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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.
Beyond Administrative Compliance: Operationalizing the Spirituality Requirement for Notary Appointment under Indonesia's Notary Law Aziwarti; Machdaliza Masri; Novrida Fauziyah Nasution; Ajasri
Arkus Vol. 10 No. 2 (2024): Arkus
Publisher : HM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37275/arkus.v10i2.905

Abstract

The appointment of notaries in Indonesia requires "devotion to the One Almighty God" (piety) under Article 3(b) of the Notary Law (UUJN), yet this transcendental prerequisite is frequently reduced to a bureaucratic formality of document submission. This study examined how the spirituality requirement is operationalized by state authorities and supervisory councils, and whether perceived operationalization predicts the ethical accountability of newly appointed notaries. A convergent mixed-methods socio-legal design was used in a Malay-Islamic customary province of western Indonesia, with specific locations masked as an urban cluster ("Kota Alpha") and a semi-urban cluster ("Kabupaten Beta"). The qualitative core comprised in-depth interviews with nine key informants analyzed by the Miles-Huberman-Saldana model; a complementary survey of 128 notaries and stakeholders (64 per cluster) used validated Likert scales (Cronbach's α 0.80-0.90). Administrative formalism was higher in the urban cluster (3.39 vs 2.85; d=1.10; p<0.001), whereas community moral control was markedly higher in the semi-urban cluster (3.47 vs 2.28; d=2.31; p<0.001), as was ethical accountability orientation (3.46 vs 2.78; d=1.16; p<0.001). In multiple regression (R²=0.434; F(5,122)=18.70; p<0.001), community moral control was the strongest predictor of accountability (β=0.505; 95% CI 0.253-0.610; p<0.001) and administrative formalism a negative predictor (β=-0.204; p=0.011), while region became non-significant once these were controlled, indicating the regional gap was channelled through living-law moral control. The findings reveal an "illusion of spiritual measurement" in which the state substitutes document-based compliance for substantive verification. Transforming transcendental spirituality into measurable professional-ethics indicators through community-based background checks is recommended.
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.
Co-Authors Ajasri Henry Halim Indrayani Machdaliza Machdaliza Masri Martimbang Simbolon Mesy Yulandari Moses Adi Novrida Fauziyah Nasution