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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 7 Documents
 1 
Search results for , issue "vol. 19 no. 2 (2026)" : 7 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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2026.01902.3

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2026.01902.2

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.
Political Dynasties and Democratic Erosion In Indonesia’s 2024 Presidential Election Prasetyoningsih, Nanik; Rizka Annisa Putri; Muhammad Nur Rifqi Amirullah
Arena Hukum Vol. 19 No. 2 (2026)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2026.01902.1

Abstract

Political dynasties became a central legal and ethical controversy in Indonesia’s 2024 presidential election, as candidate eligibility, judicial ethics, and incumbent neutrality converged in the candidacy of Gibran Rakabuming Raka. Previous studies by Mukti and Rodiyah (2020), Luluardi and Diniyanto (2021), and Astuti and Setyarini (2024) have examined political dynasties as a democratic tradition, an election-law problem, and a political-ethics issue. Unlike them, this article links Constitutional Court Decision Number 90/PUU-XXI/2023 with democratic backsliding theory, elite theory, and clientelism theory to explain how legally valid procedures may generate unequal democratic outcomes. This normative legal research, supported by statutory, case, conceptual, and comparative approaches, analyses Indonesia’s Election Law, the 1945 Constitution, Constitutional Court decisions, and comparative experiences from the Philippines, South Korea, and the United States. The findings show that Indonesia does not yet have adequate legal protection against dynastic consolidation; existing rules on candidate eligibility, campaign neutrality, and judicial ethics remain vulnerable to conflicts of interest and instrumental legal interpretation. The article concludes that electoral law reform should strengthen candidate eligibility, incumbent neutrality, campaign-finance transparency, and electoral ethics supervision. Its contribution lies in showing foreign readers how emerging democracies may experience democratic erosion through lawful but ethically fragile institutional pathways.
Lame-Duck Legislation and Executive Aggrandisement in Indonesia Muhammad Nazri; Raharusun, Zulham Fandy; Jaif Saputra
Arena Hukum Vol. 19 No. 2 (2026)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2026.01902.6

Abstract

This study examines legislative dynamics during presidential and parliamentary transition periods (lame-duck sessions) in Indonesia to address two questions: (1) how do political configurations shape the enactment of the Government Regulation in Lieu of Law by the President and the Law by the DPR during transitions, and (2) what are the constitutional and fiscal implications of legal products enacted during such transitions? Prior studies (Gultom, 2019; Perdana, 2024; Pratama and Tyaningrum, 2024) examined aspects of transitional lawmaking but did not synthesise them into a comparative analysis across different transition periods. This study bridges that gap by comparing the issuance of Government Regulations in Lieu of Law No. 1 and 2 of 2014 with the enactment of Law No. 61 of 2024 on State Ministries. Employing normative legal research with historical, comparative, and conceptual approaches, the study finds that the 2014 instruments emerged from a confrontational configuration, functioning as an executive corrective mechanism against the legislature at the time of issuance, before the DPR subsequently enacted them into law. Law No. 61 of 2024, by contrast, emerged from a collusive-facilitative collaboration among the incumbent president, the DPR, and the president-elect. Rather than weakening during the lame-duck period, executive power under Jokowi intensified and was institutionally transferred to his successor, reinforcing autocratic legalism. The study recommends legislative limits on transitional lawmaking and stronger parliamentary oversight, and contributes to comparative literature on democratic backsliding through legal means, offering an empirical case relevant to similar research elsewhere.
Surrogacy and the Legal Consequences of Children in Indonesia (Towards A Maqasid–Certainty Synthesis Framework) Rohmah, Siti; Moh. Anas Kholish; Nurul Islami; Farhanah Azzahrowani
Arena Hukum Vol. 19 No. 2 (2026)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2026.01902.5

