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I Gusti Ngurah Santika
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Journal of Multidisciplinary Law Studies
Published by CV Tirta Pustaka Press
ISSN : -     EISSN : 31238416     DOI : 10.60153
Core Subject :
Journal of Multidiscipline Law Studies (JOMLAS) is dedicated to advancing and disseminating high-quality multidisciplinary legal scholarship. The journal serves as an international forum for academics, researchers, legal practitioners, and policymakers to publish scholarly works and exchange critical ideas on contemporary legal issues within national, regional, and global contexts. JOMLAS emphasizes the integration of legal studies with perspectives from other disciplines in order to deepen the understanding of law as a dynamic social, political, economic, cultural, and technological phenomenon. Scope The scope of JOMLAS encompasses, but is not limited to, multidisciplinary and interdisciplinary studies that connect law with the following fields: Law and Social Sciences Law and Economics Law and Sociology Law and Political Science Law and Humanities Law and Education Law and Public Administration Law and Land and Property Studies Law and Technology (including digital law, cyber law, and artificial intelligence) Law and Environmental Studies and Sustainable Development Law, Culture, and Society Law and Health Studies Law and Public Policy Comparative Law and International Law Legal Reform and Governance JOMLAS welcomes original research articles, theoretical and conceptual papers, empirical studies, case analyses, and policy-oriented research that make a substantial contribution to the development of multidisciplinary legal knowledge and practice
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Articles 17 Documents
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The Evolution of Constitutionalism in the Netherlands: A Critical Analysis of Institutional Reforms Johannes de Vries; Marieke van Dijk; Johanna Elisabeth van Dalen; Wilhelmus Hendrikus de Groot; Frederik Antonius van Leeuwen; Pieter Johannes de Jong
Journal of Multidisciplinary Law Studies Vol. 1 No. 2 (2026): Journal of Multidisciplinary Law Studies
Publisher : CV. Tirta Pustaka Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60153/qs2f5d49

Abstract

This article examines the evolution of constitutionalism in the Netherlands through a critical analysis of institutional reforms that have shaped its contemporary legal order. Traditionally characterized by a strong emphasis on parliamentary sovereignty and a limited role for constitutional review, the Dutch constitutional framework has undergone gradual institutional adaptation through the expansion of judicial oversight, administrative accountability mechanisms, and the incorporation of European human rights norms in response to growing demands for transparency, accountability, and the protection of fundamental rights. This study employs a normative juridical and historical-institutional approach to evaluate how institutional reforms reshape the balance between parliamentary sovereignty and constitutional accountabilityto explore key reforms, including the strengthening of judicial oversight, the influence of international and European legal norms, and the increasing role of independent oversight bodies. The findings indicate an incremental redistribution of constitutional authority from purely political institutions toward judicial and oversight mechanisms, where the principles of the rule of law and checks and balances are increasingly emphasized. However, tensions persist between traditional doctrines and emerging constitutional practices, particularly in the context of democratic legitimacy and judicial activism. This article argues that the evolution of constitutionalism in the Netherlands reflects a dynamic interplay between legal continuity and institutional change, offering a comparative perspective on how constitutional systems adapt to increasing demands for accountability, rights protection, and supranational legal integration
Gender-Based Violence and Criminal Law Enforcement in South Africa: Challenges and Legal Reform Perspectives Themba Mokoena Sithole; Kagiso Rabada; Ayanda Thandeka Buthelez; Lerato Naledi Sekgobela; Thabo Mbeki; Cyril Ramaphosa; Nomsa Khanyisa Cele
Journal of Multidisciplinary Law Studies Vol. 1 No. 2 (2026): Journal of Multidisciplinary Law Studies
Publisher : CV. Tirta Pustaka Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60153/6v8c3661

