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Jurnal Hukum Progresif
Published by Universitas Diponegoro
ISSN : 18580254     EISSN : 26556081     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Progressive Law journal is a container and pouring the idea of progressive legal thought. published 2 (two) times a year in April and October. Editors receive, edit and publish manuscripts that meet the requirements. Editors are not responsible for the content of published manuscripts.
Arjuna Subject : Umum - Umum
Articles 7 Documents
 1 
Search results for , issue "vol 14, no 1 (2026): april 2026" : 7 Documents clear
UNHCR AND ROHINGYA REFUGEES IN ACEH: HUMANITARIAN INTERVENTIONS AMIDST COORDINATION AND SUSTAINABILITY CHALLENGES Sutrisno, Andri; Wendra, Muhammad; Annas, Muhammad
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.14.1.49-83

Abstract

Since 2017, military operations in Myanmar, justified as responses to attacks by Rohingya insurgent groups, have resulted in large-scale ethnic cleansing, forcing over 700,000 Rohingya to flee to neighboring countries, including Indonesia. Aceh, in particular, has become a significant destination due to its historical role as a refuge for displaced populations. The influx of refugees presents substantial challenges for local authorities and humanitarian organizations in meeting essential needs such as food, healthcare, and education. The United Nations High Commissioner for Refugees (UNHCR) has played a central role in responding to this humanitarian crisis by providing assistance and protection to Rohingya refugees in Aceh. Working closely with the Government of Indonesia and local non-governmental organizations (NGOs), UNHCR strives to uphold refugees’ fundamental rights and to mobilize international support effectively. Its interventions include the provision of basic necessities, access to healthcare services, educational programs, and efforts to facilitate integration into the local community where feasible. Despite these comprehensive efforts, significant challenges persist. Coordination among various actors—including government agencies, NGOs, and international donors—is often complex, resulting in gaps or overlaps in service delivery. Additionally, the sustainability of support remains a critical concern, as protracted displacement requires long-term planning, continuous funding, and consistent monitoring. This study focuses on two main issues: the role of UNHCR in delivering assistance and protection to Rohingya refugees in Aceh, and the challenges the agency faces in fulfilling its protection mandate. Employing doctrinal legal research, the study emphasizes international legal frameworks governing refugee protection and state responsibility. The findings indicate that while UNHCR has made substantial efforts to address immediate humanitarian needs, persistent challenges in coordination and sustainability must be addressed. Strengthening these areas is essential to ensure that the protection, welfare, and rights of Rohingya refugees are maintained effectively and sustainably over the long term.
BALANCING VIRALITY AND PROCEDURAL JUSTICE: LAW ENFORCEMENT CHALLENGES IN THE INDONESIAN DIGITAL ERA Muksin, Muchlas Rastra Samara; Suprihanto, Agus; Musashi, Ota
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.14.1.241-268

Abstract

The digital era has significantly transformed the dynamics of law enforcement in Indonesia, particularly through the widespread use of social media. The phenomenon of “No Viral, No Justice” illustrates a growing trend where public pressure via social media accelerates legal processes, whereas cases lacking online attention often face delays or neglect. This study examines how social media virality influences criminal case handling, highlighting both normative and empirical dimensions of justice. Drawing on doctrinal legal research, statutory analysis, and case studies, the research identifies the paradox inherent in digital oversight: while virality can enhance transparency and accountability, it may also compromise the principles of due process, presumption of innocence, and equality before the law. The study reveals that the spread of information on digital platforms can shape public opinion, sometimes creating trial by media, misinformation, and populist pressure, which can distort substantive justice. Furthermore, virality often favors emotionally charged or dramatic cases, producing a hierarchy of attention that undermines equitable access to justice. To address these challenges, the study recommends integrated digital reporting systems, objective case prioritization based on urgency and impact, ethical guidelines for communication, and strengthening the professionalism of law enforcement. By balancing public participation with procedural integrity, the legal system can leverage social media as a tool for oversight without sacrificing fairness or judicial independence. This research contributes to legal scholarship by providing an operational analysis of the interaction between digital social control and criminal justice, emphasizing the need for adaptive policies that preserve fundamental legal principles while accommodating the realities of the digital public sphere. Ultimately, the findings underscore that justice should remain a guaranteed right for every citizen, independent of the popularity of cases in the digital space, ensuring fairness, transparency, and accountability in law enforcement.
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.
TOWARD AN INCLUSIVE PAPUA: HARMONIZATION OF INDIGENOUS LEGAL VALUES AND GENDER EQUILITY PRINCIPLES IN WOMEN’S EMPOWERMENT Suherman, Heru Andryana; Wulansari, Fadillah; Heryanto, Bambang; Lubis, Hera Fauziah
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.14.1.122-166

