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Indrayani
Law Study Program, Faculty of Law, Universitas Riau Indonesia, Rengat, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences

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Ius Curia Novit and Malay Customary Values as Determinants of Substantive Justice in Indonesian Courts: A Convergent Mixed-Methods Study Indrayani; Henry Halim; Machdaliza; Aziwarti; Martimbang Simbolon
Arkus Vol. 9 No. 2 (2023): Arkus
Publisher : HM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37275/arkus.v9i2.901

Abstract

The principle of Ius Curia Novit compels judges to accept and decide cases even when statutory law is absent, ambiguous, or incomplete, yet in jurisdictions with strong customary traditions strict legal positivism often yields procedurally correct but substantively unjust outcomes. This study examined how judicial activation of Ius Curia Novit and the integration of Malay customary values relate to perceived substantive justice. A convergent parallel mixed-methods design integrated a qualitative strand (interviews and verdict analysis from a District Court and a Religious Court in Riau Province, Indonesia) with a cross-sectional survey of 184 legal practitioners using four validated multi-item scales (Cronbach's α 0.835-0.872). Data were analysed with Pearson correlation, Welch's t-tests, one-way ANOVA, and multiple linear regression, reporting effect sizes and 95% confidence intervals. Ius Curia Novit activation (β = 0.418, 95% CI 0.284-0.529, p < 0.001) and customary-law integration (β = 0.281, 95% CI 0.150-0.381, p < 0.001) were the strongest positive predictors of perceived substantive justice, whereas legal-positivism orientation was a negative predictor (β = −0.227, p < 0.001); the model explained 49.2% of the variance (F(5,178) = 34.46, p < 0.001). Customary integration was higher in the Religious Court than the District Court (d = 0.63, p < 0.001) and differed by practitioner role (η² = 0.156, p < 0.001). Judicial discovery and disciplined incorporation of local wisdom jointly transform the judge from a mouthpiece of the law into an architect of substantive justice, informing judicial training and customary-law recognition policy.
Bureaucratic Ethics and the Actualization of Pancasila Values in Public Service Delivery: A Convergent Mixed-Methods Study of a Local Government Institution in Indonesia Indrayani; Henry Halim; Machdaliza; Aziwarti; Martimbang Simbolon
Arkus Vol. 10 No. 2 (2024): Arkus
Publisher : HM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37275/arkus.v10i2.902

Abstract

Public administration in Indonesia is constitutionally bound by the ethical principles of Pancasila, yet systemic bureaucratic pathologies frequently contradict these ideals; limited research has quantified how each value is actualized in frontline service. This convergent parallel mixed-methods study examined the actualization of Pancasila values in public service delivery at a local government institution in Indonesia and its association with perceived public service quality. A qualitative strand (in-depth interviews with bureaucrats, n = 6, and service users, n = 10, participant observation and document analysis) was integrated with a cross-sectional survey of 216 service users and civil servants using six validated multi-item scales (Cronbach's alpha 0.78-0.93). Data were analyzed with Pearson correlation, multiple linear regression, Welch's t-test and one-way ANOVA, reporting effect sizes and 95% confidence intervals. Social cohesion (Sila 3, mean 3.96) and the local Malay ethos (4.07) were strongly actualized, whereas transparency (Sila 4, 2.85), integrity (Sila 1, 3.01) and distributive justice/access (Sila 5, 2.74) were deficient. Transparency (beta = 0.302, 95% CI 0.167-0.345, p < 0.001) and integrity (beta = 0.280, 95% CI 0.146-0.326, p < 0.001) were the strongest predictors of service quality, with the model explaining 60.5% of variance (F(6,209) = 53.41, p < 0.001). Service accessibility declined sharply from urban to rural respondents (d = 0.628; ANOVA eta-squared = 0.147, p < 0.001). Actualizing Pancasila requires structural integrity and transparency reform anchored in local cultural paradigms; a Socio-Cultural Public Service Model is proposed.
Determinants of Stakeholder Support for Restorative Ecological Justice in Post-Presidential Regulation 5/2025 Forest Repossession: A Mixed-Methods Study in Riau, Indonesia Indrayani; Moses Adi; Mesy Yulandari; Aziwarti
Arkus Vol. 11 No. 2 (2025): Arkus
Publisher : HM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37275/arkus.v11i2.906

