International Journal of Educational Review, Law And Social Sciences (IJERLAS)
CHINA'S BELT AND ROAD INITIATIVE HEGEMONY STRATEGY IN BUILDING ALLIANCES IN INDO-PACIFIC
This study analyzes how China's Belt and Road Initiative (BRI) is being used as a strategy to strengthen its hegemony in the Indo-Pacific region and challenge US dominance. Using descriptive qualitative methods that integrate literature analysis and case studies, the study explores the economic, political, and security impacts of the BRI in countries such as Indonesia, Pakistan, Sri Lanka, and the Philippines. The findings suggest that the BRI not only enhances connectivity and economic growth through massive investments in infrastructure, but also Building strong political alliances that shift geopolitical power dynamics in the region. For example, the Jakarta-Bandung high-speed rail project in Indonesia and the Hambantota port in Sri Lanka illustrate how BRI investments can improve local infrastructure. However, increasing economic dependence on China raises concerns about debt sustainability and the potential loss of sovereignty. national interests, such as in Sri Lanka, where a port had to be leased to China due to debt repayment. Furthermore, the BRI has strengthened military and strategic cooperation between China and partner countries, as seen in the China-Pakistan Economic Corridor (CPEC), which also supports Pakistan's military modernization. The proposed strategic recommendations include enhancing transparency and governance in BRI projects to mitigate concerns about corruption and mismanagement, addressing debt sustainability through mechanisms such as debt restructuring and grants, and balancing economic interests with environmental and social sustainability through rigorous impact assessments. With the right approach, the BRI has the potential to continue playing a significant role in global development and creating new opportunities for partner countries, while supporting regional stability and prosperity.
Copyright (c) 2025 Martua Sitompul, Afrizal Hendra, Letjen Purn Dr. Wayan Midhio https://creativecommons.org/licenses/by/4.0
THE ROLE OF TRAINING AND CERTIFICATION IN IMPROVING THE COMPETENCE OF ISLAMIC RELIGIOUS TEACHERS
This research aims to analyze the role of training and certification in improving the competence of Islamic teachers, both from pedagogic, professional, and work attitude aspects. The research uses a qualitative approach with a descriptive method. Data was collected through in-depth interviews, observations, and documentation of Islamic teachers who have participated in training and certification under the guidance of the Ministry of Religion. The results of the study show that training plays an important role in improving teachers' ability to design learning, master teaching materials, and utilize digital technology in the teaching and learning process. Meanwhile, certification provides professional recognition that encourages a teacher's motivation, responsibility, and commitment to their profession. The two programs complement each other in forming Islamic teachers who are competent and adaptive to educational changes. However, several obstacles were found such as time limitations, inequality of access to training, and lack of post-training assistance. Therefore, a training and certification policy that is sustainable, needs-based, and oriented towards improving the quality of learning is needed.
Copyright (c) 2025 Nurhaizan Sembiring https://creativecommons.org/licenses/by/4.0
LEGAL SOCIOLOGY STUDY OF PREVENTION EFFORTS AND OVERCOMING DOMESTIC VIOLENCE (DOM) AGAINST WOMEN
Indonesia is a country based on law, as enshrined in the 1945 Constitution. The concept of a state based on law states that the necessities of life within the state must be based on applicable legal rules in policy decision-making. According to Jimly Asshiddiqie, one of Indonesia's characteristics as a country based on law is the regulation of human rights. This regulation aims to protect humans from degrading their dignity. One form of degrading dignity is domestic violence (KDRT). Domestic violence, including physical, psychological, sexual, and economic violence, is a criminal act that occurs within a household where the perpetrator and victim are from the same household. The government has regulated sanctions for criminal acts of domestic violence in Law Number 23 of 2004 concerning the Elimination of Domestic Violence. This regulation demonstrates the government's attention to human rights, gender, non-discrimination, and protection. Victims of domestic violence. Although there is a law regulating domestic violence, cases of domestic violence continue to increase. The results of this study indicate that domestic violence occurs due to internal and external factors. In an effort to address the problem of domestic violence, the author provides two solutions using legal media and coordination between the community, social institutions, and law enforcement..
Copyright (c) 2025 Anton Liberto, Catharina Dewi Wulansari https://creativecommons.org/licenses/by/4.0
THE INFLUENCE OF WORK ENVIRONMENT AND WORK MOTIVATION ON EMPLOYEE PERFORMANCE IN THE ENVIRONMENT AND FORESTRY SERVICE OF NORTH SUMATRA PROVINCE
The purpose of this study is to explain whether there is a positive influence between the work environment and work motivation on employee performance at the Environmental and Forestry Service of North Sumatra Province, Medan. In addition, this study is also intended to determine the condition of the Work Environment and Work Motivation on employee performance at the Environmental and Forestry Service of North Sumatra Province, Medan. Research on the work environment and work motivation on employee performance at the Environmental and Forestry Service of North Sumatra Province, Medan with the type of research used in this study is descriptive and verification using the Explanatory Survey research method. The author uses quantitative research techniques, because the research conducted is related to statistical tools to process the results of the questionnaire so that it can be known whether or not there is an influence between the work environment and work motivation on employee performance at the Environmental and Forestry Service of North Sumatra Province, Medan. The data analysis method used in this study is The data analysis technique used is multiple regression. The results of the study 1) Work environment on employee performance at the Environmental and Forestry Service of North Sumatra Province, Medan. From the calculation results obtained 0.482 or 48.2% Work environment on performance. 2) Work motivation on employee performance with a result of 0.596 or 59.6%. 3) The magnitude of the influence of the work environment and work motivation together on the performance of employees of the Environment and Forestry Department of North Sumatra Province Medan is 0.865 or 86.5% while the remaining 13.5% is influenced by other variables not tested in this study.
Copyright (c) 2025 Nilfaujia, Bahktiar, Ismail Nst https://creativecommons.org/licenses/by/4.0
THE PROBLEM OF MAXIMUM IMPRISONMENT TERMS FOR JUVENILES UNDER THE JUVENILE CRIMINAL JUSTICE SYSTEM ACT: A CASE ANALYSIS OF CONCURRENCE OF OFFENSES
The maximum imprisonment term of ten years for juveniles under Law Number 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA) presents a serious dilemma when applied to cases with aggravating circumstances, such as recidivism or concurrence of offenses. Judicial practice has shown deviations from this provision, one of which is reflected in the Penajam District Court Decision Number X/Pid.Sus-Anak/2024/PN Pnj, which sentenced a juvenile offender to twenty years of imprisonment for premeditated murder and aggravated theft, where trial findings also revealed postmortem sexual assault on the victim’s body. This decision sparked normative debates on whether the judge had exceeded the statutory maximum penalty for juveniles as stipulated by law, or instead fulfilled the demand for substantive justice. The complexity of this issue becomes more pronounced in the context of globalization, where today’s juveniles experience accelerated cognitive and emotional maturity due to extensive exposure to technology and global interaction—conditions that differ significantly from those in 1989, when the Convention on the Rights of the Child set the maximum age limit for juveniles at eighteen years. Employing a normative-juridical method through statutory and case study approaches, this research analyzes the normative conflict between the UU SPPA and judicial practice, and identifies a legal vacuum that requires legislative reconstruction, particularly in formulating clearer sentencing guidelines for juveniles in cases involving aggravating circumstances.
Copyright (c) 2025 Bodro Aji Negoro, Setiawan Noerdajasakti, Abdul Madjid https://creativecommons.org/licenses/by/4.0
STRATEGIC COMMUNICATION FOR CULTURAL IMAGE BUILDING THROUGH INSTAGRAM: A CASE STUDY OF @SANGGAR_SENISETIYANEGARA AND THE CIREBON MASK DANCE
The Cirebon Mask Dance (Tari Topeng Cirebon) is a traditional Indonesian art form with deep historical and philosophical values. This study examines how Instagram is utilized as a communication tool to build a positive public image of the dance, focusing on the account @sanggar_senisetiyanegara. The research adopts a qualitative descriptive approach, collecting data through interviews, documentation, and literature review. Data were validated using source triangulation and analyzed through data reduction, display, and conclusion drawing. Guided by the strategic communication framework developed by Halland, Holtzhausen, Van Ruler, Vercic, and Sriramesh (2007), this study identifies three key dimensions of communication strategy: message planning, media selection, and delivery technique. The findings show that Instagram features such as Reels, Stories, and Carousel Posts are effective in fostering engagement and cultural appreciation. However, challenges persist in the form of inconsistent content production, low digital literacy among art practitioners, and limited audience reach. To address these issues, the study highlights the use of educational storytelling, audience interaction, and collaboration with cultural communities as crucial strategic responses. Overall, this research underscores the importance of culturally sensitive and visually compelling communication in promoting traditional arts in the digital era.
Copyright (c) 2025 Umi Umayah, Melani Rosmayanti Fazrin, Farida Nurfalah https://creativecommons.org/licenses/by/4.0
RESILIENCE OF CUSTOMARY LAW IN FACING THE ECOLOGICAL CRISIS IN PAYA NIE
This study employs a qualitative socio-legal approach to examine the role of customary law in addressing climate change and ecological challenges in the Paya Nie wetland ecosystem. Customary law is understood not only as written norms but also as living practices embedded in community life. Thus, the ecological crisis in Paya Nie marked by recurrent drought, flooding, and ecosystem degradation cannot be analyzed solely through normative legal perspectives but requires a broader socio-ecological framework. Research data were obtained from two main sources. Secondary data came from academic journals, legal documents, government reports, and research publications, providing the conceptual foundation to situate customary law within environmental governance. Primary data were collected through participatory observation and in-depth interviews with customary leaders, local stakeholders, and surrounding communities to capture social dynamics, communal solidarity, and unwritten customary mechanisms that remain influential in daily practice. Data were analyzed using a descriptive-analytical method. The analysis first mapped ecological problems in Paya Nie, then linked them to customary and formal legal instruments, including qonun gampong. Finally, the findings were interpreted through the lens of socio-ecological resilience theory to reveal how communities adapt, transform, and innovate in response to climate change. The study shows that customary law in Paya Nie functions not only as a set of traditional rules but also as an adaptive mechanism that strengthens community resilience. It plays a critical role in regulating land use, fostering solidarity, and sustaining ecological balance. These findings contribute to the broader discourse on how living customary law can serve as a local strategy for ecological resilience in the face of global environmental change.
