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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 74 Documents
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Penyelesaian Sengketa Perbankan di Indonesia: Analisis Mekanisme Pengaduan Internal, Mediasi LAPSPI, dan Litigasi dalam Perspektif Perlindungan Konsumen Rafael Ahmad Eryasafli; Siti Maharani; Muhammad Faiz Zakwan
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/d70tgc86

Abstract

This study examines the effectiveness of dispute resolution mechanisms in Indonesia’s banking sector through three primary channels: internal complaint handling within banks, mediation facilitated by the Indonesian Alternative Dispute Resolution Institution for Banking (LAPSPI), and litigation. Using a normative juridical approach and qualitative analysis of legal frameworks, OJK regulations, academic literature, and relevant case studies, this research highlights the role of multi-layered dispute resolution in ensuring consumer protection, promoting access to justice, and maintaining financial system stability. The findings show that internal complaint mechanisms serve as a preventive legal tool, mediation offers a restorative and efficient alternative, while litigation remains the last resort due to its complexity, cost, and reputational risks. Challenges persist, particularly in public awareness, mediator capacity, and institutional readiness. This study underscores the need for stronger institutional cooperation, digitalization of dispute resolution systems, and enhanced compliance culture to achieve an effective, transparent, and equitable banking dispute resolution framework in Indonesia.  
Restrukturisasi Kredit dalam Perspektif Hukum Perbankan: Dampak terhadap Hubungan Kontraktual antara Bank dan Nasabah Raisa Agnia; Sabili Casba Ar-Rusd; Gipal Herta Wijaya
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: 10.65310/9fxd0m58

Abstract

This study examines credit restructuring from the perspective of banking law, with particular attention to its impact on the contractual relationship between banks and customers. Credit restructuring is conceptualized as a legal mechanism designed to preserve the continuity of credit agreements when payment difficulties arise, while maintaining the rights and obligations of the parties involved. The research adopts a normative juridical approach through an analysis of statutory regulations, legal doctrines, and the practical implementation of credit restructuring within the Indonesian banking system. The findings demonstrate that credit restructuring represents the application of the principles of prudence, good faith, and the balance of interests embedded in banking contract law. Amendments to credit terms through restructuring generate legal implications for the contractual positions of both parties, yet remain within the framework of legal certainty when grounded in mutual consent and prevailing regulations. From a legal protection standpoint, credit restructuring affords safeguards to customers against excessive exposure to default risks while simultaneously securing the legitimate interests of banks as creditors. Accordingly, credit restructuring plays a strategic role in sustaining legal stability and fostering trust within the banking sector.
Sistem Perbankan Syariah di Indonesia: Landasan Teologis, Regulasi Nasional, dan Tantangan Kepatuhan Syariah Ghazyan Hidzyam Haqqani; Santana Suryapringgana; M. Aldo Dellano
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: 10.65310/2sbrgc32

Abstract

This study examines the Islamic banking system in Indonesia by focusing on the interrelationship between theological foundations, national regulation, and challenges of Sharia compliance in operational practice. The theological basis of Islamic banking is rooted in the principles of Islamic law that emphasize justice, public benefit (maslahah), and balance in the legal relationship between banks and customers. These principles have been accommodated within the national legal system through Islamic banking regulations and supervisory mechanisms implemented by state authorities and the Sharia Supervisory Board. This research employs a normative legal research method using statutory and conceptual approaches to analyze the conformity between Sharia norms and positive law. The findings indicate that national regulation has provided legal certainty and a relatively comprehensive supervisory framework; however, it continues to face challenges related to the consistency of Sharia compliance, risk management, and adaptation to financial technological innovation. Strengthening governance, internalizing Sharia values, and harmonizing regulatory frameworks are therefore essential to ensuring the sustainability of Islamic banking within the national financial system.
Tindak Pidana Perbankan di Indonesia: Analisis Yuridis terhadap Jenis Kejahatan dan Pertanggungjawaban Pidana Revameila Susanti; Muhammad Haidar Pasha; Teguh Abdurrohman Shodiq
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/rrtwa083

