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All Journal Jurnal Hukum Progresif Jurnal Cakrawala Hukum Widya Yuridika BHIRAWA LAW JOURNAL
Mulyono, Galih Puji
Faculty of Law University of Merdeka Malang
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Perkembangan Kedudukan Perempuan dalam Pewarisan Hukum Adat Batak Toba di Kota Malang Lumban Gaol, Sastra Gunawan; Budiastanti, Dhaniar Eka; Shanty, Wika Yudha; Ariyanti, Ariyanti; Mulyono, Galih Puji
Bhirawa Law Journal Vol 5, No 1 (2024): May 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i1.12955

Abstract

The Indonesian nation has a wealth of customs which form a strong identity in the lives of its people. One custom that has its own characteristics is the Toba Batak tradition, especially in terms of dividing inheritance. In the Toba Batak traditional inheritance system, the distribution of inheritance traditionally prioritizes sons. This is different from the provisions in the Indonesian Civil Code (KUHPerdata) which equalize inheritance rights between sons and daughters. This research uses empirical legal research methods which aim to examine the position of girls in Toba Batak traditional inheritance law in Malang City, as well as to identify factors that influence changes in perspectives on girls' inheritance rights. Apart from that, this research also seeks to understand the mechanism for resolving traditional inheritance disputes carried out by Toba Batak traditional leaders. The research results show that although the Toba Batak community in Malang City still adheres to a patrilineal system, there has been significant development in recognizing the inheritance rights of girls. Girls are now starting to get equal inheritance rights with boys, especially for property obtained from their own hard work. Efforts to resolve traditional inheritance disputes by Toba Batak traditional leaders in Malang City also show an effort to bridge traditional values with modern realities, creating harmony between customary law and state law.
Kedudukan Hukum Adat: Sebuah Perbandingan Hukum Positif di Beberapa Negara Mulyoto, Galih Puji; Mulyono, Galih Puji; Laila, Khotbatul; Budiastanti, Dhaniar Eka; Bidasari, Anindya; Wisuda, Selvia
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4569

Abstract

The existence of customary law in positive law often creates ambiguity in the implementation of law enforcement and legal sources. There is a problem here with this principle placing customary law as a source of law. The purpose of this paper is to provide input on the position of customary law in positive law in Indonesia by comparing several Anglo-Saxon and civil law countries. This research method uses normative legal research with a comparative approach. The results and discussion in this study describe the position of customary law in Indonesia, the Philippines, Malaysia, and Brunei Darussalam. The positive laws of these countries regulate the position of customary law in its position as a source of law and law enforcement. Customary law in the Philippines is a dispute resolution tool related to community problems with customary law so that there is no overlap in the enforcement of laws and regulations. Customary law in Malaysia is not codified in the customary law, it is codified in the law. Courts do not play a role in the development of customary law. Customary law is also developed by the courts. Positive law that applies to all society positive law applies to all society. Brunei Darussalam still lives in society and is still widely used positive law is the law that applies to all communities and customary law is the main source of law in Brunei Darussalam.
Implementation of Diversion in Methamphetamine-Type Drug Crimes by Children Hajar, Ayu Lailatul; Mulyono, Galih Puji; Suratman, Teguh; Sutrisno, Andri
Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i1.14277

Abstract

This study examines various prevention efforts and efforts to overcome narcotics type metamfetamine in children by implementing diversion. The problems studied are related to the realm of the police in providing diversion to children who commit the crime. What challenges are faced by the police in providing diversion as an effort to overcome narcotics among children. This study uses an empirical research type with a juridical-sociological approach to see the role of the police in providing diversion to children who commit narcotics crimes. The types of data used are primary data and secondary data. Data collection techniques use interviews and document studies with selected quality data that is relevant to the problems raised. Data analysis used qualitative descriptive analysis. Based on the results of the analysis, the police’s considerations in providing diversion to children because they see external and internal factors from the child. The role of the police is very important to help handle children in conflict with the law, the police in carrying out their duties are partly successful and partly not in resolving the problem of narcotics crimes in children by implementing the principle of diversion.How to cite item: Hajar, A., Mulyono, G., Suratman, T., & Sutrisno, A. “F Implementation of Diversion in Methamphetamine-Type Drug Crimes by Children.” Jurnal Cakrawala Hukum 15 no. 1 (2024): 37-48. DOI: 10.26905/idjch.v15i1.14277.
Breakthrough of the Positivism Paradigm in Judge's Decisions as a Form of Reflection of Justice Values Eviani, I Gusti Ayu; Windraswara, Juniardi; Jaedin; Abdurrahman, Alif; Mulyono, Galih Puji
Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i2.14495

