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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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Analisis Yuridis Penebangan Liar (Illegal Logging) dalam Perspektif Hukum Lingkungan Indonesia Nila Syapitri Hsb; Cucu Robiatul Adawiah; Intan Nuraeni; Teti Saputri; Difky M. N. F.
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/yn6g8k08

Abstract

This study analyzes illegal logging from the perspective of Indonesian environmental law, focusing on environmental impacts, economic and social implications, and the effectiveness of law enforcement. The research method used is normative juridical with a conceptual approach and case studies, through an examination of legislation, court decisions, official government reports, and relevant previous studies. The results show that illegal logging contributes significantly to the environmental crisis, including increased carbon emissions, biodiversity degradation, and ecological disasters, while also causing huge losses to the state due to lost revenue from the forestry sector. The implementation of the Forestry Law and the P3H Law has shown progress, particularly in imposing criminal sanctions on perpetrators and corporations, but still faces obstacles in inter-agency coordination and disparity in court rulings. Preventive instruments such as the Timber Legality Verification System and Social Forestry have proven to support improvements in forest governance, although they require policy strengthening and continuous monitoring.
Penanaman Kelapa Sawit Sebagai Ancaman Ekologis dalam Perspektif Hukum Lingkungan Ade Lukman Firmansyah; Fahmi Nuraziz Awaludin; Dewi Mayang; Tansya Hadiansyah Ramdi; Yoga Ammar Arifin
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/jcwx5398

Abstract

This study examines oil palm cultivation as an ecological threat from the perspective of environmental law, focusing on the paradoxical role of the state in regulating and promoting plantation expansion. Using a normative juridical approach with descriptive-analytical methods, the research analyzes statutory regulations, environmental law principles, and policy frameworks governing oil palm plantations and environmental protection. The findings indicate a structural contradiction between the state’s constitutional obligation to protect the environment and its economic policies that actively encourage oil palm expansion. Although environmental law instruments, including environmental permits and environmental impact assessments, are formally established to prevent ecological degradation, their implementation remains largely procedural and weakly enforced. This condition contributes to deforestation, biodiversity loss, water pollution, and social-ecological conflicts affecting local communities. The study reveals that the dominance of economic interests has positioned environmental protection as subordinate within development policy.
Pertanggungjawaban Hukum Korporasi: Penegakan Hukum terhadap Pencemaran dan Kerusakan Lingkungan Hidup di Indonesia Dila Nurul Maghfira Arrahman; Gia Anggiani; Allisya Destari Pratami; Hani Sri Handayani
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/v1j3cz65

Abstract

Corporate legal liability plays a crucial role in addressing environmental pollution and degradation in Indonesia, particularly in the context of increasing industrial and corporate activities. This study examines the enforcement of law against corporations responsible for environmental damage, focusing on the normative framework, practical challenges, and effectiveness of existing legal mechanisms. Using a normative juridical method, the research analyzes statutory regulations, legal doctrines, and relevant court decisions related to corporate criminal liability in environmental cases. The findings indicate that although Indonesian environmental law provides comprehensive instruments, including criminal, civil, and administrative sanctions, law enforcement remains suboptimal due to evidentiary difficulties, complex corporate structures, institutional limitations, and weak inter-agency coordination. These obstacles often reduce the deterrent effect of sanctions and hinder environmental restoration efforts. The study emphasizes the importance of strengthening institutional capacity, adopting a progressive judicial approach, and ensuring consistent enforcement to enhance corporate accountability. Effective enforcement of corporate liability is essential to safeguard environmental sustainability, protect public interests, and ensure justice for present and future generations
Hak atas Lingkungan Hidup yang Baik dan Sehat sebagai Hak Asasi Manusia: Tantangan Konstitusional dan Implementasinya di Indonesia Ulfi Dwiani; Windi Putri Oktapiani; Siti Ulfah Awaliyah; Jasmine Az-Zahra; Yoyoh
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/cgr51v94

