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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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Problematics of Interfaith Marriage: The Interaction between Islamic Human Rights and Universal Human Rights Abdul Mufti Albasyari; Eman Suparman
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.v3i3.1.5851

Abstract

Marriage constitutes a sacred covenant that binds a man and a woman as husband and wife. Fundamentally, each religion prescribes its own regulations governing marriage. However, in practice, interfaith marriage remains prevalent in Indonesia and continues to generate debate, including among Muslim communities. This library-based research aims to examine how Islamic human rights and Western human rights perspectives respond to the practice of interfaith marriage in Indonesia. The findings indicate that, from the standpoint of universal human rights, the Kompilasi Hukum Islam (Compilation of Islamic Law) as the legal foundation regulating interfaith marriage in Indonesia is considered inconsistent with universal human rights principles, which are anthropocentric in nature, where the freedom to establish a family appears to be constrained. Conversely, within the framework of Islamic human rights, the prohibition of interfaith marriage as stipulated in the KHI  is regarded as both justified and appropriate. In the context of family formation, Islamic human rights emphasize the primacy of religious values over anthropocentric principles. Islamic human rights not only recognize rights among human beings (huquq al-‘ibad), but also ground these rights in fundamental obligations that are inherently binding in devotion to Allah SWT (huquq Allah).
Rethinking Asset Recovery in Indonesia: The Urgency of Non-Conviction Based Forfeiture (NCBAF) within a Substantive Justice Framework Irdanul Achyar
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.v3i3.1.5852

Abstract

This article critically examines the urgency of reforming the asset recovery policy and the restitution of state financial losses in corruption cases in Indonesia. Although asset recovery occupies a central position in the anti-corruption regime, the current positive legal framework remains fragmentary and incomprehensive, particularly due to a legal vacuum (vacuum of law) regarding a specific asset forfeiture law. At the practical level, the application of the safekeeping institution mechanism, which is rooted in civil law, into the realm of criminal proceedings has triggered structural disharmony between legal regimes. This condition undermines the principles of due process of law, the protection of property rights, and legal certainty, while also creating loopholes for abuse of power and the criminalization of corporations. Furthermore, the discourse on adopting the Non-Conviction Based Asset Forfeiture (NCBAF) instrument brings about a sharp intersection between the efficiency of law enforcement and the protection of constitutional rights. Through a normative legal research method combined with a socio-legal approach, this study analyzes statutory instruments, legal doctrines, and law enforcement practices to identify legal loopholes and disharmony within the national asset recovery system. The research findings indicate that the current legal construction is fraught with normative conflicts, regulatory vacuums, and weak institutional accountability, which in turn reduces the effectiveness and legitimacy of law enforcement. This article argues that asset recovery must be reconstructed so that it does not merely operate as a technical law enforcement instrument, but is repositioned into a paradigm of substantive justice. The research proposes a legal reform model that emphasizes the acceleration of NCBAF legislation enactment, accompanied by strict procedural safeguards, clear demarcation of institutional authority, and the practical integration of restorative and redistributive justice values. This research contributes to the discourse on asset recovery by offering a novelty perspective that elaborates on anti-corruption efforts through the rule of law principle and a justice-oriented governance approach.
The Ambivalence of the Nemo Plus Juris Principle in the Validity of Land Transactions in the Digital Verification System Amrullah; 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.v3i3.1.5854

