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INDONESIA
HORIZON PUBLIC LEGAL STUDIES
Published by Universitas Muslim Indonesia
ISSN : -     EISSN : 30906342     DOI : https://doi.org/10.56087/hegels
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HORIZON PUBLIC LEGAL STUDIES is an open-access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not limited to various fields such as: civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, and another section related to contemporary issues in legal scholarship
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Articles 50 Documents
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When Veto Power Defeats Humanity: The United States' Role in Blocking the Palestinian Resolution at the UN Bayu Wijaya; Satrih Hasyim; Arfah Tjolleng
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/b1566d90

Abstract

This study aims to analyze the use of the United States veto power as an obstacle to the adoption of humanitarian resolutions concerning Palestine and to examine its implications for the effectiveness of the collective security system in international law. The research employs a normative legal method using conceptual and case approaches through library research of official documents and relevant scholarly literature. The novelty of this study lies in positioning the veto power as a structural barrier within international decision-making mechanisms rather than merely a foreign policy instrument. The findings reveal that the consistent use of veto in the Palestine issue has hindered the adoption of binding resolutions, weakened collective political pressure, and limited the effectiveness of civilian protection in situations of armed conflict. This condition creates tension between the formal legitimacy of the veto mechanism and the normative objective of humanitarian protection in the international system. The study concludes that the dominance of political interests in the use of veto contributes to a gap between international legal norms and their implementation, thereby requiring stronger global commitment to prioritize humanitarian protection in international decision-making processes.
Artificial Intelligence and the Data Protection Crisis: When the Absent State Faces the Threat of Personal Data Abuse Afdal Mubarak; Andi Sri Amlinawaty Muin; Aan Aswari
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/gqmys196

Abstract

This study aims to find out and analyze the adequacy of laws and regulations in Indonesia in regulating the use of artificial intelligence technology (Artificial Intelligence) that accesses and processes people's personal data. And knowing and formulating the necessary legal remedies to close the regulatory gap for the prevention of the misuse of artificial intelligence (A.I.) on personal data.This research is a normative law research with a legislative and conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed prescriptively to explain the applicable legal provisions and provide normative arguments and recommendations. The results of this study indicate that laws and regulations in Indonesia do not specifically regulate the use of Artificial Intelligence that accesses people's personal data. Although the Personal Data Protection Law has provided a legal basis, there is no specific regulation that regulates the characteristics of AI, so the existing regulations are not fully adequate. As well as the legal measures needed to close the regulatory gap to prevent the misuse of personal data, namely, the establishment of the Artificial Intelligence Law, the strengthening and harmonization of existing laws and regulations, the improvement of digital forensic technology, the strengthening of transparency and accountability obligations of AI system operators. As well as strengthening the supervision and law enforcement mechanism
Impoverishing Corruptors or Just a Slogan? The Disparity in Asset Confiscation Policies Between Indonesia and Singapore Andi Reski Tenripada Mannan; Muhammad Fachri Said; Moch Andry Wikra Wardhana Mamonto
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/3s1hsn32

Abstract

This study aims to analyze and compare criminal law policies related to the confiscation of assets resulting from corruption in Indonesia and Singapore, and to identify obstacles and solutions that can be implemented in Indonesia. The method used is normative legal research with a comparative approach, through a review of laws and regulations, doctrines, and legal practices in both countries. The results of the study indicate that Indonesia still faces a legal vacuum because it does not yet have a comprehensive Non-Conviction Based (NCB) Asset Forfeiture regulation, in contrast to Singapore, which has implemented it effectively through the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (CDSA) since 1992. In addition, there are four main obstacles in Indonesia, namely the non-passage of the Asset Forfeiture Bill, the absence of a mechanism for reversing the burden of proof, regulatory fragmentation, and weak coordination between law enforcement agencies. Based on these findings, this study recommends accelerating the ratification of the Asset Forfeiture Bill, harmonizing regulations, strengthening institutional independence, and adapting best practices from Singapore into the national legal system
Cyberlaundering sebagai Evolusi Pencucian Uang: Keterbatasan Konsep Pertanggungjawaban Pidana di Era Digital Muhammad Imam Fakhri; Muhammad Kamal Hidjaz; Andi Istiqlaal Assaad
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/k8sa7f51

