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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 121 Documents
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Hak Politik Perempuan dalam Sistem Pemilihan Umum di Indonesia Sarah Tri Faustine Sagala; Mirza Nasution; Yusrin, Yusrin
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: 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/r8prak67

Abstract

This study examines the legal construction of women’s political rights within Indonesia’s electoral system through a normative-doctrinal approach grounded in statutory interpretation, legal principles, and doctrinal analysis. The research focuses on the coherence between constitutional guarantees, particularly under the 1945 Constitution, and the regulatory framework governing elections, including Law Number 7 of 2017 and Law Number 7 of 1984 as a ratification instrument of CEDAW. By employing grammatical, systematic, and teleological interpretation, the study identifies normative tensions between formal equality and substantive representation in the implementation of affirmative action policies. The findings reveal that despite the existence of a 30 percent quota requirement in candidate nomination, structural and regulatory inconsistencies continue to limit the effective realization of women’s political participation. Comparative insights drawn from international data further demonstrate that Indonesia’s position reflects partial compliance with global standards of gender representation. This study contributes to legal scholarship by proposing a reconstruction of electoral norms that strengthens enforceability, harmonizes regulatory provisions, and advances substantive gender equality within democratic governance.
To What Extent Is The Governance of Local Public Service Innovation In Indonesia? Suranto, Suranto
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: 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/t2na3220

Abstract

This study critically examines the extent to which the governance of local public service innovation in Indonesia operates within and beyond its formal legal and institutional frameworks. Employing an empirical legal research design grounded in qualitative analysis, the study draws on multiple case studies, including innovations implemented in Bantul Regency, Kubu Raya Regency, and Batam City, supported by in depth interviews, document analysis, and field observations. The findings reveal that while Indonesia has established a comprehensive regulatory architecture through Law Number 25 of 2009, Law Number 23 of 2014, Law Number 30 of 2014, Government Regulation Number 38 of 2017, and Ministerial Regulation Number 30 of 2014, the practical governance of innovation remains uneven and fragmented. Normative compliance does not consistently translate into effective implementation, participatory inclusiveness, or sustainable institutionalisation. The study demonstrates that governance outcomes are shaped by the interaction between regulatory structures, administrative capacity, digital transformation, and accountability mechanisms. It argues that strengthening legal integration, institutional coherence, and performance based accountability is essential for ensuring that local public service innovation contributes meaningfully to governance effectiveness and public value creation.
Antara Kedaulatan Negara dan Kepastian Investor: Analisis Kritis Arbitrase Internasional dalam Sengketa Investasi Asing Marcia Gladys Rumambi; Gunardi Lie
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: 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/x3cakw54

Abstract

This study examines the normative tension between state sovereignty and investor legal certainty within the framework of international investment arbitration. Employing a doctrinal legal approach, the research analyzes statutory regulations, international legal instruments, and arbitral jurisprudence to assess how legal norms structure the relationship between regulatory authority and investment protection. The findings indicate that arbitration does not eliminate state sovereignty but reconfigures it through legality, proportionality, and good faith standards. Legal certainty for investors is contingent upon compliance with domestic law, while states retain authority to regulate in pursuit of public interests. The study further demonstrates that inconsistencies in regulatory design and institutional capacity intensify disputes and undermine normative balance. Accordingly, a coherent legal framework integrating national legislation, contractual design, and international commitments is required to ensure equilibrium. The research contributes to doctrinal development by proposing a prescriptive model that aligns sovereignty with investor protection in a dynamic legal order while emphasizing the necessity of interpretative coherence, judicial consistency, and regulatory clarity in contemporary investment governance systems globally today.
Pendaftaran Jaminan Fidusia sebagai Syarat Eksekusi yang Sah: Analisis Hukum Positif Indonesia Michael Charlie Tanuwijaya
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: 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/xa22nc55

