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Sinergi International Journal of Law
Published by YAYASAN SINERGI KAWULA MUDA
ISSN : -     EISSN : 30217989     DOI : https://doi.org/10.61194/law
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Sinergi International Journal of Law with ISSN Number 3021-7989 (Online) published by Yayasan Sinergi Kawula Muda, published original scholarly papers across the whole spectrum of law. The journal attempts to assist in the understanding of the present and potential ability of law to aid in the recording and interpretation of international law practices.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 70 Documents
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Legal Construction Against Witchcraft Practices: A Case Study Of The Kutaramanawa Book And Law No. 1 Of 2023. Atasa Tarisah; Rahma Amalia Oktaviana; Sativa Azzahra Nurdava; Sevila Azka Monica; Tanti Kirana Utami; Zahra Lutfiyah
Sinergi International Journal of Law Vol. 3 No. 2 (2025): May 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i2.287

Abstract

Praktik santet dalam masyarakat Indonesia sering dianggap sebagai tindakan yang dapat membahayakan seseorang secara fisik dan mental. Meskipun sulit dibuktikan secara ilmiah, dampak santet, seperti gangguan kesehatan yang tidak dapat dijelaskan secara medis, tetap menimbulkan rasa takut dan cemas di masyarakat. Dalam konteks hukum, Kitab Dharmasastra Kutaramanawa yang digunakan pada masa Kerajaan Majapahit mengatur praktik ini dengan memberikan hukuman mati bagi pelaku santet yang membahayakan nyawa. Di zaman modern, sistem hukum Indonesia, melalui Kitab Undang-Undang Hukum Pidana dan Undang-Undang Nomor 1 Tahun 2023, telah memberikan perhatian terhadap praktik serupa, meskipun dengan tantangan besar dalam hal pembuktian. Meskipun tidak secara langsung mengatur santet, hukuman mati dalam Kitab Undang-Undang Hukum Pidana dapat diterapkan pada kasus-kasus yang terkait dengan praktik yang membahayakan nyawa. Berkaitan dengan tujuan pidana hukum modern, yang dalam mazhab ini mengandung aspek ilmiah, tidak hanya bersifat normatif, dan terkait dengan asas-asas yang tertuang dalam rumusan Pancasila, maka hukuman mati perlu ditarik garis “kemanfaatan” bagi kepentingan umum dan masyarakat terlebih dahulu. dan baru kemudian untuk kepentingan individu, dalam penyusunan kedua pola kepentingan itu tidak mudah jika kedua kepentingan itu bersama-sama membutuhkan jaminan pada saat yang sama. Jika sesuai dengan keadaan konkret peristiwa itu dan menurut kepentingannya akan lebih menguntungkan bagi kepentingan individu daripada kepentingan umum atau masyarakat untuk tidak memilih hukuman mati, maka dapat menghentikan untuk menghentikan jenis kejahatan lainnya.
Legal Politics of Moving The State Capital City(Jakarta) From Java Island To Kalimantan Island Darusman, Yoyon Mulyana
Sinergi International Journal of Law Vol. 3 No. 1 (2025): February 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i1.394

Abstract

Jakarta as the center of the economy and central of government has a double burden which causes its performance as a capital city to not run optimally. Moving the country's capital from Jakarta to East Kalimantan will have impacts for changing the government administration structure in the new capital city. Apart from that, it is hoped that moving the nation's capital will create equality in various fields of justice. Indonesia is a very large country with a population of approximately 280 million people, it is impossible for economic and business development to only be centered on the Java’s island, so that it will create an imbalance in economic growth between Java and outside Java. This research aims to examine and analyze state legal politics regarding the deliver the capital city as regulated in the national capital city (IKN) Law. The research method used a normative research , namely a research method that focuses research on the study of legal norms related to the birth of Law no. 3 of 2002 concerning IKN. With various views, both agreeing and disagreeing, the government has begun implementing the development of the state capital in East Kalimantan with the mission of creating fair equality. With the construction of the Archipelago Capital, it is hoped that visionary governance can be formed and bring a fast change to the new Capital City and it is hoped that it can impact economic growth in the surrounding area
Harmonization of Tax Criminal Law Enforcement with the New Criminal Code (KUHP): A Restorative Justice Perspective Silalahi, Heriantonius
Sinergi International Journal of Law Vol. 3 No. 2 (2025): May 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i2.596

