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Arkus
Published by HM Publisher
ISSN : 20891393     EISSN : 28085035     DOI : https://doi.org/10.37275/arkus
Core Subject : Religion, Humanities, Health, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences
Arkus publishes original articles, article reviews, and case reports and is designed as a place of dissemination of information and scientific knowledge to develop human wealth. Arkus publishes all manuscripts in multidisciplinary fields (social sciences, sciences, technology, engineering, health, education, religion, law, economics and environmental).
Arjuna Subject : Umum - Umum
Articles 144 Documents
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The Illusion of Spirituality in Legal Professions: Administrative Reductionism and Notary Appointment Integrity in Indonesia Henry Halim; Imeldalius; Yudadibrata; Novrida Fauziyah Nasution
Arkus Vol. 10 No. 2 (2024): Arkus
Publisher : HM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37275/arkus.v10i2.903

Abstract

The Indonesian Law on Notarial Positions places devotion to God Almighty—the principle of spirituality—as the foremost prerequisite for notary appointment, yet rising notarial malpractice signals a disconnect between this transcendental mandate and substantive professional integrity. This convergent mixed-methods socio-legal study examined how regulatory authorities interpret and verify the spirituality requirement, and how stakeholder perceptions of that verification predict support for reform, within a province on the western seaboard of Indonesia governed by Islamic-Malay customary law. The qualitative strand comprised fifteen in-depth interviews and document analysis across three anonymized clusters; the quantitative strand surveyed 185 legal-profession stakeholders using five validated five-point scales (Cronbach’s α 0.81–0.89). Respondents rated administrative reductionism high (mean 4.06, 95% CI 3.97–4.15) and perceived verification adequacy low (mean 2.39, 95% CI 2.28–2.50). Multiple regression explained 60.5% of variance in support for the proposed Spiritual-Integrous Recruitment model (R²=0.605; F(4,180)=68.84, p<0.001; Cohen’s f²=1.53), with administrative reductionism (β=0.312), living-law integration deficit (β=0.242), institutional inertia (β=0.216) and perceived adequacy (β=−0.293) as significant predictors (all p<0.001). Perceived adequacy differed across clusters (ANOVA F(2,182)=6.90, p=0.001, η²=0.07), lowest in the resource-rich semi-urban cluster. Qualitative themes—administrative reductionism, institutional inertia, and disconnect from living law—triangulated the survey. The state secularizes an ethical mandate into a documentary checklist, marginalizing integrity. The study proposes the Spiritual-Integrous Recruitment model, integrating psychometric integrity testing with living-law screening, to convert a dogmatic illusion into a measurable safeguard of legal professionalism.
Beyond Administrative Compliance: Operationalizing the Spirituality Requirement for Notary Appointment under Indonesia's Notary Law Aziwarti; Machdaliza Masri; Novrida Fauziyah Nasution; Ajasri
Arkus Vol. 10 No. 2 (2024): Arkus
Publisher : HM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37275/arkus.v10i2.905

Abstract

The appointment of notaries in Indonesia requires "devotion to the One Almighty God" (piety) under Article 3(b) of the Notary Law (UUJN), yet this transcendental prerequisite is frequently reduced to a bureaucratic formality of document submission. This study examined how the spirituality requirement is operationalized by state authorities and supervisory councils, and whether perceived operationalization predicts the ethical accountability of newly appointed notaries. A convergent mixed-methods socio-legal design was used in a Malay-Islamic customary province of western Indonesia, with specific locations masked as an urban cluster ("Kota Alpha") and a semi-urban cluster ("Kabupaten Beta"). The qualitative core comprised in-depth interviews with nine key informants analyzed by the Miles-Huberman-Saldana model; a complementary survey of 128 notaries and stakeholders (64 per cluster) used validated Likert scales (Cronbach's α 0.80-0.90). Administrative formalism was higher in the urban cluster (3.39 vs 2.85; d=1.10; p<0.001), whereas community moral control was markedly higher in the semi-urban cluster (3.47 vs 2.28; d=2.31; p<0.001), as was ethical accountability orientation (3.46 vs 2.78; d=1.16; p<0.001). In multiple regression (R²=0.434; F(5,122)=18.70; p<0.001), community moral control was the strongest predictor of accountability (β=0.505; 95% CI 0.253-0.610; p<0.001) and administrative formalism a negative predictor (β=-0.204; p=0.011), while region became non-significant once these were controlled, indicating the regional gap was channelled through living-law moral control. The findings reveal an "illusion of spiritual measurement" in which the state substitutes document-based compliance for substantive verification. Transforming transcendental spirituality into measurable professional-ethics indicators through community-based background checks is recommended.
Determinants of Stakeholder Support for Restorative Ecological Justice in Post-Presidential Regulation 5/2025 Forest Repossession: A Mixed-Methods Study in Riau, Indonesia Indrayani; Moses Adi; Mesy Yulandari; Aziwarti
Arkus Vol. 11 No. 2 (2025): Arkus
Publisher : HM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37275/arkus.v11i2.906

