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ARBITER: Jurnal Ilmiah Magister Hukum
Published by Universitas Medan Area
ISSN : -     EISSN : 27221865     DOI : 10.31289
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
ARBITER: Jurnal Ilmiah Magister Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law. All papers are peer-reviewed by at least two referees.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 158 Documents
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Kebijakan Hukum Pidana Terhadap Pelaku Aborsi Bagi Korban Pemerkosaan di Indonesia Adam Hazariga; Hafrida Hafrida; Elizabeth Siregar
ARBITER: Jurnal Ilmiah Magister Hukum Vol 8, No 1 (2026): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v8i1.6886

Abstract

Abortion resulting from sexual violence remains a controversial moral and legal issue in Indonesia, where women’s bodies are often subject to control by the state, religion, and social morality. The existing legal framework, particularly under Act Number 1 of 2023 on the Criminal Code, continues to reflect a restrictive approach that emphasizes criminalization, while the aspect of post-abortion recovery as part of human rights and reproductive justice has not been adequately accommodated. This study aims to critically examine gender bias, regulatory gaps, and state intervention in determining the 14-week gestational limit for abortion in cases of sexual violence. This research employs a normative juridical method using statutory, conceptual, and comparative approaches. Primary legal materials consist of laws and regulations related to abortion and sexual violence, while secondary materials include relevant scholarly literature, particularly those grounded in Feminist Legal Theory and Reproductive Justice. The analysis is conducted to identify normative inconsistencies, gender bias, and the ideological constructions underlying abortion regulation in Indonesia. The findings reveal that Indonesian law continues to maintain patriarchal assumptions that position the uterus as a moral object rather than as a space of women’s autonomy. Gestational limits, administrative procedures, and restrictive interpretations of legal exceptions tend to exacerbate the burden on victims of sexual violence and create the risk of revictimization. Furthermore, the absence of a comprehensive post-abortion recovery framework reflects inadequate protection of women’s dignity and well-being. This study proposes the concept of Restorative Reproductive Dignity as a legal paradigm that emphasizes the integration of physical, psychological, and social recovery within abortion regulation. This approach advocates a shift from a punitive framework toward a restorative, gender-responsive, and trauma-informed approach aimed at restoring women’s dignity as autonomous legal subjects. Therefore, a reformulation of legal policy aligned with human rights principles is necessary to achieve substantive justice for victims of sexual violence.
The Criminalization of Nitrous Oxide Abuse: A Comparative Study of Indonesian and Dutch Law Kesya Nur Aulia Fernanda; Emmilia Rusdiana
ARBITER: Jurnal Ilmiah Magister Hukum Vol 8, No 1 (2026): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v8i1.7057

Abstract

The rising phenomenon of the misuse of nitrous oxide (N2O) as a recreational psychoactive substance has had an impact on public health and order. In contrast, Indonesia has yet to explicitly address its regulation in Law No.35 of 2009 concerning Narcotics. This study aims to examine the differences in regulations and the rationale for criminalizing N2O abuse as a legal reform in Indonesia, using a normative legal research method with statute, comparative, and conceptual approaches. This study found differences in the regulation of N2O abuse. The Netherlands has classified N2O as a category II controlled substance under the Dutch Opium Act (Opiumwet), which this study assesses as having considered the principles of ultimum remedium and proportionality. Meanwhile, Indonesia still lacks a comprehensive basis for criminalization. The relevance to legal reform in Indonesia lies in a phased approach. This study fills a gap in comparative research regarding the regulation of N2O abuse within legal systems in Indonesia and the Netherlands. These findings indicate the need for Indonesia to strengthen administrative regulations and oversight of the distribution and use of N2O. If non-penal instruments prove ineffective, criminalization may be considered selectively and in a manner that ensures proportionality.
Dinamika Legitimasi Pemerintahan di Tengah Krisis Kepercayaan Publik: Studi Kasus Perkembangan Hukum Tata Negara Pasca-Pemilu 2024 Ibnu Affan; Gema Ramadhani; Mhd. Rahmani Dayan
ARBITER: Jurnal Ilmiah Magister Hukum Vol 8, No 1 (2026): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v8i1.7090