Abstract

The ambiguity in the legal construction regarding the status of fiduciary registration as a prerequisite for the validity of execution within Indonesia’s positive legal system has become increasingly complex following decisions of the Mahkamah Konstitusi, which restrict parate execution and emphasize the necessity of procedural justice. The inconsistency between Law Number 42 of 1999 and its practical implementation particularly executions conducted without registration or lawful mechanisms has generated legal uncertainty and potential violations of the rights of debtors and third parties. This study employs a normative legal method with statutory, conceptual, and case approaches through an analysis of legislation, legal doctrines, and relevant judicial decisions. Legal materials are collected through library research and analyzed using systematic, grammatical, and teleological interpretation. The findings reveal that fiduciary registration is constitutive in nature, serving as the basis for the creation of proprietary rights and the legitimacy of execution. The validity of execution cannot rely solely on the existence of a fiduciary certificate but must also comply with procedural requirements as interpreted by the Constitutional Court.  
Pengawasan Dinas Perhubungan Terhadap Kelayakan Kendaraan Angkutan Jalan Di Kabupaten Tangerang Berdasarkan Peraturan Daerah Kabupaten Tangerang Nomor 4 Tahun 2018 Tentang Penyelenggaraan Perhubungan Siti Sulaemah Cunayah; H. E. Rakhmat Jazuli; Ahmad Lanang Citrawan
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: 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/jm4ekh90

Abstract

This study examines the issue of the effectiveness of the Transportation Agency’s oversight of the roadworthiness of road transport vehicles in Tangerang Regency based on Tangerang Regency Regional Regulation No. 4 of 2018, which in practice still reveals a gap between legal norms and implementation. The study employs an empirical method with a socio-legal approach through data collection via interviews, observations, and documentary analysis, and is qualitatively analyzed using legal interpretive techniques. The findings indicate that supervision remains suboptimal due to institutional capacity constraints, low compliance among business operators, as well as weak enforcement of sanctions and inter-agency coordination. Normatively, regulations have comprehensively established vehicle fitness standards; however, their implementation has not fully met the objectives of safety and legal protection. The socio-legal approach reveals that legal culture and the quality of public services also influence the effectiveness of supervision. This study contributes to the development of an integrative analysis between legal norms and empirical practices in transportation governance.
Analisis Pembatalan Perkawinan dalam Perspektif Undang-Undang Nomor 1 Tahun 1974 Keysha Rafa Dayinta; Renny Supriyatni; Sridewi Anggraeni Wiyono
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/9dc96c48

Abstract

The issue of marriage annulment in Indonesian law reveals a tension between formal legal norms and dynamic judicial practices, particularly in the application of Law No. 1 of 1974 and its amendments. This study aims to analyze the normative construction, judicial implementation, and legal implications of marriage annulment within the Indonesian legal system. The method employed is normative legal research using legislative, conceptual, and case-based approaches, through analysis of laws, implementing regulations, and relevant court decisions. The results of the study indicate that the annulment of marriage functions as a corrective mechanism against legal defects from the outset; however, in practice, there are variations in judicial interpretation influenced by teleological approaches and sociological considerations. The discussion confirms that while there is consistency in certain cases such as identity fraud, unauthorized polygamy, and violations of age limits, inconsistencies still arise due to the absence of uniform interpretive guidelines. The legal implications of annulment encompass the status of children, joint property, and civil registration, thus requiring the strengthening of regulations and legal harmonization to ensure legal certainty and justice.
Pengaruh Hak Asasi Manusia Yaitu Hak Memiliki Keturunan dan Berkeluarga dengan Hukuman Kebiri Kimia Bagi Pelaku Kekerasan Seksual Saffana Ayu Azzahra
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: 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/b706ck88

Abstract

This study critically examines the intersection between chemical castration as a criminal sanction and the protection of human rights, particularly the right to form a family and to procreate, within the Indonesian legal system. Employing a normative-doctrinal legal research method, the analysis integrates statutory, conceptual, and limited comparative approaches to assess the coherence of Law Number 17 of 2016 with national and international human rights standards. The findings reveal that chemical castration raises substantial normative tensions, particularly in relation to bodily integrity, reproductive rights, and non-derogable rights protected under constitutional and international frameworks. Furthermore, the policy demonstrates limited effectiveness when evaluated through deterrence theory, as it fails to satisfy the elements of certainty, severity, and celerity, while lacking empirical support as a reliable crime prevention mechanism. Comparative analysis indicates that more balanced approaches—combining voluntary measures, psychological rehabilitation, and medical oversight—offer greater legal and practical legitimacy. The study concludes that the current framework requires comprehensive reform through implementing regulations, integrative rehabilitation models, and rights-based safeguards to ensure proportionality, legal certainty, and alignment with contemporary criminal justice principles.
Gugatan Class Action dalam Perspektif Hukum Positif di Indonesia Mikako Naiya Putri; Tito Jeremia Sanggam Marisi Situmorang
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: 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/fty3nd60

