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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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Reformulation of Legal Policy on Anonymous Cyberbullying on Digital Platforms in Indonesia Feti Rakhmani; 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.v3i3.1.5801

Abstract

This study aims to analyze the limitations of Indonesian positive law in regulating anonymous cyberbullying and formulate more adaptive legal policy reforms based on victim protection and digital platform responsibility. The method used is normative juridical with a statutory and conceptual approach through an analysis of the Electronic Information and Transactions Law, the Criminal Code, and other related regulations. The results of the study indicate a normative vacuum, multiple interpretations, and obstacles in perpetrator accountability and victim protection due to digital anonymity. Therefore, legal reform is needed through the creation of a specific offense for anonymous cyberbullying, strengthening digital evidence, affirming platform responsibility, and an integrated victim-oriented approach.
Reconstruction of Court Decisions in the Implementation of a Fair Restorative Justice Mechanism for Defendants Under the National Criminal Procedure Code Ryzza Dharma; 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.v3i3.1.5802

Abstract

The enactment of Law Number 20 of 2025 concerning the Indonesian Criminal Procedure Code (KUHAP Nasional) marks a paradigmatic shift from retributive justice toward restorative justice within the criminal justice system. However, this transformation reveals a significant normative inconsistency, particularly in the limitation of judicial authority under Article 203, which restricts judges from terminating cases based on restorative outcomes and instead positions such outcomes merely as mitigating factors in sentencing. This study employs a normative juridical method with statutory and conceptual approaches to examine the disparity in the application of restorative justice across the stages of investigation, prosecution, and adjudication. The findings demonstrate that while law enforcement officials at the pre-adjudication stage are authorized to terminate cases without a declaration of guilt, judges remain bound to issue guilty verdicts even when full reconciliation between the offender and victim has been achieved. This disparity results in systemic injustice and produces an “invisible punishment” in the form of criminal records that hinder the offender’s social reintegration. To address this issue, the study proposes a reconstruction of judicial decisions through the introduction of a “Restorative-Based Case Termination Order,” enabling judges to terminate proceedings without imposing criminal labels. This model aims to harmonize the criminal justice system and promote substantive justice by aligning legal outcomes with the core principles of restorative justice.
Manifestations of State Sovereignty in Selective Immigration Policy: A Legal Analysis of the Implementation of the Clearance House Mechanism for Visa Calling Countries in Indonesia Ryan Aditya; 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.v3i3.1.5803

Abstract

This study examines the manifestation of state sovereignty in Indonesia’s selective immigration policy through the implementation of the Clearance House mechanism for calling visa countries. Grounded in a normative juridical method employing statute and conceptual approaches, the research analyzes key legal instruments, including Law Number 6 of 2011 on Immigration and Regulation of the Minister of Law and Human Rights Number 2 of 2024, alongside the theoretical framework of sovereignty as articulated by Jean Bodin. The findings demonstrate that the Clearance House functions as a risk-based entry control mechanism that institutionalizes sovereign authority by integrating administrative, intelligence, and security considerations in visa decision-making. Through the Visa Assessment Coordination Team (TKPV), the state exercises its prerogative to filter foreign nationals based on IPOLEKSOSBUDHANKAM parameters, reflecting a shift from administrative governance toward security-oriented legal governance. However, the study also identifies critical challenges, particularly the broad discretionary power and subjective nature of risk assessment, which raise concerns regarding legal certainty, accountability, and potential arbitrariness. Therefore, strengthening standardization, transparency, and oversight mechanisms is essential to ensure that the exercise of state sovereignty remains consistent with the principles of legality, proportionality, and the rule of law in the context of increasing global mobility.
Legal Certainty and Legal Protection in the Implementation of Disciplinary Punishments for State Civil Apparatus in Light of Statutory Norms Teguh Setiyawan; Muchlas Rowi
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.v3i3.1.5804

