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All Journal JURNAL LITIGASI (e-Journal) Jambe Law Journal WAJAH HUKUM ADLIYA: Jurnal Hukum dan Kemanusiaan Jurnal Penelitian Inovatif Legal Protection for the Partnership Agreement Parties Limbago: Journal of Constitutional Law Al-Zayn: Jurnal Ilmu Sosial & Hukum Journal of International Islamic Law, Human Right and Public Policy Greenation International Journal of Law and Social Sciences Lex Scientia Law Review Indonesian Journal of Criminal Law Studies Khazanah Hukum
Adithiya Diar
Faculty Of Law, Universitas Adiwangsa Jambi
Religion Humanities Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Constitution-Based Positive Legislature: A Comparative Study of Indonesia, Bulgaria, and Mexico Diar, Adithiya; Rahman; Albi Ternando; Kurniawan, Ridha
Limbago: Journal of Constitutional Law Vol. 6 No. 1 (2026): Journal of Constitusional Law
Publisher : Universitas Jambi, Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/limbago.v6i1.57421

Abstract

This paper examines the increasing tendency of constitutional judges to function as a “positive legislature,” namely by establishing alternative normative standards rather than merely annulling illegal legislation. The paper used a comparative doctrinal methodology to analyze three jurisdictions: Indonesia's Constitutional Court, Bulgaria's Constitutional Court, and Mexico's Supreme Court. The comparison reveals that Indonesia frequently uses conditional rulings with erga omnes effects to effectively establish replacement norms; Bulgaria often mitigates normative vacuums by reviving previous rules and expansive, teleological constitutional interpretation; and Mexico enhances rights protection through the juicio de amparo and the gradual establishment of progressive, binding precedent. Based on these patterns, the article suggests a Constitutionally Guided Positive Legislature (CGPL) model that directs the creation of judicial norms through (i) structured and open normative intervention, (ii) temporary constitutional norms with clear boundaries, (iii) substantial democratic justification, and (iv) a test for the separation of powers. CGPL is meant to keep judicial lawmaking in check, ensuring it remains fair and responsible while also protecting rights, delivering real justice, and keeping democracy alive.
Reformulating the Concept of Plea Bargaining in the Criminal Justice System Following the New Criminal Code and Criminal Procedure Code Albi Ternando; Adithya Diar; Nella Octaviany Siregar; M.Havidz Aima
Greenation International Journal of Law and Social Sciences Vol. 4 No. 3 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (July - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i3.1111

Abstract

This study analyzes the regulation and formulates an ideal model for implementing plea bargaining in Indonesia’s criminal justice system following the enactment of Law Number 1 of 2023 on the Criminal Code and Law Number 20 of 2025 on the Criminal Procedure Code. The study is based on the structural inconsistency between substantive criminal law, which has shifted toward a rehabilitative paradigm, and procedural criminal law, which still reflects a retributive approach. This research uses a normative juridical method with statutory and conceptual approaches. The findings show that the regulation of plea bargaining under the 2025 Criminal Procedure Code still contains significant normative inconsistencies, particularly regarding sentencing limits, procedural stages, and the legal form of decisions in summary proceedings. In addition, the expansion of legal evidence confirms that a confession cannot be the sole basis for conviction. Therefore, plea bargaining must be reformulated not only as a mechanism for judicial efficiency but also as a legal instrument that ensures due process of law, legal certainty, protection of defendants’ rights, and harmony with restorative justice and alternative sentencing policies in Indonesia.
Analisis Yuridis Kedudukan Majelis Rakyat Papua (MRP) dalam Sistem Pemerintahan Papua Thomfi Loho; A. Zarkasi; Arfai Arfai; Adithiya Diar
Wajah Hukum Vol 10, No 1 (2026): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i1.2091

