive to hierarchical updates have degraded the essence of regional autonomy and created a governance paradox. Therefore, the revocation of the administrative sanction clause and the execution of the institutionalization amendment must be executed to restore a safe authorizing environment for experimental legislation.

Restriction of Civil Liability for Beneficial Owners in Bankruptcy Disputes Arising from Homologation Default: An Analysis of the Separate Corporate Veil Doctrine

2026-04-10T19:53:07+00:00

The bankruptcy of PT Sritex, resulting from a homologation default, has sparked a debate over creditors’ efforts to demand liability beyond the protective boundaries of the corporate entity. This research aims to critically examine the limitations of separate corporate veil protection and analyze the position of beneficial owners in bankruptcy disputes arising from debt restructuring failure. Through normative legal research employing statutory, conceptual, and case approaches, the analysis is conducted deductively using the legal hermeneutics method to examine civil regulatory instruments. The research findings show that the annulment of homologation constitutes a mere civil default that does not immediately deprive the legal entity of its independence. Contract creditors are hindered by an absolute burden of proof, under which the piercing of the corporate veil doctrine is rejected without material evidence of unlawful acts or the misuse of the corporate entity. Furthermore, the beneficial owner status is dogmatically identified exclusively as an administrative compliance instrument within the public law domain. This administrative determination lacks the juridical force to annul the limited liability principle in civil bankruptcy without the proof of actual loss causality. In conclusion, the debt liability of a bankrupt company cannot be automatically imposed on the personal wealth of shareholders or beneficial owners. This legal certainty demands that the judiciary tighten evidentiary standards to protect the limited-risk investment climate in Indonesia.

Legal Consequences of a Morally Defective (Fasiq) Instrumental Witness on the Execution of Sharia Financing Collateral: A Comparative Approach

2026-04-10T19:53:07+00:00

The disparity in the position of the instrumental witness in the creation of Sharia financing deeds originates from the collision between the formal rationality of positive law and the ontological values of Islamic law. Notarial practice tends to be oriented towards fulfilling administrative requirements without burdening the witness with material liability, whereas Islamic law absolutely demands the ‘adalah (highest moral integrity) qualification. This research aims to examine the dogmatic comparison of the instrumental witness position in both legal regimes and analyze its implications on the validity of the contract and the executory force of the Mortgage Right collateral. This research is a normative juridical study that utilizes the statutory, conceptual, and comparative approaches. The research results indicate that the use of a witness with defective moral integrity (fasiq) degrades the evidentiary power of the deed into a private deed under positive law and renders the contract status fasid (attributively defective making it voidable) under Islamic law. The dogmatic consequences of this double defect in the principal agreement are fatal for the accessory instrument. The Mortgage Right guarantee certificate automatically loses its theological legitimacy foundation, thus becoming paralyzed in executing parate executie (direct execution clause) at the Religious Court. In conclusion, disregard for witness integrity undermines the entire legal protection framework for the creditor. Therefore, integrating the fiqh muamalah (Islamic commercial jurisprudence) into notarial technical guidelines is necessary to prevent administrative malpractice and safeguard the validity of Sharia economic transactions.

Demarcation of Criminal Liability of Notary Publics in the Falsification of Authentic Deeds: Examination of Supreme Court Decision Number 933 K/Pid/2023

2026-05-06T01:19:52+00:00

Notaries public as public officials hold the attributive authority to issue authentic deeds, but this instrument is vulnerable to manipulation due to the disregard of the principle of prudence. A crucial problem arises due to the absence of uniform dogmatic parameters in distinguishing professional administrative negligence from the criminal intent of notaries public in the criminal act of falsification. This has implications for massive civil losses for third parties and triggers a disparity in judicial decisions. This research aims to evaluate the distinction between administrative negligence and conditional intent and to reconstruct the application of the doctrine of participation to public officials by examining the legal considerations in Supreme Court Decision Number 933 K/Pid/2023. Utilizing a normative legal research method through the statute, case, and conceptual approaches, legal materials are analyzed using a juridical qualitative method with deductive syllogism reasoning. The examination results prove that the active action of a notary public ignoring a clear written warning regarding defective documents and inserting them into the minutiae of the deed converts negligence into conditional intent that legally fulfills the elements of Article 264 section (1) of the Penal Code. This action fulfills the requirement of joint physical implementation in the crime of falsifying an authentic letter. Such action degrades the perfect evidentiary value of the deed into an underhanded act, resulting in civil losses amounting to billions of rupiahs. The cassation decision absolutely establishes the Defendant’s criminal liability, simultaneously voiding the legal protection right of the Notary Honorary Council. This research concludes that the notarial mandate does not provide immunity against structural crimes. Therefore, it is recommended that the Ministry of Law of the Republic of Indonesia reform the supervision regulation to revoke professional protection at the initial investigation stage if an active action is proven, and to establish this decision as established jurisprudence to restore the legal certainty of evidentiary instruments in Indonesia.

