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The Digest: Journal of Jurisprudence and legisprudence
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 27460371     DOI : https://doi.org/10.15294/digest
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal is published in Bahasa and English, both print and online versions. The Digest is also intended to be an Indonesian and International forum for discussion and analysis of court decisions. Each issue of The Digest: Journal of Jurisprudence and Legisprudence includes insightful analysis and discussion on court decisions.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 19 Documents
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The Paradox of Law Enforcement: Corporations Escaping Corruption Charges: Study of Decision No. 40/Pid.Sus-TPK/2024/PN Jkt.Pst Ahmad Nur Shadiq; Hasan Akmal Rohmatino
The Digest: Journal of Jurisprudence and Legisprudence Vol. 6 No. 1 (2025): The Digest, June 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v6i2.24235

Abstract

Indonesia, as a country committed to the principle of the rule of law, continues to encounter major obstacles in the enforcement of laws related to corporate corruption. The corporate sector is particularly prone to corrupt practices due to the large scale of financial transactions and the involvement of multiple stakeholders. This research focuses on the Central Jakarta District Court Decision No. 40/Pid.Sus-TPK/2024/PN Jkt.Pst, which concerns allegations of corruption involving five major companies in the crude palm oil (CPO) export sector. In its ruling, the panel of judges declared the defendants not legally accountable (onslag van alle rechtsvervolging), even though their actions were proven to have resulted in state losses of Rp1.6 trillion. The study utilizes a normative juridical method through a legislative and case study approach to analyze the rationale behind the court’s decision and its implications for the enforcement of corporate law. The findings indicate that the judges overlooked both formal and material elements of the offense, which should have been sufficient to establish the occurrence of corruption. This approach creates legal inequality, weakens justice, and provides corporations with room to evade legal accountability. Therefore, comprehensive reform of the criminal justice system is necessary, including strengthening regulations, establishing clear jurisprudence, and enhancing the integrity of judicial institutions to ensure the fair and equal enforcement of the rule of law.
Juridical Implications of the Constitutional Court Decision Number 150/PUU-XXII/2024 on Legal Aid Provision in Indonesia Yuda Hanafi Lubis; Cahya Wulandari
The Digest: Journal of Jurisprudence and Legisprudence Vol. 6 No. 1 (2025): The Digest, June 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v6i1.27462

Abstract

The provision of legal aid is a crucial aspect of law enforcement and access to justice, especially for underprivileged communities. However, the limited number of advocates and their uneven distribution has hindered the effectiveness of legal aid. One potential solution is involving civil servant lecturers (PNS) as advocates, although this was previously obstructed by the provisions in Law Number 18 of 2003 concerning Advocates. The Constitutional Court Decision Number 150/PUU-XXII/2024 granted legal standing for PNS lecturers to become advocates and participate in providing legal aid. This study, using a normative juridical method with a qualitative approach, found significant legal implications, such as the conditional unconstitutionality of two articles in the Advocate Law, the expansion of the definition of “advocate,” and the recognition of PNS lecturers, including government-contracted lecturers (PPPK), as eligible to represent clients in court. Previously, ASN lecturers were restricted from litigating and lacked technical regulations to support such roles. Following this decision, there is a need to harmonize regulations, establish ethical oversight bodies, expand lecturers' community service roles, improve teaching quality, and manage potential conflicts of interest. This study recommends revising the Advocate Law, issuing implementing regulations, strengthening university institutional frameworks, enhancing ministry-level oversight, and conducting public outreach on lecturers’ new role in expanding access to justice.
Criminology Study in Handling Domestic Violence in Sunggal District, Medan City Muhammad Irwansyah; Junaidi Lubis; Mutmainah Nur Qoiri; Leni Indrayani
The Digest: Journal of Jurisprudence and Legisprudence Vol. 6 No. 1 (2025): The Digest, June 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v6i1.27656

Abstract

The case of domestic violence that occurred in Medan Sunggal District, Medan City, is certainly not a new phenomenon in the field of criminology. Along with its development, domestic violence can also be found in various forms of crime, ranging from individual crimes to conventional crimes. The form of domestic violence in criminology research is always related or has a causal relationship with acts of violence. For example, if a husband or wife no longer cares about family life because of the emergence of another ideal figure, communication within the family will decrease. This then triggers excessive suspicion that can lead to domestic violence, such as insulting, mocking, hitting, and so on. The cause of violence, according to positive law, one of which is the existence of a patriarchal culture and the view of society that considers the wife as the property of the husband. Thus, the husband feels fully entitled to his wife and may treat his wife in the way he wants. From an Islamic perspective, this arises due to a lack of piety in individuals, a low understanding of husband-wife relations in the family, and temperamental nature in individuals including committing domestic violence. The effects of criminal acts, especially for those who are victims, are mental disorders. This impact is not only felt by the perpetrators of violence, but also by other family members, especially children. In addition to the effects within the household itself, domestic violence, especially from husband to wife, can also affect the social aspects of life.
Case Study of Judicial Disparity in Corruption Verdicts Involving State Financial Losses Justika Hairani; Anis Widyawati
The Digest: Journal of Jurisprudence and Legisprudence Vol. 6 No. 1 (2025): The Digest, June 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v6i1.28432

