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NOVZEL RIDHO ABEDNEGO HASUGIAN
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INDONESIA
Jurnal Ilmiah Kebijakan Hukum
Published by Badan Strategi Kebijakan Hukum, Kementerian Hukum Republik Indonesia
ISSN : 19782292     EISSN : 25797425     DOI : https://doi.org/10.30641/kebijakan.2026.V20.2
Core Subject :
Focus and Scope The focus of this journal is legal policy (in Indonesia) which can be derived from the results of research, studies and legal reviews. The scope of this journal includes but is not limited to: Correctional policy; Immigration policy; Legislative policies; Intellectual property policy: copyrights, industrial designs, patents, layout designs of integrated circuits, trade secrets, marks and geographical indications; General law administration policies: civil (legal entity, fiduciary, inheritance, state curator, and notary); crime (criminal law services and pardons, civil servant investigators, and dactyloscopy); state administration (citizenship and political parties); central authorities and international law (mutual assistance in criminal matters, extradition, transfer of trains, and international law); Policies for fostering national law: legal planning, legal counselling, and legal aid; Policies on administration, supervision and development of human resources in the field of law.
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Articles 253 Documents
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Rumah Adat Gebong Memarong: Strategi Hukum dan Ekonomi Dalam Pemanfaatan Ekspresi Budaya Tradisional Sebagai Kekayaan Intelektual Komunal Nurhayati Dzikri; Muhamad Aziz Zulkifli
Jurnal Ilmiah Kebijakan Hukum Vol 19 No 3 (2025): Edisi November
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2025.V19.213-228

Abstract

This study analyzes the forms of legal protection and economic utilization strategies of Rumah Adat Gebong Memarong as a Traditional Cultural Expression (TCE) recognized as Communal Intellectual Property (CIP) in Bangka Belitung. Using a socio-legal research method, this study combines normative legal analysis with an examination of economic policy implementation. The results show that although Gebong Memarong has been officially registered as CIP, its legal protection still faces several obstacles, including limited legal awareness among the Mapur indigenous community, the absence of specific local regulations, and weak digital documentation. These legal and institutional gaps have resulted in the suboptimal economic use of the Gebong Memarong, particularly in developing cultural tourism and creative industries. Therefore, this study proposes integrative strategies that include strengthening community-based institutions, developing creative economy innovations, conducting human resource training, organizing cultural festivals, and promoting digitalization. The study emphasizes that effective legal protection serves as a prerequisite for equitable and sustainable economic development of TCEs. The main contribution of this research lies in formulating an integrative model that bridges legal protection and economic empowerment through a business law perspective. The study contributes theoretically by expanding the discourse on progressive law in protecting communal intellectual property and provides practical implications for local governments in drafting regional regulations (Perda) and designing community-based governance mechanisms for sustainable cultural heritage management.
Human Potential in Motion: An Empowerment Approach to Productive Growth in Correctional Institutions Helena Gracelda Situmeang; Padmono Wibowo
Jurnal Ilmiah Kebijakan Hukum Vol 19 No 3 (2025): Edisi November
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2025.V19.275-294

Abstract

This study explores the empowerment strategies implemented at the Garut Class IIA Correctional Institution to activate inmates human potential, enhance productivity, and strengthen readiness for social reintegration. The research was conducted to address challenges such as low post-release employability, limited access to rehabilitation programs, and persistent social stigma toward former inmates. Using a qualitative case study approach, data were collected through in-depth interviews, observation, and documentation involving nine informants included two correctional officers, external partners (PT. CGI), and five inmates. Secondary data were drawn from official correctional reports, regulations, and previous studies. Data were analyzed using NVivo 12 software through coding, theme grouping, and data visualization to identify key patterns in empowerment strategies and outcomes. The findings indicate that empowerment programs at the Garut correctional facility effectively enhance inmates’ discipline, confidence, responsibility, and work skills. The program integrates two dimensions: personality development (religious, moral, and behavioral rehabilitation) and independence development (vocational training in livestock, agriculture, coconut fiber processing, sewing, and screen printing). Implementation of the Risk-Need-Responsivity (RNR) principle ensures that rehabilitation aligns with inmates’ risk levels, criminogenic needs, and learning responsiveness. Collaboration with PT Coir Global Indonesia strengthens the economic aspect of rehabilitation through sustainable production and fair incentives. The study concludes that empowerment through structured, participatory, and collaborative approaches effectively transforms inmates into productive and responsible individuals. However, challenges such as limited staff, facilities, and public stigma remain. Strengthening cross-sector collaboration and post-release support is essential to sustain empowerment and successful social reintegration.
SPPN (Sistem Penilaian Pembinaan Narapidana) at the Crossroads of Rehabilitation: A CIPP–TPB (Context, Input, Process, Product- Theory of Planned Behavior) Analysis of Behavioral Change at Kendal Class IIA Correctional Institution Dien Noor Palupi; Mulyani Rahayu
Jurnal Ilmiah Kebijakan Hukum Vol 19 No 3 (2025): Edisi November
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2025.V19.295-310

