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INDONESIA
'ADALAH
Published by Universitas Islam Negeri Syarif Hidayatullah Jakarta
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
ADALAH is “one of the ten most influential law journals in the world, based on research influence and impact factors,” in the Journal Citation Reports. ADALAH also publishes student-written work.Adalah publishes pieces on recent developments in law and reviews of new books in the field. Past student work has been awarded the International Law Students Association’s Francis Deak Prize for the top student-written article published in a student-edited international law journal.
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Articles 8 Documents
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Search results for , issue "vol. 10 no. 2 (2026)" : 8 Documents clear
Legal Protection of Outsourced Workers Under Indonesia’s Job Creation Law: Between Labor Market Flexibility and Workers’ Rights Caca Marwan; Abu Nawas; Rasman Habeahan
BULETIN ADALAH Vol. 10 No. 2 (2026)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v10i2.51243

Abstract

This study examines the legal protection afforded to outsourced workers under Indonesia’s Job Creation Law and its implementing regulations. The enactment of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law on Job Creation has significantly transformed Indonesia’s labor law framework, particularly in relation to outsourcing practices. One of the most substantial regulatory changes is the removal of restrictions on the categories of work that may be outsourced, which were previously governed under Law Number 13 of 2003 concerning Manpower. The technical implementation of outsourcing arrangements is further regulated under Government Regulation Number 35 of 2021. This research employs a normative legal research method using statutory, conceptual, and comparative approaches. The study is based on the analysis of primary, secondary, and tertiary legal materials, which are examined qualitatively to evaluate the effectiveness of legal protection mechanisms for outsourced workers within the current labor law regime. The findings reveal that the post-Job Creation regulatory framework reflects a paradigm shift from restricting outsourcing practices toward emphasizing normative labor protection. Legally, outsourced workers continue to receive recognition of fundamental labor rights, including wage protection, social security, occupational health and safety guarantees, and compensation rights under fixed-term employment agreements. However, the elimination of limitations on outsourced work has expanded labor market flexibility and increased the potential use of outsourcing systems, which may consequently weaken job security and employment stability for workers. Furthermore, the trilateral legal relationship among outsourced workers, outsourcing service providers, and user companies continues to create legal ambiguities regarding responsibility and accountability in cases involving violations of workers’ rights. This study concludes that although legal protection for outsourced workers is normatively guaranteed under the Job Creation legal framework, its practical effectiveness remains highly dependent on consistent supervision, effective law enforcement, and regulatory compliance by employers. Therefore, a balanced regulatory model is necessary to harmonize economic flexibility with the protection of workers’ fundamental rights within Indonesia’s industrial relations system. Keywords: Outsourced workers; legal protection; labor law; Job Creation Law; industrial relations; labor deregulation; employment security; Indonesia.
Regional Government Authority in Granting Building Approval Permits Under Indonesia’s Job Creation Law: Centralization, Digitalization, and Local Administrative Power Arief Chaer Muzakir; Muhammad Chotib; Abu Nawas
BULETIN ADALAH Vol. 10 No. 2 (2026)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v10i2.51273

Abstract

This study examines the authority of regional governments in granting Building Approval Permits (Persetujuan Bangunan Gedung / PBG) under Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law. The study is motivated by the regulatory transformation from the former Building Construction Permit (Izin Mendirikan Bangunan / IMB) regime to the PBG system, which has significantly altered the distribution of authority between the central and regional governments within Indonesia’s decentralized governance framework. This research employs a normative legal research method using statutory and conceptual approaches. The analysis is based on primary, secondary, and tertiary legal materials examined qualitatively to evaluate the legal position and administrative authority of regional governments in implementing the PBG system under the current regulatory framework. The findings demonstrate that regional governments continue to hold a strategic role in the administration of building approvals, particularly in relation to technical assessments, supervision, and the implementation of norms, standards, procedures, and criteria established by the central government. Nevertheless, the Job Creation regulatory framework indicates a growing centralization of authority through the integration of digital licensing mechanisms, particularly the Online Single Submission (OSS) system, which has reduced the discretionary authority of regional governments in the licensing process. Furthermore, several implementation challenges remain evident, including limited human resources, inadequate technological infrastructure, and the lack of regulatory harmonization between central and regional authorities. This study concludes that the authority of regional governments in granting Building Approval Permits under Law Number 6 of 2023 remains legally recognized; however, such authority is primarily administrative and technical in nature within a more centralized regulatory structure. Therefore, strengthening institutional capacity, harmonizing regulations, and improving the integration of licensing systems are essential to achieving effective, efficient, and accountable public services in Indonesia’s building governance sector. Keywords: Regional government authority; Building Approval Permit (PBG); Job Creation Law; public administration; licensing system; decentralization; Online Single Submission (OSS); Indonesia.  
The Scope of the Banten Provincial Government’s Authority in Population Control Under Indonesia’s Regional Governance Framework Bambang Heriyanto; Abu Nawas; Muhammad Chotib
BULETIN ADALAH Vol. 10 No. 2 (2026)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v10i2.51274

