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Machdaliza
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

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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.
Co-Authors Aziwarti Henry Halim Indrayani Martimbang Simbolon