Abstract

The State Civil Apparatus (ASN) operates based on behavioral standards derived from statutory law and moral principles. Statutory law is reflected in formal regulations, while moral guidance is embodied in the ASN code of ethics. Issues arise when an ASN’s conduct is considered compliant from a legal standpoint (i.e., not in violation of applicable norms), but is deemed problematic from a moral perspective and therefore subject to disciplinary measures. This dual framework creates uncertainty, making disciplinary actions difficult to assess objectively and prone to arbitrary implementation. In some cases, such actions may even be misused in ways that contradict their intended purpose, namely to uphold the dignity of the State Civil Apparatus. This study employs an empirical juridical method, with data collected from the Agency for Policy Strategy and Legal and Judicial Education and Training, as well as from several courts within the administrative jurisdiction of Bogor City. The purpose of this study is to determine the practice of enforcing the code of ethics and identify the legal norms that regulate the ASN code of ethics behavior, while also understanding how the enforcement mechanism is in accordance with the good and correct rule of law. This research finds that the norms governing disciplinary sanctions for civil servants in positive law create confusion in the development of civil servants. Several positive legal norms conflict with one another, thereby threatening three fundamental elements of the rule of law: the supremacy of law, equality before the law, and the protection of human rights.
A Qualitative Study on Corporate Criminal Liability in Criminal Offenses in Jakarta Waters (An Analysis of Pollution, Smuggling, and Illegal Fishing Cases) Iman Sholikin; Lucky Ferdiles
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.v3i3.1.5805

Abstract

This study aims to examine corporate criminal liability in various criminal offenses occurring in the waters of Jakarta, particularly cases of marine pollution, smuggling, and illegal fishing. Crimes in the maritime sector increasingly indicate the involvement of corporations, causing not only economic losses but also environmental damage and threats to state sovereignty. However, law enforcement against corporations still faces various challenges, both normative and practical. This research employs a qualitative method with an empirical juridical approach, using case studies, legal document analysis, and interviews with relevant stakeholders. The findings reveal that corporate criminal liability has not been optimally implemented due to difficulties in evidentiary processes, weak coordination among law enforcement agencies, and the absence of clear standards in determining corporate fault. Furthermore, there is a tendency for law enforcement to focus more on individual perpetrators rather than corporations as legal subjects. Therefore, strengthening regulations, enhancing the capacity of law enforcement officials, and harmonizing policies are necessary to improve the effectiveness of criminal law enforcement against corporations in the waters of Jakarta.
Reconstruction of the Business Legal System in Encountering the Complexity of Maritime Goods Distribution Disputes Including Business Competition, Transportation Responsibility and Problematic Receivables Le Nie; 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.v3i3.1.5806

Abstract

The study aims to analyze and reconstruct the business legal system in addressing the complexity of maritime goods distribution disputes in Indonesia, involving aspects of business competition, transportation liability, and problem receivables. The research employs a normative juridical approach, combining statutory and conceptual perspectives through a review of norms in the Civil Code, the Commercial Code, and Law Number 5 of 1999 regarding the Prohibition of Monopolistic Practices and Unfair Business Competition. The results indicate disharmony and conflicting norms between legal regimes, leading to legal uncertainty and weak protection for business actors, particularly distributors in the maritime distribution chain. Empirical issues such as violations of distribution areas, price wars, damage to goods by porters, and problem receivables with disproportionate payment schemes demonstrate that existing law is not yet adaptive to modern business practices. Therefore, an integrative reconstruction of the business legal system is necessary through regulatory harmonization, which strengthens the principles of justice and legal certainty, and establishes a regulatory model capable of accommodating the interrelationships between contracts, transportation, business competition, and financing
Aspects of Hospital Criminalization in Medical Malpractice Cases That Can Create a Noble Healthcare Industry Hendri Pangestu; 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.v3i3.1.5807

Abstract

Hospital criminalization in medical malpractice cases is an increasingly relevant legal issue as hospitals transform from social institutions into socio-economic entities in the modern healthcare industry. The constitutional right to health requires the state to ensure the provision of safe, high-quality, and equitable healthcare services. However, law enforcement practices are still dominated by an individual accountability approach that leads to the criminalization of healthcare workers and ignores the role of hospital policies and service systems. This situation creates an imbalance of justice for both patients and healthcare workers and fails to encourage institutional improvement. This study aims to analyze the normative regulation of hospital criminalization as a corporation, identify the problems of its implementation, and formulate an ideal concept of criminalization that aligns with substantive justice and the social function of hospitals. The method employed is normative legal research with a statutory and conceptual approach, through a study of health law, criminal law, and the doctrine of corporate criminal liability. The results show that the regulation of hospital criminalization still contains unclear parameters of institutional error and does not fully accommodate a systemic approach. Hospital criminalization should be positioned as a corrective instrument that encourages improved governance, a culture of patient safety, and ethical healthcare practices. This allows criminal law to play a role in safeguarding the humanitarian and social function of hospitals as part of the noble healthcare industry.
Uncertainty Regarding the Limits of the Authority of the Notary Honorary Council and Its Implications for Criminal Law Enforcement E Ellyza; 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.v3i3.1.5808

