Law Research Review Quarterly (L. Research Rev. Q.) was published online for the first time in February 2020 (ISSN 2716-3415). However, this journal has previously been published in several editions in print since 2015, especially as seminars and conference papers under Seminar Nasional Hukum Universitas Negeri Semarang. Over time and as a form of improving the quality of publications, the name Law Research Review Quarterly was officially used in the 2020 issue and beyond. The Law Research Review Quarterly is a peer-reviewed law journal published quarterly every February, May, August, and November by the Faculty of Law, Universitas Negeri Semarang, Indonesia. The Law Research Review Quarterly aims to reflect the current concerns and latest research of law and justice scholars and advance discussion of these issues. The scope of the Journal is broad, encompassing a wide array of law, crime, and justice topics and issues in Indonesia, Southeast Asia, and the global context. The Law Research Review Quarterly is also recognized as one of the leading peer-reviewed journals in Indonesia that provides an international forum for articles, commentaries, and notes in all areas of legal scholarship and across a range of methodologies, including doctrinal, theoretical, and socio-legal. The focus of this journal is to publish articles related to legal justice in a broad perspective, whether from psychological, social, political, economic, cultural, linguistic, and security and intelligence studies. The journal regularly publishes special issues within this broad remit. Title : Law Research Review Quarterly Editor in Chief : Assoc. Prof. Dr. Rini Fidiyani, S.H., M.Hum. ISSN : 2716-3415 (Online) DOI Prefix : 10.15294/snh Publisher : Faculty of Law Universitas Negeri Semarang Frequency : 4 (four) issues per year (February, May, August, November)
Normative Analysis of Criminal Accountability for Transnational Organized Drug Smuggling through False Concealment at Yogyakarta International Airport
This study discusses the legal gap in determining criminal liability for Transnational Organized Crime (TOC) networks that use false concealment methods in smuggling liquid methamphetamine at Yogyakarta International Airport. The main problem lies in the limitations of Indonesian criminal law in reaching criminal liability not only for the direct perpetrators, but also for the entire syndicate structure, such as coordinators, facilitators, and financiers, because the method of concealment makes it difficult to prove. This study uses a normative juridical approach by analyzing the integration between the Narcotics Law (Law No. 35 of 2009) as lex specialis and the Criminal Code, specifically Articles 55 and 56, in determining collective criminal liability. The results show that the method of disguising narcotics in the form of consumer goods reveals normative and structural weaknesses in the current criminal liability system. As a scientific contribution, this study proposes an expanded model of criminal liability that integrates narcotics law, the doctrine of participation, and money laundering provisions to cover the entire TOC network. This study concludes that strengthening criminal liability for transnational narcotics crimes requires updating legal doctrines, strengthening international cooperation, and implementing additional legal provisionsto make law enforcement more effective and provide a deterrent effect.
Copyright (c) 2026 Law Research Review Quarterly
Modern State Creation and Local Government Autonomy in Nigeria
The study focused on state creation agitations and local government autonomy, since state creation has remained a prominent feature of Nigeria’s political evolution, often pursued as a means of addressing ethnic exclusion, improving administrative reach, and fostering national cohesion. However, despite multiple waves of state creation since independence, persistent governance problems such as regional disparities in development, inadequate service delivery, and limited political inclusion continue to undermine these objectives. The study adopted the qualitative method to explore several theoretical concepts on the discourse. While the proliferation of states has widened avenues for political participation, it has simultaneously led to greater fiscal strain, rising administrative overheads, and deeper reliance on federal revenue allocations. In response to these limitations, the study proposes local government autonomy as a more practical and sustainable alternative to the continued creation of states. The article demonstrates how genuine political, administrative, and financial independence for local governments can strengthen citizen participation, enhance service delivery, and support sustainable development at the local level. It argues that granting local governments direct access to statutory revenues, operational independence, and robust accountability structures provides a more inclusive and cost-efficient governance framework than further state expansion. The article concludes that advancing meaningful local government autonomy through constitutional reform and effective oversight offers a more viable route to democratic deepening and balanced development in Nigeria than the ongoing multiplication of states proposal.
THE PRESIDENT'S AUTHORITY IN GRANTING ABOLITION AS STATE MERCY FROM A LEGAL AND POLITICAL PERSPECTIVE (Case Study of Tom Lembong's Abolition)
This study examines the authority of the President in granting abolition within the framework of the Indonesian rule of law, focusing on the tension between legal certainty and substantive justice. The main issue of this study is the shift in the function of abolition from a normative corrective mechanism to a pragmatic political instrument, as seen in the controversial case of Thomas Trikasih Lembong. The purpose of this study is to analyze the philosophical and juridical basis of abolition and to evaluate how political dynamics influence the decision to grant abolition in 2025. Using a normative legal research method through a legislative, conceptual, and case approach, this study finds that although abolition has a constitutional basis in Article 14 section (2) of the 1945 Constitution of the Republic of Indonesia, its implementation in the Thomas Lembong case functions as "political language" to maintain national stability and reconciliation among elites. The findings of the study show a gap between formal legal legitimacy and public perception, where abolition is viewed ambivalently as a means of reconciliation and a potential source of impunity for elites. This study concludes that abolition is an important "safety valve" in the constitutional system to bridge procedural law with humanitarian values, but transparent technical regulations and objective criteria are needed to ensure that this discretionary authority remains accountable and consistent with the principles of justice and the rule of law.
