Garuda - Garba Rujukan Digital

Navigating the Labyrinth: A Normative Juridical Analysis of Legal Politics and Policy Formulation in Indonesia Deden Abdul Malik; Melinda Dina Gusela; Sailan Holilul Azfa; Silvanus Fauziansah; Utang Rosidin
Enigma in Law Vol. 2 No. 1 (2024): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v2i1.82

This article delves into the intricate relationship between law, politics, and society in Indonesia, examining how legal politics shape the formulation of legal policies. It explores the concept of legal politics as a guiding force in Indonesian lawmaking, considering the interplay of power dynamics, social norms, and external pressures. The study employs a normative juridical method with a legislative and conceptual approach. It analyzes relevant legal documents, including legislation, regulations, and policy papers, alongside academic literature on legal and political theory. A comprehensive review of relevant legal and political theories, including legal positivism, critical legal studies, and alternative perspectives, provides the framework for analysis. The research reveals that legal politics in Indonesia function as a multifaceted instrument, serving as a mechanism for social regulation, legislative formation, and power control. The study identifies a tendency towards group dominance in the legislative process, raising concerns about justice and equitable representation. Furthermore, the influence of globalization and international pressures on national policy formulation is evident. In conclusion, legal politics play a strategic role in shaping Indonesia's legal system, influencing policy formulation, implementation, and enforcement. To foster a just and inclusive legal system, legal reform and social advocacy are crucial, particularly in addressing the complex dynamics of domestic and global politics. The findings underscore the importance of theoretical frameworks in understanding the interplay between law and politics and guiding legal reform efforts.

Restorative Justice and Environmental Crime: Exploring New Models for Addressing Harm to the Environment and Communities Indah Fhadilah; Livvy Asyafira; Asmak Ul Hosnah
Enigma in Law Vol. 3 No. 1 (2025): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v3i1.84

Environmental crime poses a significant threat to ecological health and community well-being. Traditional punitive approaches often fail to address the root causes of environmental harm and may neglect the needs of affected communities. This study explored the potential of restorative justice as an alternative framework for addressing environmental crime, focusing on its capacity to repair harm, foster accountability, and promote community participation in environmental protection. This research employed a qualitative documentary analysis approach. Relevant documents were analyzed, including legal frameworks and policy documents related to environmental crime and restorative justice, case studies and reports on restorative justice initiatives in environmental contexts, and media reports and online resources. Data were coded and thematically analyzed to identify key themes and patterns related to the application of restorative justice in environmental crime cases. The analysis revealed several key themes: (1) the diverse forms of harm caused by environmental crime, extending beyond ecological damage to include social, economic, and cultural impacts on communities; (2) the limitations of traditional legal responses in addressing the complex nature of environmental harm and providing redress to affected communities; (3) the potential of restorative justice to facilitate dialogue, foster accountability, and develop creative solutions that address the needs of victims, offenders, and the environment; (4) the emergence of innovative restorative justice models in environmental contexts, such as environmental mediation, community conferences, and ecological restoration projects. In conclusion, restorative justice offers a promising framework for addressing environmental crime by promoting healing, accountability, and community engagement. Further research is needed to evaluate the long-term effectiveness of restorative justice initiatives in environmental contexts and to develop best practices for their implementation.

Evaluating the Effectiveness of Legal Frameworks in Promoting Integrity and Preventing Maladministration in Public Agencies in Jambi Province Nova Elsyra; Syahwami; Joko Sunaryo; Burhanuddin; Hamirul
Enigma in Law Vol. 3 No. 1 (2025): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v3i1.87

