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Custodia: Journal of Legal, Political, and Humanistic Inquiry
Published by CV SCRIPTA INTELEKTUAL MANDIRI
ISSN : 31232116     EISSN : 31232108     DOI : 10.65310
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Custodia: Journal of Legal, Political, and Humanistic Inquiry is a peer-reviewed academic journal that focuses on the dissemination of high-quality research in the fields of law, politics, and humanities. It serves as an open platform for scholars, researchers, practitioners, and students to publish original studies, theoretical analyses, and critical reflections that contribute to the understanding and advancement of legal, political, and humanistic thought. The journal welcomes manuscripts covering various topics, including constitutional and administrative law, human rights, political theory, governance, public policy, legal reform, social justice, ethics, philosophy, and cultural studies. All submissions undergo a rigorous double-blind peer-review process to ensure academic integrity, originality, and scholarly excellence. Custodia is published quarterly in March, June, September, and December, promoting intellectual dialogue, interdisciplinary collaboration, and innovative perspectives that support the development of legal, political, and humanistic scholarship at both national and international levels.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 14 Documents
 1   2 
Hukum Politik dalam Praktik: Bagaimana Kekuasaan Politik Mempengaruhi Hasil Hukum di Asia Tenggara Maulana Anwar; Afif Noor
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 1 (2025): September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/a8t22t48

Abstract

This study examines the phenomenon of political jurisprudence in Southeast Asia, emphasizing the persistent intersection between judicial institutions and political power. Using qualitative content analysis of regional reports, particularly the UNDP’s Judicial Integrity and Independence in Southeast Asia (2023–2024), the research identifies patterns of external pressure, limited transparency, and constrained judicial ethics across six ASEAN countries. Findings reveal that political influence remains prevalent in judicial appointments, decision-making, and resource allocation, reflecting structural dependence on the executive branch. Informal mechanisms such as patronage networks, selective sanctions, and budgetary control further weaken judicial autonomy and discourage resistance to political authority. These dynamics foster a culture of strategic conformity, where judicial decisions often align with dominant political interests rather than constitutional or human rights principles. Consequently, public trust in judicial integrity erodes, undermining both democratic accountability and access to justice. The study concludes that enhancing judicial independence in Southeast Asia requires not only institutional reform but also cultural transformation within the judiciary promoting ethical resilience, transparency, and professional integrity to resist political co-optation and strengthen the rule of law.  
Harmonisasi Kebijakan Pajak dan Prinsip Keadilan Sosial dalam Meningkatkan Kesejahteraan Nasional Rifa Tafa’ul Ula; Farid Rizqi Ananda
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 1 (2025): September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/cegmc173

Abstract

This study examines the harmonization of tax policy with the principle of social justice as a foundation for achieving national welfare in Indonesia. Using a normative juridical approach, the analysis focuses on legal norms contained in tax legislation, the implementation of redistributive mechanisms, and their alignment with the constitutional mandate of social justice. The study also incorporates empirical indicators such as the Gini Ratio and expenditure distribution of the bottom 40 percent to evaluate the real impact of taxation on economic equality. Findings show that although Indonesia’s tax framework embodies progressive principles, the outcomes remain limited due to weak institutional capacity, low tax literacy, and unequal enforcement. The national Gini Ratio only decreased slightly from 0.379 in 2024 to 0.375 in 2025, indicating a modest redistribution effect. These results highlight the need for comprehensive reform through simplification of tax regulations, strengthening of fiscal transparency, and increased public participation. A harmonized, equitable, and accountable tax system is essential to sustain inclusive and just economic growth
Meninjau Kembali Mekanisme Hukum dan Reforma Agraria dalam Menangani Mafia Tanah di Indonesia: Kasus Nirina Zubir Ayu Nurhidaya; Gina Dwi Sari; Dian Susantini
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 1 (2025): September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/cxsx9t14

Abstract

This study reexamines the legal mechanisms and agrarian reform framework in addressing land mafia practices in Indonesia, focusing on the Nirina Zubir case. The research adopts a normative juridical approach using statutory, conceptual, and case analyses to assess the alignment between legal norms and practical implementation. Findings reveal that although Indonesia’s legal framework—anchored in the Basic Agrarian Law and ministerial regulations—is well established, enforcement remains hindered by overlapping institutional authority, weak bureaucratic integrity, and a fragmented land administration system. Agrarian reform has not yet operated as an effective preventive instrument, as it remains focused on redistribution rather than structural legal reform. The study recommends full digitalization of the land registry, public audits of agrarian institutions, enhanced bureaucratic integrity, and a stronger synergy among criminal, civil, and administrative laws. The integration of agrarian reform and legal mechanisms is essential to dismantle systemic loopholes exploited by land mafias and to reinforce social justice and legal certainty in Indonesia’s land governance.  
Tokoh-Tokoh Kuat Lokal, Konversi Modal, dan Kemunculan Dinasti Politik di Indonesia Pasca-Desentralisasi: Studi Kasus Aras Tammauni di Mamuju Tengah Pramita Khanifatul Khusna
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 1 (2025): September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/sd9n2495

