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Realism: Law Review
Published by Perkumpulan Sabat Ilmu Aditya
ISSN : 29878411     EISSN : 29872766     DOI : https://doi.org/10.71250/rlr.v1i1.4
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The focus of Realism: Law Review is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law Science. Realism: Law Review aims to provide a forum for lectures and researchers on applied law science to publish the original articles. The scope of Realism: Law Review is Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Civil Procedural Law, Economic Law, Adat Law, and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 49 Documents
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LEGAL PROBLEMS OF FULFILLING RIGHTS AND INCLUSIVE REHABILITATION FOR PERSONS WITH DISABILITIES IN CORRECTIONAL INSTITUTIONS Prasetya, Nabilla Nur Annisa; Pratiwi, Fedora Putri; Wulandari, Sinta; Wijaya, Joice Argareta Awang; Galang, Galang; Mubina, Fathan
Realism: Law Review Vol. 3 No. 2 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i2.62

Abstract

This study examines the challenges faced by Indonesia’s correctional system in fulfilling the rights of inmates with disabilities through a case study of Agus Buntung, a disabled inmate experiencing accessibility difficulties at Class IIA Kuripan Prison. Although Law No. 40 of 2008 and related government regulations stipulate rights to accessibility and inclusive rehabilitation for persons with disabilities, implementation in prisons remains inadequate. Limited infrastructure, insufficient assistive devices, and a lack of inclusive rehabilitation programs cause inmates like Agus to experience isolation and obstacles in participating in correctional programs. These issues hinder the achievement of rehabilitation goals aimed at preparing inmates for reintegration into society. This research employs a normative legal method with a statutory approach to analyze the fulfillment of accessibility rights, the implementation of inclusive rehabilitation programs, and the barriers encountered. The findings highlight the need for comprehensive reforms, including facility improvements, enhanced staff capacity, and more specific regulations to create a more inclusive and just correctional system for inmates with disabilities. These results are intended to inform policy recommendations that uphold human rights and support effective rehabilitation for disabled inmates. 
THE ISRAELI PRODUCT BOYCOTT MOVEMENT IN THE PERSPECTIVE OF CONSUMER PROTECTION LAW IN INDONESIA Setyawati, Ria; Aryatie, Indira Retno; bin Abdul Rahman, Nasarudin
Realism: Law Review Vol. 3 No. 2 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i2.67

Abstract

The boycott of Israeli products in Indonesia reflects both solidarity with Palestine and the exercise of consumer rights. This study aims to analyze the boycott movement from the perspective of Indonesian consumer protection law, particularly Law No. 8 of 1999 on Consumer Protection (UUPK). Using a normative juridical method with a statute and conceptual approach, the research examines how consumer rights are exercised in ethical consumption practices and how legal obligations are imposed on businesses. The findings indicate that boycotts can be regarded as part of consumers’ rights to make choices based on moral and ethical considerations, although legal and economic challenges may arise. Businesses are required to provide accurate product information, while unclear labeling often hinders consumer decision-making. The study also discusses the legal and economic implications of boycotts in the context of international trade, underscoring the importance of regulatory frameworks that ensure transparency and strengthen consumer protection when ethical dilemmas shape purchasing decisions
ANALYSIS OF MUSIC IN ISLAMIC LAW PERSPECTIVE Ubabuddin, Ubabuddin; Bin Ilias, Mohd. Faeez; Herwani, Herwani
Realism: Law Review Vol. 3 No. 2 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i2.70

