cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Alvan Maulana Azzayni
Contact Email
alvanmaulanaazzayni@gmail.com
Phone
+6282140898548
Journal Mail Official
journal@idpublishing.org
Editorial Address
Gg. Broto Manunggal V, Brajan, Tamantirto, Kec. Kasihan, Bantul, Daerah Istimewa Yogyakarta 55184
Location
Kab. bantul,
Daerah istimewa yogyakarta
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 133 Documents
 8   9   10   11   12 
Problems of Proving and Confiscating Crypto Assets Proceeding from Money Laundering Crimes by the Prosecutor's Office in the Indonesian Criminal Justice System Emil Brunner; Lucky Ferdiles
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5811

Abstract

This study aims to analyze the challenges of proving and confiscating crypto assets in money laundering crimes and to formulate an adaptive legal concept within the Indonesian criminal justice system. The method used is normative juridical with a statutory and conceptual approach, through a review of the Criminal Procedure Code and its updates, Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes, and Law Number 1 of 2024 concerning the Second Amendment to the Electronic Information and Transactions (ITE) Law. The results show that the Indonesian criminal law evidentiary system is not yet completely able to accommodate the decentralized, pseudonymous, and cross-jurisdictional characteristics of crypto assets, resulting in difficulties in identifying ownership, validating blockchain evidence, and relying on expert testimony. Furthermore, the mechanism for confiscation and confiscation of assets is also ineffective due to limited regulations regarding private key control, digital evidence management, and technical and jurisdictional barriers. Therefore, legal reform is needed by strengthening blockchain-based electronic evidence regulations, developing adaptive asset recovery mechanisms, including non-conviction-based forfeiture, and enhancing the institutional capacity of the Attorney General's Office and international cooperation. This will enable a criminal justice system that is responsive to technological developments and effective in combating crypto-asset-based money laundering.
Registration of Mining Business Permits in the Indonesian Minerba One Data System (MODI) of the Ministry of Energy and Mineral Resources Reviewed from the Perspective of State Administrative Law Muh. Rustiawan Ardiansyah; Ahmad Redi
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5826

Abstract

This study examines the Mining Business Permit (IUP) registration regulations in the Minerba One Data Indonesia (MODI) system of the Ministry of Mineral Resources and Energy from the standpoint of State Administrative Law. The study problem's primary focus is on how the Minister of Energy and Mineral Resources' Decree Numbers 15.K/HK.02/MEM.B/2022 and 297.K/MB.01/MEM.B/2023 differ in their IUP registration regulations and how this affects how State Administrative Court rulings are implemented. The normative legal research method used in this study includes a statutory regulatory approach, a comparison approach, and a case approach. Both primary legal resources, like laws and court decisions, and secondary legal resources, such as relevant books and academic publications, are used. The findings demonstrate that legally binding court rulings are still accepted by the Minister of Energy and Mineral Resources' Decree Number 15 of 2022 as the foundation for processing and registering IUPs in the MODI system. However, this approach was modified by the Minister of Energy and Mineral Resources Decree No. 297 of 2023, which concentrated on the organization and reconciliation of licensing data by the national and local governments. This difference in regulation has the potential to create a conflict between administrative policies and the obligation to implement court decisions, as reflected in the PT Gapura Mario Sejahtera dispute. The Supreme Court's decision in this case emphasized that administrative policies cannot override the obligation of state administrative officials to implement legally binding court decisions.
Reformulation of the Investigative Mechanism for Medical Personnel in Alleged Malpractice Resulting in Patient Death Based on the Due Process of Law Principle in the New 2026 Criminal Procedure Code Arthur Daniel Thomas Betlehem; Azis Budianto
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5827

Abstract

This study aims to analyze and reconstruct the legal standing of professional organization recommendations in the investigation of medical personnel suspected of causing patient death from the perspective of reforming Indonesian criminal procedure law. The research problem arises from the disharmony of norms between the investigator's authority in criminal procedure law and the provisions of Law Number 17 of 2023 concerning Health, specifically Article 308 which requires a recommendation from the Professional Disciplinary Council before legal proceedings against medical personnel are carried out. In practice, this provision is often interpreted as an absolute requirement (de facto) that has the potential to limit the investigator's authority as regulated in criminal procedure law and create legal uncertainty. This study uses a normative juridical method with a statutory and conceptual approach. The results show that normatively, professional organization recommendations do not have binding force as a requirement for initiating an investigation, but rather only serve as a form of persuasive expert testimony. However, the formulation of norms in Article 308 of the Health Law which uses the phrase "a recommendation must first be requested" creates normative ambiguity and a conflict of authority between law enforcement officials and professional organizations. Therefore, this study proposes a legal reconstruction through a mandatory consultative model with a double-gate mechanism approach, namely an ethical/disciplinary screening mechanism that runs parallel to criminal investigations without eliminating the investigator's authority. This reconstruction is expected to harmonize criminal procedure law and health law and ensure a balance between the protection of medical personnel, patient rights, and legal certainty in the Indonesian criminal justice system.
Legal Implications of the Suspension of Debt Payment Obligations (PKPU) Process for Legal Entity Debtors and Personal Guarantors from the Perspective of the Separate Legal Entity Doctrine St. Luthfiani; KMS Herman
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5828

