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INDONESIA
Journal of Law and Nation
Published by Inteligensia Media
ISSN : -     EISSN : 29629675     DOI : Zenodo
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Focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, business law, Civil and Criminal Law, International Business and Trade Law, Dispute Resolution, Real Estate Law, Criminal Law, Immigrant and Tourism Law, Common Law, Agency Law, Employment Law, Health Law, Politics, Education and other studies related to law.
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Articles 273 Documents
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RESTORATIVE JUSTICE IN THE NEW CRIMINAL CODE: A LITERATURE REVIEW ANALYSING THE SHIFT IN THE PARADIGM OF PUNISHMENT FROM RETRIBUTIVE TO REHABILITATIVE IN INDONESIA Gunawan Widjaja
JOURNAL OF LAW AND NATION Vol. 4 No. 4 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20591955

Abstract

The New Criminal Code, enacted through Law No. 1 of 2023, marks a renewal of national criminal law by positioning punishment no longer merely as retribution, but also as a means of prevention, rehabilitation of offenders, conflict resolution, and the restoration of balance between offenders, victims and society. Within this framework, restorative justice has gained an increasingly important position as an approach that reflects the shift in the paradigm of punishment from retributive to rehabilitative and restorative in Indonesia. This study aims to analyse the implementation of restorative justice in the New Criminal Code and to examine the accompanying shift in the paradigm of punishment through a literature review approach. The method used is a literature review. The findings indicate that the New Criminal Code accommodates a more humanistic approach to punishment through an emphasis on victim restoration, the social reintegration of offenders, the use of alternative sanctions, and the restriction of imprisonment to a last resort. Furthermore, the implementation of restorative justice in practice still requires harmonisation of regulations among law enforcement agencies, strengthening of institutional capacity, and a common understanding among officials to prevent disparities in application. Thus, restorative justice in the New Criminal Code can be understood as part of the transformation of Indonesia’s penal system towards a model that is more rehabilitative, corrective, and responsive to the needs for substantive justice in society.
EFEKTIVITAS SANKSI ALTERNATIF (KERJA SOSIAL) DALAM KUHP BARU UNTUK TINDAK PIDANA RINGAN: TINJAUAN PUSTAKA COMPARATIF DENGAN PRAKTIK DI NEGARA LAIN Gunawan Widjaja
JOURNAL OF LAW AND NATION Vol. 4 No. 4 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20591981

Abstract

This study aims to analyse the effectiveness of alternative sanctions in the form of community service under the New Criminal Code (KUHP) (Law No. 1 of 2023) for minor offences, as well as to conduct a comparative literature review of community service practices in other countries. The research method employed is a literature review (library research) using a juridical-normative approach, a statutory approach, a conceptual approach, and a comparative approach. The results of the study indicate that community service under the New Criminal Code has great potential to serve as an effective alternative sanction, as it is designed to be more proportionate, humane, and rehabilitation-oriented compared to short-term imprisonment, whilst also addressing the issue of prison overcrowding. However, its effectiveness cannot be automatically achieved without the support of operational implementing regulations, robust oversight mechanisms, and a structured evaluation system. A comparative review with the Netherlands, the United Kingdom, and Canada shows that the success of community service is highly dependent on the strengthening of probation institutions, a strict monitoring and evaluation system, and coordination between law enforcement agencies and local governments. This study recommends that the central government immediately issue implementing regulations, optimise the role of the Correctional Services Agency, and adopt best practices from the countries under comparison to ensure that community service achieves the intended objectives of sentencing.
PENYELESAIAN SENGKETA MEDIS PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 1/PUU-XXIV/2025: ANALISIS KAJIAN PUSTAKA TERHADAP PERUBAHAN PARADIGMA TANGGUNG JAWAB MEDIS DAN DAMPAKNYA TERHADAP HUKUM KESEHATAN INDONESIA Gunawan Widjaja
JOURNAL OF LAW AND NATION Vol. 4 No. 4 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20591999

