Custodia: Journal of Legal, Political, and Humanistic Inquiry
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.
Articles
121 Documents
<![CDATA[Legal Protection for Consumers in E-Commerce Transactions Resulting from Breaches of Contract by Businesses: A Study of the Shopee and Tokopedia Platforms ]]>
<![CDATA[Kearen Elvira Naftali]]>;
<![CDATA[Gunardi Lie]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/n6g57g32
<![CDATA[The development of e-commerce as the primary instrument of digital commerce has transformed the legal relationships between consumers, businesses, and platform operators, thereby introducing new complexities in consumer legal protection. This study aims to analyze the concept of breach of contract in electronic transactions and examine the legal liability of marketplaces for consumer losses. The research method employed is normative legal research using a legislative and conceptual approach, supported by primary and secondary legal sources. The findings indicate that breach of contract in e-commerce encompasses non-conforming goods, delivery delays, and failure to fulfill obligations, all of which have legal implications under the Civil Code and the Consumer Protection Act. As operators of electronic systems, marketplaces bear legal liability that extends beyond that of mere intermediaries; rather, it includes active obligations to ensure transaction security. Normative reconstruction is necessary through strengthened regulations, restrictions on standard clauses, and the integration of more progressive liability principles. This study contributes to the development of legal liability theory within the digital ecosystem and provides a foundation for updating consumer protection policies in Indonesia.]]>
<![CDATA[Problematika Eksepsi Dan Rekonvensi Dalam Praktek Peradilan Perdata ]]>
<![CDATA[Anggi Sri Haryati Simarmata]]>;
<![CDATA[Dzakki Risqullah Ismail]]>;
<![CDATA[Rafael Roy Irawan]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/espxtp62
<![CDATA[This article examines the doctrinal and procedural challenges in the application of exception (eksepsi) and counterclaim (rekonvensi) within Indonesian civil justice practice, emphasizing their normative structure and judicial interpretation. Using a normative juridical method with statutory and conceptual approaches, the study analyzes primary legal instruments including HIR, RBg, Burgerlijk Wetboek, and Rv, supported by jurisprudence and academic doctrine. The findings indicate that ambiguities in classification, procedural requirements, and the relational nexus between principal claims and counterclaims generate inconsistent judicial outcomes and weaken legal certainty. In addition, the lack of harmonization between traditional procedural norms and contemporary developments, such as electronic court systems and procedural justice principles, contributes to inefficiency and fragmentation in dispute resolution. The study proposes a systematic normative reconstruction through interpretative integration and regulatory refinement to enhance coherence and predictability. Strengthening the clarity and alignment of these procedural mechanisms is essential to ensuring an effective, fair, and modern civil procedural system in Indonesia.]]>
<![CDATA[Analisis Yuridis Terhadap Wanprestasi Debitur Dalam Perjanjian Kredit Dengan Jaminan Fidusia: Studi Putusan No. 850/PDT.G/2020/PN MDN ]]>
<![CDATA[Jhonatan ZiusApril Hutabarat]]>;
<![CDATA[Nurul Afni Octavia]]>;
<![CDATA[Anggi Sri Haryati Simarmata]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/b35nsx20
<![CDATA[ANALISIS YURIDIS TERHADAP WANPRESTASI DEBITUR DALAM PERJANJIAN KREDIT DENGAN JAMINAN FIDUSIA (Case Study: Putusan No. 850/PDT. This study examines the juridical dimensions of debtor default in credit agreements secured by fiduciary guarantees, with specific reference to Decision Number 850/Pdt.G/2020/PN Mdn. Employing a normative legal research method grounded in statute and case approaches, the analysis focuses on the interpretation of the Indonesian Civil Code and Law Number 42 of 1999 concerning Fiduciary Guarantees, complemented by doctrinal perspectives and relevant jurisprudence. The findings reveal that debtor default manifests not only in the failure to perform contractual obligations but also in the erosion of good faith, which constitutes a fundamental principle in contract law. The study further identifies that dispute resolution mechanisms reflect a structured legal process, yet their implementation remains contingent upon judicial interpretation. Importantly, the court’s refusal to grant fiduciary seizure demonstrates a progressive shift toward balancing creditor rights with debtor protection, particularly in light of constitutional jurisprudence. The analysis underscores the necessity of harmonizing legal certainty with substantive justice through interpretative methods that integrate statutory norms and judicial reasoning. This research contributes to the development of fiduciary law by proposing a more equitable framework for resolving credit disputes in Indonesia. G/2020/PN MDN)]]>
<![CDATA[Legal Liability in Sharia Fintech: A Study of Default in Peer-to-Peer Lending Schemes ]]>
<![CDATA[Faradilla Kurnia Asyifa]]>;
<![CDATA[Diandra Nazira Anshar]]>;
<![CDATA[Baidhowi, Baidhowi]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/v06mcz76
