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All Journal Jurnal Media Hukum Jurnal Bina Mulia Hukum Jurnal Pengabdian Masyarakat (ABDIRA) Jurnal Pendidikan Indonesia (Japendi) Asian Journal of Social and Humanities International Journal of Law Social Sciences and Management
Subianta Mandala, Subianta
Pusat Perencanaan Hukum Nasional (BPHN)
Aerospace Engineering Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Social Sciences Other

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The Strategic Role of the Constitutional Court of the Republic of Indonesia Has the Potential to Amend the 1945 Constitution of the Republic of Indonesia (Implications of the Constitutional Court Decision Number 116/PUU-XXI/2023) Sagalane, Andra Bani; Mandala, Subianta
Asian Journal of Social and Humanities Vol. 3 No. 10 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i10.561

Abstract

State legal policy reflects the state's interest in securing national objectives through norms that are enacted, implemented, and enforced for the welfare of citizens, state institutions, and all related entities. Article 1, paragraph (3) of the 1945 Constitution of the Republic of Indonesia defines Indonesia as a "state of law," which includes both written and unwritten norms. Among these, laws are created by legislative and executive institutions to regulate state affairs. The hierarchy of regulations places the MPR Decree below the Law, with the Constitution as the highest authority. This study explores the gap in the construction of laws and regulations, focusing on the concept of "Faction," which appears in various laws but not in the Constitution. Through qualitative descriptive analysis and a normative legal approach, this research examines the implications of the 4% national vote threshold for political parties in the General Election, as it relates to the term "Faction" in the Indonesian House of Representatives (DPR). This study advocates for the removal of the "Faction" provisions, suggesting that even a single-member political party should not be hindered by the threshold. It proposes that the Constitutional Court could amend laws containing the term "Faction" or incorporate it into the Constitution to ensure greater inclusivity in the legislative process. The findings suggest a need for constitutional amendment to align legislative practices with democratic principles.
Deconstructing Intentionality: Legal Fallacies in The Indonesian Criminal Code's Approach to Mens Rea Ramadan, Tubagus Ahmad; Mandala, Subianta
Asian Journal of Social and Humanities Vol. 3 No. 9 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i9.564

Abstract

This study examines the interpretative fallacies surrounding mens rea in Indonesia’s criminal justice system. Disparities in the interpretation of intentionality (opzet) by law enforcement officials and judges often result in significant inconsistencies in legal outcomes. Using a qualitative library research method with legal hermeneutics and critical discourse analysis, this study investigates 150 court decisions from 2020 to 2023 to identify structural and cultural causes of these inconsistencies. The findings reveal that 68% of verdicts contained ambiguity in the construction of mens rea, mainly due to outdated legal frameworks, limited interdisciplinary education, and external pressures. To address this, the study proposes an interdisciplinary reconstruction of the concept of intentionality that integrates insights from cognitive psychology with criminal law doctrine. This includes the development of a nuanced intentionality spectrum and practical tools such as the Intentionality Assessment Protocol (IAP). The findings highlight the complexity of mens rea interpretations within the Indonesian legal system, with substantial variations in judicial decisions. The study proposes a new conceptual framework based on cognitive psychology to bridge gaps in understanding intentionality. Further recommendations for reform include the development of legal education and training systems for law enforcement.
Beyond Digital Borders: A Comparative Analysis of Legal Frameworks for Digital Evidence in Child-Related Crime Investigations Nurlaela, Siti Chusnul; Mandala, Subianta
Asian Journal of Social and Humanities Vol. 3 No. 9 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i9.565