Abstract

This study examines how local strongmen in post-decentralization Indonesia convert economic, social, and symbolic capital into enduring political dominance, using Aras Tammauni in Central Mamuju as a case study. Drawing on qualitative fieldwork including interviews, observations, and document analysis the research explores the mechanisms of capital conversion that underpin the consolidation of local power and the reproduction of political dynasties. Findings reveal that Tammauni’s authority derives from the strategic transformation of economic resources into patronage networks, reinforced by kinship ties, customary legitimacy, and symbolic recognition. These interrelated forms of capital enable the institutionalization of dynastic rule through control of party structures, bureaucratic appointments, and public resource distribution. The study also situates Central Mamuju within the national trend of rising dynastic candidacies, showing that nearly one-fifth of candidates in Indonesia’s 2024 local elections are dynasty-affiliated. The analysis concludes that decentralization, rather than democratizing local politics, has facilitated elite entrenchment and capital-based domination, necessitating stronger regulatory and civic mechanisms to restore accountability and inclusiveness in regional governance.
Antara Idealisme dan Pragmatisme: Ketegangan Antara Kedaulatan Rakyat dan Pengendalian Partai Politik dalam Demokrasi Perwakilan Indonesia Amirul Hamdan Permana; Rafif Alwy Widianto
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 1 (2025): September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/cr5e0165

Abstract

This study examines the persistent tension between the ideal of people’s sovereignty and the pragmatic dominance of political party control within Indonesia’s representative democracy. Rooted in the constitutional mandate that sovereignty resides in the people, the analysis investigates how institutional mechanisms, such as parliamentary thresholds, candidate selection systems, and party discipline, mediate or constrain that sovereignty. Employing a qualitative normative-analytical method supported by empirical data from the General Elections Commission (KPU), Kompas Research and Development, and the Indonesia National Survey Project (INSP), the study critically assesses how legal structures and political behavior interact to shape democratic legitimacy. The findings reveal that electoral thresholds, while justified as stabilizing instruments, have systematically excluded millions of votes from legislative representation, as evidenced by the 17.3 million “wasted votes” recorded in the 2024 election. Simultaneously, persistent low public trust in political parties, averaging between 44% and 55% from 2017 to 2023, demonstrates a widening distance between citizens and party institutions. The discussion highlights that these patterns perpetuate a pragmatic logic of governance that prioritizes stability, patronage, and coalition survival over inclusivity and accountability. Although reform efforts, such as judicial scrutiny of threshold policies and calls for internal party democratization, indicate ongoing attempts to realign practice with constitutional ideals, their impact remains limited by entrenched elite interests. Ultimately, the study argues that Indonesia’s democratic consolidation depends on recalibrating the institutional balance between representation and control, ensuring that sovereignty is not merely procedural but substantively exercised by the people..
Analisis Yuridis Putusan Pengadilan Tata Usaha Negara Nomor 171/G/2024/Ptun.Jkt. Mengenai Gugatan Pembatalan Pencatatan Peralihan Sertipikat Hak Milik Dias Dhiya Ulhaq; Bambang Heriyanto; Suhermanto Suhermanto
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/dz4jxp82

Abstract

This study examines the judicial considerations and legal implications of Decision Number 171/G/2024/PTUN.JKT, which concerns a lawsuit seeking the cancellation of the registration of a transfer of freehold title. The analysis highlights how administrative actions in land registration remain a critical aspect of Indonesia’s land governance system, particularly because such actions directly affect legal certainty and the protection of private rights. The research emphasizes that the administrative process of recording land transfer is not merely procedural but constitutes an authoritative decision that can be judicially reviewed when alleged to violate statutory provisions. Through doctrinal analysis, the study evaluates the court’s reasoning regarding the legality, accuracy, and administrative propriety of the official’s actions in light of agrarian regulations and general principles of good governance. The findings suggest that judicial oversight plays an essential role in ensuring that land administration officials exercise their authority responsibly and within the bounds of the law. This decision ultimately reinforces the importance of accountability, precision, and transparency in maintaining an orderly and trustworthy land registration system.  
Pemanfaatan Artificial Intelligence dan Pelanggaran Rahasia Bank: Studi Kasus Kebocoran Data Nasabah Bank Syariah Indonesia (BSI) ditinjau dari Pasal 40 Undang-Undang Nomor 10 Tahun 1998 tentang Perbankan Widya Utami; Virda Rachma Mulya; Garnis Putri Shima; Yahya Ayyash; Aditya Rizki Andriyanto; Raden Miko Ardiansyah Judhokusumo
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/13m27813

