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Chrisna Bagus Edhita Praja
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Ruang Jurnal Fakultas Hukum, Lantai 2 Gedung Fakultas Hukum, Kampus 2 Universitas Muhammadiyah Magelang Jl. Mayjend Bambang Soegeng, km 5, Mertoyudan, Magelang
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Borobudur Law and Society Journal
Published by Universitas Muhammadiyah Magelang
ISSN : -     EISSN : 28099664     DOI : https://doi.org/10.31603/blastal
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Borobudur Law and Society Journal (BLASTAL) is a Journal of Legal Studies published by Faculty of Law, Universitas Muhammadiyah Magelang. This journal publishes six times a year. The scopes of BLASTAL, but not limited to, are: Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental Law, Human Rights, International Law, and also interconnection study with Legal Studies. BLASTAL has been indexed by Google Scholar.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 162 Documents
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Legal Responsibility of an Internet Service Provider for a User Data Breach under the Personal Data Protection Law: The Biznet Case Sihombing, Oremia Exilla Rafelina
Borobudur Law and Society Journal Vol. 5 No. 2 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/15581

Abstract

Indonesia’s Personal Data Protection Law (Law No 27 of 2022) imposes detailed duties on data controllers, yet breaches continue and the Law’s enforcement structure is still incomplete. This study examines the legal responsibility of an internet service provider, Biznet, for two user-data breaches reported in March 2024: about 380,000 records of its internet customers and 154,091 records of customers of its cloud service, Biznet Gio, reportedly including identity, tax, contact and account data. It asks what the Law requires of a controller before and after a breach, how far those duties were enforceable during the Law’s two-year transition period, and which forms of liability may follow. The research is normative, using statute, conceptual and case approaches; the facts are taken from press reports and the company’s public statements and are treated as allegations. The Law requires a lawful basis, an impact assessment for high-risk processing, security and confidentiality measures, supervision of processors and written notice within three days of a failure. The reports raise doubts about security and notification, but do not establish a breach of duty. Administrative, civil and criminal liability are all possible; their imposition depends on the controller’s documented compliance and on a functioning supervisory agency, which had still not been formed in 2026. Breach notification procedures, security audits and a compensation route for data subjects are recommended.
Human Rights-Based Reconstruction of Inclusive Education Policy for Children with Special Needs in Magelang Regency Irmawan, Achmat; Wardiono, Kelik; Dimyati, Khudzaifah; Yuspin, Wardah
Borobudur Law and Society Journal Vol. 5 No. 5 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/15987

Abstract

Indonesia has ratified the Convention on the Rights of Persons with Disabilities and adopted a national framework for inclusive education, yet regencies, which run most primary and junior secondary schools, decide whether children with special needs actually learn in regular schools. This article examines Magelang Regency, where about 490 children with special needs are recorded in education data and only a few schools are known to provide inclusive education. It asks whether the regency’s inclusive education policy meets the principles of justice and how it should be reconstructed. The research is normative, using statutory and conceptual approaches to the Constitution, the Convention, the Disability Law, the implementing regulations and Magelang Regency Regulation No 1 of 2021, assessed against the 4-A scheme and Rawls’s difference principle. The regency does have a binding regulation: it commits the regional government to inclusive education, facilitation of reasonable accommodation, annual monitoring and disability service units. But it defers the detail to national law and to regent’s regulations, and no implementing instrument on inclusive education was identified, so teaching assistants, facilities and budget remain unspecified and justice stops at formal access. The article proposes a regent’s regulation with targets, indicators, assigned roles and funding sources, published monitoring data and coordination with the province over special and senior secondary schools.
Uncovering Narcotics Trafficking in the Sleman Police Jurisdiction: Investigative Strategy and Its Legal Limits Syahputra, Mahesa Dhio; Basri; Kurniaty, Yulia; Hakim, Hary Abdul
Borobudur Law and Society Journal Vol. 5 No. 3 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/16063

Abstract

Narcotics trafficking networks in Indonesia increasingly operate through closed and technology-based channels, which makes the investigative strategy of district police units decisive for whether cases are uncovered at all. This study examines how the Sleman Police (Polresta Sleman) uncover narcotics trafficking, which factors support or hinder that work, and what legal limits apply to the techniques used. It is normative-empirical legal research that combines analysis of the Narcotics Law, the Police Law, the 2023 Criminal Code and the 2025 Code of Criminal Procedure with interviews with officers of the Sleman Police Narcotics Unit. Cases are uncovered mainly through repressive measures: intelligence gathering, undercover buying, network development, arrest and investigation, supported by information from the community. Outreach and patrols are preventive and do not themselves uncover offences. Read through Soekanto’s factors of law enforcement, success rests on officers’ competence, coordination and community participation, while limited facilities, a wide jurisdiction and increasingly closed methods of offenders hinder it. Because the study reports no case data, effectiveness cannot be measured. The thin regulation of undercover buying, which requires a written order from a superior, and the duty to channel addicts to rehabilitation set the main legal limits. The study recommends documented authorisation of undercover operations, outcome indicators and a structured channel for community information.
The Role of the Social Service in Protecting Child Victims of Sexual Violence in Magelang Regency Purnamasari, Niken Dwi; Basri; Novitasari, Dilli Trisna
Borobudur Law and Society Journal Vol. 5 No. 5 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/16079