Abstract

Suspension of Debt Payment Obligations (PKPU) is a legal instrument in bankruptcy. PKPU provides debtors with the opportunity to reorganize their debts through a settlement plan with creditors. In business practice, debtors in the form of legal entities are usually assisted by personal guarantors. Personal guarantors guarantee the debtor's obligations to creditors. This situation raises legal issues regarding the boundaries of liability between legal entity debtors and individual debt guarantors. The problem arises from the principle of separate legal entities. The principle of separate legal entities states that legal entities are independent. Legal entities have a separate legal personality from managers, shareholders, and other parties. This study aims to analyze the legal implications of PKPU applications for legal entity debtors. This study also analyzes the legal implications of PKPU applications for individual guarantors of debt. The analysis is conducted using the principle of separate legal entities. The study uses normative juridical legal methods. The researchers used three approaches: statutory, conceptual, and case studies in relevant commercial court decisions. The results indicate that a request for a Personal Assurance Payment for Debt for a legal entity debtor does not directly bind the individual debt guarantor. The two entities remain separate due to the principle of separate legal entities. However, a personal guarantee can expose the guarantor to liability if the debtor fails to pay the creditor. Therefore, the application of the separate legal entity principle must be understood proportionally. Consider the legal relationships arising from the debt guarantee agreement. This research contributes to the development of bankruptcy law studies. It provides legal certainty regarding the position of the individual guarantor in the Suspension of Debt Payment (PKPU) process
Implementation of Legal Policies at the Corruption Eradication Commission (KPK) in Handling Corruption Crimes in Indonesia Rossa Purbo Bekti; KMS Herman
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the implementation of legal policy within the Corruption Eradication Commission (KPK) in handling corruption in Indonesia, particularly after the amendment to Law Number 19 of 2019. The method employs normative juridical research with a statutory and conceptual approach. The results reveal that the legal policy for eradicating corruption is realized through strengthening the legal basis for corruption and establishing the KPK as a state institution with strategic authority in coordination, supervision, investigation, prosecution, and prevention. However, regulatory changes through Law Number 19 of 2019 have implications for the KPK's position, independence, and effectiveness, particularly through the establishment of a Supervisory Board, changes to the wiretapping mechanism, and the status of employees to civil servants (ASN). Therefore, strengthening the institutional independence of the KPK remains a crucial aspect in maintaining the effectiveness of corruption eradication in Indonesia.
Reconstruction of Criminal Law Policy on Misuse of Cooperative Member Funds Based on the Principles of Accountability and Legal Protection of Members M. Irwan Susanto; Boy Nurdin
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5830

Abstract

This study seeks to analyze the normative weaknesses of criminal law policy regarding the misuse of cooperative member funds in the Indonesian positive legal system and to reconstruct a criminal law policy model based on the principles of accountability and legal protection of members in the reform of cooperative law. The study employs a normative juridical method under a statutory and conceptual approach through a review of the 1945 Constitution of the Republic of Indonesia, Law Number 25 of 1992 concerning Cooperatives, the Criminal Code, Law Number 1 of 2023 concerning the Criminal Code, and regulations related to money laundering and electronic transactions. The study results indicate that the current criminal law policy still relies on general offenses such as embezzlement, fraud, and forgery, so it cannot accommodate the characteristics of the fiduciary relationship between managers, supervisors, and members of cooperatives. These weaknesses are evident in the vagueness of criminal liability norms, disharmony between general criminal law and cooperative law, weak proof of the element of intent, and the absence of an effective mechanism for recovering member losses. The proposed reconstruction includes a reformulation of the specific offense of misuse of cooperative member funds, a fiduciary duty-based criminal liability model, strengthening of cooperative corporate criminal liability, integrating penal and administrative sanctions, implementing an early warning system for fraud, and a restorative justice model focused on recovering member funds through a victim compensation scheme. This model is expected to contribute to reforming cooperative law to be more responsive, equitable, and able to guarantee effective legal protection for members.
Reconstruction of Criminal Law Policy in Handling Corruption Crimes Based on Illicit Enrichment to Realize Just Recovery of State Assets Asep Guntur Rahayu; Ahmad Redi
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5831

Abstract

This study aims to analyze the weaknesses of positive criminal law policies in handling corruption crimes against state asset recovery, examine the lack of illicit enrichment norms in the Indonesian criminal law system, and reconstruct a model of illicit enrichment-based criminal law policy through an integrative approach of prevention and enforcement to realize just state asset recovery. The study employs a normative juridical method with a statutory and conceptual approach. The outcomes indicate that Indonesian positive law is still oriented towards the follow-the-act paradigm, so that it has not optimally pursued the proceeds of crime, while the non-adoption of Article 20 UNCAC into national law has created a lack of norms regarding unexplained wealth as an independent offense. The novelty of this study lies in the reconstruction of an integrative model that connects LHKPN, PPATK, taxation, banking, and beneficial ownership tracing through the stages of clarification, audit, disproportionate wealth analysis, asset recovery mediation, litigation, and confiscation while still guaranteeing due process of law, human rights protection, and ultimum remedium. This model produces a formulation of ius constituendum in the form of an ideal norm of illicit enrichment as the missing link in a more effective and equitable Indonesian asset recovery policy.
The Role of the Public Prosecutor as Dominus Litis in Filing a Demand for Acquittal (Comparison of the Old and The New KUHAP Criminal Procedure Code) Endang Rahmawati AR; Megawati Barthos
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5832

