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Rule of Law Studies Journal
Published by CV. Dyoqu Management and Publishing
ISSN : -     EISSN : 31093450     DOI : https://doi.org/10.64780/rolsj
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Rule of Law Studies [e-ISSN: 3109-3450] is a peer-reviewed scientific journal dedicated to publishing original research articles, literature reviews, and conceptual papers in the field of law and public policy. The scope of the journal includes studies on the principles of the rule of law, the judicial system, human rights, legal reform, legal philosophy, constitutional law, criminal law, civil law, as well as the interrelationship of law with social, political and cultural issues. Rule of Law Studies aims to be a scientific forum for academics, researchers, policy makers, and legal practitioners to exchange critical thoughts and research results that can strengthen theoretical understanding and application of the principles of the rule of law in various national and international contexts, especially in developing and multicultural countries such as Indonesia. The journal is published quarterly or four times a year (March, June, September and December) and accepts manuscripts written in English. All submitted manuscripts will go through a rigorous peer-review process to ensure academic quality, relevance and originality.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
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Evidentiary Status of Crown Witnesses in Indonesia’s Anti-Corruption Proceedings: Legal Challenges and Human Rights Implications Dwi Noviani Putri; Sumaidi; Nur Fauzia; Abdul Qadir Jaelani
Rule of Law Studies Journal Vol. 1 No. 3 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i3.90

Abstract

Background:  In corruption trials in Indonesia, the reliance on crown witnesses is widely debated. Their testimony may fill evidentiary gaps, yet the lack of explicit rules in KUHAP raises serious concerns about fairness and the protection of defendants’ rights. Aims: This paper examines how crown witnesses are positioned as evidence in anti-corruption proceedings, explores the legal complexities of their use, and considers the broader consequences for fair trial principles and human rights. Methods: Using a normative juridical approach, the study reviews KUHAP, the Anti-Corruption Law (Law No. 31/1999), and selected court cases. It also draws on academic literature and expert opinions to provide comparative insights into judicial practice. Result: The findings suggest that crown witness testimony, once given under oath, formally carries the same weight as ordinary witnesses. However, credibility issues persist, particularly when corroborating evidence is lacking, which risks undermining the presumption of innocence and creating conflicts among co-defendants. Courts often admit such testimony to address evidentiary shortages, but this practice places justice and human rights in delicate balance. Conclusion: While crown witness testimony can strengthen corruption cases, its unregulated use threatens fair trial guarantees. Clear legislative guidance is urgently needed to safeguard due process, harmonize practice with international human rights norms, and reinforce public confidence.
Criminal Responsibility of Drivers under Narcotics Influence in Fatal Road Accidents: An Indonesian Legal Study Rini Aulia; Anggreni Atmei lubis; Nanang Tomi Sitorus
Rule of Law Studies Journal Vol. 1 No. 3 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i3.91

Abstract

Background: In recent years, Indonesia has faced a worrying rise in fatal road accidents caused by drivers under the influence of narcotics, bringing urgent questions about accountability before the law. Aims: This paper examines how criminal responsibility is applied to drivers involved in such cases. It aims to assess whether Indonesia’s legal provisions, particularly the Road Traffic and Transportation Law and the Narcotics Law, provide a consistent and fair basis for imposing sanctions, and whether these sanctions reflect the principles of justice and deterrence. Methods: The research relies on a normative juridical approach, combining statutory interpretation with an analysis of selected court rulings. The focus lies on identifying how judges frame liability in fatal traffic accidents where narcotics abuse is a contributing factor. Results: The study shows that offenders are subject to cumulative liability, facing penalties under both traffic regulations and narcotics legislation. Sanctions may include imprisonment, fines, and license suspension or revocation. However, a closer look at judicial practice reveals uneven patterns: while some courts lean toward punitive measures to deter future violations, others stress rehabilitation as a corrective pathway. Conclusion: Although Indonesia’s dual legal framework recognizes the seriousness of narcotics-related road deaths, the lack of consistent judicial reasoning creates uncertainty. A clearer alignment between traffic and narcotics laws is needed to ensure justice is served, while at the same time reinforcing road safety and reducing repeat offenses.
Reconfiguring the Legal Standing of Baitul Maal wat Tamwil: Examining the Tension between Cooperative and Corporate Models in Indonesia Novi Kusumawati; Barhanudin Harahap
Rule of Law Studies Journal Vol. 1 No. 3 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i3.92