Abstract

This study aims to analyze the legal regulation of money laundering through digital technology (cyberlaundering) in the Indonesian legal system, as well as the forms and basis of criminal liability for perpetrators. This study uses a normative legal research method with a legislative, conceptual, case, and comparative approach. The legal materials used include primary, secondary, and tertiary legal materials obtained through literature and documentation studies, which are then analyzed qualitatively to interpret legal norms related to cyberlaundering. The results of the study show that cyberlaundering is not specifically regulated in any single regulation, but can be prosecuted under criminal provisions on money laundering and technology-neutral electronic transaction regulations. The Financial Transaction Reports and Analysis Center plays an important role in detecting suspicious digital-based financial transactions. Criminal liability can be imposed on individuals and corporations with the support of electronic evidence. However, there are still weaknesses related to the classification of digital assets, procedures for seizing virtual assets, and the regulation of technological entities such as smart contracts and DAOs, so legal reforms that are more adaptive to developments in digital technology are needed.
When the Law is Blunt to the Perpetrator: A Critique of the Criminal Provisions for Physical Violence against Wives and the Weak Protection of Victims Ardelia Rahmadani; Sutiawati Sutiawati; Muhammad Adnan Lira
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/whfc8q26

Abstract

This study aims to analyze the criminal law provisions governing the crime of physical violence against wives within the household and to assess the extent to which legal protection for victims has been implemented from a victim-oriented perspective. The research method used is normative juridical legal research with statutory and conceptual approaches. The legal materials used consist of primary, secondary, and tertiary legal materials, which are analyzed using a qualitative descriptive method. The results of the study indicate that the criminal law provisions in Indonesia regulating physical violence against wives in the household are stipulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence, which provides special protection for victims and establishes criminal sanctions for perpetrators of violence. Legal protection for victims of physical violence against wives in the household is carried out through preventive and repressive measures. Preventive protection is implemented by strengthening social networks, understanding local cultural wisdom and religious values, and reinforcing the economic foundations of the family. Meanwhile, repressive protection is provided through temporary protection and protection based on court orders. This study recommends that the government and law enforcement officials optimize the implementation of criminal provisions stipulated in legislation, particularly by strengthening victim protection mechanisms, legal assistance, and psychological and social recovery. In addition, increased coordination among relevant institutions, legal awareness campaigns for the community, and more effective supervision in the law enforcement process are needed to ensure that victims receive maximum protection and that perpetrators receive sanctions that create a deterrent effect.
Catching the Perpetrators of Dangerous Cosmetics: Between Intention and Absolute Responsibility Darmawanto Darmawanto; Muhammad Rinaldy Bima; Muhammad Fauzi Ramadhan
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/dgw72n11

Abstract

The circulation of illegal cosmetics containing hazardous substances represents a serious issue that not only threatens public health but also reflects the inadequacy of criminal liability enforcement against business actors. This study aims to analyze the regulatory framework governing criminal liability for illegal cosmetic business actors and to examine the elements of criminal responsibility in judicial practice. This research employs a normative juridical method with statutory, conceptual, and case approaches. The novelty of this study lies in integrating classical criminal liability concepts with strict liability principles within the modern consumer protection framework. The findings reveal that although the criminal regulatory framework is comprehensive and layered, its implementation still faces challenges, particularly in proving fault elements and ensuring effective law enforcement. Judicial practices also demonstrate a tendency to apply the lex specialis principle and implicitly recognize strict liability to enhance consumer protection. This study concludes that strengthening a consumer-oriented criminal liability paradigm and improving institutional coordination are essential to suppress the proliferation of hazardous illegal cosmetics.
Threatening Public Trust: The Crimes of Counterfeiting and Circulating Counterfeit Currency Sri Hasrina; Syawal Amirul Syah; Awaluddin Yasir; Indah Sari Palinrungi; Kristianto Riki
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/0ssj0604

Abstract

The criminal offenses of currency counterfeiting and the circulation of counterfeit money constitute serious crimes that threaten the stability of the monetary system, cause financial losses to society, and undermine public confidence in currency as a lawful means of payment. Therefore, effective law enforcement through the proper application of criminal law is essential to combat such offenses. This study aims to analyze the application of criminal law to the offenses of currency counterfeiting and the circulation of counterfeit money, as well as to examine the legal reasoning adopted by the judges in Decision Number 135/Pid.B/2016/PN.Tsm. This research employs a normative legal research method using both the statute approach and case approach. The legal materials consist of primary, secondary, and tertiary legal sources, which were analyzed qualitatively. The findings indicate that the panel of judges applied Article 245 of the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana), concluding that the defendant had intentionally circulated counterfeit currency while knowingly recognizing it as counterfeit. However, the judges' legal reasoning did not comprehensively address the possible application of the doctrine of a continuing offense voortgezette handeling under Article 64 of the Indonesian Criminal Code. Furthermore, offenses relating to currency have been more specifically regulated under Law Number 7 of 2011 on Currency, which provides a more comprehensive legal framework for safeguarding the national monetary system and protecting the integrity of the Indonesian Rupiah. This study concludes that the judges' legal reasoning primarily focused on establishing the constituent elements of the offense without comprehensively examining the legal characterization of the series of acts committed by the defendants based on the facts established during the trial. Furthermore, in cases involving currency counterfeiting and the circulation of counterfeit money, judges should also take into account the broader objectives of sentencing, including social defence, crime deterrence, and the protection of the stability of the national monetary system. A more comprehensive judicial analysis of these aspects is essential to ensure legal certainty, consistency in the application of criminal law, and effective protection of the public interest.
Implementation of Decentralization Principles in Constitutional Law: Challenges and Opportunities in the Era of Regional Autonomy Muhammad Khaidir Kahfi Natsir; Eren Arif Budiman
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/yym78m20