Abstract

Judicial independence ensures that judges remain free from external influence and possess full discretion in determining the severity or leniency of a sentence. However, this independence can also result in sentencing disparity, particularly in corruption cases that involve state financial losses. Sentencing disparity refers to the inconsistent imposition of punishment for similar offenses under comparable circumstances, which undermines legal certainty and justice. In Indonesia, such disparity is often justified under the pretext of judicial independence, even though it contradicts the principle of equality before the law. The inconsistency in sentencing, especially for corruption cases under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, raises concern over the absence of clear sentencing guidelines. This research aims to examine the relationship between judicial independence and sentencing disparity in corruption cases, particularly focusing on the need for standardized sentencing mechanisms. Using normative legal research methods, this study analyzes primary, secondary, and tertiary legal materials through a literature review, supported by case decisions sourced from the Supreme Court’s database. The findings indicate that although judges are mandated to uphold justice, legal certainty, and utility, the lack of clear sentencing standards contributes to disparities in rulings. Therefore, the implementation of sentencing guidelines and reliance on jurisprudence are necessary to balance judicial independence with fairness and consistency in criminal sentencing, especially for corruption crimes.
Redesign of The Presidential Threshold System Following The Constitutional Court Decision Number 62/PUU-XXII/2024 Arifudin, Arifudin; Susi Dian Rahayu
The Digest: Journal of Jurisprudence and Legisprudence Vol. 6 No. 1 (2025): The Digest, June 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v6i1.29019

Abstract

Since the 2004 elections, Indonesia has implemented a presidential threshold system for nominating the president and vice president. This system requires a political party or coalition to receive a certain percentage of nationally valid votes or acquire a certain number of seats in the DPR in order to nominate a presidential candidate. However, this system's implementation is considered one of the causes of the strengthening of oligarchic practices among political party elites, as well as a deviation from the democratic values of the Indonesian state philosophy, or Pancasila. In January 2025, however, the Constitutional Court canceled the presidential threshold policy for the nomination of the president and vice president through Decision Number 62/PUU-XXII/2024. This research discusses the redesign of the presidential threshold following this decision. The study employs a qualitative approach and draws on Pippa Norris's theory of political recruitment and Wriggs's concept of legal prismatics. This study concludes that the presidential threshold system requires conceptual reform so that it is guided not only by the quantity of valid votes or seats acquired by political parties, but also by considerations of the quality of democracy in presidential and vice presidential elections based on the principles of the Indonesian state philosophy, or pancasila. Thus, the presidential threshold system must be reformed using the concept of legal prismatics.
Justice for Child Victims of Violence in the Pesantren Environment (Study of Decision Number 5642 K/Pid.Sus/2022): Keadilan bagi Anak Korban Kekerasan di Lingkungan Pesantren (Studi atas Putusan Nomor 5642 K/Pid.Sus/2022) Cahya Wulandari; Sukadari Sukadari; Winarsih, Winarsih; Chanidia Ari Rahmayani
The Digest: Journal of Jurisprudence and Legisprudence Vol. 6 No. 2 (2025): The Digest, December 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v6i2.33563

Abstract

Violence against children in educational environment, including Islamic boarding schools, is a serious issue with long-term impacts on children's physical, psychological, and social development. Forms of violence include physical, psychological, sexual, and bullying, which, although often unseen, can cause trauma, mental disorders, decreased academic performance, and even deviant behavior in the future. This research aims to analyze efforts to prevent violence against children in Islamic boarding schools based on child protection policies, and to examine fair law enforcement through a study of Supreme Court Decision Number 5642 K/Pid.Sus/2022. The method used is empirical legal, combining the analysis of legislation with field facts. The research findings indicate that preventing violence requires synergy between the government, pesantren caretakers, families, and society through legal socialization, fostering a safe environment, enhancing educators' capacity, and providing reporting mechanisms such as the Bullying Box. A legal analysis of Supreme Court Decision No. 5642 K/Pid.Sus/2022 revealed that the defendant, an educator, was found guilty of repeated sexual violence against 12 underage female students and sentenced to death. This decision affirms the application of the principle of the best interest of the child through the awarding of restitution, the handover of the victim baby's custody to the local government, and the prohibition of victim blaming. Law enforcement in this case combines legal certainty, utility, and justice, not only punishing the perpetrator but also restoring the victim, providing a deterrent effect, and strengthening the commitment to child protection in religious-based educational environments.
Corporate Compliance with Acquisition Notification Obligations to the KPPU: A Legal Review of Article 29 of Law No. 5 of 1999 (Case Study of TikTok Nusantara – Tokopedia) Aslamiyah, Mujadiddah; Falah, Nabilah; Gunawan, M Safaat; Paqih, Ibnu
The Digest: Journal of Jurisprudence and Legisprudence Vol. 6 No. 2 (2025): The Digest, December 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v6i2.36760

