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The Application of Living and Recognized Customary Law as a Material Source of Law in Criminal Judicial Practice Based on Article 2 Paragraph (1) of the 2023 Criminal Code (KUHP) Ibnu Daisaly Aziz; Abraham Ferry Rosando
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 11 (2026): June 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20891577

Abstract

The recognition of living law as a material legal source in Article 2 paragraph (1) of the 2023 Criminal Code (KUHP) marks a significant paradigm shift in Indonesia’s criminal law system. This study aims to analyze the application of living and recognized customary law in judicial practice. Using a normative legal research method with statutory, conceptual, comparative, and case approaches, the results show that the application of customary law can function positively (as a basis for punishment) and negatively (as a ground for abolition or mitigation of punishment) if it meets the cumulative criteria in Article 2 paragraph (2) and is verified through Government Regulation No. 55 of 2025. In practice, the mechanism begins from the investigation stage to execution. However, it still faces various challenges, including multiple interpretations, regional disparities, the paradox of formalization, and the potential for judicial tyranny. Therefore, strengthening through more technical regulations, capacity building for law enforcement officials, and active participation of indigenous communities is urgently needed to realize restorative justice with legal certainty.
LEGAL IMPLICATIONS OF THE JOB CREATION LAW ON THE POSITION OF DIRECTORS IN INDIVIDUAL COMPANIES Nor Muhamad; Abraham Ferry Rosando
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 11 No. 1 (2026): Februari
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58487/akrabjuara.v11i1.2701

Abstract

The enactment of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law (Job Creation Law) has brought fundamental changes to the concept of the Limited Liability Company (PT) legal entity in Indonesia. Significant changes occurred in Article 1 number 1 and Article 7 of Law Number 40 of 2007 concerning Limited Liability Companies (UUPT), which now introduces the concept of a Sole Proprietorship (Private Liability Company) for Micro and Small Enterprises (MSEs). Unlike the classic principle of a PT, which is a capital association and must be established by at least two individuals based on an agreement, a Sole Proprietorship allows for the establishment of a single individual through a deed of establishment. However, the Job Creation Law does not change the provisions regarding the Company's Organs, which consist of the General Meeting of Shareholders (GMS), the Board of Directors, and the Board of Commissioners, which are generally assumed to be held by different individuals. This study aims to examine and analyze the status and mechanisms of Limited Liability Company Organs in Sole Proprietorships categorized as micro and small enterprises, considering the combination of the functions of capital owner and manager within a single legal entity.
Urgensi Analisis Pertanggungjawaban Hukum Terhadap Pelaku Kejahatan Dengan Kepribadian Ganda (Dissociative Identity Disorder) Khoirun Nisa; Abraham Ferry Rosando
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17847892

Abstract

This study discusses the urgency of analyzing criminal liability for perpetrators of crimes with multiple personalities or Dissociative Identity Disorder (DID), a mental disorder that causes an individual to have more than one identity that can take over consciousness. The presence of this disorder raises legal issues regarding the perpetrator's ability to understand and control their actions, which is an absolute requirement for criminal liability in Indonesian criminal law. This study aims to determine and understand the urgency of analyzing legal liability for perpetrators of crimes with DID and provide recommendations regarding the form of regulation that should be applied.The research method used is a juridicalnormative approach by analyzing the provisions of the Criminal Code, Criminal procedure Code, Health Law, as well as legal and forensic psychiatric literature. The study's findings show that DID may affect the degree of the offender's guilt,particularly if the criminal's personality is not under the main identity, so that the perpetrator loses the ability to take responsibility. Therefore, the involvement of forensic psychiatrists is very important in determining the perpetrator's mentalt Satus at the time of the occurrence. This research advises the introduction of Specific laws that control the examination mechanism and standards for assessing the ability to take responsibility for people with DID, including rehabilitation procedures and community protection. Thus, it is hoped that these regulations willr Create legal certainty, substantive justice, and balanced protection for perrpetrators, victims, and the community.
Pertanggungjawaban Pidana Terhadap Pelaku Produksi, Distribusi, dan Penjualan Set Top Box Ilegal yang menimbulkan Kerugian Konsumen di Indonesia Putri Amelia Anugraini; Abraham Ferry Rosando
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17927499

Abstract

The transition from analog to digital broadcasting in Indonesia has increased the public’s need for Set Top Boxes (STBs). However, this process has also raised legal concerns due to the widespread circulation of illegal STBs that fail to meet technical standards and certification requirements. This study analyzes the criminal elements involved in the distribution of illegal STBs and examines the criminal liability of business actors engaged in their production, distribution, or sale. The research employs a normative legal method using statutory and conceptual approaches. Findings indicate that the circulation of illegal STBs fulfills both actus reus and mens rea under the Telecommunications Law, Consumer Protection Law, and the Electronic Information and Transactions Law. Business actors knowingly trade uncertified devices and disseminate misleading information through digital platforms, posing safety risks, harming the electronics industry, and obstructing the digital broadcasting migration program. The study concludes that addressing illegal STB distribution requires stronger law enforcement, enhanced regulatory oversight, updated digital trade regulations, and improved consumer literacy to ensure a safe and equitable digital broadcasting ecosystem..