Abstract

Background; Baitul Maal wat Tamwil (BMT) plays a dual role by combining community welfare with financial services. The enactment of the 2013 Microfinance Law, however, obliges BMT to operate either as a cooperative or a limited company, producing uncertainty about its legal foundation. Aims; This paper seeks to clarify the legal position of BMT and to assess how this regulatory demand influences its original character and the development of Islamic microfinance in Indonesia. Methods; Using a normative juridical method, the study reviews statutory provisions, legal doctrines, and academic debates. The comparison of cooperative and corporate frameworks with Islamic financial principles is used to highlight regulatory gaps and tensions. Result; The findings suggest that the cooperative option preserves BMT’s communal values, while the corporate path offers efficiency and capital access. Both, nevertheless, may undermine the institution’s hybrid nature as a socio-financial body. Conclusion; The study concludes that BMT faces an unresolved tension between legal compliance and mission continuity. To maintain its distinctive role, policymakers should craft regulations that acknowledge BMT’s hybrid identity and strengthen its contribution to inclusive economic growth.
Democracy and the Political Rights of Former Prisoners in Indonesia: A Legal Perspective Alfian Widyatama; Isharyanto Isharyanto; Adriana Grahani Firdausy
Rule of Law Studies Journal Vol. 1 No. 3 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i3.93

Abstract

Background; Debate persists over whether former prisoners may stand in Indonesia’s local elections; Constitutional Court Decision No. 42/PUU-XIII/2015 reshapes the line between electoral integrity and rights protection. Aims; To unpack the Court’s reasoning and assess how it protects ex-prisoners’ political rights while maintaining the credibility of local democratic contests. Methods; Normative juridical study employing doctrinal analysis of the 1945 Constitution, pertinent statutes, and Decision No. 42/PUU-XIII/2015, read alongside scholarly commentary and case-based interpretation. Result; The Court positions political participation as a basic right that cannot be curtailed arbitrarily, yet allows narrowly tailored, proportionate limits to deter abuse and uphold ethical governance. The ruling refines candidacy criteria, improves legal certainty, and aligns practice with justice, proportionality, and inclusive democracy. Conclusion; By recognizing conditional eligibility for ex-prisoners, the Court advances democratic inclusion without diluting electoral standards, offering a pragmatic constitutional pathway for balancing rights and good governance in Indonesia’s local elections.
Tracing the Dynamics of Land Corruption Investigations in Indonesia: A Case Study from Kuantan Singingi Nasrizal Nasrizal; Zul Akrial; Riadi Asra Rahmad
Rule of Law Studies Journal Vol. 1 No. 3 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i3.94

Abstract

Background; Corruption in Indonesia’s land sector undermines public confidence, with overlapping rules creating obstacles for fair investigation and prosecution. Aims; This research examines how land-related corruption is investigated by the District Prosecutor’s Office in Kuantan Singingi. It aims to evaluate the adequacy of the legal framework while also identifying the main difficulties encountered in practice. Methods; The study applies a normative juridical method combined with a case study approach. Sources include statutory regulations, court rulings, and interviews with prosecutors and legal professionals. A qualitative analysis was carried out to assess how far the written laws align with the realities of enforcement on the ground. Result; The findings indicate that although Indonesia has comprehensive legal instruments to address corruption in land affairs, their application remains inconsistent. Investigators face problems such as limited institutional resources, challenges in proving manipulation of land certificates, and external pressures from political or economic actors. These issues tend to reduce prosecutorial effectiveness and slow the resolution of cases. Conclusion; The Kuantan Singingi experience illustrates wider systemic weaknesses in Indonesia’s anti-corruption framework. Building stronger institutional capacity, harmonizing land regulations, and ensuring transparency in prosecutorial practices are necessary steps to improve the integrity and effectiveness of land corruption investigations.
Justice Beyond Legal Formalism: A Maslahah-Oriented Reading of Criminal Law Enforcement in Indonesia through Rawls and Hamka Moh Safik; Mu’tashim Billah
Rule of Law Studies Journal Vol. 1 No. 4 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i4.167

