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Zudan Arief Fakrulloh
Borobudur University

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Reconstruction of Court Decisions in the Implementation of a Fair Restorative Justice Mechanism for Defendants Under the National Criminal Procedure Code Ryzza Dharma; Zudan Arief Fakrulloh
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.v3i3.1.5802

Abstract

The enactment of Law Number 20 of 2025 concerning the Indonesian Criminal Procedure Code (KUHAP Nasional) marks a paradigmatic shift from retributive justice toward restorative justice within the criminal justice system. However, this transformation reveals a significant normative inconsistency, particularly in the limitation of judicial authority under Article 203, which restricts judges from terminating cases based on restorative outcomes and instead positions such outcomes merely as mitigating factors in sentencing. This study employs a normative juridical method with statutory and conceptual approaches to examine the disparity in the application of restorative justice across the stages of investigation, prosecution, and adjudication. The findings demonstrate that while law enforcement officials at the pre-adjudication stage are authorized to terminate cases without a declaration of guilt, judges remain bound to issue guilty verdicts even when full reconciliation between the offender and victim has been achieved. This disparity results in systemic injustice and produces an “invisible punishment” in the form of criminal records that hinder the offender’s social reintegration. To address this issue, the study proposes a reconstruction of judicial decisions through the introduction of a “Restorative-Based Case Termination Order,” enabling judges to terminate proceedings without imposing criminal labels. This model aims to harmonize the criminal justice system and promote substantive justice by aligning legal outcomes with the core principles of restorative justice.
Legal Interoperability Issues Between the Online Single Submission System and the National Land Database Infrastructure Titin Hartati; Zudan Arief Fakrulloh
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.v3i3.1.5863

Abstract

The digital transformation of the business licensing system through the Online Single Submission (OSS) has brought significant changes to government administration, including integration with the national land database. This integration is expected to accelerate public services and increase investment efficiency, but in practice, it presents various legal problems related to data validity, regulatory disharmony, and ambiguity in administrative responsibilities between institutions. The differences in character between the self-declaration mechanism in the OSS and the formal verification system in land administration give rise to potential legal data conflicts that can impact the certainty of land rights. This study seeks to analyze the configuration of the OSS system interoperability with land data, identify emerging normative conflicts, and formulate an ideal legal interoperability design to support legal certainty and protect community rights. The research method employed is normative legal research with a statutory, conceptual, and systems approach, through qualitative analysis of primary and secondary legal materials. The results show regulatory fragmentation between the investment acceleration regime and the precautionary principle in agrarian law, as well as the absence of clear legal standards regarding the hierarchy of data validity between government digital systems. This situation has the potential to trigger administrative errors, overlapping permits, and conflicts over digital data-based space. The ideal legal interoperability model is focused on establishing a legal validation layer, standardizing data validation authorities, harmonizing cross-sectoral regulations, and strengthening risk management-based governance within the SPBE ecosystem. This approach is expected to create system integration that is not only technically efficient but also aligns with the principles of legal certainty and the protection of land rights.