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INDONESIA
Jurnal Dinamika Hukum
Published by Universitas Jenderal Soedirman
ISSN : 14100797     EISSN : 24076562     DOI : https://doi.org/10.20884/1.jdh.2024.24.3.15563
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Since its establishment in 1996, JDH has published normative legal research and socio-legal articles with a multidisciplinary approach. However, starting from Vol. 25 No. 1 (2025), JDH has focused on public law studies, covering the areas of criminal law, constitutional law, international law, environmental law, and health law. This specific focus aims to ensure consistency in publication quality. Therefore, each edition of JDH publishes only 5–7 articles.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 39 Documents
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Judicial Pardon after the New Criminal Procedure Code: Procedural Operationalization in Indonesia’s Criminal Justice Reform Patrick Corputty; Pujiyono Pujiyono; Irma Cahyaningtyas
Jurnal Dinamika Hukum Vol 26 No 2 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.2.17704

Abstract

Judicial pardon is an important innovation in Indonesia’s 2023 Criminal Code because it allows judges to declare a defendant guilty while refraining from imposing punishment or measures. This article examines judicial pardon as a form of judicial discretion oriented toward proportionality, substantive justice, and the humanization of punishment, while also analysing its procedural operationalization after the enactment of the New Criminal Procedure Code of 2025. Using doctrinal legal research with statutory, conceptual, case, and comparative approaches, this article compares analogous mechanisms in the Netherlands, England and Wales, and France. The findings show that the New Criminal Procedure Code has formally recognized judicial pardon as a distinct form of court decision and allows legal remedies against it. However, its implementation still requires clearer procedural safeguards, particularly concerning eligibility requirements, stages of examination, victim participation, the duty to give reasons, judgment format, review mechanisms, and oversight. Comparative experience shows that discretion not to impose punishment can operate effectively only when embedded in a transparent, participatory, reasoned, and reviewable procedure. This article argues that a Supreme Court Regulation, as mandated by Article 246(4) of the New Criminal Procedure Code, is necessary to operationalize judicial pardon in a fair, proportionate, accountable, and legally certain manner.
The Right to Remain Silent vs. Defendant Statements: Examining Indonesia's New Criminal Procedure Code Dede Kania; Tia Ludiana; Agi Attaubah Hidayat
Jurnal Dinamika Hukum Vol 26 No 2 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.2.17777

Abstract

Article 142 of the New Criminal Procedure Code introduces the right to remain silent, yet it conflicts with Article 235, which continues to recognize defendant statements as valid evidence. This normative discrepancy creates legal uncertainty regarding the protection of suspects' and defendants' rights during the evidentiary process in Indonesia's judicial system. The aim of this research is to examine the existence of Defendant Statements in Indonesia's New Criminal Procedure Code in light of the Right to Remain Silent principle. The research adopts a normative legal method supported by a comparative approach in the United States of America and the Netherlands. It analyzes statutory provisions and compares them with legal systems that firmly uphold the privilege against self-incrimination. The findings demonstrate a clear contradiction between Article 142, which guarantees the Right to Remain Silent, and Article 235, which still recognizes Defendant Statements as valid evidence. This inconsistency creates legal uncertainty and undermines the effective protection of suspects’ and defendants’ rights during the evidentiary process from a critical perspective, suggesting that New Criminal Procedure Code has not fully embraced the principle of due process. It also creates the potential for abuse of power, particularly in practices that pressure defendants into providing statements. This study, therefore, proposes harmonising Articles 142 and 235 to ensure coherence between human rights principles and evidentiary mechanisms. The study contributes to this by offering a doctrinal and comparative framework to reinforce the implementation of the non-self-incrimination principle within Indonesia's criminal justice system.
Digital Transformation of Land Certificates in Combating Land Mafia: A Socio-Legal and Empirical Study in Indonesia Muhammad Yasir; Gunawan Hadi Purwanto
Jurnal Dinamika Hukum Vol 26 No 2 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.2.17809

Abstract

The implementation of electronic land certificates is a fundamental component of the digital transformation of land administration in Indonesia, aimed at increasing transparency, efficiency, and legal certainty. While previous studies often view electronic certificates as merely administrative tools, this study addresses a critical gap by analyzing their socio-legal implications and legal effectiveness in combating land mafia practices. Employing empirical legal research methods with a socio-legal approach, this study leverages in-depth interviews with the Bojonegoro Agrarian Office, law enforcement officers, and rural communities in East Java, as well as field observations. Empirical findings indicate that digitalization has resulted in significant improvements in administrative efficiency, reducing certificate issuance times by approximately 50% and measurably reducing document forgery disputes by 30% between 2022 and 2024. However, digitalization has proven only partially effective: rather than eliminating agrarian crimes, it has altered their modus operandi, creating new vulnerabilities to internal database manipulation and systemic bureaucratic collusion. Furthermore, a structural digital divide and persistent low public trust among rural and elderly demographics critically hinder the program's universal success. This manuscript contributes to the international scholarly discourse on digital land governance by demonstrating that, in developing countries, technological modernization must be strictly accompanied by institutional integrity, strict bureaucratic oversight, and socio-legal inclusiveness to achieve substantive legal certainty.
Eliminating Sectoral Ego in Law Enforcement: Integrating Whistleblowing Systems for Corruption Eradication in the Indonesian Judicial System Selamat Widodo; Astika Nurul Hidayah; Ika Ariani Kartini; Kiki Kristanto
Jurnal Dinamika Hukum Vol 26 No 2 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.2.19145