Professional Liability of Land Deed Officials and the Evidentiary Degradation of Materially Defective Grant Deeds: An Examination of Religious Court Decisions

2026-05-06T01:19:52+00:00

The transfer of land rights through a grant instrument is absolutely limited to a maximum of one-third of the estate to protect the heirs’ legitime (legitieme portie). The violation of this material limitation strongly correlates with the negligence of Land Deed Officials and culminates in judicial disputes, as reflected in the jurisdictional anomaly between the Lumajang Religious Court Decision and the Surabaya High Religious Court Decision. This research aims to analyze the construction of the public official’s juridical liability and examine the degradation of the deed’s evidentiary value due to material defects. Through normative legal research employing case, statute, conceptual, and philosophical approaches, this study finds that the Land Deed Official’s failure to apply the prudential principle is qualified as negligence, implicating the emergence of administrative, civil, and ethical liability. Furthermore, exceeding the grant limit renders the legal act null and void, thereby degrading the deed’s evidentiary value to a private deed and nullifying its validity in state administrative affairs. However, the appellate court decision was rigidly bound by procedural formalism, refusing to adjudicate the case (déni de justice) on grounds of administrative jurisdiction. As a legal prescription, the religious court should annul the material act of the grant to revert the object into the undivided whole estate (boedel waris). This object’s status serves as a basis for requesting restoration to the original state (restitutio in integrum) at the Land Office. Supreme Court intervention through jurisprudence is required to align administrative certainty with the value of justice in wealth preservation (hifz al-mal).

Legal Certainty of the Electronically Integrated Business Licensing System: A Comparative Regulatory Analysis between Indonesia and Malaysia

2026-05-13T16:13:16+00:00

The electronic licensing transformation through the OSS system in Indonesia faces administrative dysfunction caused by the collision of institutional sectoralism and regional autonomy. This contradicts the governance efficiency of the MalaysiaBiz ecosystem in Malaysia, which operates more adaptively. This research aims to compare the electronic licensing regulatory framework in both countries and formulate a digital administrative governance reconstruction strategy in Indonesia. Employing a normative legal method with statute, comparative, historical, and conceptual approaches, this study examines primary legal materials comprising Law Number 6 of 2023 and the Companies Commission of Malaysia Act 2001. The research results indicate that Indonesia’s licensing architecture rests upon a rigid rule-based approach with ex-ante supervision. Conversely, Malaysia’s efficiency is based on a precise separation between centralized entity registration and local licensing authorities, supported by a strict ex-post compliance audit system. Addressing this gap, this research recommends the implementation of a hybrid regulatory approach for Indonesia’s licensing governance. In the upstream phase, reduce authority fragmentation and regional autonomy impediments by applying the deemed approval instrument. In the downstream phase, this policy must be counterbalanced by the establishment of a cross-authority sanction ecosystem between the OSS management and the Ministry of Law to execute the striking off the register sanction for spatial planning violating corporations. This hybrid approach, contingent on equalizing digital infrastructure, is expected to uphold the supremacy of the legal certainty principle while enhancing Indonesia’s investment competitiveness in the ASEAN economic integration era.

