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All Journal Wacana, Jurnal Sosial dan Humaniora Brawijaya Law Journal : Journal of Legal Studies Jurnal IUS (Kajian Hukum dan Keadilan) Sriwijaya Law Review Unram Law Review Constitutional Review Jurnal Ius Constituendum Sociological Jurisprudence Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) International Journal of Humanities Education and Social Sciences
I NYOMAN NURJAYA
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Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Criminal Mediation in the Settlement of Unlicensed Small-Scale Mining Crimes in the Jurisdiction of the East Java Regional Police Qoirul Khitam Bastomi; I Nyoman Nurjaya; Istislam Istislam
Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i3.12276

Abstract

This study aims to analyze the effectiveness of the penal mediation approach in resolving illegal mining crimes (PETI) in the jurisdiction of the East Java Regional Police, which has been dominated by a repressive approach and has caused complex social, economic, and ecological problems. The repressive approach has failed to address the root causes of the problem, and PETI is often carried out by economically vulnerable groups due to an inclusive bureaucracy. The research method employed is a sociological-legal approach, combining normative analysis of legal regulations (das sollen) with empirical studies of law enforcement practices in the field (das sein). The research findings indicate that criminal mediation has gained legal legitimacy through various regulations, including the 2023 National Criminal Code, Police Regulation No. 8 of 2021, and Regulation No. 15 of 2020. In East Java, 393 PETI cases were resolved using this approach during 2023–2024, preventing 1,650 offenders from conventional litigation and saving law enforcement budgets. This approach reflects the renewal of Indonesian criminal law, which not only punishes but also restores and empowers. This study provides empirical evidence on the application of panel mediation in environmental criminal cases, an area rarely explored in previous research.
Legal Certainty in the Granting of Land Rights to Indigenous Law Communities in Coastal Areas Rizky Alif Akbar; I Nyoman Nurjaya; Mohammad Hamidi Masykur
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.311

Abstract

The Indonesian Constitution, through Article 18B paragraph (2), Article 28I paragraph (3), and Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, expressly mandates the recognition and respect of indigenous legal communities (MHA) and their traditional rights, and places natural resources under the control of the state for the greatest prosperity of the people. However, current positive legal practices show inconsistencies, particularly in the provisions of Article 22 of the Coastal Areas and Small Islands Law, which has been amended through the Job Creation Law with Article 138 paragraph (4) of Government Regulation Number 21 of 2021. This inconsistency has an impact on legal uncertainty in MHA management areas, the potential for criminalization of coastal indigenous communities, conflicts of authority between ministries, and the neglect of the principle of legal pluralism guaranteed by the constitution. This research uses a normative juridical method with a statutory and conceptual regulatory approach, supported by primary, secondary, and tertiary legal materials that are analyzed prescriptively through systematic and teleological interpretation. The research findings indicate that an ideal formulation of ius constituendum is needed through a paradigm shift in natural resource management from state-based to community-based, automatic recognition of indigenous peoples' (MHA) management areas, legal certainty in the RTRW (Regional Spatial Plan), preventive and repressive legal protection, and the establishment of customary territory management institutions. These regulations are crucial for realizing a national legal system that guarantees legal certainty, substantive justice, social benefits, and the sustainability of coastal ecosystems.
Global Principles of Sustainable Tourism Development Ecological, Economic and Cultural I Nyoman Nurjaya
Sociological Jurisprudence Journal Vol. 5 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.5.2.2022.97-106