Abstract

In Islamic history, music is known for its three elements which are called handasah al-sawt, al-musiqa, and ghina. Referring to Isma'il and Al-Faruqi's Lois Lam, Abdul Hadi said that music that is in line with Islamic goals is handasah al-sawt whose contents are manifestations of Muslim aesthetics originating from Islamic tradition, whose implementation rules are rooted in the aesthetics of the Qur'an. According to an Islamic perspective, music that is required by syara' can be used as a tool to educate while entertaining, namely through an Islamic approach. Entertainment that meets entertainment standards in Islam is entertainment that inspires enthusiasm and awareness towards remembering Allah as well as educating people to live up to Islamic teachings. Abdul Ghani An-Nabalisiy, said that music law was initially halal. Whatever the form, both the kind of music that is peaceful and that which is hit. It's not only halal, it's not even seen as bad in common sense and custom. Its prohibition emerged when the ulema began to see the facts of the bad effects of music, for example, making the audience forget Allah and neglect worship. In general, when music leads to disobedience and futility, that's when it starts to be forbidden. So it's important to put it back that music is basically a medium. As a medium, music cannot be judged by anything.
LAW ENFORCEMENT AGAINST CORRUPTION IN INDONESIA: BETWEEN EXPECTATION AND REALITY Salim, Agus; Suryati, Suryati; Yusoh, Ruslan
Realism: Law Review Vol. 3 No. 2 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i2.73

Abstract

This study critically examines the effectiveness of law enforcement efforts against corruption in Indonesia, highlighting the persistent gap between legal expectations and practical outcomes. Despite a comprehensive legal framework including Law No. 31/1999, Law No. 20/2001, and the establishment of the Corruption Eradication Commission (KPK) Key Alta institutions continue to face political interference, limited resources, legal loopholes, and inconsistent prosecutorial practices. For example, underscore that although asset recovery and conviction rates have risen, sentencing disparities and institutional constraints remain prevalent, impeding deterrence. Complementing this, identifies political coercion and inadequate capacity at enforcement bodies such as the KPK, police, and judiciary as key impediments. This research employs a normative-juridical method, reviewing legislation, judicial rulings, and institutional practices. It also integrates recent Scopus-indexed empirical studies to strengthen its analytical framework. The findings reveal that while recent innovations such as digital oversight in public procurement have improved transparency and stakeholder engagement, they have not yet substantially closed enforcement gaps. The study concludes that sustainable progress requires enhancing institutional independence, ensuring sufficient funding and resources, tightening legal provisions, fostering judicial reform, and embracing innovative approaches such as e‑procurement systems and civil society oversight. These measures are essential to bridging the divide between aspirations and reality in Indonesia's anti‑corruption enforcement mechanisms, thereby meeting both domestic expectations and global standards.
CONNECTING ASIA: THE RISE OF CHINA’S DIGITAL SILK ROAD IN ASEAN COUNTRIES Paudel, Pramila
Realism: Law Review Vol. 3 No. 2 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i2.75

Abstract

Southeast Asia has emerged as a crucial hub for China's Digital Silk Road (DSR), owing to the region's increasing digital economy, young population, and geopolitical prominence. Between 2017 and 2023, Chinese companies such as Huawei, Alibaba, and ZTE made significant investments in ASEAN's digital infrastructure, including 5G networks, smart hospitals, data centers, and e-commerce platforms, while initiatives such as Huawei's "Seeds for the Future" increased technological capability. This study looks at how ASEAN countries deal with China's DSR while balancing national interests, regulatory frameworks, and digital development aspirations. The research identifies both opportunities and challenges based on case studies, policy analysis, and assessments of regional governance mechanisms. While Chinese investments have accelerated digital transformation, ASEAN member countries are also implementing regulatory safeguards, fostering regional cooperation, and advancing strategies such as the ASEAN Digital Masterplan 2025 and the Digital Economy Framework Agreement to protect sovereignty and promote interoperability. The findings highlight the region's attempts to attract foreign investment while developing secure, inclusive, and autonomous digital ecosystems that will influence its role in the global digital order.
The Deterrence Dilemma: Assessing Criminal Liability Standards for Emerging Digital Offenses in the AI Era Kristian, Budi; Ahmad Ramadan, Tubagus
Realism: Law Review Vol. 3 No. 3 (2025): Realism: Law Review (in progress)
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i3.86