Abstract

  Article 66 of the Notary Law grants the Notary Honorary Council an important role in the mechanism for summoning and examining notaries by law enforcement officials. This regulation is intended to protect the position of notaries as public officials exercising state authority in the civil sector. However, the formulation of the norms in Article 66 indicates a lack of clarity regarding the limits of the Notary Honorary Council's authority, particularly regarding the scope of assessments that can be performed in granting approvals. This lack of clarity creates a vague norm that has implications for legal uncertainty and the potential for overlapping authority between the Notary Honorary Council and law enforcement officials in criminal proceedings. This study aims to analyze the provisions on the authority of the Notary Honorary Council in Article 66 of the Notary Law and the implications of this unclear norm on the protection of the notary's position and the effectiveness of criminal law enforcement. The research method employed is normative legal research with a statutory and conceptual approach. The results show that the absence of clear normative parameters in Article 66 leaves a space for diverse interpretations and has the potential to hinder the investigation process, while weakening the legal protection that should be provided to notaries. This situation reflects the unbalanced position between the interests of protecting one's position and the principle of due process of law. This study recommends reformulating Article 66 of the Notary Law by clarifying the limits of the Notary Honorary Council's authority and harmonizing this norm with the criminal justice system.
Reform of the Administrative Sanctions System for Violations of Downstreaming Obligations by Mining Business Permit Holders Frans Irawan; Lucky Ferdiles
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.v3i3.1.5809

Abstract

This study aims to analyze and reconstruct the administrative sanctions system for enforcing downstreaming obligations in the mineral and coal mining sector, based on Article 33 of the 1945 Constitution and the provisions of Law Number 3 of 2020 and Law Number 6 of 2023. The research method used is a normative juridical approach, with a statutory and conceptual perspective. The results indicate that although downstreaming obligations have been formulated imperatively through the provisions of Article 103 and Article 170 of the Mineral and Coal Mining Law, the existing administrative sanctions system is ineffective due to normative weaknesses such as unclear violation parameters, the lack of measurable success indicators, and the broad discretion of administrative officials. Empirically, weak oversight, inconsistent enforcement of sanctions, and tolerance for violations have created a gap between legal norms and their implementation in the field. Therefore, it is necessary to reconstruct the administrative sanctions system through the implementation of tiered sanctions, the imposition of administrative fines based on state losses, the strengthening of technology-based oversight systems, and the harmonization of regulations between sectors to increase the effectiveness of law enforcement and encourage the success of downstreaming as an instrument of national economic development.
Reformulation of Legal Regulations for Battery-Based Electric Vehicle Use and Battery Waste Management in Indonesia Imam Mustakim; Indah Kusuma 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.v3i3.1.5810

Abstract

This study aims to analyze and propose reforms to the legal regulations governing the use of battery-based electric vehicles and the management of battery waste in Indonesia, from the perspectives of environmental law and sustainable development. The method used is a normative juridical approach, with a legislative and conceptual approach, based on a review of Law Number 32 of 2009, Government Regulation Number 22 of 2021, and Presidential Regulation Number 55 of 2019. The results indicate that existing legal regulations remain sectoral, do not fully accommodate the battery life-cycle approach, and contain inconsistencies and gaps in norms, particularly regarding producer responsibility and post-use battery waste management. These conditions have the potential to create environmental pollution risks and legal uncertainty amidst the accelerating energy transition. Therefore, an integrative legal reformulation based on the principles of sustainable development, a circular economy, and Extended Producer Responsibility is needed through the establishment of specific regulations, strengthening oversight mechanisms, and developing a national battery recycling industry to achieve effective and equitable environmental protection.

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