Implementation of Legal Protection for Child Victims of Sexual Violence: A Review of Secondary Victimization at Polrestabes Semarang
Sexual violence against children frequently occurs in Semarang, affecting not only the physical but also the psychological well-being of children. In response to the high number of cases of sexual violence against children in Semarang, Polrestabes Semarang as a law enforcement agency, is obligated to provide legal protection to victims. This article aims to analyze the implementation of legal protection for child victims of sexual violence at Polrestabes Semarang and the factors that lead to secondary victimization during the legal process at Polrestabes Semarang. This study uses victimology with a qualitative approach. Data collection techniques in this study were interviews, observation, and document study. Based on the research results, Polrestabes Semarang has implemented legal protection in a preventive and repressive manner. However, several obstacles are still found in its implementation, such as a lack of female investigators, limited psychologists, and cases that suddenly stop (stalled). In addition, child victims of sexual violence still experience secondary victimization during the investigation stage at Polrestabes Semarang, including repeated investigations, victim blaming by investigators, a lengthy legal process, and community stigma. Therefore, it can be concluded that Polrestabes Semarang has sought protection law for child victims of sexual violence, but in its implementation there are still obstacles found until secondary victimization practices towards the victim.
Legal Analysis of Cohabitation and Adultery Delict in Law No. 1 of 2023 On the Criminal Code
This study examines the criminalization of adultery and cohabitation in Law No. 1 of 2023 on the Criminal Code (KUHP), focusing on the effectiveness of the absolute nature of the delict under Articles 411 and 412. The main problem identified is the restriction of the subject of the complaint to only include the immediate family, thus creating a legal impasse in accommodating living law, as well as the communal community's unrest over violations of decency in their neighborhood. The purpose of this study is to formulate an ideal formulation of more adaptive law enforcement through normative legal research methods with a legislative and conceptual approach. The results of this study indicate that restricting the right to complain risks triggering vigilante justice (eigenrichting), thus requiring a reorientation of the paradigm through the reconstruction of the nature of the delict into a relative complaint delict. In conclusion, this study offers an ideal formulation in the form of expanding the legitimacy of complainants to include four main pillars, namely husband or wife, parents, children, and traditional leaders or community leaders. This mechanism for making complaints has included traditional authority as a way of moderating the role of social filter in protecting individual privacy and family integrity, yet achieving a balance with the need to maintain socio-cultural peace through local culture and ethics of the Indonesian nation as well as to create a situation where complaint mechanisms are used only as a last resort (the principle of ultimum remedium).
Adultery, Cohabitation, National Criminal Code, Relative Delict, Traditional Leaders.
Responsiveness Action in Handling Adult Male Rape Cases in the Struggle of Toxic Masculinity Culture
The culture of toxic masculinity is still a significant obstacle in handling rape cases against adult men. The view that men should always be strong and unlikely to be victims leads to low reporting and weak institutional attention. This study aims to analyze the factors of rape of adult men in the struggle of toxic masculinity culture and examine the responsiveness of law in its handling using Nonet and Selznick's responsive legal theory as an analytical framework. This research uses a qualitative approach with a socio-legal research type, which combines observation, interviews, questionnaires and literature studies. The results of the study show that toxic masculinity functions as a structural barrier that suppresses the victim's courage to report, triggers the bias of law enforcement officials, and increases the risk of secondary victimization. Although Indonesia's positive law has moved towards more inclusive victim recognition through the Indonesia Criminal Code Number 1 of 2023, legal implementation still faces challenges in terms of institutional sensitivity and substantive protection of victims. This study emphasizes the importance of strengthening gender-justice-oriented responsive laws in ensuring protection and recovery for adult male rape victims.
Reconfiguring Governance and Control of State-Owned Enterprise Subsidiaries in Indonesia after the Establishment of Danantara
The establishment of the Daya Anagata Nusantara Investment Management Agency, hereinafter referred to as Danantara, through Law Number 1 of 2025 marks a fundamental shift in the governance and control of State-Owned Enterprises (SOEs), including their subsidiaries. This transformation replaces the previous governance model, which relied on the administrative authority of the Ministry of SOEs, with a centralized control framework implemented through investment management and holding mechanisms. This study aims to analyze the changes in governance and control over SOE subsidiaries following the establishment of Danantara, particularly with regard to the limits of state control authority, its implications for the principles of good corporate governance, and legal accountability within the SOE corporate group structure. The findings indicate that the establishment of Danantara strengthens state control over SOE subsidiaries both structurally and functionally, particularly through capital management, business planning, and the approval of strategic corporate actions, without altering the legal status of subsidiaries as independent limited liability companies. However, such reinforcement of control has the potential to restrict the autonomy of corporate organs and poses challenges to the implementation of the principles of independence and accountability. This study concludes that clear delineation of Danantara’s control authority is necessary to ensure consistency with the principle of entity separation and the implementation of good corporate governance.
