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Vifada Assumption Journal of Law
Published by Yayasan Vifada Cendikia Indonesia
ISSN : -     EISSN : 29871263     DOI : https://doi.org/10.70184/g99fyy65
Core Subject : Humanities, Education,
Humanities Other
Vifada Assumption Journal of Law encourages courageous and bold new ideas, focusing on contribution, theoretical, managerial, and social life implications. Vifada Assumption Journal of Law welcomes papers, These may include but are not limited to : Employment, and food, as well as the advantages and disadvantages of globalization from transnational and global perspectives. various fields such as civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, Gender and poverty, Governance Law Science Social policy, Social development, Social and health governance, Social welfare, Social Security Social Protection Sustainability Development Goals (SDG) The Vifada Assumption Journal of Law seeks to publish articles that address the intersections of social issues, law science, governance, politics, and policies at various levels or scales — transnational social movements and non-governmental organizations; international intergovernmental organizations, and world-regional and transregional intergovernmental institutions and groupings — using a global or transnational analytical framework. Focusing on aspects of social policy and social governance and factors of globalization and policy diffusion, broadly defined, in both contemporary and historical contexts, the journal serves academic and policy-making or advocacy audiences across the global North and South. Contributions from across all disciplines and fields of study from a wide range of theoretical and political perspectives are strongly encouraged.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 82 Documents
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Implementability Gaps in Papua Special Autonomy Governance : Regulatory Synchronization, Indigenous Peoples’ Rights, and Sustainable Development Yohanna YR Watofa; Nur Asmarani; Ali Rahman
Vifada Assumption Journal of Law Vol. 4 No. 1 (2026): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/308xn915

Abstract

Purpose: This study examines implementability gaps in Papua Special Autonomy governance by focusing on the disconnection between formal legal mandates and their operational execution, particularly in relation to regulatory synchronization, indigenous peoples’ rights, institutional accountability, and sustainable development. Research Design and Methodology: This study employs a normative-empirical socio-legal approach combining doctrinal mapping of Papua Special Autonomy’s legal framework with a synthesis of peer-reviewed empirical studies published mainly between 2021 and 2025. Findings and Discussion: The findings show that governance underperformance in Papua is associated less with the absence of legal norms than with delayed delegated regulations, heterogeneous technical standards, weak coordination outputs, uneven district capacity, and participation procedures that are not consistently traceable to final policy choices. Implications: This study offers a mechanism-based framework for assessing implementability gaps in special autonomy governance and proposes a staged reform pathway, supported by digital coordination, to strengthen accountability, improve traceable participation, and support more sustainable and rights-sensitive governance in Papua.
Legal Framework Governing Security and Fiduciary Collateral Repossession Service Providers in Financing Companies’ Asset Recovery Operations Richard; Agus Sudrajat
Vifada Assumption Journal of Law Vol. 4 No. 1 (2026): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/1sy5yk49

Abstract

Purpose: This study aims to analyze the legal position of security and fiduciary collateral repossession service providers and to examine the legal framework governing fiduciary asset recovery practices in Indonesia following Constitutional Court Decision No. 18/PUU-XVII/2019. Research Design and Methodology: This study employed a normative juridical research design using statutory, conceptual, and case approaches through the analysis of fiduciary security regulations, the Indonesian Civil Code, judicial decisions, and relevant legal doctrines. Findings and Discussion: The findings reveal that repossession service providers occupy a derivative legal position based on a civil law mandate (lastgeving), whereby their authority depends entirely on the legality of creditors’ executorial rights. However, the absence of explicit regulations concerning their legal status, authority, accountability, and operational boundaries has created legal uncertainty, normative disharmony, and increased risks of criminalization and social conflict. The findings further demonstrate a substantial discrepancy between normative expectations and practical implementation in fiduciary asset recovery practices. This study proposes an integrated fiduciary asset recovery governance model that combines explicit legal recognition, standardized operating procedures, institutional supervision, and human rights safeguards. Implications: These findings provide important implications for policymakers and financing institutions by promoting a more transparent, accountable, and sustainable fiduciary asset recovery system, while also offering a foundation for future socio-legal and comparative studies on fiduciary security governance. 
Understanding the Interplay Between Legal Morality, Corruption Penalization, and Public Patronage Culture: Evidence from a Systematic Literature Review Appe Hutauruk; Fendi Maruba Parlindungan Hutahaean
Vifada Assumption Journal of Law Vol. 4 No. 1 (2026): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/2s3k9342