A Criminological Review of Futures Investment Fraud: Digital Platform Exploitation and Social Engineering

2026-05-20T19:10:45+00:00

Futures investment fraud has evolved from a conventional economic offense into a systemic financial crisis exploiting the public’s psychological vulnerabilities and absence of digital literacy. This research aims to synthesize the criminological anatomy of these crimes, unveil social engineering tactics within cyber ecosystems, and formulate adaptive legal policy prescriptions to restore victims’ rights. Utilizing a socio-legal research design based on a literature review, the secondary data corpus is analyzed qualitatively by integrating a statute approach and a conceptual approach toward positive law instruments and reputable international journal literature. The research results prove that crime syndicates exploit white-collar anomic pressure through the creation of multi-level recruitment structures, which are subsequently amplified via cultural pseudo-legitimacy and algorithmic manipulation. These exploitation tactics are sustained by information asymmetry and jurisdictional uncertainty within financial supervisory institutions, which subsequently generates a silence cycle among victims due to the impediment of transnational law enforcement by law enforcement agencies. Halting the continuous cycle of these fictitious investment crimes necessitates a sentencing paradigm shift toward the optimization of asset recovery instruments through the application of money laundering criminal offense regulations. These repressive efforts must be synergistically integrated with mutual legal assistance instruments and the enforcement of anti-fraud firewalls at the financial service sector corporate level.

The Paradox of Realizing the Right to Education for Adjudicated Juveniles: Administrative Conflicts and the Efficacy of Inter-Institutional Agreements

2026-05-30T17:24:08+00:00

The fulfillment of the right to education for adjudicated juveniles constitutes an absolute mandate of restorative sentencing; however, its implementation experiences stagnation due to the conflict between the criminal law regime and the rigidity of the civil registration administrative system. This study aims to critique the conflict between administrative norms, evaluate the juridical efficacy of cooperative agreement documents, and analyze the legal implications arising from passive maladministration by partner institutions. This empirical legal research employs a qualitative, critical-analytical approach at the Ambon Class II JCF, involving five key informants selected via purposive sampling, and is supported by an analysis of eight institutional partnership instruments. The research findings demonstrate that the absence of National Identification Numbers, resulting from families’ sociological vulnerability, deprives adjudicated juveniles of their civil rights to obtain national diploma legality. This failure of legal protection is exacerbated by the cooperative documents’ weak binding capacity, which lacks public service sanction clauses. The structural weakness of these contractual instruments generates a sphere of impunity that facilitates passive maladministration manifesting as an omission by regional educational institutions. The relevant institution has been proven to have deferred the administration of equivalency examinations for three consecutive academic years without engaging hierarchical coordination to escalate the issue to the central ministry. Sociologically, the absence of graduation legality threatens the future of adjudicated juveniles within the formal labor market and potentially triggers recidivism. This study recommends affirmative interventions through cross-sectoral identity-recording services with population registration agencies, a complete overhaul of the construction of cooperative agreement clauses to establish enforceable public law instruments, and resolving government bureaucratic stagnation through the functions of Supervisory and Observational Judges.

Criminal Liability of a Notary as a Co-Perpetrator in Embezzlement of Entrusted Funds in Land Transactions

2026-05-30T17:24:08+00:00

This study examines the outer limits of the shift in a Notary’s official responsibility from the administrative sphere to criminal liability for an act beyond authority (ultra vires), namely holding land transaction funds in a personal account through an unauthorized escrow arrangement. This study aims to dogmatically analyze the transformation of procedural malpractice into co-perpetration in embezzlement, examine the proof of trial facts at first instance, and critically evaluate the correction of enforceable custodial sanctions by the High Court and the Supreme Court. This study employs doctrinal legal research using the statute approach, the conceptual approach, and complete legal chain analysis across three judicial levels. The results show that the Defendant’s failure to comply with the protocol requiring the physical presence of appearers in drawing up a power of attorney to sell constituted an act of commission that served as an enabling factor for the commission of the substantive offence. The Defendant’s unilateral control over the settlement funds and fabrication of backdated receipts were qualified as active acts satisfying all elements of embezzlement in the form of co-perpetration (medeplegen). This study concludes that the conditional sentence imposed by the Jombang District Court exceeded the proper limits of judicial discretion. This error was properly corrected by the Surabaya High Court and affirmed by the Supreme Court, which imposed a seven-month enforceable custodial sentence to uphold general deterrence and restore public trust. The policy implication of this study confirms that the Defendant’s dishonourable dismissal from the office of Notary must be pursued through the operation of Article 12 letter c of Law Number 30 of 2004 upon the proposal of the Central Supervisory Council, because the Defendant’s conduct was proven to degrade the dignity of the office.

