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All Journal Journal of Comprehensive Science Edunity: Kajian Ilmu Sosial dan Pendidikan Journal Research of Social Science, Economics, and Management Jurnal Pendidikan Indonesia (Japendi) JUDGE: Jurnal Hukum Jurnal Pengabdian Masyarakat dan Riset Pendidikan Sultan Adam : Jurnal Hukum dan Sosial Cognitionis Civitatis et Politicae Journal of Multidisciplinary Sustainability Asean
Zainal Arifin Hoesein
Universitas Borobudur
Humanities Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Social Sciences Other

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Reforming the Legal Regulation of the Indonesian National Armed Forces’ Involvement in Handling National Cyber Threats Based on Legal Certainty and Democratic Rule of Law Principles Agusra Yendri; Zainal Arifin Hoesein
SULTAN ADAM: Jurnal Hukum dan Sosial Vol 4 No 2 (2026): Juli-Desember 2026
Publisher : Yayasan Pendidikan Tanggui Baimbaian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71456/sultan.v4i2.2211

Abstract

The development of information technology has given rise to cyber threats as a form of non-conventional threat that has the potential to disrupt national sovereignty, security, and defense. This study seeks to analyze the legal framework of the Indonesian National Armed Forces' involvement in responding to national cyber threats, assess the extent to which the current framework provides legal certainty, and develop recommendations for legal reform consistent with the principles of legal certainty and a democratic rule-of-law state. The research method employed is normative juridical, with both legislative and conceptual approaches. The results indicate that current legal regulations do not explicitly address cyber threats as a national defense threat, do not provide a legal definition of cyber warfare, and do not clearly define the limits of the Indonesian National Armed Forces' authority in cyber defense operations. This situation creates a legal vacuum, overlapping authority between institutions, and legal uncertainty in addressing national cyber threats. Legal reform is needed through the reconstruction of regulations governing cyber threats as a national defense threat, affirmation of the Indonesian National Armed Forces' authority in cyber defense operations, strengthening inter-institutional coordination mechanisms, and establishing a system of oversight and accountability that guarantees the protection of human rights and the principle of civil supremacy in a democratic state governed by the rule of law.
Reconstruction of the Limits of Advocates' Immunity Rights in Assistance in Corruption Cases to Prevent Professional Abuse and Ensure Legal Certainty Chitto Cumbhadrika; Zainal Arifin Hoesein
SULTAN ADAM: Jurnal Hukum dan Sosial Vol 4 No 2 (2026): Juli-Desember 2026
Publisher : Yayasan Pendidikan Tanggui Baimbaian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71456/sultan.v4i2.2212

Abstract

This study aims to analyze the problematic regulation of advocate immunity rights in assisting corruption cases and formulate a reconstruction of the limits of advocate immunity rights based on legal certainty. The study uses a normative juridical method with a statutory and conceptual approach. The results of the study indicate that the regulation of advocate immunity rights, as regulated in Article 16 of Law Number 18 of 2003 concerning Advocates and Constitutional Court Decision Number 26/PUU-XI/2013, still contains unclear norms, particularly regarding the phrase "good faith" and the limits of professional actions that receive legal protection. This situation creates legal uncertainty and opens opportunities for abuse of the advocate profession in cases of corruption, including bribery, obstruction of justice, money laundering, concealment of assets obtained through corruption, and witness tampering. The proposed legal reconstruction involves formulating indicators of good faith, affirming the limits of the legal profession, adopting the concept of the crime-fraud exception, and amending Article 16 of the Advocates Law to emphasize that the right to immunity does not apply to actions taken by advocates to commit, assist, facilitate, or conceal corruption. This reconstruction aims to balance the independence of the legal profession with effective corruption eradication to ensure legal certainty, justice, and benefit.
Updating the Legal Regulations on Land Acquisition for Public Interest in Achieving a Balance between the Protection of Community Rights and the Acceleration of National Development Hendro Widodo; Zainal Arifin Hoesein
SULTAN ADAM: Jurnal Hukum dan Sosial Vol 4 No 2 (2026): Juli-Desember 2026
Publisher : Yayasan Pendidikan Tanggui Baimbaian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71456/sultan.v4i2.2213