Abstract

This study examines the scope of the Banten Provincial Government’s authority in implementing population control policies within Indonesia’s decentralized governance system. The research is grounded in the principle of decentralization as regulated under Law Number 23 of 2014 concerning Regional Government, which establishes the distribution of governmental affairs between the central and regional governments. The study specifically addresses two main issues: first, the authority of the Banten Provincial Government in implementing population control programs; and second, the institutional balance between the National Population and Family Planning Agency (Badan Kependudukan dan Keluarga Berencana Nasional / BKKBN) and the Office of Women Empowerment, Child Protection, Population Control, and Family Planning of Banten Province (DP3AKKB) in implementing population control policies under Law Number 52 of 2009 concerning Population Development and Family Development. This research employs an empirical juridical method to examine the governmental affairs assigned to the Banten Provincial Government in the population control sector and to analyze the coordination between BKKBN and DP3AKKB as the primary institutions responsible for policy implementation. The study uses statutory analysis supported by empirical findings derived from institutional practices and policy implementation. The findings indicate that the authority of the Banten Provincial Government in population control affairs is regulated under Articles 11 and 12 of Law Number 23 of 2014 concerning Regional Government, which also carries financial implications under Law Number 33 of 2004 concerning Fiscal Balance between the Central Government and Regional Governments. Furthermore, the implementation of population control programs by BKKBN and DP3AKKB has not yet achieved optimal balance and effectiveness. This condition arises from the transfer of authority over family planning and population control programs from the central government to regional governments, resulting in policy disparities and variations in implementation among different regions. This study concludes that although decentralization aims to strengthen regional autonomy in population control governance, the shift in authority has created challenges related to institutional coordination, policy harmonization, and program effectiveness. Therefore, stronger intergovernmental coordination and regulatory synchronization are necessary to ensure effective and equitable implementation of population control policies across regions in Indonesia.  Keywords: Population Control; Regional Government Authority; Decentralization; Family Development; Regional Autonomy; BKKBN; Public Governance; Indonesia.
Criminal Sanctions for Juvenile Bullying Offenders Resulting in Fatalities: An Analysis under Indonesia’s Juvenile Criminal Justice System Law No. 11 of 2012 Eer Herawati; Muhammad Chotib; Abu Nawas
BULETIN ADALAH Vol. 10 No. 2 (2026)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v10i2.51509

Abstract

The phenomenon of bullying among adolescents in Indonesia has shown an increasingly alarming trend, particularly when such behavior escalates into acts of violence resulting in loss of life. This condition raises complex legal issues, especially regarding the criminal liability of children as perpetrators. On the one hand, children in conflict with the law must be afforded legal protection and rehabilitation; on the other hand, the severe consequences of their actions demand law enforcement that ensures justice for victims. This study aims to analyze the regulation and application of criminal sanctions against child perpetrators of bullying resulting in death within the perspective of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, as well as to examine its conformity with the principles of restorative justice. This research employs a normative juridical method using statutory, conceptual, and case approaches. The legal materials consist of primary legal sources in the form of legislation, secondary legal sources such as legal literature and scholarly opinions, and tertiary materials as supporting references. Data collection is conducted through library research, while the analysis is carried out qualitatively using legal interpretation and legal reasoning methods. The results of the study indicate that under Law Number 11 of 2012, child perpetrators of bullying can still be held criminally liable, particularly in cases resulting in death. However, the imposition of criminal sanctions must take into account the best interests of the child and prioritize restorative justice principles. In serious criminal offenses resulting in death, diversion mechanisms cannot be optimally applied due to the limitations related to the severity of criminal sanctions. Therefore, formal criminal proceedings remain necessary while still integrating child protection principles in their implementation. In conclusion, the imposition of criminal sanctions against child perpetrators of bullying resulting in death is necessary for the enforcement of the law; however, it must be carried out proportionally without disregarding restorative justice principles. A balance is required between protecting the child offender and ensuring justice for the victim to achieve fair and humane legal objectives.  Keywords: Bullying, Child Offender, Criminal Liability, Restorative Justice, Juvenile Criminal Justice System  
Human Resource Authority and Professionalization within the Jakarta Metropolitan Police (Polda Metro Jaya): A Normative Legal Analysis of Institutional Reform in the Indonesian National Police Laksito Ari Kusuma; Rasman Habeahan; Abu Nawas
BULETIN ADALAH Vol. 10 No. 2 (2026)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v10i2.51865