A Dual-Track Asset Recovery Model: Optimizing the Posthumous Forfeiture of Corruption Proceeds

2026-06-17T03:58:34+00:00

The transition of national positive law following the enactment of Law Number 1 of 2023 and Law Number 20 of 2025 creates a doctrinal inconsistency arising from a legislative omission in determining the legal status of evidence when personal criminal prosecution (in personam) is extinguished by operation of law upon the death of a corruption suspect. This normative weakness is reinforced by the inherent limitation of the sequential system under Law Number 31 of 1999. Under this system, civil claims by the State Attorney may be initiated only after the criminal process has been terminated or can no longer proceed, thereby causing asset depreciation and creating a time interval that enables the dissipation of corruption proceeds. This study employs normative legal research with a conceptual approach as the primary approach and a statute approach as the supporting approach through prescriptive qualitative analysis. The findings propose a paradigmatic reconstruction toward a parallel-simultaneous system through a dual-track asset recovery model. Under this model, the proprietary status examination (in rem) may proceed independently without depending on the legal status of the person subject to criminal prosecution. This model strengthens balanced legal protection and due process of law by applying the evidentiary standard of a balance of probabilities. This study recommends accelerating the enactment of the Bill on Asset Forfeiture, adopting limited amendments to Law Number 31 of 1999 and Law Number 20 of 2025, and establishing an integrated asset recovery center to optimize the posthumous forfeiture of corruption proceeds and restore public trust in law enforcement.

Recalibration of Authority in Handling Corruption Crimes after Law Number 20 of 2025: A KPK-Centered Investigation and Prosecution Model

2026-06-17T03:58:34+00:00

The handling of corruption crimes following Law Number 20 of 2025 presents a problem of authority configuration because the Police, the Public Prosecution Service, and the KPK each retain legal bases of authority under positive law. This institutional plurality supports corruption eradication, but it may also create overlapping jurisdictions, uneven coordination, and risks of institutional conflicts of interest. This study aims to analyse the configuration of authority in the handling of corruption crimes under Law Number 20 of 2025, examine the risks of institutional conflicts of interest, and formulate a normative legal protection model based on recalibrating authority. This study applies normative-doctrinal legal research using statute, conceptual, and analytical-prescriptive approaches through the examination of primary and secondary legal materials. The findings show that, de lege lata, corruption crimes are still handled by a plurality of authorities, including the Police, the Public Prosecution Service, and the KPK. However, this plurality has not yet been supported by an operational design capable of determining the functional controller in a clear, objective, and accountable manner. This study formulates a de lege ferenda model of functional centralisation of the investigation and prosecution of corruption crimes within the KPK, while still allowing the involvement of Police personnel and Attorneys through an assignment mechanism within the Commission’s structure. This model requires amendments to sectoral Laws, strengthening of the KPK’s institutional capacity, coordination standards, ethical oversight, and institutional evaluation to reinforce legal certainty, independence, accountability, and the effectiveness of corruption eradication.

Policy Reconstruction in Combating Petty Corruption: Towards Progressive, Economic, and Utilitarian Justice

2026-06-17T03:58:34+00:00

Combating petty corruption in Indonesia raises normative and budgetary concerns when case-handling costs exceed the losses to state finances or the national economy that can be recovered. This issue must not be understood as a defence of corruption offenders, as corruption remains an extraordinary crime that harms state finances and the social and economic rights of society. The main problem lies in the absence of categorisation of losses to state finances or the national economy under positive law, which results in low-value corruption cases being processed through the formal criminal justice mechanism. This condition is related to Article 4 of Law Number 31 of 1999, which provides that restitution of state financial losses does not extinguish the offender’s criminal punishment. Law Number 1 of 2023 has regulated categories of criminal fines, but it has not established a nominal classification of state losses. This constraint is further reinforced by Article 82 letter c of Law Number 20 of 2025, which excludes corruption crimes from the Restorative Justice mechanism. This study aims to evaluate the urgency of legal reform and construct the Progressive-Economic-Utilitarian Justice Model as a prescriptive recommendation for the legislature. This study employs normative legal research, drawing on conceptual, philosophical, and comparative jurisdictional approaches. The findings show that processing micro-value corruption cases through the formal criminal justice mechanism may result in cumulative losses for the state, namely losses from the criminal offence and additional costs arising from disproportionate law enforcement. As a prescriptive solution, the Progressive-Economic-Utilitarian Justice Model requires limited reform of sentencing norms, a legal basis for the limited application of Restorative Justice, and the legalisation of a maximum state-loss threshold of IDR 50 million as the law as it ought to be (ius constituendum). This mechanism must be subject to restitution of at least 200% of the losses to state finances or the national economy caused by the offence to prevent impunity. Accordingly, the Progressive-Economic-Utilitarian Justice Model is directed as a strict loss-recovery mechanism to protect state finances and the social and economic rights of society.