Protection of Foreign Famous Brands Based on the First to File Principle in MONSTER and 4MONSTER Disputes
This study aims to analyze the application of the first to file principle in providing legal protection to trademark rights holders in Indonesia, especially in trademark disputes involving well known brands. The background of this research is based on the fact that there is still a frequent conflict between legal certainty for the first registrant and substantive justice for those who have a reputation and use of the trademark first. This research is urgent due to ongoing issues concerning practice of trademark registration carried out in bad faith, which has the potential to cause unfair business competition and harm the owner of the brand in good faith. This research uses a normative juridical method with a legislative approach and a case approach, which focuses on Decision Number 12/Pdt.Sus-HKI/Memerk/2024/PN Niaga Central Jakarta related to the MONSTER and 4MONSTER trademark disputes. The originality of this research lies in its analysis of the application of the first to file principle in the latest commercial court decisions with an emphasis on the consideration of bad faith and the protection of well-known brands. The findings of the study show that although the Indonesian trademark legal system adheres to the principle of first to file which is constitutive, legal protection is not provided absolutely if the trademark registration is conducted in bad faith. This article concludes that the ruling strengthens substantive justice and provides important guidelines in balancing legal certainty and fairness in trademark law enforcement in Indonesia.
Review of Food Estate Legal Policy in Maintaining Food Sovereignty Based on State Obligations
This study analyzes the legal framework of Indonesia's Food Estate policy, evaluating its alignment with the constitutional mandate of Food Sovereignty and State Obligations. Employing normative legal research with Regulatory Impact Assessment (RIA) and ROCCIPI frameworks, the study diagnoses regulatory disharmony and effectiveness. The findings reveal a fundamental paradigm shift from "Food Sovereignty" to "Food Security" within the Food Estate regulations, characterized by a corporate-centric approach that marginalizes local farmers. The research identifies critical vertical and horizontal disharmonies, particularly between the Forestry Law and implementing regulations, which facilitate land conversion in protected forests and weaken environmental safeguards through "Fast KLHS" mechanisms. This creates a "state of exception" that risks repeating historical ecological failures. The study concludes that the current policy contains structural legal flaws violating the state's obligation to respect and protect human rights. It recommends an immediate moratorium on land clearing in protected areas, regulatory harmonization, and a strategic pivot towards a community-based food sovereignty model.
Postnuptial Agreement as an Instrument for Protecting the Land Rights of Indonesian Citizens in Mixed Marriages
Land occupies a strategic position in the Indonesian agricultural legal system, in which the right to land ownership is reserved for Indonesian citizens (WNI) only, in accordance with Article 21 of the Basic Agrarian Law (UUPA). This provision poses a problem for WNI who are in mixed marriages. The reason for this is that the joint property system can lead to land ownership rights being regarded as mixed ownership and thus run the risk of passing into the hands of foreign nationals (WNA). This study analyzes the role of marriage contracts as a legal solution to protect the land ownership rights of WNI in mixed marriages. The study uses a legal-normative method with a legislative and conceptual approach. The results of the study show that Constitutional Court Decision No. 69/PUU-XIII/2015 recognizes prenuptial agreements concluded after marriage, allowing for retroactive separation of property. Furthermore, this protection is reinforced by Government Regulation No. 18 of 2021, Article 70, which states that Indonesian citizens married to foreigners can retain land rights based on a property division agreement. This is further reinforced by technical regulations issued by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency, which provide legal certainty and administrative mechanisms for land ownership. Overall, marriage contracts serve as an important tool for protecting the constitutional rights of Indonesian citizens, preventing control of land by foreigners, and ensuring justice and legal certainty in mixed marriages.