Abstract

Indonesia’s correctional paradigm has shifted from retribution to rehabilitation, placing behavioral change and social reintegration at the center of prison programming. The Inmate Development Assessment System (Sistem Penilaian Pembinaan Narapidana - SPPN) is mandated to appraise inmates’ progress and to support decisions on integration rights. To examine how SPPN is implemented at Kendal Class IIA Correctional Institution and to assess its effect on inmates’ behavioral change, while identifying instrument context mismatches and operational bottlenecks. We employed a descriptive qualitative design using interviews, observations, and document review. Participants comprised 10 informants (4 inmates, 4 correctional officers, 1 Head of Bimkemaswat, 1 SPPN instrument team member). Data were analyzed with the Miles & Huberman flow (collection, reduction, display, conclusion) and organized in NVivo 12. Analytical lenses combined CIPP (Context, Input, Process, Product) and the Theory of Planned Behavior (TPB). SPPN is in routine use but falls short of its intended objectivity and coverage due to: (i) insufficient staffing and heavy caseloads (1:19, 17 counselors for 326 inmates); (ii) limited SPPN specific training; and (iii) indicator program misalignment (some indicators cannot be scored fairly because supportive programs are absent or sporadic). While compliance and participation increased within custody (attitudes, norms, perceived control improved), recidivism rose (12%→18%→28% in 2022–2024), indicating gains may be situational rather than sustained post release. SPPN contributes to in prison order and engagement, but its validity in capturing true behavioral change is constrained by structural factors and design–context gaps. We propose targeted indicator refinement, routine inter rater training, manageable caseloads, and integration with post release supports to enhance reliability, fairness, and policy utility.
Reassessing Penal Dominance in Indonesian Narcotics Law Through International Legal Comparison Gazali Ahmad; Nashriana Nashriana; Henny Yuningsih
Jurnal Ilmiah Kebijakan Hukum Vol 20 No 1 (2026): Edisi Maret
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2026.V20.67-84

Abstract

Indonesia faces significant challenges in narcotics control, particularly in balancing punitive enforcement with rehabilitation mechanisms. This study adopts a normative legal research approach to compare Law No. 35 of 2009 concerning Narcotics with the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Using statutory, conceptual, and comparative approaches, this study analyzes the regulatory orientation of Indonesia’s penal and non-penal strategies, particularly as reflected in the policy framework of the National Narcotics Agency (BNN). The analysis indicates that Indonesian legislation adopts a stringent enforcement model, including the possibility of capital punishment for certain trafficking offenses, whereas international standards emphasize proportionality, international cooperation, and preventive mechanisms. Although national law formally recognizes medical and social rehabilitation, its regulatory orientation remains predominantly enforcement-centered. The study also identifies normative and institutional shortcomings in the coordination between BNN and other agencies, such as the police, the Ministry of Health, and UNODC. It highlights the need for clearer communication frameworks, strengthened rehabilitation pathways, and closer alignment between Indonesia’s narcotics legislation and international standards. By reinforcing proportional penal measures alongside structured non-penal mechanisms and enhanced inter-agency and international cooperation, Indonesia may improve the coherence of its narcotics governance framework. A balanced approach that integrates law enforcement with rehabilitation remains essential within a sustainable and legally consistent drug control strategy.
Mengharmoniskan Asas Praduga Tak Bersalah dan Kehadiran di Persidangan: Rekonstruksi Hukum Acara Pidana dengan Pengawasan Elektronik Erwin Susilo
Jurnal Ilmiah Kebijakan Hukum Vol 19 No 3 (2025): Edisi November
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2025.V19.229-250