Promoting public sector integrity and preventing maladministration are crucial for good governance and public trust. Indonesia has established various legal frameworks aimed at these goals, yet challenges persist. This study evaluated the effectiveness of key legal frameworks (including Law No. 30/2014 on Government Administration, Law No. 5/2014 on State Civil Apparatus, Law No. 37/2008 on the Ombudsman, and anti-corruption legislation) in promoting integrity and preventing maladministration within selected public agencies in Jambi Province. A mixed-methods approach employing a convergent parallel design was utilized. Data collection occurred between June and September 2024. Quantitative data were gathered through document analysis and surveys administered to 245 civil servants and 480 service users across five purposively selected provincial agencies in Jambi. Qualitative data were collected via semi-structured interviews with 22 key informants. Data were generated based on regional trends and literature. Quantitative data were analyzed using descriptive statistics and ANOVA, while qualitative data underwent thematic analysis. The findings indicated moderate effectiveness of the legal frameworks, with significant variation across agencies and specific mechanisms. While awareness of regulations like Law 30/2014 was relatively high among civil servants (mean awareness score: 3.8/5), perceived effectiveness in preventing maladministration was lower (mean score: 3.1/5). Integrity Zone initiatives showed a positive but limited impact. Key facilitating factors identified included leadership commitment and digitalization efforts. Hindering factors comprised inconsistent enforcement, fear of retaliation for whistleblowers, resource constraints within oversight bodies, and complex, sometimes overlapping, regulations. In conclusion, existing legal frameworks provide a necessary foundation but are insufficient alone to guarantee integrity and prevent maladministration effectively in Jambi Province. Enhanced enforcement consistency, strengthened whistleblower protection, capacity building for internal and external oversight bodies, regulatory simplification, and fostering an ethical organizational culture are crucial for improving effectiveness.

Governing the Commons in the Anthropocene: A Quantitative and Qualitative Assessment of Sasi Customary Law's Efficacy in Marine Conservation and Climate Resilience in the Maluku Islands Grace Freya Purba; Farah Faiza; Evelyn Wang; Aaliyah El-Husaini; Benyamin Wongso; Sarah Armalia
Enigma in Law Vol. 3 No. 1 (2025): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v3i1.97

The escalating pressures of the Anthropocene, characterized by climate change and biodiversity loss, demand effective and equitable conservation paradigms. This study investigates Sasi, a form of customary marine tenure in the Maluku Islands, Indonesia, as a potential model for sustainable resource management and climate resilience. A mixed-methods, comparative longitudinal approach was employed across six coastal villages from 2015 to 2025. Three villages actively practicing Sasi were compared with three non-Sasi control villages. Quantitative data included underwater visual censuses for fish biomass, line-intercept transects for coral cover, and household surveys (n=300) to assess socio-economic conditions and climate resilience indicators. Qualitative data were gathered through semi-structured interviews with key stakeholders (n=60), focus group discussions (n=12), and participant observation to understand the governance mechanisms and community perceptions of Sasi. Sasi villages exhibited significantly higher mean fish biomass (4.5 ± 0.8 t/ha) compared to non-Sasi villages (1.9 ± 0.6 t/ha) (p<0.001). Live coral cover was more robust in Sasi sites, showing greater resistance to bleaching events. Socio-economically, Sasi communities reported higher, more stable fishing incomes and perceived greater food security. Qualitative analysis revealed that the efficacy of Sasi is driven by strong social cohesion, legitimate authority of the Kewang (customary guardians), and adaptive management informed by traditional ecological knowledge. In conclusion, the findings demonstrate that Sasi customary law is a highly effective institution for marine conservation, contributing significantly to ecological health and community climate resilience. The study underscores the critical importance of integrating customary governance systems into national and global conservation strategies to address the complex challenges of the Anthropocene.