Abstract

Medical disputes are an increasingly prominent phenomenon within Indonesia’s healthcare system, in line with the public’s growing legal awareness of patients’ rights. This study aims to analyse the shift in the paradigm of medical liability and the impact of Constitutional Court Decision No. 1/PUU-XXIV/2025 on the medical dispute resolution system in Indonesia, using a normative legal research method with a literature review approach. The results of the study indicate that the Constitutional Court’s decision has fundamentally altered the paradigm of medical liability from a fault-based liability approach towards a more proportional system with stronger legal protection for healthcare professionals acting in accordance with professional standards. The mechanism for resolving medical disputes has undergone a transformation with the strengthening of Alternative Dispute Resolution (ADR) as the primary step before litigation, the independence of the Indonesian Health Council (KKI) and the Medical College, and the clarification of the rational boundary between medical risk and criminal negligence through the role of the Professional Disciplinary Council as a professional gatekeeper. The implications for Indonesian health law include the codification of a more effective ADR system, the strengthening of legal protection for healthcare professionals to prevent the criminalisation of medical actions that comply with standards, and the guarantee of access to justice for patients who have genuinely suffered harm through mechanisms that are faster, cheaper, confidential and fair. This study concludes that the transformation of the medical dispute resolution system reflects the maturity of Indonesia’s health law system, which seeks to balance patients’ rights to health and legal protection for healthcare professionals.
TANGGUNG GUGAT PERDATA PENYEDIA PLATFORM ATAS KERUGIAN AKIBAT MALAFUNGSI SISTEM ARTIFICIAL INTELLIGENCE Dedeh Asmariah; Nadia Mega Yuliah; Syafi'il Anam; Agus Septima Ridwan
JOURNAL OF LAW AND NATION Vol. 4 No. 4 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20592024

Abstract

The adoption of artificial intelligence technology in digital banking credit assessment systems raises legal questions that remain inadequately resolved within Indonesian civil law, particularly regarding liability when the system fails and harms customers. This study aims to examine the juridical qualification of artificial intelligence system failures as unlawful acts under Article 1365 of the Indonesian Civil Code, and to formulate the civil liability of platform providers under Article 1367 of the Civil Code. The research employs a normative legal method with statutory and conceptual approaches. The findings indicate that artificial intelligence system failures satisfy all elements of an unlawful act, with fault attributed to the platform provider as the operator of the system rather than to the system itself, which holds the status of an object. Based on the doctrine of vicarious liability and the theory of strict liability, digital banking platform providers bear full responsibility for customer losses and cannot shield themselves behind exoneration clauses in the terms and conditions of service.
KEDUDUKAN DAN LOGIKA HUKUM PEMBUKTIAN PERCERAIAN BERDASARKAN STANDAR DURASI PISAH RUMAH DALAM SEMA NOMOR 3 TAHUN 2023 Lisdayanti; Calvin; Hadi Putra Natanael Sitinjak; Agus Septima Ridwan
JOURNAL OF LAW AND NATION Vol. 4 No. 4 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20592076

Abstract

Marriage is a legal institution protected by the state through the principle of making divorce difficult as stipulated in Law Number 1 of 1974. The presence of Supreme Court Circular Letter Number 3 of 2023, which stipulates a minimum of six months of separation as a requirement for proving divorce, raises serious normative issues. This study examines the position of the Circular Letter of the Supreme Court (SEMA) in the hierarchy of laws and regulations and examines the consistency of the legal logic that supports it. The method used is normative juridical based on literature studies. The results of the analysis indicate that SEMA Number 3 of 2023 has exceeded its function as an internal technical guideline by adding material requirements not contained in Government Regulation Number 9 of 1975. The exception of domestic violence cases proves that the six-month standard is not an absolute and consistent measure. This study recommends a review of the substance of the SEMA to align with the open norm of Article 19 letter f of Government Regulation Number 9 of 1975.
ANALISIS YURIDIS KETIDAKSINKRONAN PRAKTIK SURAT KUASA KHUSUS BERKELANJUTAN DENGAN PASAL 44 AYAT (1) HURUF A UNDANG-UNDANG MAHKAMAH AGUNG Astria Rosliana Dewi; Kristina Uba Payon; Grardus Jackson Ndu adu; Agus Septima Ridwan
JOURNAL OF LAW AND NATION Vol. 4 No. 4 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20592104