Abstract

The Papuan People's Assembly (MPR) is a cultural representation institution established within the framework of Papua's special autonomy to protect the rights of indigenous Papuans and uphold customary, religious, and women's values in regional governance. This study aims to analyze the legal standing of the MRP, the implementation of its authority, and the challenges of strengthening its role in the Papuan government system. The method used is normative legal research with a statutory, conceptual, and analytical approach. Legal materials were obtained through a literature review of relevant laws and regulations, scientific literature, and legal documents, then analyzed qualitatively through legal interpretation and juridical argumentation. The results of the study indicate that normatively, the MRP has a strategic position as a special institution that functions to provide consideration, approval, and protection for the rights of indigenous Papuans. However, in practice, the implementation of its authority has not been optimal due to its consultative nature, overlapping institutional relations, limited capacity, and the influence of politics and regional expansion policies. This study concludes that strengthening the role of the MRP requires regulatory refinement, increased institutional capacity, strengthened independence, and the establishment of more effective coordination so that the goals of special autonomy in Papua can be realized in a just and democratic manner.
Reconstructing Indonesia’s State Financial Oversight Policy Through Artificial Intelligence for an Accountable Continuous Auditing System Iskandar Zulkarnain; Fauzi Syam; A Zarkasi; Adithiya Diar
Khazanah Hukum Vol. 8 No. 3 (2026): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v8i3.54262

Abstract

The digital transformation of public administration has reshaped public financial oversight through the growing use of artificial intelligence and continuous auditing. In Indonesia, however, the legal framework for state financial oversight remains largely rooted in conventional auditing, which emphasizes periodic examination, manual verification, and retrospective accountability. This study aims to identify the normative weaknesses of Indonesia’s existing oversight framework and to formulate a policy reconstruction model for integrating artificial intelligence into an accountable continuous auditing system. This research employs a normative juridical method supported by statutory, conceptual, and limited comparative approaches. Primary materials consist of Indonesian laws and regulations on state finance and auditing, while secondary materials include scholarly literature and international reports on artificial intelligence governance, digital auditing, and public sector oversight. The findings show three main problems. First, Indonesian positive law does not yet provide an explicit legal basis for the use of artificial intelligence in public financial oversight, creating uncertainty regarding algorithmic transparency, accountability, and data protection. Second, the absence of integrated audit standards and interoperable data governance hinders the implementation of continuous auditing. Third, institutional readiness remains uneven. The Audit Board of Indonesia is relatively more prepared than the Government Internal Supervisory Apparatus, but both still face capacity and coordination constraints. The novelty of this study lies in its integration of public financial law, artificial intelligence governance, and continuous auditing into a single legal reconstruction model. The proposed model places artificial intelligence as a decision support instrument within a human-centered oversight framework, strengthens legal standards for transparency and data governance, and clarifies institutional roles. This model contributes to future legal reform and offers practical implications for more preventive, adaptive, and accountable financial governance in Indonesia  
Assessing Crime Victims’ Legal Standing in Judicial Review of Criminal Norms: A Normative Causality Model in Indonesia Adithiya Diar; Muhammad Syahlan Samosir; Alendrad Alendrad; Ferdricka Nggeboe; Saidatul Nadia Abd Aziz
Lex Scientia Law Review Vol. 10 No. 2 (2026): November, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v10i2.54416

Abstract

This article examines the legal standing of crime victims in the judicial review of criminal norms before the Constitutional Court of Indonesia. Using normative legal research with statutory, case, and conceptual approaches, it analyses constitutional provisions, criminal law and criminal procedure norms, and four selected Constitutional Court decisions concerning direct and indirect victims. The findings show that victim status alone is insufficient. Applicants must demonstrate legally relevant victim status, impairment of constitutional rights, a specific and actual or reasonably foreseeable injury, a normative causal relationship between that injury and the challenged statutory norm, and the possibility of normative remedy through constitutional adjudication. The article contributes by operationalising the established five-part doctrine of constitutional injury through a contextual normative causality framework designed for claims originating in concrete criminal events. This framework explains how factual victimisation may be translated into constitutionally cognizable injury without converting constitutional review into adjudication of individual criminal cases. Although developed from Indonesian jurisprudence, the model has broader relevance for constitutional review theory by clarifying how victim participation and access to constitutional justice may be accommodated within the institutional limits of a constitutional court. It therefore offers an analytical framework for balancing constitutional access and normative jurisdiction.
The Legal Standing of the Anak Dalam Tribe in Initiating Class Action Lawsuits Regarding Land Disputes Adithiya Diar; Amanda Dea Lestari
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.29708