Abstract

The Indonesian National Police (Polri) plays a strategic role in maintaining public order, enforcing the law, and delivering protection and public services as mandated by the 1945 Constitution of the Republic of Indonesia and Law No. 2 of 2002 concerning the Indonesian National Police. Professionalism within the police institution constitutes a fundamental prerequisite for fulfilling these constitutional functions, particularly in the jurisdiction of the Jakarta Metropolitan Police (Polda Metro Jaya), which faces highly complex legal and socio-political challenges. This study examines (1) the development of human resources (HR) within Polda Metro Jaya in fostering police professionalism and (2) the role of law enforcement processes in strengthening institutional HR capacity to enhance professional standards. The research employs a normative legal method using statutory and conceptual approaches to analyze regulatory frameworks, institutional policies, and professional ethics standards governing police conduct. The findings indicate that human resource development represents a critical pillar in advancing institutional professionalism, improving public service quality, and reinforcing public trust. Although adequate legal foundations and internal regulatory mechanisms are in place, the implementation of HR development at Polda Metro Jaya continues to face structural and cultural challenges. These include inconsistencies in ethical enforcement, limitations in professional capacity building, and resistance to organizational cultural transformation. This study argues that sustainable and integrity-based HR reform is essential to strengthening police professionalism and institutional legitimacy. The research contributes to the discourse on police reform by emphasizing the centrality of normative governance, ethical accountability, and organizational culture in achieving a professional and publicly trusted law enforcement institution. Keywords Jakarta Metropolitan Police; Police Professionalism; Human Resource Development; Police Ethics; Institutional Reform
The Effectiveness of Village Heads as Mediators in Land Dispute Resolution: An Empirical Juridical Study in Pasilian Village, Tangerang Regency Abdulatip Abdulatip; Muh Nasir; Rasman Habeahan
BULETIN ADALAH Vol. 10 No. 2 (2026)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v10i2.52106

Abstract

Land disputes remain a persistent challenge in rural Indonesia, often threatening social cohesion and local development. While formal litigation offers a legally binding resolution, its cost, complexity, and length frequently deter village communities. Consequently, alternative dispute resolution through mediation has emerged as a preferred mechanism, with the Village Head functioning as a key mediator due to his or her formal authority and social legitimacy. This study examines the implementation and effectiveness of the Village Head's mediating role in land disputes in Pasilian Village, Kronjo District, Tangerang Regency. Employing a socio-legal or empirical-normative research methodology, the study combines analysis of statutory regulations with empirical data obtained through in-depth interviews, direct observation, and documentary analysis. The findings reveal that the Village Head performs multiple functions: as a facilitator of dialogue, a neutral intermediary, and a guardian of local wisdom. However, the effectiveness of this role is constrained by several factors, including limited legal knowledge regarding agrarian law and mediation techniques, the absence of standardised procedural guidelines, weak administrative documentation of land rights, and the potential for bias arising from kinship ties or local political interests. Furthermore, mediation outcomes lack formal executorial force, undermining legal certainty. The study concludes that while the Village Head's mediation offers significant advantages in terms of speed, cost, and social harmony, its sustainability requires institutional reinforcement through capacity-building programmes, clearer regulatory frameworks, and enhanced coordination with land agencies. Recommendations include the development of standard operating procedures for village-level mediation, systematic training for Village Heads in agrarian law and conflict resolution, and improved land administration systems to prevent future disputes. Keywords: Village Head; mediation; land dispute; socio-legal study; alternative dispute resolution
Pharmacist Criminal Liability for Ensuring Safe Pharmaceutical Services: A Critical Analysis of Indonesia's Omnibus Health Law Number 17 of 2023 from a Comparative Perspective Dani Yuniadi; Abu Nawas; Rasman Habeahan
BULETIN ADALAH Vol. 10 No. 2 (2026)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v10i2.52581