Abstract

A special power of attorney is a formal instrument that determines the legal validity of an advocate's representation before the court. Legal practice in Indonesia commonly shows that advocates use a single power of attorney continuously from the first-level court through the cassation stage at the Supreme Court. However, Article 44 paragraph (1) letter a of Law Number 14 of 1985 on the Supreme Court explicitly requires that a representative must be "specially authorized for that purpose" in filing a cassation. This study examines the legal validity of this continuing power of attorney practice and its legal consequences for the advocate's standing and the protection of the client's civil rights. A normative juridical method with statutory and conceptual approaches is employed. The analysis reveals a clear inconsistency between the prevailing practice and the applicable normative provisions, potentially giving rise to formal defects and the risk of a niet ontvankelijke verklaard ruling against the client.
PERAN PPID BAWASLU DALAM MEWUJUDKAN PELAYANAN PUBLIK YANG TRANSPARAN DAN AKUNTABEL MELALUI PELAYANAN INFORMASI PUBLIK Ferry Bashanova; Muhammad Aini
JOURNAL OF LAW AND NATION Vol. 4 No. 4 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20592128

Abstract

Public information service constitutes an integral component of public service delivery and serves as an important instrument in promoting transparency, accountability, and public participation in democratic governance. As a public institution responsible for supervising electoral processes, the Election Supervisory Agency (Bawaslu) is obligated to provide accessible and accountable public information services to the community. This responsibility is implemented through the Information and Documentation Management Officer (PPID), which manages, documents, and disseminates public information in accordance with applicable regulations. This study aims to analyze the role of PPID within Bawaslu in realizing transparent and accountable public services through public information services, examine the management of exempted information, and identify potential challenges in its implementation. The research employs a normative legal method using statutory and conceptual approaches. The findings indicate that PPID plays a strategic role in supporting transparency and accountability by ensuring public access to information related to institutional activities, election supervision, violation handling, and dispute resolution processes. Furthermore, the management of exempted information represents an essential aspect of public information services because it seeks to balance public access to information with the protection of legal interests, personal data, and ongoing law enforcement processes. The study also reveals several implementation challenges, including differing interpretations regarding information classification, public information disputes, personal data protection issues, digital information security concerns, and varying levels of public information literacy. Therefore, strengthening institutional capacity, improving human resource competence, enhancing digital information governance, and increasing public awareness regarding information disclosure are essential to improving the quality of public services within Bawaslu.
PENGAWASAN PARTISIPATIF SEBAGAI WUJUD PELAYANAN PUBLIK DEMOKRATIS DALAM PENGAWASAN TAHAPAN DAN NON-TAHAPAN PEMILU OLEH BAWASLU Kamaludin; Muhammad Aini
JOURNAL OF LAW AND NATION Vol. 4 No. 4 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20592138