Abstract

Gender-based violence remains a pervasive and deeply rooted challenge in South Africa, posing serious threats to human rights, public safety, and social justice. Although previous studies have extensively discussed gender-based violence in South Africa, limited scholarship has critically examined the gap between progressive criminal law reforms and their practical enforcement within justice institutions. Using a normative juridical approach combined with qualitative content analysis, the study critically evaluates statutory regulations, judicial decisions, and policy frameworks to assess the gap between legal norms and enforcement practices. The findings demonstrate that weak institutional coordination, inadequate law enforcement training, patriarchal bias, and resource limitations significantly undermine the implementation of victim-centered legal protections and access to justice. Structural inequalities, patriarchal norms, and resource constraints further weaken the criminal justice response. The article argues that strengthening institutional coordination, improving police accountability, and enhancing victim support mechanisms are essential for effective enforcement. It also highlights the importance of integrated legal reforms that combine punitive measures with preventive and restorative approaches. The study contributes to socio-legal debates by challenging the assumption that punitive criminal law alone can effectively address gender-based violence without institutional transformation and broader socio-cultural reform. The study concludes that effective responses to gender-based violence require an integrated framework combining legal enforcement, institutional accountability, victim-centered justice, and long-term socio-cultural transformation.
Transnational Crime of Cross-Border Narcotics Smuggling between Riau and Malaysia Muhammad Zulherawan; Mohamad Fauzi Latib; Salma Andina
Journal of Multidisciplinary Law Studies Vol. 1 No. 2 (2026): Journal of Multidisciplinary Law Studies
Publisher : CV. Tirta Pustaka Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60153/74zz2893

Abstract

Transnational crime refers to criminal activities that involve multiple actors and span across more than one country. Such crimes violate the legal regulations and territorial jurisdictions of each affected state. One of the most common forms of transnational crime occurring within the jurisdiction of the National Narcotics Agency of the Riau Islands Province (BNNP Kepulauan Riau) is drug smuggling. This drug smuggling is driven by various factors, one of which is the geographical location and condition of Batam City, which consists of numerous small islands and several ports that facilitate smuggling activities. This study aims to analyze the causal factors, operational patterns, and criminological characteristics of transnational narcotics smuggling activities occurring between Riau Islands and Malaysia. The study applies subjective utility (rational choice) theory to explain how offenders rationally evaluate economic benefits, operational risks, and opportunities for successful smuggling before engaging in transnational narcotics trafficking. The findings reveal that economic incentives, weak maritime supervision, and the strategic geographical position of Batam significantly encourage organized transnational narcotics smuggling networks, thereby reinforcing the importance of integrated cross-border law enforcement and maritime surveillance policies.
The Pancasila Rule of Law and Democratic Backsliding in Indonesia A Critical Legal Perspective I Gede Sujana; I Gusti Ngurah Santika; I Jero Gede Adi Pratama; Sindi Glaudia Ntarung; I Nyoman Silpa Mahadana; Ni Ketut Nike Lusiana
Journal of Multidisciplinary Law Studies Vol. 1 No. 2 (2026): Journal of Multidisciplinary Law Studies
Publisher : CV. Tirta Pustaka Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60153/k33a8p97

Abstract

This article examines the Pancasila-based rule of law in Indonesia within the context of democratic backsliding using a Critical Legal Studies (CLS) approach. Normatively, Pancasila offers a synthesis of legality, morality, social justice, and religious values. This study addresses the growing tension between the normative ideals of the Pancasila-based rule of law and contemporary patterns of democratic backsliding in Indonesia, particularly regarding judicial independence, executive dominance, and restrictions on civil liberties. The weakening of judicial independence, the expansion of executive power, and the restriction of civil liberties indicate patterns of democratic erosion. Furthermore, the interpretive flexibility of Pancasila enables its instrumentalization by political elites to legitimize policies that deviate from democratic principles. This study employs a qualitative normative-empirical approach using Critical Legal Studies (CLS), constitutional analysis, and critical interpretation of legal and political discourse related to democratic regression in Indonesia. The findings indicate that democratic backsliding in Indonesia is reinforced by the political instrumentalization of Pancasila, enabling legal justification for executive power expansion and restrictions on democratic freedoms despite constitutional commitments to justice and the rule of law. Therefore, a critical reconstruction is necessary to strengthen legal integrity and democratic governance.
A Case Study on Executive–Legislative Conflict in the Amendment of the Corruption Eradication Commission (KPK) Law in Indonesia Markus Pattiradjawane; Yohanes Latuconsina; Michael Soplanit; Samuel Souisa; Maria Latuconsina; Angel Pattiradjawane; Jessica Lestaluhu
Journal of Multidisciplinary Law Studies Vol. 1 No. 2 (2026): Journal of Multidisciplinary Law Studies
Publisher : CV. Tirta Pustaka Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60153/dpvbeb19

