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Verdict: Journal of Law Science
Published by CV Wahana Publikasi
ISSN : -     EISSN : 29853680     DOI : https://doi.org/10.59011/vjlaws
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Verdict: Journal of Law Science (E-ISSN: 2985-3680) is an open-access, anonymous peer-reviewed journal published by CV Wahana Publikasi. This journal publishes articles on all aspects of law, covering international, national, and local levels. It aims to provide a platform for researchers, academics, practitioners, students, teachers, judges, and administrators to publish original research articles or review articles, and offers opportunities for them to stay abreast of new ideas and advances in legal reform. The topics covered by this journal are diverse, including criminal law, civil law, commercial law, health law, environmental law, agrarian law, maritime law, international law, tax law, consumer protection law, medical law, spatial planning law, labor law, transportation law, mining law, energy law, administration, and legal justice. However, it is also open to interdisciplinary legal research. The journal warmly welcomes contributions from scholars in related disciplines, with a priority on new and current issues for publication. Verdict: Journal of Law Science is published twice a year.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 83 Documents
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Diskriminasi Sosial dan Marginalisasi Ekonomi sebagai Korelaktor Kejahatan: Studi Etnografi pada Komunitas Urban Poor di Jakarta, Surabaya, dan Medan Taun, Taun; Giffari, Muhammad Naufal
Verdict: Journal of Law Science Vol. 4 No. 2 (2025): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.4.2.2025.102-114

Abstract

This study examines the complex relationship between social discrimination and economic marginalization as underlying drivers of criminal behavior among urban poor communities in Jakarta, Surabaya, and Medan. Utilizing a critical ethnographic methodology, the research explores how structural inequalities—rooted in institutional exclusion and persistent stigmatization—shape individual adaptation strategies that often result in involvement with criminal activities. Data were collected through in-depth interviews, participant observation over twelve months, and comprehensive analysis of police records and relevant policy documents. Evidence gathered from fieldwork demonstrates that restricted access to formal employment and essential public services perpetuates material deprivation, while cultural stigmatization reinforces negative social stereotypes and marginalizes urban poor further from opportunities for meaningful participation. Anchored in strain theory (Merton, 1938), conflict criminology, and frameworks of social exclusion, this study finds that criminality functions as a rational, adaptive response to survival challenges presented by systemic exclusion. The findings also highlight disparities in the criminal justice process, including over-policing, limited access to legal representation, and disproportionate punitive outcomes for poor individuals. By integrating empirical data and theoretical perspectives, the research argues for a reconceptualization of urban criminality as a social and structural phenomenon rather than individual pathology. Policy implications suggest a need for distributive justice reforms and inclusive social development programs to break the cyclical ties between discrimination, marginalization, and crime within Indonesian urban contexts. This study contributes to the field of criminology by providing grounded, context-specific analysis relevant for future intervention and policymaking.
Hukuman Mati bagi Koruptor sebagai Solusi Pemberantasan Korupsi di Indonesia: Analisis Konstitusional dan Dampak Hukumnya Agus Damai Lase
Verdict: Journal of Law Science Vol. 5 No. 1 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.1.2026.31-40

Abstract

Corruption is an extraordinary crime that has wide-ranging impacts on various aspects of national and state life in Indonesia. Efforts to eradicate corruption have not yet produced satisfactory results, even though legal instruments such as Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, the establishment of the Corruption Eradication Commission, and various national policies are already in place. One discourse that has re-emerged is the imposition of the death penalty for perpetrators of corruption as a more repressive form of law enforcement. This study examines two main issues: (1) how the death penalty for corruptors is regulated in Indonesia, and (2) what impacts arise from the implementation of the death penalty for corruption offenders. This research employs a normative juridical method with a statute approach and an analytical approach, through the examination of the constitution, legislation, legal literature, and expert opinions. The results of the study indicate that the application of the death penalty in corruption crimes is normatively possible under certain conditions, as regulated in Article 2 paragraph (2) of the Anti-Corruption Law. However, its implementation remains debated from the perspectives of constitutionality, human rights, deterrence effectiveness, and its socio-political impacts. The application of the death penalty for corruptors has the potential to create a deterrent effect on corruption crimes, but it does not automatically serve as a single solution. A comprehensive approach is required through improvements in the political system, public administration, and law enforcement to achieve effective corruption eradication. Thus, it can be concluded that although the death penalty may be considered an extraordinary measure under certain conditions, its implementation must adhere to the principles of constitutionality, human rights, proportionality, and legal accountability.
Pelaksanaan UUD 1945 tentang Negara Mencerdaskan Kehidupan Bangsa sebagai Amanat Konstitusi Anak Agung Sagung Laksmi Dewi; Anak Agung Ngurah Adhi Wibisana
Verdict: Journal of Law Science Vol. 5 No. 1 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.1.2026.41-54