Abstract

Corruption in Indonesia's judicial system remains a persistent structural problem, exacerbated by sectoral egos among law enforcement agencies and the fragmentation of existing mechanisms for reporting violations. Currently, the reporting system is not implemented in an integrated manner, thereby weakening coordination, undermining legal protection for whistleblowers, and creating procedural loopholes that facilitate impunity. This study aims to analyse the urgency of integrating the violation reporting system among law enforcement agencies as a strategic tool to eradicate corruption in the judicial system. Using a normative legal research methodology with a conceptual approach, this study combines a sociological-legal approach with empirical data from corruption case reports, institutional policies, and secondary data from anti-corruption agency reports from year to year. Although each law enforcement institution in the criminal justice system has its own whistleblowing mechanism, these remain fragmented, so integration is needed to enable mutual oversight, overlapping authority, and weak coordination between agencies, which reduces the effectiveness of corruption detection and eradication. An integrated reporting system, supported by comprehensive regulations and adequate whistleblower protection mechanisms, can improve transparency, accountability, and inter-agency coordination. This study concludes that eliminating sectoral egos through regulatory harmonisation and digital integration of reporting systems is a prerequisite for sustainable judicial reform. It is recommended that the government establish a centralised and interoperable reporting system.
The Legal Policy of Halal Certification: Institutional Compromise and Religious Values in Halal Product Assurance Law Septi Nur Wijayanti; Yusep Rafiqi; Amare Amodia Widiasmara; Jihan Kamila Rahmah
Jurnal Dinamika Hukum Vol 26 No 3 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.3.19324

Abstract

This article explores the legal question of how Indonesia's halal certification framework integrates religious standards into the state legal system while balancing constitutional values, administrative management, and economic considerations. It analyzes the political formation of Indonesia’s halal certification regime and identifies the institutional compromises and distribution of authority underlying its regulatory framework, using statutory, conceptual, and historical approaches. Data were analyzed qualitatively through legislative drafts, parliamentary debates, academic manuscripts, relevant legislation, and institutional documents. The results demonstrate that the government, especially the Indonesian Ulema Council, the Halal Product Assurance Organizing Agency, the Halal Inspection Institutions, pertinent ministries, and economic parties, negotiated the regime. The main compromise keeps administrative and religious authority apart: the Institutions perform halal inspections, the Agency organizes and manages halal product assurance, and the Council continues to play a major role in determining halal status through religious fatwas. This approach creates a hybrid regulatory model in which religious authority is not used as an independent regulating body but is instead institutionally integrated into a state-run certification system. According to the study's findings, this approach offers a constitutional way to accommodate religious beliefs without turning Indonesia's multicultural legal system into a legally religious one. To improve legal certainty and the efficacy of halal certification, it suggests enhancing inter-institutional collaboration, defining authority limits, and guaranteeing transparent and accountable procedures.
Redesigning State Liability in Healthcare Provision: A Comparative Legal Framework of Indonesia, Malaysia, and the Netherlands Noorzatil Hasanah; Slamet Suhartono; Yovita Arie Mangesti
Jurnal Dinamika Hukum Vol 26 No 3 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.3.19609

Abstract

While the right to healthcare is recognized as an internationally binding obligation, existing legal frameworks often fail to translate state duties into enforceable legal liability when healthcare facility delivery collapses. To address this critical enforcement gap, this study proposes a novel legal framework to redesign state liability in healthcare provision, establishing how state responsibility should be structurally reconfigured in Indonesia through a comparative synthesis with Malaysia and the Netherlands. Utilizing a normative juridical method with conceptual and comparative approaches, this research analyzes how distinct legal traditions shape state legal accountability. The findings reveal that Indonesia relies on an explicit constitutional entitlement with a direct administrative-fault model, which currently suffers from enforcement bottlenecks and budgetary retrogressions. Conversely, Malaysia operates under an implicit statutory right managed through an operational vicarious liability model, limiting state claims strictly to civil torts within public facilities. Meanwhile, the Netherlands adopts an instructional social-right approach implemented through a supervisory-systemic regulatory model, where the state acts strictly as a system guardian within a managed competition framework. By synthesizing these divergent systems, this study reconstructs a balanced state liability model for Indonesia that integrates direct constitutional mandates, operational vicarious compensation, and independent supervisory enforcement. Ultimately, this redesigned framework offers a transformative legal blueprint to strengthen judicial enforceability and guarantee equitable access to healthcare facilities.
Disharmony in Law Enforcement: Repressive Actions by Officers and Weakening of the Press Law Fajar Bahruddin Achmad; Riris Ardhanariswari
Jurnal Dinamika Hukum Vol 26 No 3 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.3.20473

