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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 91 Documents
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Legal Certainty Reconstruction of Dropshipping Transactions in The Batam Free Trade Zone from The Perspective of The Rule of Law Totok Catur Wismo Malaicanto; Binsar Jon Vic
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.v3i3.1.5776

Abstract

The development of the digital economy has driven the emergence of new business models in electronic commerce, one of which is the practice of dropshipping. This business model allows business actors to conduct sales transactions without physically owning or storing goods. Although it provides significant economic opportunities, dropshipping also raises various legal issues, particularly regarding legal certainty in trade and taxation systems. This study aims to analyze the legal certainty of dropshipping transactions in the Batam free trade zone and to formulate a legal reconstruction model capable of providing legal certainty for business actors. This research employs a normative legal research method using statutory, conceptual, and comparative approaches. The theoretical framework of this research utilizes the Rule of Law concept as articulated by Tom Bingham. The results indicate that dropshipping practice in the Batam free trade zone still faces several legal issues, including the absence of specific regulations governing dropshipping, inconsistencies between tax regulations and customs policies, and limitations in digital transaction monitoring systems. Therefore, this research offers legal reconstruction through the establishment of specific dropshipping regulations, integration of taxation and customs systems, and the development of tax administration mediation mechanisms as an alternative dispute resolution. This legal reconstruction model is expected to create a more adaptive regulatory system for the digital economy while providing greater legal certainty for business actors in the Batam free trade zone.
The Principle of Sustainable Development in Good Mining Practice: A Legal Review of Equitable and Beneficial Nickel Mining Governance in Indonesia Jaqueline Margareth Sahetapy; A 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.v3i3.1.5777

Abstract

In the dynamics of the global political economy, nickel is no longer just a mining commodity but a strategic resource that influences industrialization, energy technology, and the stability of the global supply chain. Indonesia, as the world's largest nickel producer, plays a crucial role in meeting the growing global demand for nickel. Projections from the International Nickel Study Group (INSG) indicate that global nickel consumption is expected to reach 3.824 million tons in 2026, up from 3.601 million tons in 2025, driven primarily by the stainless steel and energy technology industries. Normatively, the management of mineral resources is regulated in Article 33, paragraph (3) of the 1945 Constitution of the Republic of Indonesia, which affirms that natural resources are controlled by the state and utilized to the greatest extent for the prosperity of the people. This provision is reinforced by Law Number 3 of 2020 concerning Mineral and Coal Mining, which mandates sustainable mining management through the implementation of Good Mining Practice principles. However, in fact, nickel mining expansion still gives rise to various problems, including environmental degradation, ecosystem damage, and inequality in the use of natural resources, which ultimately leads to injustice for communities around mining areas. This study aims to analyze the application of Sustainable Development principles within the Good Mining Practice concept to nickel mining governance in Indonesia to achieve equitable and beneficial management. This research employs a normative juridical method with a legislative approach and a conceptual approach through an analysis of mining regulations, including Regulation of the Minister of Energy and Mineral Resources Number 26 of 2018 concerning the Implementation of Good Mining Principles and Supervision of Mineral and Coal Mining. The research results show that the principles of sustainable development have been normatively integrated into the national mining legal framework through the implementation of Good Mining Practices, which encompass occupational safety, environmental protection, post-mining reclamation, and corporate social responsibility. However, its implementation still faces challenges in balancing economic interests, environmental protection, and community welfare. Therefore, strengthening legal governance in the mining sector based on sustainable development principles is essential to ensure that nickel resource management is sustainable, equitable, and beneficial for national development.
Strategy for Optimizing the Role of the Kapuas Hulu Police in Combating Drug Trafficking to Maintain Public Security and Order Rinto Sihombing; Binsar Jon Vic S.
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.v3i3.1.5781

Abstract

This study aims to analyze the legal regulations and strategies for optimizing the role of the Kapuas Hulu Resort Police (Polres) in combating drug trafficking in order to maintain public security and order. The problem of drug trafficking in Indonesia is a serious threat that impacts social stability and public security, thus requiring comprehensive countermeasures. This study uses a normative juridical legal research method with a statute approach and a conceptual approach. The legal materials used include laws and regulations, legal literature, and doctrines relevant to combating narcotics crimes and the role of the police in law enforcement. The results of the study indicate that regulations regarding narcotics countermeasures in Indonesia have been firmly regulated in Law Number 35 of 2009 concerning Narcotics and supported by the authority of the Republic of Indonesia National Police as stipulated in Law Number 2 of 2002 concerning the Republic of Indonesia National Police. In its implementation, the Kapuas Hulu Police have made various efforts to combat drug trafficking through repressive, preventive, and preemptive actions. However, various obstacles remain, including limited resources, extensive surveillance areas, and evolving modus operandi of drug trafficking networks. Therefore, optimization strategies are needed through increased human resource capacity, strengthened inter-agency coordination, the use of information technology, and increased public participation in drug prevention and eradication efforts to achieve a conducive public order and security.
The Limitations and Legitimacy of Judges in Filling Legal Vapor Amidst Demand for Progressive Legal Reform Hary Kesowo Wibowo; 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.v3i3.1.5782

