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All Journal Baileo: Jurnal Sosial Humaniora Jurnal Dinamika Hukum
Dian Arlesti Lukman
Universitas Brawijaya, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Nature of Homeless Media in Law No. 40 of 1999 on the Press: A Perspective from the Theory of Legal Certainty Dian Arlesti Lukman; Prija Djatmika; Bambang Sugiri; Yuliati Yuliati
Baileo: Jurnal Sosial Humaniora Vol 3 No 3: May 2026
Publisher : Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/baileofisipvol3iss3pp866-873

Abstract

This article examines the nature of homeless media in Law No. 40 of 1999 on the Press through the perspective of legal certainty theory. The research method used is normative legal research with legislative, conceptual, and comparative approaches. The results show that homeless media media entities that substantively perform journalistic functions but lack formal legal status under the Press Law are essentially entities experiencing normative dissonance: their functional capacity as journalistic actors exceeds the available legal recognition. This dissonance stems from three structural weaknesses in the Press Law: the institutional bias of the legal entity requirement in Article 9(2), the temporal limitations of the 1999 regulation, and the absence of a mechanism for gradual recognition. Using Fuller’s eight criteria of the “inner morality of law” as an analytical framework, this study identifies that these conditions violate the criteria of generality, clarity, and congruence, resulting in three-dimensional legal uncertainty: regarding rights, obligations, and dispute resolution forums. This study concludes that the issue of “homeless media” is fundamentally a regulatory failure to respond to the diversity of the digital media ecosystem, not merely a matter of non-compliance by media actors. A reformulation of the Press Law that prioritizes a recognition-based approach grounded in journalistic functions is an urgent constitutional necessity.
Advancing the Protection of Child Victims of Crime: A Comparative Study of Indonesia and the Philippines Erly Pangestuti; Dian Arlesti Lukman; Retno Sari Dewi; Jessica Mae S. Monzon
Jurnal Dinamika Hukum Vol 26 No 1 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.1.18570

Abstract

The protection of children as victims of crime remains one of the major challenges in modern child protection legal framework systems, particularly in developing states such as Indonesia and the Philippines. Although both states have constitutional commitments and national policies aimed at safeguarding children’s rights, the implementation of protection for child victims often encounters structural, cultural, and institutional obstacles. This article examines the role of child protection legal framework in strengthening the protection of child victims through a comparative analysis of legal frameworks, policies, and law enforcement practices in both states. The study employs a comparative legal research method by analyzing relevant legislation, jurisprudence, and public policies on child protection. The findings indicate that Indonesia and the Philippines both possess a strong legal foundation for child protection, as reflected in the Child Protection Law of 2002 (amendment 2014 and 2016) and the Philippines’ Republic Act No. 7610 of 1992. However, the effectiveness of implementation remains limited due to inadequate inter-agency coordination, resource constraints, and a lack of sensitivity among law enforcement officials toward child victims. This study underscores that child protection legal framework plays a crucial role not only as a normative regulatory instrument but also as a means of social engineering that promotes justice and the well-being of child victims of crime. The main recommendations include strengthening institutional capacity, enhancing training for law enforcement personnel, and harmonizing cross-sectoral policies to achieve more effective and sustainable child protection.
Co-Authors Bambang Sugiri Erly Pangestuti Jessica Mae S. Monzon Prija Djatmika Retno Sari Dewi Yuliati Yuliati