Abstract:This study discusses legal protection for victims of wrongful arrest during the investigation process in Indonesia. As a state governed by law, Indonesia guarantees the protection of human rights, including for those who…
become victims of procedural errors in the justice system. Wrongful arrests constitute a violation of individual freedom and cause physical, psychological, and social suffering. This research employs a normative legal method, drawing on statutory and literature sources. The results show that victims of wrongful arrest are entitled to compensation and rehabilitation, as provided for in the Indonesian Criminal Procedure Code (KUHAP) and Law Number 48 of 2009 concerning Judicial Power. However, compensation provided is still limited to material aspects and has not fully restored the victims’ dignity, reputation, and well-being. Therefore, the state must strengthen legal protection mechanisms and ensure that investigations are conducted professionally, transparently, and in accordance with human rights principles to prevent the recurrence of wrongful arrest cases.
Abstract:This study aims to analyze the effectiveness of fulfilling children’s rights to maintenance after divorce at the Sibuhuan Religious Court by examining the legal foundations, the implementation of court decisions, and the…
he obstacles in their enforcement. This research employs a qualitative juridical-empirical approach through the analysis of statutory regulations, legal literature, and relevant court practices. The findings indicate that although fathers’ obligations to provide child maintenance are clearly regulated under both Islamic law and Indonesian positive law, their implementation in practice remains inadequate. The main obstacles include low legal awareness among the parties, economic constraints, weak mechanisms for monitoring the execution of court decisions, and institutional limitations within the Religious Court in ensuring continuous compliance. This study emphasizes that the effectiveness of child protection cannot rely solely on judicial rulings but requires strengthening institutional mechanisms, optimizing the role of mediation, and increasing public legal awareness. Therefore, fulfilling child maintenance rights after divorce should be positioned as an integral part of realizing substantive justice and protecting the best interests of the child.
Abstract:In facing global sustainability challenges, consumers play a strategic role in shaping the direction of the circular economy. This article presents a literature review on the relationship between consumer protection and…
the transition toward a sustainable consumption model. The main focus is directed at three key issues: the right to environmental information, the right to repair, and regulatory challenges related to greenwashing practices. By using a narrative literature review approach, this article examines various academic and policy sources to evaluate the extent to which consumer protection has been integrated into circular economy strategies. The findings show that although positive initiatives have been taken, regulatory implementation remains weak and often fails to provide effective protection mechanisms for consumers. The policy implications proposed include strengthening standards for environmental claims, expanding the right to repair across sectors, and increasing sustainability literacy at the consumer level. This article aims to enrich academic discourse and serve as a foundation for consumer-based policy development in support of the circular economy agenda.
Abstract:This study aims to explore and analyze the role of law enforcement in upholding privacy regulations as an effort to strengthen national resilience in the digital era, with a particular focus on the implementation of Law…
Number 27 of 2022 on Personal Data Protection (PDP Law). Employing a descriptive qualitative method based on a literature review, the research examines structural, technical, and institutional challenges in the enforcement of the PDP Law, including low levels of public digital literacy, the absence of comprehensive implementing regulations, and the lack of inter-agency integration. The findings reveal that weak law enforcement increases the risk of cyberattacks on critical infrastructure, diminishes public trust in digital services, and poses the potential for digital economic isolation. The study further highlights the importance of synergy among the government, private sector, civil society, and the media in developing an effective data protection system, supported by capacity-building for law enforcement officers, regulatory harmonization, and the adoption of AI-based legal technologies. Conceptually, successful law enforcement in digital privacy protection not only safeguards individual rights but also serves as a strategic foundation for national resilience.
Abstract:The principle of legality is a fundamental concept in the Indonesian criminal justice system, ensuring legal certainty and the protection of human rights from arbitrary criminal punishment. However, the rapid development…
of modern crimes often leads to legal gaps or vague norms that require judges to conduct judicial law-finding (rechtsvinding) when resolving criminal cases. This research aims to analyze the position of the principle of legality as a legal limit to judicial authority and examine how far judicial law-finding can be carried out without violating the essential principles of criminal law. This study employs a normative legal research method with a statute approach, conceptual approach, case approach, and historical approach. The results demonstrate that the principle of legality plays a crucial role in restricting judicial interpretation to prevent the creation of new offenses that may harm defendants and to ensure punishment can only be imposed based on pre-existing laws. Nonetheless, judicial law-finding remains necessary to address contemporary crimes that are not yet regulated under statutory law. Therefore, a proportional balance between legal certainty and substantive justice is required so that the principle of legality and judicial law-finding can work synergistically within Indonesia’s criminal justice system.
Abstract:The ambiguity of the elements “dealer” and “user” in Articles 114, 112, and 127 of Law Number 35 of 2009 on Narcotics creates legal uncertainty in the practice of criminal justice. These three provisions often overlap in…
erlap in law enforcement, particularly when investigators and public prosecutors apply more severe charges without comprehensively examining the legal construction of the defendant’s actions, including the social and situational context behind them. This study is a normative legal research that examines the doctrine of judicial legal discovery, principles of criminal law, and the principle of proportionality in sentencing in a more in-depth and structured manner. The results of the study indicate that judges have the authority to interpret the elements of narcotics criminal acts systematically, grammatically, and teleologically to clearly distinguish between “abusive users” and “dealers with the intent to distribute.” Legal discovery is needed to prevent overcriminalization and to ensure the protection of the rights of suspects and defendants throughout the entire criminal justice process. This study concludes that the appropriate method of interpretation is an integration of systematic interpretation, teleological interpretation, and the ratio legis of the Narcotics Law.