Abstract

This study aims to analyze the normative framework, consistency of application, and direction for strengthening class action lawsuit regulations from the perspective of positive law in Indonesia. The background of this study stems from the discrepancy between the growing need for collective dispute resolution and the limitations of procedural law regulations, which remain fragmented and lack integration. The method employed is normative legal research using a legislative, conceptual, and case-based approach, through an analysis of various regulations such as PERMA No. 1 of 2002, the Consumer Protection Act, and the Environmental Protection and Management Act, which were examined qualitatively using systematic and teleological interpretation. The research findings indicate that, normatively, class action regulations are in place; however, their implementation remains inconsistent due to unclear legal parameters and divergent judicial interpretations. Additionally, regulatory fragmentation was identified, which impacts the low effectiveness of collective legal protection. This study contributes recommendations for normative reconstruction through more comprehensive codification, strengthening of procedural mechanisms, and integration across legal regimes to enhance legal certainty and the effectiveness of law enforcement in the resolution of collective disputes.
Urgensi Perlindungan Hak Kekayaan Intelektual di Era Digital: Strategi Hukum dalam Melindungi Ide Bisnis Chandra Devaraihan Wahyudi; Ulfi Dwiani; Ikhwan Aulia Fatahillah
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: 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/aaq15869

Abstract

This study aims to analyze the urgency of intellectual property rights protection in the context of the digital economy and to formulate effective legal strategies for protecting business ideas. The background of this study stems from the increasing vulnerability of business ideas to imitation and infringement due to advances in digital technology, which have accelerated the distribution and reproduction of intellectual works. The method used is non-empirical legal research employing a normative, doctrinal, and conceptual approach through an analysis of relevant legislation, legal doctrines, and academic literature. The research findings indicate that although Indonesia’s legal system possesses a comprehensive regulatory framework, there remain normative gaps and inconsistencies in accommodating the protection of business ideas in the digital era. The analysis also highlights the need for an integrative legal strategy through a combination of intellectual property registration, trade secret protection, strengthening of business contracts, and the utilization of digital technology. The study’s conclusion emphasizes that effective protection requires a multidimensional approach that is adaptive to technological developments and supported by responsive legal policies.
Analisis Yuridis terhadap Pelanggaran Hak Cipta melalui Praktik Reupload Konten Tanpa Izin di Media Sosial di Indonesia Raga Bahira Albantani; Teguh Abdurrohman Shodiq; Ikhwan Aulia Fatahillah
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/1cbc6x09

Abstract

This study aims to conduct a legal analysis of the practice of unauthorized content reuploading as a form of copyright infringement on social media in Indonesia, as well as to evaluate the effectiveness of its enforcement in the digital context. The method used is normative legal research employing a legislative, conceptual, and comparative approach to international legal instruments. The results of the study indicate that the practice of reuploading constitutes a copyright infringement because it involves acts of reproduction, distribution, and public communication without the creator’s consent, thereby directly violating the economic rights and moral rights guaranteed under Law No. 28 of 2014 on Copyright. Furthermore, the open, fast, and cross-border nature of digital media amplifies the intensity and impact of such infringements compared to conventional forms. Law enforcement against this practice still faces significant challenges, including low public legal awareness, limited capacity of law enforcement agencies, and the suboptimal role of digital platforms in prevention. This study underscores the importance of strengthening adaptive regulations, enhancing the effectiveness of law enforcement, and integrating the role of digital platforms to create a copyright protection system that is more responsive to technological developments.

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