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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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Legal Accountability for the Utilization of Autonomous Cyber Defense Systems in Cybersecurity Governance Yovid; Marhaeni Ria Siombo
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.v3i3.1.5871

Abstract

The increasingly complex development of cyber threats has driven the use of artificial intelligence-based cyber defense technology capable of autonomous operation, known as Autonomous Cyber Defense Systems (ACDS). These systems offer high efficiency and speed of response, but also raise new legal issues related to accountability for actions resulting from algorithmic decisions. This study aims to analyze the nature of legal accountability problems in the use of ACDS and examine the limitations of the legal framework that is oriented towards human subjects. The study focuses on the unclear legal subjects responsible, the difficulty of tracing system decisions, and the potential for human rights violations resulting from automated cyber defense actions. The research method employs normative legal research through legislative, conceptual, and comparative approaches. The analysis was conducted on national regulations related to cybersecurity, electronic systems, and personal data protection, as well as international principles and soft law relevant to the governance of artificial intelligence and cybersecurity. The results reveal that conventional legal approaches are inadequate to address accountability challenges in autonomous cyber defense systems due to the limitations of traditional responsibility doctrines. This study proposes the reconstruction of an adaptive and layered legal accountability model by strengthening the principles of human oversight, algorithmic transparency, and the division of responsibility between actors. This model is expected to serve as a normative basis for developing effective, equitable, and human rights-compliant cybersecurity governance in the digital age.
Problems of Upstream and Downstream Integration of Rare Earth Metals in the National Mining Legal System Ade Zamrah; 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.v3i3.1.5872

Abstract

Rare Earth Metals play a strategic role in the development of high-tech industries and the global energy transition. Indonesia, a country with abundant mineral resources, faces the challenge of integrating upstream mining activities with downstream policies aimed at increasing added value. This study analyzes the problematic integration of upstream and downstream Rare Earth Metals within the national mining legal system, specifically based on Law Number 3 of 2020 and its implementing regulations, including Minister of Energy and Mineral Resources Regulation Number 18 of 2025. The method employs normative legal research with legislative, conceptual, and systemic approaches. The study results reveal a disharmony between extraction-based licensing designs and downstreaming obligations, which have not been integrated from the initial stages of permit issuance. Regulatory fragmentation and overlapping authority between sectors also impact the effectiveness of value-added policies. The absence of an institutional model specifically addressing critical minerals has hindered the development of the national value chain. The study proposes a reconstruction of value chain-based licensing designs, cross-sectoral regulatory harmonization, and the establishment of an integrative institutional model as steps toward industrial sovereignty. This approach is expected to strengthen the sovereignty of Rare Earth Metal management while simultaneously encouraging a sustainable transformation of the strategic resource-based economy.
Reformulation of the Regulations on the Right to Freedom of Expression for Academics in the Digital Space in Enforcing the Crime of Defamation Erdian; 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.v3i3.1.5880

Abstract

This study aims to analyze the problematic enforcement of defamation offenses against academic expression in the digital space and formulate a model for reformulating its regulations based on the protection of academic freedom from the perspective of human rights and a democratic rule of law. The 1945 Republic of Indonesia Constitution, Law Number 39 of 1999 concerning Human Rights, Law Number 1 of 2024 concerning Electronic Information and Transactions, the National Criminal Code, and the International Covenant on Civil and Political Rights are all reviewed as part of the normative juridical research method with a statutory and conceptual approach, and relevant Constitutional Court decisions. The research results indicate that Indonesian positive law still faces problems in the form of a dualism of the legal regime between the Criminal Code and the ITE Law, the ambiguity of elements of offenses, such as attacking honor, accusing someone, and public knowledge, and the absence of normative parameters capable of distinguishing scientific criticism from personal attacks. These conditions have triggered the criminalization of lecturers, researchers, experts, and observers, which has resulted in the emergence of a chilling effect and overcriminalization of academic freedom in the digital space. This study proposes a model of ius constituendum through a reformulation of Article 27A of the ITE Law, adding explicit exceptions for academic expression conducted in scientific forums, research publications, and opinions based on scientific methodology, as long as they are conducted in good faith and in the public interest. The reformulation includes the implementation of a balancing test, specific evidentiary standards for scientific expression, indicators of good faith academic criticism, and strengthening non-penal settlement mechanisms through the right of reply, scientific correction, and reputation restoration. This model is expected to achieve proportional legal certainty between reputation protection and academic freedom of expression as pillars of digital democracy.
Reformulating the Limits of Fixed-Term Employment Agreements in Repeated Contract Extension Practices to Prevent Abuse by Employers Tricho Dike Fierrera; Afdhal
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.v3i3.1.5883