Abstract

The promulgation of Presidential Regulation No. 5 of 2025 (Perpres 5/2025) marks a decisive shift in Indonesia's forest governance, replacing the fiscal-amnesty logic of the Job Creation Law with the actualization of State Control Rights through repossession of illegally occupied forest areas and severe administrative fines. Yet the determinants of stakeholder support for resolving such disputes restoratively rather than punitively remain untested. This convergent parallel mixed-methods study examined a 5,420-hectare spatial overlap in an anonymized Limited Production Forest within a major oil-palm-producing province of Sumatra, Indonesia. A powered perception survey (n=240) measuring procedural justice, distributive justice, tenurial security, institutional trust, and corporate accountability as predictors of support for a Restorative Ecological Justice model was triangulated with 15 key-informant interviews and Geographic Information System spatial data. Scale reliability was good to excellent (Cronbach's α 0.857–0.932). Support differed sharply across groups (one-way ANOVA F(3,236)=26.343, p<0.001, η²=0.251), with corporate affiliates far lower than farmers, officials, and civil society (Cohen's d=1.83). Multiple regression explained 57.1% of variance (R²=0.571, F(5,234)=62.38, p<0.001); tenurial security (β=0.425) and distributive justice (β=0.370) were the strongest predictors, followed by corporate accountability (β=0.173) and procedural justice (β=0.167). The study concludes that durable forest-conflict resolution requires pairing corporate repossession with earmarked ecological restoration and the transition of repossessed land into social-forestry schemes for smallholders, operationalizing restorative ecological justice within Indonesia's new enforcement regime.
Between Positivism and Substantive Justice: Predictors of Pancasila Value Actualization Among State-Judiciary Actors Indrayani; Henry Halim; Imran; Imeldalius
Arkus Vol. 11 No. 2 (2025): Arkus
Publisher : HM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37275/arkus.v11i2.908

Abstract

The Indonesian Constitution anchors adjudication in Pancasila, mandating a balance between legal certainty, utility, and social justice, yet how state-judiciary actors actualize these ideological values in practice remains empirically underexplored, particularly in resource-rich regions beset by agrarian and socio-economic conflict. This study analyzed the predictors and contextual variation of Pancasila value actualization among judicial actors in a resource-rich province in Sumatra, Indonesia. A convergent parallel mixed-methods design combined a structured survey of 215 legal apparatus across three anonymized court jurisdictions (urban, coastal, agrarian) with interviews of 15 judges and 9 prosecutors and 45 purposively selected verdicts (2021-2025). Validated multi-item scales measured actualization, substantive justice orientation, legal positivism orientation, restorative justice practice, and institutional constraint; reliability was good to excellent (Cronbach's α 0.861-0.911). Overall actualization was constrained (mean 2.05 of 5). Multiple regression explained 53.0% of the variance (F(7,207) = 33.39, p < 0.001); substantive justice orientation was the strongest positive predictor (β = 0.467, 95% CI 0.356 to 0.577), followed by restorative justice practice (β = 0.240), whereas legal positivism (β = -0.205) and institutional constraint (β = -0.133) were negative. Actualization differed by court typology (F(2,212) = 12.91, p < 0.001, η² = 0.109), being highest in the agrarian court (Cohen's d = 0.75 versus urban). Institutional constraint partially mediated the justice-orientation pathway (Sobel z = 2.31, p = 0.021). Actualization is therefore a contextual, modellable negotiation rather than uniform application; embedding Pancasila-based progressive interpretation in judicial training and protecting judges from annulment-driven anxiety could strengthen substantive justice.
Co-Authors Aziwarti Henry Halim Imeldalius Imran Machdaliza Martimbang Simbolon Mesy Yulandari Moses Adi