Abstract

This study examines the harmonization of tax criminal law enforcement with the application of restorative justice within the framework of Indonesia's new Criminal Code (KUHP). This reform introduces a new paradigm in criminal law enforcement, focusing on restorative approaches to address tax crimes such as tax evasion, tax avoidance, and aggressive tax planning. This approach aligns with the primary objectives of tax criminal law, namely the recovery of state finances and the deterrent effect, without relying on imprisonment as a primary measure.The main issue addressed in this research is how the harmonization between the criminal provisions in the KUHP and the tax provisions in the General Taxation Provisions and Procedures Law (KUP Law) can create a more effective and inclusive system for enforcing tax criminal law. The research question posed is: How can the application of restorative justice within the harmonized handling of tax crimes in Indonesia enhance taxpayer compliance and expedite the recovery of state finances?The novelty of this research lies in the integration of restorative justice principles into the harmonization of tax criminal law, an area that has not been extensively explored, particularly in relation to the implementation of the new KUHP. The methodology used is a juridical normative approach, supplemented by a comparative analysis of international practices that have successfully implemented restorative justice in tax enforcement.The study finds that the harmonization of restorative approaches with criminal law provisions can improve tax compliance, reduce litigation burdens, and offer more effective solutions for financial recovery. Therefore, the application of restorative justice in tax crimes could be a crucial step in the legal reform process in Indonesia.
Advancing Criminal Justice Reform through Restorative Justice: A Narrative Review Abdulovna, Daryna Dzemish
Sinergi International Journal of Law Vol. 2 No. 4 (2024): November 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i4.719

Abstract

This study presents a comprehensive narrative review of restorative justice within criminal justice systems, analyzing its potential as a reformative alternative to retributive practices. The review aims to synthesize empirical findings on the impact of restorative justice on recidivism reduction, victim satisfaction, and systemic transformation. Literature was systematically collected using databases such as Scopus, PubMed, and Google Scholar, employing keywords like "restorative justice," "mediation," and "criminal justice reform." Inclusion criteria focused on peer-reviewed studies from 2000 to 2025 exploring mediation mechanisms, institutional integration, and socio-cultural impacts. Results show that restorative justice significantly reduces recidivism, fosters victim healing, and improves community engagement. Mediation involving victims, offenders, and community members enhances accountability, reduces trauma, and reinforces social harmony. Comparative studies reveal that implementation success varies across legal systems, influenced by institutional capacity, legal policies, and cultural values. While some jurisdictions integrate traditional values to enhance restorative outcomes, others face challenges due to rigid bureaucracies and weak inter-agency coordination. This review highlights the urgency of policy reforms to support restorative justice through legislation, training, and community awareness. Digital mediation tools and standardized procedures are recommended for broader access and transparency. The findings emphasize the necessity of cross-sector collaboration, legal alignment, and culturally responsive frameworks. Restorative justice emerges as a viable strategy to advance justice reform, aligning punitive responses with principles of empathy, accountability, and social restoration.
From Policy to Practice: Institutional Pathways Toward Environmental Justice in the Global South Azzahra, Aisha
Sinergi International Journal of Law Vol. 2 No. 4 (2024): November 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i4.720