Abstract

Sexual violence against children in Magelang Regency is persistent, and Law No 12 of 2022 on Sexual Violence Crimes places the handling, protection and recovery of victims on regional governments. In the regency these duties fall to a merged department, the Social, Population Control and Family Planning, Women’s Empowerment and Child Protection Service, within which a technical unit for the protection of women and children was formed in 2025. This article examines how the Service protects child victims of sexual violence, how far its practice meets the statutory duties, and what obstructs it. It is normative-empirical legal research combining statutory analysis with one interview with a regency-level assistant of the Service and published reports, analysed descriptively and qualitatively. The Service offers reporting channels down to village level, a complaint procedure and rehabilitation by three regency assistants; it handled 11 child cases in 2023 and 16 in 2024. Measured against the statute, its intake and information duties are met, but trained assistance, protection from intimidation, responses to forced marriage of victims and written coordination with police and other agencies are not shown. The main obstacles are hidden offences and late disclosure, shame and stigma, marriage of victims to offenders and pressure from offenders’ families. The article recommends assistant training, a coordination protocol, a budget line and a case-management system.
Legal Protection of Students Who Are Victims of Bullying in Higher Education: A Study at Universitas Muhammadiyah Magelang Hutami, Rengganis Nur; Kurniaty, Yulia; Noviasari, Dilli Trisna
Borobudur Law and Society Journal Vol. 5 No. 4 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/16283

Abstract

Ministerial Regulation No 55 of 2024 obliges every Indonesian university to prevent and handle violence, including bullying, through a task force, confidential reporting, protection and recovery of victims and administrative sanctions, but little is known about whether these duties reach student victims. This study asks what protection the Regulation gives a student victim of bullying and how far that protection operates at Universitas Muhammadiyah Magelang. It combines a statute approach with an exploratory online questionnaire answered by 15 self-selected students in August 2025. Fourteen respondents reported having been bullied, mostly verbally and by peers of the same year; ten said witnesses were present, but only three said a witness helped. Victims relied on self-help, such as confronting or ignoring the perpetrator, and only one made a report to the campus. Seven respondents did not know that the task force existed. The acts reported, such as mockery, insults, rumours and exclusion, fall within the Regulation’s definition of psychological violence and, when repeated within an unequal relationship, of bullying, whereas most of them lie outside criminal law. Protection therefore depends on the university’s administrative system. The findings are descriptive and cannot be generalised, but they indicate that the university should publish its task-force decree, procedure and annual statistics, provide an anonymous reporting channel, and link reporting to counselling and recovery.
Deliberation Reduced: Legal Politics of Compensation in Land Acquisition under the Job Creation Law Ichsanudin, Alfi; Syafingi, Habib Muhsin; Noviasari, Dilli Trisna
Borobudur Law and Society Journal Vol. 5 No. 2 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/16657

Abstract

Land acquisition for the public interest rests on the State’s Right of Control and on the social function of land rights, with deliberation (musyawarah) as the means of balancing public need and private property. The Job Creation Law amended Law No 2 of 2012 so that the compensation value set by the Appraiser is final and binding and serves only as the basis for deciding the form of compensation. This article asks how that amendment has changed the meaning of deliberation and what legal politics it expresses. It is normative legal research using statutory, conceptual and historical approaches, tracing the rules from Presidential Decree No 55 of 1993 through Law No 2 of 2012 and its implementing regulations to the Job Creation regime, and reading them through Mahfud MD’s theory of legal politics, Radbruch’s values of law and Rawls’s procedural justice. Deliberation has been reduced from negotiation over form and amount to a choice of the form of payment, while the unamended provisions on objection to the district court leave the amount contestable only through litigation. The change reflects an elitist and centralistic legal politics that ranks project speed and investment certainty above the bargaining position of owners. The article recommends treating the appraisal as a binding floor rather than a fixed price, through legislative amendment or constitutional review.
Legal Culture and the Acceptance of Binding Decisions: A Structured Literature Review with Implications for the Execution of Civil Judgments in Indonesia Irmawan, Achmat; Yuspin, Wardah
Borobudur Law and Society Journal Vol. 5 No. 4 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/17071