Copyright (c) 2025 Fitri Maghfirah, Marlia Sastro, Sela Azkia, Muhammad Yusra , Nanda Setia Saputra https://creativecommons.org/licenses/by/4.0
ABILITYCORRECTIONAL INSTITUTIONS IN PREVENTING RECIDIVISM (STUDY AT CLASS IIA LANGKAT NARCOTICS PRISON)
The strong correlation between crime and social interaction is implicitly reflected in the Criminal Code (KUH Pidana), which states that crime is essentially rooted in social interaction. And when that interaction causes harm to another party, a crime occurs. This is the premise that describes how the correlation between crime and social interaction is established. When a harmful act is regulated by criminal law, it is no longer categorized as merely a crime but becomes a criminal offense. This definition defines the act as behavior that, at a given time and within a given cultural context, is considered intolerable and must be corrected through the use of legal means. The author's background in formulating the problem in this research is:How is the capability of Correctional Institutions in Preventing Recidivism in Class IIA Langkat Narcotics Prison in an effort to prevent the phenomenon of repeated criminal acts? This research is a normative-empirical research with a live-case study category based on empirical observations of the implementation of provisions of correctional laws and regulations in Class II A Langkat Narcotics Prison to evaluate the effectiveness of the guidance of inmates in it related to efforts to prevent repeated criminal acts (recidive). He acknowledged that repeat offenders in the Class IIA Langkat Narcotics Prison experience annual recidivism. Therefore, he believes recidivism in his area is a common occurrence, as crime, which is a part of society, also accompanies crime. Where there is society, there is law; where there is law, there is crime; and where there is crime, there is recidivism. Therefore, the goal of rehabilitation is not to eliminate recidivism but to minimize it. To prevent character-based recidivism, the Class II A Langkat Narcotics Prison collaborates with Islamic, Christian, Hindu, and Buddhist religious leaders to provide regular spiritual guidance. This ensures that mental and spiritual development activities can benefit inmates.
Copyright (c) 2025 Nur Muhammad Fadli Nasution , Hasdiana Juwita Bintang , Rahul Ardian Fikri https://creativecommons.org/licenses/by/4.0
JUDICIAL LIMITS OF INTERVENTION IN ADMINISTRATIVE COURT
This journal aims to analyze the intervention process in dispute resolution in the Administrative Court. This study identifies two main problems: first, the mechanism for third-party entry into the dispute resolution process in the Administrative Court, and second, the legal consequences of third-party intervention in the case under study. The results of the study show that based on Article 83 of Law Number 5 of 1986 concerning Administrative Courts, third parties can enter the trial process during the examination, either on their own initiative, at the request of one of the parties, or at the initiative of the judge. The legal consequence of the entry of this third party is that they obtain the status of the Second Defendant of Intervention, which gives them the right to defend their interests in the trial process. This study emphasizes the importance of the presence of third parties in maintaining justice and legal certainty in state administrative disputes. The conclusion of this paper is that although intervention provides an opportunity for interested parties to participate in the legal process, there is a need for renewal and codification of the code of procedure in the Administrative Court to be more responsive to the dynamics of existing dispute resolution.
Copyright (c) 2025 Prasetyo Nugroho, Shinta Hadiyantina, Sudarsono https://creativecommons.org/licenses/by/4.0
THE URGENCY OF FORCED MONEY REGULATION IN THE STATE ADMINISTRATIVE COURT: NORMATIVE ANALYSIS OF IMPLEMENTATION MECHANISMS
The regulation of forced money (dwangsom) within the State Administrative Court is an important instrument to ensure compliance of state administrative officials with court decisions that have permanent legal force. However, until now the regulations governing the mechanism for the implementation of forced money in the PTUN are still unclear, so it often causes obstacles in the practice of execution. This study aims to analyze the urgency of the regulation of forced money in the State Administrative Court by focusing on the implementation mechanism so that it can be implemented effectively. The research method used is a prescriptive method with a normative approach, namely examining applicable laws and regulations, legal doctrines, and relevant court decisions. The results of the study show that the absence of strict regulations regarding the implementation of forced money creates legal uncertainty and has the potential to weaken the function of the PTUN as judicial control over government administrative actions. Therefore, a more comprehensive regulation is needed regarding the mechanisms, procedures, and parameters of the implementation of forced money in order to provide legal certainty, ensure the effectiveness of the execution of decisions, and strengthen the principle of the rule of law in the administration of government.
Copyright (c) 2025 Ferio Wabarca Hutabarat, Shinta Hadiyantina, Sudarsono https://creativecommons.org/licenses/by/4.0
JUSTICE OR EQUALITY? EXAMINING ARTICLE 97 OF THE KHI IN THE CONTEXT OF POST-DIVORCE PROPERTY DIVISION
This study aims to critically analyze the provisions of Article 97 of the Compilation of Islamic Law (KHI) in the context of the division of joint assets after divorce, emphasizing the need for legal reform that prioritizes the principle of substantive justice. The main issues examined include the extent to which these provisions reflect the principle of substantive justice and how Article 97 of the KHI is implemented in religious court practice. The research method used is normative juridical with a statutory, conceptual, and case-based approach. The results show that Article 97 of the KHI is still oriented towards rigid arithmetic equality and does not consider the actual contributions, both material and immaterial, of each party. In judicial practice, a number of judges have implemented progressive interpretations of this norm, which opens up space for the reformulation of Islamic family law in Indonesia. Therefore, this study recommends normative reform of Article 97 of the KHI to include provisions that explicitly accommodate proportional division of assets, as well as implementing steps in the form of training on a substantive justice perspective for judges.
Copyright (c) 2025 Maya Anggraeni Rahmah Permana, Abdul Rachmad Budiono, Hanif Nur Widhiyanti https://creativecommons.org/licenses/by/4.0
JURIDICAL STUDY ON THE CONCEPT OF JUDICIAL PARDON AND VICTIM PROTECTION IN JUVENILE CASES: ANALYSIS OF DECISION NUMBER 2/PID.SUS-ANAK/2021/PN RGT
Copyright (c) 2025 Rani Adriana, Nurini Aprilianda, Sriti Hesti Astiti https://creativecommons.org/licenses/by/4.0
SOCIOLOGY OF LAW AS A MEANS OF SOCIAL ENGINEERING IN RELATION TO CYBER CRIME
The existence of law can be a tool for organizing, influencing, and renewing community life. Community thought patterns and behavior can be guided in a righteous and constructive direction if the law can be empowered as a strategic force to influence them.Law has become a crucial instrument for controlling and countering social engineering, particularly in the digital 4.0 era, where cybercrime is on the rise. This paper aims to examine the role of law as a tool for social change in everyday life. This paper utilizes a literature review (library research) method.
Copyright (c) 2025 Andreas Kevin Simanjorang, Catharina Dewi Wulansari https://creativecommons.org/licenses/by/4.0
ENSURING THE BEST INTERESTS OF THE CHILD: JUDICIAL CONSIDERATIONS ON POST-DIVORCE CHILD SUPPORT IN LHOKSEUMAWE
This study examines the existence and effectiveness of the Sharia Court of Lhokseumawe’s rulings on post-divorce child support obligations through a normative-empirical legal research approach. Normatively, the analysis draws on Law No. 1 of 1974 on Marriage, the Compilation of Islamic Law (KHI), and Law No. 35 of 2014 on Child Protection, while empirically it relies on case studies of court decisions and interviews with judges. The findings reveal that the court consistently upholds the father’s responsibility to provide child support after divorce, reflecting alignment with statutory provisions, Islamic principles, and the doctrine of the best interests of the child. However, variations in the determination of support amounts and weak enforcement mechanisms demonstrate a gap between “law in the books” and “law in action.” Sociological analysis further shows that ineffective enforcement disproportionately burdens women and children, exacerbating economic vulnerability and the feminization of poverty. The study concludes that while the normative foundation of child support rulings is strong, their practical effectiveness requires improvements in drafting quality, standardized guidelines, and enforcement mechanisms, alongside greater collaboration between the judiciary, government, and society to ensure substantive justice and child welfare.