Abstract

This study aims to examine banking crimes in Indonesia by focusing on the classification of types of banking offenses and the forms of criminal liability that may be imposed on perpetrators. The analysis is grounded in the recognition that the banking sector plays a strategic role in the national economy, such that any legal violation in this field has the potential to cause systemic losses and undermine public trust. The research employs a normative juridical method with a statutory approach, particularly referring to Law Number 7 of 1992 as amended by Law Number 10 of 1998 on Banking. The findings indicate that banking crimes encompass acts related to licensing, bank secrecy, supervision and regulation, as well as banking business activities, each of which is subject to strict criminal sanctions. Furthermore, criminal liability is not confined to individuals but may also be imposed on corporations and their management. This study underscores the importance of consistent enforcement of banking criminal law to ensure a sound, accountable, and equitable banking system.  
Mekanisme Penetapan Berakhirnya Pemeriksaan dan Pembukaan Kembali Sidang Arbitrase dalam Perspektif Hukum Acara Arbitrase di Indonesia Andromeda Bintang Wardhana; Mori ramadhan; Naufal aura Bagaskara
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/b22p6r98

Abstract

This article examines two essential mechanisms in the arbitration process: the determination of the closure of proceedings and the reopening of hearings. The closure of proceedings is a formal stage that signifies the completion of the evidentiary process and serves as the basis for the arbitral tribunal to begin deliberations and draft the final award. Meanwhile, the reopening of hearings is an extraordinary mechanism that may only be invoked under limited circumstances, such as the discovery of new evidence (novum), fraud, or significant procedural errors. This study employs a normative juridical method through an analysis of Law No. 30 of 1999, BANI Rules, and international arbitration instruments such as the ICC Rules. The findings indicate that these mechanisms must be carried out carefully in order to maintain a proper balance between efficiency, legal certainty, and substantive justice. The article underscores the importance of official documentation, procedural limitations, and the authority of arbitrators in managing both the closure of proceedings and reopening, ensuring that arbitration remains an effective dispute resolution forum.
Strategi Glokalisasi Mcdonald’s Indonesia Sebagai Perusahaan Transnasional (TNC) Dalam Adaptasi Menu Lokal Periode 2023-2025 Akwal Waffi Kariswan; Maulana Fasha Aralea; Sekar Rahayu; Syifa Nindia Destiany; Septianis Afifah
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/n1v1mb34

Abstract

The glocalization strategy is a crucial factor for transnational corporations adapting to markets with strong cultural characteristics, such as Indonesia. The public's preference for spicy food, rice consumption, and the use of distinctive spices has prompted McDonald's to adapt its menu, including products like Ayam Spicy, Nasi Uduk McD, Sambal Korek, and various pies with local flavors. This article uses a qualitative, literature-based method to analyze data from scientific journals, previous research, media reports, and company documents. This approach helps illustrate how McDonald's integrates its global identity with local cultural elements to increase consumer acceptance. This research demonstrates that menu adaptations serve not solely as a commercial strategy but also as a form of business diplomacy that strengthens McDonald's social legitimacy as a transnational corporation and reduces cultural resistance to global products. Thus, this study confirms that glocalization is a crucial mechanism in global-local dynamics, particularly in the fast food industry, which relies heavily on sensitivity to public tastes.
Analisis Yuridis Penegakan Hukum Lingkungan Terhadap Pencemaran Sungai Citarum Rihan Rizky; M Z Syafiq Haidar Hisyam; Muhammad Rafa; Fathir Putra Maulud; Ahmad Ramdani
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/mrbybb57