Abstract

Papua, a region rich in cultural heritage and indigenous legal systems, faces persistent challenges in achieving gender equality and empowering women. Despite their significant contributions to socio-economic life, particularly in agriculture, natural resource management, and local trade, Papuan women remain marginalized within customary decision-making structures and formal political institutions. This study explores the intersection of indigenous legal values and gender equality principles in Papua, focusing on the need for legal harmonization to promote women’s empowerment. Gender inequality in Papua is rooted in entrenched patriarchal values that place women in subordinate roles, limiting their access to education, economic resources, and decision-making opportunities. Legal pluralism, where customary law coexists with national laws, often reflects conflicting norms that hinder women’s rights and participation. The research advocates for a dialogical, participatory approach to legal reform, where customary values are interpreted in ways that support gender equality, without undermining local wisdom. Empowerment strategies, including legal education, economic development programs, and policy reforms, are essential to ensure that Papuan women can actively participate in societal transformation. The study emphasizes the importance of inclusive policy-making, gender-sensitive legal frameworks, and community involvement in achieving sustainable development and social justice. By integrating gender equality principles into Papua’s legal systems, both customary and state law, the region can move towards a more inclusive and just society. Women’s empowerment is not only crucial for gender justice but also serves as a key driver of economic growth and sustainable development. This study ultimately calls for a comprehensive approach to harmonizing indigenous legal systems with national principles of gender equality, ensuring that Papuan women are not only recognized for their contributions but also given the opportunity to shape their futures.
ENVIRONMENTAL CONSTITUTIONAL REGRESSION IN RISK-BASED INVESTMENT GOVERNANCE: RECONFIGURING ENVIRONMENTAL PROTECTION STRUCTURE IN INDONESIA Amir, Irfan; Setyawanta, Lazarus Tri; Diamantina, Amalia; Ansar, Lukman; Adelvia, Adelvia
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.14.1.167-200

Abstract

The reform of the risk-based licensing system implemented through the Job Creation Law in Indonesia has had a significant impact on environmental protection. This shift, which replaces the precautionary-based preventive approach with risk management, has the potential to reduce ecological protection without explicitly changing constitutional norms. From a constitutional perspective, this change is considered environmental constitutional regression, referring to the decline in the legal system’s ability to ensure the environmental protection that was previously achieved. This article analyzes the impact of this transformation on the legal structure and investment governance in Indonesia. Environmental protection, which previously functioned as a constitutional instrument limiting the rationality of economic development, is now repositioned as an administrative component within the risk-based licensing framework. This shift occurs amid efforts to deregulate and simplify licensing to accelerate investment, but at the expense of the state’s obligation to ensure ecological sustainability. This reform affects various regulatory dimensions, including institutional structure, the role of law, public participation procedures, and environmental protection standards. The integration of environmental approval into the risk-based licensing system changes the paradigm from preventive control to administrative risk management. As a result, environmental protection mechanisms become dependent on risk assessments that do not always encompass the broader potential ecological damage. This study proposes the need for a progressive legal approach that reaffirms the state's obligation to uphold constitutional rights to a healthy and sustainable environment, while mitigating the negative impacts of regulatory reform on ecological justice and environmental sustainability. Thus, this research contributes to the understanding of the constitutional implications of risk-based regulatory restructuring, emphasizing the importance of ensuring that environmental protection remains a priority in development policy.
TRANSFORMING ENERGY POLICY IN INDONESIA: ADDRESSING GENDER BIAS AND PROMOTING WOMEN’S EMPOWERMENT IN THE RENEWABLE ENERGY SECTOR Sembiring, Adventi Ferawati; Garunja, Evis
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.14.1.1-48