Copyright (c) 2025 Muammar , Faisal, Marlia Sastro , Mukhlis https://creativecommons.org/licenses/by/4.0
OPTIMIZING THE FINANCIAL DECISIONS OF FEMALE WORKERS IN LABOR-INTENSIVE INDUSTRIES: AN INTERVENTION BASED ON FRAMING EFFECTS AND MENTAL ACCOUNTING IN PENSION FUND PROGRAMS
Female workers in the manufacturing sector in Batam City often face challenges in financial planning, particularly regarding pension funds. Lack of knowledge and information about the importance of pension funds, coupled with limited awareness campaigns, result in many workers not participating in pension programs. Additionally, a work culture focused on short-term targets often leads female workers in this sector to view long-term financial planning, such as retirement, as less important. This study aims to investigate and analyze the partial and simultaneous effects of framing effect, mental accounting, and financial decisions on the effectiveness of pension funds among female workers in manufacturing companies in Batam City. This study employs causal associative research, and the research method used is quantitative. The population in this study consists of all female workers in manufacturing companies in Batam City, whose exact number is unknown. Four manufacturing companies were randomly selected, and 50 respondents were selected from each company. The sampling method used non-probability sampling with purposive sampling techniques, with several criteria including women aged 40-50 years with a minimum of 1 year of work experience and companies employing more than 250 workers. The sample size for this study was 200 respondents. The data were analyzed using SPSS version 25. The results of the study indicate that the framing effect partially influences the effectiveness of pension funds, mental accounting partially influences the effectiveness of pension funds, financial decisions partially influence the effectiveness of pension funds, and the framing effect, mental accounting, and financial decisions simultaneously influence the effectiveness of pension funds. The adjusted R-squared value of 0.728 can be referred to as the coefficient of determination, This means that 0.741 (74.1%) of the effectiveness of pension funds can be obtained and explained by the framing effect, mental accounting, and financial decisions, while the remaining 25.3% (100% - 74.1% = 25.3%) is explained by variables outside the model that were not studied.
Copyright (c) 2025 Mercy Reyne Marlina , Elly Rumengan, Basri, Faris Ramadhan, Etty Sri Wahyuni https://creativecommons.org/licenses/by/4.0
ELEGANT EXTORTION "The Ambiguity of Restaurant Service Charges Through the Perspective of Consumer Protection Law"
This research examines the ambiguity surrounding the imposition of service charges in restaurants, particularly from the perspective of consumer protection law in Indonesia. It argues that the current practice, where service charges are often mandatory and lack transparency, can be viewed as a form of "elegant extortion." The study analyzes the legal framework, including the Consumer Protection Law and relevant regulations, to assess the rights of consumers and the obligations of restaurant owners. It explores the concepts of justice, balance, and fairness in consumer-business relationships, drawing on philosophical perspectives to propose a legal construction that ensures transparency, freedom of choice, and equitable practices regarding service charges in restaurants outside of hotels. The paper concludes by offering recommendations for both government regulation and restaurant management practices to better protect consumer rights and promote fair business practices.
Copyright (c) 2025 Dimas Aryo Yuwono, Karya Bima Satria Y https://creativecommons.org/licenses/by/4.0
LEGAL IMPLICATIONS OF REGULATIONS CONCERNING LEGAL LIABILITY OF DIRECTORS OF STATE-OWNED ENTERPRISES FOLLOWING THE THIRD AMENDMENT TO LAW NUMBER 19 OF 2003 CONCERNING STATE-OWNED ENTERPRISES
The third amendment to Law Number 19 of 2003 concerning State-Owned Enterprises (SOEs) is a response to the need to strengthen state corporate governance and increase the effectiveness of SOEs' role in the national economy. However, this regulatory change also has legal implications for the construction of the legal accountability of SOE directors, particularly in their position as state corporate organs that carry out fiduciary duties but still face the regime of state financial law and criminal law. This study aims to analyse how these regulatory changes affect the limits of directors' responsibility in making business decisions, as well as assess the relevance of applying the business judgment rule principle as an instrument of legal protection for directors. The research method used is normative juridical with a statutory approach, a conceptual approach, and a case approach. The results show that although the legal changes provide reinforcement to the principles of professionalism and independence of directors, there is still a disharmony of norms between the corporate legal regime and the state administrative law regime and criminal law, particularly regarding the interpretation of the element of "state loss" in corruption crimes. This condition has the potential to create legal uncertainty and over-criminalization of directors' business decisions made in good faith. Therefore, a reconstruction of the legal framework governing SOE directors’ accountability is required through legislative harmonization and law enforcement guidelines that consistently position SOEs as private legal entities in their business activities.
Copyright (c) 2025 Shafira Sheffy R. R, Reka Dewantara, Amelia Sri Kusuma Dewi https://creativecommons.org/licenses/by/4.0
LEGAL CERTAINTY OF MARRIAGE BETWEEN CHRISTIANS AND CATHOLICS IN THE DECISION OF THE NORTH JAKARTA DISTRICT COURT NUMBER 423/PDT.P/2023/PN JKT.UTR
Interfaith marriages can be registered by the state as long as there is a court decree declaring the validity of the marriage and registerable, as regulated in the act of marriage and act of population administration. This also applies to interchurch marriages between Catholics and Christians in Indonesia. Regarding this matter, The North Jakarta District Court issued Decree Number 423/Pdt.P/2023/PN Jkt.Utr, which granted the petitioners' request for registration of their interchurch marriages. However, in its legal reasoning, the Judge stated that the petitioners' interchurch marriage was not considered an interfaith marriage. Furthermore, the Judge did not obtain evidence of the Christian Church's approval of their interchurch marriage. Through this study of this decree, the author conducted legal research using a statutory, a conceptual, and a systematic approach, thus concluding that the decree order does not fulfill the principle of legal certainty.
Copyright (c) 2025 Samuel Fajar Hotmangara Tua Siahaan, Rachmi Sulistyarini, Djumikasih https://creativecommons.org/licenses/by/4.0
FORMULATION OF CRIMINAL LAW POLICY REGARDING NIHIL VERDICTS IN INDONESIAN CRIMINAL COURTS
The verdict of acquittal in the application of law enforcement still has problems, namely the existence of a conflict of norms or a regulatory gap, whereby Article 193 of the Criminal Procedure Code "orders" judges to impose a sentence if the defendant is proven guilty. However, Article 67 of the Criminal Code, which refers to the types of basic penalties in Article 10 of the Criminal Code, "prohibits" the imposition of penalties if the defendant has already been sentenced to death or life imprisonment. This conflict of norms or regulatory gap creates a dilemma for judges in enforcing the law. This research is a normative type of research , using a statute approach, a conceptual approach, and a case approach, as well as primary, secondary, and tertiary law, and a prescriptive analysis method. This study discusses two main issues, namely the Regulation of Nil Verdicts in Indonesian Criminal Procedure Law and the Ideal Regulation Related to the Concept of Nil Verdicts in Indonesian Criminal Procedure Law in the Future.
Copyright (c) 2025 Hensi Septia Utami, Nurini Aprilianda, Faizin Sulistio https://creativecommons.org/licenses/by/4.0
THE TRANSFORMATION OF WOMEN'S ROLES IN PARLIAMENT: BETWEEN EMANCIPATION AND UPHOLDING HUMAN RIGHTS (CASE STUDY IN BANYUWANGI REGENCY)
This study explores the transformation of women's roles in Indonesia's parliamentary institutions, focusing on the intersection between women's emancipation and human rights enforcement at the local level, with Banyuwangi Regency as a case study. The research analyzes how gender equality principles—enshrined in international conventions such as CEDAW and Indonesia's national legislation—are reflected in the political representation and policy contributions of female members of the Banyuwangi Regional People's Representative Council (DPRD). Employing a qualitative descriptive approach, data were collected through document analysis, interviews with female legislators and human rights activists, and secondary data from the General Election Commission (KPU) and the National Commission on Violence Against Women (Komnas Perempuan). The findings indicate that while women's representation in Banyuwangi DPRD has increased following the national 30% gender quota policy, substantive advocacy for women's rights and gender equality remains constrained by patriarchal norms, limited political resources, and institutional barriers. The study concludes that gender transformation in local parliaments like Banyuwangi is ongoing, reflecting both progress and persistent inequality in realizing women's political emancipation and human rights protection.
Copyright (c) 2025 Eka Lestari, Nikmatul Keumala Nofa Yuwono, Etis Cahyaning Putri https://creativecommons.org/licenses/by/4.0
THE IMPACT OF SOCIAL MEDIA USE ON LEARNING MOTIVATION AND STUDENT ACHIEVEMENT OF GRADE XII D OF AL AZHAR COLLEGE MEDAN
Social media has become an important part of adolescents' lives and influences various aspects, including learning motivation and academic achievement. This study aims to analyze the impact of social media use on the learning motivation and academic achievement of class XII D students at Al Azhar Medan's flagship high school. The research method used a quantitative approach with a survey design, involving 28 students as a sample. The research instruments were a social media usage questionnaire, a learning motivation scale, and student academic grade data. The results showed a significant negative relationship between the intensity of social media use and learning motivation, while its effect on academic achievement tended to be moderate. This confirms that excessive social media use has the potential to reduce learning concentration and academic results, although on the other hand, social media can also be used positively as a learning resource. These findings provide important implications for educators, parents, and school policymakers to direct social media use in a more productive direction.
Copyright (c) 2025 Keyfun Akbar Kaban, Khairin Hafiz, Khalisah Aprillia Damanik, Rangga Ananda Siregar, Eko Wishnu Wahyudi https://creativecommons.org/licenses/by/4.0
THE INFLUENCE OF JOB TRAINING AND DEVELOPMENT HUMAN RESOURCES (HR) ON PERFORMANCE EMPLOYEES IN THE DISASTER MANAGEMENT AGENCY NORTH LABUHAN BATU REGENCY AREA
This study aims to determine whether job training and human resource development (HRD) have an impact on employee performance at the Regional Disaster Management Agency (BPBD) of North Labuhan Batu Regency. This study uses primary data by distributing questionnaires to all employees. The sampling technique uses the SPSS program. The population used is 66 respondents where the entire population is sampled. The techniques used in this study use data quality tests, classical assumption tests, multiple linear analysis tests and hypothesis tests. The results obtained are job training has a positive and significant effect on employee performance at the Regional Disaster Management Agency (BPBD) of North Labuhan Batu Regency and Human resource development (HRD) has a positive and significant effect on employee performance at the Regional Disaster Management Agency (BPBD) of North Labuhan Batu Regency, as well as job training and human resource development (HRD) simultaneously have a positive and significant effect on employee performance at the Regional Disaster Management Agency (BPBD) of North Labuhan Batu Regency.
