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INDONESIA
COMPENDIUM OF JUDGE MADE LAW
Published by Universitas Muslim Indonesia
ISSN : -     EISSN : 30903513     DOI : https://doi.org/10.56087/cjml.v1i1
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Compendium of Judge Made Law is a Scientific Journal in the field of law published twice a year (October and April) by the Faculty of Law, Universitas Muslim Indonesia. Compendium of Judge Made Law is a forum for academics and legal practitioners to disseminate legal knowledge to the wider community in the field of legal reference studies in legal journals covering various branches of Judicial Law in the Context of public law, civil law, Environment, and Human Rights in Indonesia, Southeast Asia, and the Global Context.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
 1   2 
Legal Responsibility of Coal Mining Companies for Environmental Damage in Lappariaja District, Bone Regency Muhammad Afian Hatta; Nurul Qamar; Syamsul Alam
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 2 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/cojml.v1i2.1089

Abstract

This paper aims to: (1) To determine the role of law in supervising coal mining activities in Lappariaja sub-district, Bone Regency; (2) To determine the legal responsibility of coal mining companies for environmental damage caused in Lappariaja sub-district, Bone Regency. This paper uses a descriptive empirical legal research method. This approach was chosen because it is able to provide a comprehensive picture of the phenomenon of anarchic behavior of funeral escorts on the highway, especially in the context of the application of criminal law and the factors causing it. The results of the paper show that the Legal Regulations in Supervising Coal Mining are contained in Government Regulation No. 55 of 2010 concerning the guidance and supervision of the implementation of the management and implementation of mineral and coal mining businesses. Article 13 states that: the minister supervises the implementation of mining business management carried out by the Provincial Government and Regency/City Government in accordance with their authority. The Minister, Governor/Regent/Mayor in accordance with their authority supervise the implementation of mining business activities carried out by holders of IUP, IPR or IUPK. The Legal Responsibility of Coal Mining Companies for Environmental Damage caused is: Criminal Legal Responsibility, Civil Legal Responsibility and Administrative Responsibility. Writing recommendations: (1) for the government, it is hoped that in issuing permits for mining businesses, they should conduct case studies regarding environmental impact analysis (AMDAL); (2) For mining companies, it is hoped that they will manage waste responsibly and carry out reforestation and greening in former mining areas.
The Death Penalty from the Perspective of Criminal Law and Islamic Law: A Comparative Study in Indonesia Agus Alim Yusuf Alim; Nasrullah Arsyad; Sitti Ulfah
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 2 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/cojml.v1i2.1207

Abstract

Abstract: This study aims to analyze the application of the death penalty from the perspective of Indonesian criminal law and Islamic law. The study was conducted to identify common ground and principal differences between the two in upholding justice and protecting human values. The method used was normative legal research with a statutory and conceptual approach, sourced from primary, secondary, and tertiary legal sources through literature review. The results indicate that in Indonesian criminal law, the application of the death penalty is intended for crimes deemed beyond the bounds of humanity, such as drug abuse, terrorism, premeditated murder, and serious assault resulting in a cruel death. Meanwhile, in Islamic law, the death penalty (qisash) is imposed on perpetrators of intentional murder, adultery (muhshan), robbery (hirabah), rebellion (bughat), and apostasy. Islamic Sharia places the death penalty as an instrument of justice aimed at preserving life, social order, and human dignity. This study recommends that the implementation of the death penalty in Indonesia be accompanied by a clear time limit at each stage of the legal process to avoid legal uncertainty. In addition, interpretation of Islamic legal texts needs to be done contextually so that they are relevant to the development of modern legal systems and human values.  
The Dilemma of Law Enforcement in Determining Suspects in Online Gambling Site Promotion Cases: A Case Study at the South Sulawesi Regional Police Muhammad Agung Hidayah; La Ode Husen; Muhammad Azham Ilham
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 2 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/10.56087/cojml.v1i2.1210

