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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 34 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.

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