Copyright (c) 2025 Sapta Surya Lesmana, Sri Gustina Pane, Nur Augus Fahmi https://creativecommons.org/licenses/by/4.0
Training-Induced Adaptations: A Comparative Study of Aerobic Capacity, Muscular Endurance, and Cricket-Specific Performance in Adolescent Athletes
This study investigates training-induced adaptations in aerobic capacity, muscular endurance, and cricket-specific performance among adolescent athletes aged 13–18 years. A randomized controlled trial was conducted with 60 male and female cricketers assigned to three groups: aerobic training (AT), resistance training (RT), or combined training (CT) for 12 weeks. Aerobic capacity was assessed via VO2max testing, muscular endurance through push-up and plank tests, and cricket-specific performance via batting accuracy, bowling speed, and fielding agility drills. Results indicated significant improvements in VO2max (p < 0.01) for the AT group compared to RT, with CT showing moderate gains. Muscular endurance improved significantly in the RT and CT groups (p < 0.05), particularly in upper-body strength. Cricket-specific performance, notably bowling speed and fielding agility, showed the greatest improvement in the CT group (p < 0.01), suggesting synergistic effects of combined training. No significant differences were observed in batting accuracy across groups. These findings highlight the efficacy of tailored training protocols in enhancing physiological and sport-specific outcomes in adolescent cricketers. The results have implications for designing age-appropriate training programs to optimize performance and support talent development in cricket. Further research should explore long-term adaptations and include diverse populations.
Copyright (c) 2025 Tanveer Ali, Vikas Saxena https://creativecommons.org/licenses/by/4.0
THE ROLE OF LAW ENFORCEMENT IN GOOD AND JUST LAW ENFORCEMENT AS SEEN FROM THE ASPECTS OF LEGAL SOCIOLOGY
Law is a set of rules containing norms and sanctions designed to regulate human behavior, create public order, and ensure justice. In this context, law can be used as a social engineering tool to regulate societal behavior. Law enforcement plays a crucial role in enforcing the law.Law enforcement is the most important factor in law enforcement efforts, as they are authorized by statutory regulations to undertake law enforcement efforts or a series of activities. This study addresses the impact of poor integrity among law enforcement officers and how to improve their integrity. The purpose of this study is to examine the impact of law enforcement officers lacking integrity in law enforcement and to provide solutions related to efforts that can be made to improve the integrity of law enforcement officers.
Copyright (c) 2025 Simon Adhirasi, Catharina Dewi Wulansari https://creativecommons.org/licenses/by/4.0
POLICY ON THE LEGAL REGULATION OF CRIMINAL ACTS INVOLVING THE MISUSE OF ARTIFICIAL INTELLIGENCE DEEPFAKES
The development of artificial intelligence (AI) technology has brought significant advances in various areas of human life, but on the other hand, it has also created new challenges in the legal field, especially through the emergence of deepfake technology. Deepfake technology utilizes AI to manipulate images, videos, and voices of individuals to appear realistic, which in practice is often misused for purposes such as fraud, pornography, spreading hoaxes, and damaging reputations. Indonesia currently has no specific regulations governing the misuse of deepfake technology, so law enforcement still relies on general provisions such as the Criminal Code, the Electronic Information and Transaction Law, the Personal Data Protection Law, and the Sexual Violence Criminal Law. This legal vacuum or incompleteness causes legal uncertainty and potential violations of the principle of legality. Through a criminal law policy approach, adaptive legal reforms are needed to keep pace with developments in digital technology. Efforts that can be made include revising the Electronic Information and Transaction Law as lex specialis that regulates provisions on deepfakes or formulating specific regulations on artificial intelligence (AI) that comprehensively regulate ethical aspects, responsibility, and criminal liability. This policy is expected to provide certainty, justice, and protection of individual rights in facing the legal challenges of the digital era in Indonesia.
Copyright (c) 2025 Amalia Andayani Nugraha, Faizin Sulistio, Patricia Audrey Ruslijanto https://creativecommons.org/licenses/by/4.0
BASIS FOR JUDGES TO ADJUDICE IMMANTARIL COMPENSATION THAT CAN BE GIVEN TO VICTIMS IN RESTITUTION FOR CRIMINAL ACTS OF SEXUAL VIOLENCE BY CHILD PERPETRATORS
Immaterial restitution for victims of Sexual Violence (TPKS) is an increasingly pressing issue in the criminal justice system. Although there are legal provisions governing victims' rights to receive compensation for non-material losses, court practice shows that the application of immaterial restitution in judges' decisions is still very limited. This causes immaterial restitution, an important aspect for victims accommodated in the justice system, but is often overlooked. This study aims to explore the basis used by judges in adjudicating immaterial restitution, as well as the guidelines that serve as a reference in the decision-making process. Understanding the basis for judges adjudicating immaterial restitution and the legal guidelines in making decisions is intended to ensure that judges' positions and powers to grant victims' rights can be freely used to adjudicate immaterial restitution in accordance with law and justice. Using a normative juridical approach, this study analyzes court decisions related to immaterial restitution, in order to identify the legal principles underlying judges' decisions. Through a review of various court decisions, this study found that there is a lack of clarity in the legal guidelines governing immaterial restitution, resulting in variations in their application by judges. Furthermore, this study also revealed that judges' understanding of the psychological and social impacts experienced by victims significantly influences their decisions. The lack of adequate training and resources for judges in this regard is a hindering factor. The results of this study are expected to contribute to the development of clearer and more comprehensive guidelines regarding immaterial restitution, as well as to encourage judges' increased understanding of the importance of this aspect in the judicial process. Thus, it is hoped that victims' rights can be recognized and protected more effectively, so that justice can be achieved not only through law enforcement against perpetrators, but also through appropriate reparations for victims.
Copyright (c) 2025 Yola Eska Afrina S, Nurini Aprilianda, Lucky Endrawati https://creativecommons.org/licenses/by/4.0
LEGAL PROTECTION FOR EMPLOYMENT AND PREVENTIVE MEASURES AS A MEANS OF SOLVING THE PROBLEM OF LOW QUALITY HUMAN RESOURCES
Every Indonesian citizen naturally desires social welfare. Every need, such as food, clothing, education, health, employment, a comfortable environment, and other basic needs, can be met. Therefore, social welfare also depends on the type and level of knowledge possessed and developed by the community itself. If human resource development efforts in a country are carried out optimally, the level of happiness and prosperity in a country will increase. As is the case with Indonesia, which is constantly developing its human resources in accordance with current developments. Furthermore, workers require legal certainty in carrying out their work. In this regard, the law is essential in regulating human resource management. The government's role must continue to be enhanced in terms of legal protection for all workers. This should include creating clear and fair legal products, socializing these legal products, and taking firm action against violators of established laws and regulations. The problem that has arisen is the large number of foreign workers entering Indonesia. The government's policy of implementing visa-free provisions for a number of countries will have an impact on the emergence of illegal immigrants in Indonesia. This is also feared to eliminate job opportunities for the Indonesian people, and the arrival of foreign workers could even create social, political, and security problems. Regulation of the Minister of Manpower of the Republic of Indonesia Number 14 of 2015 concerning the Ministry of Manpower's Strategic Plan for 2015-2019 explains that Indonesia's labor market still suffers from low-quality human resources. This has resulted in low competitiveness of Indonesian workers compared to foreign workers entering Indonesia. One solution implemented by the Government is collaboration with various domestic and foreign institutions, both government and private, and companies that accommodate or absorb human labor. This is expected to provide the best results in addressing the problem of weak human resources in Indonesia.
Copyright (c) 2025 John Dongan Tua Situmorang https://creativecommons.org/licenses/by/4.0
LEGAL IMPLICATIONS OF PRETRIAL DECISIONS OUTSIDE THE OBJECT OF PRETRIAL CONSIDERED IN THE LIGHT OF SUPREME COURT REGULATION NUMBER 4 OF 2016 CONCERNING THE PROHIBITION OF REVIEW OF PRETRIAL DECISIONS
Pretrial decisions have an important role in ensuring the protection of human rights and controlling coercive actions by law enforcement officers in the Indonesian criminal justice system. However, in judicial practice, dynamics have developed where pretrial judges decide cases outside the object of pretrial as limited by Article 77 of the Criminal Procedure Code, such as examining the validity of the determination of suspects, preliminary evidence, and even the main points of the case. This development has given rise to legal issues, especially after the issuance of Supreme Court Regulation (Perma) Number 4 of 2016 which expressly prohibits the legal remedy of Judicial Review (PK) against pretrial decisions. This study aims to analyze: (1) the legal basis for the birth of pretrial decisions that exceed the limits of the object of authority; (2) the legal implications of these decisions on the principles of legal certainty, justice, and due process of law; and (3) the relevance of Perma No. 4 of 2016 in providing solutions to the lack of legal remedies for controversial pretrial decisions. This study uses a normative legal method with a statutory, case, and conceptual approach. The data were analyzed qualitatively through systematic and comparative legal interpretation of pretrial practices following Constitutional Court Decision No. 21/PUU-XII/2014 and other progressive pretrial decisions. The research results show that the expansion of pretrial objects is a consequence of the constitutional interpretation of the protection of the suspect's rights, but at the same time creates legal uncertainty and disharmony between the norms of the Criminal Procedure Code and judicial practice. The prohibition of judicial review in Supreme Court Regulation No. 4 of 2016 limits access to justice by closing the room for correction of ultra vires pretrial decisions. Therefore, it is necessary to reconstruct the pretrial regulations in the future Criminal Procedure Code and open up space for limited legal remedies to prevent abuse of pretrial judges' authority.