<![CDATA[This study examines the legal liability of Sharia fintech providers in peer-to-peer lending schemes, focusing on default risks within the framework of Indonesian financial regulations and Islamic legal principles. Using a normative juridical approach, the research analyzes statutory provisions, doctrinal theories, and Sharia principles governing financial transactions. The findings reveal that fintech providers cannot be positioned merely as passive intermediaries, as regulatory frameworks such as POJK No. 10/POJK.05/2022 and the Consumer Protection Law impose professional obligations related to risk management, transparency, and accountability. The persistence of standard clauses transferring all risks to lenders demonstrates a structural imbalance that contradicts both positive law and Sharia principles, particularly those emphasizing justice, trust, and proportional risk sharing. Default is therefore not solely a business risk but may generate legal consequences when negligence is identified. This study proposes a reconstruction of liability through the integration of kafalah and takaful mechanisms alongside a risk-based liability approach, offering a more balanced and ethically grounded model of protection for lenders in Sharia fintech ecosystems. ]]>
<![CDATA[Legal Analysis of Issues of Evidence and Testimony in Civil Disputes in Court ]]>
<![CDATA[Mohammad Salwa Zakky]]>;
<![CDATA[Azriel Asshidiqi]]>;
<![CDATA[Anggi Sri Hayati Simarmata]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/08138888
<![CDATA[This study aims to conduct a legal analysis of issues related to evidence and testimony in civil disputes in court, with a focus on the interaction between legal norms and judicial practice. The method used is normative legal research employing a legislative, conceptual, and case-based approach, analyzed through systematic, grammatical, and teleological legal interpretation. The results of the study indicate that the system of evidence in Indonesian civil procedure law still relies on classical principles such as actori incumbit probatio, vrij bewijsstelsel, and unus testis nullus testis; however, its implementation faces challenges in the form of inconsistencies in the evaluation of evidence, limitations on the probative value of witness testimony, and the suboptimal recognition of electronic evidence. Advances in information technology have also spurred the emergence of new forms of evidence that have not yet been fully and systematically accommodated within civil procedure law. This study proposes a normative reconstruction through the strengthening of regulations, the integration of electronic evidence, and the enhancement of the judge’s role in evaluating evidence objectively and rationally. The contribution of this research lies in the development of a more adaptive conceptual framework for evidence that responds to the dynamics of modern law, thereby enhancing legal certainty and justice in the resolution of civil disputes.]]>
<![CDATA[Peraturan Daerah dan Penegakan Legalitas Pengendalian Kapal Ilegal dalam Mendukung Investasi Pariwisata di Labuan Bajo ]]>
<![CDATA[Cheryl Nathania]]>;
<![CDATA[Dinda Aurelia Rosi Nasution]]>;
<![CDATA[Keisha Zahra Wibowo]]>;
<![CDATA[Nicole Eugenia Yuri]]>;
<![CDATA[Najla Azrijal Chosaf]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/tmg7nr58
<![CDATA[This study analyzes the role of local regulations in enforcing the legality of controls on illegal vessels to support tourism investment in Labuan Bajo as a national super-priority destination. The legal issues examined focus on the lack of harmonization between central and local regulations, weak law enforcement against unlicensed vessels, and the implications for legal certainty and the investment climate. The research method employed is a normative legal approach using legislative, conceptual, and comparative methodologies, through an analysis of Law No. 17 of 2008 on Shipping, Government Regulations, Presidential Regulations, Ministerial Regulations, and relevant court decisions. The research findings indicate that Regional Regulations serve a strategic function as an instrument for harmonizing standards and strengthening oversight of tourist vessel activities. Effective law enforcement against illegal vessels has been shown to contribute to improved maritime safety, tourist protection, and legal certainty for investors. Challenges such as overlapping jurisdictions and weak inter-agency coordination still persist. The theoretical implications of this study underscore the importance of integrating maritime and tourism laws within a sustainable development framework. Therefore, an adaptive, legality-based, and integrated reformulation of local policies is necessary to enhance the appeal of tourism investment in Labuan Bajo. ]]>
<![CDATA[Analisis Cryptocurrency dalam Fiqih Muamalah: Divergensi Pandangan Ulama terhadap Status Hukum dan Keabsahan Transaksi ]]>
<![CDATA[Zahran Qolbi Salim]]>;
<![CDATA[Anik Novita]]>;
<![CDATA[Aprilia Nabila]]>;
<![CDATA[Muhammad Faiz Razki Perdana]]>;
<![CDATA[Tyara Fridayanty Nuramalina]]>;
<![CDATA[Baidhowi, Baidhowi]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/r5wm4k20