Abstract:This study aims to analyze the validity of the use of language in the Investigation Report (BAP) of the Suspect in the Gowa Police Criminal Investigation Unit through a forensic linguistic study. The focus of the research…
h is directed at four linguistic aspects, namely diction, syntax, coherence, and ambiguity, which have the potential to affect the accuracy, clarity, and consistency of information in BAP documents. This study uses a qualitative approach with a case study design, involving five Suspect BAP documents as primary data analyzed through qualitative content analysis techniques using the interactive model Miles, Huberman, and Saldaña. The results of the study show that the use of diction in some BAPs does not fully reflect the suspect's literal statements, but is a narrative construction of the investigator that has the potential to cause meaning bias. In the syntax aspect, it was found that the sentence structure was long, ineffective, and layered so that it gave rise to the blurring of the subject of action and the flow of information. The aspect of coherence also shows irregularities in the organization of the chronology which results in the flow of events becoming illogical and making it difficult to understand the sequence of events. Meanwhile, referential and semantic ambiguity is found in a number of parts of the BAP, especially related to the use of unclear pronouns that open up the possibility of double interpretation. These findings indicate that the linguistic aspect plays a crucial role in the validity of BAP as a legal document. Linguistic inaccuracy has the potential to affect the interpretation of law enforcement officials and have an impact on the fulfillment of suspects' rights. This study emphasizes the need to improve language competence for investigators and the application of forensic linguistic principles in the preparation of investigation documents.
Abstract:Corruption, as an organized and transnational crime, demands a more effective asset recovery mechanism than the conventional criminal approach currently applied in Indonesia. The limitations of criminal law instruments in…
n tracing, confiscating, and repatriating assets that have been transferred, concealed, or placed outside national jurisdiction form the central background for the urgency of the Asset Forfeiture Bill. This study aims to analyze the concept of asset forfeiture for corruption cases through the non-conviction based forfeiture mechanism and assess the alignment of the Asset Forfeiture Bill with international standards, particularly the UNCAC. The research employs a normative legal method through an examination of legislation, academic literature, international documents, and comparative best practices. The findings indicate that the Bill introduces a new enforcement paradigm through in rem procedures, an integrated asset-tracing system, civil judicial control, and transparent asset management. The discussion reveals that although the Bill has significant potential to enhance state asset recovery, its implementation requires strengthened evidentiary standards, protection of property rights, and improved inter-agency coordination. The study concludes that the Asset Forfeiture Bill represents a strategic instrument for improving the effectiveness of anti-corruption efforts, yet its success depends on procedural safeguards, transparency in asset administration, and the institutional capacity of law enforcement bodies.
Abstract:The community has the right to express aspirations, suggestions, and opinions in the village government's execution. The goal of this study is to examine how community rights are implemented and identify barriers to their…
r effective execution in village management. In particular, the preparation of the Draft Village Regulation aims to enhance the implementation of democracy in the Village. The research method employed is empirical legal research, utilizing primary and secondary data collection methods through in-depth observations and interviews. The results are based on field studies and documents from the Gunungsari Village Government, Tajinan District, Malang Regency. A qualitative juridical analysis is then carried out. The study's results show that implementing community rights in expressing aspirations, suggestions, and opinions is crucial in preparing the draft village regulations. In the planning activities for preparing village regulations, participation has been carried out through village deliberations and hamlet deliberations, which have identified inhibiting factors. First, there are still people who do not understand their rights. Second, there are still people who remain indifferent. Third, the community has not been informed about the village authority's plan to create village ordinances. Techniques for conquering difficulties 1). connecting the community's and the village government's perspectives, goals, and tactics. 2) Budgetary support from the village government for improving community human resources through education, training, and courses. 3) Village government programs and activity plans must be oriented towards improving community income and welfare. 4) Improved facilities and infrastructure for disseminating plans for drafting village regulations.
Abstract:This study aims to determine “The Relationship Between Workload and Work Stress Among Employees at PT Everbright Rantauparapat Branch.” Workload was measured through indicators of targets to be achieved, working conditions,…
itions, use of working time, work standards, and work stress was measured through indicators of task demands, role demands, organizational leadership, and interpersonal demands. The research population consisted of 36 people with a saturated sampling technique. Primary data were obtained from Likert-scale questionnaires. Based on the results of data analysis conducted, it was found that the research data met the normality assumption, as indicated by a significant value of 0.087, meaning that the data were normally distributed. In addition, the results of the linearity test showed a significance value of deviation from linearity of 0.500, which means that the relationship between workload and work stress is linear. Furthermore, the results of the simple linear regression test showed that there was a relationship between workload and work stress with a result of 0.534, meaning that there is a fairly strong relationship between workload and work stress.