Abstract

The exponential growth of artificial intelligence technology has presented unprecedented challenges to traditional criminal accountability frameworks, particularly in dealing with AI-based digital crimes that operate beyond conventional mens rea doctrines. This study examines the adequacy of Indonesia's criminal law provisions in regulating autonomous AI systems and proposes comprehensive accountability standards to achieve optimal deterrence while ensuring legal certainty. Using normative juridical methodology with legislative, conceptual, and comparative approaches, this study analyzes primary legal materials including Law Number 1 of 2023 concerning the Criminal Code and Law Number 19 of 2016 concerning ITE, complemented by contemporary academic literature on AI criminality and international cybercrime instruments. The findings reveal critical gaps in the current regulatory framework, suggesting that existing provisions are inadequate to address the complexities of AI-based crimes such as deepfake fraud, automated hacking, and algorithmic manipulation. The study proposes a hybrid liability model that integrates the principles of strict liability, negligence-based liability, and vicarious liability adjusted to AI risk categories. The study concludes that effective deterrence requires reconceptualization beyond punitive sanctions to include preventive mechanisms, while legal certainty demands risk-based differentiated standards and capacity building of digital forensics supported by international cooperation frameworks. Keywords: artificial intelligence; criminal liability; digital crime; prevention theory; legal certainty.
The Phenomenon of Autocratic Legalism in the Formation of Laws and Regulations in Indonesia Sania Putri, Salsabella
Realism: Law Review Vol. 3 No. 3 (2025): Realism: Law Review (in progress)
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i3.95

Abstract

The autocratic phenomenon of legalism in the formation of laws and regulations in Indonesia refers to the use of legal instruments to consolidate authoritarian power through a process that seems legal, but is contrary to democratic principles. This study aims to analyze how this practice occurs in the legislative process, as well as its impact on the Indonesian constitutional system. Through a qualitative approach with literature studies and case analysis. This study found that autocratic legalism is manifested through executive dominance in law-making, weakening of public participation, and the use of law as a tool of repression. Concrete examples include the hasty passage of the Job Creation Law and the revision of the KPK Law that reduces the independence of anti-corruption agencies. As a result, there has been a narrowing of the democratic space, inequality in law enforcement, and a weakening of the legislative oversight function. This study concludes that a more transparent and participatory reform of the legislative process is needed to prevent the degradation of constitutional democracy in Indonesia.
Parental Misconduct in Child Education: A Legal Perspective on Parents’ Reactions to School Discipline in Indonesia Salim, Agus; Yusoh, Ruslan
Realism: Law Review Vol. 3 No. 3 (2025): Realism: Law Review (in progress)
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i3.96

Abstract

This article examines parental misconduct in the context of child education, specifically focusing on legal perspectives regarding parents’ reactions to school discipline in Indonesia. The study seeks to analyze how parental interventions, whether excessive or lacking, can disrupt the effectiveness of school disciplinary processes, potentially contravening principles enshrined in national child protection laws. By reviewing statutory regulations such as Law No. 35/2014 on Child Protection and corresponding Ministerial Regulations, this research explores the boundaries of parental rights and responsibilities when responding to disciplinary measures imposed by schools. The methods applied center on normative legal analysis and comparative studies of recent case examples in Indonesian schools. The results reveal ongoing tension between parental authority and school autonomy, highlighting frequent legal ambiguities that complicate child-friendly disciplinary enforcement. The article concludes that balanced cooperation between schools and parents, rooted in legal clarity and mutual respect, is essential for effective child discipline and educational safety in Indonesia.
Privacy Protection Against Forced Wirebreaking Attempt by Law Enforcement Officials Abrianto, Bagus Oktafian; Negara, Dharma Setiawan; Nainggolan, Samuel Dharma Putra; Permatasari, Vivi Ayudya
Realism: Law Review Vol. 3 No. 3 (2025): Realism: Law Review (in progress)
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The law permits coercive measures in law enforcement, one of which is telephone tapping. Initially, telephone tapping was closely linked to the protection of privacy as a human right; however, such protection can be limited when necessary and is regulated by law. In Indonesia, regulations governing telephone tapping remain fragmented, as several law enforcement agencies authorized to conduct telephone tapping regulate the mechanism independently through different legal frameworks. This situation has the potential to create legal uncertainty and raise concerns about the protection of citizens' privacy rights. This study uses normative legal research with a legal and conceptual approach. This study aims to analyze the authority of several state institutions to conduct telephone tapping and to examine the mechanisms governing telephone tapping to ensure the protection of the right to privacy as a human right in the law enforcement process

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