Abstract

Decentralization is an important instrument in the administration of regional government because it provides local governments with greater authority to manage governmental affairs in accordance with the needs and characteristics of local communities while encouraging increased public participation in governance processes. However, its implementation continues to face various challenges, particularly limited human resource capacity among regional government officials, unclear distribution of authority between the central and regional governments, weak inter-institutional coordination, low levels of transparency and accountability in budget management, and disparities in development among regions. This study employs a normative juridical research method. It argues that the effectiveness of decentralization is not determined solely by the delegation of authority to regional governments, but also depends on institutional capacity, clarity in the distribution of authority, effective supervision, and public participation in the administration of government. The findings indicate that strengthening the capacity of regional governments, increasing public participation, promoting innovation in public services, enhancing coordination between the central and regional governments, and improving transparency and accountability are essential measures for optimizing the implementation of decentralization. By strengthening these aspects, decentralization can contribute to more effective, responsive, and democratic regional governance that is oriented toward improving the quality of public services and enhancing community welfare.
Between Testamentary Freedom and Heirs’ Rights: Questioning the State’s Legal Policy on Legitime Portie Protection in Indonesia Annisa Ayu Pratiwi; Inda Sari Palinrungi
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/jd5n0b08

Abstract

Inheritance law plays an important role in ensuring legal certainty in the transfer of rights over an estate while simultaneously protecting the interests of heirs. In practice, a will serves as an instrument that enables a person to determine the disposition of their property after death. Problems arise when testamentary freedom potentially reduces or even eliminates the legally protected reserved portion belonging to certain heirs. This situation creates tension between the principle of testamentary freedom and the principle of protecting heirs’ rights. This study employs a normative juridical method using statutory and conceptual approaches. It argues that testamentary freedom cannot be regarded as an absolute right but must be understood within the framework of legal protection for the legitieme portie as a limitation on the testator’s individual autonomy. The findings show that a will retains legal standing as an expression of the testator’s final wishes, but its enforceability is limited when its provisions diminish the protected reserved portion of the heirs. In such circumstances, disadvantaged heirs have a legal basis to seek reduction (inkorting) of testamentary dispositions that exceed the portion lawfully available for disposition. These findings demonstrate that inheritance law places wills and legitieme portie in a mutually limiting relationship, thereby recognizing testamentary freedom without eliminating the protection of heirs’ reserved rights. Accordingly, the protection of legitieme portie reflects an effort to maintain a balance between the testator’s autonomy and fairness for heirs within the system of civil inheritance law.
Interpreting Non-Derogable Rights in Indonesia’s Human Rights Protection Framework Fatma Faisal; Muslimah Muslimah
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/hks1ev09

Abstract

Human rights constitute one of the fundamental foundations of the rule of law, placing the protection of fundamental rights as an essential element in the administration of the state. Within the human rights protection framework, certain rights possess a special character because they may not be diminished under any circumstances. The problem arises when the protection of such rights intersects with the state's authority to impose limitations on human rights, particularly under circumstances that may justify restrictions or derogation. This situation raises questions concerning the scope of protection afforded to non-derogable rights and the relationship between the principle of non-derogable rights and the state's authority to limit human rights. This research employs a normative legal research method using statutory, conceptual, and comparative approaches. This study argues that non-derogable rights must be recognized as a category of rights receiving special constitutional protection and, therefore, cannot be subjected to reduction through general limitation powers. The findings demonstrate that a clear distinction between limitation and derogation is essential in determining the scope of protection afforded to non-derogable rights. This distinction further affirms that the state's authority to restrict human rights remains subject to legal boundaries and cannot be exercised to diminish rights that are fundamentally non-derogable.

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