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All Journal Journal of Law Science Baileo: Jurnal Sosial Humaniora
Yuliati Yuliati
Universitas Brawijaya, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Nature of Homeless Media in Law No. 40 of 1999 on the Press: A Perspective from the Theory of Legal Certainty Dian Arlesti Lukman; Prija Djatmika; Bambang Sugiri; Yuliati Yuliati
Baileo: Jurnal Sosial Humaniora Vol 3 No 3: May 2026
Publisher : Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/baileofisipvol3iss3pp866-873

Abstract

This article examines the nature of homeless media in Law No. 40 of 1999 on the Press through the perspective of legal certainty theory. The research method used is normative legal research with legislative, conceptual, and comparative approaches. The results show that homeless media media entities that substantively perform journalistic functions but lack formal legal status under the Press Law are essentially entities experiencing normative dissonance: their functional capacity as journalistic actors exceeds the available legal recognition. This dissonance stems from three structural weaknesses in the Press Law: the institutional bias of the legal entity requirement in Article 9(2), the temporal limitations of the 1999 regulation, and the absence of a mechanism for gradual recognition. Using Fuller’s eight criteria of the “inner morality of law” as an analytical framework, this study identifies that these conditions violate the criteria of generality, clarity, and congruence, resulting in three-dimensional legal uncertainty: regarding rights, obligations, and dispute resolution forums. This study concludes that the issue of “homeless media” is fundamentally a regulatory failure to respond to the diversity of the digital media ecosystem, not merely a matter of non-compliance by media actors. A reformulation of the Press Law that prioritizes a recognition-based approach grounded in journalistic functions is an urgent constitutional necessity.
Justice for victims: An analysis of child sexual assault through the lens of gustav radbruch's legal values at the Luwuk District Court Abdan Syakura; Yuliati Yuliati; Syahrul Machmud
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6660

Abstract

This study conducts an analysis of two judicial decisions pertaining to sexual offenses against minors: Verdict Number 2/Pid.Sus-Anak/2025/PN Luwuk, which involves a juvenile offender, and Verdict Number 37/Pid.Sus/2025/PN Luwuk, which pertains to an adult offender. A normative juridical approach was utilized, informed by Gustav Radbruch’s theory of law and Lawrence Friedman’s legal system theory. The findings indicate a differentiated legal response contingent upon the status of the offender. In the case of the juvenile, the court rendered a conditional sentence that adopted a rehabilitative strategy, thereby reflecting principles of restorative justice and prioritizing the best interests of the child. In contrast, the adult offender received a prison sentence accompanied by a maximum fine, devoid of leniency, which underscores a stringent protective stance towards the child victim and serves as a deterrent for society. Both rulings exemplify the effective operation of legal frameworks and indicate advancements in Indonesia’s legal culture concerning the firm and equitable handling of sexual violence against children. This study emphasizes the necessity of balancing justice, legal certainty, and social utility within the criminal justice system for both juvenile and adult offenders.
Co-Authors Abdan Syakura Bambang Sugiri Dian Arlesti Lukman Prija Djatmika Syahrul Machmud