Abstract

The constitutional mandate in the 1945 Constitution stating that “the state shall educate the life of the nation” represents the state’s responsibility in the provision of education and the development of human resources. This article examines three research problems: (1) what legal evidence demonstrates that the state has an obligation to educate the life of the nation; (2) how the government implements Article 31 of the 1945 Constitution; and (3) what legal consequences arise if the state fails to fulfill this constitutional mandate. The research employs a normative juridical approach using both the statute approach and the analytical approach through the examination of the constitution, legislation, and academic literature. The findings indicate that the state’s obligation to educate the life of the nation has a strong legal foundation, including Article 31 of the 1945 Constitution and various implementing laws. The government has undertaken numerous efforts through education budgeting, compulsory education policies, and the development of the national education system. However, shortcomings in implementation still occur, which result in legal consequences such as state responsibility, the potential for constitutional claims by citizens, and negative implications for human rights and social justice. This article concludes that the mandate of the 1945 Constitution must be translated into measurable and accountable policies so that the realization of “educating the life of the nation” is not merely symbolic.
SLO dan FPIC dalam Tata Kelola Pertambangan Nikel: Studi Socio-Legal atas Konflik Lahan dan Kriminalisasi Masyarakat di Kabupaten Kolaka, Indonesia Umirul Ham
Verdict: Journal of Law Science Vol. 5 No. 1 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.1.2026.12-30

Abstract

The expansion of nickel mining in Indonesia has become a strategic foundation for the mineral downstreaming agenda and the global energy transition. However, at the local level, such expansion often generates serious social conflicts, particularly concerning land control and the criminalization of communities. This study critically analyzes how the concepts of Social License to Operate (SLO) and Free, Prior and Informed Consent (FPIC) operate or fail to materialize in the governance of nickel mining in Kolaka Regency, Southeast Sulawesi. Using a qualitative socio legal approach based on literature review and case studies, this research finds that mining legitimacy in Indonesia remains dominated by a legal license paradigm that prioritizes investment certainty and state and corporate power, while sidelining the social legitimacy of local communities. The main findings reveal a systematic pattern of dispossession of community land access through state licensing instruments, accompanied by the criminalization of residents who resist or question mining operations. In this context, SLO is reduced to a post facto conflict management instrument through CSR and PPM programs, while FPIC is neither normatively institutionalized nor practically implemented. This study argues that the failure to realize SLO and FPIC in Kolaka is not merely an issue of implementation, but rather a consequence of the legal and political structures of extractivism that position the state and corporations in asymmetrical power relations with local communities. The contribution of this study lies in strengthening socio legal analysis on legitimacy, power, and justice in the governance of nickel mining in Indonesia, with Kolaka presented as a primary case.
Urgensi Penegakan Hukum Tindak Pidana Korupsi dalam Membangun Ketertiban Hukum Rismarito Manik; Mey Enda Sinuraya; Chacha Widya Permata Sari; Ribet Sri Pipit Putri Zega; Cindy Laura Sihombing
Verdict: Journal of Law Science Vol. 5 No. 1 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.1.2026.1-11

Abstract

Corruption is an extraordinary crime that has developed systematically and poses serious threats to social stability, economic development, and legal order in Indonesia. Therefore, effective law enforcement against corruption crimes is an urgent necessity to uphold the rule of law, ensure justice, and build a stable legal order within society and the state. This study aims to analyze the urgency of law enforcement against corruption crimes as well as the challenges encountered in its implementation in Indonesia. The research employs a normative juridical method with statutory and conceptual approaches. The findings reveal that law enforcement in corruption cases continues to face several obstacles, including weak coordination among law enforcement institutions, inconsistency in legal enforcement, and inadequate oversight mechanisms. These conditions adversely affect legal order and undermine public trust in the legal system. Accordingly, strengthening an integrated, consistent, and accountable law enforcement system is a fundamental prerequisite for building a just and effective legal order.
Kedudukan Lembaga Pengawas dan Penguatan Sistem Merit Pasca Putusan MK 121/PUU-XXII/2024 Dian Alya; Azifah Syaqila Ravadina Suhendra; Febrio Dosi Pratama; Iskandar Iskandar; Madinar Madinar
Verdict: Journal of Law Science Vol. 5 No. 1 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.1.2026.55-65