Abstract

The amendment of Indonesia’s Corruption Eradication Commission (KPK) Law has triggered constitutional controversy concerning the distribution of power between the executive and legislative branches and its implications for institutional independence. This study examines the nature of executive–legislative conflict arising from the legislative process of the KPK Law revision, focusing on constitutional principles of checks and balances and separation of powers. Using a qualitative case study approach, this study examines legal documents, parliamentary records, Constitutional Court decisions, and scholarly literature to critically analyze executive–legislative relations and constitutional tensions arising from the amendment process. The findings reveal that the amendment process was heavily influenced by political interests that overshadowed constitutional safeguards intended to preserve the independence of anti-corruption institutions. The legislative process demonstrated a strong dominance of the House of Representatives (DPR) in initiating and approving the amendment, while the executive branch played a facilitating and endorsing role. This condition has raised concerns regarding the weakening of the KPK’s independence and the potential imbalance in the anti-corruption framework. Furthermore, public and institutional responses reveal significant constitutional tensions, particularly regarding the interpretation of state authority in corruption eradication efforts. This study concludes that the amendment of the KPK Law represents a substantial shift in Indonesia’s constitutional equilibrium, in which executive–legislative political alignment has weakened the effectiveness and independence of anti-corruption institutions. Strengthening constitutional safeguards and ensuring clearer delineation of institutional authority are essential to maintain democratic accountability and the rule of law in Indonesia.
Predatory Pricing in the Digital Platform Ecosystem: Challenges and Limitations of Indonesian Competition Law I Wayan Partama Putra; A.A. Istri Eka Krisna Yanti; Anak Agung Sagung Ngurah Indradewi
Journal of Multidisciplinary Law Studies Vol. 1 No. 2 (2026): Journal of Multidisciplinary Law Studies
Publisher : CV. Tirta Pustaka Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60153/jv7dnc14

Abstract

The digital economy has transformed market structures through platform-based businesses. Aggressive pricing strategies, including subsidies and large discounts, may benefit consumers in the short term but can reduce competition by driving out small businesses and strengthening the dominance of large platforms. The digital economy relies on data and algorithms, making predatory pricing difficult to detect under conventional legal approaches. Therefore, this study examines its characteristics, identifies the limits of Indonesian competition law, and proposes a more adaptive legal approach. Moreover, Law No. 5 of 1999 does not specifically regulate algorithmic pricing, cross-subsidization, or data-driven market dominance, creating legal uncertainty in addressing predatory pricing in the digital economy. This study uses normative legal research with statutory and conceptual approaches. It examines laws on predatory pricing and analyzes the concepts of legal certainty, law enforcement, and distributive justice in competition law. This study employs normative legal research using statutory and conceptual approaches to analyze the adequacy of Indonesian competition law in addressing predatory pricing practices within digital platform markets. The findings show that current Indonesian competition law is insufficient to address below-cost pricing, algorithm-based pricing, and cross-subsidization practices used by dominant digital platform. Regulatory limitations, particularly in terms of evidence and supervision, result in suboptimal law enforcement. Furthermore, this situation demonstrates the failure to fulfill the principles of legal certainty, justice, and balance in business competition. Therefore, Indonesian competition law needs stronger digital market regulations, clearer rules for identifying predatory pricing, and greater institutional authority to supervise algorithm-driven business practices.
The Independence of the Tax Court within Indonesia’s Judicial Power System I Wayan Kandia; I Wayan Eka Santika; Putu Windu Mertha Sujana
Journal of Multidisciplinary Law Studies Vol. 1 No. 2 (2026): Journal of Multidisciplinary Law Studies
Publisher : CV. Tirta Pustaka Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60153/e4a90h14

Abstract

This study examines the unresolved constitutional inconsistency surrounding the institutional position of the Indonesian Tax Court, particularly the dualism of judicial and executive supervision that continues to challenge judicial independence. The Tax Court plays a strategic role in resolving tax disputes between taxpayers and the government; however, its institutional position remains controversial due to the dualism of administrative and judicial supervision. This research applies a normative legal method through statutory, conceptual, and comparative approaches to critically evaluate whether the Tax Court’s institutional structure complies with constitutional principles of judicial independence and separation of powers. The study finds that the continued administrative and financial control exercised by the Ministry of Finance creates structural conflicts of interest that weaken the institutional impartiality of the Tax Court and contradict constitutional guarantees of judicial independence. This institutional dependency risks weakening taxpayer confidence in judicial neutrality, reducing legal certainty, and undermining the legitimacy and fairness of Indonesia’s tax dispute resolution system. This study argues that strengthening the institutional independence of the Tax Court is essential to ensure an impartial judiciary and to uphold the principles of the rule of law. The study recommends comprehensive legislative reform and the full integration of the Tax Court into the Supreme Court’s one-roof judicial system to ensure institutional independence and constitutional conformity.

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