Legal Protection for Abusers as Self-Victimizing Victims in Countermeasures to Narcotics Crimes
Narcotics abuse is a social and legal problem that has various serious impacts in Indonesia. Not only individuals who consume them impact, but also have a wide impact on the people around them and the country's legal system. Therefore, the handling of narcotics abusers must be carried out comprehensively. Narcotics abusers are often positioned as mere perpetrators of crimes, even though they are also victims of psychological and physical dependence. The case described above creates a special concept known as self-victimizing victims, who are individuals who are victims of their own criminal acts. In Law Number 35 of 2009 concerning narcotics, there are regulations regarding criminal penalties for narcotics abusers, however law enforcement is still predominantly repressive. This article aims to knowing and understanding the concept of self-victimizing victims in drug abusers as an effort to overcome narcotics crimes, and to describe and provide policy recommendations regarding legal protection for narcotics abusers as self-victimizing victims in order to improve the prevention of narcotics crimes that are more humane and proportional. Therefore, the problem formulation emerged: 1.) How is the concept of self-victimizing victims in narcotics abusers as countermeasures to narcotics crimes? And, 2.) How is the policy recommendations legal protection for narcotics abusers as self-victimizing victims to overcome narcotics crimes?. This study uses a normative juridical research method with a qualitatively approach. In this study, it was found that legal protection for drug abusers as self-victimizing victims requires policy reform through a double track system approach, repressive and rehabilitative punishment.
Spatial Arrangement between Relocation and Change of River Flow to The Jragung Border Settlement
This study analyzes community organizations located in the buffer zone of the Jragung River in Demak Regency, which is legally a protected area under Indonesian spatial planning and water management regulations. The primary issue discussed is the continued presence of these organizations in the river boundary area despite clear laws, specifically those stipulated in Demak Regency Regulation Number 6 of 2011, Article 83 paragraph (3), which prohibits development within the river buffer zone, and Law Number 1 of 2011, Article 140, which restricts housing development outside the designated community organization area. These regulations stipulate a minimum distance of five meters from river embankments in areas outside the urban zone. This study aims to explore solutions to these problems. It uses an empirical legal method with a descriptive approach. The legal analysis focuses on the laws and regional regulations governing the river buffer zone, while empirical data is obtained through field observations and interviews with residents living along the Jragung River. Findings indicate that organizations in the river buffer zone developed gradually due to inherited land ownership, economic constraints, strong social continuity with the settlement, and weak government oversight and legal dissemination. While relocation provides hydrological and ecological benefits, it also poses significant social and economic challenges for affected communities. In contrast, river engineering measures, such as river channel straightening and embankment construction, are considered more feasible in the study area because they reduce disaster risk without causing significant social disruption.
From Authoritarianism to Participatory Governance? A Legal and Constitutional Review of Public Participation in Indonesia’s Mineral and Coal Mining Laws
This article critically examines the evolution of public participation in Indonesia’s mineral and coal mining legislation from the post‑independence era through the 2023 reforms. Drawing on a normative‑doctrinal methodology, it analyses four principal statutes (Law No. 11/1967, Law No. 4/2009, Law No. 3/2020 (as amended by the Law No. 6/2023)) alongside their derivative regulations. The study deploys Arnstein’s ladder of participation to assess the degree of meaningful engagement granted to affected communities, and integrates the Constitutional Court’s five‑function model of state resource control (beleid, bestuursdaad, regelendaad, beheersdaad, toezichthoudensdaad) and Ostrom’s collective‑action theory to contextualize normative shifts. Findings reveal that under the 1967 regime, public involvement was effectively absent, amounting to non‑participation. The 2009 Mining Act introduced tokenistic consultation and information‑sharing mechanisms without substantive influence. The 2020 amendments marked a shift toward partnership—granting formal channels for complaints, community development obligations, and limited consent procedures—yet persisted in privileging state and corporate prerogatives. The 2023 reforms further codified participatory requirements in area designation and social‑and‑environmental funding, but enforcement and procedural clarity remain uneven. The article concludes that while Indonesia’s mining laws reflect progressive normative commitments to public participation, significant gaps in implementation, transparency, and community empowerment persist. It recommends targeted regulatory guidance and stronger monitoring mechanisms to align statutory provisions with constitutional and international participatory standards.
Deconstructing Dominus Litis Towards the Parens Patriae Paradigm of the Prosecutor's Office in Protecting Child Victims
<a href="https://journal.unnes.ac.id/journals/snh/This study aims to reconstruct the role of the Prosecutor's Office in the Indonesian juvenile criminal justice system, particularly in addressing the phenomenon of child delinquency where the perpetrator is under 12 years old. The fundamental problem arises when the prosecution process is formally halted (based on Article 21 of the SPPA Law), which implicitly causes the Prosecutor to ignore the victim's rights by his capacity as Dominus Litis. Through normative juridical research methods with a philosophical and conceptual approach, this study identifies a systemic failure in realizing substantive justice for child victims. The originality of this thinking lies in the deconstruction of the Prosecutor's rigid role from merely a public prosecutor to a representative of the state through the doctrine of Parens Patriae. The results of the study recommend an integrative protection model based on Pancasila Justice, where the Prosecutor acts as a restorative catalyst that guarantees restitutio in integrum for child victims through an institutionalized non-litigation mechanism.">This study aims to reconstruct the role of the Prosecutor's Office in the Indonesian juvenile criminal justice system, particularly in addressing the phenomenon of child delinquency where the perpetrator is under 12 years old. The fundamental problem arises when the prosecution process is formally halted (based on Article 21 of the SPPA Law), which implicitly causes the Prosecutor to ignore the victim's rights by his capacity as Dominus Litis. Through normative juridical research methods with a philosophical and conceptual approach, this study identifies a systemic failure in realizing substantive justice for child victims. The originality of this thinking lies in the deconstruction of the Prosecutor's rigid role from merely a public prosecutor to a representative of the state through the doctrine of Parens Patriae. The results of the study recommend an integrative protection model based on Pancasila Justice, where the Prosecutor acts as a restorative catalyst that guarantees restitutio in integrum for child victims through an institutionalized non-litigation mechanism.
