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INDONESIA
Journal Juris Sinergi
Published by PT. Sinergi Legal Publisher
ISSN : -     EISSN : 30484308     DOI : https://doi.org/10.70321/jsj
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Juris Sinergi Journal (JSJ) merupakan jurnal hukum yang berfokus pada penelitian interdisipliner dalam bidang hukum. Jurnal ini menyediakan platform bagi para peneliti untuk menerbitkan karya-karya yang menyinergikan berbagai aspek hukum dengan disiplin ilmu lain, mencakup studi kasus, teori hukum, serta analisis kebijakan hukum yang terapan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 27 Documents
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Criminal Liability of Individuals for the Unlawful Placement of Indonesian Migrant Workers in Malaysia: A Case Study of a Batam District Court Decision Number 418/Pid.Sus/2022/PN Btm Indra Arfansyah Nasution; Lilawaty Ginting
Juris Sinergi Journal Vol. 3 No. 2 (2026): Law, Governance, and Contemporary Social Challenges (in progres)
Publisher : Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/jsj.v3i2.179

Abstract

The unlawful placement of Indonesian migrant workers requires a distinction between prohibited conduct, participation, and individual culpability. This article examines the governing legal framework, the maritime placement arrangement, and sentencing in Batam District Court Decision Number 418/Pid.Sus/2022/PN Btm. It uses doctrinal legal research with statutory, case, and conceptual approaches, addressing Articles 69 and 81 of Law Number 18 of 2017, participation under the former Criminal Code, and the evidentiary rules applicable to the 2022 proceedings. The case concerns Rico Saputra, associated with coordinating and operating the vessel, and Rostam, associated with assisting as a crew member. Each received three years of imprisonment and a fine of IDR 100 million. The article argues that liability must rest on each defendant's contribution and culpability. Equal sentences are not inherently disproportionate, but their justification requires an assessment of the respective roles and relevant aggravating and mitigating circumstances. An operator's title does not establish greater culpability, and crew status does not automatically warrant a lighter sentence. Enforcement should preserve migrant workers' rights and access to appropriate assistance, including for workers travelling through irregular channels.
Repeated Investigation Orders in Corruption Cases and Their Implications for Legal Certainty Suryanta Desy Christiani; Triono Eddy; Mhd. Teguh Syuhada Lubis
Juris Sinergi Journal Vol. 3 No. 1 (2026): Emerging Legal Issues and Contemporary Legal Studies
Publisher : Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/jsj.v3i1.180

Abstract

The reissuance of an investigation order following a pretrial ruling that invalidates a person’s designation as a suspect raises questions about investigative authority and legal certainty. This article examines the legal role of investigation orders, the consequences of their repetition in corruption cases, and safeguards for accountable renewed investigations. It uses doctrinal legal research through statutory and conceptual analysis and examination of judicial decisions. The analysis distinguishes administrative renewal, changes in investigative scope, renewed investigation after pretrial review, and the reopening of discontinued proceedings. The number of orders alone does not determine legality. Assessment must address authority, case identity, the grounds for invalidation, the evidentiary basis, and procedural compliance. Invalidation of a suspect designation does not determine criminal liability or automatically engage ne bis in idem. However, repetition without reviewable reasons may prolong uncertainty and weaken judicial oversight. The article proposes a documented comparison of investigative grounds, substantive supervisory review, appropriate notification, interagency coordination, and periodic assessment of progress. Published prosecutorial regulations provide an administrative framework that could support these safeguards. Judicial oversight under Law No. 20 of 2025 offers a further basis for their development, although a specific comparative record remains a recommendation. These measures seek to support effective corruption enforcement while respecting judicial rulings and the rights of persons affected by investigation.
Forestry Law Enforcement and Administrative Accountability in Register 40 Padang Lawas: A Case Study of Supreme Court Decision No. 2642 K/Pid/2006 Perantoan Rambe; Eka N.A.M. Sihombing; Onny Medaline
Juris Sinergi Journal Vol. 3 No. 1 (2026): Emerging Legal Issues and Contemporary Legal Studies
Publisher : Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/jsj.v3i1.184

