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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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Supervision by the Regional Police Inspectorate Regarding Online Public Complaints Considering Regional Police Performance to Improve Professionalism and Legal Certainty (Study at the Regional Police Inspectorate of the West Kalimantan Regional Police) Shandy Christyan Sulu; 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.v3i3.1.5789

Abstract

This study strives to analyze the supervision by the Regional Supervision Inspectorate of online public complaints regarding the Indonesian National Police's performance in order to enhance legal certainty and professionalism. This study uses a statutory and conceptual approach in conjunction with a normative juridical research method. The 1945 Constitution of the Republic of Indonesia, Law Number 2 of 2002 concerning the Indonesian National Police, Law Number 25 of 2009 concerning Public Services, and Presidential Regulation Number 95 of 2018 concerning Electronic-Based Government Systems are just a few of the legal provisions that the statutory approach seeks to analyze. Meanwhile, the conceptual approach aims to explore legal concepts related to internal supervision, the professionalism of law enforcement officers, and the law enforcement system's legal stability. The findings show that the Regional Supervision Inspectorate's internal supervision system is essential for investigating public complaints about police officers' performance by receiving, confirming, reviewing, and assessing public reports. The public can submit reports more easily and complaints are handled with greater accountability and transparency when an online public complaints system is used. However, there are still a number of challenges in implementing this monitoring, such as a lack of human resources, complex investigation procedures, and the optimization of information technology in managing public complaints. Therefore, strengthening the internal oversight system is necessary to enhance the professionalism of police officers and ensure legal certainty for the public.
Reconstruction of the Negative Publication System for Land Registration to Achieve Legal Certainty and Legal Protection for Rights Holders Anggiat Tobing; 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.v3i3.1.5790

Abstract

The land registration publication system plays a crucial role in establishing legal certainty, rights protection, and the stability of land transactions. Indonesia implements a negative publication system with a positive tendency, in which land certificates are recognized as strong evidence but remain open to lawsuits. This situation creates a paradox between the need for legal certainty and the demands of substantive justice, as certificate holders who have legally obtained rights still have the potential to face disputes in court. This study aims to analyze the construction of the land registration publication system in Indonesia, identify problems that affect legal certainty and protection, and formulate a reconstruction model that is more responsive to developments in legal practice and the digitalization of land administration. The research method used is normative juridical with a statutory, conceptual, and comparative legal approach. The analysis is conducted on the national regulatory framework, land law doctrine, and judicial practice, which demonstrates differing interpretations of the evidentiary power of certificates. The results of the study indicate that the main weaknesses lie in the absence of strong state guarantees, regulatory fragmentation, and suboptimal protection for buyers in good faith. The reconstruction of the publication system is aimed at a hybrid model that strengthens positive elements without neglecting corrective mechanisms, the development of a compensation scheme based on state responsibility, and the harmonization of regulations that support the integration of digital land registry systems. A comparative approach to the Torrens system in Australia and continental European registration models provides lessons on the importance of rigorous initial verification, data transparency, and clear assurance mechanisms to increase public trust in the land registration system.
Legal Construction on The Abuse of New Synthetic Narcotics Based on The Early Warning System Faisal Suparjo; 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.v3i3.1.5791

Abstract

The development of New Psychoactive Substances (NPS) demonstrates dynamics far faster than the ability of the narcotics criminal law to respond. The narcotics regulatory model in Indonesia, which still relies on a positive list system or list of prohibited substances, gives rise to various normative issues, ranging from delays in criminalization, legal uncertainty, and weak public health protection. This situation demonstrates a structural gap between scientific developments, particularly pharmacology and toxicology, and the static construction of criminal law norms. The study aims to analyze the weaknesses of narcotics criminal law regulations regarding NPS and to formulate an alternative, more adaptive criminal law construction through the Early Warning System (EWS) approach. The research method used is normative juridical with a legislative, conceptual, and comparative approach, including a study of the Psychoactive Substances Act 2016. The results show that the list-based criminalization approach is no longer adequate to address the ever-changing nature of NPS. The EWS has the normative potential to be repositioned as the foundation for the formation of criminal policies based on risk and psychoactive effects, without neglecting the principles of legality and human rights protection. A comparative study shows that the effects-based generic prohibition model provides regulatory flexibility, although it still presents challenges in terms of evidence and oversight. This study concludes that integrating EWS into narcotics criminal law is a strategic step towards building a responsive, legitimate, and public safety-oriented NPS control system, while simultaneously encouraging the renewal of modern criminal law theory in Indonesia.
Reconstruction of Criminal Responsibility of Road Users for the Impact of Psychological Trauma on Witnesses and Indirect Victims of Traffic Accidents Andi Suprapto; 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.v3i3.1.5792