Abstract

This study aims to analyze the legal provisions for land acquisition for public interest in the Indonesian legal system, identify various legal problems that have resulted in the lack of balance between the protection of community rights and the acceleration of national development, and formulate a concept for equitable legal reform as a form of ius constituendum. The study uses a normative juridical method with a statutory and conceptual approach. The results of the study indicate that although land acquisition regulations have been regulated through Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest as adjusted through Law Number 6 of 2023 and Government Regulation Number 19 of 2021, in practice, various problems are still found in the form of an imbalance in the bargaining position between the government and the community, limited community participation, compensation disputes, the use of consignment mechanisms that have the potential to reduce the protection of community rights, and suboptimal protection for vulnerable groups. Legal reform is needed through strengthening the principle of meaningful participation, refining compensation mechanisms to cover both physical and non-physical losses, limiting the use of consignment, and harmonizing the public interest and human rights protection to create a land acquisition system that is fair, legally certain, and supports sustainable national development.
Legal Reform on the Supervisory Mechanism of Supreme Court Judges in Realizing Accountable Judicial Independence Based on Legal Certainty Ismu Bahaiduri Febri Kurnia; Zainal Arifin Hoesein
SULTAN ADAM: Jurnal Hukum dan Sosial Vol 4 No 2 (2026): Juli-Desember 2026
Publisher : Yayasan Pendidikan Tanggui Baimbaian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71456/sultan.v4i2.2214

Abstract

This study aims to analyze the legal provisions of the Supreme Court's supervisory mechanism, identify problems that hinder the realization of accountable judicial independence, and formulate legal reforms for the supervision of Supreme Court judges based on legal certainty. The study uses a normative juridical method with a statutory and conceptual approach. The findings of the study suggest that the oversight of Supreme Court judges is governed by the 1945 Constitution of the Republic of Indonesia, the Law on Judicial Power, the Law on the Supreme Court, and the Law on the Judicial Commission. This oversight is implemented through both internal and external supervisory mechanisms. However, various problems remain in the form of overlapping authority between the Supreme Court and the Judicial Commission, unclear boundaries between ethical and technical judicial supervision, weak institutional coordination, and less than optimal effectiveness of follow-up on supervisory results, resulting in legal uncertainty and declining public trust in the judiciary. Legal reforms need to be carried out through regulatory harmonization, affirmation of the division of supervisory authority, strengthening the position of Judicial Commission recommendations, increasing transparency of the supervisory process, and establishing an integrated supervisory system capable of maintaining a balance between the independence and accountability of judges. These reforms are expected to strengthen judicial integrity and ensure legal certainty in the administration of judicial power.
Legal Reconstruction of the Notary Supervision Mechanism in Preventing Document Forgery as a Basis for Making Authentic Deeds in Indonesia Kartika; Zainal Arifin Hoesein
SULTAN ADAM: Jurnal Hukum dan Sosial Vol 4 No 2 (2026): Juli-Desember 2026
Publisher : Yayasan Pendidikan Tanggui Baimbaian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71456/sultan.v4i2.2216

Abstract

This study aims to analyze the legal framework governing the notary supervision mechanism in preventing document forgery as the basis for the preparation of authentic deeds in Indonesia, identify legal weaknesses in the current supervision system, and formulate a legal framework capable of ensuring legal certainty. The study employs a normative legal methodology using both a statutory and a conceptual approach. The findings reveal that notary supervision is regulated under Law No. 2 of 2014 on the Office of the Notary through the Supervisory Board and the Notary Honorary Board; however, it has not yet been able to effectively prevent the use of forged documents in the preparation of authentic deeds. These weaknesses include a lack of regulations regarding legal due diligence, unclear obligations regarding document verification, the absence of national standards for document authenticity checks, limited notary access to government databases, and a supervisory system that remains repressive in nature. The proposed legal reforms include strengthening identity and document verification requirements, regulating notary legal due diligence, integrating the notary system with the national database, developing an electronic verification system, implementing an early warning system, and establishing a cyber notary supervision model. These reforms are expected to strengthen legal certainty, legal protection, and the effectiveness of notary supervision in the face of digital technology advancements and the increasing number of document forgery cases.
Legal Reconstruction of the Oversight of Government Officials’ Discretion in the Context of Preventing Abuse of Authority and Safeguarding the Public Interest I Made Juni Artawan; Zainal Arifin Hoesein
SULTAN ADAM: Jurnal Hukum dan Sosial Vol 4 No 2 (2026): Juli-Desember 2026
Publisher : Yayasan Pendidikan Tanggui Baimbaian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71456/sultan.v4i2.2217

