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All Journal LAW REFORM JURNAL PEMBANGUNAN HUKUM INDONESIA TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review SANISA: Jurnal Kreativitas Mahasiswa Hukum Legal Protection for the Partnership Agreement Parties Bacarita Law Journal Sawerigading Law Journal PATTIMURA Law Study Review SASI Matakao Corruption Law Review
Titahelu, Juanrico Alfaromona Sumarezs
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Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Other

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LAYERED HYBRID MODEL IN CRIMINAL RESOLUTION: Integrating Epkeret and State Law Under Legal Pluralism in Indonesia Saimima, Judy Marria; Laturette, Adonia Ivonne; Titahelu, Juanrico Alfaromona Sumarezs; Akyuwen, Rory Jeff
Al-Risalah Vol 26 No 1 (2026): June 2026
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v26i1.2180

Abstract

The ratification of the New Criminal Code (Law No. 1 of 2023) marks a paradigm shift towards restorative justice by recognizing the fulfillment of customary obligations as a valid criminal sanction. However, the absence of procedural technical guidelines creates a significant gap in the integration of customary law into the formal justice system, which could lead to legal uncertainty. This study aims to develop an operational framework using a “Layered Hybrid Model” to bridge customary criminal law and state law without violating human rights. Using sociological-legal methods and empirical data from South Buru Island, Maluku, as well as comparative analysis of customary courts in New Zealand and Canada, this study formulates a two-tiered mechanism. The first tier places customary law (Epkeret) as the primum remedium for social restoration, while the second tier establishes state law as the ultimum remedium for serious crimes. This article offers the first operational institutional design for customary criminal justice in Indonesia by proposing a State-Community Validation Forum as a constitutional filter mechanism. This model encourages a transition from weak legal pluralism to “strong and controlled legal pluralism,” ensuring that customary justice is constitutionally valid and operationally applicable in a modern criminal justice system. 
Law Enforcement Against Indonesian National Army Soldiers Who Committed the Crime of Desertion in Military Trials Raprap, Stany; Titahelu, Juanrico Alfaromona Sumarezs; Supusepa, Reimon
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.2266

Abstract

Introduction: Military crimes are actions committed by the legal subject, namely the military and are called pure military crimes (zuiver militaire delict), where the criminal act is only committed by a military person, because it is special to the military. Criminal acts committed by soldiers of the Indonesian National Army are purely military based on regulations related to the military. One of the criminal acts that is categorized as pure criminal acts is desertion. As stipulated in Article 87 paragraph (1) of the Military Criminal Code. An Indonesian National Army soldier can be sentenced to discipline, imprisonment and dismissal from service.Purposes of the Research: This study aims to find out the law enforcement process for TNI soldiers who commit the crime of desersi, and the legal consequences if an Indonesian National Army soldier who is examined in absentia in a case of criminal displacement.Methods of the Research: This study uses a normative juridical research method, which aims to determine the law enforcement process against Indonesian National Army soldiers who commit desertion crimes, and the legal consequences if an Indonesian National Army soldier who is examined in absentia in a desertion crime case.Results Main Findings of the Research: The Indonesian National Army who commit the crime of desertion cannot be resolved through military disciplinary law but must be resolved through a court hearing. Therefore, the one who has the right to prosecute the crime of desertion is the Military Judge in the Military Criminal Justice System guided by the Military Criminal Code and laws and regulations related to military justice and its sanctions, the second is the legal consequence if an Indonesian National Army soldier who is examined in absentia in a case of desertion cannot file a defense and cannot present evidence as it should, so the Panel of Judges agrees and agrees with the Military Inspectors to examine and decide this case in absentia.
Co-Authors Akyuwen, Rory Jeff Alfons, Revalno Corputty, Patrick Hahury, Charly Timothy Katayane, Carlo Jean Laimu, Wa Narti Latue, Salmon Latumaerissa, Denny Latupeirissa, Julianus Edwin Laturette, Adonia Ivonne Leasa, Elias Zadrach Leasa, Elias Zadrack Lewerissa, Yanti Amelia Mataheru, Hendarina Nugroho, Adi Purwo Paklioy, Ronny Putra Dirgantara Pasorong, Wiranata Pattinusa, Donny Raprap, Stany Rengrengulu, David Masaluri Reunussa, Mahalia Saimima, Judy Marria Salamor, Anna Maria Salmon, Hendrik Siauta, Dody Alfayed Sujud, Muhammad Satrio Supusepa, Reimon Syauta, Eko Prasetio Taufik, Iqbal Ubwarin, Erwin Yuniar, Dita