Abstract

This study aims to analyze the limitations and legitimacy of judges in filling the legal vacuum amidst demands for progressive legal reform in the Indonesian legal system. The legal vacuum (rechtvacuum) is a consequence of societal dynamics that cannot always be balanced by the formation of laws and regulations. In this context, judges have a constitutional and legal obligation to continue examining and deciding cases as mentioned in both 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 respecting Judicial Power. This research employs a statutory and conceptual approach using a normative legal strategy. The results of the study indicate that legal discovery (rechtsvinding) is an obligation of judges as a consequence of the principle of ius curiae novit and the principle of the rule of law. However, the expansion of the role of judges within a progressive legal framework must remain within constitutional limits by respecting the system of checks and balances and the idea of separation of powers. The legitimacy of judges in filling legal gaps is determined by a clear normative basis, rational and systematic legal argumentation, and an orientation toward protecting constitutional rights and substantive justice. Thus, the progressive role of judges can contribute to national legal reform without exceeding legislative authority.
Transforming Indonesia’s Legal System: A Diversity, Equity, Inclusion, and Sustainability (DEIS) Perspective Neneng Yuhelmi Zajilah; 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.v3i3.1.5783

Abstract

Indonesia’s legal system faces structural limitations in responding to complex global transformations, including climate crisis, digitalization, and intensified resource extraction, which expose the inadequacy of its predominantly formalistic and sector-based paradigm. This study critically examines the transformation of Indonesia’s legal system through the lens of Diversity, Equity, Inclusion, and Sustainability (DEIS) as a normative and analytical framework. Employing a normative juridical method with statutory and conceptual approaches, this research interrogates constitutional mandates, sectoral legislation, and contemporary legal practices. The analysis reveals a persistent disjunction between constitutional guarantees particularly regarding indigenous rights and environmental protection and their implementation within extractive governance regimes. The Maba Sangaji case is deployed as a critical lens to demonstrate how legal instruments, such as Article 162 of the Mining Law, function to legitimize the criminalization of indigenous resistance while insulating corporate interests. This reflects a deeper structural bias embedded within the current legal paradigm. The study argues that integrating DEIS principles requires not merely regulatory adjustment but a paradigmatic shift that reconfigures legal substance, institutional practices, and legal culture. Such transformation is essential to realign Indonesia’s legal system with constitutional justice, democratic participation, and ecological sustainability in the context of global change.
Reconstruction of the Executorial Power of Dispute Council Decisions in Infrastructure Projects through Harmonization of the Binding but Not Final Principle in the Indonesian Civil Law System Anjar Kuswijanarko; R 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.v3i3.1.5784

Abstract

his study aims to analyze and reconstruct the binding and executory power of Dispute Board decisions in infrastructure projects within the Indonesian legal system. The main problem lies in the lack of normative recognition of Dispute Board decisions as executorial titles in civil procedural law, even though they are contractually binding under the Civil Code. This study uses a normative juridical method with a statutory and conceptual approach, and is supported by a comparative legal analysis of practices in the United Kingdom and Malaysia that have adopted the principles of Binding But Not Final and Pay Now Argue Later through special regulations. The results of the study indicate that legal reconstruction is needed through civil procedural law reform, recognition of construction adjudication mechanisms, and integration of international principles into the national legal system to increase the effectiveness of construction dispute resolution.
The Lack of Regulations on the Mechanism for Terminating Investigations by the Directorate of General Criminal Investigation of the Regional Police in Handling General Crimes Tri Satrio Sulistomo; S 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.v3i3.1.5785

Abstract

In order to ensure that a criminal case is only continued if it satisfies the legal standards and has adequate evidence, investigators in the criminal justice system have the right to terminate an investigation. The Criminal Procedure Code, specifically Article 109 paragraph (2), governs the termination of investigations in Indonesia. If there is insufficient evidence, the incident does not constitute a crime, or the termination is mandated by law, investigators may end an investigation. However, these regulations are still general in nature and do not regulate in detail the procedures, standards for evaluating evidence, or oversight mechanisms for terminating an investigation. In order to achieve legal certainty in the investigation process, this study intends to analyze the issues surrounding the termination of investigations in investigative practices by investigators at the Directorate of General Criminal Investigation within the Regional Police and develop a reconstruction of legal regulations. This study uses a normative juridical legal research methodology that combines an analytical and statutory approach. The study results indicate that the absence of more detailed regulations regarding the mechanism for terminating an investigation has the potential to lead to differences in investigator interpretation, a lack of transparency in decision-making, and an increase in legal disputes through pretrial mechanisms. Therefore, strengthening legal regulations is necessary through the formulation of evidence evaluation standards, internal oversight mechanisms, and mandatory transparency in decisions to terminate investigations to ensure legal certainty and accountability in the criminal justice system.
The Problematic of Bankruptcy Offenses in Affirming the Parameters Between Business Failure and Fraudulent Bankruptcy in Indonesia Lalu Bayu; Dwi Kusumo Wardhani
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.v3i3.1.5786

