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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.
Legal Implications of the Suspension of Debt Payment Obligations (PKPU) Process for Legal Entity Debtors and Personal Guarantors from the Perspective of the Separate Legal Entity Doctrine St. Luthfiani; 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.v3i3.1.5828

Abstract

Suspension of Debt Payment Obligations (PKPU) is a legal instrument in bankruptcy. PKPU provides debtors with the opportunity to reorganize their debts through a settlement plan with creditors. In business practice, debtors in the form of legal entities are usually assisted by personal guarantors. Personal guarantors guarantee the debtor's obligations to creditors. This situation raises legal issues regarding the boundaries of liability between legal entity debtors and individual debt guarantors. The problem arises from the principle of separate legal entities. The principle of separate legal entities states that legal entities are independent. Legal entities have a separate legal personality from managers, shareholders, and other parties. This study aims to analyze the legal implications of PKPU applications for legal entity debtors. This study also analyzes the legal implications of PKPU applications for individual guarantors of debt. The analysis is conducted using the principle of separate legal entities. The study uses normative juridical legal methods. The researchers used three approaches: statutory, conceptual, and case studies in relevant commercial court decisions. The results indicate that a request for a Personal Assurance Payment for Debt for a legal entity debtor does not directly bind the individual debt guarantor. The two entities remain separate due to the principle of separate legal entities. However, a personal guarantee can expose the guarantor to liability if the debtor fails to pay the creditor. Therefore, the application of the separate legal entity principle must be understood proportionally. Consider the legal relationships arising from the debt guarantee agreement. This research contributes to the development of bankruptcy law studies. It provides legal certainty regarding the position of the individual guarantor in the Suspension of Debt Payment (PKPU) process
Implementation of Legal Policies at the Corruption Eradication Commission (KPK) in Handling Corruption Crimes in Indonesia Rossa Purbo Bekti; 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

Abstract

This study aims to analyze the implementation of legal policy within the Corruption Eradication Commission (KPK) in handling corruption in Indonesia, particularly after the amendment to Law Number 19 of 2019. The method employs normative juridical research with a statutory and conceptual approach. The results reveal that the legal policy for eradicating corruption is realized through strengthening the legal basis for corruption and establishing the KPK as a state institution with strategic authority in coordination, supervision, investigation, prosecution, and prevention. However, regulatory changes through Law Number 19 of 2019 have implications for the KPK's position, independence, and effectiveness, particularly through the establishment of a Supervisory Board, changes to the wiretapping mechanism, and the status of employees to civil servants (ASN). Therefore, strengthening the institutional independence of the KPK remains a crucial aspect in maintaining the effectiveness of corruption eradication in Indonesia.
Co-Authors Hary Kesowo Wibowo Rossa Purbo Bekti Shandy Christyan Sulu St. Luthfiani