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INDONESIA
Arena Hukum
Published by Universitas Brawijaya
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 414 Documents
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Ethical Code Enforcement of the Indonesian National Police on Sexual Orientation Deviation Arnapi; Karnaji; Raharja, Gede Dimas Bayu Hardi; Sofia, Arijna Nurin
Arena Hukum Vol. 18 No. 2 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2025.01802.1

Abstract

The Indonesian National Police (Polri) has the task of maintaining public order in overcoming problems of social deviation, such as sexual orientation deviation (Lesbian, Gay, Bisexual, and Transgender/LGBT). Social deviation in the Polri is limited by norms, rules, and standards of behaviour regulated by the Indonesian Police Code of Ethics (KEPP). This normative legal research analyses regulation of sexual orientation deviation in the KEPP and the enforcement of the code of ethics for sexual orientation deviation by Polri members. The author tries to find a common thread between rules, theories, and practices in compiling the KEPP concept bydeveloping previous research by Mallory et al. (2013), Faridah (2019) and Puspita (2016). Unlike the United States, which protects LGBT rights in the police organization, this is undoubtedly motivated by culture. This study shows : 1) a legal vacuum where sexual orientation deviation in the form of LGBT needs to be included in the violation of the Police’s standard of conduct in Indonesia so that the interpretation of deviation is still interpreted broadly, so deregulation is needed to realize legal reform that upholds religion and morals; also 2) the views of natural law and Human Rights on the regulation of sexual orientation deviation based on KEPP and howthe concept of imposing sanctions for the code of professional ethics if an officials and member of the Police is proven to be LGBT. This paper offers comparative insight for jurisdictions grappling with similar ethical dilemmas within law enforcement institutions in religiousconservative societies.
Constitutional Guarantees Towards the Principles of Freedom and Independence of the Prosecutor's Office in the Exercise of State Power Simamora, Janpatar; Naibaho, Bintang ME
Arena Hukum Vol. 18 No. 2 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2025.01802.2

Abstract

This normative legal research examines the constitutional guarantee of implementing the principle of independence by the Prosecutor’s Office of the Republic of Indonesia as an institution implementing state power in law enforcement. A previous study by Kindangen (2021) also discusses the independence of the Prosecutor’s Office, but from the perspective of prosecutorial authority. Unlike this previous study, this study examines the independence of the Prosecutor’s Office as an implementing agent of state power, particularly from the perspective of trias politica. In contrast, the previous study emphasised the Prosecutor’s Office. For foreign readers, this study provides a description and reference regarding the position of the Prosecutor’s Office of the Republic of Indonesia, which can be used for organising an independent Prosecutor’s Office in other countries. The study results show that although the Prosecutor’s Office is categorised as an implementing agent of state power in the legal field with the principle of independence, its existence is not explicitly regulated in the Constitution. Ideally, the provision of the principle of independence to the Prosecutor’s Office must be balanced with constitutional guarantees so that it is not easily intervened in by any institution, especially the executive or legislative bodies. Therefore, the position of the Prosecutor’s Office should also be used as part of the material content of the Constitution.
Traditional Knowledge on the Intellectual Property of the Indigenous People of Tenganan Pegringsingan Bali Kuspraningrum, Emilda; Cholil, Yuliati; Flambonita, Suci
Arena Hukum Vol. 18 No. 2 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2025.01802.3

Abstract

The potential of traditional knowledge of the indigenous people of Tenganan Pegringsingan, Manggis District, Karang Asam Regency, Bali, leads readers to a new insight that this potential can be measured through the concept of Intellectual Property Rights. This is in accordance with the parameters listed in WIPO and the mandate of Government Regulation No. 56 of 2022 concerning Public Intellectual Property. However, this potential has not been identified as an intellectual property right. This article explores the diverse traditional wisdom within the indigenous community of Tenganan that potentially has an intellectual property right. This traditional wisdom is recorded as part of the knowledge in the Intellectual Property Rights regime using a proprietary system. This study employs a qualitative method with hermeneutic analysis to explore the traditional wisdom of the indigenous people of Tenganan and its potential for protecting intellectual property rights. The results of this study aim to identify the traditional knowledge of the Tenganan indigenous community and classify it within the intellectual property rights regime as regulated in Indonesia’s Intellectual Property Rights Law, with the expectation of supporting the communal intellectual property of the Tenganan people.
Assessing Environmental Protection In Indonesian Mining Laws Kartikasari, Feby Ivalerina
Arena Hukum Vol. 18 No. 2 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2025.01802.4

