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All Journal Spektrum Hukum JURNAL USM LAW REVIEW Green Social: International Journal of Law and Civil Affairs Indonesia Media Law Review
Retno Eko Mardani
Universitas Veteran Bangun Nusantara
Law, Crime, Criminology & Criminal Justice Social Sciences

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Rekonstruksi Pembuktian Mens Rea bagi Kurir Narkoba Berdasarkan Doktrin Willful Blindness Linda Ikawati; Rengga Kusuma Putra; Satriya Nugraha; Retno Eko Mardani; Aziz Widhi Nugroho
SPEKTRUM HUKUM Vol 23, No 1 (2026): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v23i1.7124

Abstract

Narcotics law enforcement in Indonesia faces a paradoxical crisis where repressive criminal policies coexist with simplified evidence standards that often overlook the fundamental element of criminal liability: mens rea. Legal practice frequently adopts a de facto strict liability approach, where physical possession of narcotics automatically equates to guilty intent. This creates a substantive injustice, particularly for "instant couriers" who may be victims of deception (innocent agents). This research aims to reconstruct the evidentiary model of mens rea by adopting the "willful blindness" doctrine as an analytical bridge within the framework of the National Penal Code (dolus eventualis). Using a normative legal method with a conceptual and case-based approach, this study proposes a systematic reconstruction through objective indicators known as "Red Flags," such as unreasonable compensation and suspicious delivery patterns. The findings suggest that when a courier deliberately avoids confirming high-probability illegality, they should be held liable under a reconstructed mens rea standard. The implication of this study is the necessity of a standardized judicial guideline to distinguish between honest mistakes and epistemic strategies, ensuring a more proportional and human rights-oriented justice system.
Analyzing the Role of Spatial Planning Law in Promoting Social Justice and Environmental Protection for Vulnerable Urban Communities Retno Eko Mardani; Ani Purwanti; Bagus Hermanto
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 4 (2025): December: International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i4.273

Abstract

Rapid urbanization, especially in developing countries, has worsened spatial inequality and environmental degradation, impacting vulnerable urban communities living in informal settlements with limited access to services and increased environmental risks. This study examines the role of spatial planning law in promoting social justice and environmental protection in urban areas, particularly for marginalized populations. While spatial planning laws have the potential to promote equity and sustainability, inconsistent enforcement and inadequate evaluation mechanisms reduce their effectiveness. Using a qualitative legal analysis approach, the research reviews statutory frameworks, urban planning documents, and case studies to assess the practical application of these laws. Findings show that integrating spatial planning laws with social justice and environmental sustainability principles can enhance the living conditions of vulnerable communities by ensuring equitable resource access and reducing exposure to environmental hazards. However, fragmented legal frameworks, weak enforcement, and a lack of participatory planning hinder their impact. Comparing with traditional urban planning, social justice-oriented spatial planning provides more sustainable outcomes by prioritizing equity and environmental protection. The study recommends policy reforms to strengthen law enforcement, encourage inclusive decision-making, and integrate social justice and sustainability into urban planning frameworks. Further research is needed to assess the long-term impacts and role of these laws in achieving equitable urban development.
Urgency of Meaningful Participation in Law-Making Processes in the Digital Media Era Rengga Kusuma Putra; Retno Eko Mardani; Dian Ratu Ayu Uswatun Khasanah; Bagus Hermanto; Satriya Nugraha
Indonesia Media Law Review Vol. 5 No. 1 (2026): January-June, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/imrev.v5i1.48840

Abstract

Public participation is an essential element in democratic law-making, especially in the digital media era where information dissemination and public engagement occur rapidly. Despite the recognition of participation rights in Indonesia, meaningful engagement in legislative processes remains limited and largely procedural. This normative juridical study analyzes the urgency of institutionalizing meaningful public participation through the lens of digital media law. It examines the legal challenges and implications of digital participation in Indonesia. The findings reveal that while digital platforms have exponentially expanded public access to legislative discourse, current media regulations lack robust, legally binding mechanisms to ensure transparent and responsive public engagement. Consequently, digital participation is often rendered symbolic rather than substantive. The study concludes that reforming Indonesia's media law framework to establish strict digital participation standards is imperative. Strengthening these legal frameworks and digital mechanisms guarantees an inclusive, accountable, and truly meaningful democratic law-making process.
Judicial Activism and Constitutional Norm Creation in Indonesia’s 2024 Elections Retno Eko Mardani; Rengga Kusuma Putra; Fifiana Wisnaeni; Aprista Ristyawati; Satriya Nugraha
JURNAL USM LAW REVIEW Vol. 9 No. 4 (2026): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v9i4.14177

Abstract

This study aims to examine the exercise of judicial activism by the Indonesian Constitutional Court in decisions concerning the 2024 General Election, particularly its contribution to constitutional norm formation and its implications for electoral legal certainty. Employing doctrinal legal research, this study applies statutory, conceptual, and case approaches to selected Constitutional Court decisions that directly affected electoral regulation and raised questions concerning the scope of judicial authority and norm creation. The findings demonstrate that the Court’s constitutional interpretation extended beyond the conventional function of a negative legislator by modifying electoral thresholds, candidate eligibility requirements, and the institutional timing of elections. The analysis identifies four cumulative indicators through which constitutional interpretation may evolve into judicial law-making: departure from the ordinary textual meaning of legislation, formulation of standards not expressly established by the legislature, immediate normative consequences, and general binding effect (erga omnes). The novelty of this study lies in developing an integrated conceptual framework that uses these four indicators to distinguish legitimate constitutional interpretation from judicial activism and judicial norm creation within Indonesia’s constitutional system. The findings further indicate that judicial activism may strengthen constitutional rights protection and democratic participation when addressing genuine constitutional deficiencies, but excessive intervention may undermine separation of powers, legal certainty, and electoral stability. Accordingly, future constitutional adjudication in electoral matters should be grounded in constitutional text and principles, accompanied by institutional restraint and consideration of the temporal and systemic consequences of judicial intervention.
Co-Authors Ani Purwanti Aprista Ristyawati Aziz Widhi Nugroho Bagus Hermanto Fifiana Wisnaeni Khasanah, Dian Ratu Ayu Uswatun Linda Ikawati Rengga Kusuma Putra Rengga Kusuma Putra Rengga Kusuma Putra Satriya Nugraha