Abstract

The abolition of the State Civil Service Commission through Law No. 20 of 2023 on the State Civil Service has raised serious concerns regarding the weakening of merit system oversight and the increased risk of bureaucratic politicization. The Constitutional Court addressed this issue through Decision No. 121/PUU-XXII/2024, which declared the abolition of KASN conditionally unconstitutional and mandated the reestablishment of an independent oversight body. This study aims to analyze the urgency of establishing an independent civil service oversight body and to formulate an ideal institutional design following the Court’s ruling to ensure the continued implementation of the merit system within the government bureaucracy. The study employs a normative legal. The legal materials utilized include legislation, Constitutional Court decisions, and relevant academic literature. The findings indicate that the absence of an independent external oversight body has the potential to increase violations of civil service neutrality, the buying and selling of public office, and political interference in the appointment of public positions, particularly at the local level. This study identifies two institutional design models: the Parliamentary Oversight Satellite, which situates the oversight body within the parliamentary framework, and the Independent Administrative Commission, structured as a public legal entity with institutional autonomy, financial independence, and executive authority. In conclusion, future civil service oversight bodies must not merely function in an advisory capacity but must also possess effective enforcement authority and maintain an institutional position separate from the executive branch to ensure the realization of a professional, neutral, and integrity-driven bureaucracy.
Analisis Hukum atas Putusan Hakim Terhadap Wanprestasi dalam Perjanjian Utang Piutang (Studi Putusan Nomor 1095/Pdt.G/2024/PN Mdn) Ayu Mentari Sinambela; Iin Hot Prinauli Purba
Verdict: Journal of Law Science Vol. 5 No. 1 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.1.2026.66-81

Abstract

This study aims to investigate a breach of contract in a case illustrated by the studied decision. The Medan District Court Decision Number 1095/Pdt.G/2024/PN Mdn serves as a compelling case for legal analysis in civil law. The panel of judges deliberated on the legal facts in their ruling. The judge’s legal considerations are crucial as they demonstrate the application of civil law to the specific facts in contention. This study seeks to identify and analyze the facts of the case and the legal facts underpinning the examination of the Medan District Court Decision Number 1095/Pdt.G/2024/PN Mdn, as well as to evaluate the judge’s legal reasoning in rendering a verdict on the civil matter. This study employs a normative legal research method. The findings suggest that the Defendant’s actions, which resulted in losses for the Plaintiffs, may be legally classified as a breach of contract or breach of promise, as they evidently contravene the stipulations of Article 1243 of the Civil Code. This provision mandates that the duty to indemnify for expenses, damages, and interest arises if the debtor, although being deemed negligent, fails to fulfill his duties or fulfills them after the designated timeframe has elapsed. The judge determined that the Defendant’s actions constituted a violation of the agreement, resulting in a breach of contract or breach of promise. This decision exemplifies the appropriate application of civil law regarding evidence, the enforcement of legal norms, and the evaluation of the facts presented in court.
Tinjauan Yuridis Terhadap Tindak Pidana dalam Kasus Kekerasan dalam Rumah Tangga (Studi Kasus: Putusan No 1119/Pid.Sus/2024/PN Mdn) Yesi Enjelina Br Karo; Suhaila Zulkifli; Tajuddin Noor
Verdict: Journal of Law Science Vol. 5 No. 1 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.1.2026.109-123