Copyright (c) 2025 Rahmat Hidayat , Yuliati, Abdul Majid https://creativecommons.org/licenses/by/4.0
THE EFFECT OF PEDAGOGIC COMPETENCE AND MOTIVATION ON TEACHER PERFORMANCE AT SMK NUR AZIZI TANJUNG MORAWA
This study aims to analyze the influence of Pedagogical Competence and Motivation on Teacher Performance at SMK Nur Azizi Tanjung Morawa. Pedagogical Competence is the most important factor in improving the quality of learning so that work motivation can encourage teachers to carry out their duties well. The research method used in this study is a quantitative method with a multiple linear regression approach. Data collected through questionnaires distributed to teachers of SMK Nur Azizi, then analyzed using validity tests, reliability tests, classical assumptions and hypothesis tests. The results of the study indicate that Pedagogical Competence has a positive and significant effect on teacher performance, as well as work motivation which has a positive impact on improving teacher performance. Simultaneously, Pedagogical Competence and work motivation together provide a significant contribution to teacher performance. With the results of the study (1) Pedagogical Competence has a significant effect on teacher performance as seen from the significant value (0.264) <0.05 and t count (2.109) > compared to t table (1.6991). (2) Work motivation has a significant influence on teacher performance. This can be seen from the value (0.000) < 0.05 and t count (2.454) > (1.6991). Based on the results of the study, the variables of Pedagogical Competence and Motivation have a positive and significant influence on Teacher Performance at SMK Nur Azizi Tanjung Morawa. It is recommended to conduct periodic evaluations of teacher performance to provide feedback and encourage continuous improvement for the school. And based on the results of the study, the variable of Pedagogical Competence has a positive and significant influence on Teacher Performance at SMK Nur Azizi Tanjung Morawa. Teachers should improve training and development of pedagogical competence through workshops, seminars, and the development of modern technology and learning methods. And Based on the results of the study, the variable of Motivation has a positive and significant influence on Teacher Performance at SMK Nur Azizi Tanjung Morawa. It is recommended to provide incentives and awards to teachers who have high performance as a form of appreciation and motivation to continue to improve the professionalism of educators.
Copyright (c) 2025 Tyssa Thinandra Putri, Ilham Sonata, M. Tahir https://creativecommons.org/licenses/by/4.0
COPYRIGHT OF SCIENTIFIC WORKS BASED ON GENERATIVE AI: REGULATORY CHALLENGES OF ACADEMIC ETHICS
The use of Generative Artificial Intelligence (AI) in scientific writing creates new legal requirements, particularly regarding copyright protection, measures of originality, authorship, and academic integrity. Law No. 28 of 2014 concerning Copyright does not specifically regulate AI-based works, creating a normative gap when faced with the increasingly frequent use of AI-generated content in academic activities.This situation demands an update to the legal regulatory framework to address the dynamic development of AI technology in higher education. A hybrid regulatory approach, combining hard law and soft law, is the ideal framework for addressing these challenges. Hard law is needed as a basis for law enforcement and to ensure copyright protection for scientific works, while soft law plays a crucial role in shaping the behavior of academics through codes of ethics, institutional policies, and internal oversight and disciplinary mechanisms. The collaboration between these two instruments allows for a balance between legal certainty and academic ethical flexibility in regulating the use of AI. International legal practice demonstrates a global trend toward AI governance based on soft governance and self-regulation, without abandoning formal legal sanctions. While policies vary among the United States, the United Kingdom, and Japan, all countries agree in the principle that AI cannot replace humans as responsible creators (human authorship is mandatory). This concept provides an important foundation for Indonesia in formulating national policies that are not merely reactive, but anticipatory and in line with global regulatory developments. This research employs a normative legal research approach in the legal field, constructed on the basis of a study of legal principles, norms, dogmas, or rules, which are then analyzed comprehensively. However, the approach used in this research is normative-progressive, meaning it does not only examine legal dogma statically but also reinterprets existing positive legal norms critically and adaptively to the development of Generative AI technology, which has not yet been fully accommodated in the current Indonesian legal system.
Copyright (c) 2025 Gian Prima Natawijaya https://creativecommons.org/licenses/by/4.0
PREVENTING MONEY LAUNDERING THROUGH ILLICIT ENRICHMENT POLICY REGULATORY: AN INDONESIA-MALAYSIA COMPARISON
This research explores the urgency of regulating illicit enrichment within Indonesia’s Money Laundering Law and identifies the ideal evidentiary mechanism to support its enforcement through a comparative analysis with Malaysia. Despite Indonesia’s ratification of the United Nations Convention against Corruption (UNCAC), the absence of explicit provisions on illicit enrichment weakens the country’s capacity to address disproportionate wealth among public officials. Law enforcement remains dependent on proving predicate offenses, which limits asset recovery and the deterrent effect of anti-money laundering efforts. Conversely, Malaysia, through the Malaysian Anti-Corruption Commission Act (MACC Act) 2009, has adopted a more progressive framework that integrates asset declaration, verification of wealth sources, and investigative authority, even without directly criminalizing illicit enrichment. Using a normative juridical approach combined with comparative and case analysis, this research finds that Indonesia requires a hybrid evidentiary model integrating the principles of legal certainty and responsive law. Such a system would establish clear statutory standards, an asset forfeiture framework, and adaptive mechanisms that enhance transparency, public participation, and accountability. Strengthening Indonesia’s anti-money laundering regime through the integration of illicit enrichment provisions would not only ensure early detection of unexplained wealth but also advance asset recovery and institutional integrity.
Copyright (c) 2025 Arum Roselinda, Yuliati, I Nyoman Nurjaya https://creativecommons.org/licenses/by/4.0
THE INFLUENCE OF PEER ENVIRONMENT ON LEARNING MOTIVATION OF CLASS XI STUDENTS OF AL-AZHAR SENIOR HIGH SCHOOL, MEDAN
This study aims to determine the influence of the friendship environment on the learning motivation of grade XI students of Al Azhar Superior High School Medan. The research uses a quantitative approach with an associative descriptive method. The population in the study was determined through random sampling techniques. Data collection was carried out using a Likert scale questionnaire which included two main variables, namely the friendship environment and learning motivation. The results of the study show that the friendship environment has a positive influence on students' learning motivation. Most respondents stated that their friends supported learning activities (68.9%) and did not influence them not to study (53.3% disagreed). In addition, 82.2% of students admitted to studying earnestly and 100% trying to understand the lessons given. These findings show that a positive friendship environment contributes to increased student learning motivation in excellent schools.
Copyright (c) 2025 Hany Ataqiya Afan, Mohammad Fadel Hakeem, Ijlal Habibie, M. Ihza Al Amin https://creativecommons.org/licenses/by/4.0
THE EFFECT OF INFLATION, INTEREST RATE AND EXCHANGE RATE ON INDONESIA'S BALANCE OF PAYMENTS
This study aims to analyse the effect of inflation, interest rate and exchange rate on Indonesia's balance of payments by using annual data for the period 1993-2024. The method used is Autoregressive Distributed Lag (ARDL) which is able to identify short-term and long-term effects simultaneously, and accommodate the characteristics of non-stationary time series data with different levels of integration. The results show that in the short term, inflation has a positive effect, while exchange rates and interest rates have a negative effect on the balance of payments. Meanwhile, in the long run, exchange rates and interest rates have a positive effect, and inflation has a negative but insignificant effect. The novelty of this study lies in the use of ARDL model with long data coverage and explicit separation between short-run and long-run dynamics, which has rarely been comprehensively discussed in previous studies related to the balance of payments in Indonesia. The government's role is required to maintain price and interest rate stability through adaptive exchange rate management in order to maintain Indonesia's balance of payments.
Copyright (c) 2025 Weri Weri, Nyimas Adheana Darnita, Asri Diana, Fitriyani, Diana Sapha A.H https://creativecommons.org/licenses/by/4.0
LEGAL POLITICS OF FORMULATION OF THE CRIMINAL ACT OF DOMESTIC VIOLENCE AS A SPECIAL FORM OF CRIMINAL ACT
Domestic violence, such as physical, psychological, sexual, and economic violence, is a form of crime that occurs in a household where the perpetrator and victim come from the same household. The government's penal policy in resolving domestic violence is formed in the codification of positive legal norms (positif wettelijk), by implementing Law Number 23 of 2004 concerning the Elimination of Domestic Violence. This regulation demonstrates the government's attention to human rights (HAM), gender, non-discrimination, and protection. victims of domestic violence.
Copyright (c) 2025 Dewanti Oktaferina Putri Damadika https://creativecommons.org/licenses/by/4.0
THE EFFECT OF TIKTOK APPLICATION USE ON THE PERCEPTION OF VALUES AND NORMS AMONG STUDENTS IN HIGH SCHOOL
This study examines the influence of TikTok app usage on high school students' perceptions of values ​​and norms. The quantitative method employed was a survey of 100 respondents at Al-Azhar Medan's flagship high school.indicates a significant influence(p=0.002 ; p<0.05).Based on statistical calculations, the null hypothesis (H0) is rejected and the alternative hypothesis (H1) is accepted.The findings show that the frequency and intensity of TikTok use correlate with changes in adolescents' perceptions, particularly regarding informal aspects such as slang and social norms, compared to formal school norms such as discipline. Although TikTok is a powerful socializing agent in shaping adolescents' social views, the educational environment and parental guidance remain the primary foundations for maintaining the integrity of core values.This research is expected to provide a basis for consideration and reference for educators and parents.to design a more effective and proactive digital literacy strategy in guiding the younger generation.
