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Siber International Journal of Advanced Law
Published by Siber Nusantara Review
ISSN : 29875609     EISSN : 29875595     DOI : https://doi.org/10.38035/sijal.v1i1
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Siber International Journal of Advanced Law (SIJAL) is an open-access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in various government policies and civil rights law, particularly in developed and developing countries. This may include but is not limited to areas such as: Philosophy and Legal Theory; Comparison of Laws; Legal Sociology; International law; Civil law; Business Law; Economic Law; Environmental law; Criminal law; Criminal Law; Constitutional and Administrative Law; Technology, Information and Communication Law; Human Rights Law; Islamic and Family Law; Agrarian Law; Air and Space Law; Customary Institutions Law; Religious Jurisprudence Law; International Regime Law; Governance of Legal Pluralism; And Other sections related to contemporary issues in legal scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 58 Documents
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Alternative Resolution Mechanism in Regional Election Disputes Sukaca
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 3 (2026): Siber International Journal of Advanced Law (January - March 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i3.342

Abstract

This study is motivated by the high intensity of disputes in the implementation of Regional Head Elections (Pilkada) in Indonesia, which frequently generate political conflicts and legal uncertainty. Regulatory changes, particularly through Law Number 10 of 2016, have significantly influenced the enforcement system and dispute resolution mechanisms in Pilkada. This research aims to analyze the model of informal dispute resolution in Pilkada and its role in strengthening the electoral justice system. The study employs a normative juridical method with a descriptive-analytical approach, examining primary, secondary, and tertiary legal materials related to Pilkada dispute resolution. The findings reveal that, in addition to formal judicial mechanisms, there are alternative or informal mechanisms such as unilateral withdrawal, amicable settlement, mediation, and arbitration that function as complementary instruments to the formal system. These mechanisms promote faster and more efficient resolutions while encouraging win–win solutions to prevent political escalation. It is concluded that informal dispute resolution plays a strategic role in reinforcing procedural and substantive justice and in supporting the realization of democratic and fair regional elections.
Factors Influencing Agrarian Reform Policy Implementation: A Case Studi of Dairi Regency, Indonesia Febrian Erikson Situmorang; Sutri Destemi Elsi; M. Wira Anshori; M. Yusuf
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 3 (2026): Siber International Journal of Advanced Law (January - March 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i3.343

Abstract

This study aims to analyze the factors influencing the implementation of agrarian reform policy in Dairi Regency, Indonesia, based on Presidential Regulation Number 62 of 2023. Agrarian reform is a strategic policy designed to address inequality in land ownership and improve community welfare. This research employs a qualitative approach with data collection techniques including in-depth interviews, observation, and documentation. The findings reveal that the implementation of agrarian reform in Dairi Regency has been carried out administratively, particularly through land certification programs as part of asset restructuring. However, the effectiveness of implementation is influenced by several factors, including limited human resources, budget constraints, and suboptimal coordination among implementing agencies. In addition, access reform and land dispute resolution have not been optimally implemented. These findings indicate that the success of agrarian reform policy is not only determined by policy design but also by institutional capacity and the broader context of implementation.
The Urgency Of Providing Restitution As Legal Protection For Victims Of Criminal Acts Implementing Article 178 Of Law No. 20 Of 2025 Concerning The Criminal Procedure Code Edy Sugiarto
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 4 (2026): Siber International Journal of Advanced Law (April - June 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i4.351