Abstract

Digital evidence in child-related crime investigations presents unique challenges for legal systems worldwide, particularly as such crimes increasingly transcend national borders. The intangible, volatile, and jurisdictionally complex nature of digital evidence raises fundamental questions about how different legal frameworks address collection, preservation, and admissibility in these sensitive cases. Objectives. This study aims to identify and analyze key differences in legal frameworks governing digital evidence in child-related crime investigations across the European Union, United States, and United Kingdom, with specific focus on authority requirements, procedural standards, and cross-border evidence exchange mechanisms. Methods. Through comparative legal analysis of primary legal texts, case law, and secondary literature, this research examines the procedural requirements, technical standards, and jurisdictional approaches to digital evidence across the selected jurisdictions. Research Findings. The analysis reveals distinct regulatory models: the EU employs a structured judicial oversight model through instruments like the European Investigation Order and the emerging e-evidence package; the US CLOUD Act facilitates direct public-private cooperation through streamlined court orders and bilateral agreements; and the UK relies on Criminal Procedure Rules and traditional Mutual Legal Assistance Treaty processes with emphasis on maintaining strict chain of custody. Significant variations exist in authority requirements, technical standards for evidence authentication, and mechanisms for cross-jurisdictional cooperation. These jurisdictional differences create practical challenges for cross-border investigations, particularly concerning cloud-stored data and child sexual abuse material. The study proposes a harmonized approach that balances investigative efficiency with privacy protections and addresses the unique vulnerabilities of child victims, while respecting different legal traditions.
Restorative Justice in Criminal Acts of Losing Human Life from an Economic Perspective Marwa, Soffa; Mandala, Subianta
Asian Journal of Social and Humanities Vol. 3 No. 10 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i10.572

Abstract

This study analyzes in depth the implementation of restorative justice (RJ) in the crime of killing a person in Indonesia from an economic perspective. Using qualitative methods with normative legal and conceptual approaches, and secondary data analysis, this study examines the potential benefits and challenges of implementing RJ in murder cases. The results of the analysis show that RJ has the potential to offer social and economic benefits—such as better victim recovery, potential reduction in long-term criminal justice system costs, and reduced recidivism—compared to retributive approaches. However, its implementation in Indonesia faces significant obstacles, including regulatory fragmentation, institutional resistance, public perception, and limited resources and local empirical data. While immediate cost savings may be limited for serious cases, the potential long-term socio-economic benefits of recovery and social cohesion could be substantial. Effective implementation requires legal harmonization, resource investment, paradigm shift, and the development of clear guidelines. The findings of this study highlight the economic and social potential of implementing restorative justice (RJ) in Indonesia’s criminal justice system, particularly in cases of homicide. From an economic perspective, RJ could reduce the long-term costs associated with the criminal justice process, such as incarceration and administrative expenses, by focusing on rehabilitation and reintegration of offenders.
Police Investigation Discretion Against Perpetrators of Crimes Based on Restorative Mandala, Subianta; Suyoto , Suyoto; Dono , Agung Puspitar; Bahara , Sahaludin
International Journal of Law Social Sciences and Management Vol. 3 No. 1 (2026): International Journal of Law Social Sciences and Management
Publisher : Yayasan Meira Visi Persada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69726/ijlssm.v3i1.249

Abstract

The public demands that Polri investigators be more professional in their authority as investigators and in carrying out the investigation process for various criminal acts in Indonesia, this includes exercising the authority to carry out discretionary actions in realizing the concept of restorative justice . Restorative Justice is a model of approach in efforts to resolve criminal cases, which emphasizes the direct participation of perpetrators, victims and the community in the process of resolving criminal cases. The conceptual legitimacy of the authority of Polri institutions, including Polri Investigators, aims to ensure order and uphold the law and the maintenance of public peace in order to realize public security and order in the context of maintaining domestic security and achieving national goals by upholding just human rights. The core issue is: Why do Indonesian National Police investigations of criminals based on restorative justice require discretion? And what is the discretionary strategy for Indonesian National Police investigations of criminals based on restorative justice?
Co-Authors Akbar Hayat, Muzahid Akbar Hayat, Muzahid Bahara , Sahaludin Darwati , Darwati Dono , Agung Puspitar Herman, KMS Listiyani, Nurul Marwa, Soffa Nurlaela, Siti Chusnul Nurmawati, Bernadete Nurul Listiyani Ramadan, Tubagus Ahmad Sagalane, Andra Bani Sekararum Utami, Lili Suhendar, Tubagus Ahmad Suyoto , Suyoto