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M. Reza Saputra
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INDONESIA
Journal of Law, Human Rights, Immigration, and Corrections
Published by Yayasan Cerdas Pedia Indonesia
ISSN : -     EISSN : 31235778     DOI : https://doi.org/10.65101/lawric
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Law, Human Rights, Immigration, and Corrections (LAWRIC) is a peer-reviewed academic publication that brings together interdisciplinary research and critical scholarship on legal frameworks, human rights issues, migration studies, and correctional systems. Issued three times a year in February, June, and October the journal features original empirical studies, theoretical analyses, policy evaluations, and comparative perspectives aimed at advancing understanding of law’s role in protecting individual rights, regulating cross-border movement, and reforming correctional practices. By welcoming contributions from scholars, practitioners, and policymakers worldwide, the journal fosters rigorous dialogue on emerging challenges and best practices across its four focal areas, without focusing on a specific theme for each issue.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
 1   2 
Motivation and Impact of Unregistered Marriage among the Community of Sukaramah Village, Panyipatan District, Tanah Laut Regency: Motivasi Dan Dampak Nikah Sirri Masyarakat Desa Sukaramah Kecamatan Panyipatan Kabupaten Tanah Laut Ma’ruf Zaki Murtadho
Journal of Law, Human Rights, Immigration, and Corrections Vol. 1 No. 1 (2025): Journal of Law, Human Rights, Immigration, and Corrections
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/lawric.v1i1.101

Abstract

This study examines the motivations and social impacts of unregistered marriage (nikah sirri) among the community of Sukaramah Village, Panyipatan District, Tanah Laut Regency. Nikah sirri is a marriage conducted according to Islamic law but not officially registered with the state, resulting in no legal recognition under national marriage laws. Using a qualitative descriptive approach, data were collected through interviews, observation, and documentation involving community members, religious leaders, and local officials. The findings highlight key motivations including financial constraints, avoidance of bureaucratic procedures, parental disapproval, polygamous intentions, and lack of legal awareness. Despite its religious validity, nikah sirri exposes participants especially women and children to legal vulnerabilities, inheritance disputes, and limited access to public services. The study concludes nikah sirri is shaped by a complex interaction of religious beliefs, social norms, and legal understanding. It recommends enhanced community education, facilitated access to marriage registration, and stronger cooperation between religious and government institutions to reduce unregistered marriages.
Evaluation of the Implementation of Law No. 17 of 2008 Concerning Shipping in Relation to National Maritime Security: Evaluasi Implementasi Undang-Undang No. 17 Tahun 2008 Tentang Pelayaran Terhadap Keamanan Maritim Nasional Nurhalisa Kasim; Moh. Bayu Saputra; Melki Kadullah; Vira Auliya Juliharto; Nurjannah D. Buhungo
Journal of Law, Human Rights, Immigration, and Corrections Vol. 1 No. 1 (2025): Journal of Law, Human Rights, Immigration, and Corrections
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/lawric.v1i1.103

Abstract

Evaluation of the implementation of Law No. 17 of 2008 on shipping shows the importance of the role of shipping law in maintaining national maritime security and sovereignty. As a strategic archipelagic country, Indonesia needs a shipping system that is safe, efficient, and in line with international law such as SOLAS 1974, UNCLOS 1982, and SUA Convention 1988. Normatively, this law has provided a strong legal basis for ship safety, water surveillance, and maritime law enforcement. However, its implementation is still constrained by coordination between institutions, limited resources, and weak supervision. The nine-dash line case in the North Natuna Sea shows the urgency of consistently applying shipping laws to protect national sovereignty. Institutional strengthening and inter-agency synergies are needed to improve the effectiveness of the implementation of shipping law and build a resilient and competitive maritime system.
Analysis of Physical Violence Practices as a Violation of the Right to Security in Legal and Human Rights Perspectives: Analisis Praktik Kekerasan Fisik Sebagai Pelanggaran Hak Atas Rasa Aman dalam Perspektif Hukum dan HAM Risman Setiawan; Hardianto
Journal of Law, Human Rights, Immigration, and Corrections Vol. 1 No. 1 (2025): Journal of Law, Human Rights, Immigration, and Corrections
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/lawric.v1i1.113

