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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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Formal Compliance and Substantive Justice in the Auction of Murabahah Collateral: A Maqāṣid al-Sharīʿah Analysis of Ḥifẓ al-Māl Tadjoedin, Aliefa Sabrina; Melyani, Anisa; Putra, Nafis Falah Hares; Hartati, Sawitri Yuli
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: 10.31603/18091

Abstract

Islamic banks that finance customers through murabahah and then auction the collateral of defaulting customers face a question that legal compliance alone does not answer: whether the right to execute is exercised fairly. This normative study asks how the auction of collateral securing murabahah financing in the case of CV Megatama Distribution against PT Bank Syariah Indonesia and the Jambi State Assets and Auction Office should be assessed under the concepts, sources and philosophy of Islamic economic law, and how far the auction reflects justice and the protection of wealth (ḥifẓ al-māl) in maqāṣid al-sharīʿah. It uses statutory, conceptual and case approaches, and examines the case through the published study of it because the court decision was not available. The study finds that the bank’s right to execute is consistent with Islamic law, but that notice, valuation, price and the return of any surplus decide whether execution protects the wealth of both parties. A five-criterion test derived from ḥifẓ al-māl shows that, on the available record, the reported sale price and the alleged absence of notice raise questions that cannot be resolved without the decision and the auction file. Islamic banks should treat execution as part of their sharia duty, document each stage and place execution decisions under sharia supervision.
Sentencing Guidelines as an Instrument Reconciling Judicial Consistency and Judicial Independence under Indonesia’s National Criminal Code Izvana, Fahri Yuha; Mahdan; Azzahra, Narda Vania; Ananda, Whafa Gitya; Paputungan, Merdiansa
Borobudur Law and Society Journal Vol. 4 No. 6 (2025)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/18092

Abstract

Sentencing disparity weakens legal certainty, equality before the law and public trust in Indonesian courts, and Law No 1 of 2023 on the Criminal Code, in force since 2 January 2026, is the first Indonesian statute to state the purposes of sentencing and the considerations a judge must weigh. This normative study asks whether these provisions can improve the consistency of sentencing without undermining judicial independence. It combines statutory, conceptual and comparative approaches, analysing Articles 51 to 55 of the Code, Supreme Court regulations on sentencing, and the empirical and doctrinal literature on guidelines in the United States and in England and Wales. That literature indicates that guidelines reduce unwarranted disparity only where they combine standardised factors, a starting point or range, reasoned departures, data for evaluation and attention to prosecutors. Article 54 supplies the first of these alone: it lists mandatory considerations but sets no starting point, no rule on departures and no monitoring. Its effect on consistency therefore depends on sectoral Supreme Court regulations, one of which no longer matches the Code’s offence ranges. Guidelines restrict judicial independence only when they dictate outcomes; when they structure reasons they make independence accountable. A sentencing regulation for general offences, a sentencing database and a duty to explain departures are recommended.
Restorative Justice and Recidivism in Minor Criminal Cases in Indonesia: Legal Framework, Evidence and Feasibility Maharany, Jesyca Lumintang; Fauziah, Zihan; Isnaeni, Citra Ajeng; Saputra, Audrey Naanthali; Wijaya, Tubagus Heru Dharma
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: 10.31603/18093

Abstract

Minor criminal cases make up a large part of the caseload of the Indonesian police, prosecution service and courts, yet formal prosecution of them is slow, costly and often leaves victims unheard. This article examines how restorative justice is regulated in Indonesia, what is known about its effect on recidivism, and whether minor offences are suitable for it. It is a normative legal study that uses statutory, case and conceptual approaches, analysing legislation and institutional regulations in force in 2026, one landmark decision and international empirical research. The study finds that restorative justice rests on a layered but fragmented framework of police, prosecutorial and judicial instruments, now anchored by the new Criminal Code and the new Code of Criminal Procedure. International meta-analyses and systematic reviews show lower reoffending and higher victim satisfaction for participants, although the effects are modest and affected by selection bias; no Indonesian dataset yet allows the same conclusion. Minor offences between people who know each other are well suited to restorative handling when participation is voluntary, the offence is not repeated and safeguards against coercion apply. The article proposes unified statutory criteria, systematic recording of outcomes and recidivism, and training of officials.
Harmonising Indonesia’s New Criminal Code and Code of Criminal Procedure: Rights, Restorative Justice and Institutional Coordination Raihati, Cahyakemala; Lestari, Marcella Ayu; Apriliyanti, Tiara; Maulana, Aby
Borobudur Law and Society Journal Vol. 4 No. 6 (2025)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/18094