Abstract

This study analyzes the enforcement of environmental law in addressing pollution in the Citarum River by employing a normative legal research method with statutory and conceptual approaches. The analysis focuses on the regulatory framework, the implementation of law enforcement mechanisms, and the challenges affecting their effectiveness in practice. The Citarum River plays a strategic role in supporting social, economic, and ecological systems; however, it faces serious pressures from industrial pollution, domestic waste, and spatial planning issues. The national legal framework provides a basis for environmental protection through the regulation of water quality standards, environmental permitting regimes, and the imposition of administrative and criminal sanctions. The implementation of environmental law enforcement reflects ongoing efforts in monitoring and sanctioning polluters, particularly corporate actors, although overall legal compliance remains suboptimal. The effectiveness of enforcement is influenced by institutional constraints, technical challenges in evidentiary processes, inter-agency coordination issues, and social factors within affected communities. This study emphasizes the importance of strengthening institutional coordination, enhancing the capacity of law enforcement authorities, and integrating environmental restoration approaches. Consistent and equitable enforcement of environmental law is expected to contribute to improvements in environmental quality, ensure the long-term sustainability of the Citarum River, and support the protection of the public’s right to a healthy and sustainable environment in Indonesia.
Strategi Unilever dalam Dinamika Politik Ekonomi Global Tahun 2023-2025: Adaptasi Korporasi Multinasional terhadap Kebijakan dan Kepentingan Negara Fadilah Affwa; Nasywa Aisyiah Hilda Jannati; Shafa Kamila Khairunnisa; Tiara Witaloka; Septianis Afipah
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/h9dahd68

Abstract

This study examines Unilever’s strategic responses to global political economy dynamics during the 2023-2025 period by positioning multinational corporations as non-state actors that interact directly with state policies and national interests. The research adopts a qualitative descriptive-analytical approach, drawing on secondary data sources including official corporate reports, state policy documents, and scholarly literature on international political economy. The findings indicate that geopolitical fragmentation, the strengthening of national policy frameworks, and the politicization of energy, food security, and labor issues have collectively shaped the strategic environment influencing Unilever’s decision-making processes. In response, the company has implemented supply chain diversification, reinforced local production capacities, ensured compliance with national regulations, and strategically managed its relationships with government institutions. The study further reveals that Unilever does not merely adapt to state policies but also contributes to shaping global governance practices and international standards. These findings underscore the necessity of employing a political economy approach to analyze multinational corporate strategies in order to comprehensively understand power relations, national interests, and evolving global dynamics.  
Dekonstruksi Hubungan Kemitraan Pada Ekonomi Gig: Tinjauan Yuridis Terhadap Kontrol Algoritmik Dan Kebebasan Semu Dalam Kontrak Naufal Hibatul Wafi
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/etn7nh72

Abstract

The expansion of the gig economy business model in Indonesia has generated complex legal issues concerning the validity of the “partner” status assigned to online transportation drivers. This classification places drivers outside the protective framework of Law No. 13 of 2003 on Manpower, resulting in the deprivation of fundamental labor rights such as minimum wages and social security. This study examines the legal validity of partnership agreements under Article 1320 of the Indonesian Civil Code, with particular emphasis on defects of consent, and compares the findings with the rationale of the Uber BV v Aslam decision in the United Kingdom. Employing a normative juridical method with statutory, conceptual, and comparative law approaches, the study finds that existing partnership agreements suffer from fundamental legal defects due to violations of the principle of contractual balance and the presence of abuse of circumstances (misbruik van omstandigheden), both economically and psychologically. Furthermore, algorithmic control exercised by platform operators fulfills the element of authority (gezag) that characterizes an employment relationship, rendering the “partner” status legally invalid. Accordingly, the study recommends the adoption of a sui generis regulatory framework to ensure social protection for gig workers while preserving labor market flexibility.
Eksistensi Digital Nomad dalam Perspektif Hukum Ketenagakerjaan Indonesia: Antara Peluang Investasi dan Pengaburan Makna Hubungan Kerja Chandra Devaraihan Wahyudi
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/pmnfkq76

Abstract

This article examines the existence of digital nomads in Indonesia from the perspective of employment law, focusing on the contradiction between immigration policies such as the E-Visa Remote Worker that support remote work and the definition of employment relationships in the Employment Law that requires local sponsors. Using a normative juridical approach, the research analyzes existing legal gaps, the implications of blurring the meaning of employment relationships on worker protections such as Occupational Health and Safety (K3) and social security, as well as the potential loss of state revenue from income tax (PPh 21). The findings indicate that digital nomads are in a legal gray area that requires specific regulations (lex specialis) to integrate local economic investment opportunities with public obligations. Recommendations include harmonizing immigration and employment regulations, with comparative policies from countries like Estonia and Portugal, to create an adaptive framework that supports digital innovation without compromising legal sovereignty.

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