Abstract

This study offers a normative reconstruction of the Indonesian Criminal Procedure Code (KUHAP) to explicitly regulate electronic monitoring devices as the least restrictive alternative to conventional detention, ensuring defendants’ presence in court while upholding the presumption of innocence. The research employs a juridical-normative method through statutory, conceptual, and comparative-functional approaches. The analysis covers KUHAP, its implementing regulations, the 2025 Draft KUHAP, and the Prosecutor’s Guideline No. 4 of 2023, compared with practices in England, the United States, Australia (New South Wales), and Jordan. The findings reveal a legal gap, as KUHAP does not yet regulate electronic monitoring, and its application currently relies on internal prosecutorial guidelines lacking normative legitimacy and judicial oversight. Comparative analysis demonstrates that electronic monitoring—particularly GPS-based systems—effectively reduces defendants’ failure to appear, mitigates prison overcrowding, and reinforces due process of law through individualized risk assessment and proportionality testing. The study recommends the explicit inclusion of electronic monitoring within KUHAP as a mechanism to be applied only through judicial determination, supported by clear operational standards, periodic evaluations, privacy protection, and state funding. Integrating electronic monitoring into KUHAP will balance the efficiency of law enforcement with the protection of human rights. This study’s novelty lies in proposing the explicit incorporation of electronic monitoring into the Indonesian Criminal Procedure Code as a normative reconstruction at the trial stage
Perlindungan Hak Moral Pencipta dalam Eksekusi Fidusia Royalti Melalui Perspektif Filsafat Justin Hughes Anggitariani Rayi Larasati Siswanta; Agustinus Supriyanto
Jurnal Ilmiah Kebijakan Hukum Vol 20 No 1 (2026): Edisi Maret
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2026.V20.1-16

Abstract

The growth of Indonesia’s creative economy offers new opportunities to utilize copyright, particularly royalty income, as a basis for fiduciary guarantees. However, this practice rais-es juridical challenges due to the potential infringement of creators’ moral rights, which are perpetual and non-transferable even when royalties are executed as fiduciary collateral. This study aims to analyze the protection of creators’ moral rights in the execution of royalty-based fiduciary guarantees through the philosophical perspective of Justin Hughes. The re-search adopts a normative juridical method with conceptual and statutory approaches. Hughes’ theoretical framework in The Philosophy of Intellectual Property, which combines Hegel’s personality theory and Locke’s labor theory, emphasizes that intellectual works em-body the creator’s personality and dignity, making them inseparable from their creators even though royalties, as a form of economic rights, are executed because they are encumbered by fiduciary guarantees. The findings reveal that moral rights protection during fiduciary exe-cution can be ensured through the role of Collective Management Institutions as intermedi-aries managing and distributing royalties. These institutions can safeguard moral rights by implementing controlled management by incorporating restriction clauses in fiduciary deeds, maintaining verified royalty data, applying escrow or cessie mechanisms in royalty transfers, conducting post-execution audits, and facilitating mediation in cases of moral rights viola-tions. Accordingly, the fiduciary use of royalties should not diminish the creator’s moral rights but instead achieve a balance between creditors’ legal certainty and the preservation of the creator’s honor and integrity.
Desain Undang-Undang Khusus Kekayaan Intelektual Komunal untuk Perlindungan Masyarakat Tradisional Darwance Darwance
Jurnal Ilmiah Kebijakan Hukum Vol 20 No 1 (2026): Edisi Maret
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2026.V20.31-50

Abstract

Regulations on Communal Intellectual Property (CIP) in Indonesia are scattered across many types of legislation, rather than being contained in a single comprehensive law. This fragmentation of regulations can result in weak legal protection for traditional communities, which are the custodians of most CIP, as well as weak legal protection for the objects of CIP themselves. On the other hand, CIP is sui generis in nature. This research is normative in nature, using a regulatory and conceptual approach. This study offers a proposed design for a specific law regulating the protection of CIP by combining all types of CIP and synchronizing it with other laws related to the issue at hand, including international conventions. Therefore, this study aims to analyze the concept of CIP in several regulations, namely the Copyright Law, the Trademark and Geographical Indications Law, and the Patent Law, to subsequently construct regulations on CIP as an effort to provide optimal legal protection for the intellectual property of traditional communities. In several individual Intellectual Property Rights (IPR) laws, CIP are conceptualized in various ways, which has the potential to hinder the legal protection process, especially for traditional communities that are collective in nature. The protection of traditional communities needs to be strengthened through the drafting of legislation in the form of a law that specifically regulates CIP comprehensively, combining a number of existing regulations with several improvements, as well as synchronizing with several other laws relevant to the issue of communal intellectual property, including international conventions, one of which relates to the position of traditional communities.
Preventing Abuse of Trademark Registration Through Speculative Filings in Indonesia Brian Valentino Lates Cal Cariver; Mieke Yustia Ayu Ratna Sari
Jurnal Ilmiah Kebijakan Hukum Vol 20 No 1 (2026): Edisi Maret
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2026.V20.17-30