Abstract

This study aims to identify and analyze the obstacles faced by the police in determining suspects in cases involving the promotion of online gambling sites through information technology. This research employs an empirical legal research method, which examines the application of legal norms based on real conditions in the field. Data were collected through interviews, observations, and a literature review of primary and secondary legal materials. The study was conducted at the Regional Police of South Sulawesi (Polda Sulsel).The results indicate that the legal procedure for determining suspects in online gambling promotion cases at Polda Sulawesi Selatan involves several stages: investigation, inquiry, collection of valid evidence, and witness examination. Once at least two sufficient pieces of evidence are obtained in accordance with the Indonesian Criminal Procedure Code (KUHAP), the investigator formally determines the perpetrator as a suspect. Law enforcement is carried out carefully, as offenders often disguise their digital identities using fake accounts, virtual private networks (VPNs), and proxy servers. The main challenges faced by the police include difficulties in tracing perpetrators’ identities due to digital obfuscation, limited access to encrypted communication data, and the lack of public participation in reporting online gambling promotion activities. These findings highlight the importance of improving investigators’ technical capacity and strengthening inter-agency cooperation, particularly with the Ministry of Communication and Informatics and digital platform providers, to enhance the effectiveness of law enforcement against cybercrime based on information technology.  
Reverse Proof System In Gratification In Criminal Acts Of Corruption Muhammad Rifaldy Palorongi Hamid; Nurul Qamar; Hardianto Djanggih
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 2 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/cojml.v1i2.1252

Abstract

This study aims to examine the application of the reversal of the burden of proof in gratification-related corruption cases, using Decision No. 45/Pid.Sus-TPK/2021/PN Mks as a case study. In the context of Indonesian law, the reversal of the burden of proof is a legal mechanism that enables defendants to demonstrate that the gratuities received are not connected to acts of corruption. This research adopts a normative juridical method combined with a case study approach to analyze how judges interpret and implement the reversal of proof provisions as stipulated in Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 on the Eradication of Corruption. The findings indicate that the panel of judges concluded the defendant failed to prove that the received gratuities were unrelated to their official position or authority. Consequently, the reversed burden of proof did not exonerate the defendant from legal accountability. These results highlight the inherent challenges defendants face in fulfilling the evidentiary burden and underscore the necessity for a comprehensive understanding of both substantive and procedural aspects of law in the application of reversed proof mechanisms. This research is expected to contribute to the development of criminal procedural law, particularly in corruption cases in Indonesia.    
Distribution of Inheritance According to Mawaris Islamic Jurisprudence Law in the Compilation of Islamic Law Muhammad Adam Surya Raya; Salmawati Salmawati; Mursyid Mursyid
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 2 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/COJML.v1i2.1319

Abstract

Abstract: The application of the reverse burden of proof in gratification cases within corruption offenses is a pivotal legal instrument in Indonesia’s anti-corruption strategy, yet its effectiveness remains subject to both theoretical debate and practical challenges. While this mechanism normatively grants defendants the opportunity to prove that the gratification received is unrelated to their official position, there is a notable research gap in examining how judicial reasoning determines the success or failure of such proof in court proceedings. This study employs a normative juridical method with a case study approach, focusing on court decisions that implement the reverse burden of proof. The analysis centers on the construction of judicial arguments in assessing the evidence and statements presented by the defendant. The findings reveal that the defendant failed to convince the panel of judges that the gratification in question was beyond the scope of their authority, highlighting the substantial evidentiary burden borne by defendants. These results underscore the necessity for a comprehensive understanding of both substantive and procedural legal aspects in reverse proof mechanisms, while contributing to the broader discourse on the development of criminal procedural law in corruption cases in Indonesia.  
Contempt of Court in Judicial Practice Muhammad Iqbal Zul Abdi; Andi Istiqlal Assaad; Andi Cakra Cindrapole
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 2 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/cojml.v1i1.1308

