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Alvan Maulana Azzayni
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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 133 Documents
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Falsification of Marriage Registration Data in Unauthorized Polygamy Practices: A Juridical Analysis Based on Article 391 of Law Number 1 of 2023 Tety Andriani; 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.v3i3.1.5837

Abstract

Marriage registration in Indonesia is not merely an administrative requirement, but a legal mechanism intended to secure certainty and protect the rights of those within a marital relationship, particularly women and children. In practice, however, this framework is not always observed, as instances of unauthorized polygamy continue to occur, often accompanied by the falsification of marital status in order to bypass legal requirements. This article examines how such conduct is constructed and qualified within Indonesian law, with specific reference to Article 391 of Law No. 1 of 2023 on the Criminal Code. Using a normative juridical approach based on statutory and conceptual analysis, the study draws upon relevant legislation and legal doctrine to assess the issue. It finds that falsification of data in marriage registration cannot be viewed solely as an administrative or civil irregularity, but rather as conduct that may satisfy the elements of a criminal offence. While the Marriage Law places strict limitations on polygamy, these safeguards are frequently circumvented through false declarations or concealment of prior marital status. In this respect, Article 391 provides a more adaptive legal basis than earlier provisions, as it accommodates developments such as electronic documentation and introduces alternative sanctions in the form of fines. The implications of such practices are far-reaching, affecting not only the legal position of spouses and children but also the reliability of the population administration system. For this reason, addressing unauthorized polygamy requires more than civil remedies alone; it calls for a combination of administrative reform, improved data verification, greater legal awareness, and consistent application of criminal law to ensure that the underlying conduct is properly addressed.
Conceptual Reconstruction of Legal Diversity in the National Legal System as an Effort to Realize Substantive Justice in a Multicultural Society Lorraine Rangga Boro; Suparno
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.v3i3.1.5839

Abstract

This study aims to reconstruct the conceptualization of legal diversity in the national legal system as an effort to realize substantive justice in Indonesia's multicultural society, however, in legislative and judicial practice, the legal centralism paradigm and positivistic approach still dominate, which places state law as the sole normative authority. The study employs a normative juridical method, utilizing a statutory and conceptual approach, to analyze the normative construction of legal pluralism, the problems of norm conflict and regulatory disharmony, and the inconsistency in the recognition of customary law and religious law in judicial practice. The study results indicate that the recognition of legal diversity remains sectoral and conditional, and as a result, it has been unable to guarantee substantive justice for vulnerable groups. This research proposes a model of constitutional legal pluralism based on the Pancasila Rule of Law, which positions the constitution as the meeting point for harmonizing state and non-state law and restructuring the relationship between legal certainty and substantive justice within the national legal system.
Reconstruction of the Authority of General Court Judges in Filling Legal Vacuum as an Effort to Strengthen Legal Certainty and Substantive Justice Ismu Bahaiduri Febri Kurnia; Riswadi
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.v3i3.1.5840

Abstract

In order to improve the balance between substantive justice and legal certainty in the Indonesian legal system, this study attempts to rebuild the power of general court judges to close legal gaps. In contrast to Article 24, paragraph 1 of the Republic of Indonesia's 1945 Constitution and Article 5, paragraph 1 and Article 10, paragraph 1 of Law Number 48 of 2009 concerning Judicial Power, judges have the normative legitimacy to investigate the legal values that exist in society rather than rejecting cases because the law is unclear or nonexistent. However, in practice, there are no systematic parameters regarding the limits of judicial discretion and methodological standards for legal discovery, thus potentially giving rise to inconsistencies and disparities in decisions. The study employs a normative juridical method with a statutory and analytical approach to examine normative construction, theoretical and practical problems, and formulate a model for reconstructing judges' authority based on the constitution, proportionality, and accountable legal arguments. The research findings indicate that more structured normative parameters and methodological guidelines must ensure that filling legal gaps remains within the framework of legislative supremacy and achieves substantive justice consistently and measurably.
The Ambivalence of the Supreme Court's Jurisprudence in Recognizing the Customary Rights of Indigenous Communities and Its Implications for the Transformation of the Concept of Communal Rights in National Land Law Akh Mulyanto; Richard
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.v3i3.1.5841