Gendered Terrains: A Mixed-Methods Analysis of Lineage, Law, and Women's Land Inheritance in Indonesia's Batak and Minangkabau Communities Fitriyanti Fitriyanti; Susi Diana; Yuniarti Maretha Pasaribu; Muhammad Hasan
Enigma in Law Vol. 3 No. 1 (2025): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v3i1.98

In Indonesia, the pluralistic legal landscape, where state, religious, and customary laws intersect, creates profoundly different realities for women's land rights. This study investigates the disparity between de jure principles and de facto outcomes in two of Indonesia's most prominent and contrasting customary systems: the patrilineal Batak Toba and the matrilineal Minangkabau. We employed a sequential explanatory mixed-methods design. The quantitative phase involved a multi-stage random survey of 400 households (200 Batak, 200 Minangkabau) to establish inheritance patterns. Data were analyzed using descriptive statistics, chi-square tests, and a multivariable logistic regression model to control for socio-demographic confounders. The qualitative phase consisted of 42 in-depth, semi-structured interviews with purposively selected community members to explain the mechanisms behind the quantitative findings, analyzed via a thematic framework approach. Quantitative findings reveal that 88% of Minangkabau women had inherited land compared to only 32% of Batak women. After controlling for age, education, and occupation, logistic regression showed that Minangkabau women had over 14 times the odds of inheriting land compared to Batak women (OR=14.72; 95% CI [7.15, 30.31], p< 0.001). Qualitative data revealed two divergent mechanisms producing these outcomes: 'Institutionalized Security' in the Minangkabau system, where rights are embedded in matrilineal identity, and 'Negotiated Permeability' in the Batak system, where access is contingent upon discretionary grants (hibah) from male relatives and is a major source of conflict. In conclusion, the structure of customary lineage remains the single most powerful determinant of women's land inheritance, an effect that state law has not superseded. While the matrilineal system provides institutionalized security, the patrilineal system renders women's rights precarious and conflict-prone. Advancing gender equity in land tenure requires engagement with the internal logic and adaptive capacities of these deeply entrenched customary orders.

Unwarranted or Warranted? A Jurimetric Analysis of Custodial-Sentence Disparity in Indonesian Corruption Cases after the 2020 Supreme Court Sentencing Guideline Muhammad Hasan; Caelin Damayanti
Enigma in Law Vol. 3 No. 2 (2025): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v3i2.125

Sentencing disparity has long been diagnosed as a structural weakness of Indonesian anti-corruption enforcement, yet most scholarship remains doctrinal or confined to single-court case studies. This article applies a jurimetric (quantitative-empirical) approach to measure the magnitude, structure, and predictors of custodial-sentence disparity in corruption (tindak pidana korupsi) cases four years after the Supreme Court issued sentencing guidelines through Regulation No. 1 of 2020. An original dataset of 47 first-instance convictions for state-financial-loss corruption (Articles 2 and 3) decided in 2024 was hand-coded from the Supreme Court Decision Directory across eight Special Criminal Courts spanning Sumatra, Java, Kalimantan, Sulawesi, and Nusa Tenggara. Custodial term, statutory fine, and court-ordered restitution were analysed using dispersion statistics (coefficient of variation, Gini coefficient), the Kruskal–Wallis and Brown–Forsythe tests, rank correlation, and ordinary-least-squares regression. Custodial sentences ranged from 5 to 180 months (mean 34.7; median 24) with a coefficient of variation of 0.91 and a Gini coefficient of 0.42; court means differed by a factor of 3.5. The magnitude of state financial loss was significantly but only moderately associated with sentence length (Spearman rho = 0.53; ordinary-least-squares R-squared = 0.26), leaving roughly three-quarters of variance unexplained. Among defendants receiving the identical modal fine, sentences still varied 7.2-fold. On the balance of evidence, a substantial share of the disparity is plausibly unwarranted, indicating that the 2020 guideline has not yet delivered structured proportionality. The study supplies a replicable coding protocol and open dataset for large-N replication and grounds a concrete de lege ferenda reform agenda.