Abstract

Indonesia’s new Criminal Code (Law No 1 of 2023) and new Code of Criminal Procedure (Law No 20 of 2025) have both applied since 2 January 2026, so harmonisation is no longer a reform proposal but a question of how two codes enacted at different times operate together. This normative study asks how the substantive and procedural codes fit one another, what legal and practical obstacles their joint application creates, and what measures can reduce them. Using statutory, conceptual and analytical approaches, it examines the two codes, the adjustment law of 2026, the Supreme Court’s transitional guidance and recent scholarship, and tests the rules against legality, due process, proportionality and accountability. The study finds that the codes are linked mainly through restorative justice, sentencing alternatives, the transitional rule favouring the defendant and the allocation of investigative authority. It identifies four obstacles: thresholds and transitional rules that can be read differently, procedural gaps for new sentencing forms, overlapping investigative roles, and weak judicial control over coercive measures. It recommends implementing regulations, uniform case-handling standards, an integrated case-management system and judicial warrants, and it separates legal inference from empirical claims about implementation.
Paradigmatic Change in Civil Law: The Draft Civil Code Bill and the Limits of Restorative Justice Maheswara, Savero Galih; Dhia, Jihan Firyal; Bintang, Aulia Komala; Harahap, Roosdiana
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: 10.31603/18095

Abstract

Indonesian civil law still rests on a colonial Civil Code, and reform discussions increasingly invoke a ‘paradigm shift’ toward restorative justice, a doctrine developed in criminal and juvenile justice. This article asks what has actually changed in Indonesian civil law, whether the Draft Civil Code Bill can be said to adopt restorative justice, and how restorative principles could enter civil dispute resolution without weakening legal certainty. It is normative legal research using statutory and conceptual approaches to the Civil Code, the legislation on mediation, arbitration, electronic transactions, personal data, marriage and agrarian law, and the recent restorative justice instruments in criminal law, read with the literature on restorative justice. The findings are that the real shifts lie in access to justice, court-annexed mediation, electronic transactions and the recognition of customary communities, that the Civil Code is form-neutral so that electronic contracts expose a gap in proof and harmonisation rather than in validity, and that no analysed text of the Draft Civil Code adopts restorative justice, so the claim remains a proposal. Restorative principles fit family, inheritance and neighbour disputes through mediation, but not where power is unequal. The article recommends a bounded restorative clause, protective safeguards and enforceable public participation.
Settling Termination Disputes and Fulfilling the Rights of Dismissed Workers in Indonesia: The Framework after the Job Creation Law and Constitutional Court Decision 168/PUU-XXI/2023 Kurnain, Nadia Dwi; Irawan, Aditya; Aldarica, Rosifah Aisyah; Suhaedi, Edi
Borobudur Law and Society Journal Vol. 5 No. 1 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/18096

Abstract

Dismissal puts a worker's income and security most at risk, and the rules on how it must be carried out and contested have changed considerably since Law No 13 of 2003 was enacted. This article examines how disputes over termination of employment are settled in Indonesia and how the rights of dismissed workers are fulfilled under the law in force in October 2026. It is a normative legal study that uses statutory, conceptual and case-law approaches, drawing on Law No 13 of 2003 as amended by Law No 6 of 2023, Government Regulation No 35 of 2021, Law No 2 of 2004, Constitutional Court Decision No 168/PUU-XXI/2023 and the literature. The study finds that the former requirement of a prior determination by the dispute-settlement institution has been replaced by notification and bipartite negotiation, and that the Constitutional Court has restored the rule that a contested termination takes effect only after a final and binding decision, while wages and rights continue. Severance, service award and entitlement compensation depend on length of service and on the ground of termination, but obtaining them requires a long path through negotiation, mediation or conciliation, trial and cassation, and execution is weak. The article recommends that the new labour legislation adopt the Court's reading, shorten the pre-litigation stage and regulate execution.
Reformulating Corporate Criminal Liability in Indonesia: Strict Liability, Organisational Fault and the Prevention of Economic Crime Yasyashi, Hilmy Aditya Rafshanjani; Santoso, Muhammad Rafi Athaya; Aggraeni, Sabrina; Erwin, Najwa Elnissa; Hakim, Muhammad Luthfie
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: 10.31603/18097

Abstract

Corporations commit or enable much of the economic crime that harms the state and the public, yet Indonesian criminal law, which is built on the principle of fault, finds it hard to prove the mental state of a corporation that acts through layered management. This article asks whether strict liability is part of Indonesian corporate criminal liability, whether it can improve the prevention of economic crime, and how corporate liability should be reformulated. It is a normative legal study that uses statutory and conceptual approaches to Law No 1 of 2023 on the Criminal Code, Supreme Court Regulation No 13 of 2016, sectoral statutes on corruption, money laundering, competition and the environment, and the scholarly literature. The study finds that the Criminal Code permits strict liability only where a statute so provides, and that the sectoral provisions examined, apart from civil environmental liability, do not dispense with fault: they attribute liability to the corporation through benefit, policy, tolerance or failure to prevent, which is organisational fault. Evidence that strict liability itself deters economic crime is thin, and enforcement is hampered by fragmented norms, individual-centred proof and fine-only sanctions. The article proposes a compliance-based model of liability, with an explicit failure-to-prevent standard, a compliance defence, structural sanctions and harmonisation with the new procedural law.
Harmonising Indonesia’s New Code of Criminal Procedure with International Fair Trial Standards: Protecting the Rights of Suspects Wardani, Natama Khofifah; Fadillah, Reviana Putri; Purwanto, Rahma Alya; Harahap, Mirna Nirmala Sari; Budiastuti
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: 10.31603/18098