Abstract

This study's objective is to examine the Supreme Court's reluctance in acknowledging indigenous peoples' customary rights and its consequences for the evolution of the notion of communal rights in Indonesian national land law. However, the Supreme Court's jurisprudence exhibits an ambivalent tendency in judicial practice, where a formal evidentiary strategy that prioritizes land title certificates as the primary evidence in land disputes frequently limits the acceptance of customary law. On the other hand, the development of legislative policies that introduce the concept of communal rights as a form of recognition of land ownership by indigenous communities aims to provide legal certainty, but has the potential to reduce the dimension of customary authority contained in the concept of customary rights. In order to achieve agrarian justice for Indonesia's indigenous communities, it is necessary to reconstruct the paradigm of more substantive customary law recognition within the national land law system. This circumstance demonstrates how the dualism between state law and customary law in the land sector persists in a new form.
Reconstructing The Role of Notaries in Electronic Commerce : A Notary-Based Digital Authentication Model for Ensuring Legal Certainty in Electronic Contracts Andrian Danul Firmansyah; 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.v3i3.1.5845

Abstract

The digital transformation of commerce through electronic system (e-commecer) has fundamentally shifted the paradigm of contract law from physical interaction-based agreements to technology-driven transactions. Although electronic contracts have gained legal recognition, their practical implementation continues to face fundamental challenge, particulary in ensuring legal certainty, identity verivication, legal capacity, and the validity of consent, which is often reduce to a mere “click to agree“ formality. These conditions reveal a structural gap between classical contract law principles and the realities of digital transactions. This study aims to critically examine the validity of electronic contracts under indonesian law and to reconstruct the role of notaries in ensuring legal certainty within digital transactions. The research employs a normative juridicial method combined with statutory, conceptual, and comparative approaches, analyzing legal frameworks in the Eropean Union, the United States, and Singapore. The finding indicate that te primary weakness lies in the absence of robust identity authentication mechanisms and the lack of reliable authority to verify the legal capacity of contracting parties. Therefore, this study proposes the Notary-Bases digital Authentication model (NDAM) as a alegal reconstruction framework that positions notaries as digital trust authorites. The model integrates digital identity verification, legal capacity assessment, contract authentication, and electronic signature validation within a unifies system.the main contribution of this research lies in the development of a normative model that bridges the structural gap between classical contract law and the digital ecosystem, thereby enhacing legal certainty and trust in electronic transactions.
Stock Price Manipulation (Pump and Dump Stock) and Threats to Indonesian Capital Market Classification: A Legal Analysis from an Investor Protection Perspective Gneissa Beltsazar; Lastuti Abubakar; Tri Handayani
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.v3i3.1.5846

Abstract

This study aims to juridically analyze the practice of stock price manipulation (“gorengan stocks”) as a form of market abuse from the perspective of investor protection and the maintenance of capital market integrity in Indonesia. The background of this research is based on the increasing prevalence of pump and dump practices, which result in stock prices that do not reflect the fundamental conditions of the issuing companies. This phenomenon potentially harms investors, particularly retail investors, and undermines trust in the capital market. This research employs a normative juridical method, utilizing both a statutory approach and a conceptual approach, supported by primary, secondary, and tertiary legal materials. The findings indicate that the practice of gorengan stocks constitutes a form of market manipulation that is explicitly prohibited under Law Number 8 of 1995 concerning Capital Markets, particularly in Articles 90 to 93. In this context, the Financial Services Authority (OJK) plays a crucial role in supervision and law enforcement, while the Indonesia Stock Exchange (IDX) is responsible for maintaining orderliness and transparency in securities trading. However, the effectiveness of supervision and law enforcement continues to face significant challenges, particularly due to the increasingly complex modes of manipulation, including those conducted through social media and the use of nominee accounts. In addition to causing financial losses to investors, such practices also contribute to declining market confidence and may negatively affect the global perception of the quality of Indonesia’s capital market. Therefore, strengthening regulatory frameworks, enhancing supervisory mechanisms, and promoting continuous investor education are essential to establish a transparent, fair, and trustworthy capital market. This study is expected to contribute to the development of capital market legal policies as well as investor protection in Indonesia.
Reconstructing Shared Responsibility for Refugee Education under ARSIWA Ricky Primanda Ikrar Abadi
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.v3i3.1.5847