Abstract

Environmental justice has become an increasingly urgent issue in developing countries, where legal reforms often fail to reflect equitable outcomes on the ground. This study aims to explore the interplay between institutional capacity, public policy, and environmental inequality, emphasizing the need for inclusive governance frameworks. Employing a narrative review methodology, the study systematically synthesizes empirical literature drawn from databases such as Scopus, Web of Science, and Google Scholar. Keywords and Boolean operators were applied to identify studies focusing on environmental justice, law, and governance in developing countries, with inclusion criteria targeting empirical and comparative studies. Findings reveal that although legislative reforms have made significant progress in integrating principles of environmental justice, weak institutions and fragmented policy implementation continue to hinder equitable outcomes. Public participation mechanisms and community-based advocacy play a crucial role in bridging governance gaps. Furthermore, comparative analysis with countries in the Global North highlights the importance of decentralization, legal accountability, and participatory oversight in achieving meaningful reform. The results underscore the urgent need for systemic interventions that go beyond legislative reform, including the strengthening of institutions, adoption of independent audit systems, and increased civic engagement. This study recommends multi-dimensional policy models that combine legal, technological, and participatory tools to build resilient environmental justice systems. These insights provide actionable pathways for governments, researchers, and civil society to design more equitable and sustainable environmental governance in the Global South.
The Politics of Asylum: Evaluating Non-Refoulement and Protection Systems for At-Risk Populations Azzahra, Aisha
Sinergi International Journal of Law Vol. 3 No. 1 (2025): February 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i1.721

Abstract

This study explores the complex dynamics surrounding the implementation of non-refoulement and the protection of vulnerable refugee groups. The objective is to synthesize normative and empirical findings to examine systemic challenges and identify strategies for improvement. Using a narrative review approach, the study analyzes multidisciplinary literature across legal, political, and humanitarian domains to uncover patterns in refugee policy and practice. The review finds that despite widespread recognition of non-refoulement as a fundamental principle, implementation gaps persist due to bureaucratic inefficiencies, national security-driven policies, and political rhetoric. Vulnerable groups—such as women, children, and LGBTQ+ individuals—face systemic discrimination and reduced access to justice and social services. Comparative international analysis highlights disparities in protection standards between developed and developing nations, particularly in legal capacity and resource deployment. Solutions proposed in the literature include adopting intersectional approaches, establishing transparent asylum procedures, enhancing institutional coordination, and deploying digital systems to monitor claim evaluations. The study concludes that policy reform must prioritize inclusive frameworks grounded in human rights, with tailored protections for marginalized populations. Further research is needed to assess the impact of these strategies and address implementation constraints. These insights are critical to building responsive and equitable refugee protection systems that uphold international legal standards.
Legal Adaptation in the Age of Digital Creativity: A Global Review Widaningsih
Sinergi International Journal of Law Vol. 2 No. 4 (2024): November 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i4.722

Abstract

The rapid digitalization of creative industries has intensified the urgency to reassess copyright protection in the face of emerging technologies such as artificial intelligence, blockchain, and Digital Rights Management (DRM). This study aimed to explore the legal, technological, and policy challenges of digital copyright through a comprehensive narrative review of international academic literature and policy documents. Using thematic analysis, this study synthesized research findings and regulatory responses related to digital authorship, streaming piracy, fair use in digital education, and technological enforcement tools. Results show a growing disparity in copyright protection effectiveness between developed and developing countries due to differences in infrastructure, legal systems, and policymaking speed. The increasing prevalence of AI-generated content challenges traditional notions of authorship and moral rights. Blockchain is found to offer significant potential for transparent copyright verification, yet legal recognition remains inconsistent. DRM systems, while technically protective, often limit legitimate access and educational use. The findings underscore the necessity of harmonized international regulations, enhanced digital literacy, and adaptive national policies that consider cultural and infrastructural contexts. Recommendations include redefining authorship in the AI era, integrating fair use provisions into legal frameworks, and supporting controlled digital lending in educational institutions. This review highlights that the sustainable future of copyright in the digital era lies in legal flexibility, technological innovation, and inclusive policy development. Further interdisciplinary research is crucial to bridge the gap between technological advancement and equitable legal protection.
Reassessing Human Rights Protection and R2P in Southeast Asia: A Contextual Analysis of ASEAN’s Non-Intervention Doctrine and Institutional Limitations Fitriyah, Aidatul; Hamdan, Ahmad Harith Irfan bin
Sinergi International Journal of Law Vol. 3 No. 1 (2025): February 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i1.723

