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p-Index From 2021 - 2026
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All Journal Journal Customary Law
KMS Herman
Borobudur University, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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The Limitations and Legitimacy of Judges in Filling Legal Vapor Amidst Demand for Progressive Legal Reform Hary Kesowo Wibowo; KMS Herman
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5782

Abstract

This study aims to analyze the limitations and legitimacy of judges in filling the legal vacuum amidst demands for progressive legal reform in the Indonesian legal system. The legal vacuum (rechtvacuum) is a consequence of societal dynamics that cannot always be balanced by the formation of laws and regulations. In this context, judges have a constitutional and legal obligation to continue examining and deciding cases as mentioned in both Article 24 paragraph (1) of the Republic of Indonesia's 1945 Constitution and Article 5 paragraph (1) and Article 10 paragraph (1) of Law Number 48 of 2009 respecting Judicial Power. This research employs a statutory and conceptual approach using a normative legal strategy. The results of the study indicate that legal discovery (rechtsvinding) is an obligation of judges as a consequence of the principle of ius curiae novit and the principle of the rule of law. However, the expansion of the role of judges within a progressive legal framework must remain within constitutional limits by respecting the system of checks and balances and the idea of separation of powers. The legitimacy of judges in filling legal gaps is determined by a clear normative basis, rational and systematic legal argumentation, and an orientation toward protecting constitutional rights and substantive justice. Thus, the progressive role of judges can contribute to national legal reform without exceeding legislative authority.
Supervision by the Regional Police Inspectorate Regarding Online Public Complaints Considering Regional Police Performance to Improve Professionalism and Legal Certainty (Study at the Regional Police Inspectorate of the West Kalimantan Regional Police) Shandy Christyan Sulu; KMS Herman
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5789

Abstract

This study strives to analyze the supervision by the Regional Supervision Inspectorate of online public complaints regarding the Indonesian National Police's performance in order to enhance legal certainty and professionalism. This study uses a statutory and conceptual approach in conjunction with a normative juridical research method. The 1945 Constitution of the Republic of Indonesia, Law Number 2 of 2002 concerning the Indonesian National Police, Law Number 25 of 2009 concerning Public Services, and Presidential Regulation Number 95 of 2018 concerning Electronic-Based Government Systems are just a few of the legal provisions that the statutory approach seeks to analyze. Meanwhile, the conceptual approach aims to explore legal concepts related to internal supervision, the professionalism of law enforcement officers, and the law enforcement system's legal stability. The findings show that the Regional Supervision Inspectorate's internal supervision system is essential for investigating public complaints about police officers' performance by receiving, confirming, reviewing, and assessing public reports. The public can submit reports more easily and complaints are handled with greater accountability and transparency when an online public complaints system is used. However, there are still a number of challenges in implementing this monitoring, such as a lack of human resources, complex investigation procedures, and the optimization of information technology in managing public complaints. Therefore, strengthening the internal oversight system is necessary to enhance the professionalism of police officers and ensure legal certainty for the public.
Co-Authors Hary Kesowo Wibowo Shandy Christyan Sulu