Abstract

The enactment of Indonesia's Law Number 17 of 2023 on Health represents a significant legislative reform, consolidating and replacing multiple sectoral laws. Within this new framework, the criminal liability of pharmacists for failures in pharmaceutical service delivery remains a critical yet underexplored issue. This article investigates the extent to which the 2023 Health Law establishes a robust legal framework for holding pharmacists criminally accountable, particularly when their absence or negligence compromises patient safety and public health. Employing a normative juridical methodology with statutory, conceptual, and comparative approaches, this study analyzes primary legal materials including the Health Law, the Indonesian Criminal Code (KUHP), and relevant implementing regulations, alongside secondary legal scholarship. The research identifies a fundamental legal lacuna: while the 2023 Law criminalizes the practice of pharmacy by unauthorized persons (non-pharmacists), it fails to provide explicit criminal sanctions for the managing pharmacist who abandons their duties, thereby creating the conditions for such illegal practice. This regulatory gap undermines legal certainty, weakens patient protection, and contradicts the principle of proportionality in criminal law. The findings are critically compared with regulatory frameworks in the United Kingdom, Australia, and Singapore, which adopt more explicit models of vicarious and direct criminal liability for pharmacist supervisors. The article concludes that the current Indonesian framework provides insufficient deterrence against pharmacist absenteeism, compromising the quality of pharmaceutical care and endangering patients. It offers concrete recommendations for legal reform, including the introduction of specific criminal provisions targeting dereliction of duty by pharmacists, strengthening of supervisory mechanisms, and enhancement of the professional regulatory body's enforcement powers to ensure both legal certainty and robust public health protection. Keywords Pharmacist Criminal Liability; Pharmaceutical Services; Health Law Number 17 of 2023; Patient Protection; Legal Certainty; Comparative Health Law; Indonesian Health Law Reform; Professional Negligence  
A Qur'anic Framework for Holistic Human Development: The Four Methods of An-Nafs and Their Educational Implications Muhaemin Muhaemin; Asep Saepudin Jahar; Muhammad Azizan Fitriana
BULETIN ADALAH Vol. 10 No. 2 (2026)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v10i2.52592

Abstract

Contemporary educational models often fragment human development into discrete cognitive, affective, or psychomotor domains, overlooking the unified conception of the self that the Qur'an presents. This study addresses the theoretical gap by proposing a holistic Qur'anic framework for the development of an-nafs (the human self) and examining its implications for educational theory and practice. Employing a qualitative library research design grounded in the thematic (mawḍūʿī) method of Qur'anic interpretation, the study systematically analyzes classical and contemporary tafsīr literature alongside peer-reviewed scholarship in Islamic education, psychology, and human development. The findings identify four interconnected methods of self-development: taswiyah al-nafs (self-harmonization), tazkiyah al-nafs (self-purification), iktisyāf al-qudrah (discovery of individual potential), and at-tawāṣul al-wālidī (constructive parent–child communication). These methods are not merely sequential but mutually reinforcing, and they are operationalized through an integrated educational system that encompasses institutional vision, curricular design, learning strategies, management, and assessment. The study contributes a Qur'anic framework that simultaneously integrates spiritual, intellectual, moral, emotional, and psychological dimensions of human growth, offering an alternative to reductionist paradigms that treat these domains in isolation. Rather than rejecting extant theories, this framework provides an additional theoretical perspective rooted in a unified conception of the self. Practically, it offers Islamic educators a theoretically grounded model for fostering character formation and spiritual maturity, and it informs curriculum development and pedagogical practices in contemporary Muslim educational contexts.  Keywords: An-Nafs; Thematic Tafsir (Mawḍūʿī); Holistic Human Development; Islamic Educational Philosophy; Self-Purification (Tazkiyah al-Nafs); Parent–Child Communication; Character Education  

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