Abstract

Repressive actions by law enforcement officers against the press is an issue that has persisted in Indonesia, raising serious concerns about the state of journalistic freedom in the country. Legal protections for journalists, as stipulated in the Press Law, have not provided adequate security, and the press, which embodies the sovereignty of the people, has not achieved the freedom and independence it was promised after the Reformation. This trajectory signals a broader and troubling decline in democracy. Serving as the eyes, ears, and voice of the people, the press faces mounting pressure in carrying out its journalistic work, a pressure made worse by the numerous cases of violence originating from the police, the very pillar of law enforcement. Therefore, this study examines applicable laws and regulations on the issue, using a normative juridical approach. Addressing the disharmony between police duties and press rights requires a shared perception of the Press Law. This study makes three recommendations. First, Article 8 of the Press Law should be amended. Second, the Indonesian National Police should issue a regulation of the Chief of the Indonesian National Police governing the authority of police officers in relation to journalistic activities. Third, the Press Council should take an active role in advocating for journalists whose press freedom is restricted
Anti-Corruption Governance through Nurcholish Madjid’s Perspective: Moral, Social, and Digital Reform Tinuk Dwi Cahyani; Muhamad Sayuti Hassan; Grace Emmanuel Kaka; Yaoyao Li; Farhan Alif Ujilast
Jurnal Dinamika Hukum Vol 26 No 3 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.3.20748

Abstract

Corruption poses a persistent challenge to effective governance because it undermines public trust, institutional accountability, and moral integrity. However, anti-corruption efforts that emphasize administrative and technological mechanisms may remain ineffective without support from ethical leadership and participatory social norms. This study examines how Nurcholish Madjid’s humanistic and modernist perspective can inform anti-corruption governance by integrating moral reform, community-based social control, ethical leadership, and digital transparency. Madjid was a prominent Indonesian Muslim intellectual who championed modernist ideas and authored influential works on religion, modernity, morality, and socio-political issues; his thought continues to attract the attention of scholars and activists today. Employing a qualitative research design, the study combines a literature analysis of Madjid’s major works with empirical data from a Focus Group Discussion involving local government representatives, village heads, and Islamic organization representatives, focusing on experiences in Sisir Subdistrict and Bulukerto Village. The findings indicate that digital governance mechanisms can strengthen transparency and accountability, but their effectiveness depends on moral integrity, community participation, and institutional commitment. The experiences of Sisir Subdistrict and Bulukerto Village illustrate different dimensions of this relationship: digital system integration supports administrative transparency, while community involvement strengthens social oversight. The study contributes to anti-corruption scholarship by demonstrating how moral and social dimensions can complement digital governance mechanisms within local institutional contexts. Practically, the findings suggest that sustainable anti-corruption policies should integrate ethical leadership, civic participation, community oversight, and digital accountability rather than relying on technological solutions alone.
State Financial Loss and Environmental Damage in Natural Resource Corruption: Reconstructing Liability, Valuation, and Recovery Achmad Cholidin; Zico Junius Fernando; Arimbi Fajari Furqon
Jurnal Dinamika Hukum Vol 26 No 3 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.3.21351

Abstract

Natural resource corruption in Indonesia exposes a structural weakness in the way criminal law understands loss. Conventional corruption doctrine has treated state financial loss mainly as a fiscal, accounting, or budgetary deficit, while environmental law treats ecological damage as harm to public environmental functions, ecosystem services, and intergenerational welfare. This article examines how state financial loss and environmental damage should be distinguished, connected, and reconstructed in corruption cases involving mining, forestry, plantation, and other extractive sectors. Using normative legal research with statutory, conceptual, case, and reform-oriented approaches, this article analyses Indonesian anti-corruption law, environmental law, the 2023 Criminal Code, Constitutional Court doctrine on actual loss, environmental loss valuation, and selected corruption cases involving ecological damage. The article argues that environmental damage should not be mechanically absorbed into state financial loss, because each concept has a different legal function. Nevertheless, in natural resource corruption, ecological damage can become legally relevant to corruption liability when it is proven as a consequence of unlawful allocation, abusive licensing, illegal enrichment, or the state’s future restoration burden. The article proposes a legal reconstruction based on functional integration rather than conceptual merger: environmental damage should not automatically be classified as state financial loss, but may become legally relevant to natural resource corruption through a structured sequence of liability, causality, ecological valuation, and recovery. By separating these stages, the proposed model preserves the principle of legality while enabling scientifically established ecological harm to inform criminal liability, monetary valuation, restoration, and asset recovery in a legally disciplined manner.

Page 4 of 4 | Total Record : 39

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