Abstract

Participatory supervision constitutes one of the strategic approaches developed by the Election Supervisory Agency (Bawaslu) to strengthen public involvement in safeguarding the integrity of electoral processes. Thus far, participatory supervision has generally been understood as an instrument for electoral oversight aimed at preventing violations and expanding the scope of supervision. However, from the perspective of public service, participatory supervision also reflects a form of democratic public service provided by Bawaslu to facilitate citizens' constitutional rights to participate in democratic governance. This study aims to analyze the position of participatory supervision as a democratic public service implemented by Bawaslu, examine its implementation during electoral and non-electoral stages, and identify efforts to strengthen participatory supervision in supporting electoral integrity. This research employs a normative legal method using statutory and conceptual approaches. The study reveals that participatory supervision fulfills the essential elements of public service because it is organized by a public institution, directed toward citizens, and designed to provide access, information, education, participation mechanisms, and reporting channels related to electoral oversight. Furthermore, participatory supervision embodies the principles of democratic public service by promoting citizen engagement, transparency, accountability, and collaborative governance in electoral administration. Its implementation is carried out through various programs, including electoral supervision socialization, the Participatory Supervision Village Program, the School of Participatory Supervisory Cadres, partnerships with educational institutions and civil society organizations, as well as public reporting mechanisms. Nevertheless, several challenges remain, including limited public awareness, uneven electoral literacy, institutional capacity constraints, and the sustainability of participatory programs. Therefore, strengthening regulatory frameworks, institutional capacity, digital innovation, and collaborative engagement is necessary to optimize participatory supervision as a democratic public service and to support the realization of elections that are both democratic and accountable.
PENYELESAIAN SENGKETA HARTA GONO-GINI PASCA PERCERAIAN: ANALISIS KAJIAN PUSTAKA TERHADAP KETIDAKPASTIAN HUKUM PEMBAGIAN HARTA BAWAAN YANG TERCAMPUR DENGAN HARTA BERSAMA DALAM YURISPRUDENSI MAHKAMAH AGUNG RI Gunawan Widjaja
JOURNAL OF LAW AND NATION Vol. 5 No. 1 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20663549

Abstract

This article aims to analyze the resolution of disputes over marital property following divorce, with a focus on the legal uncertainty surrounding the division of separate property that has been commingled with marital property in the case law of the Supreme Court of the Republic of Indonesia. This issue is important to examine because Indonesian marriage law essentially stipulates that assets acquired during marriage constitute joint property, while separate property remains under the control of each party; however, this provision has not provided detailed criteria regarding the legal status of separate property that has merged or become integrated into the household’s economic life. Consequently, disputes over the division of assets following divorce often lead to differing interpretations, both regarding the standard of proof and in judicial deliberations, particularly when determining the boundary between individual and joint rights over an asset. This study employs a literature review method with a normative legal approach. The findings conclude that legal uncertainty in the division of separate property that has been commingled with joint property stems from the absence of clear normative parameters regarding the form of commingling, the extent of each party’s contribution, and uniform evidentiary standards in judicial practice. Therefore, there is a need to strengthen regulations and develop more operational judicial guidelines so that the resolution of post-divorce marital property disputes not only reflects substantive justice but also ensures legal certainty and consistency in judicial decisions within the Indonesian judicial system.
SYSTEMATIC LITERATURE REVIEW: EVALUASI YURIDIS KLAUSUL EKSONERASI DALAM KONTRAK BAKU E-COMMERCE Dhika Fajri Ramadhan; Alfito Pragaswara; Naila Hairin Nisa; Agus Septima Ridwan
JOURNAL OF LAW AND NATION Vol. 5 No. 1 (2026): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20663574

Abstract

This study aims to evaluate the validity of exculpatory clauses in standardized e-commerce contracts and to assess the civil liability of platforms under Indonesian legal norms. The core problem examined is the widespread inclusion of liability-waiver clauses within the terms and conditions of online shopping applications, which places consumers in a weak position and generates legal uncertainty. The method employed is a Systematic Literature Review of fourteen accredited national legal journal articles published over the past ten years, involving coding, synthesis, and normative assessment against statutory texts. The findings reveal an academic consensus that exculpatory clauses within the click-wrap mechanism violate the requirements for a valid agreement under Article 1320 of the Indonesian Civil Code because they arise from a defect of will through abuse of circumstances, while also contravening the prohibition in Article 18 of the Consumer Protection Law and are therefore void by law. Consequently, the platform still bears full liability based on breach of contract and must compensate the consumer's entire material loss. This study provides a firm juridical evaluation map for practitioners and academics regarding the liability limits of digital platforms in Indonesia.

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