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Realism: Law Review
ISSN : 29878411     EISSN : 29872766     DOI : https://doi.org/10.71250/rlr.v1i1.4
Core Subject : Social,
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 57 Documents
Executive Power in Indonesia: Independent Institutions and the Unitary Executive Theory Perspective Pa, Putri Mega Silvia; Firdausi, Kamalia; Mewahni, Rizkina
Realism: Law Review Vol. 4 No. 1 (2026): Realism: Law Review (in progress)
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v4i1.123

Abstract

This article examines the presence of independent agencies that perform executive functions within Indonesia’s constitutional system as a normative critique of post-reform institutional design. The article discusses the concept of the Unitary Executive Theory, which developed in the United States as an adherent of a pure presidential system, the position of the President under the 1945 Constitution of the Republic of Indonesia, as well as the relevance and operationalization of this theory within the context of Indonesia’s constitutional system. The research employs a normative legal approach using four methodologies: the statutory approach, the conceptual approach, the comparative approach, and the historical approach. The conclusion of this article is that the 1945 Constitution of the Republic of Indonesia contains a sufficient constitutional basis for the application of the Weak Unitary Executive Theory; therefore, institutions performing executive functions should be under the President’s chain of command to ensure presidential accountability and consistency.
Legal Reconstruction of Digital Asset Confiscation of Cybercrime in Indonesia Yasa, P Pebrin Putra
Realism: Law Review Vol. 4 No. 1 (2026): Realism: Law Review (in progress)
Publisher : Sabtida

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

Abstract

This article examines the legal framework for the enforcement of digital assets in cybercrime within the Indonesian legal system. The rapid development of digital assets, particularly cryptocurrencies such as Bitcoin and Ethereum, has created new challenges for criminal law enforcement, particularly in asset recovery mechanisms. Existing regulations, including the Criminal Code (KUHP) and the ITE Law, do not comprehensively address the unique characteristics of blockchain-based assets. This study employs a normative juridical method with legal, contextual, and comparative approaches. The findings reveal significant legal and technical barriers to tracking, freezing, and identifying digital assets due to their decentralized and anonymous nature. This article proposes a reconstruction of criminal law policy by recognizing digital assets as objects of potential harm, strengthening procedural mechanisms, and enhancing international cooperation. This study contributes to the development of cyber law and provides practical recommendations for law enforcement agencies in Indonesia.
Revitalizing Constitutional Law Learning through a Problem-Based Learning Approach in Legal Education Tinambunan, Hezron Sabar Rotua; Faisol, Syahid Akhmad; Setiawan, Tevan Agus; Badriyah, Firyal Nurul; Setiawati, Anisa Deny; Sanjaya, Aditya Wiguna; Kusuma, Febrian Indar Surya
Realism: Law Review Vol. 3 No. 3 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i3.126

Abstract

Textbooks are a crucial component in higher education as primary learning resources that support conceptual understanding and analytical skills. In legal education, their role extends to shaping systematic and critical legal reasoning. However, the availability of textbooks aligned with the Semester Learning Plan (RPS) remains limited, particularly in Constitutional Law courses, resulting in fragmented and less contextual learning experiences. This study aims to develop and test a Problem-Based Learning (PBL)-based Constitutional Law textbook integrated with legal protection and human rights perspectives. The research employs an experimental design by implementing a prototype textbook in the Undergraduate Law Program, Campus 5, State University of Surabaya, and collecting feedback from students and experts. The results indicate that the developed textbook enhances students' critical thinking, analytical skills, and understanding of constitutional issues, especially those related to legal protection and human rights. The PBL approach encourages active learning through case analysis and problem-solving activities, making the learning process more contextual and participatory. This study contributes both theoretically and practically to the development of innovative, adaptive, and context-based legal education materials that support academic competitiveness.
The New Direction of Legislative Pension System in Constitutional Court Decision 191/PUU-XXIII/2025 Makaruku, Alfian Reymon
Realism: Law Review Vol. 4 No. 1 (2026): Realism: Law Review (in progress)
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v4i1.128

