Article Per Year (5 Year)
p-Index From 2021 - 2026
0.562
P-Index
This Author published in this journals
All Journal Journal Customary Law
Marhaeni Ria Siombo
Borobudur University, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Transforming Indonesia’s Legal System: A Diversity, Equity, Inclusion, and Sustainability (DEIS) Perspective Neneng Yuhelmi Zajilah; Marhaeni Ria Siombo
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.v3i3.1.5783

Abstract

Indonesia’s legal system faces structural limitations in responding to complex global transformations, including climate crisis, digitalization, and intensified resource extraction, which expose the inadequacy of its predominantly formalistic and sector-based paradigm. This study critically examines the transformation of Indonesia’s legal system through the lens of Diversity, Equity, Inclusion, and Sustainability (DEIS) as a normative and analytical framework. Employing a normative juridical method with statutory and conceptual approaches, this research interrogates constitutional mandates, sectoral legislation, and contemporary legal practices. The analysis reveals a persistent disjunction between constitutional guarantees particularly regarding indigenous rights and environmental protection and their implementation within extractive governance regimes. The Maba Sangaji case is deployed as a critical lens to demonstrate how legal instruments, such as Article 162 of the Mining Law, function to legitimize the criminalization of indigenous resistance while insulating corporate interests. This reflects a deeper structural bias embedded within the current legal paradigm. The study argues that integrating DEIS principles requires not merely regulatory adjustment but a paradigmatic shift that reconfigures legal substance, institutional practices, and legal culture. Such transformation is essential to realign Indonesia’s legal system with constitutional justice, democratic participation, and ecological sustainability in the context of global change.
Strengthening the Independence of the Supreme Court of the Republic of Indonesia in the Era of E-Court-Based Judicial Modernization to Realize Just Legal Reform H. Muhammadiyah Rafiq; Marhaeni Ria Siombo
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.v3i3.1.5796

Abstract

This study aims to analyze and formulate a model for strengthening the independence of the Supreme Court of the Republic of Indonesia in the era of E-Court-based judicial modernization as part of legal reform in Indonesia. Using normative juridical methods through legislative and conceptual approaches, this study finds that the digitalization of the judiciary as regulated in Supreme Court Regulation Number 1 of 2019 concerning Electronic Court Case Administration and Trials provides benefits in increasing efficiency and transparency, but also poses challenges to judicial independence due to regulatory limitations, potential technological intervention, and weak data protection and system oversight. Therefore, a comprehensive legal reconstruction is needed through strengthening regulations, institutions, and technology to guarantee the complete independence of judges in realizing a just trial.
Manifestations of State Sovereignty in Selective Immigration Policy: A Legal Analysis of the Implementation of the Clearance House Mechanism for Visa Calling Countries in Indonesia Ryan Aditya; Marhaeni Ria Siombo
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.v3i3.1.5803

Abstract

This study examines the manifestation of state sovereignty in Indonesia’s selective immigration policy through the implementation of the Clearance House mechanism for calling visa countries. Grounded in a normative juridical method employing statute and conceptual approaches, the research analyzes key legal instruments, including Law Number 6 of 2011 on Immigration and Regulation of the Minister of Law and Human Rights Number 2 of 2024, alongside the theoretical framework of sovereignty as articulated by Jean Bodin. The findings demonstrate that the Clearance House functions as a risk-based entry control mechanism that institutionalizes sovereign authority by integrating administrative, intelligence, and security considerations in visa decision-making. Through the Visa Assessment Coordination Team (TKPV), the state exercises its prerogative to filter foreign nationals based on IPOLEKSOSBUDHANKAM parameters, reflecting a shift from administrative governance toward security-oriented legal governance. However, the study also identifies critical challenges, particularly the broad discretionary power and subjective nature of risk assessment, which raise concerns regarding legal certainty, accountability, and potential arbitrariness. Therefore, strengthening standardization, transparency, and oversight mechanisms is essential to ensure that the exercise of state sovereignty remains consistent with the principles of legality, proportionality, and the rule of law in the context of increasing global mobility.
Co-Authors H. Muhammadiyah Rafiq Neneng Yuhelmi Zajilah Ryan Aditya