Abstract

This article examines the legal status of oil palm plantations in Register 40 Padang Lawas and the implementation of Supreme Court Decision No. 2642 K/Pid/2006. It uses doctrinal legal research with statutory, case, and conceptual approaches, distinguishing the historical criminal framework from the administrative law applicable to later decisions. The analysis finds that factual occupation and plantation business documentation do not independently establish lawful forest use or release. The judgment of 12 February 2007 provides a basis for criminal enforcement and forfeiture, while territorial implementation requires reliable identification of the adjudicated objects and a clear allocation of institutional responsibilities. Planning in 2009 and an operation reported in April 2025 document an extended implementation process, without establishing the completion status of every obligation. Customary community claims require a collective and territorial inquiry distinct from individual ownership or contractual claims. Administrative acts before 17 October 2014 must be assessed under the law then applicable; subsequent acts may engage Law No. 30 of 2014. The article proposes parcel-based records, reasoned examination of affected interests, accessible legal assistance, and supervised forest recovery. These measures support judicial certainty while respecting community rights and accountable forestry administration.
Criminal Policy on Prostitution and the Legal Position of Sex Workers in Indonesian Criminal Law Reform Siti Fahira Mashuri Nasution; Adi Mansar; Guntur Rambey
Juris Sinergi Journal Vol. 3 No. 1 (2026): Emerging Legal Issues and Contemporary Legal Studies
Publisher : Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/jsj.v3i1.185

Abstract

This article examines how Indonesian law regulates parties involved in prostitution, the need for statutory harmonisation, and the relationship between penal and non-penal policy. It uses doctrinal legal research through statutory and conceptual analysis, supplemented by a limited comparison with Sweden’s approach to purchaser liability. The findings show that facilitation, extramarital intercourse, trafficking, sexual exploitation, and pornography are governed by offences with different elements and protective purposes. Legal responsibility therefore depends on conduct and statutory requirements, while victim status requires separate assessment. The National Criminal Code and the 2026 Penal Adjustment Law also require careful distinction between historical and current provisions. Sweden illustrates a policy that criminalises purchasing sexual acts without criminalising their sale under the same provision. This comparison informs legislative options but does not establish that purchaser criminalisation would achieve the same outcomes in Indonesia. Any proposed offence should address a defined harm, specify fault and evidentiary requirements, avoid unnecessary overlap, and protect access to assistance. Enforcement should be integrated with social support, economic opportunities, education, digital literacy, and coordinated services. The article concludes that reform should pursue legal certainty and prevention of exploitation through differentiated responsibility and proportionate measures.
Legal-Technical Secularization and the Reconstruction of Religion–State Relations in Indonesian Criminal Law Reform: An Analysis of the National Criminal Code and the 2025 Criminal Procedure Code Nasrullah; Wirandi Dalimunthe; Ismed Batubara
Juris Sinergi Journal Vol. 3 No. 1 (2026): Emerging Legal Issues and Contemporary Legal Studies
Publisher : Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/jsj.v3i1.187

Abstract

Indonesia’s criminal law reform under Law No. 1 of 2023 on the Criminal Code and Law No. 20 of 2025 on the Criminal Procedure Code raises a fundamental question concerning the constitutional transformation of religious and moral values into enforceable criminal norms. Employing doctrinal legal research through statutory, conceptual, and functional-comparative approaches, this article examines legal-technical secularization, changing religion–state relations, and the safeguards governing criminalization. Three findings emerge. First, Article 2 and Articles 411–412 of the Criminal Code subject living law and morality-related offenses to legally defined conditions, offense elements, and complaint requirements. Second, Article 235 of the Criminal Procedure Code addresses categories of admissible evidence and the judicial assessment of unlawfully obtained or inauthentic evidence; such provisions do not, by themselves, resolve wider questions of privacy, equality, or proportionality. Third, Malaysia and Singapore demonstrate distinct approaches to the allocation of religious-law jurisdiction and institutional competence. The article proposes an integrative-constitutional model linking sources of normative value, the statutory construction of offenses, procedural enforcement, and constitutional review. Its four-stage assessment offers a structured test of legitimate interests, necessity, normative precision, and judicial safeguards without equating statutory codification with the disappearance of religion from law.
The Legal Lacuna Concerning Term Limits for Political Party Chairpersons and the Constitutional Court’s Strategic Options: An Analysis of Constitutional Court Decisions Nos. 194/PUU-XXIII/2025 and 191/PUU-XXIV/2026 Ahmad Yani
Juris Sinergi Journal Vol. 3 No. 2 (2026): Law, Governance, and Contemporary Social Challenges (in progres)
Publisher : Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/jsj.v3i2.192