Abstract

This paper analyzes the legal reasoning, implications, and normative relevance of Constitutional Court Decision No. 191/PUU-XXIII/2025, which conditionally declares the pension provisions in Law No. 12 of 1980 unconstitutional. The ruling maintains the provisions temporarily, subject to amendment within a specified timeframe. Using a normative legal method with legislative and conceptual approaches, the study highlights that the Court’s reasoning emphasizes equality, constitutional rights protection, and social justice for retired members of the House of Representatives. It also underscores the need to harmonize pension regulations with principles of social justice and fiscal rationality. The legal implications encourage reform of the pension system, adjustments in administration and procedures, and greater accountability and transparency in managing pension rights. Philosophically, the decision reinforces the principles of social justice and the rule of law, serving as a precedent for lawmakers in designing fair and proportionate public policies. Beyond substantive legal aspects, it stresses the importance of welfare and the protection of pension rights, ensuring that legal frameworks remain responsive to constitutional values and societal needs.
The Effectiveness of Administrative Sanctions in Promoting Legal Compliance in Indonesian Legislation Suwandi, Dedy; Izziyana, Wafda Vivid
Realism: Law Review Vol. 4 No. 1 (2026): Realism: Law Review (in progress)
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v4i1.129

Abstract

Administrative sanctions play an important role in promoting legal compliance within Indonesian administrative law, yet their effectiveness remains limited due to inconsistencies between normative design and enforcement practice. This study addresses the need for a more systematic understanding of administrative sanctions by examining their normative structure across sectors and evaluating their practical implementation. The research adopts a socio-legal approach that prioritizes normative legal analysis, supported by limited empirical insights from interviews and secondary legal materials. The analysis is guided by a theoretical framework that integrates legal substance, institutional structure, and legal culture. The findings show that administrative sanctions are formally structured through a graduated model, but their application is often inconsistent, with weak escalation, limited monitoring, and fragmented institutional coordination. As a result, sanctions tend to function symbolically rather than as effective instruments of compliance. The study proposes a theoretical model of administrative sanction effectiveness based on the alignment of normative coherence, institutional capacity, and enforcement legitimacy. Strengthening this alignment is essential for transforming administrative sanctions into reliable tools of regulatory governance and achieving sustainable legal compliance.
Optimizing Online Police Clearance Certificate Services: Empirical Legal Analysis of Digital Public Service Innovation Wiryanatha, Gede Adhi Arya; Halimah, Halimah; Sutrisno, Sutrisno; Setiawan, Yudhi Hery
Realism: Law Review Vol. 4 No. 1 (2026): Realism: Law Review (in progress)
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v4i1.130

Abstract

This study aims to analyze the implementation of the online Police Clearance Certificate (SKCK) service as a digital innovation in public service at the Administrative Service Section (Si Yanmin) of the Intelligence and Security Directorate, Central Kalimantan Regional Police. The background of this study is based on the increasing demand for public services that are efficient, transparent, and responsive in the digital era. This research is an empirical legal research that employs a qualitative approach using in-depth interviews, observation, and documentation as data collection techniques. The findings indicate that the implementation of the online SKCK service has improved service responsiveness through faster processing time, enhanced efficiency by simplifying administrative procedures, and strengthened accountability and transparency through an integrated digital system. From the perspective of innovation diffusion theory, the service demonstrates a relatively high level of adoption, as most users prefer the online system due to its practicality and efficiency. However, several challenges remain, including system and network instability, limited digital literacy among users, and constraints in human resources. This study concludes that the online SKCK service is operationally effective but remains in a consolidation stage toward achieving a more stable, inclusive, and fully optimized digital public service.
Legal Paradigm Shifts In The Age Of Digital Transformation Taufani, Galang; Negara, I Putu Endra Wijaya
Realism: Law Review Vol. 4 No. 1 (2026): Realism: Law Review (in progress)
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v4i1.131

Abstract

Digital transformation has reshaped the foundations of law, not only technologically but also normatively and methodologically. Legal paradigms in the digital era must be examined through systematic interpretation, doctrinal reasoning, and normative critique. This study, based on normative legal research with a conceptual approach, utilizes legal materials from books and scholarly journals. Findings reveal three major challenges: first, a legal vacuum and regulatory lag, as technological innovation outpaces regulation, leaving many digital activities ungoverned. Second, a jurisdictional crisis arises because territorially bound national legal systems cannot effectively regulate global digital interactions. Third, regulatory fragmentation occurs due to overlapping digital regulations, creating legal uncertainty. Consequently, the effectiveness of law in the digital age is not measured by the number of regulations but by its adaptability, integrative capacity, and progressive interpretation in response to technological dynamics. Without such transformation, law risks irrelevance in governing digital society