Copyright (c) 2025 Raisya Eliyana Rahya Harahap, Putri Khairunnisa, Roy Bastian Shaputra, Sayyid Faqih Nasution, Salisa Sari Humaira https://creativecommons.org/licenses/by/4.0
LEGISLATION AND IMPLICATIONS OF ARTICLE 54 PARAGRAPH (2) OF THE KUHP CONCERNING THE LAW OF PARDON IN CRIMINAL PROVISION IN INDONESIA
Law Number 1 of 2023 concerning the Criminal Code (KUHP) introduces the concept of rechterlijk pardon or judicial forgiveness in Article 54 paragraph (2). This provision grants judges discretionary authority to release perpetrators from criminal penalties by considering the severity of the act, the perpetrator's personal circumstances, or the circumstances after the crime, as long as they take into account a sense of justice and humanity. This article aims to analyze the legal ratio and practical implications of Article 54 paragraph (2) of the Criminal Code by reviewing the philosophical, sociological, and legal foundations of the birth of this norm. The research method used is normative juridical with a statutory, case, and comparative approach. The results of the study indicate that this provision is a correction to the overly rigid principle of legality while also opening up space for judges to balance legal certainty, justice, and expediency. The implication is that judges have broader discretion to uphold substantive justice, including integration with the values ​​of restorative justice. However, without clear technical guidelines, this provision has the potential to give rise to subjectivity and disparity in decisions. Therefore, the effectiveness of the application of Article 54 paragraph (2) of the Criminal Code is very dependent on the consistency of the judge's interpretation, the existence of implementing regulations, and adequate supervision.
Copyright (c) 2025 Debora Oktarina Sihombing, Yuliati, Bambang Sugiri https://creativecommons.org/licenses/by/4.0
"THE URGENCY OF HORIZONTAL SUPERVISION (JUDICIAL SCRUTINY) OF LEGAL AID IN PRE-TRIAL AS PART OF THE HUMAN RIGHTS OF SUSPECTS"
This study examines the urgency of horizontal supervision (judicial scrutiny) of legal aid in pre-trial. Legal aid is a principle contained in the due process of law. The research method used in this study is normative research with a conceptual approach and a case approach. Horizontal supervision in the current pre-trial concept does not include legal aid as an object of judge's authority so that for suspects who are not accompanied by legal counsel as required by Article 56 of the Criminal Procedure Code, the assessment must be submitted to the trial examination. Furthermore, how should horizontal supervision of legal aid provide human rights guarantees to suspects? Horizontal supervision carried out by pre-trial judges or in the future through the concept of Preliminary Examining Judges, it is appropriate to provide a balance between the great power of the apparatus administering the pre-trial function, with the human rights of suspects, including legal aid which is a universal right, so that due process of law can be achieved.
Copyright (c) 2025 Joshua Aditya Setyanugraha, Muktiono, Abdul Madjid https://creativecommons.org/licenses/by/4.0
VISUAL IDENTITY AND AUDIENCE ENGAGEMENT: PERSONAL BRANDING STRATEGIES ON INSTAGRAM @DSUGYWEDDINGOFFICIAL
This study examines the effectiveness of personal branding strategies implemented by the Instagram account @dsugyweddingofficial within the wedding planning industry. Using a qualitative content analysis approach, the research analyzes Instagram posts focusing on the core elements of personal branding: clarity, specialization, and consistency, as outlined by Montoya (2009). The findings indicate that @dsugyweddingofficial successfully communicates its brand identity through clear messaging, a distinctive wedding theme specialization, and consistent visual presentation and tone. The study highlights the importance of strategic content curation in social media branding and the role of audience engagement in building a credible brand presence. In conclusion, this research emphasizes that personal branding through Instagram can significantly enhance visibility and customer loyalty, particularly when executed with clarity, specialization, and consistency.
Copyright (c) 2025 Deana Ermania Rahutami, Dimas Herlambang Putra, Farida Nurfalah https://creativecommons.org/licenses/by/4.0
LEGAL ACCOUNTABILITY OF THE OFFICIAL MAKING LAND DEEDS IN UNAUTHORIZED LAND RIGHTS TRANSFERS: A CASE STUDY OF SHM 24451
This study aims to examine the legal accountability of the Land Deed Official (PPAT) in unauthorized land rights transfers in the case study of SHM 24451. In their function as a public authority, the PPAT, creates authentic deeds, particularly deeds of land rights transfer, which serve as evidence proving that a legal act of rights transfer has occurred lawfully and provides legal certainty. This research is normative juridical legal research using doctrinal, conceptual, and case approaches. A descriptive method is used to analyze data based on the theory of authentic deeds and the theory of official accountability. The problem arises when, during the deed-making process, there is suspicion of non-compliance with formal and material requirements, thus making the PPAT, as a public official, accountable for the legal acts performed. The results indicate that rights transfers that do not meet formal and material requirements can be subject to administrative, civil, and criminal liabilities. This causes legal violations and harms the community. These findings emphasize the importance of compliance with professional ethics, legal principles during the execution of tasks, authority as a PPAT, as well as maintaining the integrity of the profession, institution, and public trust.
Copyright (c) 2025 Fanny Fernian Yahya Artikasari, Isharyanto, Rahayu Subekti https://creativecommons.org/licenses/by/4.0
LEGISLATIVE RATIO OF SEMA NUMBER 3 OF 2023 IN GUARANTEEING SUBSTANTIVE JUSTICE IN DIVORCE CASES
The high divorce rate in Indonesia, particularly within the religious courts, has drawn serious scrutiny in the practice of family law enforcement. The most dominant grounds for divorce, namely persistent disputes and arguments, are often presented with weak and subjective evidence, potentially creating legal uncertainty and injustice for certain parties, particularly women. To address this issue, the Supreme Court issued Supreme Court Circular Letter (SEMA) Number 3 of 2023, which tightens the requirements for granting a divorce petition on the grounds of persistent disputes, through a new formulation requiring two cumulative elements: first, proven inability to live in harmony between husband and wife, and second, a minimum of six months of separation of residence, unless domestic violence (DV) is proven. This study aims to examine the Ratio legis of the issuance of SEMA 3 of 2023 and its implications for the fulfillment of substantive justice in divorce cases in the Religious Courts. Using a normative juridical approach with qualitative analysis methods, this study examines related laws and regulations, legal literature, and theories of justice and legal certainty. The research findings indicate that SEMA 3 of 2023 plays a significant role in normatively unifying evidentiary standards and emphasizing judges' prudence in deciding divorce cases. However, in practice, these provisions can also create barriers to access to justice for economically, socially, and psychologically vulnerable parties, particularly in proving separation and domestic violence. Therefore, the fulfillment of substantive justice through the implementation of SEMA is highly dependent on judges' sensitivity in understanding the factual realities of households and their ability to interpret norms progressively, flexibly, and contextually.
Copyright (c) 2025 Nadia Romadhon, Abdul Rachmad Budiono, Hanif Nur Widhiyanti https://creativecommons.org/licenses/by/4.0
THE LEGAL CERTAINTY OF ELECTRONIC EVIDENCE AUTHENTICATION UNDER THE CIVIL PROCEDURE LAW IN INDONESIA
This study examines the legal certainty of electronic evidence authentication under the Civil Procedure Law in Indonesia. The research highlights the importance of providing regulation to authenticate electronic evidence, as stated in Article 5 of Law Number 1 of 2024, which concerns the Second Amendment to Law Number 11 of 2008 regarding Electronic Information and Transactions. The study adopts a normative juridical approach; the researcher's focus in this legal research is on legal principles and legal inventory research. The researcher aims to analyze the legal principles governing electronic evidence and its authentication process in civil procedure law. The primary purpose of this research is to ensure that legal certainty regarding the authentication of electronic evidence is achieved perfectly and comprehensively. It is considered necessary, given that civil procedure law in Indonesia has not explicitly regulated the authentication mechanism for electronic evidence until now. Therefore, by adding legal provisions that specifically restrict the authentication of electronic evidence in civil procedure law, the value of legal certainty can be achieved fully and comprehensively. This research is expected to contribute in the form of conceptual and normative analysis that can strengthen the argument regarding the urgency of regulating the authentication of electronic evidence. Thus, the results of this research not only provide an academic foundation but also offer constructive ideas that are relevant to the development of civil procedure law in Indonesia, particularly in the context of resolving civil disputes involving the use of electronic evidence.
Copyright (c) 2025 Kevien Dicky Aldison, Patricia Audrey Ruslijanto, M. Sudirman https://creativecommons.org/licenses/by/4.0
ASSESSING THE EFFECTIVENESS OF PHYSICAL EDUCATION CURRICULUM IMPLEMENTATION IN PROMOTING PHYSICAL FITNESS IN SCHOOLS
The importance of physical education (PE) in fostering holistic development among students is widely recognized; however, the degree to which PE curricula are effectively implemented remains a critical concern in many educational systems. This study assesses the effectiveness of physical education curriculum implementation in promoting physical fitness in schools. Using a mixed-method approach, the research analyzes the relationship between curriculum design, teacher preparedness, instructional methods, and student fitness outcomes. Data were collected from 200 students and 25 PE teachers across government and private schools. The findings reveal that effective curriculum implementation characterized by structured lesson plans, adequate facilities, and trained teachers positively correlates with improved physical fitness levels among students. The study concludes that periodic curriculum evaluation, professional development for PE teachers, and enhanced infrastructure are essential for maximizing the benefits of physical education in school environments.