Abstract

This study examines the growing challenges in ensuring refugees’ right to education within the current international legal framework. As the number of displaced persons continues to increase globally, the existing system largely based on territorial responsibility has proven insufficient in addressing the needs of refugee populations, particularly in transit countries with limited capacity.This research aims to rethink how state responsibility is distributed by using the framework of the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), combined with international human rights obligations. Using a normative legal approach and literature-based analysis, this study explores how responsibility can be shared among states based on both their contribution to displacement and their institutional capacity. The findings suggest that a purely proximity-based model is inadequate. Instead, a shared responsibility approach where sending, transit, and receiving states all play distinct roles—offers a more balanced and realistic solution. By reinterpreting ARSIWA, particularly provisions related to aid and assistance, this study argues that responsibility should extend beyond territorial borders. This approach not only contributes to legal scholarship but also provides a more practical foundation for developing fairer international policies on refugee education.
Reformulation of Corporate Criminal Liability for Environmental Pollution and Degradation in the Mining Sector in Indonesia Rihat Hutabarat
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.v3i3.1.5848

Abstract

This study aims to analyze the Indonesian positive law governing corporate criminal liability for environmental crimes arising from mining activities, assess the effectiveness of its enforcement, and formulate a more progressive and relevant reconstruction model. The research problem stems from the gap between legal norms, which have formally recognized corporations as subjects of criminal law, and law enforcement practices, which remain predominantly reliant on administrative and civil instruments. This research employs a normative-empirical legal method using statutory, conceptual, case, and comparative approaches. The data were analyzed qualitatively through descriptive-analytical, evaluative, comparative, and prescriptive stages. The findings indicate that the Law on Environmental Protection and Management has provided a legal basis for imposing criminal liability on corporations; however, its implementation remains weak due to the difficulties in proving corporate fault, the limited technical capacity of law enforcement officials, weak inter-agency coordination, and the strong influence of economic and political interests. A comparative analysis of the legal frameworks of the United States, the United Kingdom, and Australia demonstrates that the approaches of corporate culture, strict liability, and corrective additional criminal sanctions are more effective in holding corporations accountable. Accordingly, this study proposes a reconstruction of corporate criminal liability that positions the corporation as the principal offender through fault attribution based on corporate culture, the strengthening of strict liability for certain environmental offences, and the imposition of ecological restoration, concession disqualification, publication of judgments, and compliance monitorship. This model is expected to strengthen ecological justice, protect affected communities, and ensure environmental sustainability.
Institutional Independence and the Effectiveness of the Regional Representative Council of The Republic of Indonesia Powers in the Formulation of the State Budget Law Iswan
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.v3i3.1.5849

Abstract

This study examines the relationship between institutional independence and the effectiveness of the Regional Representative Council’s authority in the formulation of the State Budget Law. The main issue lies in the limitations of the Regional Representative Council’s authority, which results in its limited influence in the legislative process. This study employs a normative legal approach, involving an analysis of legislation, constitutional theory, and relevant literature. The findings indicate that the limitations on the effectiveness of the Regional Representative Council’s authority are not only due to normative aspects but also to the weakness of institutional independence within the constitutional structure. In this context, the existing institutional design has not been able to create an effective mechanism for the balance of power. Therefore, strengthening the role of the Regional Representative Council requires a reconstruction of the institutional design capable of systematically integrating authority, independence, and effectiveness within the national legislative system.
The Application of Substantive Justice in the Indonesian Criminal Code to Online Gambling Offenders Through the Principle of Proportionality in the Prosecution Process Rolando Ritonga
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.v3i3.1.5850

Abstract

The rapid development of digital technology has transformed gambling from a conventional offense into an online-based crime involving complex networks and cross-regional actors, while law enforcement in Indonesia continues to focus primarily on lower-level offenders, resulting in disparities in justice. This study aims to analyze the regulation of gambling offenses within the Indonesian criminal law system, examine current law enforcement practices against online gambling offenders, and explore the importance of applying the principle of proportionality in the prosecution process to achieve substantive justice. This research adopts a normative juridical approach with a descriptive-analytical method, utilizing library research on primary, secondary, and tertiary legal materials, which are analyzed qualitatively through legal interpretation, systematization, and argumentation. The findings indicate that although the legal framework has accommodated online gambling offenses, enforcement practices remain dominated by a retributive paradigm and have not optimally incorporated the principle of proportionality, resulting in an imbalance between the degree of culpability and the sanctions imposed. Furthermore, the socio-economic background of offenders has not been adequately considered in prosecutorial decision-making. This study contributes conceptually by proposing the integration of proportionality and substantive justice as a foundation for a more equitable, rational, and humane prosecution policy within the Indonesian criminal justice system.

Page 11 of 14 | Total Record : 133

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