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INDONESIA
Jurnal Hukum Inconcreto
Published by Universitas Harapan Bangsa Purwokerto
ISSN : 29637724     EISSN : 29637724     DOI : 10.35960
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Filsafat dan Teori Hukum Perbandingan Hukum Sosiologi Hukum Hukum Internasional Hukum Tata Negara Hukum Perdata Hukum Bisnis Hukum Ekonomi Hukum Lingkungan Hukum Pidana Hukum Administrasi Negara Hukum Teknologi, Informasi, dan Komunikasi Hukum Hak Asasi Manusia Hukum Islam dan Keluarga Hukum Agraria Hak Kekayaan Intelektual Hukum Syariah Perbandingan Hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 67 Documents
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Community Obligations and Participation in Oversight of Investigations Conducted by The Indonesian National Police M. Rohmidhi Srikusuma; Urip Giyono
Jurnal Hukum In Concreto Vol. 5 No. 1 (2026): Jurnal Hukum In Concreto Volume 5 Nomor 1 2026
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v5i1.2133

Abstract

Investigation constitutes a crucial stage in the criminal justice system, as it determines the direction of law enforcement processes and has direct implications for the protection of human rights. The Indonesian National Police, as the institution vested with investigative authority, is required to perform its duties in a professional, transparent, and accountable manner, particularly following the enactment of the new national Criminal Code. In this context, public participation serves as an essential mechanism for overseeing investigative processes in order to prevent abuses of authority and to strengthen public trust in law enforcement institutions. This study aims to normatively analyze the obligations and participation of the public in overseeing investigations conducted by the Indonesian National Police, as well as to identify the forms, mechanisms, and challenges of such participation. This research employs a normative legal research method with a statutory approach and qualitative analysis of primary and secondary legal materials. The findings indicate that although constitutional and regulatory frameworks provide opportunities for public participation, mechanisms for public oversight of police investigations remain underdeveloped. Therefore, strengthening regulatory frameworks, enhancing public legal awareness, optimizing the role of external oversight institutions, and providing secure and transparent complaint mechanisms are necessary to ensure accountable and just investigative practices.
Implementing Restorative Justice for Juvenile Offenders of Assault through Progressive Legal Theory within the Women and Children Protection Unit (PPA) of Bone Bolango Police Botutihe, Sri Afriyanti; Darmawati; B, Sumiyati
Jurnal Hukum In Concreto Vol. 5 No. 1 (2026): Jurnal Hukum In Concreto Volume 5 Nomor 1 2026
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v5i1.2139

Abstract

The involvement of children as perpetrators of assault poses a significant challenge within the criminal justice system, particularly in fulfilling children's rights and applying restorative justice principles. This study aims to analyze the implementation of restorative justice in fulfilling the rights of child offenders in Bone Bolango Regency, based on the perspective of progressive legal theory. This research uses an empirical legal method with a qualitative approach. Data were collected through in-depth interviews, direct observation, documentation, and literature study, then analyzed descriptively and qualitatively. The findings reveal that the diversion process conducted by the Women and Children Service Unit (PPA) of the Bone Bolango Police has not been implemented optimally. The low success rate of diversion is influenced by the limited participation of victims, inadequate public understanding of restorative justice, and the minimal involvement of legal aid providers and social workers. From the perspective of progressive law, this condition reflects a gap between legal norms and their implementation, indicating that the law has yet to function fully as a means of protection and recovery focused on the best interests of the child. A shift in legal enforcement paradigms is therefore necessary, supported by cross-sectoral collaboration, public education, and strengthened roles of local governments and facilitators in the juvenile justice system.
Implementation of the West Java Anti-Thuggery Task Force Policy from a Socio-Legal and Good Governance Perspective Setiawan, Mochammad Rifky; Aryo Yuwono, Dimas; Yehezkiel, Jepryanto; Alexandra, Relby
Jurnal Hukum In Concreto Vol. 5 No. 1 (2026): Jurnal Hukum In Concreto Volume 5 Nomor 1 2026
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v5i1.2135

Abstract

This study examines the contradictions between the administrative mandate of West Java Governor Decree No. 300/Kep.160-Bakesbangpol/2025 establishing the Anti-Thuggery Task Force and the persistent sociopolitical reality of protection rackets. Employing a socio-legal approach grounded in legal realism, the research analyzes law in action through triangulation of in-depth interviews with academics and mass organization leaders and field analysis of violent incidents, particularly the Sukahaji case. The findings demonstrate that although the policy enhances visibility management and administrative surveillance through smart city technologies, it fails to dismantle entrenched structural patronage relations. A “paradox of protection” emerges, whereby formal state presence inadvertently normalizes informal coercive power over citizens, while the legally imprecise collective labeling of mass organizations fosters defensive solidarity and increases the risk of secondary deviance. This study contributes a novel critique of regional “statification” technologies that privilege performative order over substantive justice and argues that the Task Force must be transformed into a non-discriminatory law enforcement mechanism, integrated with inclusive economic empowerment and anchored within a democratic legal framework.
The Moral Degradation of Corruption Perpetrators from The Perspectives of Pancasila and Criminology Erika Hasibuan, Laura
Jurnal Hukum In Concreto Vol. 5 No. 1 (2026): Jurnal Hukum In Concreto Volume 5 Nomor 1 2026
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v5i1.2180