Abstract

This article examines the construction of criminal liability for road users in Indonesian traffic law, which to date still focuses on physical consequences and material losses, while the impact of psychological trauma experienced by witnesses and indirect victims of accidents has not yet been recognized as a relevant legal consequence. Social reality shows that traffic accidents not only cause bodily injury or property damage, but also psychological suffering in the form of post-traumatic stress disorder, anxiety, and other mental disorders that seriously impact the quality of life. This study aims to analyze the weaknesses in the regulation of criminal liability for road users in positive law and to formulate a model for reconstructing criminal liability that is more responsive to psychological trauma. The method used is normative legal research through a statutory and conceptual approach by examining criminal law doctrine, victimology, forensic psychology, and the principles of substantive justice and human rights. The results of the study indicate that psychological trauma deserves to be positioned as a conceptually legitimate consequence of crime, accompanied by the recognition of witnesses and indirect victims as subjects of legal protection. Therefore, the reconstruction of criminal liability for road users needs to be directed at integrating punishment and psychological recovery to create a more humane, proportional, and just traffic law system.
Transforming Civil Servant Disciplinary Law in Indonesia: From Administrative Formality to an Integrated Corruption Prevention Instrument Moh Ibnu Ichwanusshofa; 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.v3i3.1.5793

Abstract

The primary objective of this study is to analyze the legal transformation in the enforcement of civil servant discipline as an integrated instrument for the prevention of corruption. Corruption within the bureaucracy cannot be separated from disciplinary violations that are often treated merely as administrative formalities. Although regulated under Law Number 20 of 2023 on State Civil Apparatus and Government Regulation Number 94 of 2021 on Civil Servant Discipline, the enforcement of discipline still tends to be reactive and oriented toward individual sanctions, and has not functioned effectively as an early detection mechanism for potential corruption. This research employs a normative legal method using statutory, conceptual, and theoretical approaches. The analysis draws on the Broken Windows Theory and the Normalization of Deviance theory to explain how tolerance toward minor administrative violations may evolve into more complex forms of corruption. In addition, the legal system theory is applied to examine the interaction between legal substance, structure, and culture in the enforcement of civil servant discipline. The findings indicate that the primary weakness lies in the existing legal construction, which has not integrated disciplinary enforcement with a comprehensive corruption prevention system, along with the limited role of direct supervisors in monitoring and controlling bureaucratic behavior. This condition calls for the reconstruction of legal norms toward a more proactive and detective model of disciplinary enforcement, as well as the strengthening of administrative accountability of direct supervisors as part of an integrated corruption prevention effort.
The Influence of Globalization and Digitalization on Wage Policy Muhamad Yosi Agustian; 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.v3i3.1.5794

Abstract

Globalization and digitalization have become two major phenomena that affect the dynamics of employment in various countries, including Indonesia. This development brought significant changes in the structure of the labor market, patterns of Labor Relations as well as mechanisms for determining wages. This study aims to analyze the influence of globalization and digitalization on wage policy and its implications for legal protection for workers. The method used is normative legal research with legislation approach and conceptual approach by reviewing various labor related regulations and relevant legal literature. The results show that globalization promotes increased labor competition and job market flexibility, while digitization brings new work models such as the gig economy and platform based work that affect conventional wage systems. This condition has the potential to cause uncertainty and inequality in wages if not balanced with adaptive and responsive policies. Therefore, it is necessary to reformulate wage policies that are able to accommodate global changes and technological developments and still ensure the protection of workers rights in accordance with the principles of justice, legal certainty and social welfare.
Reconstruction of the Limits of Criminalization of Unlawful Elements and Abuse of Authority to Achieve Legal Certainty in Enforcing Criminal Acts of Corruption Rizal Syamsul; R 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.v3i3.1.5795