Copyright (c) 2025 Junaid Hamid Bhat, Dr Vijay Kumar https://creativecommons.org/licenses/by/4.0
FORMS OF JUSTICE AND CRIMINAL LEGAL PROTECTION FOR CHILDREN THROUGH DIVERSION IN THE FUTURE
Children are a gift from God Almighty, potentially as the next generation to continue the ideals of the struggle of the Indonesian nation, so that they have the right to survive, grow and develop. For this reason, children are considered to need to be given physical and spiritual protection, because every child who is in conflict with the law is always sentenced to imprisonment, even though imprisonment has not gained the trust of the community, thus causing problems. The background underlying this writing is the application of diversion in resolving cases involving children as perpetrators of criminal acts who are sentenced to more than 7 years. Concretely, the problem raised in this writing is how the form of child justice protection through diversion and how the legal regulations on diversion in Indonesia are just. This writing uses a normative research method with a statute approach. Through analysis with this method, it can be seen that the provisions of diversion which are legally regulated in the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Justice System have been able to be carried out starting from the investigation stage and the results of the diversion agreement are issued in the form of a Court Decision, and there is an expansion of several articles in the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Justice System which is further regulated in the Regulation of the Supreme Court of the Republic of Indonesia Number 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System. However, in the continuation regulated by Perma Number 4 of 2004, it does not explicitly regulate the maximum criminal limit for juvenile criminals set above 7 (seven) years
Copyright (c) 2025 darwanto Darwanto https://creativecommons.org/licenses/by/4.0
APPLICATION OF DWANGSOM (COERCED MONEY) IN DISPUTE RESOLUTION BREACH OF PAYMENT OF SHARIA LIFE INSURANCE CLAIMS (Study of Supreme Court Decision Number 364 K/Ag/2023)
The ruling in the Supreme Court Decision Number 364 K/Ag/2023 contains a penalty of payment of a sum of Rp538,178,014.00 (five hundred thirty-eight million one hundred seventy-eight thousand and fourteen rupiah) and also contains a penalty of dwangsom (forced money) to the defendant/applicant of cassation in the amount of Rp100,000.00 (one hundred thousand rupiah) for each day the defendant is late in carrying out the contents of the decision that has obtained permanent legal force. If referring to the norm in Article 606a Rv, the judge can only impose a penalty of dwangsom (forced money) if the judge's decision contains a penalty other than the penalty of paying a sum of money. The deviation in the application of the penalty of dwangsom (forced money) in the decision is based on considerations of justice and legal benefits as contained in the legal considerations. The research method in this writing is a normative legal research method by analyzing legal norms with legal principles. The purpose of this writing is to provide an understanding of the judge's authority in imposing a dwangsom (forced money) penalty in a default decision which includes a penalty of payment of a sum of money in a sharia life insurance case which is guided by the principles of justice, legal benefit, and the principle of ta'awun (mutual assistance).
Copyright (c) 2025 Firdiansyah Hidayatullah, Moh. Fadli, Sihabudin https://creativecommons.org/licenses/by/4.0
EDUCATION STATUS OF MUSLIM WOMEN IN KAYALPATTINAM
In Tamil Nadu, education was regarded as an important aspect of society. During the pre-British period, Muslim women received little attention in education, as male education dominated. Though Islam encouraged women’s learning, social customs like the purdah system and early marriages restricted their access. The arrival of the British and the influence of Christian missionaries marked a turning point in Muslim women’s education. Before 1850 A.D., there were no organized Muslim institutions in Tuticorin; education took place at teachers’ homes where Lebbais taught the Quran, Arabic, moral values, Tamil, and basic mathematics. Most families depended on fishing, weaving, cultivation, and cattle grazing for livelihood, which limited girls’ education. Kayalpattinam, an ancient settlement famous since the Sangam age, along with Korkai, Tiruchendur, and Tuticorin, became centers symbolizing Muslim culture and learning in southern Tamil Nadu.
Copyright (c) 2025 S. Benazeer https://creativecommons.org/licenses/by/4.0
TREATMENT OF ELECTRONIC EVIDENCE AFTER A JUDGE'S DECISION WHICH HAS PERMANENT LEGAL FORCE IN CRIMINAL CASES
Advances in information and communication technology have significantly influenced legal developments, particularly in the area of ​​evidence in criminal justice processes. The use of electronic evidence as evidence in various criminal cases poses challenges related to the clarity and adequacy of the legal framework in Indonesia. This study aims to examine the extent to which Indonesian law accommodates the existence of electronic evidence and how judges determine its legal status and treatment after a criminal verdict has become final and binding. The study focuses on the question of whether it is sufficient to seize electronic data together with the electronic device or whether a normative separation between the physical device and the electronic data within it is necessary, as is the practice in the Netherlands and France. In this context, it is important to analyze whether existing legal provisions provide legal certainty and strike a balance between the interests of law enforcement and the protection of individuals' rights to personal data, information, and/or electronic documents contained in seized electronic devices. Through a normative juridical and comparative legal approach, this study finds that legal regulations in Indonesia do not specifically regulate the treatment of electronic data in court decisions. Therefore, regulatory reform is needed to ensure the protection of each individual's constitutional rights and strengthen the integrity of the evidentiary system in electronic-based criminal cases.
Copyright (c) 2025 Fanidia Tumanggor, Faizin Sulistio, Patricia Audrey https://creativecommons.org/licenses/by/4.0
THE EFFECT OF INCENTIVES AND WORK FACILITIES ON TEACHERS' WORK MOTIVATION AT THE AL-KARIM EDUCATION FOUNDATION MORAWA CAPEX
The purpose of this study is to determine the effect of incentives and work facilities on teacher work motivation at the Al-Karim Tanjung Morawa Education Foundation. This study uses a quantitative method, data sources are obtained from secondary data, namely respondent data and primary data sources, namely interviews, observations and questionnaires distributed directly to respondents. The population in this study were 35 teachers at the Al-Karim Tanjung Morawa Education Foundation, sampling using non-probability sampling techniques with saturated samples because the research population is relatively small. The data analysis method uses validity and reliability tests to determine the accuracy of the measuring instruments used in the study, then classical assumption tests, multiple linear regression tests and hypothesis tests are tested using SPSS version 27. The results of this study indicate that incentives have a positive and significant effect on teacher work motivation at the Al-Karim Tanjung Morawa Education Foundation, work facilities have a positive and significant effect on teacher work motivation at the Al-Karim Tanjung Morawa Education Foundation, and incentives and work facilities simultaneously have a positive and significant effect on teacher work motivation at the Al-Karim Tanjung Morawa Education Foundation.
Copyright (c) 2025 Safira Aisya Ulyasari, Sri Gustina Pane, Julkarnain https://creativecommons.org/licenses/by/4.0
ANALYSIS OF THE RELATIONSHIP BETWEEN WORK DISCIPLINE AND EMPLOYEE PERFORMANCE AT THE POPULATION CONTROL AND FAMILY PLANNING SERVICE (DPPKB) OF THE NORTH LABUHANBATU REGENCY GOVERNMENT THROUGH ORGANIZATIONAL COMMITMENT AS AN INTERVENING VARIABLE
Employee performance is a crucial factor in determining the effectiveness of government institutions, particularly in public service agencies such as the Population Control and Family Planning Agency (DPPKB) of Labuhanbatu Utara Regency. In recent years, the agency's performance achievements have declined, allegedly due to low work discipline and weak organizational commitment among employees. This study aims to analyze the effect of work discipline on employee performance, with organizational commitment as an intervening variable. The research employs a quantitative approach using Structural Equation Modeling (SEM) based on Partial Least Squares (PLS). Data were collected through questionnaires distributed to 57 DPPKB employees. The analysis results show that work discipline has a positive and significant effect on both employee performance and organizational commitment. Moreover, organizational commitment also significantly affects employee performance and is proven to mediate the relationship between work discipline and performance. These findings emphasize the importance of fostering discipline and strengthening organizational commitment to improve the effectiveness of public service. In conclusion, optimal improvement in employee performance can only be achieved when discipline is supported by a high level of organizational commitment.
Copyright (c) 2025 Chindy Wulandari Tiur Romatua Sijabat , Abdul Rahim Matondang , Yeni Absah, Evawany Yunita Aritonang, Prihatin Lumbamraja https://creativecommons.org/licenses/by/4.0
DOMESTIC PREFERENCE PROVISIONS FOR INDONESIAN ELECTRICITY INFRASTRUCTURE PROJECTS FUNDED BY FOREIGN LOANS
The purpose of this study is to analyze the potential inconsistency of the domestic preference provisions in ESDM Ministerial Regulation No. 11 of 2024 with the principles of the Regulation for ADB Borrowers and its legal implications on electricity infrastructure projects funded by foreign loans. This research method is normative juridical with a legislative approach, an analytical approach, and a conceptual approach. The results show that the domestic preference provisions in ESDM Ministerial Regulation No. 11 of 2024 strengthen the use of domestic products in electricity projects funded by foreign loans, but have the potential to conflict with the principles of fairness and transparency in the Procurement Regulations for ADB Borrowers. Nationally, this policy is legitimate and supports economic independence, but internationally it can raise issues of inconsistency with the WTO principles of non-discrimination and national treatment and affect the credibility of the procurement process.
