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INDONESIA
Journal of Law, Society and Living Norms
Published by CV. Norma Global
ISSN : -     EISSN : 31232566     DOI : https://doi.org/10.66111
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Legal Studies and Interdisciplinary Research Constitutional Law and Constitutional Theory International Law and Global Governance Comparative Legal Systems Human Rights Law and Social Justice Corporate and Commercial Law Criminal Law and Justice Studies Civil Law and Private Law Legal Philosophy and Jurisprudence Law and Technology Environmental Law Legal Education and Methodology Interdisciplinary Legal Research Legal Culture and Customary Law Alternative and Medical Law Legal Pluralism Socio Legal Studies Sociological Jurisprudence Law and Artificial Intelligence Law and Cyber Crime
Arjuna Subject : Ilmu Sosial - Hukum
Articles 27 Documents
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Legal Policy on the Law Enforcement of Personal Data Protection in Indonesia Yoshua Yudha Octavianus; Ervin Kurniawan
Journal of Law, Society and Living Norms Vol. 1 No. 3 (2026): April 2026
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/m8x80p84

Abstract

The constitutional guarantee of privacy under Article 28G of the 1945 Constitution obliges the Indonesian state to construct an effective legal and institutional framework for personal data protection, particularly amid the rapid expansion of electronic commerce and digital economic activity. Prior to the enactment of Law Number 27 of 2022 on Personal Data Protection, Indonesia’s regulatory regime was characterized by fragmented sectoral provisions that weakened supervisory coordination and limited enforcement consistency. Employing normative legal research through statute and conceptual approaches, this study examines the legal policy underlying the formation and enforcement architecture of personal data protection law. The analysis demonstrates that although Law Number 27 of 2022 consolidates substantive obligations for Personal Data Controllers and aligns Indonesia with internationally recognized data protection principles, structural challenges remain within its institutional design, especially concerning supervisory independence and enforcement capacity. Comparative evaluation with Singapore and Malaysia indicates that effective data protection depends not merely on statutory harmonization but on institutional autonomy and operational clarity. The study concludes that the realization of constitutional privacy rights in Indonesia ultimately requires sustained political commitment to institutional consolidation and consistent enforcement within the evolving digital governance landscape.
Regulatory Sandbox as a Hybrid Legal Policy Instrument: Recalibrating Legal Certainty and Financial Sector Growth in Indonesia Sandhi B Permana; Yosua Hia
Journal of Law, Society and Living Norms Vol. 1 No. 3 (2026): April 2026
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/5p7ncb82

Abstract

The expansion of financial technology in Indonesia has required regulatory adaptation capable of reconciling innovation with legal certainty and prudential supervision. The regulatory sandbox introduced under OJK Regulation Number 3 of 2024 operates as a structured and time-bound experimentation mechanism embedded within statutory authority under Law Number 21 of 2011 and Law Number 4 of 2023. This article examined the sandbox as a hybrid legal policy instrument and evaluated its implications for legal certainty and financial sector development. Employing a normative juridical approach supported by statutory and conceptual analysis, the study assessed the procedural architecture of the sandbox and incorporated descriptive sectoral data relating to Financial Sector Technology Innovation providers and asset growth. The findings indicated that the sandbox recalibrated legal certainty through codified eligibility standards, sequenced supervisory stages, and defined exit determinations. Empirical developments demonstrated that sandbox institutionalization coincided with increased institutional integration and measurable sectoral expansion, although no direct causal inference was asserted. Governance risks, including supervisory discretion and digital asset volatility, underscored the necessity of transparent administration and sustained consumer protection safeguards. The Indonesian regulatory sandbox therefore reflected a hybrid governance model integrating adaptive flexibility with formal oversight within rule-of-law parameters.
The Status Quo of Corruption Eradication in Indonesia: Reinterpreting Friedman’s Legal System Theory in the Era of the New Criminal Code Taufik Tri Prabowo; Marnija; Raden Ferdiandra Defry Yusdanial; Hans Karyose; Muhammad Anshari
Journal of Law, Society and Living Norms Vol. 2 No. 1 (2026): August 2026
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/j8nmvj63

Abstract

Corruption remains one of the most persistent structural challenges in Indonesian governance. Despite a relatively dense anti-corruption legal architecture, the Indonesian anti-corruption regime has not produced consistent and transformative results. This article examined the status quo of corruption eradication in Indonesia through Lawrence M. Friedman's legal system theory, focusing on the interaction among legal substance, legal structure, and legal culture. Using normative juridical research supported by conceptual, statutory, and systems-oriented analysis, the study assessed the implications of the recodification of corruption offences in Law Number 1 of 2023 on the Criminal Code, the fragmentation of institutional mandates among the Corruption Eradication Commission, the Attorney General's Office, and the National Police, and the persistence of permissive social attitudes toward corrupt practices. The findings showed that each component of Friedman's legal system exhibits a distinct dysfunction that reinforces the others, producing a feedback loop in which formal anti-corruption instruments fail to generate substantive change. The article concluded that sustainable corruption eradication requires simultaneous harmonisation of legal norms, coordinated institutional reform, and transformation of public integrity culture.
Trial by Social Media and the Transformation of Legal Culture in Indonesian Criminal Justice Fransiskus Lature; Badrunsyah
Journal of Law, Society and Living Norms Vol. 2 No. 1 (2026): August 2026
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/1d6nmg62

