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Henry Halim
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.
The Illusion of Spirituality in Legal Professions: Administrative Reductionism and Notary Appointment Integrity in Indonesia Henry Halim; Imeldalius; Yudadibrata; Novrida Fauziyah Nasution
Arkus Vol. 10 No. 2 (2024): Arkus
Publisher : HM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37275/arkus.v10i2.903

Abstract

The Indonesian Law on Notarial Positions places devotion to God Almighty—the principle of spirituality—as the foremost prerequisite for notary appointment, yet rising notarial malpractice signals a disconnect between this transcendental mandate and substantive professional integrity. This convergent mixed-methods socio-legal study examined how regulatory authorities interpret and verify the spirituality requirement, and how stakeholder perceptions of that verification predict support for reform, within a province on the western seaboard of Indonesia governed by Islamic-Malay customary law. The qualitative strand comprised fifteen in-depth interviews and document analysis across three anonymized clusters; the quantitative strand surveyed 185 legal-profession stakeholders using five validated five-point scales (Cronbach’s α 0.81–0.89). Respondents rated administrative reductionism high (mean 4.06, 95% CI 3.97–4.15) and perceived verification adequacy low (mean 2.39, 95% CI 2.28–2.50). Multiple regression explained 60.5% of variance in support for the proposed Spiritual-Integrous Recruitment model (R²=0.605; F(4,180)=68.84, p<0.001; Cohen’s f²=1.53), with administrative reductionism (β=0.312), living-law integration deficit (β=0.242), institutional inertia (β=0.216) and perceived adequacy (β=−0.293) as significant predictors (all p<0.001). Perceived adequacy differed across clusters (ANOVA F(2,182)=6.90, p=0.001, η²=0.07), lowest in the resource-rich semi-urban cluster. Qualitative themes—administrative reductionism, institutional inertia, and disconnect from living law—triangulated the survey. The state secularizes an ethical mandate into a documentary checklist, marginalizing integrity. The study proposes the Spiritual-Integrous Recruitment model, integrating psychometric integrity testing with living-law screening, to convert a dogmatic illusion into a measurable safeguard of legal professionalism.
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 Imeldalius Imran Indrayani Machdaliza Martimbang Simbolon Novrida Fauziyah Nasution Yudadibrata