Abstract

The right to a good and healthy environment has been universally recognized as an integral part of human rights (HAM), as affirmed in the Stockholm Declaration 1972, Rio Declaration 1992, and Article 28H paragraph (1) of the 1945 Constitution of Indonesia. This study analyzes the constitutional recognition of this right in Indonesia, the challenges in its implementation amid environmental degradation due to industrialization and urbanization, and its legal implications for human rights enforcement. Employing a normative juridical approach with analysis of international and national legal documents and a case study on the Citarum River pollution, the findings indicate that while normatively robust, this right remains weak in enforcement due to ineffective sanctions and poor inter-agency coordination. Reforms in human rights-based legislation and strengthening of environmental courts are recommended to realize a healthy environment as a substantive human right.
Peran Blue Diplomacy Indonesia dalam Konservasi Terumbu Karang di Segitiga Terumbu Karang (CTI) pada Tahun 2024- 2025 Azizah Fathiyyatul Fauji; Haura Nafisa Rachman; Shofianty Dewy; Syalwa Fadila Natasya; Diyah Pitaloka Rizki
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/wrdjn163

Abstract

This study aims to analyze Indonesia's role and contribution within the framework of the Coral Triangle Initiative on Coral Reefs, Fisheries, and Food Security (CTI-CFF) as a form of blue diplomacy in coral reef conservation efforts in the Coral Triangle region. The research method used is a qualitative approach with data collection techniques through literature studies, analysis of official CTI-CFF documents, Indonesian government policies, and reports from relevant international organizations. The data were analyzed descriptively and analytically using the perspectives of environmental diplomacy and regional cooperation. The results showed that Indonesia played a strategic role as a key country in the CTI-CFF through regional policy-making initiatives, the strengthening and expansion of marine conservation areas, increased research cooperation and scientific data exchange, and active diplomacy in various international forums related to marine issues and climate change. The implementation of Indonesia's blue diplomacy is also reflected in multi-stakeholder collaboration involving coastal communities, international institutions, the private sector, and the use of technology to support sustainable coral reef ecosystem management.
Analisis Hak dan Kewajiban Warga Negara dalam Bidang Pendidikan Sebagai Pondasi Keadilan Sosial Diva Rianita Putri Surinjaya; Jea Afiva; Sri Suparmi
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/vx9eyx33

Abstract

This study highlights the interrelationship between the right to education and the obligation to support its provision as a fundamental basis of social justice. Article 31 of the 1945 Constitution of the Republic of Indonesia guarantees the right to education while simultaneously stipulating the obligation to undertake basic education and assigning the state responsibility to provide adequate educational services. The study aims to analyze how the implementation of these rights and obligations influences the equitable distribution of access, the quality of education, and the realization of social justice, with a particular focus on three dimensions: the legal framework, inhibiting factors, and the impact of implementation on social justice. The methodology employed is a literature review of eleven scholarly articles published between 2020 and 2025. The findings indicate that inequalities in access to education persist due to geographical constraints, economic disparities, inadequate infrastructure, uneven teacher distribution, and low levels of public awareness. Government initiatives through inclusive policies and the Indonesia Smart Program have not yet achieved optimal effectiveness. This study affirms that social justice can only be realized when the right to education is equitably accessible, supported by the concerted efforts of government, communities, educational institutions, and learners. Inclusive, equitable, and high-quality education constitutes the principal foundation for a just society.
Pertanggungjawaban Pidana Korporasi atas Pencemaran dan Perusakan Lingkungan: Studi Normatif terhadap Prinsip Strict Liability di Indonesia Rafli Ramdani; Chandra Devaraihan Wahyudi; Sultan Novaliyana Putra
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: 10.65310/3ehsvm94

Abstract

Corporations play a vital role in economic development, yet massive industrialization often negatively impacts environmental sustainability. This article examines the legal construction of corporate criminal liability in environmental crimes in Indonesia. The research focuses on the paradigm shift from "societas delinquere non potest" to recognizing corporations as subjects of criminal law, as well as analyzing the application of Law No. 32 of 2009 concerning Environmental Protection and Management (UU PPLH) and Supreme Court Regulation (PERMA) No. 13 of 2016. The research method used is normative juridical. The discussion results indicate that corporate criminal liability is absolutely necessary to provide a deterrent effect and environmental remediation. The application of the Strict Liability principle and identification theory are crucial instruments for law enforcement to prosecute corporations, not only at the field operator level but also the directing mind or corporate management.
Pengelolaan Sampah dan Limbah B3 dalam Perspektif Hukum Lingkungan: Disharmonisasi Regulasi dan Tantangan Prinsip Kehati-hatian Syifa Sofia Agustin; Andini Nurul S; Garri Selastiani
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/psz79m75