Abstract

Bankruptcy criminal offenses are legal instruments that function to maintain trust in economic activities and to protect the interests of creditors from fraudulent acts by debtors. In the Indonesian legal system, regulations concerning bankruptcy are related to Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations, which is oriented towards civil and procedural aspects, as well as the National Criminal Code through Law Number 1 of 2023, which links criminal liability to bankruptcy conditions, including for business actors and corporations. Nevertheless, these regulations still give rise to fundamental problems in the form of a normative gap regarding the absence of clear parameters to distinguish between legitimate business failure and bankruptcy involving elements of fraud. This normative gap has implications for legal uncertainty in determining the limits of criminal liability, and it has the potential to lead to the criminalization of entrepreneurs acting in good faith or to suboptimal law enforcement against fraudulent acts in bankruptcy. This research aims to (1) analyzing the normative gaps in the regulation of criminal bankruptcy offenses related to the distinguishing parameters between business risk and criminal acts, as well as (2) Studying the concept of reforming bankruptcy criminal offenses in a fair manner within the Indonesian legal system. The research method used is normative juridical with a statutory approach and a conceptual approach. Therefore, it is necessary to add and reinforce regulations regarding indicators of bad faith as well as distinguishing parameters between business failure and fraudulent bankruptcy, accompanied by the development of an adaptive and proportional law enforcement mechanism, in order to realize legal certainty and justice within the bankruptcy legal system.
Reconstruction of the Criminal Liability of State-Owned Enterprise Directors in Managing the Tin Business Based on the Business Judgment Rule and Anti-Corruption Principles Muhammad Zulkarnaen Dharmawi; Subianta Mandala
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.v3i3.1.5787

Abstract

This study examines the construction of criminal liability of state-owned enterprise (BUMN) directors in managing the tin business, which faces tensions between the corporate law approach and the criminal law on corruption. The background of this study is the phenomenon of the criminalization of business policies arising from the dominance of state loss parameters without considering the characteristics of business risks. The main problem lies in the absence of a clear boundary between business risks and corruption crimes and the lack of integration of the Business Judgment Rule within the criminal law system. This study aims to analyze the weaknesses of the applicable legal construction and formulate a reconstruction model for criminal liability that is fairer and more proportional. The method used is normative juridical with a statutory, conceptual, and comparative approach, as well as a prescriptive qualitative analysis of primary and secondary legal materials. The results show that the current legal construction tends towards a consequence-based and position-based approach that potentially ignores the element of fault. The Business Judgment Rule has not been explicitly recognized in criminal law and therefore does not function as a protection mechanism for directors acting in good faith. The proposed reconstruction emphasizes the integration of the Business Judgment Rule as the basis for limiting criminal liability, affirming the element of mens rea, and formulating objective parameters in distinguishing business risks from corrupt acts. This approach is expected to create a balance between protection for directors and the effectiveness of eradicating corruption.
Rationalistic Model of Land Bank Institutional Regulation in PERPU No. 2 of 2022 Concerning Job Creation in Harmony with the Principle of Legal Benefits Yusna Wulan Sari Tanjung; Binsar Jon Vic
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.v3i3.1.5788

Abstract

This study examines the rationale for establishing the Land Bank Institution under Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 concerning Job Creation. Land acquisition for public purposes in Indonesia has long faced challenges due to population growth, increasing land prices, limited land availability, and disputes over compensation. To address these issues, the government introduced the Land Bank as part of its agrarian reform agenda under the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency. The Land Bank is intended to ensure land availability for public interests, social welfare, national development, economic equity, land consolidation, and agrarian reform. Its establishment is expected to improve the efficiency of land acquisition processes and reduce conflicts related to compensation payments. However, because the Land Bank was not previously regulated under Law No. 5 of 1960 concerning Basic Agrarian Principles, its creation has raised questions regarding its legal basis, implementation, and effectiveness in serving community interests. This research employs a normative juridical method with a statutory approach, utilizing primary and secondary legal sources. The study finds that the Land Bank is designed to support legal certainty and public welfare by providing a structured mechanism for land management and acquisition. Furthermore, public dissemination and understanding of the Land Bank framework are essential to ensure that its implementation aligns with the principle of legal benefit and contributes to resolving land-related problems in Indonesia.

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