Abstract

The increasing incidence of domestic violence in Indonesia and the inadequate safeguards in place to protect victims, especially women, prompted this study. The psychological and physiological effects of domestic abuse necessitate an all-encompassing strategy for addressing this human rights violation. Case No. 1119/Pid.Sus/2024/PN Medan and the factors that the court took into account when making a decision are the subjects of this research. Utilising a statutory framework and case study methodology, this research employs a normative legal approach. It employs descriptive analysis of primary, secondary, and tertiary legal sources. Based on the rules laid out by Law No. 23 of 2004 on the Elimination of Domestic Violence, the components of the crime of physical violence within the home have been satisfied, according to the results of the study. A medical examination report confirms that the victim has received medical assistance as a measure of protection. In terms of psychological healing and rehabilitation, however, victim protection has fallen short of expectations. There are both legal and non-legal factors that the judge took into account when making the decision. While legitimate evidence is the judge's reliance in a legal proceeding, consideration of mitigating factors, such as the defendant's age and confession, is considered in a non-legal proceeding. In comparison to the maximum penalty, the eight-month prison term was thought to be quite light. Finally, victims of domestic violence still do not have complete legal protection; this calls for stricter implementation of laws that help victims heal and discourage abuse.
Kedudukan Sanksi Adat Gampong di Aceh dalam Sistem Hukum Pidana Indonesia Muhammad Makin; Aditya Nanda Arrafif; Maulana Sena Al Jabbar; Muhammad Rizky Ramadhan
Verdict: Journal of Law Science Vol. 5 No. 1 (2026): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.1.2026.139-160

Abstract

This study aims to analyze the position of gampong customary sanctions in Aceh within the national criminal law system and their influence on the process of criminal liability. The method used is normative legal research with a statutory approach and a conceptual approach. The results of the study indicate that gampong customary sanctions obtain constitutional legitimacy through Article 18B paragraph (2) of the 1945 Constitution, as well as juridical reinforcement through Law Number 11 of 2006 concerning the Government of Aceh and various related qanun. From the perspective of the national legal system, customary sanctions are part of legal pluralism that is complementary and subordinate to national criminal law. In practice, the resolution of cases through gampong customary mechanisms prioritizes the principles of deliberation and restorative justice, which are oriented toward restoring social relations among perpetrators, victims, and the community. This resolution is generally applied to minor criminal offenses of a social-communal nature. Under certain conditions, customary settlement can influence the formal law enforcement process, including serving as a consideration for law enforcement officials to terminate cases based on a restorative justice approach. However, customary sanctions cannot eliminate criminal liability in cases of serious crimes, as they remain subject to the principle of legality, the supremacy of national law, and the protection of human rights. Thus, the existence of gampong customary sanctions reflects the integration between state law and the living law within society, which enriches the national criminal law system. However, its implementation still requires normative limitations in order to avoid disharmony and legal uncertainty.
Kelemahan International Criminal Court (ICC) dalam Menangani Kejahatan terhadap Kemanusiaan di Wilayah Palestina (Studi Kasus Konflik Gaza 2023–2024) Muhammad Makin; Dwi Putri Lestarika
Verdict: Journal of Law Science Vol. 5 No. 1 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.1.2026.82-98

Abstract

This study examines the structural and political weaknesses of the International Criminal Court (ICC) in responding to alleged crimes against humanity in the Palestinian territories, with a particular focus on the Gaza conflict that began in October 2023. This issue is highly relevant because the ICC formally established its jurisdiction over the Palestinian territories through a decision of Pre-Trial Chamber I in February 2021; however, in practice, legal proceedings have progressed very slowly amid a worsening humanitarian crisis. This research employs a normative legal method with statutory and conceptual approaches, drawing on an analysis of the Rome Statute (1998), ICC and International Court of Justice decisions, as well as Indonesian national legal instruments. Four key weaknesses are identified in this study. First, jurisdictional limitations arise because Israel has not ratified the Rome Statute, although territorial jurisdiction remains applicable. Second, the absence of an enforcement mechanism renders arrest warrants difficult to execute. Third, increasing political pressure from the United States further constrains the Court’s effectiveness. Fourth, the ICC’s procedural timeline is often prolonged and inefficient. The issuance of arrest warrants against Benjamin Netanyahu and Yoav Gallant in November 2024 represents a historic precedent while simultaneously exposing the fragility of the existing international criminal justice system.This study further examines Indonesia’s legal position through Article 28A and Article 28I of the 1945 Constitution of Indonesia, as well as Law No. 39 of 1999 on Human Rights. It argues that Indonesia’s normative commitments must be translated into more concrete diplomatic actions, including the ratification of the Rome Statute.

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