Abstract

Purpose: This study analyzes the ineffectiveness of normative-positivistic and repressive approaches to corruption eradication. It examines corruption's philosophical multidimensionalities, including justice concepts, and explains how power patronage, nepotism, and policy manipulation distort essential justice and undermine the welfare state. Research Design and Methodology: This study uses a normative research method combining a Systematic Literature Review (SLR) following PRISMA 2020 guidelines analyzing 87 articles with normative juridical analysis using statute, conceptual, and case approaches. Findings and Discussion: Corruption regularly destroys Aristotelian distributive and corrective justice and acts as the antithesis of John Rawls's just society by diverting resources to those with power. Corrupt public officials betray the legal system's internal morality, and Indonesia's entrenched patronage networks prioritize personal loyalty over formal bureaucracy, rendering current penalization ineffective at producing a deterrent effect. Implications: He study emphasizes the need for institutional reform to break patronage networks. It recommends treating corruption eradication not merely as a criminal law issue, but as an ethical project to build an anti-corruption state architecture pillared on accountability, transparency, and public integrity.
Restitution for Victims in Juvenile Criminal Justice: Legal Mechanisms, Challenges, and the Path to Justice in Indonesia Ni Kadek Susantiani; Nur Basuki Minarno
Vifada Assumption Journal of Law Vol. 4 No. 1 (2026): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/vcz4ah59

Abstract

Purpose: This study critically examines the normative framework and practical implementation of restitution for victims within Indonesia’s juvenile criminal justice system. It aims to assess whether restitution under UU SPPA effectively reflects restorative justice principles and supports meaningful victim recovery. Research Design and Methodology: The research employs a doctrinal-normative legal method using statutory, conceptual, case, and comparative approaches. Data were collected from legislation, judicial decisions, scholarly literature, and international legal instruments. A comparative analysis was conducted with restitution frameworks in the Philippines and Thailand to identify potential reform models relevant to Indonesia. Findings and Discussion: The study finds that restitution remains narrowly interpreted as financial compensation, limiting recognition of psychological, symbolic, and service-based forms of reparation. Its implementation is further constrained by procedural complexity, fragmented institutional coordination, and limited judicial discretion. Comparative findings reveal that more flexible and community-based restitution mechanisms in the Philippines and Thailand. Implications: The findings suggest the need to broaden the legal definition of restitution, simplify procedures, strengthen institutional support, and introduce alternative forms of victim-centered reparation. These reforms would enhance restorative justice implementation, align Indonesian juvenile justice with international child rights, and provide a stronger foundation for future policy and empirical research.
E-Consumer Protection : Online Dispute Resolution Based on Restorative Justice Rustan Rustan; Andi Risma
Vifada Assumption Journal of Law Vol. 4 No. 2 (2026): July - December
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/5vmwg470