<![CDATA[The development of cryptocurrency as a digital financial instrument has raised legal issues in Islamic commercial law regarding the legal status and validity of transactions. This study aims to analyze the status of cryptocurrency from an Islamic legal perspective and to examine the divergent views of Indonesian scholars regarding the legitimacy of its use. The method employed is normative legal research using a conceptual and comparative approach through the review of fiqh literature, fatwas, and regulations. The results indicate that the Indonesian Ulema Council (MUI) and Muhammadiyah tend to deem cryptocurrency haram because it involves elements of gharar and maysir, and fails to meet the criteria for a valid means of exchange and a legitimate medium of exchange. Conversely, Nahdlatul Ulama views it as a virtual asset that can be legally exchanged as long as it does not cause harm and is subject to regulatory oversight. The analysis also indicates that price volatility, transaction anonymity, and the dominance of speculation reinforce signs of uncertainty in the contract. The study’s conclusion affirms that the validity of cryptocurrency transactions is conditional and depends on transparency, risk mitigation, and harmonization between Sharia principles and state regulations within the modern digital economic system.]]>
<![CDATA[Efektivitas Mediator dalam Hubungan Industrial: Rekonstruksi Peran Preventif dalam Mencegah Eskalasi Perselisihan Buruh ]]>
<![CDATA[Allaysha Adindaputri Kirani]]>;
<![CDATA[Gunardi Lie]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/se4swy77
<![CDATA[This study examines the effectiveness of mediators in preventing the escalation of labor disputes within the framework of Indonesian industrial relations law. Employing a normative legal research method with statutory and conceptual approaches, the analysis focuses on the regulatory structure governing mediation, particularly Law Number 2 of 2004, Law Number 13 of 2003 as amended by Law Number 11 of 2020, and their implementing regulations. The findings reveal that mediation is formally recognized as a dispute resolution mechanism, yet its function remains predominantly reactive and oriented toward post-conflict settlement. From a conceptual perspective, legal effectiveness should also encompass the capacity of norms to prevent disputes from escalating through early intervention and structured dialogue. The study identifies normative gaps in the regulation of mediators, particularly regarding preventive roles, institutional integration, and competency development. The research argues for a normative reconstruction that strengthens the strategic role of mediators, incorporates restorative approaches, and supports digital mediation mechanisms. Such transformation is essential to ensure sustainable conflict prevention and to promote balanced industrial relations between workers and employers. ]]>
<![CDATA[Transisi Menuju Sistem Perpajakan Digital: Tinjauan Hukum Atas Praktik Joki Dalam Coretax ]]>
<![CDATA[Aryanti Agripina WInata]]>;
<![CDATA[Gunardi Lie]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/1p35jy55
<![CDATA[The transition toward a digital tax administration system in Indonesia through the implementation of Coretax represents a strategic reform aimed at enhancing administrative efficiency, transparency, and taxpayer compliance within a self assessment framework. However, the emergence of intermediary practices commonly referred to as tax jockey services reflects structural and normative deficiencies in regulating third party access and digital accountability. This study employs a normative doctrinal legal method using statute and conceptual approaches to examine the legal construction governing digital taxation and its implications for unauthorized delegation practices. The analysis identifies regulatory gaps within Law Number 7 of 2021 and Law Number 28 of 2007, particularly concerning the absence of explicit limitations on informal representation, as well as insufficient integration with personal data protection principles under Law Number 27 of 2022. Furthermore, the findings reveal that weak authentication mechanisms and limited digital literacy contribute to systemic vulnerabilities that enable misuse of sensitive taxpayer data. This study proposes a normative reconstruction emphasizing stricter legal boundaries on third party involvement, strengthened digital authentication protocols, and integrative regulatory harmonization to ensure legal certainty, data protection, and sustainable taxpayer compliance.]]>
<![CDATA[Kepastian Hukum bagi Pemegang Polis dalam Kasus Gagal Bayar Perusahaan Asuransi: Analisis Normatif ]]>
<![CDATA[Harlian Satria Wilwatikta]]>;
<![CDATA[Malik Madya Jaya Pratama]]>;
<![CDATA[Falah Ramadhani]]>;
<![CDATA[Cindi Fadila]]>;
<![CDATA[Garnis Putri Shima]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/79pf5v18
<![CDATA[The phenomenon of insurance company defaults indicates the existence of legal uncertainty that directly impacts the weak protection afforded to policyholders as the aggrieved party in the contractual relationship. This situation reflects a gap between applicable legal norms and their implementation in practice, particularly regarding supervision, transparency, and dispute resolution mechanisms in the financial services sector. This study aims to analyze legal certainty for policyholders in cases of insurance company defaults through a normative legal approach. The methods used include legislative and conceptual approaches, utilizing primary, secondary, and tertiary legal sources analyzed qualitatively. The research results indicate that although the regulatory framework has established protections for policyholders, its effectiveness remains limited due to weak supervision, an imbalance in the positions of the parties involved, and the suboptimal roles of the policy guarantee institution and dispute resolution mechanisms. The discussion underscores the importance of strengthening a legal protection system that is both preventive and repressive to ensure legal certainty and enhance public confidence in the insurance industry.]]>