Abstract

This study aims to determine and analyze the forms of contempt that can be categorized as contempt of court in the legal perspective in Indonesia. To determine and analyze the legal basis that regulates contempt of court in the legal system in Indonesia. This study uses the research method used is the Normative research method, namely a legal research method that is sourced from regulatory and secondary document data in the form of collection from library and tertiary materials which are documents containing concepts and information such as dictionaries. The results of this study indicate that 1) Contempt of court is a form of violation of the honor, dignity, and authority of the court, whether carried out inside or outside the courtroom, which can hinder the judicial process and damage public confidence in the judicial system. Enforcement of contempt of court is important to protect the authority and dignity of the judicial institution, so that the court can carry out its judicial functions fairly, without pressure or interference from any party. This act can be a real action or a statement delivered inside or outside the court that can affect the course of the trial or legal process. The act of contempt of court is regulated in statutory regulations, 2) although there are no rules that specifically regulate it, several articles in the Criminal Code regulate the issue of contempt of court such as articles 207, 217, 224 and so on. This research recommendation states that there is a need for more stringent and detailed regulations in the law regarding contempt of court, so that there is legal certainty in taking action against violations of the dignity and authority of the court.
Criminal Acts of Sexual Harassment in the City of Makassar from a Criminological Perspective Fajran; Nur Fadhillah Mappaselleng; Asriati Asriati
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 2 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/cojml.v1i2.1179

Abstract

This study aims to examine the factors contributing to the occurrence of sexual harassment crimes in Makassar City and to analyze the efforts undertaken for their prevention and control. The research employs an empirical approach, with the research location at the South Sulawesi Regional Police (Polda Sulsel). The types and sources of data consist of primary, secondary, and tertiary data, which were collected through interviews and documentation. The collected data were subsequently analyzed using qualitative analysis. The findings indicate that the factors contributing to sexual harassment crimes in Makassar City include environmental factors, peer association factors, and economic factors. Preventive and control measures implemented by the South Sulawesi Regional Police involve firm law enforcement accompanied by public education and legal literacy programs related to sexual harassment, as well as legal awareness campaigns addressing its forms, impacts, and legal consequences. In terms of countermeasures, efforts include the provision of legal protection, medical assistance, and social rehabilitation for victims of sexual harassment. Based on these findings, this study recommends that law enforcement officers be provided with gender- and victim-sensitive training to ensure professional, empathetic, and fair handling of sexual harassment cases without blaming or marginalizing victims. Furthermore, the police are encouraged to develop more accessible reporting mechanisms, such as dedicated hotlines or mobile-based applications, to enable victims to report incidents safely while ensuring confidentiality.
Legal Analysis of Criminal Liability for Identity Falsification by the Fiduciary Grantor Irma Ramadani Nuntung; Hambali Thalib; Dian Eka Pusvita Asiz
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 2 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/cojml.v1i2.998

Abstract

This research aims to determine and analyze the qualifications of the criminal act of identity forgery in a fiduciary agreement and to determine the legal considerations of the judge in making a decision in the case of Decision No. 1097 / Pid.sus / 2019 / PN. Mks. This research was conducted with a normative legal research type that uses secondary legal materials or is a study by taking several books, journals or references related to the research. The results of this study indicate that (1) The qualifications of the criminal act of identity forgery in a fiduciary guarantee agreement are the requirements that must be met in order to be categorized as a crime. Forgery is the act of replacing a letter or document carried out by an individual or group of individuals. The act of forgery is a crime characterized by a framework of falsehood or fraud against an object. Fraud is an act carried out intentionally to deceive or manipulate others for personal or group interests. Thus in this case or case No. 1097 / Pid.Sus / 2019 / PN. Mks certainly meets the requirements as a criminal act. (2) Legal analysis of the judge's decision in case No. 1097/Pid.Sus/2019/PN. Mks Regarding Identity Forgery in Fiduciary Guarantees is that the defendant has fulfilled the elements of Article 263 paragraph (1) of the Criminal Code and the elements of Article 36 of Law No. 42 of 1999 Concerning Fiduciary Guarantees. The recommendation of this study is that as law enforcement officers in determining the qualifications of criminal acts, they must be more careful in finding the elements of their actions, whether the action is a criminal act (criminal law) or a civil act (civil law) so as not to make a mistake in prosecution, and as the owner of the fiduciary object guarantee or in this case companies engaged in the fiduciary sector to be more detailed and careful when agreeing to provide fiduciary objects so that it does not happen again as in the case explained above.
Judicial Considerations in the Rejection of Conservatoir Beslag in Land Disputes Mohammad Rafli Darussalam; Dwi Handayani; Sri Amlinawaty
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 2 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/cojml.v1i1.1269

