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INDONESIA
Journal Customary Law
Published by Indonesian Journal Publisher
ISSN : 3026460X     EISSN : 3026460X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal Customary Law is an international legal journal that publishes research and theoretical articles related to various legal fields. The journal aims to provide scholarly and authoritative articles that discuss legal issues of current importance to both academic research and legal practice. JCL has a national and international readership and publishes refereed contributions from authors around the world. The journal also publishes review articles, but only for selected or invited authors, containing critical notices of recently published books. JCL addresses specific issues on private law, criminal justice, constitutional law, human rights, administrative law, international law, and Islamic law. JCL publishes peer-reviewed articles to increase the efficiency of the process and ensure the quality of published articles. JCL extends its warm welcome for authors to submit their research or theoretical articles that contribute to the development of legal knowledge in these fields. The journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Umum - Umum
Articles 13 Documents
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Search results for , issue "Vol. 2 No. 3 (2025): June" : 13 Documents clear
Concept and Implications of Legislative Theory in Omnibus Law Utami, Tanti; Shifa, Agisni; Oktaviani, Mita; Amanda, Shakilla; Madinawati, Shifa
Journal Customary Law Vol. 2 No. 3 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v2i3.4172

Abstract

This research to analyze the implementation of the omnibus law concept within Indonesia’s legal system using legislative theory as a framework for evaluation. It focuses on assessing the feasibility, impact, and long-term implications of adopting a legislative method commonly found in common law countries and applying it in a nation that adheres to the civil law tradition. The research adopts a normative juridical method with a literature-based approach, collecting data from academic books, journals, articles, statutory regulations, and judicial decisions relevant to legal development and regulatory reform in Indonesia’s current context. The study finds that the omnibus law has the potential to simplify the legal framework, eliminate overlapping regulations, and increase economic competitiveness through more efficient governance and legal certainty. However, the research also uncovers critical legal and constitutional issues, such as inconsistencies with the principle of the single subject rule, ambiguity in the legislative hierarchy, and a lack of substantive public participation. The findings emphasize that the current legal structure, as outlined in Law No. 12 of 2011 and its amendment, is not adequately equipped to support the comprehensive nature of omnibus legislation. Therefore, for this concept to be properly implemented, it must be accompanied by institutional and procedural reforms, including legal amendments, mechanisms for transparent harmonization, and inclusive civic engagement. These adjustments are essential to ensure the legitimacy, legal certainty, and democratic accountability of laws made under the omnibus model. Ultimately, without these fundamental reforms, the omnibus law risks undermining the very legal order it seeks to streamline.
The Influence of Globalisation in the Formation of Legislative Theory in Indonesia Utami, Tanti Kirana; Nurul Hidayatulah, Moh Aldi; Damar Nagara, Muhammad Abhiansyah; Saputra, Arya Riansyah
Journal Customary Law Vol. 2 No. 3 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v2i3.4211

Abstract

This study aims to analyse the extent to which globalisation has influenced the formation of legislative theory in Indonesia, as well as to examine Indonesia's efforts to maintain a balance between openness to international legal norms and the preservation of national legal characteristics. Globalisation has brought about significant changes in Indonesia's legal system, ranging from the increased adoption of international legal principles to transparency in the legislative process. This study uses a descriptive-analytical method with a normative legal approach and is supported by an empirical legal approach. Data was obtained through a literature review covering legislation, legal literature, and empirical facts related to legislative practices in a global context. The results of the study show that globalisation has encouraged a shift in legislative theory from a normative and centralised approach to a more participatory, adaptive, and democratic approach. Global influences are also reflected in the transformation of legal values that are more open to the principles of social justice, public participation, and the protection of human rights. On the other hand, Indonesia continues to show its commitment to maintaining its legal identity by incorporating the values of Pancasila, customs, and local wisdom into the legislative process. Therefore, legislative theory in Indonesia has developed as a result of dialogue between local values and global demands. This finding underscores the importance of harmonising national law in a way that not only follows global trends but also strengthens the sovereignty and identity of the nation's legal system.
Prospects for the Improvement of Criminal Liability for Hostage-Taking Offenses Annakulov, Azamat
Journal Customary Law Vol. 2 No. 3 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v2i3.4738

Abstract

This article analyzes the problems and prospects for improving criminal liability for the offense of taking a person hostage. From the perspective of public security, the author evaluates the high degree of social danger posed by this crime and examines the deficiencies in the current legal response. A comparative legal analysis of national and international legislation is conducted to identify gaps and inconsistencies in the legal regulation of hostage-taking. Particular attention is given to the need for harmonizing Uzbekistan’s criminal code with international legal standards. The article also outlines proposals for enhancing pre-crime prevention measures and improving the efficiency of investigation and prosecution processes. Drawing on the experiences of foreign countries, the study substantiates the necessity of introducing targeted amendments to domestic legislation to ensure timely legal responses and greater protection of public safety. The author argues that a multidisciplinary and proactive legal approach, supported by interagency cooperation and modern investigative methods, is essential for effectively deterring and addressing hostage-taking offenses in contemporary criminal justice practice.

Page 2 of 2 | Total Record : 13

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