Abstract

Corruption committed by public officials in Indonesia is inseparable from the problem of moral degradation and the erosion of individual integrity. This study aims to examine the deviant behavior of corrupt actors from a criminological perspective and to analyze the role of Pancasila as a moral foundation in preventing the formation of criminal intent (mens rea) in acts of corruption. This research employs a normative juridical method with a conceptual and philosophical approach, analyzing legal norms, doctrines, and ideological values. The findings reveal that corruption is best understood as a form of white-collar crime, which is not driven by economic necessity but rather by greed and opportunity, as explained in the gone theory. Such behavior is learned and shaped through social interaction within permissive environments, as outlined in the differential association theory. On the other hand, the values of Pancasila, through containment theory, offer an internal mechanism of moral control known as inner containment that theoretically inhibits deviant actions. However, the weak internalization of Pancasila among public officials contributes to their failure to uphold ethical responsibilities in governance. This study concludes that corruption should be viewed not only as a legal crime but also as an ideological violation against the philosophical foundation of the Indonesian state. Therefore, anti-corruption strategies must combine legal enforcement with moral reconstruction grounded in state ideology.
Seller Protection in Executed Indonesian Land Sale Deeds: Legal Consequences of Buyer Default Turnip, Johannes Mangapul
Jurnal Hukum In Concreto Vol. 5 No. 1 (2026): Jurnal Hukum In Concreto Volume 5 Nomor 1 2026
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v5i1.2219

Abstract

This study analyzes legal protection for sellers in land sale transactions that have been formalized in a Sale and Purchase Deed when the buyer commits default by failing to pay the agreed purchase price. The principal issue centers on the tension between the function of the Sale and Purchase Deed as an authentic instrument possessing full evidentiary force and as the administrative basis for the registration of the transfer of rights, and the reality of non-fulfillment of payment as the buyer’s primary obligation. The research employs normative legal methodology using statutory and case approaches through the examination of land law and contract law provisions as well as judicial reasoning in relevant court decisions. Primary, secondary, and tertiary legal materials are analyzed qualitatively through systematic and teleological interpretation in order to construct coherent juridical arguments. The findings indicate that buyer default does not automatically invalidate the Sale and Purchase Deed, but it may serve as a basis for annulment or legal restoration through a final and binding court decision. The Sale and Purchase Deed retains its formal evidentiary strength; however, its legal consequences may be contested where the declaration of full payment is not supported by valid and sufficient proof of payment. This study emphasizes the necessity of integrated seller protection through preventive and repressive mechanisms, as well as a substantive interpretation of the contemporaneous payment principle to ensure that formal compliance does not conceal material injustice.
Criminal Liability for Fossil Sellers and Buyers as Protected Cultural Heritage Under the Law: A Case Study in Bojonegoro Wulandari, Ayu; Prabowo, Andrianto; Wahyono, Dodik
Jurnal Hukum In Concreto Vol. 5 No. 1 (2026): Jurnal Hukum In Concreto Volume 5 Nomor 1 2026
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v5i1.2125

Abstract

The preservation of fossils as part of cultural heritage in Indonesia continues to face various challenges, particularly those related to the low level of public legal awareness and the suboptimal implementation of law enforcement. Fossils that possess significant historical and scientific value are frequently transferred without complying with the applicable statutory provisions, thereby posing a risk to the preservation of national cultural heritage. This study aims to analyze the criminal liability of both sellers and buyers of fossils classified as protected cultural heritage, as well as to examine the enforcement of criminal law against such practices in Bojonegoro Regency. The research applies theories of criminal liability and cultural heritage protection, supported by a review of statutory regulations and scholarly legal opinions. This study employs a normative-empirical legal research method using statutory, conceptual, and empirical approaches. Data were collected through literature review and interviews. The findings indicate that both sellers and buyers of fossils may be held criminally liable under Law Number 11 of 2010 concerning Cultural Heritage; however, its implementation has not been carried out optimally. The study concludes that strengthening law enforcement and increasing public legal awareness are necessary to ensure the protection of fossils as part of cultural heritage.
Copyright Liability for Unauthorized Film Distribution via Illegal Streaming Websites: The Case of LK21 Ayu Diah Nurrahma; Fairuz Nahdah; Sazkia Nurul 'Aini
Jurnal Hukum In Concreto Vol. 5 No. 1 (2026): Jurnal Hukum In Concreto Volume 5 Nomor 1 2026
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v5i1.2263

Abstract

Film piracy through illegal streaming websites such as LK21 continues to erode industry revenue, weaken production incentives, and generate layered questions of liability. This article analyzes the construction of copyright liability for unauthorized film distribution via LK21 and formulates dispute-resolution and countermeasure directions that are relevant to copyright enforcement in Indonesia. This research adopts a normative legal method using statutory, conceptual, and case approaches. Primary legal materials include Law Number 28 of 2014 on Copyright, Law Number 33 of 2009 on Film, and regulations governing the handling of copyright infringement in electronic systems, while secondary legal materials are drawn from relevant scholarly literature and academic articles. The analysis is qualitative and employs grammatical, systematic, and teleological interpretation to examine the relationship between legal norms and the operational patterns of illegal streaming websites. The results indicate that providing access to films through LK21 correlates with infringements of economic rights, particularly reproduction and communication to the public, and may also affect moral rights when the integrity and attribution of works are disregarded. The discussion underscores the need for a liability mapping based on contribution-control parameters to assess the roles of uploaders, site operators, infrastructure providers, and advertising networks through their control over access and their receipt of economic benefits. The article recommends a synergistic combination of administrative, civil, and criminal enforcement complemented by strategies to disrupt monetization in order to curb the re-emergence of mirror domains and strengthen enforcement effectiveness.

Page 7 of 7 | Total Record : 67

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