Abstract

The promulgation of Presidential Regulation No. 5 of 2025 (Perpres 5/2025) marks a decisive shift in Indonesia's forest governance, replacing the fiscal-amnesty logic of the Job Creation Law with the actualization of State Control Rights through repossession of illegally occupied forest areas and severe administrative fines. Yet the determinants of stakeholder support for resolving such disputes restoratively rather than punitively remain untested. This convergent parallel mixed-methods study examined a 5,420-hectare spatial overlap in an anonymized Limited Production Forest within a major oil-palm-producing province of Sumatra, Indonesia. A powered perception survey (n=240) measuring procedural justice, distributive justice, tenurial security, institutional trust, and corporate accountability as predictors of support for a Restorative Ecological Justice model was triangulated with 15 key-informant interviews and Geographic Information System spatial data. Scale reliability was good to excellent (Cronbach's α 0.857–0.932). Support differed sharply across groups (one-way ANOVA F(3,236)=26.343, p<0.001, η²=0.251), with corporate affiliates far lower than farmers, officials, and civil society (Cohen's d=1.83). Multiple regression explained 57.1% of variance (R²=0.571, F(5,234)=62.38, p<0.001); tenurial security (β=0.425) and distributive justice (β=0.370) were the strongest predictors, followed by corporate accountability (β=0.173) and procedural justice (β=0.167). The study concludes that durable forest-conflict resolution requires pairing corporate repossession with earmarked ecological restoration and the transition of repossessed land into social-forestry schemes for smallholders, operationalizing restorative ecological justice within Indonesia's new enforcement regime.
Between Positivism and Substantive Justice: Predictors of Pancasila Value Actualization Among State-Judiciary Actors Indrayani; Henry Halim; Imran; Imeldalius
Arkus Vol. 11 No. 2 (2025): Arkus
Publisher : HM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37275/arkus.v11i2.908

Abstract

The Indonesian Constitution anchors adjudication in Pancasila, mandating a balance between legal certainty, utility, and social justice, yet how state-judiciary actors actualize these ideological values in practice remains empirically underexplored, particularly in resource-rich regions beset by agrarian and socio-economic conflict. This study analyzed the predictors and contextual variation of Pancasila value actualization among judicial actors in a resource-rich province in Sumatra, Indonesia. A convergent parallel mixed-methods design combined a structured survey of 215 legal apparatus across three anonymized court jurisdictions (urban, coastal, agrarian) with interviews of 15 judges and 9 prosecutors and 45 purposively selected verdicts (2021-2025). Validated multi-item scales measured actualization, substantive justice orientation, legal positivism orientation, restorative justice practice, and institutional constraint; reliability was good to excellent (Cronbach's α 0.861-0.911). Overall actualization was constrained (mean 2.05 of 5). Multiple regression explained 53.0% of the variance (F(7,207) = 33.39, p < 0.001); substantive justice orientation was the strongest positive predictor (β = 0.467, 95% CI 0.356 to 0.577), followed by restorative justice practice (β = 0.240), whereas legal positivism (β = -0.205) and institutional constraint (β = -0.133) were negative. Actualization differed by court typology (F(2,212) = 12.91, p < 0.001, η² = 0.109), being highest in the agrarian court (Cohen's d = 0.75 versus urban). Institutional constraint partially mediated the justice-orientation pathway (Sobel z = 2.31, p = 0.021). Actualization is therefore a contextual, modellable negotiation rather than uniform application; embedding Pancasila-based progressive interpretation in judicial training and protecting judges from annulment-driven anxiety could strengthen substantive justice.

Page 15 of 15 | Total Record : 144

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