Abstract

A civil judgment that is final and binding settles a dispute only if the losing party complies with it, and in Indonesia many winning parties must still apply for execution under the HIR and RBg. Legal culture is often invoked to explain this gap, but the evidence has not been assembled. This article asks how legal culture shapes parties’ acceptance of, or resistance to, final and binding decisions, and what that implies for Indonesian civil execution. It is a structured literature review of one database, Semantic Scholar, reported under PRISMA 2020; 26 studies published from 2019 to 2026 were included from 342 records, and the 17 that can be identified were mapped by decision type, design and relevance. Only a few concern civil decisions, and none measures compliance with civil judgments directly; most are indirect evidence from criminal, customary, arbitral or administrative settings. Read with that limit, the literature suggests five propositions: finality does not secure compliance; legal traditions moderate but do not determine responses; customary mechanisms gain compliance through moral authority; perceived external pressure weakens legitimacy; and clear reasons and participation increase acceptance. Confidence is low to very low. The findings support clearer operative clauses, reasoned and accessible judgments, and court-supervised settlement before coercive execution, and call for direct empirical research on Indonesian execution.
Self-Reporting as a Crime: Article 134 of the Narcotics Law and the Rehabilitative Purpose of Punishment in Indonesia Husein, Khoirul Anwar
Borobudur Law and Society Journal Vol. 5 No. 2 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/17911

Abstract

Indonesian criminal law increasingly treats rehabilitation and social reintegration as purposes of punishment, as Article 51 of the National Criminal Code shows. The Narcotics Law (Law No 35 of 2009) had already adopted this orientation by requiring medical and social rehabilitation for addicts and victims of abuse. Yet Article 55(2) obliges adult addicts to report themselves or be reported, and Article 134 criminalises intentional failure to do so; since Law No 1 of 2026 the penalty is a fine of up to category II. This article asks whether that sanction is consistent with the rehabilitative purpose of punishment. It is normative legal research using statutory and conceptual approaches, based on primary legal materials and on literature on theories of punishment and the neuroscience of addiction; no empirical data were gathered. Tested against each of the four purposes in Article 51, Article 134 serves none of them convincingly. It treats a person whom the statute elsewhere calls a patient as an offender, may add fear to the stigma that already deters reporting, and presumes a capacity to self-report that addiction may impair, a premise that is debated. Article 128(3), which spares addicts in treatment from prosecution, narrows but does not remove the inconsistency. The article recommends that the legislature repeal Article 134 and encourage reporting through non-penal incentives and guarantees.
The Relevance of Secondary Sources of Islamic Economic Law in Responding to Sharia Financial Innovation in Indonesia Hartati, Sawitri Yuli; Saputri, Devina; Azahwa, Rasifa Aila; Kamillah, Amanda Rizkya
Borobudur Law and Society Journal Vol. 5 No. 5 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/18089

Abstract

Sharia financial innovation in Indonesia, from digital banking services to the productive use of zakat, regularly produces transactions that the Qur’an and Sunnah do not regulate in detail. This study analyses the relevance of four supplementary methods of Islamic legal reasoning, istihsan, istishab, maslahah mursalah and ‘urf, in responding to such innovation. It is normative legal research that uses conceptual and statutory approaches and analyses classical and modern works on usul al-fiqh, the statutes on sharia banking and zakat and the fatwas of the National Sharia Board of the Indonesian Council of Ulama (DSN-MUI) on istishna’, electronic money and technology-based financing. The analysis shows that the four methods are not interchangeable: each has its own ground, conditions and limit, and each answers a different question, namely whether an exception to a general rule is justified, which starting presumption applies, whether a measure serves a genuine public interest, and whether a prevailing practice may be recognised. The fatwas examined invoke benefit and public interest openly but do not name the other methods, so the link between method and fatwa is an analytical reconstruction. The study concludes that the methods remain relevant only as disciplined reasoning, subordinate to the texts, the fatwa authority and positive law, and recommends that fatwa reasoning be stated more explicitly.
The Influence of a Digital Forensic Framework on the Effectiveness of Proving Cybercrime in Indonesia Zulkarnain, Fariz Abdullah; Dewi, Anita; Wijaya, Muhammad Dava; Rahman, Muhammad Auliya; Daud, Muhammad Rusdi
Borobudur Law and Society Journal Vol. 5 No. 4 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/18090

Abstract

Cybercrime cases in Indonesia turn on electronic evidence that is easily copied, altered and deleted, yet the rules on how such evidence must be handled are scattered across statutes, police regulations and technical standards. This normative study asks how a digital forensic framework, a staged process of identification, acquisition, preservation, analysis and reporting, influences the effectiveness of proving cybercrime, and what legal and institutional conditions limit that influence in practice. It applies statutory, conceptual and comparative approaches to the Criminal Procedure Code of 2025 (Law No 20 of 2025), the Electronic Information and Transactions Law as amended in 2024, Constitutional Court Decision No 20/PUU-XIV/2016, police regulations and international standards, read against the forensic literature and international standards on evidence handling. The study finds that each stage of a framework answers a specific evidentiary risk: integrity, authenticity, reliability and lawful acquisition. Indonesian law now recognises electronic evidence but prescribes no technical procedure, custody rule or laboratory accreditation, so the effect of a framework depends on investigators’ capacity and judges’ understanding. The study therefore recommends a national regulation on digital forensics that adopts ISO/IEC 27037, requires chain-of-custody records and laboratory accreditation, and trains investigators, prosecutors and judges.

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