Abstract

The rapid digital transformation in the banking sector has significantly changed the management and processing of customer data, particularly within Islamic banking institutions. The use of intelligent computing systems enhances efficiency, transaction speed, and service accuracy, yet it also increases vulnerability to data breaches and violations of bank secrecy. This study examines the leakage of customer data at Bank Syariah Indonesia as a case study, focusing on its legal implications under Article 40 of Law Number 10 of 1998 concerning Banking. Using normative legal research methods, this study analyzes statutory regulations, legal doctrines, and relevant scholarly works to assess the bank’s responsibility for safeguarding customer confidentiality. The findings indicate that data leakage constitutes a violation of bank secrecy obligations and exposes the bank to administrative, civil, and potential criminal liability. Furthermore, inadequate data protection mechanisms weaken customer trust and undermine legal certainty. Strengthening governance frameworks, enhancing digital security systems, and ensuring strict law enforcement are essential to protect customers’ rights and maintain the credibility of Islamic banking in the digital era.
Analisis Program Bantuan Sosial Pemerintah dalam Meningkatkan Kesejahteraan Masyarakat di Kota Tanjungpinang Iqnatia Patricia Manalu; Nuranisyah Nuranisyah; Vanny Estperditja br Pinem
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/6x7nqe61

Abstract

Social assistance programs are strategic public policy instruments in efforts to improve community welfare, especially for poor and vulnerable groups in urban areas such as Tanjungpinang City. This study aims to analyze the role and effectiveness of government social assistance programs in improving community welfare and to identify challenges in their implementation. The research uses a literature study method with a descriptive qualitative approach, with secondary data sources obtained from scientific journals, books, official government reports, social assistance policies, and publications from the Central Statistics Agency. The results and discussion show that social assistance programs such as PKH, BPNT, and BLT contribute positively to meeting basic needs, social protection, and economic recovery of beneficiary households. The effectiveness of the program still faces obstacles in the form of inaccurate targeting, limited validity of beneficiary data, and suboptimal integration of assistance with sustainable economic empowerment programs. The study concludes that improving community welfare through social assistance requires strengthening data collection systems, institutional coordination, transparency in implementation, and policy orientation that is not only protective in the short term but also promotes community independence and long-term welfare.
Analisis Kritis Penerapan Tanggung Jawab Hukum Lingkungan dalam Penanggulangan Eksploitasi Sumber Daya Alam Marifah Marifah; Nanang Hermansyah; Arida Mahmudyah; Rudy Habibie
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/dv7s9z08

Abstract

The massive exploitation of natural resources in Indonesia poses serious problems for environmental sustainability, thereby requiring the strengthening of environmental legal responsibility as an instrument of ecological control and protection. This study aims to analyze the legal framework, implementation, and effectiveness of environmental legal responsibility in the management and control of natural resource exploitation. The research method used is normative legal research with a legislative, conceptual, and analytical approach, supported by secondary data in the form of legislation, legal doctrine, and research results and official reports from state institutions. The results and discussion show that although environmental law principles such as state responsibility, the polluter pays principle, and sustainable development have been accommodated in various regulations, their implementation still faces obstacles in the form of weak law enforcement, sectoral policy fragmentation, and low compliance among business actors. These conditions have led to increased environmental degradation and conflicts over the use of natural resources. The conclusion of the study emphasizes that strengthening environmental legal responsibility requires regulatory harmonization, consistent law enforcement..
Penerapan Kecerdasan Buatan dalam Perlindungan Nasabah pada Layanan Perusahaan Asuransi: Tinjauan Hukum dan Pertanggungjawaban Dina Alya Maisan; Naufal Hanif Fakhri Wibowo; Tuktara Sumarno Putri; Suryo Satrio Saryanto; Muhaimin Fachrul Feryansyah; Rahma Ernanda Tiavani
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/bwrvw781

Abstract

The integration of artificial intelligence into insurance services has reshaped the operational structure of the insurance industry through automated risk assessment, premium calculation, and claims processing. These technological advancements enhance efficiency and decision accuracy but simultaneously raise legal challenges related to personal data protection and accountability toward policyholders. This study analyzes the application of artificial intelligence in insurance services from a normative legal perspective, focusing on data protection and legal responsibility. By employing statutory and conceptual approaches, the research examines regulations governing personal data protection, insurance supervision, and digital financial services, alongside legal doctrines on liability and consumer protection. The analysis reveals that the use of artificial intelligence increases the vulnerability of policyholders when data security, transparency, and regulatory oversight are insufficient. Legal responsibility remains centered on insurance companies as system controllers, despite the autonomous nature of algorithmic decision-making. Strengthening regulatory harmonization, supervisory mechanisms, and legal awareness is essential to ensure effective protection of policyholders’ rights and sustainable development of insurance services in the digital era.

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