Abstract

This article examines the persistent influence of legal formalism within Indonesia’s civil justice system and its implications for the protection of Indigenous Peoples’ customary land rights, particularly through class action litigation and the doctrine of legal standing. Land disputes involving Indigenous communities reflect structural injustice, as legal recognition remains heavily dependent on administrative validation rather than historical, social, and cultural realities. Consequently, Indigenous Peoples often face significant barriers in accessing justice, despite constitutional acknowledgment of their existence and rights. Using normative legal research, this study analyzes statutory frameworks, judicial decisions, and doctrinal approaches governing class actions and legal standing in Indonesia. The findings demonstrate that existing procedural mechanisms frequently marginalize Indigenous communities by imposing rigid standing requirements and evidentiary standards that are incompatible with their collective and customary social structures. Rather than functioning as instruments of empowerment, class actions often reproduce exclusion through excessive proceduralism. The study argues that Indigenous marginalization stems not from the absence of substantive rights, but from the dominance of formalistic reasoning that prioritizes administrative legality over substantive justice. To address this imbalance, the article proposes a normative reconstruction of civil procedural law, including the establishment of a lex specialis on class actions and Indigenous legal standing, the contextual reinterpretation of standing doctrines, the integration of ecological and social justice principles, and the adoption of participatory and culturally responsive judicial approaches. These reforms are essential to ensure equitable access to justice within Indonesia’s plural legal system.
PROVING BRIBERY AGREEMENTS IN CORRUPTION CASES IN JAMBI CITY Adithiya Diar
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Bribery proceedings require an evidentiary assessment of the relationship between a gift or promise, the parties involved, and the exercise of public office. Difficulties arise when communications are indirect, payments pass through intermediaries, or the alleged arrangement is inferred from circumstances. This article examines the legal framework for proving bribery agreements in corruption cases within the institutional setting of Jambi City. It employs normative legal research using statutory and conceptual approaches, supported by constitutional jurisprudence and scholarship available through 2023. The analysis distinguishes an agreement as a factual explanation of a corrupt transaction from criminal conspiracy under Article 15 of the Corruption Eradication Law. It also demonstrates that a bilateral agreement cannot be imposed as an additional element of every bribery offence. Evidentiary assessment must follow the particular provision charged and connect the relevant conduct, purpose, knowledge, and official function. Witness testimony, financial records, electronic communications, and official documents should be evaluated together while preserving their distinct evidentiary roles. The article proposes a structured framework for evaluating allegations in Jambi City. Reliable adjudication requires lawful evidence acquisition, authentication, individual attribution, and explicit reasoning about competing explanations.
IMPOSING REPLACEMENT PAYMENTS AS AN ADDITIONAL PENALTY IN CORRUPTION CASES IN JAMBI CITY Adithiya Diar
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Replacement payments constitute an additional criminal penalty intended to deprive offenders of property obtained through corruption. Their application requires careful differentiation between criminal proceeds, state financial losses, fines, confiscated assets, and funds deposited before a judgment becomes final. This article examines the determination and enforcement of replacement payments in corruption proceedings within the institutional setting of Jambi City. It employs normative legal research through statutory and conceptual approaches, supported by academic literature and a publicly available prosecutorial document issued in 2024. The analysis demonstrates that replacement payments cannot automatically equal the total state financial loss. Their calculation must follow the applicable statutory ceiling, account for relevant recovered property, and explain the attribution of liability among defendants. Enforcement also requires a clear distinction between voluntary payment, seizure and auction, and substitute imprisonment. An official Jambi publication illustrates the importance of recording pre-judgment deposits separately from executed judicial obligations. The article proposes a coordinated framework connecting evidentiary assessment, reasoned sentencing, and documented execution. Effective implementation depends on legally justified calculations, early asset tracing, protection of third-party rights, and accurate reconciliation of amounts recovered.