Abstract

This research aims to analyze the Ferdy Sambo case through the lens of positivist thinking, which emphasizes facts and empirical evidence in the law enforcement process. This case became the public spotlight because it involved members of the police, the alleged motive for planning the loss of life was complex, and where there was a disparity in punishment between the decisions of the South Jakarta District Court and the DKI Jakarta High Court which imposed the death penalty. At the same time, the Supreme Court reduced the sentence to life imprisonment. This research uses normative legal research methods, emphasizing the study of legal norms or doctrine to uncover alternative interpretations and provide insight into specific issues. This research uses two methodologies: a legislative approach, which focuses on legal norms or laws, a conceptual approach, and a case approach, which examines the Supreme Court's decision with the defendant Fredy Sambo. The results of this research discuss legal analysis by exploring the implications of the approach to the value of legal certainty and justice in the context of cases involving judicial power. This research also uses an approach from a positivist perspective. Through this approach, analysis is carried out on the investigation process, the evidence presented in court, how the legal system handles this case, and the sentence imposed by the judge.
Tension Between Digital Legality Principle and Humanistic Punishment in Indonesian Criminal Code Mulyono, Galih Puji; Nawawi Arief, Barda; Rozah, Umi
Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i3.16936

Abstract

The Indonesian National Criminal Code (Law No. 1 of 2023) introduces two fundamental changes to Indonesian criminal law: the expansion of the legality principle from a purely formal dimension to a material one by recognizing living law within society (Article 2), and the formulation of humanistic sentencing purposes that place human dignity as the ethical boundary of punishment (Articles 51–52). This article examines the tension between these two pillars in the context of digital crimes including personal data misuse, doxing, deepfake exploitation, and online gender-based violence which inherently evolve faster than legislative responses. Employing a normative legal research method with statutory, conceptual, and limited comparative approaches, this study finds that the expansion of the material legality principle does not automatically address cross-border and highly technical digital crimes, while the strict prohibition of analogy risks rendering criminal law unable to keep pace with emerging cyber-criminal modalities. To resolve this tension, this article proposes the concept of "humanistic digital legality principle," which rests on three dimensions: the protection of human dignity as a guiding principle for teleological-protective interpretation, technology-neutral norm drafting that meets the standard of foreseeability, and the integration of the National Criminal Code's value framework with special legislation on digital crimes.
INTEGRATING PANCASILA JUSTICE IN SENTENCING BALINESE CUSTOMARY CRIMES: TOWARD AN INTEGRATIVE MODEL UNDER INDONESIA’S NEW CRIMINAL CODE Mulyono, Galih Puji; Putri, Ni Luh Putu Alfina; Rifandhana, Raditya Feda; Douglas, Heather
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.84-121

Abstract

This study critically examines the integration of Balinese customary criminal law, specifically the delict of Lokika Sanggraha, within Indonesia’s formal criminal justice system under the recent National Criminal Code (Law Number 1 of 2023). Lokika Sanggraha, codified in Article 359 of the Adhigama Code, addresses cases in which a man engages in sexual relations under a promise of marriage but subsequently abandons the pregnant woman. Historically, the colonial-era Criminal Code lacked provisions for such scenarios, necessitating the judicial incorporation of living law (customary law) to fill normative gaps. The Denpasar District Court Decision Number 997/Pid.Sus/2019/PN Dps exemplifies judicial engagement with customary law, where the court applied the Adhigama Code in conjunction with Emergency Law Number 1 of 1951, resulting in a custodial sentence for the perpetrator. This case illustrates the tension between formal legal codification and living law, highlighting both progressive impulses and limitations in sentencing, notably in addressing the multidimensional harm to victims. Using a combined methodological approach—including statutory, case, and conceptual analyses—this research evaluates the decision through Pancasila justice dimensions, progressive legal theory, restorative justice, and legal pluralism frameworks. It further introduces an Integrative Sentencing Model that operationalizes the principles of proportional punishment, customary obligation fulfillment, victim compensation, and child protection under the National Criminal Code. Comparative analysis with Supreme Court Decision No. 1644 K/Pid/1988 and the codified Sharia-based system of Aceh demonstrates the spectrum of judicial approaches to customary law, informing a hybrid framework that balances formal adjudication with culturally embedded restorative mechanisms. The study concludes that while recognition of living law has advanced constitutionally, effective operationalization requires judicial capacity building, coordination with customary institutions, and robust procedural safeguards to ensure substantive justice. The proposed Integrative Sentencing Model provides a practical roadmap for aligning customary practices with formal legal standards, advancing human rights, gender justice, and restorative outcomes within Indonesia’s pluralistic legal landscape.
Co-Authors Abdurrahman, Alif Andri Sutrisno Barda Nawawi Arief, Barda Bidasari, Anindya Budiastanti, Dhaniar Eka Douglas, Heather Eviani, I Gusti Ayu Galih Puji Mulyoto Hajar, Ayu Lailatul Jaedin Laila, Khotbatul Lumban Gaol, Sastra Gunawan Mega Fatimah Rosana Putri, Ni Luh Putu Alfina Raditya Feda Rifandhana, Raditya Feda Umi Rozah Wika Yudha Shanty, Wika Yudha Windraswara, Juniardi Wisuda, Selvia