Abstract

The digitalization of land administration has driven fundamental changes in how the validity of land rights transactions is understood and applied in legal practice. The implementation of electronic certificates, database integration, and digital verification mechanisms has strengthened public reliance on the registration system as a source of administrative legitimacy. This development has given rise to normative ambivalence regarding the principle of nemo plus juris, which classically asserts that a person cannot transfer rights beyond what they own. When system data becomes the primary reference for verification, tension arises between the substantive truth of ownership and the administrative validity based on digital registration. This study aims to analyze the paradigm shift in the validity of land transactions in the digital era and formulate a conceptual reconstruction that balances the protection of original owners with the need to maintain legal certainty and transaction stability. The method employed is normative legal research with a limited statutory, conceptual, and comparative approach, through an analysis of the Basic Agrarian Law, Government Regulations on Land Registration, electronic certificate regulations, and electronic system provisions. The results reveal a dualism in validity between substantive and systemic aspects, which has the potential to create legal uncertainty if not clearly regulated. Reliance on digital systems broadens the meaning of legal legitimacy, but also presents the risk of systemic error and an incompletely defined distribution of responsibility. Reconstruction of the validity model is necessary through a reinterpretation of the nemo plus juris principle that adapts to technology, the establishment of digital verification-based due diligence standards, and the development of a legal protection model based on risk allocation. This approach is expected to strike a balance between the efficiency of digitalization and the protection of substantive ownership rights in the modern land system.
Legal Interoperability Issues Between the Online Single Submission System and the National Land Database Infrastructure Titin Hartati; Zudan Arief Fakrulloh
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.v3i3.1.5863

Abstract

The digital transformation of the business licensing system through the Online Single Submission (OSS) has brought significant changes to government administration, including integration with the national land database. This integration is expected to accelerate public services and increase investment efficiency, but in practice, it presents various legal problems related to data validity, regulatory disharmony, and ambiguity in administrative responsibilities between institutions. The differences in character between the self-declaration mechanism in the OSS and the formal verification system in land administration give rise to potential legal data conflicts that can impact the certainty of land rights. This study seeks to analyze the configuration of the OSS system interoperability with land data, identify emerging normative conflicts, and formulate an ideal legal interoperability design to support legal certainty and protect community rights. The research method employed is normative legal research with a statutory, conceptual, and systems approach, through qualitative analysis of primary and secondary legal materials. The results show regulatory fragmentation between the investment acceleration regime and the precautionary principle in agrarian law, as well as the absence of clear legal standards regarding the hierarchy of data validity between government digital systems. This situation has the potential to trigger administrative errors, overlapping permits, and conflicts over digital data-based space. The ideal legal interoperability model is focused on establishing a legal validation layer, standardizing data validation authorities, harmonizing cross-sectoral regulations, and strengthening risk management-based governance within the SPBE ecosystem. This approach is expected to create system integration that is not only technically efficient but also aligns with the principles of legal certainty and the protection of land rights.
Legal Review of Restrictions on Freedom of Expression on Social Media in the Context of State Security Yordi Priambodo; Wieke Dewi Suryandari; Hono Sejati
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.v3i3.1.5864

Abstract

The development of digital technology has brought significant changes in the way individuals express their opinions, particularly through social media. Freedom of expression is a fundamental right guaranteed by various national and international legal instruments. However, in practice, freedom of expression is not absolute and can be restricted for various reasons, one of which is state security. These restrictions often give rise to debates about the legitimate limits of regulation, particularly in the context of social media, which has a wide reach and rapid dissemination of information. This article aims to examine the legal aspects related to restrictions on freedom of expression on social media to maintain state security using normative juridical research methods. The normative juridical method in this research focuses on the analysis of laws and regulations, international legal instruments, and legal doctrines related to freedom of expression and state security. This study discusses the freedom of expression from a human rights perspective, and the legal principles underlying its restrictions, including the principle of proportionality, which emphasizes the balance between individual freedom and the public interest. The study analyzes national regulations governing freedom of expression on social media, such as the 1945 Constitution, the Electronic Information and Transactions Law (UU ITE), and various other regulations. These regulations are then compared with international legal standards, such as the International Covenant on Civil and Political Rights (ICCPR). The results are expected to provide a deeper understanding of how the law regulates restrictions on freedom of expression on social media, while evaluating the extent to which regulations in force in Indonesia align with human rights principles. This study recommends ensuring that restrictions on freedom of expression are implemented proportionately without compromising individuals' fundamental rights.
The Role of Law in Regulating Corporate Obligations to Environmental and Social Welfare Irwan Saputra; Irfan Rizky Hutomo; Tri Susilowati
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.v3i3.1.5866