Abstract

This study aims to analyze and reformulate the limits of Fixed-Term Employment Agreements (PKWT) in the Indonesian labor law system, as an effort to balance labor market flexibility and worker protection. This study uses a normative juridical method with a statutory and conceptual approach, examining the provisions in Law Number 13 of 2003 concerning Manpower as amended by Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law, as well as Government Regulation Number 35 of 2021 concerning Fixed-Term Employment Agreements, Outsourcing of Working Hours and Rest Hours, and Termination of Employment. The research results indicate normative weaknesses in the form of unclear contract extension limits, multiple interpretations of norms, and weak supervision and law enforcement, which open up room for abuse of PKWT (Fixed Term Employment Agreements) in practice, such as the use of fixed-term contracts for permanent employment and repeated contract extensions without clear limits. Therefore, reformulation of PKWT regulations is needed by establishing a maximum extension limit, a cumulative duration limit, an automatic conversion mechanism to an Indefinite-Term Employment Agreement (PKWTT), and strengthened sanctions and oversight. This reformulation is expected to create legal certainty, prevent abuse, and realize equitable industrial relations.
Criminal Liability for Traffic Accident Perpetrators with Schizophrenia John Piter Tampubolon; Natsir Asnawi
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.v3i3.1.5884

Abstract

The high number of traffic accidents in Indonesia is still narrowly understood as legal events oriented towards physical victims and material losses, while the psychological impact experienced by witnesses and indirect victims has not received adequate attention in the construction of criminal law. This condition becomes increasingly problematic when accidents involve perpetrators with mental disorders, particularly schizophrenia, because positive law does not provide clear and consistent regulations regarding criminal liability and the actions that can be imposed. The National Criminal Code, through Law Number 1 of 2023, does introduce the concept of action against perpetrators who are unable to take responsibility, but the use of the phrase "can be subject to action" in Article 39 actually opens up space for legal uncertainty and excessive discretion. This study aims to analyze the weaknesses in the legal construction of criminal liability in traffic accidents involving perpetrators with schizophrenia and formulate a more just and humane normative reconstruction model. The method employed is normative legal research with a statutory and conceptual approach, which examines the principle of fault, the theory of criminal liability, and the relationship between criminal law and mental health law. The research findings indicate that the absence of standards for assessing capacity for responsibility and the lack of firm norms for action have the potential to lead to inconsistent law enforcement and neglect the interests of victims and the protection of perpetrators' human rights. This research proposes a reconstruction of criminal responsibility based on the separation of criminal acts and capacity for responsibility, strengthening the role of forensic psychiatry, and implementing a criminal and action system oriented toward substantive justice.
The Role of Supreme Court Circular Letters (SEMA) in Shaping Judges’ Ratio Decidendi on the Scope of General Attachment in Indonesian Bankruptcy Law Ulhaq
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.v3i3.1.5950

Abstract

Differences in the interpretation of the scope of general seizure in bankruptcy cases in Indonesia have created legal uncertainty, particularly regarding the distinction between the assets of the bankrupt debtor and those of third parties. In commercial court practice, judges rely not only on statutory regulations but also on Surat Edaran Mahkamah Agung (SEMA) as interpretive references, giving rise to debate over their position as a source of law. This study aims to analyze the influence of SEMA, particularly SEMA Number 2 of 2024, on the formation of judges' ratio decidendi in interpreting general seizure in bankruptcy. This research adopts a normative juridical method using statutory, conceptual, and case approaches, through a prescriptive-analytical examination of primary and secondary legal materials. The findings indicate that SEMA functions as an interpretive guideline that significantly influences judges' legal reasoning in limiting the scope of general seizure to the assets of the bankrupt debtor, despite lacking formal status within the hierarchy of laws and regulations. The study also reveals variations in the use of SEMA depending on judges' interpretive approaches and value orientations in adjudication, where some prioritize strict legal certainty while others emphasize substantive justice. This research contributes to a broader understanding of the dynamics of legal sources in judicial practice and underscores the role of SEMA in promoting consistency in judicial decisions, filling legal gaps, and strengthening legal certainty in complex bankruptcy cases involving third-party interests.
Problems of Regulatory Arrangements and The Urgency of Governance Reconstruction in The National Social Security System Yuli Farianti; 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.v3i3.1.6117

Abstract

National Social Security System constitutes a form of state responsibility in guaranteeing the fulfillment of the public’s right to social security as mandated by the 1945 Constitution of the Republic of Indonesia. In its implementation, the administration of the National Social Security System (SJSN) is carried out by the Government together with BPJS Kesehatan and BPJS Ketenagakerjaan as the organizing agencies of national social security programs. Nevertheless, the implementation of the SJSN continues to face various legal and institutional challenges, particularly regarding regulatory disharmony among Law Number 40 of 2004 concerning the National Social Security System, Law Number 24 of 2011 concerning the Social Security Administering Body (BPJS), and Law Number 17 of 2023 concerning Health. Such regulatory inconsistency has resulted in unclear distribution of authority between the Government and BPJS, overlapping institutional functions, and weak coordination in the administration of national social security programs. This study employs a doctrinal legal research method using statutory and library research approaches, analyzed through descriptive-analytical and prescriptive methods. The findings indicate that the regulation of authority relations and governance in the administration of the SJSN has not been implemented optimally. This is reflected in the unclear institutional position of BPJS within Indonesia’s constitutional system, the weak supervisory mechanism, and the dominant role of the Government in several strategic policies concerning the administration of national social security programs. Therefore, legal reconstruction is necessary through regulatory harmonization, clarification of the division of authority between the Government and BPJS, as well as the strengthening of supervisory mechanisms and institutional governance in order to establish a national social security system that is effective, transparent, accountable, and capable of providing legal certainty
State Responsibility in Fulfilling The Constitutional Right to Social Security: Evaluation of Actuarial Accountability and Financing Yuli Farianti; 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.v3i3.1.6118