Abstract

This research examines assault and violations of the right to personal security from the perspective of national law and human rights principles, focusing on practices of physical violence. The violation of the right to personal security represents a concrete manifestation of assault that not only causes physical harm to victims but also entails psychological and social consequences. Employing a normative-juridical approach with legal document analysis methodology including statutes, court decisions, and international human rights instruments this study demonstrates that physical violence often occurs due to weak law enforcement, inadequate victim protection, and insufficient understanding of human rights principles by law enforcement authorities. The research emphasizes the critical importance of harmonizing national criminal law with international human rights standards to ensure effective protection of individuals from assault and violence. This comprehensive protection framework must integrate criminal law, human rights law, social protection, public education, and technological mechanisms to secure the fundamental right to personal security guaranteed by both the Constitution and international law.
Civil Society As Constitutional Guardians: Comparative Analysis And Indonesian Prospects: Masyarakat Sipil sebagai Penjaga Konstitusi: Analisis Perbandingan dan Prospek Indonesia M. Reza Saputra
Journal of Law, Human Rights, Immigration, and Corrections Vol. 1 No. 1 (2025): Journal of Law, Human Rights, Immigration, and Corrections
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/lawric.v1i1.114

Abstract

This study examines civil society organizations (CSOs) as constitutional guardians in Indonesia through comparative constitutional analysis. Although prior scholarship has documented procedural aspects of constitutional complaints, the participatory dynamics through which CSOs strengthen constitutional accountability remain underexplored. Employing normative legal-juridical methodology and comparative law analysis, this research examines CSO engagement models in South Korea, South Africa, and Germany to derive lessons for Indonesia's constitutional system. The study identifies institutional and procedural barriers impeding optimal CSO participation, including limited legal standing and high access costs. Empirical findings demonstrate that CSOs significantly influence constitutional courts by expanding access to justice, contributing expertise, and catalyzing jurisprudential innovation. In Indonesia, the emerging amicus curiae practice signals potential for deeper CSO involvement; however, structural constraints remain. This study concludes that comprehensive institutional reform is imperative. Key recommendations include formalizing CSO standing through Constitutional Court Law amendments and lowering access barriers to strengthen participatory democracy and safeguard citizens' constitutional rights.
The Failure to Execute Inkracht Verdicts: Political Protection, Legal Manipulation, and the Erosion of the Rule of Law: Gagalnya Eksekusi Putusan Inkracht: Proteksi Politik, Manipulasi Hukum, dan Erosi Wibawa Negara Hukum Fahriza Hafiz
Journal of Law, Human Rights, Immigration, and Corrections Vol. 1 No. 1 (2025): Journal of Law, Human Rights, Immigration, and Corrections
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/lawric.v1i1.115

Abstract

This study critically analyzes the failure to execute a final and binding criminal verdict (inkracht) in Indonesia, focusing on the high-profile case of Silfester Matutina (Supreme Court Decision No. 287 K/Pid/2019). Despite the verdict's finality since 2019, its non-execution until 2025 a six-year delay represents a fatal legal anomaly. Employing Gustav Radbruch’s Trias of Legal Values, the analysis reveals that the core principles of Legal Certainty (Rechtssicherheit) and Justice (Gerechtigkeit) have been subverted by a distorted notion of Expediency (Zweckmäßigkeit) serving political or group interests. The failure by the Prosecutor's Office to immediately execute the condemnatoir judgment, coupled with the erroneous tolerance of a non-suspensory appeal (Peninjauan Kembali), points to institutional collusion and political protection. The appointment of the convicted person as a BUMN Commissioner further exemplifies this 'sharp downwards, blunt upwards' justice. This systemic failure erodes judicial authority, undermines the rule of law, and creates a precedent of impunity, necessitating urgent institutional reform and strict accountability for state law enforcement.
Implementation Challenges of the New Criminal Code for Victim Protection: A Restorative Justice Perspective Raden Azhari Setiadi; David Bani Adam; Nur Baiti Rahman; Muhammad Ruslan Afandi
Journal of Law, Human Rights, Immigration, and Corrections Vol. 1 No. 2 (2026): Journal of Law, Human Rights, Immigration, and Corrections
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/lawric.v1i2.162

Abstract

The implementation of the new Criminal Code (KUHP) in Indonesia presents major challenges in protecting crime victims, especially due to regulatory inconsistencies, disharmony among law enforcement agencies, and limited understanding of Restorative Justice principles. This study analyzes both normative and empirical aspects while offering more humanistic, restorative justice-based solutions. The research method is normative juridical, using statutory and case approaches. Findings indicate that regulatory harmonization, active involvement of victims and the community, strengthening judges’ roles, and improving education and capacity building for relevant institutions are key steps for optimizing victim protection. Additionally, developing technical guidelines for Restorative Justice implementation and increasing synergy law enforcement main recommendations. Empowering victims with information access and psychological support is also essential for optimal recovery. The conclusion emphasizes need for comprehensive, cross-sectoral collaboration and ongoing evaluation to ensure effective, fair, and truly victim-oriented application of Restorative Justice in the era of the new Criminal Code.
Juridical Analysis Related to Freeze Contract Clause in E-Sport Career Employment Agreement in Indonesia Harun Setiawan Hatibie; Weny Almoravid Dungga; Nurul Fazri Elfikri
Journal of Law, Human Rights, Immigration, and Corrections Vol. 1 No. 2 (2026): Journal of Law, Human Rights, Immigration, and Corrections
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/lawric.v2i1.182