Abstract

In the era of globalization and rapid industrial development, the role of companies is includes social and environmental responsibilities in addition to financial gain. This responsibility is realized through various policies aimed at maintaining a balance between business interests, community welfare, and environmental sustainability. Therefore, the law plays a very important role in regulating corporate obligations to contribute to sustainable development. Various legal instruments, both nationally and internationally, have been designed to ensure companies comply with applicable environmental and social standards. These regulations include the Environmental Law, the Sustainable Development Goals (SDGs) and the principles of Good Corporate Governance (GCG) through the Limited Liability Company Law and other Corporate Social Responsibility (CSR) legislation. This study strives to analyze the role of law in regulating corporate obligations towards environmental and social welfare by reviewing various laws and relevant international legal instruments. The approach used in this study is the normative juridical method, namely by analyzing applicable legal regulations and legal doctrines related to corporate responsibility. This study was conducted through a literature review of primary legal sources, such as laws and regulations, as well as secondary legal sources in the form of journals, books, and other legal documents. Using this approach, the study aims to give a summary of how well the law regulates corporate obligations and to pinpoint the difficulties encountered when putting these requirements into practice. It is anticipated that the findings of this study will aid in the creation of more efficient legislative regulations for overseeing and upholding corporate social and environmental commitments.
Restructuring of the Code of Ethics for the Protection of Human Rights in the Investigation of Suspects by the Indonesian National Police Dwi Listyandarti; Wieke Dewi Suryandari; Irfan Rizky Hutomo
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.v3i3.1.5867

Abstract

The protection of human rights (HAM) in the criminal justice system is a fundamental aspect that must be guaranteed by all law enforcement officers, including the Indonesian National Police (Polri). In suspect examinations, human rights principles often face challenges in their implementation, both due to regulatory weaknesses and field practices. One important instrument that plays a role in ensuring human rights protection during suspect examinations is the police code of ethics. This code of ethics regulates the standards of behavior and moral obligations that every member of the Polri must adhere to in conducting their duties. However, there are still gaps in the Polri code of ethics that have the potential to lead to human rights violations, such as the use of violence, intimidation, or misuse of power when questioning suspects. In order to guarantee that every police activity during suspect exams complies with applicable legislation and human rights principles, it is imperative that the code of ethics be reorganized. The study adopts a normative juridical approach, which is legal research that focuses on the assessment of legal doctrines and norms pertaining to the protection of human rights during police questioning of suspects. The National Police Chief's Regulation on the professional code of ethics and Law Number 2 of 2002 concerning the Indonesian National Police are two examples of primary legal materials that were used as data sources. Secondary legal materials included literature, scientific journals, and other legal documents. This approach is used to examine the extent to which the current National Police code of ethics protects the human rights of suspects and how an ideal restructuring concept can be implemented to strengthen this protection. The results are expected to provide concrete recommendations for updating the National Police code of ethics to be more oriented towards human rights protection and in line with the principle of due process of law in the criminal justice system.
Legal Uncertainty Due to Dualism in Land Regimes and the Urgency of Integrating the National Agrarian System Hermawan Sutanto; Zudan Arief Fakrulloh
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.v3i3.1.5868

Abstract

The dualism of the land regime in Indonesia is a structural problem stemming from the disharmony between agrarian law and forestry law, both of which claim authority over the same object: land. The Basic Agrarian Law constructs land as an object of rights that can be owned, controlled, and registered to ensure legal certainty, while the forestry regime places most of the land area as forest areas under state control through an administrative designation mechanism. This situation creates conditions where certified land can be declared as being in forest areas, thus giving rise to legal uncertainty, agrarian conflicts, and weakening the protection of community rights. This problem also shows that the national agrarian system has not yet functioned as an integrated legal system, both from a normative and institutional perspective. This study aims to analyze the roots of the dualism of the land regime, its implications for legal certainty, and formulate a model for integrating the national agrarian system. The study uses a normative juridical method with a statutory, conceptual, and historical approach. The analysis is conducted on various land and forestry regulations, agrarian legal doctrine, and the concept of state control over land. The research identified that regime dualism results from differences in legal construction, fragmentation of institutional authority, and the absence of a unified land administration system. These conditions have resulted in ongoing agrarian conflicts, obstacles to the implementation of agrarian reform, and weak legal certainty regarding land rights. Reconstruction of the national agrarian system needs to be directed at unifying land administration, harmonizing regulations, integrating national databases, and affirming the agrarian system as a single legal system that provides legal certainty and equitable protection of community rights.
Problems of Bankruptcy Applications for Solven Companies from the Perspective of Simple Proof and Substantive Justice Richard Herlambang; Faisal Santiago
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.v3i3.1.5869