Abstract

Development law modern criminal law begins shift from paradigm orientation offender-oriented towards victim-oriented research This motivated by frequent neglected recovery victim's rights in system justice classic, where the victim tends to only become witness passive. Research objectives This is analyze construction normative giving restitution in Article 178 of Law No. 20 of 2025 concerning the Criminal Procedure Code as well as formulate a renewal model criminal procedure law For optimize right The research method used is juridical normative with approach legislation and conceptual. Research results show that Article 178 of the 2025 Criminal Procedure Code strengthens the victim's position with integrate restitution to in the judicial process criminal, giving strength executive, and expanding role apparatus enforcer law. However, its implementation Still hampered by factors administrative and capabilities economy perpetrators. In conclusion, strengthening protection law for victims requires a comprehensive reform model, including integration restitution in every stage justice, implementation justice restorative, formation institution manager restitution special, and utilization technology information to ensure justice substantive for the victims.
Comparison of Online Gambling Legal Regulations Between Indonesia and The United States Nino Gilang Darmawan; MS Tumanggor; Lukman Hakim
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 4 (2026): Siber International Journal of Advanced Law (April - June 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i4.356

Abstract

Gambling in Indonesia has historically been a social ill strictly prohibited by various regulations, such as Article 303 of the Criminal Code, Law No. 7 of 1974, and the Electronic Information and Transactions (ITE) Law. However, a legal dualism currently exists , where gambling is prohibited for moral and religious reasons, while a legal loophole exists through the terms "without permission" and "without rights" in the law. This loophole manifests itself in the legality of business permits for gambling and betting activities (such as casinos, slot machines, and online games ) under KBLI codes 9200 and 92000 through the business licensing system . The regulation of online gambling in Indonesia demonstrates inconsistencies compared to the United States, which strictly enforces regional (state)-based regulations. In Indonesia, there is a contradiction between the spirit of eradicating gambling and the emergence of legal business permits within the standard business classification. Therefore, a special review and regulatory improvement are needed by the government and legislative bodies to close this legal loophole and prevent misuse by irresponsible parties
Criminal Law Policy Regarding Scientific Crime Investigation in Terrorism Crimes Safri HM; Laksanto Utomo; Lukman Hakim
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 4 (2026): Siber International Journal of Advanced Law (April - June 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i4.357

Abstract

Terrorism is one of the legal phenomena that occurs in society, where the acts of terrorism known by the public are basically only around bombings and shootings carried out by perpetrators of terrorist crimes, but in fact the crime of terrorism itself consists of various forms of actions as regulated in Law Number 5 of 2018 concerning the Prevention and Eradication of Criminal Acts of Terrorism Financing. From the terrorism law, the types of roles of perpetrators of terrorist crimes can be identified, both as executors and as financiers, including executors and financiers. Extraordinary efforts are needed in preventing and prosecuting terrorism, one of which is by utilizing SCI ( Scientific Crime Investigation ), which has a broad scope in the use of technology and science, and is currently proven to be able to help various human activities including in maximizing investigative and investigative efforts by the Indonesian National Police. However, the legal regulations related to SCI itself within the scope of criminal procedural law in Indonesia are still quite limited, and do not yet include regulations at the level of statutory regulations such as in the Criminal Procedural Law in Indonesia, so that in this paper will be explained the importance of SCI being included in the Criminal Procedural Law in Indonesia and its use in the investigation and prosecution of criminal acts of terrorism in order to maximize efforts to prevent and prosecute criminal acts of terrorism.
Comparison of Law Enforcement of Narcotics Crimes in Indonesia and Thailand: Regulation and Case Handling Telly Areska Putra; MS Tumanggor; Joko Sriwidodo
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 4 (2026): Siber International Journal of Advanced Law (April - June 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i4.359