Abstract

Surrogacy presents a significant legal challenge in Indonesia, as technological developments in assisted reproduction have transcended the capacity of existing legal frameworks to regulate the resulting parent–child relationship. The absence of comprehensive regulation creates uncertainty in the legality of surrogacy, the determination of legal parentage, and the status of children born through surrogacy. This article analyses the legality and legal consequences of children born through surrogacy in Indonesia, using an integrative approach between maqasid al-shariah and the theory of legal certainty. This normative juridical research reveals legal  gaps and disharmony between Islamic law and positive law, which contribute to ambiguity in lineage, civil rights, and child protection. From the maqasid perspective, surrogacy practices may potentially disrupt the protection of offspring (hifz al-nasl), while from the standpoint of legal certainty, the incomplete norm creates uncertainty and the risk of legal conflicts. This  article proposes the Maqasid-Certainty Synthesis Framework (MCSF) as a conceptual model to align welfare values with juridical certainty. The main recommendation is the establishment of comprehensive regulation, based on a model that prohibits commercial surrogacy and permits strictly supervised, limited exceptions, to ensure justice, child protection, and legal certainty.
Restorative Justice in the Juvenile Justice System: The Quandary Between Restoration and Deterrence Minan; Endi Widodo, Teguh
Arena Hukum Vol. 19 No. 2 (2026)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2026.01902.4

Abstract

Enforcing restorative justice principles within the juvenile justice system often triggers debate over effective restoration versus law enforcement. Unlike previous studies focusing on local juridical analysis (Rizki et al., 2024), scheme effectiveness (Adnyana, 2023), or the best interests of the child (Fithri & Wahyuni, 2026), this study examines the dilemma between restoration and  deterrence in applying restorative justice within the SPPA. Utilising a statutory and conceptual approach within normative legal research, this study aims to assess the tension between a restoration orientation and the protective role of criminal law, which requires deterrence.  The results indicate that this dilemma is not only conceptual—due to an inherent dualism in juvenile sentencing objectives—but also practical, stemming from structural, normative, and cultural obstacles. In response, this study proposes an integrative approach positioning restorative justice as the primary foundation by reconstructing deterrence into educational and proportionate accountability. This study emphasises the importance of shifting from a dichotomous to an integrative approach. Theoretically, these outcomes advance understanding of juvenile criminal law by offering an integrative framework that could serve as a comparative  reference for criminal justice systems in other developing countries.
Protecting the Digital Child: Nigeria’s Child Online Access Protection Bill and the EU GDPR Muhammad Jibril, Abubakar; Nath Singh, Rang
Arena Hukum Vol. 19 No. 2 (2026)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2026.01902.7

Abstract

Rapidly expanding digital technologies have led to urgent legal challenges, increasing children’s exposure to algorithmic harm, cyber-grooming, harmful content, and data exploitation. This study examines how Nigeria’s Child Online Access Protection Bill (HB 244), passed by the National Assembly, proposes to address these risks and how its approach compares with the European Union’s General Data Protection Regulation (GDPR) and its child-specific provisions, referred to in this study as GDPR-K. Existing studies have examined children’s digital privacy and the GDPR, but have paid little attention to Nigeria’s emerging legislative framework and its implications for constitutional privacy and digital child protection. The study aims to identify regulatory convergence and divergence between the two frameworks and assess the implications of the Nigerian approach. Employing a comparative doctrinal legal methodology, the study analyses HB 244, the GDPR, the Nigerian Constitution, and relevant legal studies. The findings indicate that the Nigerian framework adopts child-centred safeguards, including privacy-oriented design, parental involvement, and stronger platform responsibilities, while departing from the EU model through a uniform eighteen-year digital consent threshold and a shared-responsibility approach conceptualised as “Communal Guardianship.” The study concludes that HB 244 offers a distinctive Global South perspective on child online protection but requires privacy-preserving age verification, institutional capacity, and cross-border cooperation. It contributes to comparative digital-rights scholarship by demonstrating how emerging economies may adapt international child-protection principles to their constitutional and socio-legal contexts.

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