Prosecutor's Office, Child Delinquency, Parens Patriae, Pancasila Justice, Modern Victimology
Reorientation of Indonesian Economic Law Reform in the Era of Economic Modernization and Globalization
Economic modernization and globalization have significantly transformed the structure and dynamics of national economies, including Indonesia’s economic system. These developments pose substantial challenges to the existing framework of economic law, which must adapt to rapid technological advancements, cross-border economic activities, and increasing global competition. This study aims to analyze the influence of economic modernization and globalization on Indonesian economic law and to examine the necessity of reorienting economic law reform to address these challenges effectively. This research employs a normative legal research method with a statutory and conceptual approach, examining relevant laws, regulations, and legal doctrines related to economic law in Indonesia. The analysis focuses on identifying structural limitations within current legal frameworks and evaluating their responsiveness to global economic changes. The findings indicate that Indonesian economic law reform has not fully accommodated the complexities of economic modernization and globalization, particularly in ensuring regulatory adaptability, legal certainty, and balanced protection between national economic interests and global market demands. Therefore, a reorientation of economic law reform is essential to create a more adaptive, inclusive, and competitive legal framework. This study contributes to the development of economic law by offering a conceptual framework for reorienting Indonesian economic law reform in line with contemporary economic realities and global economic integration.
Reorientation; Law; Economic; Modernization; Globalization.
Criminalization of Corruption and Maximization of Asset Recovery in a Political and Legal Perspective (PT Asabri Case Study)
This paper explores strategies to enhance the restitution of government financial losses resulting from corrupt practices in the financial administration of the state-owned enterprise PT Asabri (Persero). The results of the research show that PT Asabri's finances are part of the state's finances, so that every corruption crime that occurs in it has consequences in the form of state losses that must be recovered through available legal mechanisms. Criminal law enforcement has been implemented, including the imposition of supplementary sanctions requiring restitution payments to the state as a mechanism for recovering public finances. However, this mechanism has not been able to restore all state losses caused by corruption crimes. The main obstacle in the recovery of state losses stems from the provisions of Article 18 paragraph (1) b of the Law on the Eradication of Corruption Crimes which limits the payment of compensation money to only the value of the assets obtained by the perpetrators of corruption crimes. These restrictions cause the convict's liability only includes the return of economic benefits obtained illegally, while other state losses arising from corruption crimes at PT Asabri cannot be fully held accountable to the convict. In fact, in practice, corruption has the potential to cause wider state losses, not limited to wealth that is directly controlled or enjoyed by the perpetrator.
Implementation of Rehabilitation of Narcotics Users as Detention According to Article 127 of Law No. 35 of 2009: A Case Study of BNNP Central Java
This study aims to analyze the criminal law regulation of narcotics users based on Article 127 of Law Number 35 of 2009, examine the practice of implementing inpatient rehabilitation for narcotics users sentenced to one year of imprisonment, and assess whether inpatient rehabilitation may be regarded as a form of detention and its implications for the rights of the defendants. The research employs an empirical legal research method with a descriptive analytical approach. Data were obtained through interviews with investigators from the National Narcotics Agency of Central Java Province, as well as an examination of laws and regulations, legal documents, and related literature. The results of the study indicate that, normatively Article 127 of the Narcotics Law has provided a legal basis for the implementation of medical and social rehabilitation as an alternative to punitive criminal sanctions. However, in practice, the implementation of inpatient rehabilitation is not fully consistent with its rehabilitative purpose. In certain circumstances, it functions in a manner similar to detention during the legal process, particularly due to the absence of a clear time limit and divergent interpretations among law enforcement officials. This condition has implications for potential violations of the rights of defendants who use narcotics, especially the right to personal liberty, adequate medical treatment, and humane treatment. Therefore, consistency in the application of Article 127 is needed in line with the principles of restorative justice and the protection of human rights so that rehabilitation truly functions as an instrument of social recovery and reintegration.
Narcotics Rehabilitation, Article 127 of the Narcotics Law, Restorative Justice, Inpatient Rehabilitation.