Abstract

This study aims to analyze the disharmony of norms and problems in the implementation of Article 2 paragraph (1) and Article 3 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, reconstruct the boundaries of criminal liability between administrative wrong and corruptive wrong, and formulate an ideal formulation of legal reform in the perspective of ius constituendum. The study uses a normative juridical method with a statutory and conceptual approach, through an analysis of laws and regulations, court decisions, criminal law doctrine, and government administrative law. The results of the study indicate that the main problem lies in the blurring of the boundaries between the elements of unlawfulness, abuse of authority, benefiting oneself or others, and state financial losses, which gives rise to overlapping crimes, disparity in decisions, and a tendency to criminalize administrative errors, official discretion, and business risks of BUMN/BUMD. This study found a reconstruction model in the form of a five-stage separation model, namely a tiered separation between procedural violation, administrative negligence, abuse of office, corrupt intent, and actual state loss as a normative threshold in determining the transformation of maladministration into criminal acts of corruption. Based on these findings, this study recommends a reformulation of Article 2 focused on unlawful enrichment based on wederrechtelijkheid, and Article 3 which is limited to abuse of authority based on deviation from the purpose of authority, elements of intent, and actual state losses, with harmonization with Law Number 30 of 2014 concerning Government Administration and strengthening safe harbor for official discretion and business decisions of State-Owned Enterprises/Regional-Owned Enterprises. The novelty of this study lies in the normative model of criminalization limitations that provides legal certainty in distinguishing administrative errors and criminal acts of corruption, while simultaneously strengthening the effectiveness of corruption eradication law reform in Indonesia.
Strengthening the Independence of the Supreme Court of the Republic of Indonesia in the Era of E-Court-Based Judicial Modernization to Realize Just Legal Reform H. Muhammadiyah Rafiq; 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.v3i3.1.5796

Abstract

This study aims to analyze and formulate a model for strengthening the independence of the Supreme Court of the Republic of Indonesia in the era of E-Court-based judicial modernization as part of legal reform in Indonesia. Using normative juridical methods through legislative and conceptual approaches, this study finds that the digitalization of the judiciary as regulated in Supreme Court Regulation Number 1 of 2019 concerning Electronic Court Case Administration and Trials provides benefits in increasing efficiency and transparency, but also poses challenges to judicial independence due to regulatory limitations, potential technological intervention, and weak data protection and system oversight. Therefore, a comprehensive legal reconstruction is needed through strengthening regulations, institutions, and technology to guarantee the complete independence of judges in realizing a just trial.
Reconstruction of Legal Norms for the Execution of Fiduciary Guarantees by Limiting the Involvement of Debt Collectors by Creditors in the Context of Protecting Debtors' Constitutional Rights Based on Contractual Justice Parisman Sihaloho; 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.v3i3.1.5797

Abstract

This study aims to analyze the weaknesses of the legal construction of the execution of fiduciary guarantees and reconstruct just legal norms in the context of protecting the constitutional rights of debtors. By using normative juridical methods through statutory and conceptual approaches, this study finds that the provisions in Law Number 42 of 1999 concerning Fiduciary Guarantees still contain gaps in norms related to the involvement of debt collectors and open up room for abuse of authority through unilateral execution practices that contradict the principles of due process of law, the principle of good faith, and the guarantee of constitutional rights in the 1945 Constitution. The reconstruction offered emphasizes strict restrictions on the use of third parties, affirmation of execution mechanisms through agreements or court decisions, and the integration of the principles of contractual justice and human rights protection, thus producing a model of legal reform that is fairer, certain, and oriented towards debtor protection.
Strengthening the Maritime Security Legal Framework through the Implementation of the ISPS Code for the Protection of Ships and Port Facilities at Bitung Port Agus Arifianto; Effendy Lod Simanjutak
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.v3i3.1.5798

Abstract

This study aims to analyze the legal regulations on maritime security in the implementation of the ISPS Code and formulate ideal legal reforms to strengthen the protection of ships and port facilities at Bitung Port. The research method used is normative juridical with a statutory and conceptual approach. The results of the study indicate that the regulations in Law Number 17 of 2008 concerning Shipping have not comprehensively adopted the ISPS Code standards, resulting in a gap between norms and implementation in the field, including weaknesses in aspects of supervision, resources, and institutional coordination. Therefore, legal reconstruction and reform are needed through regulatory harmonization, institutional strengthening, and technology integration to realize an effective maritime security system in accordance with international standards.

Page 8 of 10 | Total Record : 91

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