Copyright (c) 2025 Anggita Tridiani Sirait, Djumikasih, Budi Santoso https://creativecommons.org/licenses/by/4.0
THE ROLE OF AMICUS CURIAE IN IMPROVING THE QUALITY OF JUDICIAL DECISIONS IN CRIMINAL CASES IN INDONESIA
The criminal justice system in Indonesia has not explicitly regulated the requirements, procedures for submitting, and the position of amicus curiae in the criminal justice system in Indonesia. There are judges who reject the submission of Amicus curiae because there is no procedural law governing it, judges argue that procedural law in the judicial process is very important in realizing legal certainty in Indonesia. Meanwhile, judges who accept amicus curiae applications use Article 5 paragraph (1) of Law No. 48 of 2009 concerning Judicial Power as the basis for accepting amicus curiae in trials. Progressive judges use Amicus curiae in their consideration of their decisions both from a philosophical, juridical and sociological perspective, where the hope is that the judge's decision will not only provide legal certainty but also truly provide a sense of justice and benefit to the parties. This study aims to determine the role of amicus curiae or friends of the judiciary in improving the quality of judges' decisions in the criminal justice system process in Indonesia. This research uses normative juridical method by using statutory approach and comparative approach. The results showed that the existence of amicus curiae can make a positive contribution to the decision of criminal cases in Indonesia. It is time for a regulation regarding the role and position of amicus curiae in the criminal justice system in Indonesia, so that there is an increase in the quality of decisions by accommodating the values of life and development in society.
Copyright (c) 2025 Yessika Florencia, Milda Istiqomah, Faizin Sulistio https://creativecommons.org/licenses/by/4.0
LEGAL MODEL OF ERADICATING ILLEGAL CIGARETTES AS A MEANS OF INCREASING STATE REVENUE
This study examines the legal framework and enforcement efforts to combat the circulation of illegal cigarettes in Indonesia, with a focus on the “Gempur Rokok Ilegal” program implemented by the Directorate General of Customs and Excise (DGCE) in the jurisdiction of KPPBC TMP B Surakarta. Using a doctrinal legal research method with statute and conceptual approaches, the research analyzes preventive and repressive enforcement measures against violations in tobacco excise. Findings show that despite extensive campaigns and enforcement, the distribution of illegal cigarettes remains high, influenced by economic incentives, weak deterrence, and geographic proximity to major tobacco-producing regions. The study concludes that optimal law enforcement requires more intensive surveillance, stronger community involvement, and stricter penalties to deter offenders, thereby safeguarding state revenue from tobacco excise.
Copyright (c) 2025 Bagyo Mulyono , Heri Hartanto https://creativecommons.org/licenses/by/4.0
LEGAL RECONSTRUCTION OF COPYRIGHT AS MARITAL PROPERTY IN INDONESIAN LAW
This study examines the reconstruction of copyright law as marital property within the Indonesian legal framework, focusing on the economic rights of works created during marriage. The research background stems from the complexity of the relationship between intellectual property rights and family law, where copyright often becomes a source of conflict in asset division during divorce. Employing a normative method with legislative, comparative, and conceptual approaches, this study compares regulations in Indonesia and the People's Republic of China. The findings indicate that Indonesia lacks specific rules on the division of economic copyright rights as marital property, whereas China has explicitly integrated them into the Civil Code. Reconstruction is proposed through harmonization of the Copyright Law and Marriage Law, differentiation between moral and economic rights, and the establishment of technical regulations to ensure legal certainty, justice, and protection of creators' rights. These findings contribute to the development of a more responsive national law towards intangible assets in family contexts.
Copyright (c) 2025 Piput Milandsari Milandsari, Yenny Eta Widyanti, Yuliati https://creativecommons.org/licenses/by/4.0
LEGAL RECONSTRUCTION OF INTELLECTUAL PROPERTY VALUATION INSTITUTIONS AS FIDUCIARY SECURITY TO REALIZE LEGAL CERTAINTY
The utilization of Intellectual Property (IP) as an economic asset in Indonesia is significantly hampered when applied as fiduciary security due to profound legal uncertainty, particularly surrounding valuation mechanisms. A primary obstacle is the dearth of a standardized, legally recognized IP valuation institution, which inhibits the acceptance of IP as collateral by financial institutions. This study aims to analyze and reconstruct the legal framework governing these valuation institutions to establish legal certainty. Using a normative juridical method with statutory and conceptual approaches, the research identifies key issues: inadequate existing regulations, and the rejection of IP by banks owing to valuation difficulties, value fluctuation risks, and execution uncertainties. The findings conclude that a legal reconstruction of the IP valuation institution is essential. This reconstruction must establish standardized valuation criteria and fortify the legal framework, thereby enabling IP to function as an effective financing instrument and realizing legal certainty in Indonesia.
Copyright (c) 2025 I. Irfan Ibrahiem, Elfrida Ratnawati, Simona Bustani https://creativecommons.org/licenses/by/4.0
THE EFFECT OF PRODUCT QUALITY, BRAND IMAGE AND PRICE ON THE DECISION TO PURCHASE AN iPHONE (A STUDY OF STUDENTS OF THE FACULTY OF ECONOMICS AND BUSINESS, ISLAMIC UNIVERSITY OF SUMATERA) NORTH MANAGEMENT STUDY PROGRAM CLASS 2021)
The purpose of this study is to analyze and determine the extent of influence of product quality on iPhone purchasing decisions among students, the influence of price on iPhone purchasing decisions among students, and the influence of price on iPhone purchasing decisions among students. This study was conducted at the Islamic University of North Sumatra, specifically at the Faculty of Economics and Business.Business Management Study Program Class of 2021.In sampling using simple random sampling technique, with a total sample of 63 respondents. The method used in the study is the multiple linear regression analysis method. This type of research is quantitative research. The results of this study, namely: (1) product quality has a positive and significant effect on the decision to purchase an iPhone cellphone in students of the Faculty of Economics and Business, Islamic University of North Sumatra. (2) brand image does not have a positive and significant effect on the decision to purchase an iPhone cellphone in students of the Faculty of Economics and Business, Islamic University of North Sumatra. (3) price has a positive and significant effect on the decision to purchase an iPhone cellphone in students of the Faculty of Economics and Business, Islamic University of North Sumatra.
Copyright (c) 2025 Nola Amelia, Nilawati Nasti, Julienda Br Harahap https://creativecommons.org/licenses/by/4.0
REFORMULATION OF INDONESIA'S RESTORATIVE JUSTICE FRAMEWORK UNDER SUPREME COURT REGULATION NO. 1 OF 2024
The Indonesian criminal justice system is undergoing a paradigm shift from a retributive to a restorative approach, solidified by the enactment of Supreme Court Regulation Number 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice. This regulation aims to provide a standardized framework for judges. However, its practical implementation reveals a tension between formal legal certainty and the pursuit of substantive justice. This research conducts a normative legal analysis to evaluate the adequacy of the conditions and mechanisms within the Supreme Court Regulation as a guide for judges. The study employs statute, conceptual, and case approaches, analyzing primary and secondary legal materials. The findings indicate that the rigid requirements stipulated in the regulation, such as the limit on criminal threats, along with ambiguities in exclusionary clauses like recidivism, are insufficient and often hinder the achievement of substantive recovery. Furthermore, the absence of explicit procedural mechanisms for penal mediation forces judges to rely on discretionary activism. This journal argues for a reformulated regulation that is more flexible and principle-based, proposing the inclusion of a discretionary gateway for judges, harmonizing recidivism rules with the new National Criminal Code, and institutionalizing penal mediation procedures to ensure the restorative process is substantive and consistent.
Copyright (c) 2025 Muhammad Hanif Ramadhan, Setiawan Noerdajasakti, Faizin Sulistio https://creativecommons.org/licenses/by/4.0
ANALYSIS OF IMPORTANT, CAREFUL, CERTAIN AND MUTUALLY AGREEABLE CRITERIA IN THE REGULATION OF ARTICLE 173 OF THE HERZIEN INLANDSCH REGLEMENT REGARDING EVIDENCE OF JUDGES' SUSPECTS
The sentence in Article 173 HIR which states "important, thorough, certain and mutually agreeable" is a regulation that is still abstract and can be interpreted in many ways, where this is like what category of important or very important circumstances are, then what is thorough or precise, how to assess certain conditions, and whether they correspond to each other whether they should be applied to 2 (two) types of evidence or what. The purpose of this study is to analyze the criteria contained in the sentence important, thorough, certain and mutually agreeable in the regulation of Article 173 HIR. The research method used is legal research with a statutory regulatory approach, a conceptual approach, and a case approach. Based on the research that has been carried out, it is known that normatively the criteria "important, thorough, certain and mutually agreeable" in Article 173 HIR are not explained completely, then after a theoretical analysis through the doctrines of legal experts and linguistically, namely Indonesian and legal language, the meaning contained therein is obtained. The "important" criterion contains relevant and logical boundaries directly related to the subject matter of the case, the "thorough" criterion contains methodological boundaries for the application of caution, the "certain" criterion contains specific boundaries and the strength of the evidence is not questioned, and the "mutually agreed" criterion contains for consistency and mutually corroborating evidence.
Copyright (c) 2025 Naufal Anfasa Firdaus https://creativecommons.org/licenses/by/4.0
COMPARATIVE REGULATION OF “INADMISSIBLE DECISIONS” IN CRIMINAL PROCEDURE LAW BETWEEN INDONESIA AND GERMANY
This article examines the comparative regulation of “inadmissible decisions” in criminal procedure law between Indonesia and Germany. Comparative law is used as an analytical approach to identify similarities and differences between the two legal systems, aiming to formulate clearer and more systematic procedural norms. Both countries belong to the civil law tradition, which emphasizes codification and legal certainty. Germany recognizes two key mechanisms related to inadmissible decisions, namely Verfahrenshindernis (procedural obstacles) and Unzulässige Anklage (inadmissible indictment). These mechanisms serve as legal filters to ensure procedural compliance and the protection of defendants’ rights before the main trial begins. This study concludes that Germany’s systematic procedural framework offers a valuable model for reformulating the normative and procedural basis of inadmissible decisions in Indonesia.
Copyright (c) 2025 Bayu Akbar Wicaksono, Milda Istiqomah, Rika Kurniaty https://creativecommons.org/licenses/by/4.0