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All Journal Jurnal Hukum Novelty Decisio: Journal of Judicial Law and Procedure
Novendri M. Nggilu
Faculty of Law, Universitas Negeri Gorontalo, Indonesia
Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Harmonizing Gorontalo Regional Regulations in Light of Constitutional Court Decision No. 168/PUU-XXI/2023: A Regional Approach to Foreign Worker Governance Saldi Arief; Novendri M. Nggilu; Supriyadi A. Arief
Decisio: Journal of Judicial Law and Procedure Vol. 1 No. 2 (2026): July 2026
Publisher : Gemini Littera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66882/decisio.v1i2.47

Abstract

The governance of foreign workers has become an increasingly significant constitutional issue in Indonesia following Constitutional Court Decision No. 168/PUU-XXI/2023, which reaffirmed the need to balance investment interests with the State's constitutional obligation to protect Indonesian workers. The Decision has not only reshaped national labour policy but has also necessitated regulatory adjustments at the regional level as part of the implementation of Indonesia's decentralized governance framework. This study examines the constitutional implications of the Decision for the harmonization of Gorontalo Provincial Regulations governing foreign workers and formulates a regulatory reform framework consistent with constitutional standards. Employing normative legal research, the study applies statutory, conceptual, and case approaches through an analysis of the 1945 Constitution of the Republic of Indonesia, Law No. 6 of 2023 on Job Creation, Law No. 23 of 2014 on Regional Government, Constitutional Court Decision No. 168/PUU-XXI/2023, and Gorontalo Provincial Regulations No. 1 of 2022 and No. 8 of 2016. The findings reveal that the existing regional regulatory framework in Gorontalo remains predominantly administrative in orientation and has yet to fully internalize the constitutional standards established by the Constitutional Court, particularly concerning the prioritization of Indonesian workers, mandatory counterpart workers, measurable knowledge and technology transfer, integrated labour supervision, and effective enforcement mechanisms. The study concludes that the harmonization of regional regulations should extend beyond formal legislative conformity toward the substantive implementation of constitutional principles through a regulatory framework capable of strengthening legal certainty, protecting the national workforce, enhancing regional governmental accountability, and sustaining a conducive investment climate within Indonesia's decentralized legal system.
Restorative justice in victimless crimes under the criminal procedure code: Problematics and solutions Apripari; Dian Ekawaty Ismail; Ahmad; Vivi Oktaviani Pulukadang; Novendri M. Nggilu
Jurnal Hukum Novelty Vol. 17 No. 1 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i1.31003

Abstract

Introduction to the Problem: The primary issue addressed in this study is the legal uncertainty within the Republic of Indonesia Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP 2025) regarding the requirements for case settlement agreements or peace agreements, which mandate the involvement of a 'victim' in restorative justice mechanisms. This requirement becomes irrelevant when applied to victimless crimes, in which the perpetrator is, in essence, also the victim. Purpose/Study Objectives: This article aims to examine and formulate the ideal implementation of a restorative justice approach within KUHAP 2025 from the perspective of ius constituendum, particularly in overcoming regulatory deadlocks in victimless crimes. Design/Methodology/Approach: The study employs a normative legal research method, utilizing statutory, historical, and conceptual approaches. It relies on primary and secondary legal materials collected through library research and analyzed through legal interpretation and construction. Findings: This article finds that the rigid tripartite relationship (defendant–victim–investigator/inquirer/public prosecutor/judge) embedded in KUHAP 2025 hinders the application of restorative justice in victimless or non-predatory crimes. Accordingly, amendment of KUHAP 2025 is necessary by incorporating an explicit definition of victimless crimes and adjusting procedural mechanisms. Such adjustments may include substituting the role of the victim with community leaders or relevant stakeholders to facilitate the restoration of public interest, accompanied by strengthening the concept of judicial pardon, as evidenced by a formal letter of pardon serving as a substitute for a peace agreement in victimless cases. Paper Type: Research Article
Co-Authors Ahmad Apripari Dian Ekawaty Ismail Saldi Arief Supriyadi A. Arief Vivi Oktaviani Pulukadang