Michael Josef Widijatmoko
Universitas Djuanda

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Absolute Discretion of Judges in Indonesia as the Epicenter of Judicial Corruption Michael Josef Widijatmoko
JURNAL ILMIAH LIVING LAW Vol. 18 No. 1 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i1.22642

Abstract

This study critically examines the correlation between the absolute discretionary power inherent in judges in the Indonesian judicial system and the rampant pathology of judicial corruption. The analysis focuses on how the philosophical and legal construction of judicial power in the civil law tradition has created an epicenter that structurally fosters the practice of buying and selling decisions. Using normative legal research methods reinforced by comparative analysis, this study dissects the existing legal framework and compares it with other systems. The research findings reveal that absolutism in the use of judicial discretion, which is not balanced by an effective and transparent oversight mechanism, has created a systemic gap that undermines the integrity and public trust in the judiciary. Based on these findings, this study concludes that revolutionary structural reform is needed, not just cosmetic improvements. The main solution offered is limiting the sole discretion of judges through the adoption of a lay participation model, such as the lay judge or jury system, contextually adapted to the Indonesian legal framework. To achieve this, the study recommends two concrete reform paths: first, through the creation of a new legal umbrella in the form of a Law on the Position of Judges that limits and regulates discretion; and second, by utilizing the Supreme Court's authority to issue Supreme Court Regulations establishing binding sentencing guidelines, thereby reducing the scope for arbitration and abuse of authority.
The Evolving Role of Notaries in Digital Asset Inheritance Under Indonesian Civil Law Michael Josef Widijatmoko; Lisza Nurchayatie; Radif Khotamir Khotamir Rusli; Ahmet Şensöz
TRUNOJOYO LAW REVIEW Vol 8, No 2 (2026): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i2.33490

Abstract

The rapid expansion of digital assets, including cryptocurrencies and Non-Fungible Tokens (NFTs), has created significant legal challenges for the Indonesian civil law system, particularly regarding ownership verification, contractual validity, inheritance, and notarial authentication. Existing legal frameworks, including the Indonesian Civil Code (KUHPerdata) and the Notary Law (UUJN), remain insufficient to address the decentralized and pseudonymous characteristics of blockchain-based transactions, resulting in legal uncertainty for digital asset holders and their heirs. This study aims to analyze the legal conflicts surrounding digital asset inheritance and transfer within Indonesian civil law and to formulate a comparative legal framework that strengthens the role of notaries in digital asset transactions. This research employs normative legal research using doctrinal, conceptual, statutory, and comparative approaches through the analysis of primary, secondary, and tertiary legal materials. The comparative analysis refers particularly to the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) in the United States and legal developments within the European Union concerning digital wealth and fiduciary access. The findings reveal a fundamental incompatibility between blockchain systems and conventional civil law principles, especially regarding legal capacity, ownership recognition, fiduciary access, and evidentiary authentication. The study further demonstrates that the absence of procedural mechanisms for digital inheritance has weakened legal certainty and legal protection within Indonesian law. In response to these challenges, this study proposes a reconstructed notarial model that positions notaries as off-chain validators and digital fiduciary facilitators capable of bridging conventional legal systems with blockchain-based transactions. This study concludes that adaptive legal reform is urgently required to strengthen digital asset regulation, inheritance mechanisms, and notarial authentication procedures in Indonesia.