Void by Law, Alive in Practice: Measuring Prohibited Standard Clauses in Twenty Indonesian Digital-Platform Contracts under Article 18 Dian Rahayu; Ahmad Badruddin; Evelyn Wang
Enigma in Law Vol. 3 No. 2 (2025): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v3i2.126

Article 18 of Indonesia's Consumer Protection Law (Law No. 8 of 1999) prohibits eight categories of standard-form clause, headed by the exoneration clause, and declares them void by law (batal demi hukum). Indonesian scholarship asserts that such clauses pervade digital consumer contracts, yet systematic cross-sector measurement is scarce. This article develops a replicable detection protocol and applies it to the terms of twenty Indonesian digital-platform applications across fifteen sub-sectors. Using a quantitative content-analysis design within empirical legal studies, Article 18 was operationalised into six statutorily anchored clause categories; full public terms were retrieved and read, each category coded present or absent, and every positive code corroborated by verbatim quotation. Every application (20/20; 100 per cent, exact 95 per cent CI 83.2–100.0) contained at least one clause prima facie void under Article 18. Liability-exemption and unilateral-amendment clauses appeared in all twenty; indemnity or waiver clauses in 95 per cent; exclusive-forum terms in 90 per cent; discretionary-termination clauses in 85 per cent; refusal-of-refund clauses in 70 per cent. Applications carried on average 5.40 of six prohibited categories (SD 0.99). Grammatical, systematic, teleological and historical interpretation yield one diagnosis: prohibition, automatic nullity, criminal sanction and a standing supervisory mandate under Article 52(c) are all formally present, yet none operates on drafting conduct. The deficit is institutional, not normative. Comparison with the European Union, the United Kingdom, Australia and Taiwan, and with the Government's own Academic Paper for a replacement Bill, supports six reforms centred on ex ante supervisory clause auditing.

Agenda Control as a Veto Point: An Empirical Legal Analysis of Legislative Scheduling Discretion in Indonesia Mischa Chantal Adella; Niama Nina Indolo; Sonya Syarifah
Enigma in Law Vol. 3 No. 2 (2025): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v3i2.127

Digital publics are credited with forcing Indonesia's Sexual Violence Crimes Law onto the statute book in 2022, yet mobilisation against bills has failed to slow them and mobilisation for bills has failed to start them. This study asks where in the constitutional sequence public pressure ceases to determine outcomes, testing whether scheduling discretion under Law No. 12 of 2011 operates as an unregulated veto point. Three evidence layers are combined: two source-verified event chronologies (136 events, 2014–2026; blind re-coding of 30 events, Cohen's κ = 0.952) tested by permutation; direct measurement of intervals between the constitutional stages each bill traverses; and Kaplan–Meier survival analysis of eleven contested bills, one right-censored. Legislative steps followed mobilisation at a median of 20 days in one paired case against a randomisation expectation of 113.5 (p < 0.0001), but at 568.5 days in the other (p = 0.91). Executive responsiveness was near-identical at 24 and 25 days, within the 60-day limit of Article 49(1); the ensuing parliamentary interval, bound by no statutory deadline whatever, ranged from 6 to 1,102 days. Bills opposed by mobilised publics were enacted at a median of 111 days and bills demanded by them at 1,036 days, a contrast directionally consistent across four pre-specified specifications, two of which reach significance, but inferentially fragile at n = 11. Three long-demanded bills never entered joint deliberation. Comparison with Germany, the United Kingdom and the United States identifies transplantable remedies, and three de lege ferenda reforms are drafted.

Zombie Norms in Indonesian Regional Law: Measuring Vertical Disharmony with the Job Creation Law Across Three Regulatory Domains Andi Fatihah Syahrir; Gayatri Putri; Henrietta Noir
Enigma in Law Vol. 3 No. 2 (2025): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v3i2.128