Abstract

This study analyses the role and engagement of women in Indonesia’s renewable energy transition through a feminist perspective, emphasising the shift from gender-neutral frameworks to inclusive, equitable, and justice-oriented approaches. The research employs document analysis of national energy plans, with a focus on the “Sumba Iconic Island” programme as a case study, complemented by a literature review that addresses ethics of care, distributive justice (Gilligan, Noddings, Rawls), and feminist perspectives—specifically standpoint theory and intersectionality. It highlights the patriarchal biases embedded in technocratic and macroeconomic policy frameworks. Although Indonesia possesses a wealth of renewable resources—including solar, bioenergy, and ocean waves—women’s experiential knowledge and perspectives remain underrepresented in energy policy and planning. Existing evidence indicates that empowering women as technicians and energy educators enhances technology adoption, social effectiveness, and long-term sustainability. A comparative analysis of Iceland and Germany shows that mandatory gender-equity reporting and inclusive public consultations—guided by feminist perspectives—position women as strategic partners in energy decision-making, rather than passive beneficiaries. Proposed actions include the adoption of feminist-informed Gender Responsive Budgeting (GRB) in energy-sector funding, revising technical regulations to require assessments of gender-power impacts, and establishing women’s energy advisory forums at both national and regional levels. These measures aim to reshape Indonesia’s energy transition into a process that is equitable, inclusive, fundamentally feminist, and environmentally sustainable.
WHEN MEN ARE VICTIMS: POWER, HEGEMONIC MASCULINITY, AND THE EPISTEMIC LIMITS OF JUSTICE IN INDONESIAN SEXUAL VIOLENCE LAW Nugroho, Mohammad Shandy; Hardiyanti, Marzellina; Mahoro, Jean Claude Geofrey
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.14.1.201-240

Abstract

This study critically examines the treatment of sexual violence against men within the framework of Indonesian criminal law, highlighting the persistent influence of hegemonic masculinity on legal culture and courtroom practices. Historically, Indonesian law has constructed sexual violence through a gendered lens that positions men as active perpetrators and women as passive victims, thereby marginalising male victims and limiting societal and institutional recognition. Despite normative reforms, including the Sexual Violence Criminal Law and the New Criminal Code, which adopt gender-neutral definitions and acknowledge coercion, power dynamics, and non-physical forms of violence, the implementation of these laws remains constrained by patriarchal legal culture. Using a Foucauldian feminist approach, the study demonstrates that courts often privilege physical evidence and linear narratives of trauma, thereby subordinating the psychological and relational dimensions of male victimisation. Empirical cases, including sexual violence against a male student in Batu City and the victimisation of 43 boys in a religious educational institution in Agam Regency, illustrate how judicial masculinity operates to standardise rationality, depoliticise power relations, and symbolically protect patriarchal norms. Male victims are compelled to negotiate their masculinity, conform to societal expectations, and substantiate trauma within a framework biased toward physical proof. The study further contextualises these dynamics internationally, comparing the recognition of male rape in jurisdictions such as the United Kingdom, the United States, and the International Criminal Court, underscoring the global persistence of gendered assumptions that impede legal acknowledgment and social support for male victims. The analysis concludes that achieving substantive gender justice requires a transformation of the epistemology of legal practice: courts must reconceptualise sexual violence as a mechanism of domination and social control rather than an anomaly, and recognise male vulnerability without pathologisation. Only through integrating legal cultural analysis, trauma-informed evidence evaluation, and awareness of hegemonic masculinity can the law substantively protect male victims and dismantle the structural biases that perpetuate the marginalisation of men within sexual violence discourse.

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