Abstract

The notification of a company acquisition based on Article 29 of Law No. 5 of 1999 concerning Prohibition of Monopoly and Unfair Business Competition is an obligation that must be fulfilled by business actors. In January 2024, TikTok Nusantara (SG) Pte. Ltd acquired shares in the company PT Tokopedia, Tbk, which resulted in an obligation to report or notify the Business Competition Supervisory Commission (KPPU) of the purchased shares. However, based on KPPU Decision Number 02/KPPU-M/2025, there was a delay in notification from TikTok Nusantara (SG) Pte. Ltd as the acquiring party to the KPPU. The cross-border transaction involving the Big Tech entity resulted in administrative sanctions in the decision. However, in its defense as mentioned in the decision, the acquiring party stated that it had submitted a post-acquisition notification, but the reporting party was its parent company, TikTok Pte. Ltd, so the KPPU considered that there was a violation related to the legal entity obliged to submit the notification, particularly in the context of using a foreign Special Purpose Vehicle (SPV) as the acquiring entity. The main issue lies in the ambiguity of the identity of the party considered to be the acquiring party’s legal entity, and the effective time of the transaction used as the basis for calculating the notification deadline. This study uses a normative juridical method with a case approach to KPPU Decision Number 02/KPPU-M/2025. The unclear legal status of SPVs in multinational corporate structures has the potential to create legal uncertainty and hamper the effectiveness of market concentration supervision in the digital sector.
Judicial Pardon as a Humanizing Approach to Criminal Sentencing: Reconstructing Judicial Decisions under the New Indonesian Criminal Code: Pengampunan Hukum sebagai Pendekatan Humanis dalam Penetapan Hukuman Pidana: Rekonstruksi Keputusan Peradilan di Bawah Kitab Undang-Undang Hukum Pidana Indonesia yang Baru Rohadhatul Aisy
The Digest: Journal of Jurisprudence and Legisprudence Vol. 6 No. 2 (2025): The Digest, December 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v6i2.37174

Abstract

The reform of Indonesia’s criminal law through Law Number 1 of 2023 marks a major shift in the nation’s sentencing philosophy, most notably through the introduction of judicial pardon (rechterlijk pardon). This mechanism authorizes judges to declare a defendant guilty while refraining from imposing punishment when strong humanitarian grounds and proportionality considerations justify such an outcome. This article examines the normative foundations, theoretical frameworks, and implications of this concept for the reconstruction of criminal judgments in Indonesia. Using a normative juridical research method with statutory, conceptual, and comparative approaches, the study analyzes how Articles 51–54 of the new Criminal Code reorient punishment away from a purely retributive model toward a more restorative and humanistic paradigm. The findings demonstrate that judicial pardon addresses a long-standing procedural gap that previously limited judges’ ability to avoid disproportionate punishment, particularly in minor cases involving vulnerable offenders. This article also proposes a structured model for judicial pardon decisions to ensure consistent, transparent, and harmonized application with the forthcoming Criminal Procedure Code. Overall, the study argues that judicial pardon is not merely an additional judicial discretion but a key component of a broader paradigmatic shift toward a more just, contextual, and socially responsive sentencing system.
Constitutional Court Decision No 169/Puu-Xxii/2024 and Efforts to Mainstream Gender in Political Representation on Parliament: Keputusan Mahkamah Konstitusi Nomor 169/Puu-XXII/2024 dan Upaya Pengarusutamaan Gender dalam Perwakilan Politik di Parlemen Rahayu, Susi Dian; Arifudin Arifudin
The Digest: Journal of Jurisprudence and Legisprudence Vol. 6 No. 2 (2025): The Digest, December 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v6i2.37338

Abstract

Constitutional Court Decision Number 169/PUU-XXII/2024 is a new chapter in the struggle for gender mainstreaming in Indonesia through a legal approach. This study aims to analyse the significance of this decision as a progressive legal instrument to promote gender equality in legislative institutions. The research method uses normative juridice research. The findings reveal that this decision reconstructs the MD3 Law with two major breakthroughs: first, it reinforces the phrase ‘prioritising women's representation’ at the leadership level of the Council's Organs as an imperative command; second, it requires the proportional distribution of female members throughout the Council's Organs based on the principles of balance and equity. The implications of this ruling structurally transform the political landscape of parliament by preventing the domestication of women and opening up access to participation in all policy areas. 

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