Abstract

Indonesia has been bound by the International Covenant on Civil and Political Rights since 2005, yet its Code of Criminal Procedure of 1981 was written in a crime-control paradigm and was often criticised for protecting suspects only formally. That Code was repealed by Law No 20 of 2025, which has applied since 2 January 2026. This normative study asks how far the rights of suspects in the repealed and the new Code are harmonised with the fair trial guarantees of articles 9, 10 and 14 of the Covenant, and where harmonisation is still needed. It uses statutory, conceptual and comparative approaches to the Covenant, the General Comments of the Human Rights Committee, the 1981 Code, Law No 20 of 2025 and the secondary literature. The 1981 Code recognised most Covenant rights in form but limited mandatory counsel to serious or indigent cases, left detention to wide discretion and had no exclusionary rule. The 2025 Code narrows several gaps: it sets evidential thresholds for designation, arrest and detention, strengthens advocates and widens pretrial review. It keeps the old thresholds for assigned counsel, has broad detention grounds and gives limited protection against coerced statements. Implementing regulations and judicial practice should close these gaps.
Plea Bargaining and the Efficiency of Indonesia’s Criminal Justice System: The Admission of Guilt under Law No 20 of 2025 and the Limits of Efficiency Sandjayaputri, Ratu Syifa Maharani; Zahra, Alya Nurul; Praditya, Evan; Sulistiawati, Sindi; Maulana, Aby
Borobudur Law and Society Journal Vol. 5 No. 1 (2026)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/18099

Abstract

Plea bargaining is promoted as a remedy for slow, costly and congested criminal courts, and Indonesia now has its own version: Law No 20 of 2025 on Criminal Procedure, in force since 2 January 2026, introduces the admission of guilt (pengakuan bersalah) through three routes. This normative study asks what efficiency this mechanism can deliver, what it costs in due process, and whether it suits corruption cases. It combines statutory, conceptual and comparative approaches, drawing on the new Code, the former Code, the Corruption Law, international fair-trial standards, United States authority, and Indonesian scholarship and early reports on the new provisions. The analysis shows that the mechanism is closer to a judge-supervised summary procedure than to American plea bargaining, yet it still contains a written agreement on the sentence to be requested, and it brings the familiar risks of prosecutorial dominance, pressure to plead, unequal access to restitution and weak transparency. The efficiency claim is plausible but unproven in Indonesia, because no data on time, cost or caseload have been published. Corruption is not excluded by offence type, only by penalty ceiling, which makes prosecutorial guidelines, disclosure of agreements, judicial scrutiny of the factual basis and monitoring necessary. Efficiency is a legitimate aim only as an instrument subordinate to due process.
The Implementation of the Due Diligence Principle in Environmental Law Enforcement: Its Impact on Corporate Criminal Liability Farhaniatussafana, Sabitaqila Suma; Utami, Tri; Kuan, Sheira Syaharani; Permata, Aldila Eka; Umara, Nanda Sahputra
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: 10.31603/18100

Abstract

Proving fault is the main obstacle to holding corporations criminally liable for environmental harm, because a corporation has no mind of its own and Indonesian enforcement has leaned on strict liability, which is a civil doctrine. This normative study asks how the due diligence principle is framed in international and Indonesian law, whether it works as an element of proof, a defence or an evaluative factor in corporate criminal liability, and what the case of PT National Sago Prima shows. It applies statutory, conceptual and comparative approaches to Law No 32 of 2009 as amended by Law No 6 of 2023, Law No 1 of 2023 on the Criminal Code, Supreme Court Regulation No 13 of 2016, decisions of the International Court of Justice, and doctrine from England, Canada and the Netherlands. Due diligence is a standard of conduct, not of result. Indonesian law already gives it a place: article 48 of the Criminal Code and article 4(2) of the Regulation make a failure to take preventive steps a basis of corporate fault. Due diligence is therefore best used as a relevant factor in assessing fault, rather than a universal element or an automatic exemption. The PT National Sago Prima proceedings turned on strict civil liability and a modest fine, not on due diligence. Clearer guidance on compliance evidence is recommended.

Page 16 of 17 | Total Record : 162

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