Abstract

Narcotics are a global threat that requires comprehensive legal action, particularly in Indonesia and Thailand, as strategic areas for illicit trafficking. This study aims to analyze the comparative regulations, investigative methods, and effectiveness of law enforcement against narcotics crimes in both countries. The research method used is normative juridical with a legislative, conceptual, and analytical approach through secondary data from reports from 2024-2026. The results show that Indonesia maintains a strict policy with the threat of the death penalty but has begun to adopt restorative justice through Law No. 1 of 2023 and Prosecutor's Regulation No. 18 of 2021. In contrast, Thailand has undertaken a radical transformation through the Narcotics Code BE 2564 , which prioritizes public health and the decriminalization of certain substances. In practice, Indonesia excels in specialized investigative techniques, while Thailand is effective in border operations and asset seizures. In conclusion, both countries are transitioning from a punitive approach to a system that better balances legal and health aspects. The success of law enforcement in the future depends heavily on the integration of financial intelligence to impoverish drug lords and the effectiveness of rehabilitation in reducing recidivism rates, given the high number of suspects reaching tens of thousands each year in both regions
Repositioning BPK as a One Gate System for Determining State Losses: A Study of the Constitutional Court's Decision in 2026 Sulistyowati Sulistyowati; Gusti Bintang Maharaja; Siti Fatia Nazela
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 4 (2026): Siber International Journal of Advanced Law (April - June 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i4.364

Abstract

The determination of state losses in corruption cases in Indonesia has historically been a major source of legal uncertainty. This is due to multiple interpretations of authority between audit institutions and law enforcement officials, which often lead to jurisprudential clashes. The Constitutional Court Decision Number 28/PUU-XXIV/2026, handed down in early March 2026, is here to redefine the investigative audit architecture fundamentally. Through this ruling, the Constitutional Court established the Financial Audit Agency (BPK) as the sole authority to calculate, validate, and declare state financial losses in every corruption case. This doctrine is known as the one-gate system. This journal critically examines the BPK's repositioning by analyzing the philosophical foundations of the constitution, the juridical anatomy of the decision, and the paradigmatic consequences for the judicial system and the government bureaucracy. Through a normative juridical analysis supported by an institutional sociological approach, it was found that this decision confirmed corruption as an absolute material crime. In other words, state losses must be actual and real, not just potential. This decision also restores the function of criminal law as the ultimate remedy after administrative mechanisms, such as Claims for Damages, are exhausted. But on the other hand, the monopoly of the interpretation of state losses by one institution actually gives birth to a serious threat in the form of the erosion of the judge's epistemic authority in the courtroom. Judges risk being reduced to a mere stamp of legitimacy for audit figures fabricated outside the judicial system. In addition, the BPK's institutionally limited capacity creates a bottleneck effect, stalling thousands of corruption cases as they await audit results. This study recommends a limited revision of the Law on the Eradication of Corruption Crimes. The revision should not focus on the struggle for the institution's stamp but on establishing a standard methodology for calculating state losses that applies nationally, openly, and accountably. With clear standards, any technical entity can perform the calculations, and the judge again holds sovereignty over the final judgment.
An Islamic Legal Analysis of the Determination of the Mandatory Inheritance Share for a Common-Law Wife When the Deceased Has a Legitimate Wife (A Study of the Muara Bulian Religious Court Decision Number 183/Pdt.G/2023/PA.Mbl) Habibi Abdul Jalil; Mohammad Jamin; Solikhah
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 4 (2026): Siber International Journal of Advanced Law (April - June 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i4.365

Abstract

This study analyzes the validity of mandatory wills for unregistered wives based on Decision Number 183/Pdt.G/2023/PA.Mbl. The background of this study is the existence of inheritance conflicts due to the practice of unregistered marriages that are not registered with the state, which creates uncertainty about inheritance rights for the parties concerned. This study aims to determine the validity of the legal status of mandatory wills for unregistered wives according to Islamic law and Indonesian legislation. This study uses normative legal methods with a statutory and conceptual approach. The results of the study concluded that under positive law and Supreme Court Circular Letter Number 2 of 2019, unregistered wives do not have inheritance rights because their marriages are not registered. However, the judge made a legal breakthrough by granting mandatory wills (a maximum of one-third of the assets) to unregistered wives for the sake of justice for their services in caring for the heir. The implication is that although mandatory wills provide protection for unregistered wives, this policy has the potential to cause economic injustice for legal wives and weaken the legal order of marriage registration and the prevention of unregistered polygamy.

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