Abstract

This study aims to examine the structural gap between ASEAN’s rhetorical commitment to the Responsibility to Protect (R2P) and its practical implementation in Southeast Asia, particularly in addressing large-scale human rights violations. Using a qualitative research design, the study adopts a systematic and contextually grounded literature review method, integrating normative analysis and empirical case studies to assess how R2P is interpreted, contested, and operationalized within ASEAN’s legal-political frameworks. Data were sourced from peer-reviewed publications, legal documents, and institutional reports, and analyzed using contextual analysis and thematic coding. The findings reveal that despite formal support for R2P as articulated in the 2005 World Summit Outcome Document, ASEAN’s operational response to humanitarian crises, such as the Rohingya genocide in Myanmar and the prolonged conflict in Papua, Indonesia, remains limited, symbolic, and diplomatically cautious. The region’s deep-rooted adherence to the principle of non-intervention, along with consensus-based decision-making and institutional inertia, has significantly constrained ASEAN’s ability to fulfill the third pillar of R2P: the international responsibility to act when a state fails to protect its population. This study concludes that effective implementation of R2P in Southeast Asia requires not only normative commitment but also institutional transformation. This includes redefining the principle of non-intervention, strengthening the mandate of ASEAN’s human rights mechanisms such as AICHR, and developing coordinated post-intervention strategies that involve local and regional actors. The significance of this research lies in its contribution to both scholarship and policy. It offers a region-specific, norm localization perspective on R2P, addressing gaps in the existing literature that often overlook Southeast Asia’s unique normative context. At the same time, it provides practical insights for reforming ASEAN’s institutional architecture to enable more responsive, legitimate, and context-sensitive humanitarian action.
Beyond Formality: Transforming FPIC into a Tool for Indigenous Empowerment Aznannya, Siti Hatia
Sinergi International Journal of Law Vol. 2 No. 4 (2024): November 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i4.724

Abstract

This narrative review examines the integration of Indigenous rights within environmental legal frameworks, focusing on how Free, Prior and Informed Consent (FPIC) is conceptualized and implemented globally. The study aims to assess whether existing legal systems—both international and national—adequately ensure Indigenous communities' participation in environmental decision-making, particularly concerning extractive and infrastructure projects. Utilizing a narrative literature review method, we synthesized findings from international treaties, national legislations, and case studies from both developed and developing countries. The analysis was structured around the international legal foundations (e.g., UNDRIP, ILO 169), national legal adaptations, case studies involving extractive projects, and community-led strategies for environmental protection. The results show that although international frameworks provide strong normative guidance, national implementation is often inconsistent, constrained by political and economic interests. FPIC, while widely recognized, is frequently reduced to a procedural formality rather than serving as a tool for empowerment. Structural barriers, such as institutional weakness, legal ambiguity, and the dominance of economic paradigms, further erode Indigenous environmental rights. In contrast, countries that integrate legal pluralism and community-driven consultation show more promising outcomes. The study concludes that effective legal reform should prioritize participatory frameworks, enforceable FPIC mechanisms, and the institutionalization of customary knowledge. These findings have implications for policy reform and future research on environmental justice and Indigenous sovereignty.
Institutional Reform and Social Justice in Child Protection Systems Widaningsih
Sinergi International Journal of Law Vol. 3 No. 1 (2025): February 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i1.725

Abstract

This narrative review investigates the alignment between international child rights frameworks and domestic implementation practices across multiple regions, with a focus on vulnerable populations, including children in armed conflict, refugee contexts, and marginalized communities. Drawing on a systematic synthesis of empirical and theoretical literature, the study utilized databases such as Scopus, Google Scholar, JSTOR, and HeinOnline to explore the themes of child justice, education, healthcare access, and protection from violence and exploitation. Results highlight persistent challenges in translating global norms, such as the UNCRC, into actionable national policies due to bureaucratic fragmentation, cultural resistance, and political instability. Comparative insights from conflict and post-conflict countries underscore the critical role of institutional maturity, legal reform, and interagency collaboration in enhancing child protection mechanisms. The discussion further emphasizes the importance of child participation, cross-sectoral policy coherence, and community-based approaches. Legal innovations such as specialized child courts and inclusive education policies are found to be effective when combined with capacity-building and sustained monitoring systems. This review concludes that child rights protection demands a multidisciplinary and culturally sensitive strategy that integrates legal, educational, and social sectors. Future research should address existing gaps by evaluating context-specific interventions and developing scalable models that strengthen national compliance with international norms.

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