Non-Conviction Based Asset Forfeiture as an Instrument for Recovering State Losses in Corruption Crimes in Indonesia
NCBAF as emerged as a strategic legal instrument for recovering state losses arising from corruption, particularly in jurisdictions where conviction-based mechanisms prove ineffective. In Indonesia, the recovery of assets obtained through corruption remains heavily dependent on final and binding criminal judgments, a requirement that often delays asset confiscation and creates opportunities for offenders to conceal, transfer, or dissipate illicit assets. This study examines the weaknesses of the existing asset forfeiture framework within the Indonesian legal system and analyzes the urgency of adopting NCBAF as an alternative mechanism for recovering state losses in corruption cases. Employing normative legal research, this study adopts statutory and conceptual approaches through an analysis of national legislation and relevant international standards, particularly the United Nations Convention against Corruption (UNCAC). The findings demonstrate that the current conviction-based asset forfeiture regime is inadequate to address situations in which perpetrators have fled, died, or transferred assets to third parties. NCBAF, which operates through an in rem approach and focuses on the illicit origin of assets rather than the criminal liability of individuals, offers significant potential to accelerate asset recovery and close existing legal loopholes. The study concludes that comprehensive and clearly formulated regulations governing NCBAF are urgently required to strengthen Indonesia’s anti-corruption framework, enhance the effectiveness of state loss recovery, and ensure legal certainty while upholding due process of law.
Handling Corruption as a Social System: An AGIL-Based Socio-Legal Analysis of Prosecutorial Practices in South Sulawesi
This article examines the handling of corruption in South Sulawesi through a socio-legal approach by applying Talcott Parsons' AGIL (Adaptation, Goal Achievement, Integration, and Latency) framework to structured interviews. Different from the dominant approach that frames the handling of corruption primarily in terms of legal compliance, institutional capacity, or political matters, this article conceptualizes handling as a dynamic social system shaped by the institutional practice and professional experience of prosecutors. Empirical data was collected through structured interviews with 25 prosecutors from 24 district attorney's offices and 1 person from the South Sulawesi High Prosecutor's Office, all of whom had first-hand experience in dealing with corruption. The findings suggest that the handling depends on a functional balance between technical adaptation to complex corruption schemes, the achievement of substantive objectives oriented towards the deterrent effect and recovery of assets, institutional integration through teamwork and inter-agency coordination, and latency mechanisms that support professional values, and psychological stability. Disruption to AGIL's function can weaken the performance of handling corruption. This article offers a contribution by developing the AGIL framework from the normative side to the practical direction of institutional-based. This article affirms the concept of institutional balance to explain the legal structure, organizational coordination, and professionalism interacting in maintaining the handling of corruption at the regional level.
Legal Aspects of Open‑Source Software: A Comparative Study of Google Chrome and Android Platforms
Open‑source software, due to its transparent nature, participatory framework, and high customizability, plays a pivotal role in the development of information technology. This article examines the legal aspects of open‑source software by focusing on two major Google platforms—Google Chrome and Android. The purpose of this study is to conduct a comparative legal analysis of these two platforms and to identify the challenges and opportunities associated with the adoption of the open‑source model. To this end, the paper first defines and conceptualizes key notions such as Free Software and Open‑Source Software, elucidating their underlying nature and philosophical foundations. It then explores the legal frameworks governing such software, including various types of open‑source licenses and the obligations arising therefrom. Subsequently, critical legal concepts such as Copyleft, FOSS (Free and Open‑Source Software), and related issues are analyzed, particularly in light of landmark litigation such as Oracle v. Google. These analyses contribute to a deeper understanding of the legal complexities and the challenges faced by developers and users of open‑source software. Although the general focus of this study is on the legal context of Iran, comparative references are made to jurisdictions with advanced open‑source ecosystems, such as the United States, China, and other jurisdictions. This comparative analysis provides a clear picture of the legal dimensions of open‑source software and the challenges associated with it, offering valuable insights for developers, legal practitioners, and policymakers in achieving a more effective governance and management of open‑source systems.
Economic Exploitation of Children: An Integrated Handling Model for the Protection of Children's Constitutional Rights (Study in Pati Regency)
Economic exploitation of children is still a serious problem that occurs in various regions, including in Pati Regency, and has a direct impact on the violation of children's rights. This problem is generally triggered by the socio-economic conditions of vulnerable families and low legal awareness of the community, so that children are often used as a means to gain economic benefits. This study aims to analyze law enforcement against the crime of economic exploitation of children in Pati Regency and formulate an integrated handling model in the context of protecting children's constitutional rights. The research method used is sociological juridical with a qualitative approach, through the collection of primary data obtained from the public and law enforcement officials, as well as secondary data sourced from laws and regulations and literature studies. The results of the study show that normatively the legal apparatus for child protection has been adequate, but its implementation at the regional level has not been running optimally. Law enforcement is still dominated by preventive efforts, while repressive actions against exploiters have not been carried out firmly and consistently. The low legal culture of the community is also a factor that inhibits the effectiveness of child protection. This study concludes that it is necessary to strengthen fair law enforcement, increase cross-sector coordination, and build community legal awareness as part of an integrated handling model to suppress the practice of economic exploitation of children and ensure the protection of children's constitutional rights in a sustainable manner.