Abstract

This study aims to analyze the regulation and implementation of discretionary supervision of government officials in the Indonesian state administrative law system, identify problems that hinder the effectiveness of preventing the abuse of authority, and formulate a legal reconstruction model for discretionary supervision to provide optimal protection of the public interest. The study uses a normative juridical method, employing a statutory and conceptual approach through analysis of laws and regulations, doctrines, and theories of state administrative law. The results of the study indicate that discretionary supervision still faces various problems in the form of unclear parameters for abuse of authority, overlapping authority between the Government Internal Supervisory Apparatus (APIP), the Ombudsman of the Republic of Indonesia, the State Administrative Court, and law enforcement officials, and a lack of integration of the supervisory system that causes legal uncertainty. These conditions have the potential to lead to maladministration, state losses, and violations of public rights. The proposed legal reconstruction is carried out through strengthening preventive supervision, harmonizing the authority of supervisory institutions, establishing clear indicators regarding abuse of authority, providing legal protection for officials who act in good faith, and developing an information technology-based supervisory system. This model is expected to be able to realize legal certainty, justice, benefit, and protection of public interests in the administration of government.
Reformulation of Virtual Advocate Regulations in a Legal Certainty-Based Digital Legal Services System in Indonesia Rusdi; Zainal Arifin Hoesein
SULTAN ADAM: Jurnal Hukum dan Sosial Vol 4 No 2 (2026): Juli-Desember 2026
Publisher : Yayasan Pendidikan Tanggui Baimbaian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71456/sultan.v4i2.2218

Abstract

The development of Legal Technology (LegalTech) and Artificial Intelligence has driven the transformation of legal services towards virtual advocacy practices. However, the Indonesian legal system does not yet have regulations that specifically regulate the concept, scope, service standards, or responsibilities of the virtual advocacy profession, resulting in a legal vacuum and uncertainty in the provision of digital legal services. This study aims to analyze the legal vacuum surrounding virtual advocacy and formulate a concept for reforming these regulations based on legal certainty in Indonesia. The study employs a normative juridical method with a statutory and conceptual approach. Legal materials are analyzed prescriptively through grammatical, systematic, and teleological interpretations. The results show that Law Number 18 of 2003 concerning Advocates, Law Number 1 of 2024 concerning Electronic Information and Transactions, Law Number 27 of 2022 concerning Personal Data Protection, and the Indonesian Advocates Code of Ethics do not yet accommodate virtual advocacy practices. The proposed reforms include establishing a legal definition for virtual advocates, setting limits on the use of Artificial Intelligence, electronic identification standards, client data protection, transparency in technology use, professional accountability mechanisms, and regulatory harmonization to ensure legal certainty in digital legal services.
Legal Reform of Police Investigation Oversight in Realizing Accountable Law Enforcement Based on the Principles of Legal Certainty and Justice Yudi Bintoro; Zainal Arifin Hoesein
SULTAN ADAM: Jurnal Hukum dan Sosial Vol 4 No 2 (2026): Juli-Desember 2026
Publisher : Yayasan Pendidikan Tanggui Baimbaian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71456/sultan.v4i2.2221

Abstract

This study aims to analyze the regulation and implementation of police investigation supervision in the Indonesian criminal justice system, identify legal weaknesses that hinder the realization of accountable law enforcement, and formulate a concept for legal reform of investigative supervision based on legal certainty and justice. The study employed a normative juridical method with a statutory and conceptual approach. The results indicate that current investigative supervision still faces various problems, including disharmony of regulations in the Criminal Procedure Code (KUHAP), the Police Law, and internal police regulations, limited authority of external supervisory institutions, weak independence of internal supervision, lack of integration of oversight mechanisms, and suboptimal use of technology in investigative supervision. These conditions have implications for continued abuse of authority, wrongful arrests, criminalization, non-transparent case terminations, and a high number of public complaints regarding the investigative process. Legal reform is needed through strengthening the authority of the National Police Commission (Komisi Nasional Polisi) as an independent supervisory institution, integrating internal and external supervision, implementing surveillance technology such as body-worn cameras and digital recordings of examinations, and establishing national standards for investigative accountability to achieve transparent, accountable, just, and legal certainty in law enforcement.
Co-Authors Abidin Fikri Adi Purnomo Santoso Adillah Yuswanti Adolf Theodore B. Simanjuntak Agusra Yendri Andin Wisnu Sudibyo Aziz Imam Hanafi Cepi Hendrayani Chitto Cumbhadrika Dannie Chaeruddin Dicki Agri Kurniawan Hendro Widodo I Made Juni Artawan Ismu Bahaiduri Febri Kurnia Kartika Kartika Kartika Ridwan Anthony Taufan Rika Noviantini Rommy Sebastian Ruddy Ricardo Rompas Rusdi Safriansyah Yanwar Rosyadi Selviana Teras Widy Rahayu Wahyu Widodo Yovid Yudi Bintoro