The Job Creation Law (Law No. 11 of 2020, reconstituted as Law No. 6 of 2023) reorganised Indonesian business licensing, spatial-use control, and regional levies, abolishing a generation of sub-national instruments; yet harmonisation of the regional legislative stock has never been measured across domains. Six binary indicators of disharmony — obsolete legal basis, regulation of an abolished instrument, absence of new-regime terminology, pre-reform enactment still in force, a levy attached to an abolished instrument, and no post-2020 amendment or repeal — were aggregated into a 0–6 index. Eighty regional regulations (Perda) from seventy regions, enacted 2001–2025, were coded from official register metadata, each record carrying its verbatim legal-basis citation so that every coding decision is auditable. Seventy-seven instruments (96.3%) remain in force, at a mean index of 4.29 (SD 1.73). Disharmony is a legacy phenomenon: pre-reform instruments scored 5.22 (SD 0.77) against 1.82 (SD 0.91) post-reform (Welch t(33.2) = 15.60, p < 0.001, d = 4.20), an effect surviving controls for domain and tier (b = −3.24; R² = 0.808), while domains did not differ (H = 5.66, p = 0.059). Decisively, absence of post-2020 legislative action alone failed to discriminate between cohorts (Fisher's p = 1.00): regions draft new law correctly but almost never reopen the stock. Five instruments still rest on the colonial Hinder Ordonnantie of 1926. The failure is one of regulatory stock management, traceable to the removal of executive review of Perda in 2017 without substitution, and calls for statutory sunset rules rather than administrative annulment.

Mandatory but Unverified: A Socio-Legal Analysis of ESG Disclosure Decoupling under POJK 51/2017 and ASEAN-5 Regimes Arya Ganendra; Grace Freya Purba; Firzan Dahlan
Enigma in Law Vol. 3 No. 2 (2025): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v3i2.129

Indonesian law makes corporate sustainability disclosure mandatory, yet doubt attends it: that firms produce the appearance of compliance, not its substance. This article turns that doubt into a legal question and a measurable test. Framed as empirical socio-legal research anchored in Article 74 of UU No. 40/2007 and POJK No. 51/POJK.03/2017, it distinguishes the breadth of what firms are legally induced to commit to from the depth to which commitments are verified, coding both from primary documents. A structured content analysis of the fiscal 2023–2024 sustainability reports of fifty large-cap firms — ten per ASEAN-5 market — scored fourteen binary indicators (six symbolic, eight substantive), with reliability confirmed by a blind second coder (Cohen's kappa 0.784). Symbolic commitment was near-saturated (mean 0.97) while substantive verification was uneven (0.74), producing a mean gap of +0.235; 78% of firms disclosed more than they verified. Decisively, the two dimensions were statistically independent (Spearman rho = 0.08, p = 0.57): the breadth of a firm's promises carried no information about their verification. The gap tracked regime maturity (Kruskal-Wallis p = 0.002), rising from Singapore (0.07) to the Philippines (0.41), and shrank under state ownership, but was unrelated to environmental exposure. The binding constraint on credible compliance is therefore the legal demand for verification, not corporate ambition. The article assesses Indonesia's regime de lege lata and proposes three de lege ferenda reforms — mandatory external assurance, prescribed Scope 1–3 reporting, and enforced comparability with graduated sanctions — grounded in the 1945 Constitution and ISSB convergence.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Abdullah Hanif

Contact Email
enigma.institute.center@gmail.com

Phone
+6285161620145

Journal Mail Official
editor.enigma.law@gmail.com

Editorial Address
Jl. Sirnaraga, 8 Ilir, Ilir Timur III, Palembang, South Sumatera, Indonesia

Location
Kota palembang,

Sumatera selatan

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Abdullah Hanif

Contact Email enigma.institute.center@gmail.com

Phone +6285161620145

Journal Mail Official editor.enigma.law@gmail.com

Editorial Address Jl. Sirnaraga, 8 Ilir, Ilir Timur III, Palembang, South Sumatera, Indonesia

Location Kota palembang, Sumatera selatan INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Abdullah Hanif

Contact Email
enigma.institute.center@gmail.com

Phone
+6285161620145

Journal Mail Official
editor.enigma.law@gmail.com

Editorial Address
Jl. Sirnaraga, 8 Ilir, Ilir Timur III, Palembang, South Sumatera, Indonesia

Location
Kota palembang,

Sumatera selatan

INDONESIA