Women’s Exploitation in the Word of Work : Criminology Study and Human Right Protection (Pimp Case Study in Sragen)
Exploitation of women in the workplace through prostitution practices still occurs in Sragen Regency and places women in a vulnerable position without adequate legal protection. This study aims to analyse the forms of exploitation of women and the role of pimps in prostitution practices in Sragen from a criminological perspevtive, as well as examine the implementation of Law Number 21 og 2007 in handling cases and protecting victims. This study uses a normative research method with a legislative approach and cases studies. The results of the study indicate the exploitation is carried out systematically through fraud, forced sexual services, retrictions on freedom, as well as threats and violence, which fulfil the elements of forced labor and the crime of human trafficking.
The Application of Restorative Justice to Criminal Acts Committed by Persons with Disabilities in The Perspective of Educational Criminalization (Case Study in Semarang)
Persons with disabilities facing the law need special legal protections to ensure equal and non-discriminatory justice. However, in law enforcement practice in Indonesia, the implementation of proper accommodation and legal assistance is still not optimal. This research aims to analyze legal protection for persons with disabilities and the application of restorative justice in the perspective of educational criminalization. The research method used is normative research with a legislative and conceptual approach. The results of the study show that even though legal regulations are available, they still face obstacles in their implementation, so that the application of restorative justice based on educational criminalization is seen as more humane and just because it focuses on recovery and rehabilitation.
Persons with disabilities, legal protection, restorative justice, educational punishment.
Electronic Evidence and Digital Criminalisation in the 17 + 8 People’s Demands Demonstration
This article examines the role of electronic evidence and the practice of digital criminalisation in the series of demonstrations of 17+8 people's demands. The purpose of this study is to analyse the position of electronic evidence in proving criminal acts in the series of protests 17+8 of people's needs, the application of the ITE Law to the digital activities of the 17+8 demonstrations in the context of digital criminalisation, and the adequacy of legal norms in protecting freedom of expression in the digital era. The research uses a normative juridical method with a case approach to examine the practice of digital criminalisation that occurred in a series of demonstrations. The results show that electronic evidence has been recognised as legal evidence and plays a strategic role in ensuring public accountability, but its implementation is ambivalent. The multi-interpretive articles in the ITE Law are often used selectively against demonstrators, thus strengthening the pattern of digital repression. On the other hand, although Indonesia's legal norms are relatively complete, their implementation is still weak and emphasises public order over protecting people's fundamental rights. This article recommends reformulating the ITE Law's rubber articles, strengthening the PDP Law's implementation, and establishing an independent institution to oversee the protection of personal data and digital restrictions.
electronic evidence, digital criminalisation, ITE Law
The Guidance and Supervision Function of the Regional Government of West Kalimantan Province regarding the Accessibility of the Legal Documentation and Information Network (JDIH) of Regencies/Cities within its Region
As a means of disseminating information, JDIH provides convenience for the public to search for and access the full text of provisions of laws and regulations, such as laws, government regulations, presidential decrees, and regional regulations. However, in its implementation, the use of JDIH owned by each Regional Government cannot be optimally utilized by the society. Because there are still several official JDIH pages belonging to the Regional Government that cannot be accessed by the public. This research aims to determine the extent of the guidance and supervision function of the West Kalimantan Provincial Government regarding the accessibility of JDIH Districts/Cities in the West Kalimantan Province. This research is research with a juridical-normative method, with legal material sources consisting of primary legal materials and secondary legal materials. The data collection technique used is primary data collection through interviews with informants and data sourced from each JDIH website of the Regency/City Government in West Kalimantan Province. The results of the study focused on the lack of support given to JDIH which has a strategic role in government that supports organizational performance and as a form of government presence providing access to information to the public through an electronic system that is easily accessible, fast and simple.
Legal Documentation and Information Network (JDIH), JDIH Implementation, Problems of JDIH Implementation.
Apartment Management Model: A Comparative Study between Pekunden Semarang and Singapore Rusunawa
Flats are essential infrastructure designed for various purposes, including providing adequate housing for low-income communities. However, policy implementation has yet to be fully effective, as shown by the Pekunden Public Rental Flats (Rusunawa Pekunden) in Semarang, which face issues such as the absence of targeted government policies to address stagnant living patterns of low-income residents and weak management structures. This study aims to: (1) examine the penetration of Singapore’s Housing and Development Board (HDB) Ethnic Integration Policy into Indonesia’s public housing regulations; And (2) analyze the application of Singapore’s housing concepts and policies to improve the effectiveness of flat management in Indonesia. This qualitative research adopts a literature review approach to explore concepts, regulations, and best practices in housing management. The findings indicate that socio-economic segregation can be mitigated through regulatory reforms, including requiring at least 20% of commercial flat floor area to be allocated to low-income residents within the same development. Moreover, adopting HDB principles highlights the importance of centralized management, transparent financing, and social integration policies. In conclusion, strengthening regulations, innovating financing mechanisms, and promoting community participation are key strategies for creating effective, inclusive, and sustainable vertical housing that meets Indonesia’s urban development needs.