Abstract

This study aims to analyze the dynamics of government legitimacy amid the public trust crisis toward state institutions in the development of Indonesian constitutional law after the 2024 General Election. This research employs a normative juridical method using statutory, case, and conceptual approaches. Legal materials were collected through library research on legislation, Constitutional Court decisions, and relevant constitutional law literature. The findings reveal that the public trust crisis, triggered by controversies surrounding Constitutional Court decisions, allegations of political power abuse, and the weakening of parliamentary oversight functions, has reduced the effectiveness of the checks and balances mechanism within Indonesia’s constitutional system. The dominance of large political coalitions has weakened control over executive power, while the declining moral legitimacy of judicial institutions has generated public distrust toward law enforcement. This condition has encouraged a shift in public participation from formal channels to digital spaces as non-formal instruments of oversight toward state policies. The study concludes that restoring government legitimacy requires constitutional ethics reform, strengthening the independence of state institutions, and developing transparent and meaningful public participation to maintain democratic stability and legal certainty in Indonesia.
Implementasi Wasiat Wajibah pada Kasus Anak Angkat dalam Putusan Pengadilan Agama Diana Lubis
ARBITER: Jurnal Ilmiah Magister Hukum Vol 8, No 1 (2026): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v8i1.7091

Abstract

This study examines the implementation of mandatory wills (wasiat wajibah) for adopted children in Religious Court decisions in Indonesia using a juridical-normative approach. Adopted children are not categorized as legal heirs under Islamic inheritance law; however, their moral and social rights may be protected through mandatory wills. The objective of this research is to analyze the legal validity, implementation procedures, judicial considerations, and challenges related to mandatory wills for adopted children in Religious Courts. This research applies a qualitative method through document analysis, court decision review, and literature study on Islamic inheritance law, the Compilation of Islamic Law (KHI), and relevant legal doctrines. Data were obtained from Religious Court decisions, statutory regulations, academic journals, books, and other legal references. The findings indicate that Religious Courts generally recognize the legality of mandatory wills provided that the allocation does not exceed one-third of the estate and fulfills formal legal requirements. Judges tend to emphasize principles of justice, maslahat, and family harmony in resolving disputes between adopted children and legal heirs. Nevertheless, several obstacles remain, including limited public understanding of inheritance law, inconsistent judicial interpretation, and incomplete legal documentation. This study concludes that mandatory wills serve as an important legal mechanism for protecting adopted children’s rights while maintaining conformity with Islamic inheritance principles and maqashid sharia.
Perlindungan Hukum Investor Pasar Modal dalam Perspektif POJK No. 30 Tahun 2023: Analisis Tanggung Jawab Hukum Auditor Yosephus Adibuwono Widi Nugroho
ARBITER: Jurnal Ilmiah Magister Hukum Vol 8, No 1 (2026): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v8i1.6887

Abstract

This study aims to analyze the legal liability of auditors for violations of the Key Audit Matters provisions under Financial Services Authority Regulation Number 30 of 2023 and the forms of legal protection available for capital market investors who suffer losses due to misleading audit opinions. This research employs a normative juridical method using statutory and conceptual approaches. Legal materials were obtained through library research and analyzed qualitatively using grammatical and systematic interpretation. The findings indicate that auditor liability may extend to administrative, civil, and criminal aspects depending on the degree of fault and the resulting legal consequences. However, Financial Services Authority Regulation Number 30 of 2023 primarily focuses on the administrative relationship between auditors and the Financial Services Authority without providing direct repressive legal protection mechanisms for investors. Investor protection under the regulation remains limited because compensation can only be granted through specific action orders issued by the Financial Services Authority. This condition creates a legal vacuum regarding investors’ rights to obtain compensation for losses caused by inaccurate or misleading audit opinions. This study concludes that regulatory strengthening is necessary to ensure legal certainty and provide more effective compensation mechanisms for capital market investors.
Kekuatan Eksekutorial Kesepakatan Mediasi Dalam Sistem Peradilan Perdata Indonesia Hasan Hasan; Munira Munira; Kattya Nusantari Putri
ARBITER: Jurnal Ilmiah Magister Hukum Vol 8, No 1 (2026): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v8i1.7074