Abstract

Purpose: The shift of consumer transactions to digital platforms is not only changing the form of commerce but also the structure of consumer disputes. Online Dispute Resolution is often seen as an appropriate mechanism for responding to these changes because it can reduce geographical barriers, procedural costs, and dependence on physical meetings. However, these advantages do not by themselves ensure a fair dispute resolution process. This article examines the conditions that must be met so that Online Dispute Resolution based on restorative justice at the Consumer Dispute Resolution Agency can provide substantive consumer protection and not simply move conventional mediation to the digital space. Research Design and Methodology: This research uses normative legal research methods with a statutory and conceptual approach, supported by a review of the literature on consumer protection, online dispute resolution, procedural justice, restorative justice, and digital accessibility. Findings and Discussion: The analysis shows a fundamental problem: consumers and business actors do not enter the digital dispute resolution process with equal economic resources, information, technological capabilities, or bargaining power. Control of transaction data and digital architecture by marketplaces can add another layer of inequality to the process. On that basis, this article offers a Restorative-Corrective Online Dispute Resolution Model, namely a digital mediation design that is directed at correcting, not reproducing, inequality between the parties. The model relies on institutional independence, balanced stakeholder representation, meaningful consent, consumer assistance, procedural transparency, mediator accountability, data protection, digital accessibility, and effective review mechanisms. Implications: Online Dispute Resolution based on restorative justice can only strengthen consumer protection if the institutional design is able to reconcile technological efficiency with procedural justice and substantive justice. The original abstract specifically emphasizes resource inequality, bargaining power, data control, and the Corrective Restorative Online Dispute Resolution Model offer.
Judicial Approaches to Copyright Infringement and Compensation in Indonesia’s Digital Era Rufinus Hotmaulana Hutauruk; Retno Andarini; Nurlaily Nurlaily; Hari Sutra Disemadi
Vifada Assumption Journal of Law Vol. 4 No. 2 (2026): July - December
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/095fje80

Abstract

Purpose: This research identifies the gap between the ideal provisions of copyright law and its implementation in Indonesia, aiming to analyze the patterns of judicial reasoning in copyright disputes through a jurisprudential approach, and to evaluate the alignment of judicial decisions with copyright protection in the digital era. Research Design and Methodology: The research employs a normative juridical method, using statute, case, and conceptual approaches, with secondary data collected through library research to analyze relevant court decisions. Findings and Discussion: The analysis identifies a common permission-centered pattern in determining liability but a sharp divergence in determining compensation. Both courts treated ownership, commercial exploitation, and the absence of authorization as decisive. In “SKJ88,” the court compensated material and immaterial with unequal but largely adequate explanation. In “Bilang Saja,” showed inconsistency by awarding material damage while denying immaterial damage without any explanation, after transforming a fundamentally royalty dispute case into a straightforward infringement from unauthorized use. The court also did not adequately address the defense that the dispute concerned unpaid royalties governed by Government Regulation No. 56 of 2021. Implications: The findings demonstrate the need for clearer standards for civil compensation, fuller judicial engagement with applicable royalty rules and the parties’ legal arguments, and more broadly, more transparent legal reasoning in court proceedings. Such measures would improve consistency, transparency, and accountability in copyright adjudication, while also accelerating the fulfillment of SDG 16 objectives in the legal system.
Implementing Living Law under Article 2 of the Indonesian Criminal Code : The Maya Indigenous Community in Raja Ampat Wahab Aznul Hidaya; Zaenal Arifin; Rajab Lestaluhu; Cintia Dwi Puspita
Vifada Assumption Journal of Law Vol. 4 No. 2 (2026): July - December
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/nwzphm18

Abstract

Purpose: This study examines the implementation of Article 2 of Law Number 1 of 2023 concerning the Indonesian Criminal Code in resolving disputes within the Maya Indigenous Community in Raja Ampat and evaluates whether the normative recognition of living law has been actualized in criminal justice practice. Research Design and Methodology: This study uses a socio-legal approach combining normative legal analysis and empirical field research. Primary data were obtained through semi-structured interviews with the Chair of the Ambel Waigeo Indigenous Community Institution and field observations in Raja Ampat. Secondary data were drawn from statutory regulations, legal literature, journal articles, and previous studies. Findings and Discussion: The findings show that customary deliberation, genealogical verification, and customary oaths remain socially legitimate mechanisms for resolving customary disputes. However, Article 2 has not yet created an institutional mechanism connecting customary settlement with investigation, prosecution, and court proceedings. This creates a Normative Recognition Empirical Actualization Gap. The model offers a conceptual bridge for institutional implementation. Implications: The study recommends implementing regulations on institutional coordination, procedural standards, recognition of customary law, and constitutional safeguards based on human rights, Pancasila, the 1945 Constitution, legality, and legal certainty. Future comparative socio-legal research is needed to test the Integrated Living Law Justice Model.
Redefining Judicial Supervision in Correctional Systems: A Critique of Ineffective Penal Oversight Models Elvi Susanti Syam; Ardiyanti Aris; Anatolijs Kriviņš
Vifada Assumption Journal of Law Vol. 4 No. 2 (2026): July - December
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/v0k92f76