Analysis of the Implementation of Regulations and Enforcement of Business Competition Law : Comparative Study of Indonesia, Malaysia, and Thailand
This research seeks to address several key research questions, namely how the implementation and enforcement of competition law in Indonesia compares with those in Malaysia and Thailand. The focus of the study includes identifying significant similarities and differences between the three countries in terms of regulations, policy implementation, and the effectiveness of their law enforcement agencies. Through a comparative analysis approach, this study is expected to provide a deeper understanding of the effectiveness of competition law implementation and its impact on creating a healthy, fair, and competitive business climate in Southeast Asia. The results show that substantially all three countries, namely Indonesia, Malaysia, and Thailand, share a similar basic regulatory framework, particularly regarding the prohibition of anticompetitive agreements and abuse of dominant position. However, there are important differences in terms of implementation and enforcement. Indonesia relies on the Business Competition Supervisory Commission (KPPU), Malaysia has the Malaysia Competition Commission (MyCC), and Thailand has the Office of Trade Competition Commission (OTCC). Each of these institutions has distinct characteristics and working mechanisms, reflecting the social, economic, and political conditions in their respective countries, thus influencing the effectiveness of competition law implementation in the region.
Regulation; Law Enforcement; Business Competition.
Analysis Of Corporate Criminal Responsibility After The Enactment Of Law No. 1 Of 2023 On The Penal Code
This research aims to understand the concept of corporate criminal liability following the issuance of Law No. 1 of 2023 on the Criminal Code. Corporate criminal liability has become increasingly important due to the tendency of companies to engage in actions that harm society, the environment, or even their own employees. The research method used in this study is normative legal research with a legislative approach. Data were collected from primary and secondary sources related to corporate criminal liability. The research findings indicate that although Indonesia has Law No. 1 of 2023 on the Criminal Code, which includes provisions on criminal liability for corporations, there are still challenges in enforcing the law. Some of the challenges faced include the weak corporate awareness of social and environmental responsibility, as well as limitations in the role of law enforcement agencies in investigating and prosecuting corporate criminal acts. In this regard, efforts need to be made to enhance corporate awareness of social and environmental responsibility, as well as to improve the capacity of law enforcement agencies in handling corporate criminal acts. This research is expected to contribute to the development of corporate criminal law theory in Indonesia.
Conflicting Authority over Asset Seizure in Tax, Corruption, Bankruptcy
This study aims to analyze the conflict of asset seizure authority involving the Directorate General of Taxes, the Attorney General's Office, and the Bankruptcy Trustee in the bankruptcy proceedings of PT Mount Dreams Indonesia. The main focus of this research is on asset seizures conducted by the Directorate General of Taxes as part of criminal tax investigations pursuant to Article 44 paragraph (2) letter j of the Law on General Provisions and Tax Procedures (UU KUP). The existence of overlapping lex specialis regulations in the fields of taxation, corruption, and bankruptcy law has led to conflicts of authority between law enforcement agencies in executing asset seizures. This study employs normative juridical methods using statutory, doctrinal, and Gustav Radbruch’s substantive justice theory approaches. The findings indicate that the absence of inter-agency coordination norms and the lack of harmonization among sectoral lex specialis regulations are the main causes of authority conflicts over asset seizures in bankruptcy proceedings. Furthermore, the expansion of asset recovery instruments operated independently by each agency, without integration into the bankruptcy estate, exacerbates conflicts over asset control. This research recommends the establishment of inter-agency coordination norms for asset seizure authority, strengthening renvoi as a unified verification forum, integrating asset recovery results into the bankruptcy estate, and enhancing the principle of substantive justice in the regulation of bankruptcy settlement.
Legal Review of the Right to Religious Holiday Allowance (THR) for Online Motorcycle Taxi Partners
Online motorcycle taxi drivers are categorized as partners in a partnership relationship with the application company, meaning they do not receive employment rights as regular workers do, including the Religious Holiday Allowance (THR). However, in practice, they work under a system that closely resembles an employment relationship, such as the presence of binding rules, sanctions, and specific targets. This disparity creates legal issues and highlights the need for a study on the protection of their rights. Therefore, this research is conducted to provide online motorcycle taxi drivers with an understanding of their rights and the legal actions they can take. The research method used in this study is normative juridical, which analyzes law as a norm or rule that applies in society. This study aims to examine the legal status of online motorcycle taxi partners in the context of labor law in Indonesia and encourage regulatory reform to make it fairer and more adaptable to the dynamics of work in the digital era