Deconstruction of Hierarchical Liability and Harmonization of Sanctions in Consumer Protection against Expired Food Products

2026-06-17T03:58:34+00:00

The circulation of expired food products poses risks to public health because legal subjects are not clearly defined, supervision remains fragmented, and food safety violations are often confined to civil dispute resolution. This study analyzes the hierarchical legal liability of business actors within the food supply chain and formulates a sanctions harmonization model to strengthen consumer protection. It uses normative juridical research with statutory, conceptual, and analytical approaches. The findings show that liability must be allocated according to each actor’s function in the supply chain. Producers are responsible for quality, labeling, and expiry dates from the production stage onward. Distributors are required to exercise due diligence in storage and circulation. Retailers and actors engaged in trading through electronic systems must ensure that products offered to consumers have not expired. In the recovery context, consumer compensation should not be limited to the administrative authority of the Consumer Dispute Settlement Agency but should also be linked to sectoral food law instruments that do not expressly provide a maximum nominal limit. In the criminal law context, Law Number 18 of 2012 remains the principal sectoral basis for the manipulation of expiry dates. However, its limited sanctions require harmonization with the regime under Law Number 8 of 1999 when the elements of the offense are independently proven. This study concludes that consumer protection against expired food products requires layered, proportionate, and integrated sanctions.

The Qualified Mens Rea Model: Layered Culpability in General Commodity Smuggling Offenses Implicating Corruption

2026-06-17T03:58:34+00:00

The national criminal justice system continues to face difficulties in proving criminal intent (mens rea) in general commodity smuggling offenses that are normatively connected to corruption offenses. These difficulties arise when the proof of culpability is directed solely at the individual mental state. In contrast, modern economic offenses are often committed through corporations, sequences of goods transportation activities, customs documentation management, and the exercise of official authority. This study aims to develop an instrument to evaluate the culpability of state apparatuses and corporate entities proportionately, without exceeding the principle of legality. This study employs normative legal research using a statute approach, a conceptual approach, and a limited comparative approach. Comparative legal doctrines, such as corporate recklessness, the responsible corporate officer doctrine, conscious disregard of substantial risk, and willful blindness, are used as conceptual instruments rather than as direct bases for criminal punishment. The findings show that the Qualified Mens Rea Model can be constructed as a layered evaluative framework comprising subjective, normative, corporate-functional, and corruption-functional dimensions. The model is then operationalized as a Layered Evidentiary Mechanism Matrix that situates Law Number 17 of 2006, Law Number 20 of 2001, and Law Number 1 of 2023 within an interrelated normative framework. This study concludes that the model can assist judges in more accurately distinguishing general commodity smuggling offenses, abuse of authority, office-related bribery, and lawful policy discretion.

The Effectiveness of Polling Station Supervisor Recruitment Based on Digital Literacy Competence for the SIWASLIH Application in Batam City

2026-06-17T03:58:34+00:00

The implementation of Regional Election oversight through the SIWASLIH application in Batam City continues to face operational constraints, barriers to digital adaptation, and limited supporting facilities for Polling Station Supervisors. This empirical legal research aims to evaluate the effectiveness of Polling Station Supervisor recruitment, analyze the determinants of recruitment dysfunction, and formulate optimization strategies based on digital literacy competence. Using a socio-legal approach, data were collected through in-depth interviews with seven informants and analyzed through a synthesis of legal system theory and legal effectiveness theory. The findings show that the ineffective use of SIWASLIH is caused by the absence of technical recruitment norms that explicitly assess the digital literacy competence of Polling Station Supervisors. Article 27 of Law Number 8 of 2015 provides the normative basis for the duties, authorities, and reporting obligations of Polling Station Supervisors. However, the implementation of these obligations through SIWASLIH has not been supported by adequate digital selection instruments under Bawaslu Regulation Number 19 of 2017 or Decree of the Chairperson of Bawaslu Number 301/HK.01.01/K1/09/2024. The absence of these technical indicators causes recruitment to rely on administrative assessment and general interviews. This study recommends revising technical recruitment instruments, affirming digital literacy indicators in Bawaslu regulations, developing SIWASLIH with offline functionality, providing practice-based technical training, and establishing a task force for technological assistance.

