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Law Enforcement for the Crime of Insulting the Government in Relation to the Principle of Ultimum Remedium in the Perspective of the Right to Freedom of Expression Shelma Shetty Pinem; Lies Sulistiani; Budi Arta Atmaja
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.71-84

Abstract

This study examines law enforcement practices or state responses to the crime of insulting the government and how this principle of ultimum remedium works in law enforcement of the crime of insulting the government in Indonesia. Through comparative study methods with countries outside Indonesia, literature studies, and interviews with law enforcement officials to see their law enforcement practices from the perspective of law enforcement. The results of the study show that although the 2023 Criminal Code has regulated insults against the government as an absolute complaint, the norm still leaves room for multiple interpretations between criticism and insults. Law enforcement practices in Indonesia show a tendency to use criminal law as the primary instrument (primum remedium), although normatively recognizing ultimum remedium so that clearer limits, strengthening non-criminal mechanisms, and procedural safeguards are needed to be in line with freedom of expression in a democratic country. This study aims to find out the practice of law enforcement and how this principle of ultimum remedium is present in law enforcement.
Banking Crime Resolution through Violation Resolution: Analytical and Prescriptive Evaluation of Regulatory Reform Lastuti Abubakar; Efa Laela Fakhriah; Lies Sulistiani; Anita Afriana
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i2.1985

Abstract

Regulatory reform in the banking sector has become important in response to the growing complexity and dynamics of the financial industry. The rise of banking-related offences both those regulated under the Banking Law and those arising beyond its specific scope poses significant risks to national economic stability and may undermine public confidence in the banking system. This article provides an analytical and evaluative examination of recent regulatory reforms, focusing on the introduction of the violation resolution mechanism under Article 37D of Law No. 4 of 2023 concerning the development and strengthening of the Financial Sector (PPSK Law), as subsequently amended by Law No 4 of 2026. Rather than constituting a mere exercise of regulatory discretion, violation resolution is conceptualized as an adaptation of restorative justice principles to the distinctive characteristics of the banking sector. The study demonstrates that this mechanism emphasizes negotiated settlement, proportional accountability, and compensation, thereby balancing effective enforcement with the need to preserve financial-systemic stability. By situating violation resolution within criminological and regulatory scholarship, the article clarifies its normative foundations and implications for banking governance. Furthermore, the analysis substantively engages with Sustainable Development Goal 16 (peace, justice, and strong institutions), demonstrating how incorporation of restorative justice principle into financial regulation may strengthens institutional integrity, proportional enforcement, public trust, and contributes to resilient economic growth. This evaluative approach underscores that effective violation resolution is not rhetorical but substantive regulatory innovation that aligns legal certainty with sustainable development objectives.
FULL E-BOOK INDONESIAN LAW JOURNAL VOLUME 18 N0. 1, 2025 Nabila Afifah Salwa; Fahrizal S. Siagian; Rosmalinda; Hanifah Azizah; Meirani Rubianto; Elizabeth Vania Angkawidjaja; Emilia Metta Karunia Wijaya; Fikri Triandhika; Lies Sulistiani; Rizka Iswara; Paul Alberti Andriamaharitra
Indonesian Law Journal Vol. 18 No. 1 (2025): Indonesian Law Journal Volume 18 No 1, 2025
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/8tsw3569

Abstract

The 2025's first edition of Indonesian Law Journal Volume 18 has been published. The discussion topic of this edition is Sexual Offending and The Law. This edition presents 5 (five) articles from authors with various backgrounds. Please enjoy reading as we hope these article in our Journal are beneficial and constructive towards the development of national law