Abstract

Background: Criminal law enforcement in Indonesia is still widely understood as a matter of procedural compliance and formal proof, while the dimension of justice experienced by society often remains marginal. Aims: This article aims to reread criminal law enforcement by positioning maslahah as an evaluative horizon and placing it in dialogue with the ideas of justice developed by John Rawls and Buya Hamka, in order to articulate a more humane and equitable normative direction. Methods: This study adopts a qualitative normative–philosophical approach based on library research. The analysis draws on major works by Rawls and Buya Hamka, supported by literature on criminal law enforcement and maslahah theory. Analytical reasoning is guided by the concepts of maslahah mursalah and maslahah mu‘tabarah to assess legal objectives, public benefit, and potential harm within criminal law practices. Result: The analysis reveals that criminal law enforcement in Indonesia tends to prioritize procedural legality and punishment, while insufficiently addressing the protection of vulnerable groups and the restoration of social balance. A maslahah-oriented reading highlights the need to consider public benefit, harm prevention, and the safeguarding of human dignity as more adequate criteria for evaluating criminal law enforcement. Conclusion: Moving beyond legal formalism requires an ethical framework capable of bridging distributive justice and conscience-based justice. Anchored in maslahah, the conceptual dialogue between Rawls and Hamka provides a normative foundation for strengthening substantive justice and enhancing the legitimacy and public trust of Indonesia’s criminal justice system.
Beyond Procedural Correctness: Legal Formalism and the Search for Justice in Indonesian Criminal Law Luthfia Rahmadani; Wahidin Wahidin
Rule of Law Studies Journal Vol. 1 No. 4 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i4.168

Abstract

Abstrak Background: Indonesian criminal law enforcement frequently privileges procedural accuracy as the clearest sign of justice. Yet decisions that satisfy formal requirements may still be experienced as unfair when they disregard social context and the substance of harm. Aims: This article explores how a procedure-centered mindset narrows the meaning of justice in Indonesian criminal law and considers how restorative justice can help broaden justice beyond a strictly formal reading of legality. Methods: The study uses normative legal research with a conceptual and analytical design. Statutory provisions, doctrinal reasoning, and key scholarly debates are examined through close legal interpretation and critical assessment to map the effects of formalism and to situate restorative justice as a justice-oriented framework. Result: The analysis indicates that an overreliance on procedural correctness can turn criminal law into an exercise in compliance, where legality is treated as an endpoint rather than a means to achieve fairness. In this setting, the interests of victims, offenders, and communities risk being handled in a fragmented way, because the process is valued more than the repair of harm. Read as a framework rather than a mere policy tool, restorative justice offers a way to reconnect accountability with relationships, context, and proportional outcomes. Conclusion: The article argues that justice in Indonesian criminal law cannot be exhausted by procedural validity alone. A more adequate approach requires interpretation that is attentive to social realities, with restorative justice functioning as a conceptual bridge toward substantive justice.    
Legal Certainty and the Protection of Street Children: A Socio-Legal Inquiry into Local Governance in Indonesia Aliffi’a Kursiya Jamil; Afrik Yunari
Rule of Law Studies Journal Vol. 1 No. 4 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i4.169