Abstract

This study aims to analyze the executory power of mediation agreements within the Indonesian civil justice system and to identify the gap between normative regulations and their practical implementation. Mediation, as part of alternative dispute resolution, has been formally integrated into the judicial system through Supreme Court Regulation Number 1 of 2016 concerning Court-Annexed Mediation Procedures. This research employs a normative juridical method using statutory, conceptual, and case approaches. The findings reveal that mediation agreements embodied in a deed of settlement possess the status of a final and binding court judgment (inkracht van gewijsde) and carry executory power equivalent to judicial decisions. However, in practice, the effectiveness of such executory power remains suboptimal due to the absence of standardized execution mechanisms, weak judicial supervision, low compliance of the disputing parties, and uneven mediator competence. This study finds a significant gap between the normative strength and the practical effectiveness of settlement deeds in judicial practice. Therefore, strengthening regulations, improving the professionalism of mediators and judges, and reformulating supervision and execution mechanisms are necessary to enhance legal certainty and the effectiveness of dispute resolution through mediation.
Penegakan Hukum dan Ketertiban Masyarakat: Kajian Yuridis Empiris Peran dan Komunikasi Kepolisian di Kota Bandung Zeevano Albariq Baskara; Arman Lany; Naditha Rizkya Hantoro
ARBITER: Jurnal Ilmiah Magister Hukum Vol 8, No 1 (2026): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v8i1.6920

Abstract

Public order in urban areas shows dynamics that require attention in an effort to maintain social order, especially related to the role of the police in the city of Bandung as an institution that interacts directly with the community. This study aims to analyze the role of the police in law enforcement against public order by examining the suitability between legal norms and practices in the field. The problem is focused on the implementation of law enforcement and the process of forming community compliance in daily social life, including through interaction and communication between the apparatus and the community. In order to approach this problem, a reference to legal system theory is used which emphasizes the relationship between the substance of the law, the structure of law enforcement, and the legal culture of the community. Data were collected through semi-structured interviews with police officers and the public, limited observations in public spaces, and literature studies of laws and regulations and journal articles, then analyzed qualitatively using an empirical juridical approach. The results of the study show that the enforcement of order has taken place through supervision, regulation, and control activities, and accompanied by efforts to coach the community. This study concludes that law enforcement in maintaining order needs to be understood as a sustainable process that prioritizes a balance between the implementation of rules, fostering legal awareness, and community involvement. This research contributes by showing that interaction between the apparatus and the community is an important part in understanding the relationship between legal norms and social practices.
Konsep Keadilan Restoratif dalam Jinayah Islam dan Implementasinya pada Sistem Peradilan Indonesia Cut Nurita
ARBITER: Jurnal Ilmiah Magister Hukum Vol 8, No 1 (2026): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v8i1.7089

Abstract

This study discusses the concept of restorative justice in Islamic jurisprudence and its relevance to the implementation of the criminal justice system in Indonesia. Restorative justice, which emphasizes the recovery of victims' losses, the responsibility of the perpetrators, and social reconciliation, is gaining increasing attention in Indonesia's criminal law reform. Although considered a modern approach, restorative principles have actually long been part of Islamic criminal law through the concepts of islah (peace), diyat (compensation), and 'afw (forgiveness). This study uses a juridical-normative method with a qualitative approach to analyze the sources of Islamic law, the doctrine of fiqh jinayah, and national regulations related to restorative justice. Data was obtained through literature studies on the Qur'an, hadiths, fiqh books, laws and regulations, and various scientific journals. The results of the study show that there is a substantive conformity between restorative values in Islamic law and the restorative justice paradigm that is developing in Indonesia. Indonesia has adopted a restorative approach through the Juvenile Criminal Justice System Law, Perpol No. 8 of 2021, the Prosecutor's Office's guidelines, and Supreme Court policies. However, its implementation still faces obstacles in the form of inuniform practices, limitations of comprehensive regulations, and potential abuse of discretion. This study concludes that Islamic jinayah values can strengthen the philosophical and moral legitimacy of the application of restorative justice in Indonesia, as well as provide a normative basis for a more humanistic and restorative-oriented criminal law reform. The integration of Islamic concepts and national legal policies has the potential to produce a justice system that is more just, responsive, and in accordance with the character of Indonesian society

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