Abstract

Indonesia is known as a country that has the beauty of the natural panorama of the sea and land and also invaluable cultural resources for the development of national tourism, in order to realizing the welfare and prosperity of the people as mandated by the1945 Constitution of the Republic of Indonesia. This research focus on discuss Global Principles of Sustainable Tourism Development and Sustainable Tourism Development Policy in Bali Province and to analyze the management of tourism destination in KSPN Kintamani-Lake Batur. This research is a normative legal research. The data used are primary and secondary data. The result explaine that the main economic sector in Bali, on the one hand, tourism performance is required to reduce the negative impact of tourism development. Nationally, with the enactment of Law Number 10 of 2009 concerning Tourism and Government Regulation Number 50 of 2011 concerning the National Tourism Development Master Plan (RIPKN), the Bali Provincial Government is required to prepare a Regional Tourism Development Master Plan (RIPKD) as stated in Bali Provincial Regulation No. 10 of 2015 concerning the Bali Provincial Tourism Development Master Plan for 2015-2029, which contains visions, directions, and plans that direct the development of tourist areas in Bali.
The Application Of The Presumption Of Innocence By Judges In Indonesia’s Criminal Justice Process: A Challenge Mula Warman Harahap; I Nyoman Nurjaya; Faizin Sulistio
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 6 No 1 (2026): IJHESS AUGUST 2026
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v6i1.2514

Abstract

The presumption of innocence is a cornerstone of criminal procedure, requiring that every suspect, arrestee, or defendant be treated as not guilty until a court decision has obtained permanent legal force. Its application by judges in Indonesia, however, faces three interrelated challenges. First, a defendant’s status as a recidivist often triggers judicial bias, shifting a judge’s perspective from “presumed innocent” toward “presumed guilty” before the evidentiary process concludes. Second, the guilty-plea mechanism introduced under the 2025 Criminal Procedure Code creates conceptual tension with the presumption, since it allows a defendant’s own admission to substitute, in practice, for adversarially tested proof. Third, intense media coverage and public opinion risk producing a “trial by the press” that undermines judicial independence and objectivity. Using a normative juridical approach, this study argues that strengthening judicial moral integrity, adopting firmer ethical guidelines, and reinforcing safeguards for judicial independence are necessary so that the presumption of innocence is genuinely realized in Indonesian criminal justice practice.
Regulating The Waiting Period For The Execution Of Capital Punishment: A Legal Certainty And Prisoners' Rights Protection Perspective After The Enactment Of Law Number 1 Of 2023 On The Criminal Code Ceria Sitepu; Faizin Sulistio; I Nyoman Nurjaya
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 6 No 1 (2026): IJHESS AUGUST 2026
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v6i1.2515

Abstract

Indonesia's newly enacted Criminal Code, Law Number 1 of 2023, reclassifies capital punishment from a primary penalty into a special and conditional sanction accompanied by a ten-year probationary period. This reform was intended to reconcile the death penalty with contemporary principles of humanity and rehabilitation. However, neither the new Code nor its predecessor regulation establishes a definite time limit within which an execution must be carried out following the exhaustion of legal remedies or the expiry of the probationary period. Empirical evidence shows that numerous death-row convicts in Indonesia have endured waiting periods far exceeding the maximum term of fixed-term imprisonment, in some cases spanning more than two decades, exposing them to what may be characterized as a double punishment and prolonged psychological uncertainty. Employing normative legal research through statutory and conceptual approaches, this article examines the regulatory vacuum surrounding the waiting period for execution under Indonesian law and evaluates its implications for the principle of legal certainty and the protection of convicts' fundamental rights. Drawing on Gustav Radbruch's theory of legal certainty and Lon Fuller's principles of the inner morality of law, the study argues that the absence of a clearly promulgated and consistently applied time frame undermines both the normative coherence of the criminal justice system and the constitutional guarantee of legal certainty. The article concludes by underscoring the urgency of further statutory regulation to close this normative gap and to safeguard the rights of death-row convicts pending execution.
Co-Authors Ashifa Yona Ceria Sitepu Dody Heryanto Faizin Sulistio Fifik Wiryani Fitria Dewi Navisa Hanif Nur Widhiyanti Henny Yuningsih Herman Suryokumoro Istislam Istislam La Ode Machdani Afala Mardian Wibowo Masruchin Ruba’I Mohammad Hamidi Masykur Muchammad Ali Safaat Mula Warman Harahap Nova Winantika Rindang Kirana Nurini Aprilianda Prija Djatmika Priya Djatmika Qoirul Khitam Bastomi Rizky Alif Akbar Toni Kasmiri Warkum Soemitro