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Imeldalius
Law Study Program, Faculty of Law, Universitas Riau Indonesia, Rengat, Indonesia

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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.