Abstract

Environmental degradation resulting from the management of domestic waste and Hazardous and Toxic Waste (B3) has become an existential challenge for Indonesia in achieving its sustainable development goals. This article aims to conduct a critical review of the regulatory framework for waste and B3 management in Indonesia, particularly following the enactment of Law Number 11 of 2020 on Job Creation (now established under Law No. 6 of 2023) and its correlation with Law Number 32 of 2009 on Environmental Protection and Management (UU PPLH). The research method employed is normative legal research utilizing both a statute approach and a conceptual approach. The results of the study indicate that although Indonesia possesses a comprehensive set of legal instruments ranging from Government Regulation (PP) No. 22 of 2021 to specific regulations concerning medical and electronic waste there remains a disharmony between central and regional policies in field implementation. The primary critique in this article is directed at the paradigm shift from a stringent licensing system to a risk-based approach. The author argues that the relaxation of oversight in B3 waste disposal procedures has the potential to undermine the precautionary principle, which serves as a pillar of international environmental law.
Legality of Deed of Gift and Sale and Purchase of Sultan Ground Land: Normative Study of Notary Authority in Special Regions Etty Wahyuningsih
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/5bs81j28

Abstract

This study examines the authority of notaries in drafting deeds of gift and sale and purchase related to Sultan Ground land through a normative juridical approach. Sultan Ground land possesses a unique legal status under Indonesian agrarian law, which restricts the transfer of ownership rights. The analysis demonstrates that notaries are not authorized to draft authentic deeds implying the transfer of land rights over Sultan Ground, as such authority lacks a clear statutory basis. Notaries may only document legal acts related to land utilization or occupancy agreements that do not result in the transfer of ownership. Any expansion of notarial authority beyond these limits risks undermining legal certainty and distorting the function of authentic deeds within the legal system. Furthermore, deeds drafted outside the scope of lawful authority may be deemed legally flawed and expose notaries to administrative, civil, and ethical liability. Therefore, a restrictive interpretation of notarial authority is essential to maintain coherence between notarial law and agrarian law, as well as to ensure the validity and legal protection of land-related transactions involving Sultan Ground land.
Analisis Yuridis Sistem Pembuktian dalam Arbitrase Syariah di Indonesia: Perspektif Undang-Undang Nomor 30 Tahun 1999 dan BASYARNAS Lintang Mahapuan Syahbana Tarekat; Sheira Syaharani Kuan; Sawitri Yuli Hartati S
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/dhbn2944

Abstract

This research examines the evidentiary system in Islamic arbitration in Indonesia based on Law Number 30 of 1999 and the practice of the National Sharia Arbitration Board (BASYARNAS). The study aims to analyze the normative framework governing evidence in Islamic arbitration, the types and probative value of evidentiary instruments applied, and the legal standing of BASYARNAS within the national judicial system. Using normative juridical research methods, this study focuses on statutory regulations, doctrinal legal analysis, and the integration of Islamic legal principles with national arbitration law. The findings indicate that the evidentiary system in Islamic arbitration is characterized by procedural flexibility that allows arbitrators to prioritize substantive justice while remaining within the boundaries of positive law. Documentary evidence, witness testimony, expert opinions, party admissions, and electronic evidence are recognized and assessed through a combination of legal validity and Sharia-based ethical considerations. Furthermore, BASYARNAS holds strong legal legitimacy as an arbitration institution, supported by statutory recognition, regulatory frameworks, and its complementary relationship with the Religious Courts in the execution of arbitral awards. This integration strengthens Islamic arbitration as a credible and effective dispute resolution mechanism in Indonesia’s plural legal system.

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