Abstract

The development of bankruptcy practices in Indonesia reveals the emergence of bankruptcy petitions for companies that are still in a state of insolvency, which raises serious questions about the balance between procedural certainty and substantive justice. The simple evidentiary standard as stipulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations makes it easier for creditors to file bankruptcy petitions with relatively minimal formal requirements, namely the presence of two creditors and one debt that is due and collectible. This characteristic accelerates the commercial justice process, but at the same time has the potential to create a gap between procedural norms and the economic reality of the debtor. This article aims to analyze the concerns of bankruptcy petitions for solvent companies, identify distortions in the function of bankruptcy as a collective mechanism for resolving insolvency, and formulate a normative reconstruction of a more balanced evidentiary standard. The research method employs normative legal research with statutory, conceptual, case, and comparative approaches. The analysis is conducted on bankruptcy regulations, legal doctrine, and commercial justice practices to assess the tension between legal formalism and substantive justice. The study's findings demonstrate that the dominance of simple evidentiary procedures has the potential to disregard the assessment of real financial conditions, thus opening up the opportunity for bankruptcy to be used as a strategic pressure tool. The proposed normative reconstruction includes the integration of insolvency assessment as an additional parameter, strengthening judicial interpretation guidelines, and reformulating evidentiary standards to accommodate procedural efficiency while more proportionately considering economic implications. This approach is expected to strengthen bankruptcy's function as a fair, rational, and responsive debt resolution mechanism, aligned with the dynamics of the modern business world.
Conceptual Reconstruction of Directors' Responsibilities in Limited Liability Company Bankruptcy Based on Fiduciary Duty and Business Judgment Rule Hendro Widodo; Evita Isretno Israhadi
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.v3i3.1.5870

Abstract

The dynamics of directors' responsibilities in the bankruptcy of limited liability companies present complex normative problems due to the disharmony between the corporate law regime and bankruptcy law. Corporate law emphasizes managerial discretion through the principles of fiduciary duty and the business judgment rule, while bankruptcy law is more oriented towards protecting the collective interests of creditors. This paradigm difference gives rise to ambiguity in determining the limits of directors' responsibilities, especially when the company is in a phase of financial distress or approaching insolvency. This study aims to analyze the doctrinal conflict that occurs between fiduciary duty, the business judgment rule, and the bankruptcy regime, and to formulate a conceptual reconstruction that can create a balance between director protection and legal accountability. The research method used is normative legal research with a statutory, conceptual, and analytical approach, through a study of Law Number 40 of 2007 concerning Limited Liability Companies and Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, as well as an analysis of legal doctrine and the development of corporate governance theory. The research findings identify normative disharmony as the root cause of uncertainty in the standards for assessing directors' responsibilities. The proposed conceptual reconstruction includes a reinterpretation of fiduciary duty toward a stakeholder-sensitive approach through the concept of dual fiduciary obligation, a repositioning of the business judgment rule as a process-based evaluation, and the development of an integrative model for corporate governance and insolvency governance. The formulation of new standards, such as threshold liability, a safe harbor for restructuring decisions, and an early warning governance mechanism, is expected to provide more balanced legal certainty. This research provides theoretical contributions to the development of the doctrine of directors' responsibilities and normative recommendations for future regulatory harmonization.

Page 12 of 14 | Total Record : 133

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