Abstract

Abstract: This study examines the urgency of legal protection in resolving land disputes by analyzing judicial considerations and the fulfillment of requirements for the issuance of conservatoir beslag in a court judgment at the appellate level. Land disputes constitute a significant issue as they relate to the certainty of rights, the potential for prolonged conflict, and the vulnerability of communities to document misuse or unlawful possession. The central problems addressed in this research are how judges consider and determine rulings in land dispute cases and whether the requirements for conservatoir beslag have been fulfilled in the case under review. The study employs a normative legal approach to examine relevant legal materials and identify the structure of judicial reasoning. The analysis shows that the judge’s decision is grounded in the principles of justice, legal certainty, and the protection of lawful land rights by assessing valid ownership evidence, the legal standing of the parties, and the relevance of prior decisions that confirm unlawful acts committed by the defendant. The issuance of conservatoir beslag is considered to have met its foundational requirements, supported by sufficient preliminary evidence, a clearly identified disputed object, and reasonable concern over potential transfer of the object that could disadvantage the rightful party. The findings highlight the pivotal role of judges in maintaining the status quo of disputed objects to prevent further harm and strengthen legal protection for legitimate owners. This study recommends enhancing public legal education and strengthening inter-institutional coordination to support the effectiveness of preventive measures in land dispute cases.
Criminalization of Pornography: Assessing the Limits of “Intent” in Indonesian Criminal Law Muwafiq Zaid; La Ode Husein; Sutiawati Sutiawati
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 2 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/COJML.v1i2.1707

Abstract

The criminalization of pornography in Indonesian criminal law raises significant interpretative challenges, particularly in determining the boundaries of intent (dolus) and criminal liability in the digital era. This study aims to analyze the legal qualification of the act of intentionally creating pornographic content and to examine the extent of criminal responsibility when such content is disseminated without the direct intent or control of the creator. Employing a normative juridical method with a case approach, this research focuses on Decision Number 51/Pid.B/2021/PN.Mgn as an empirical basis for analysis. The findings reveal that the application of law in such cases tends to emphasize the fulfillment of actus reus while insufficiently examining the element of mens rea, particularly the intent to distribute or make the content accessible to the public. The case demonstrates that the defendant’s intent was limited to private recording, whereas the dissemination occurred due to third-party intervention. This condition raises critical issues regarding causality, where the concept of novus actus interveniens should be considered as a factor that breaks the chain of criminal liability. The study also identifies a tendency toward overcriminalization, resulting from a formalistic interpretation of legal provisions without adequate consideration of context, proportionality, and individual fault. This research contributes to the existing literature by offering a novel perspective on the reinterpretation of intent in pornography-related offenses, particularly in situations involving loss of digital control. It argues for a more contextual and substantive approach in assessing criminal liability, distinguishing clearly between private acts and public consequences. The study recommends legislative reform to clarify the boundaries between the creation and dissemination of pornographic content, as well as the development of judicial guidelines to ensure consistent and proportionate law enforcement in the digital age.

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