Abstract

The practice of blocking and speculative trademark applications exploits administrative gaps in the first-to-file system to secure advantages without genuine commercial intent. This article employs statutory, conceptual, case-law, and comparative doctrinal approaches. Drawing on the jurisprudence of the Court of Justice of the European Union, this article shows that bad faith is primarily assessed through intention to use. However, the Indonesian normative framework has not operationalized the notion of “unfair business competition” into objective and verifiable standards, as it lacks measurable indicators to assess the applicant’s intent at filing. Consequently, examination remains largely formalistic and reactive, rendering the system vulnerable to speculative applications. This article conceptualizes blocking and speculative applications as manifestations of bad faith and recommends proportionate administrative reforms, including the introduction of an intention-to-use declaration, the development of a red-flag checklist based on operational indicators such as chains of applications, offers to sell, and absence of genuine use, as well as cross-border database verification for early detection. These measures aim to strengthen preventive mechanisms at the registration stage without undermining the first-to-file principle.
Kerja Sama Kawasan Asia Tenggara Menghadapi Perdagangan Orang dan Penipuan Online Muhammad Syaroni Rofii
Jurnal Ilmiah Kebijakan Hukum Vol 20 No 1 (2026): Edisi Maret
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2026.V20.51-66

Abstract

This study aims to analyze the phenomenon behind the high number of cases of Human Trafficking (TPPO) in Indonesia, how criminal networks operate across the ASEAN region exploiting legal and regulatory loopholes to commit online fraud, human trafficking, extortion, and torture, and how the Indonesian government's strategy responds to existing cases within the legal framework and cooperation of the ASEAN region. This research is a qualitative case study research using primary data in the form of in-depth interviews with the Indonesian Ministry of Foreign Affairs, the Indonesian National Police, especially the Police Attachés in Bangkok, Manila, and Kuala Lumpur, as well as migrant activists. Researchers also conducted observations at points that have been the departure and arrival points for victims of TPPO. The results of this study confirm that the problem of TPPO arises as a result of legal disharmony at the regional level and compliance with conventions such as ACTIP in the region is based on voluntary compliance. As a result, law enforcement agencies face obstacles in coordinating agreements because they do not yet have an integrated criminal data system, requiring bilateral cooperation and joint operations that are ad hoc and limited in nature. In conclusion, the problem of human trafficking is very complex and is not only a problem for the central and regional governments in Indonesia but also a problem for the ASEAN region. Therefore, in order to achieve regional resilience in facing this situation, joint efforts are needed in the form of continuous cross-border cooperation within the ASEAN framework.
Perluasan dan Penerapan Asas Ne Bis In Idem dalam Hukum Pidana Indonesia Nazhif Ali Murtadho
Jurnal Ilmiah Kebijakan Hukum Vol 20 No 2 (2026): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2026.V20.145-160

Abstract

The fundamental inconsistency in the application of the principle of ne bis in idem between written regulations and judicial practice, both in litigation and non- litigation disputes, risks giving rise to repeated prosecutions that undermine the guarantee of legal certainty. This study analyzes the expansion of this principle within the framework of restorative justice in the New Criminal Procedure Code and its historical dynamics from the Colonial Criminal Code to the National Criminal Code. The method used is a type of doctrinal legal research through a statutory approach, a conceptual approach, and a case approach with a deductive legal material analysis technique. The findings indicate a terminological shift from "act" to "same case" in the National Criminal Code that orients the benchmark on the unity of legal identity based on strafrechtevjke betekenis, as well as the integration of the principle of una via to prevent the cumulation of sanctions. Furthermore, the New Criminal Procedure Code expands the scope of this principle by integrating restorative justice mechanisms through a victim- offender mediation model, thereby obtaining an official court determination as a final, closed-the-case status based on the principle of lex superior derogat legi inferiori. In conclusion, the reconceptualization of the ne bis in idem principle has transformed its traditional function into a progressive normative foundation that guarantees substantive justice and definitive finality in cases. This study recommends the drafting of a Law or Government Regulation on Restorative Justice that emphasizes the ne bis in idem clause for cases that have been resolved through the restorative justice stage.

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