Abstract

The e-sports industry in Indonesia is fostering professional relationships between athletes and team management through work agreements. However, the lack of specific legal frameworks has led to concerning contractual clauses, notably the freeze contract clause, which allows team management to indefinitely suspend an athlete's contract while preventing them from pursuing professional opportunities. This study examines the implications of such clauses on athletes' rights and welfare, utilizing normative legal research with legislative and conceptual methodologies. The findings indicate that while the freeze contract is rooted in the freedom of contract principle, it often lacks good faith and balance, resulting in potential bargaining inequalities, loss of wages, and career sustainability issues for athletes. Consequently, there is a pressing need for more precise regulations and contractual guidelines from e-sports institutions to enhance legal protection and equitable welfare for athletes.
Legal Consequences Of Unilaterally Canceling A Music Concert Ticket Contract Hussein Alaydrus; Mutia Cherawaty Thalib; Nurul Fazri Elfikri
Journal of Law, Human Rights, Immigration, and Corrections Vol. 1 No. 2 (2026): Journal of Law, Human Rights, Immigration, and Corrections
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/lawric.v2i1.184

Abstract

Unilateral cancellations of music concerts by promoters significantly harm consumers, particularly with the rise of digital ticket sales. This article examines the legal implications of such cancellations and the liability of promoters for consumer losses. It utilizes normative legal research methods focusing on legislation and concepts. Findings indicate that unilateral cancellations may constitute a default on ticket sales contracts and could breach consumer protection rules if transparent information and proper compensation are not provided. A promoter’s liability may only be dismissed under force majeure if it can be proportionately proven. Consumers can seek remedies including ticket price refunds and compensation for tangible and intangible losses. The enforcement of consumer rights through non-litigation and litigation avenues is also discussed, alongside a recommendation for stricter consumer protection standards in concert organization to avert future issues.
Perselisihan Waris dan Validitas Surat Keterangan Hibah: Kajian Hukum dalam Penyelesaian Sengketa Akbar Hidayatullah Daud; Agung Prayuda Yahya; Muhammad Khairun Kurniawan Kadir; Nurul Fazri Elfikri; Ramadhan Usman; Janwar Hippy
Journal of Law, Human Rights, Immigration, and Corrections Vol. 1 No. 1 (2025): Journal of Law, Human Rights, Immigration, and Corrections
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/lawric.v1i1.216

Abstract

Inheritance land grant disputes often arise in the Indonesian judiciary, especially regarding the validity of grants that do not use notarial deeds. This study aims to analyze the validity of the grant certificate (SKH) in the transfer of rights to undivided land inheritance and its impacts. The research method used is normative law with a legislation approach and case approach, specifically analyzing Manado High Court Decision Number 32/PDT/2024/PT MND. Results show that land grants not made by notarial deeds violate Article 1682 of the Civil Code, making them legally invalid and unusable as a basis for land registration. Registration of the transfer of rights to undivided inherited land is also not possible because the land remains an inheritance boedel owned collectively by all heirs. Registering the transfer of rights to undivided inherited land requires valid legal documents and must comply with applicable laws to ensure legal certainty for concerned parties.
The Urgency of Regulating Digital Inheritance to Protect the Distribution of Successive Rights in Indonesia Nurjana Nurjana; Dolot Alhasni Bakung; Fitran Amrain
Journal of Law, Human Rights, Immigration, and Corrections Vol. 1 No. 3 (2026): Journal of Law, Human Rights, Immigration, and Corrections
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/lawric.v1i3.223

Abstract

The rapid commercialization of digital platforms necessitates recognizing digital assets as inheritable wealth. However, Indonesia currently lacks explicit regulations addressing digital inheritance under both civil and Islamic law, thus creating a profound juridical void. This normative legal research critically evaluates the legal standing of digital assets within national inheritance systems and assesses the urgency of specific protective regulations. Utilizing statutory and conceptual approaches, this study reveals that while digital assets conceptually qualify as intangible inheritable property, practical impediments regarding unauthorized access, complex ownership proof, and restrictive platform policies severely hinder successive rights distribution. Rooted in the responsive law theory, this paper ultimately concludes that enacting comprehensive digital inheritance legislation is critically urgent today. Establishing adaptive legal frameworks will guarantee absolute legal certainty, systematically facilitate secure asset transfers, successfully mitigate international jurisdictional disputes, and comprehensively protect the fundamental economic rights of all modern legitimate heirs across the entire Indonesian national jurisdiction.

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