Examination of the Sentencing Framework and the Application of Concurrent Offences to Fuel Oil Counterfeiting in Downstream Business Activities

2026-06-30T10:17:56+00:00

Fuel oil counterfeiting in downstream petroleum and natural gas business activities constitutes an economic criminal offense involving several criminal acts. Such conduct disrupts the order of fuel oil trade, harms consumers, and reduces the effectiveness of state supervision over energy distribution. This study examines the sentencing framework for fuel oil counterfeiting and assesses the implications of criminal penalty adjustment policy for the effectiveness of sentencing within the national petroleum and natural gas legal regime. This study is normative juridical research employing a statutory and conceptual approach, with qualitative and prescriptive analyses. The findings show that Article 54 of Law Number 22 of 2001, whose criminal provision has been amended by Law Number 1 of 2026, remains the principal basis for sentencing in cases of fuel oil counterfeiting. The application of concurrent offenses must be constructed based on the conformity of criminal elements, legal subjects, and the facts of the case. The penalty adjustment creates a juridical problem because it changes the nature of the sanction from cumulative to alternative-cumulative and reduces the criminal fine to category V. This change may reduce the effectiveness of criminal fines, particularly against Business Entities or Permanent Establishments. This study recommends optimizing prosecutorial demands within the construction of concurrent offenses and enacting explicit sector-specific criminal provisions so that the maximum criminal fine remains proportionate to culpability, consequences, and the benefit obtained from the criminal offense.

Law Enforcement against Sexual Violence Crimes at the Pangkalpinang Police Resort in 2024

2026-06-30T10:17:56+00:00

Sexual violence constitutes a violation of human rights that requires the implementation of legal instruments to ensure victim protection and recovery. This study aims to examine and analyze victim protection-based law enforcement against sexual violence crimes under Law Number 12 of 2022 at Pangkalpinang Police Resort in 2024, and to identify empirical factors that hinder the effectiveness of investigations. This normative-empirical legal research uses a statutory approach with qualitative analysis. Primary data were obtained through in-depth interviews and limited field observations and analyzed using descriptive qualitative analysis. The findings show that the police have implemented victim protection mechanisms through victim-centered examination, separation of the examination room, psychological assistance, and an understanding of the expanded scope of evidence. However, the effectiveness of investigation remains limited by the insufficient number of trained investigators, the unmet adequacy standards of the special service room for victims, and barriers to interagency coordination. Externally, social stigma, pressure arising from power relations, and victims’ reluctance to report demonstrate obstacles at the pre-reporting stage and affect initial medical and forensic examinations. This study recommends strengthening investigator capacity, improving the standards of special service rooms for victims, establishing integrated operating procedures with health institutions and victim support providers, and developing human rights-based legal literacy in the community.

Distortion of the Supervisory Function of the Village Consultative Body over Village Fund Management in Radda Village

2026-06-30T10:17:56+00:00

The mainstreaming of regional autonomy positions the BPD as an important institution for maintaining institutional checks and balances in village financial governance. In practice, this normative authority is connected to the sociological reality of the post-disaster area of Radda Village, which shows a weakening of the participatory supervisory function. This study aims to identify and analyze the implementation of the supervisory function of the BPD in budget management and to evaluate the institutional constraints that affect the effectiveness of that supervision. This study uses normative-empirical legal research to examine the gap between regulatory instruments and their implementation in the field. The findings show that the digitalization of financial recording through an administrative system is not sufficient to ensure substantive compliance in the implementation of physical development programs. The internal supervision of the BPD remains weakened by low administrative legal literacy and limited technical understanding among its members. This condition allows unilateral action by the Village Head in modifying programs without formal deliberation, so that the supervisory function of the BPD tends to be limited to retrospective supervision. This study recommends strengthening the regulatory capacity of the BPD through administrative law education, technical budget verification training, and regional policy support to restore the internal supervisory function in accountable village governance.