Abstract

Abstrak   Background: Street children’s protection is often discussed as if good regulations are enough, yet legal certainty rarely follows from text alone. In Indonesia, local governments are expected to convert child protection mandates into routine safeguards while facing capacity constraints, coordination frictions, and entrenched social vulnerability. Aims: This study explores how legal certainty is formed in everyday governance practices related to the protection of street children in Indonesia. It considers whether legal certainty functions as a dependable guarantee of rights or remains contingent on institutional choices and implementation patterns. Methods: A socio-legal approach was adopted by linking normative analysis of statutes, local regulations, and policy documents with empirical inquiry. The empirical component was developed through qualitative interviews and observation involving local government personnel engaged in child protection services and other relevant stakeholders, allowing the study to read legal promises alongside administrative practice. Result: The findings indicate that predictability in protection is shaped more by procedural consistency, coordination, and follow-through than by the wording of norms. Local frameworks commonly require mechanisms such as structured case recording, round-the-clock complaint channels, temporary shelters, and rehabilitation or care facilities, yet these measures are applied unevenly across cases. Variation in coordination and shifting priorities weakens the practical certainty that street children can expect when seeking protection and services. Conclusion: Legal certainty in this field should be understood as a governance outcome produced through institutional action, not merely as an attribute of written law. Strengthening it calls for tighter institutional alignment, clearer implementation pathways, and accountable mechanisms that are responsive to social vulnerability.  
Moral Authority of Procedure and Recidivism: Reassessing the Limits of Restorative Justice in Criminal Law Dwi Belqis Apriliarista Devi; Alfons Zakaria
Rule of Law Studies Journal Vol. 1 No. 4 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i4.170

Abstract

Abstrak Background: Restorative justice is intended to repair harm and offer a credible alternative to routine punitive responses, yet its practice is often narrowed by procedural eligibility rules that come to be treated as the measure of justice itself. A recurring illustration is the blanket exclusion of repeat offenders from restorative pathways. Aims: This article re-examines whether recidivism should legitimately limit access to restorative justice, and asks whether such exclusions align with restorative aims or instead reflect a proceduralist bias that weakens equality before the law and victim-oriented resolution. Methods: Using a normative juridical design, the study combines statutory and conceptual approaches. It analyzes primary legal instruments governing restorative justice across the stages of investigation, prosecution, and adjudication, and reads them against doctrinal interpretation and key theoretical discussions on procedural justice, substantive justice, and restorative justice. Result: The findings suggest that recidivism-based restrictions frequently function as gatekeeping devices that privilege formal order and institutional convenience over contextual judgment about harm, accountability, and meaningful victim participation. As procedure is elevated into moral legitimacy, restorative justice risks being reduced to a compliance model, while the aims of reintegration and the prevention of recurrence receive limited space. Conclusion: Recidivism should not operate as an automatic disqualifier for restorative justice. A more principled framework would shift from rigid procedural exclusions to case-sensitive assessment centered on harm repair, responsibility, and social restoration.
Reconsidering Racial and Ethnic Discrimination in Indonesia’s Criminal Law Reform from an Islamic Human Rights Perspective Marfu’ah Latifatuzzahro; Eva Mir’atun Niswah
Rule of Law Studies Journal Vol. 1 No. 4 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i4.171

Abstract

Abstrak Background: Indonesia’s 2023 Criminal Code introduces explicit criminal provisions on racial and ethnic discrimination in a diverse society where identity based conflict has not disappeared. The reform, however, still invites debate on whether it offers real safeguards for victims or mainly reinforces equality in formal terms. Aims: This article revisits the construction and punishment of racial and ethnic discrimination in KUHP 2023, focusing on Articles 244 and 245, and tests their normative coherence against Islamic human rights principles. Methods: Using normative doctrinal analysis and a statute approach, the study examines KUHP 2023 in relation to the previous KUHP framework and Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination. The discussion draws on scholarly literature and evaluates definitions, scope, and sanction design through Islamic principles of human dignity, equality, justice, freedom, peace, and social security. Result: KUHP 2023 strengthens recognition of discriminatory conduct and treats discriminatory motives as relevant to sentencing, including through aggravation where serious offences are involved. At the same time, the offence design remains comparatively narrow and the penalty scale may be insufficient to deter conduct that produces broader social harm. From an Islamic human rights perspective, the provisions reflect dignity and equality, yet they require a clearer orientation toward victim protection and substantive justice. Conclusion: The reform is an important advance, but further doctrinal refinement is needed so anti discrimination rules operate as effective protections consistent with Islamic human rights values, not merely as symbolic prohibitions.  

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