Abstract

The enactment of Law Number 20 of 2025 concerning the criminal procedure code marks a new milestone in the criminal justice system. It not only strengthens criminal justice as a whole but also has a significant impact on the role of the public prosecutor as dominus litis. The existence of the public prosecutor as dominus litis can be observed in one of their authorities, namely the power to bring cases before the court. Various legal literatures define dominus litis in different ways; however, it can be concluded that scholars generally agree that dominus litis refers to the role of the public prosecutor as the controller of the case. The implementation of the new criminal procedure code reinforces the status of the public prosecutor as the controller of the case, including granting the authority to submit an acquittal demand. This research employs a normative juridical method by linking statutory regulations to analyze legal norms related to the authority of the public prosecutor. In addition, this study utilizes various legal literatures as well as internal prosecutorial regulations to examine the implementation of the dominus litis principle in submitting acquittal charges. The results of the study indicate that the public prosecutor possesses full rights and authority in filing criminal charges, including acquittal charges, derived from the principle of dominus litis. This strengthened role is emphasized in the new criminal procedure code and its implementing regulations, where the public prosecutor functions not only to present indictments but also as the controller of the case who must prioritize objectivity based on facts revealed during trial. As the owner of the case, the public prosecutor bears full responsibility to ensure that the judicial process does not impose punishment on individuals who are not proven guilty. This underscores that the success of prosecution is not measured by the severity of punishment, but by the realization of justice and material truth in line with the spirit of reform in the national criminal procedure law.
Reconstruction of the Regulations Prohibiting Dual Positions for TNI Soldiers in Civilian Positions as an Effort to Strengthen the Supremacy of Law and Military Professionalism Syamsul Jahidin; Lucky Ferdiles
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5833

Abstract

This study aims to analyze and reconstruct the regulation prohibiting dual positions for TNI soldiers in civilian positions as an effort to strengthen the rule of law and military professionalism in the Indonesian state system. The study employs a normative juridical method, combining a statutory and conceptual approach, by examining Law Number 34 of 2004 concerning the Indonesian National Armed Forces, the 1945 Constitution of the Republic of Indonesia, and other related regulations. The results of the study indicate that, normatively, the dual position prohibition has been firmly regulated, particularly in Article 39, letter c. However, in practice, a gap exists between norms and implementation due to unclear regulations, multiple interpretations of provisions on assignments outside the TNI structure, and weak supervision and sanctions. This condition has an impact on weakening the principles of the rule of law, civilian supremacy, and military professionalism. Therefore, the reconstruction of legal regulations is needed through the affirmation of the prohibition norm in a limited manner, strengthening the oversight mechanism, and harmonizing laws and regulations to ensure legal certainty and prevent abuse of authority. This study offers a model of legal reform that is not only normative but also implementative in strengthening democratic civil-military relations.
Reformulation of Legal Criteria for Mandatory Rehabilitation for Drug Abusers in the Indonesian Criminal Justice System Sunardi; Tina Amelia
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5834

Abstract

This study aims to analyze and reformulate the legal criteria for mandatory rehabilitation for drug abusers in the Indonesian criminal justice system, which currently lacks clear and operational parameters. The method used is normative legal research, with a legislative and conceptual approach, based on a review of Law Number 35 of 2009 concerning Narcotics, its implementing regulations, and the principles of criminal law and human rights. The results indicate that although mandatory rehabilitation norms have been established, their implementation still faces various problems, including the dominance of official discretion, disparity in sentencing, the use of possession articles against users, and the weakness of integrated assessments as stipulated in the 2014 Joint Regulation of 7 Institutions concerning the Management of Narcotics Addicts. The absence of clear legal criteria creates legal uncertainty and substantive injustice, contradicting the principles of the 1945 Constitution of the Republic of Indonesia. Therefore, this study proposes reformulating the legal criteria for mandatory rehabilitation based on objective parameters, strengthening integrated assessments, and integrating institutions within a double-track system framework to create a fairer, more certain, and recovery-oriented criminal justice system.

Page 10 of 14 | Total Record : 133

 8   9   10   11   12 

Filter by Year

2023 2026


Reset
Filter By Issues
All Issue Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection Vol. 3 No. 2 (2026): March Vol. 3 No. 1 (2025): December Vol. 2 No. 4 (2025): September Vol. 2 No. 3 (2025): June Vol. 2 No. 2 (2025): March Vol. 2 No. 1 (2024): December Vol. 1 No. 3 (2024): June Vol. 1 No. 2 (2024): March Vol. 1 No. 1 (2023): December