Reconstructing the Admissibility Standard for Neuroscientific Evidence Concerning Defendants in Indonesian Criminal Proceedings: A Functional Comparison with United States Federal Law

2026-08-01T14:39:15+00:00

Neuroscientific evidence concerning a defendant may assist in explaining neurological conditions, cognitive functions, and capacities relevant to criminal responsibility. Its use, however, raises issues concerning data sufficiency, methodological reliability, reliability of application to an individual, inferential limitations, mental privacy, and conformity with applicable legal categories. This study examines the adequacy of Indonesian law and reconstructs an admissibility standard for neuroscientific evidence concerning defendants in court proceedings through a functional comparison with United States federal law. This normative legal research is prescriptive in nature and employs statutory, conceptual, case, and comparative approaches. The findings demonstrate that Indonesian law regulates statutory means of evidence, expert testimony, authentication, the lawful acquisition of evidence, health information, personal data protection, examination by the parties, and the obligation to provide reasons in judgments. The existing provisions, however, do not integrate data sufficiency, methodological reliability, reliability of application, and inferential relationships as specific admissibility requirements. The reconstruction produces eleven elements of examination and eight procedural stages. A deficiency in a foundational requirement produces legal consequences when the law in force has expressly prescribed them. Exclusion based on scientific unreliability that has not been regulated requires legal reform. Residual weaknesses affect evidentiary weight. Implementing the standard requires regulation of authority, data governance, expert capacity, equal access, and empirical testing.

Evidentiary Standards and Limits of Criminal Liability for False Testimony under Oath in Indonesia’s Criminal Justice System

2026-08-08T15:56:39+00:00

The principal problem in proving false testimony under oath arises when objective falsity is treated as direct evidence of the defendant’s intent. This study aims to formulate evidentiary standards for the objective elements, proof of the defendant’s culpability, the limits of criminal liability, and the structure of judicial reasoning under Article 373 of Law Number 1 of 2023. This normative legal study is prescriptive in nature and employs statutory and conceptual approaches. The legal materials and supporting non-legal materials are examined through qualitative legal analysis using grammatical, systematic, and teleological interpretation. The study formulates a two-stage evidentiary framework. The first stage covers the legal circumstances governing the giving of testimony, an oath or a legally equivalent form, the form and manner in which the testimony is given, attribution of conduct, the portion of the testimony alleged in the indictment to be false, reference facts, and the function and legal validity of the evidence. The second stage covers actual knowledge of falsity, volition to give the testimony, circumstantial facts, alternative explanations, the capacity for criminal responsibility, and excuses. Motive, inconsistencies, official position, access arising from a legal relationship, or conduct during the proceedings is insufficient to serve as the sole basis for intent. Failure to prove knowledge or intent results in an acquittal. The existence of a ground precluding punishment after the conduct and culpability have been proven results in a judgment of discharge from all legal charges. The novelty of this study lies in integrating the elements, facts, evidence, mental state, and structure of judicial reasoning into a prospective evidentiary model for Indonesia’s new criminal law regime.

Legal Certainty Concerning Asset Separation and the Limits of Sole Shareholder Liability in Indonesian Single-Member Companies

2026-08-08T15:56:39+00:00

An Indonesian single-member Company enables a micro or small enterprise operator to obtain legal-entity status through incorporation by one person. The concurrent positions of founder, sole shareholder, and director raise questions concerning asset separation, legal capacity, and the basis for imposing personal liability. This study analyzes legal certainty concerning asset separation and the limits of sole shareholder liability under Article 153J of Law Number 40 of 2007 after amendment. This prescriptive normative legal research applies statutory, conceptual, and limited functional comparative approaches. The analysis identifies legal-entity status, distinguishes legal capacities, classifies independent bases of personal liability, separates the elements of each exception, and determines the substantive legal basis and scope of remedies. The findings show that legal personality, asset separation, and limited liability are related but distinct concepts. Legal-entity status separates the Company from its sole shareholder but does not automatically transfer all assets previously used by the founder to the Company. Sole ownership and concurrent legal capacities do not, by themselves, create personal liability. Each exception under Article 153J section (2) must be assessed according to its elements. Personal obligations arising from an independent basis of liability must be distinguished from the inapplicability of limited-liability protection. This study formulates an eleven-stage analytical framework that connects the clarity of the applicable rule, accurate identification of legal capacity, traceability between elements and supporting facts, and predictability of legal consequences. The framework distinguishes the inapplicability of protection, the substantive legal basis of liability, and the form and scope of legal remedies.