Abstract

The rapid expansion of social media has transformed public participation in Indonesia's criminal justice system. Digital platforms no longer function solely as channels for communication but have also become spaces where public opinion is formed and judgments regarding criminal cases are expressed before judicial proceedings are concluded. This phenomenon, commonly referred to as trial by social media, raises significant concerns regarding the presumption of innocence, due process of law, and judicial independence. This study examines how trial by social media has transformed legal culture within the Indonesian criminal justice system. Employing normative legal research, this article adopts statutory, conceptual, and case approaches by analysing relevant legislation, legal principles, selected criminal cases, and contemporary legal scholarship. The study argues that social media has altered legal culture by shifting public trust from formal judicial institutions toward digital public opinion, thereby increasing pressure on law enforcement authorities and influencing perceptions of justice. The findings demonstrate that the transformation of legal culture requires a balanced legal response that preserves public participation while safeguarding fundamental principles of criminal justice. Strengthening digital legal awareness and reinforcing due process are essential to maintaining the legitimacy and integrity of Indonesia's criminal justice system.
The Politics of Indigenous Territory Recognition in Indonesia: Reassessing the Fragmented Legal Architecture of Constitutional and Administrative Recognition Koes Andayani
Journal of Law, Society and Living Norms Vol. 2 No. 1 (2026): August 2026
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/14xr7724

Abstract

Recognition of Indigenous territories in Indonesia is constitutionally guaranteed under Articles 18B paragraph (2) and 28I paragraph (3) of the 1945 Constitution. Effective implementation, however, remains constrained by fragmented administrative mechanisms operating across multiple sectoral legal regimes. Existing scholarship has largely examined constitutional recognition and administrative recognition separately, leaving their legal relationship and institutional interaction insufficiently explored. Using normative legal research with statutory, conceptual, and historical approaches, this article analyses constitutional provisions, legislation, Constitutional Court decisions, and implementing regulations while incorporating empirical evidence published by the Indigenous Territory Registration Agency (BRWA) to examine the implementation of indigenous territory recognition. The findings demonstrate that constitutional recognition establishes Indigenous Peoples as holders of constitutionally protected collective rights, whereas administrative recognition functions solely as the mechanism for implementing those rights. Empirical evidence further reveals a substantial disparity between the registration, verification, and certification of indigenous territories, indicating that constitutional recognition has not been accompanied by an integrated administrative recognition system. Legal fragmentation arises from the absence of institutional coordination, harmonised verification standards, and integrated legal consequences across sectoral governance regimes. This study proposes an integrated legal architecture that distinguishes constitutional recognition from administrative recognition while harmonising administrative implementation through coordinated verification and mutual administrative recognition across sectoral legal regimes, thereby strengthening legal certainty for indigenous territories in Indonesia.
The Transformation of Criminal Law Paradigm in Handling Parental Abduction in Indonesia Khalid Akbar
Journal of Law, Society and Living Norms Vol. 2 No. 1 (2026): August 2026
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/k5zqsn69

Abstract

Parental abduction had become an increasingly significant legal issue in Indonesia following the growing number of child custody disputes after divorce. Despite its prevalence, Indonesian criminal law had not specifically regulated parental abduction, resulting in inconsistent interpretation of Article 330 paragraph (1) of the Indonesian Criminal Code, particularly regarding the criminal liability of biological parents. This study examined the juridical interpretation of Article 330 paragraph (1) following Constitutional Court Decision Number 140/PUU-XXI/2023, analysed its implications for the transformation of Indonesia's criminal law paradigm, and proposed an integrated institutional framework for strengthening child protection. A normative legal research method employing statute and case approaches was applied and supported by empirical findings obtained through interviews. The study demonstrated that Constitutional Court Decision Number 140/PUU-XXI/2023 reconstructed the interpretation of Article 330 paragraph (1) by recognising lawful custody rather than biological parenthood as the principal basis of criminal liability. The findings also showed a transition from a parent-centred and formalistic approach towards a child-centred and constitutionally oriented criminal law paradigm. An Integrated National Identification Number (NIK)-Based Legal Framework was proposed to strengthen institutional coordination, improve legal certainty, and enhance the protection of children's rights in parental abduction cases.
Recognition and Protection of Indigenous Communities under Minister of Home Affairs Regulation Number 52 of 2014: Problems of Implementation at the Local Level A. Ilham Saputra; Burhanudin Yusuf
Journal of Law, Society and Living Norms Vol. 2 No. 1 (2026): August 2026
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/8wpt4017

Abstract

Recognition and protection of Indigenous Communities in Indonesia depend on the extent to which constitutional recognition is translated into effective legal and administrative mechanisms at the local level. Minister of Home Affairs Regulation Number 52 of 2014 establishes a recognition mechanism through identification, verification and validation, recommendation, and determination by the competent local government. This study examines the recognition and protection mechanism under Minister of Home Affairs Regulation Number 52 of 2014 and analyses the institutional and regulatory factors affecting its implementation at the local level. The study employs normative legal research using statutory, conceptual, and case approaches. Primary and secondary legal materials are analysed qualitatively and prescriptively through Legal Effectiveness Theory and Legal System Theory. The analysis identifies institutional capacity, the functioning of Indigenous Community Committees, evidentiary requirements, local government decision-making, and fragmented regulatory arrangements as the principal implementation issues documented in the reviewed cases and literature. The analysis further demonstrates that recognition of an Indigenous Community does not necessarily result in comprehensive protection of customary rights when the recognition process remains disconnected from regulatory regimes governing customary land, forestry, customary villages, and spatial planning. Accordingly, the study proposes strengthening procedural certainty, institutional capacity, community participation, supervision, cross-sectoral coordination, and regulatory synchronization to ensure that formal recognition can serve as a coherent legal basis for the continuing protection of Indigenous Communities and their traditional rights.

Page 3 of 3 | Total Record : 27

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