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INDONESIA
Arena Hukum
Published by Universitas Brawijaya
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 2 Documents
 1 
Search results for , issue "vol. 19 no. 2 (2026)" : 2 Documents clear
Judicial Bribery in Indonesia: Legal Culture, Illiberal Legalism, and Southeast Asia Efendi, Jonaedi; Prasetijo Rijadi; Ernawati Huroiroh
Arena Hukum Vol. 19 No. 2 (2026)
Publisher : Universitas Brawijaya

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Abstract

Judicial bribery in Indonesia persists despite successive institutional reform cycles since the Reform era, a persistence that institutional weakness alone cannot explain. Existing studies leave three gaps: single-country historical accounts (Lev, 2000; Pompe, 2018; Crouch, 2019) do not compare Indonesia systematically with other jurisdictions; comparative studies (Quoc Bui et al., 2021; Diar, Munandar, and Aziz, 2025) lack a structured theoretical framework explaining why integrity outcomes diverge; and illiberal legalism (Mudhoffir and A'yun, 2021) has not been applied specifically to the judiciary. This article addresses these gaps by examining judicial bribery as a field-level phenomenon, drawing on Bourdieu's theory of the juridical field, habitus, and symbolic capital, and supplementing it with Merton's strain theory and Becker's labelling theory. Employing socio-legal research through a qualitative, library-based comparative approach, the study compares Indonesia with Malaysia, the Philippines, and Singapore using three variables: field insulation from political and economic capital, habitus orientation of judicial actors, and the conversion rate of symbolic authority into economic capital. The findings show that bribery's persistence stems from a patronage logic rooted in colonial legal instrumentalism and entrenched during the New Order, varying systematically with each country's field insulation. Deviant legal culture is replaced with illiberal legalism, understanding bribery as a mode of operating within the legal order for dominant actors' benefit. Durable reform requires structural transformation and sustained political will against elite capture. The article uses Bourdieu's framework as a transferable comparative model, offering foreign readers a lens for analysing similar patronage-based judiciaries elsewhere.
Reconstructing Indonesia’s Psychological Provocation Doctrine: Toward Gender-Responsive Criminal Liability Reform Susilo, Erwin
Arena Hukum Vol. 19 No. 2 (2026)
Publisher : Universitas Brawijaya

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Abstract

This research examines the urgency of reconstructing the provocation doctrine in Indonesian criminal law related to murder committed under conditions of loss of self-control due to severe psychological pressure. The problem arises following the absence of provisions in Law No. 1 of 2023 on the Criminal Code governing psychological provocation, leading to legal uncertainty and the potential for gender bias in sentencing. Previous research by Garvey (2023), Slavković (2023), Owusu (2023), and Bettinson and Wake (2024) discussed the doctrine of provocation from the perspectives of comparative law, gender, and victim protection. However, no previous research formulates a model integrating “forensic psychology, victim protection, and criminal accountability” specifically applied to Indonesia. This research aims to formulate a model for reconstructing the provocation doctrine that is more proportional and gender-responsive. The method used is normative legal research with statutory, conceptual, comparative, and case approaches. The research results indicate that psychological provocation has been considered in Indonesian judicial practice, but without clear parameters. Therefore, this research offers the Indonesian Provocation Doctrine Concept based on evidence-based culpability, constitutional victim protection, and objective-contextual reasonableness. This research concludes that psychological provocation should serve as a basis for mitigating punishment, not as a justification or excuse. Explicit regulations in the Criminal Code are necessary to ensure legal certainty, victim protection, and proportional punishment. Theoretically, this research contributes to the development of modern criminal law and can serve as a reference for the reform of criminal liability doctrine in other countries.

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