Validity of the Extension of PTPN XIV’s Cultivation Right over Customary Land: Reconstructing Legal Protection for Negeri Tananahu

2026-08-15T00:10:00+00:00

This study examines the validity of the extension of PTPN XIV’s cultivation right where part of the land concerned lies within the customary territory of Negeri Tananahu. It analyzes the legal basis of the 2019 extension, assesses its validity in terms of authority, procedure, and substance, and reconstructs legal protection for Negeri Tananahu as an indigenous law community. This normative legal research applies statutory, conceptual, case, and historical approaches by analyzing legal materials and documents relating to the dispute. The analysis finds that the Minister Decision Number 41/HGU/KEM-ATR/BPN/V/2019 constitutes a decision extending PTPN XIV’s cultivation right. Its validity depends on ministerial authority, compliance with extension requirements, examination of land status and history, possession and use of individual parcels, boundary delineation, conformity with spatial planning, and examination by the Land Examination Committee B. Recognition of Negeri Tananahu strengthens its legal status in protecting its customary territory. Legal protection operates through careful land examination, public information disclosure, land case handling and resolution, administrative remedies, judicial proceedings, and administration and registration of land subject to customary rights after overlapping rights have been resolved.

Mapping Judicial Reasoning in Marriage Dispensation Based on Maqāṣid al-Sharīʿah for AI-Supported e-Court Development at Ketapang Religious Court

2026-08-24T01:08:50+00:00

Adjudicating marriage dispensation applications requires judicial reasoning that integrates child protection, the circumstances of prospective spouses, and the objectives of Islamic law (Maqāṣid al-Sharīʿah) within the electronic court system. This study aims to map patterns of judicial reasoning based on five dimensions of Maqāṣid al-Sharīʿah and to formulate the mapping results as a basis for developing artificial intelligence (AI) support within e-Court. This empirical legal research employs a qualitative design and was conducted at Ketapang Religious Court through interviews and observations involving 35 informants, document analysis of marriage dispensation court orders issued from 2019 to 2023, analysis of legal materials, and a text-mining-based AI model simulation. The 2019–2023 documents were processed through text search, filtering, and classification of legal reasoning, resulting in an analytical corpus of 75 court orders. Contextual review linked passages of judicial reasoning to dominant categories, supporting dimensions, legal context, and classification rationales. The findings show that preservation of lineage (hifz al-nasl) was the most frequently identified dominant category, followed by preservation of life (hifz al-nafs), preservation of wealth (hifz al-māl), preservation of religion (hifz al-dīn), and preservation of intellect (hifz al-ʿaql). The relationships among these dimensions demonstrate the multidimensional character of judicial reasoning. The simulation classified legal reasoning and presented relationships among categories to support the retrieval of relevant information. These findings provide a basis for developing an information support system within e-Court that incorporates source traceability, human verification, audit trails, data governance, and judicial authority.

Gap between Functional Appointment and Authority Requirements for Industrial Relations Mediators: Legal Effectiveness of Mediation in Murung Raya Regency

2026-08-31T14:26:25+00:00

Mediation constitutes an important mechanism for industrial relations dispute settlement. Its legal effectiveness depends on the alignment among the administrative status of officials, competency, exercise of authority, procedural regularity, and settlement outcome documents. This study examines the gap between appointment to the Functional Position of Industrial Relations Mediator and fulfillment of the requirements for exercising mediators’ authority in Murung Raya Regency, as well as its implications for the legal effectiveness of mediation. This empirical legal research employs a socio-legal approach and qualitative analysis based on interviews, written statements, institutional documents, and an in-depth examination of five cases supported by complete minutes or official records and related case-handling documents. The data were analyzed through source triangulation and assessment against primary legal materials using legal system theory and law enforcement factors. The findings show that functional appointment has established the administrative status of officials and supported their involvement in dispute handling. However, education and training, competency, understanding of authority, and performance of mediator functions reveal discrepancies in implementation. The findings include two cases that did not result in agreement and were referred to the provincial level without a written recommendation at the regency level; three Collective Agreements that did not identify the signatory’s capacity as an Industrial Relations Mediator in the witnessing section; variations in documented case-handling periods; and incorrect legal bases in several documents. The legal effectiveness of mediation in Murung Raya Regency therefore depends on the alignment among functional status, competency, understanding of authority, procedural regularity, and settlement outcome documents.