Abstract

Discourse concerning state responsibility in fulfilling the constitutional right to social security is often constrained by the dilemma between normative mandates and fiscal capacity realities. Article 28H paragraph (3) and Article 34 paragraph (2) of the 1945 Constitution imperatively position the state as the principal axis in administering a universal national social security system. The sustainability of such a system heavily depends on the precision of actuarial accountability as an instrument for long-term risk projection. Failure to accurately project technical risks and the establishment of financing structures that are inconsistent with benefit obligations create serious threats to the resilience of the social security system. A juridical-doctrinal approach reveals a significant gap between the state’s obligation as the ultimate guarantor and the current management practices of trust funds, which remain largely reactive in nature. Decisions of the Constitutional Court further affirm the state’s position in guaranteeing absolute certainty of social protection for all citizens. Evaluation of financial governance demonstrates that neglecting actuarial valuation in strategic policymaking directly contributes to systemic instability. Dependence on ad hoc state budget interventions indicates the weakness of the current national financing system’s independence. Actuarial accountability must therefore be positioned as a mandatory risk-control instrument integrated into regulatory frameworks in order to prevent the risk of default. Synchronization between fiscal policy and rigorous actuarial calculations constitutes an essential prerequisite for fulfilling citizens’ constitutional rights. These fundamental rights must not be reduced to mere legal promises without adequate financial support. The transformation of the financing system toward a resilient, transparent, and risk-based model constitutes a crucial step in ensuring social justice. An ideal financing structure must be capable of balancing financial independence with the state’s obligation to protect the human dignity of all citizens. The integration of a unified data system and independent actuarial audits will strengthen the state’s credibility in sustainably managing public funds across generations.
Legal Aid and Public Service Center For Handling Public Complaints in Cirebon City Iqlima Anindia Halimatussa'diyah; Siti Khumayah
Journal Customary Law Vol. 3 No. 2 (2026): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i2.6149

Abstract

The Legal Aid Center was established pursuant to Law Number 16 of  2011 on Legal Aid in Indonesia; in its operations, the Legal Aid Center Adheres to this law to assist the public in accessing legal aid services—specifically, the Legal Aid Center in Pulasaren Subdistrict, Cirebon City. This initiative was undertaken by the Cirebon City government to assist resident facing legal issues arising from problems in their neighborhoods and/or communities. This study was conducted to examine the services provided by the Legal Aid Center in Pulasaren Subdistrict, Cirebon City—from the bureaucratic application process to the responses from the relevant authorities—with the aim of ensuring equal acces to justice in public services. This study employed a qualitative descriptive approach, involving, the collection of documents, interviews with paralegals, representatives of the Cirebon City Legal Documents and Information Network (JDIH)—which serves as the Cirebon City Legal Entity—residents of Pulasaren as respondents, and field observations at the research site. The result of the study indicate that the management of Legal Aid Center services in Pulasaren Village is not yet fully independent because it relies heavily on the Cirebon City Legal Entity and expert in the field, lacks adequate facilities, and suffers from a lack of capacity building provided by the Cirebon City Legal Entity to Paralegals—who serve as advocates at the village/subdistrict level—which hinders the resolution of reported cases. Nevertheless, the Legal Aid Center in Pulasaren Subdistrict continues to provide services in the form of legal information on basic legal knowledge, meditation, consultations, and legal referrals, particularly to underprivileged individuals and those with limited legal knowledge.
Strategies of the Cirebon City Department of Culture and Tourism to Address the Younger Generation’s Lack of Interest in Local Culture Firman Fathurrahman; Siti Khumayah
Journal Customary Law Vol. 3 No. 2 (2026): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i2.6176

Abstract

Local culture is an important part of a region’s identity that must be preserved, especially amid the growing tide of globalization. The spread of globalization and the influx of foreign cultures can influence the lifestyles of the younger generation, which in turn leads to a decline in interest in local culture. This phenomenon is also occurring in the city of Cirebon, where young people aged 20–25 currently show little interest in local cultures such as sintren or tarling and prefer foreign cultures like K-Pop. The purpose of this study is to analyze the strategies and effectiveness of policies implemented by the Cirebon City Department of Culture and Tourism in addressing the low interest among young people in this age group. This study employs a qualitative approach using descriptive methods. The analysis is based on policy effectiveness theory. The results indicate that the policies implemented by the department have had a positive impact, as many young people are now interested in learning about local culture; however, several challenges remain, such as budget constraints and the strong influence of foreign culture on the younger generation. The conclusion of this study indicates that the strategies implemented have yielded positive results in increasing the younger generation’s interest in local culture; however, digital-based policy innovations and stronger collaboration with the younger generation are needed so that efforts to preserve local culture can be carried out more effectively.

Page 13 of 14 | Total Record : 133

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