CRIMINAL LIABILITY FOR CORRUPTION IN GOVERNMENT PROCUREMENT IN JAMBI CITY Adithiya Diar
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 1 (2025): March
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Government procurement connects public expenditure with the delivery of essential goods, infrastructure, and services. Corruption within this process raises questions about how criminal responsibility should be attributed among public officials, suppliers, intermediaries, and corporations. This article examines the legal requirements for establishing criminal liability in government procurement in Jambi City under the Indonesian legal framework applicable through 2025. It employs normative legal research using statutory and conceptual approaches, supported by judicial interpretation and relevant scholarship. The analysis distinguishes procurement irregularities, contractual non-performance, and conduct satisfying the elements of corruption offences. It argues that responsibility must be established through an individual assessment of unlawful conduct, culpability, participation, and the requirements of the particular offence charged. Actual state financial loss is necessary for offences under Articles 2(1) and 3 of the Corruption Eradication Law, while bribery offences require a different evidentiary inquiry. Corporate responsibility also demands an examination of organisational involvement rather than reliance solely on a director’s position. The article proposes a procurement-stage accountability framework for application in Jambi City. Effective enforcement requires precise offence classification, reliable evidence, proportionate sanctions, and coordinated financial recovery.
PROVING ABUSE OF AUTHORITY IN CORRUPTION CASES IN JAMBI CITY Adithiya Diar
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Proving abuse of authority in corruption cases requires more than establishing an administrative irregularity or a loss to public finances. This article examines the evidentiary relationship between official authority, its alleged misuse, the purpose of benefiting a person or corporation, and the resulting financial consequences, with Jambi City as the institutional context. Normative legal research employs statutory and conceptual approaches, supported by constitutional jurisprudence, scholarly publications, and official local documentation. The analysis considers the transition from Article 3 of the Anti-Corruption Law to Article 604 of the Criminal Code and the procedural framework applicable in 2026. It finds that proof must identify the defendant’s authority, the specific departure from its lawful exercise, the required beneficial purpose, and the causal connection with actual loss. Administrative findings and audit reports are relevant but do not independently establish every criminal element. The article develops an evidentiary matrix connecting each proposition with supporting material and alternative explanations. It concludes that element-specific reasoning strengthens corruption enforcement while preventing automatic attribution of guilt from officeholding, procedural defects, or adverse financial outcomes. The findings are doctrinal rather than an empirical evaluation of Jambi court decisions.
Co-Authors A Zarkasi A Zarkasi Abd Aziz, Saidatul Nadia Albi Ternando Alendrad Alendrad Alifri, Aqshal Habibillah Amanda Dea Lestari Arfai Beny Saputra Billy Bintang, Muhammad Dimas Tri Wicaksono Fauzi Syam Febrian Chandra Ferdricka Nggeboe Fitri Handayani Friyandi Prasetya Harmaini HARTATI Hartati Hartati Helmi Iskandar Zulkarnain M.Havidz Aima Muhammad Syahlan Samosir Munandar, Tri Imam Nella Octaviany Siregar Niken Putri Lestari Qurochman, Taufik Raga Rahman Ridha Kurniawan Rr. Rina Antasari Saidatul Nadia Abd Aziz Saidatul Nadia Abd Aziz Sayuti Sayuti Thomfi Loho Zarkasi