Abstract

The absence of statutory provisions prescribing maximum term limits for political party chairpersons raises questions concerning the balance between organizational autonomy and the protection of party members’ opportunities to participate in intra-party democracy. This study aims to examine the limits of the Constitutional Court’s intervention in Decisions No. 194/PUU-XXIII/2025 and No. 191/PUU-XXIV/2026 and to assess the explanatory strength of doctrinal, procedural, and strategic accounts of the disposition of both cases. Employing a normative juridical research method, this study adopts statutory, case, and conceptual approaches, supplemented by document-based process tracing. The research materials are analyzed by identifying the Court’s legal reasoning, reconstructing the development of its arguments, and comparing evidence that supports or constrains each explanation. The findings demonstrate that the limits of judicial intervention operate through two distinct pathways. In the 2025 case, the Court recognized the petitioners’ legal standing but rejected the petition on the merits, relying on considerations of political party autonomy, internal regulation through party constitutions and bylaws, and the distinction between the case at hand and precedents concerning professional advocates’ organizations. In the 2026 case, the Court declared the petition inadmissible because the petitioners failed to establish a sufficient nexus between the challenged statutory provisions and their alleged constitutional injury, thereby precluding judicial examination of the merits. These divergent dispositions do not constitute a direct substantive contradiction. The publicly available evidence provides stronger support for doctrinal and procedural explanations than for hypotheses concerning the anticipation of institutional consequences, public support, or the restoration of institutional legitimacy. This study concludes that the identical regulatory outcome, namely the absence of legally prescribed term limits, does not establish the existence of identical strategic motivations. Regulatory reform should therefore focus on establishing minimum standards of intra-party democracy that safeguard open access to candidacy, meaningful participation, accountability, and effective remedies for violations of party members’ rights, while recognizing term limits as one regulatory instrument requiring independent justification.
Reconstruction of Criminal Liability for Blood Trading Practices Based on the Principle of Legal Certainty Nasrullah; Wirandi Dalimunthe; Rizky Azhar Saragih; Indra Kurniyawan; Muhammad Ridwan Lubis
Juris Sinergi Journal Vol. 3 No. 2 (2026): Law, Governance, and Contemporary Social Challenges (in progres)
Publisher : Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/jsj.v3i2.201

Abstract

The practice of buying and selling human blood raises legal issues that extend beyond violations of the prohibition on the commercialisation of human blood. It also concerns legal certainty in the framework of criminal liability and the protection of healthcare service delivery. Although Law No. 17 of 2023 on Health and Law No. 1 of 2023 concerning the Indonesian Criminal Code establish prohibitions and prescribe criminal penalties in relation to such practices, further harmonisation of legal provisions, clarification of the constituent elements of the offence, and consistency in the imposition of sanctions remain necessary. This study aims to analyse the legal framework governing the prohibition of blood trading and to reconstruct a law enforcement model grounded in the principle of legal certainty. The study employs normative juridical research methods, adopting descriptive-analytical and prescriptive approaches. The research encompasses statutory, conceptual, and case-law approaches. Primary legal materials consist of legislation and judicial decisions, while secondary legal materials include books, scholarly journal articles, and relevant legal doctrines. The materials are analysed qualitatively through statutory interpretation and the harmonisation of legal provisions. The findings indicate that the principal challenges in law enforcement arise from potential regulatory overlap, the lack of clear boundaries between the commercial trading of blood and legitimate blood-processing charges, and the need for consistency in determining criminal liability. Accordingly, a reconstruction of the existing legal framework is required through the harmonisation of legal norms, clearer specification of the constituent elements of the offence, strengthened interinstitutional coordination, and the proportionate imposition of criminal sanctions. These measures are essential to establishing a law enforcement system that ensures legal certainty while safeguarding blood donors, patients, and the sustainability of blood transfusion services.

Page 3 of 3 | Total Record : 27

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