Abstract

Purpose: This article examines the ineffectiveness of judicial supervision in correctional systems by focusing on the legal mandate and socio-legal operation of Supervisory and Observing Judges, or Kimwasmat. It argues that penal oversight remains weak when formal judicial supervision is not supported by enforceable authority, measurable standards, and structured institutional response. Research Design and Methodology: This study applies a socio-legal design combining doctrinal legal analysis with empirical inquiry. Data were collected through document study, interviews, and limited observation involving Kimwasmat judges in the Makassar and Parepare court environments, then analyzed through qualitative coding of legal mandate, coordination, reporting, remedial capacity, and accountability gaps. Findings and Discussion: The study finds that Kimwasmat remains normatively and institutionally weak because supervision findings often stop at visits, reports, and informal coordination without a binding accountability chain between courts and correctional institutions. Implications: Legal reform should establish clearer supervision standards, rights-based indicators, institutional response duties, and escalation mechanisms for unresolved findings, so judicial supervision can function as an accountability-oriented mechanism in sentence execution. 
The Postponement of Simultaneous Village Head Elections in Majene Regency: Local Governance, Democratic Legitimacy, and Regulatory Inconsistency Muhammad Muhammad; Muhammad Gaus; Endang Sari
Vifada Assumption Journal of Law Vol. 3 No. 2 (2025): July - December
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/e67hxe13

Abstract

Purpose: This study examines the legal and governance implications of postponing the simultaneous Village Head Elections in Majene Regency, West Sulawesi, in 2023. The central legal issue concerns whether the postponement was consistent with the principles of legality, accountability, and local democratic governance. Previous studies have discussed the postponement of Village Head Elections in other regions, but limited attention has been given to the relationship between regulatory inconsistency, regent authority, and democratic legitimacy at the village level. This study offers novelty by analyzing the Majene case through an integrated philosophical, sociological, and juridical perspective. Research Design and Methodology: Using a descriptive qualitative approach, data were collected through regulatory document analysis, interviews with key stakeholders, field observation, and supporting documentation. Findings and Discussion: The findings show that the postponement created legal uncertainty, weakened the continuity of democratic leadership, and shifted village accountability from electoral legitimacy to bureaucratic appointment. The use of an improper legal instrument and the inconsistent replacement of local regulations also weakened public trust in regional governance. Implications: This study contributes to the development of local government law by emphasizing that postponing Village Head Elections must be based on a clear legal foundation, transparent justification, accountable procedures, and protection of villagers’ voting rights.
An Integrated Legal Framework for Marijuana Cultivation on State Land: Criminal Law, Land Administration, and Restorative Justice Budi Rizky Husin; Deni Achmad; Ninin Ernawati
Vifada Assumption Journal of Law Vol. 4 No. 2 (2026): July - December
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/8fqrjj07

Abstract

Purpose: This study examines the legal challenges of marijuana cultivation on state land and proposes an integrated framework combining criminal law enforcement, land administration, and restorative justice. Research Design and Methodology: Using a normative juridical method with a case study approach, the study analyzes relevant legislation, institutional documents, and selected data from the National Narcotics Agency (BNN), the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN), and the Ministry of Environment and Forestry (KLHK). Findings and Discussion: The findings demonstrate that marijuana cultivation on state land constitutes a multidimensional legal problem involving criminal liability, land tenure uncertainty, and weaknesses in natural resource governance. Existing responses remain predominantly punitive and insufficiently address the structural factors underlying land-related narcotics offenses, particularly unclear land status, limited inter-agency coordination, and inadequate community participation. Implications: The novelty of this study lies in developing an integrated legal framework that positions criminal enforcement, land administration, and restorative justice as complementary mechanisms rather than separate responses. The framework seeks to maintain criminal accountability while addressing land governance and community-related factors that contribute to the persistence of cultivation on state land. The study recommends strengthening inter-agency coordination and reforming legal policies to establish a more accountable, sustainable, and equitable approach to the governance of state land affected by narcotics-related activities.

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