Abstract

This research investigates the quality of Indonesian mining laws in regulating environmental protection, prompted by the ongoing environmental degradation as a consequence of mining activities. Although various laws have been introduced since the Dutch colonial era, environmental issues remain largely unresolved. This raises the key question: has the quality of current mining laws improved in ensuring environmental protection? Some studies have addressed environmental and natural resource governance in Indonesia, analysing several legal provisions that reveal weaknesses in environmental protection. However, they have not explicitly focused on evaluating the quality of the relevant laws and regulations. Unlike previous research, this study examines legal quality in depth by establishing measurable criteria for analysis. It employs a normative legal method, drawing on legis prudence literature toapply both formal and substantive quality criteria. It also incorporates internationally accepted principles for mining and environmental management. The findings reveal that Indonesia’s mining laws do not meet the legal quality criteria for environmental protection. However, Law No. 4 of 2009 has a higher level of legal quality compared to Law No. 3 of 2020. These results indicate a regression in the legal quality of environmental protection within Indonesia’s mining regulatory framework. This study contributes to legal scholarship by presenting a structured method for analysing the quality of laws and offers valuable insights into the quality of mining law in resource-rich countries, especially Indonesia.
Humanism and Professionalism in Police Reform: A Human Rights-Based Approach to Law Enforcement Berutu, Sigar P.; Saragih, Apri Cuanra
Arena Hukum Vol. 18 No. 2 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2025.01802.5

Abstract

This study departed from the persistent shortcomings in police practices that prioritise the protection of human rights, alongside the prevailing reliance on repressive approaches in law enforcement. Prior studies by Agus Raharjo and Angkasa (2011) as well as Abiezer Manora Purba (2024) highlight the importance of police ethics and professionalism, but without offering a comprehensive integration of institutional reform strategies grounded in humanistic values and human rights principles. This study focus on : (1) How are humanistic and professional law enforced by the police? (2) What strategies can be optimised to strengthen the police’srole in upholding humanism and professionalism in law enforcement? This study aims to analyse the implementation of law enforcement by the Indonesian National Police through the lens of humanism and professionalism, while proposing strategic steps to optimise their role based on human rights protection and public trust. The methodology combines normative empirical legal research with statutory, conceptual, and comparative approaches, supported by field data collected through interviews and document analysis. Findings indicate that, despite the presence of a normative framework, implementation remains hindered by weak internal oversight, inadequate human rights training, and institutional resistance. This study offers a multidimensional reform strategy involving police education curriculum transformation, human rights-based performance evaluation, and strengthened external oversight. Also provides a valuable reference for global legal scholars and practitioners seeking models of institutional reform in police organizations, particularly in contexts where democratic values intersect with coercive authority.
Restorative Justice for Corruptors: A Solution or a Legal Setback? Ardiansyah, Irfan; Rustam
Arena Hukum Vol. 18 No. 2 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2025.01802.6

Abstract

Can restorative justice be applied to corruption cases without weakening law enforcement and encouraging impunity? Restorative justice is generally applied in minor criminal cases to restore victims’ losses. However, its proposed application in corruption cases in Indonesia has sparked debate regarding its effectiveness and legal implications. This study employs a normative comparativelegal approach, examines the benefits and risks of restorative justice for perpetrators of corruption and compares it with practices in Brazil, Colombia, and South Africa. While this approach has the potential to expedite the recovery of state assets, without strict regulation, it may undermine deterrence and encourage impunity. Furthermore, regulatory challenges and the need for an ideal implementation mechanism are key concerns to ensure that such a policy does not weaken law enforcement efforts. Unlike previous studies by Pelengkahu and Indirwan (2022), Faharuddin and Hakim (2023), and Franata and Santiago (2023), which tend to adoptconceptual or normative approaches, this article offers a practical framework by proposing stringent technical parameters, including a minimum asset recovery of 200%, mandatory minimum sentences, and the revocation of political rights for offenders. This study presents a substantial contribution to the ongoing legal debate. In addition to offering a contextual policy perspective for Indonesia, the article also provides value for international readers, particularly in understanding the dynamics of applying restorative justice to extraordinary crimes such as corruption in developing countries. The findings and recommendations herein may stimulate cross-country comparative research and broaden the global discourse on balancing state asset recovery with firm legal enforcement.
The Sentencing of Insult and/or Defamation Cases in Indonesia Djatmika, Prija; Istiqomah, Milda
Arena Hukum Vol. 18 No. 2 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2025.01802.7

Abstract

This study examines sentencing decisions in cases of insult and/or defamation by employing a mixed-method approach that combines quantitative and qualitative analysis. Quantitative analysis uses district court verdicts from 2016 to 2021 to identify patterns and trends in sentencing, while qualitative analysis delves into aggravating and mitigating factors in judges’ considerations. Compared to previous studies, conducted by Samudra (2019), Ziar (2022), Fatmawati, et al. (2023), Emaliawati (2024), and Nurbaeti (2025), the result of this study shows that most cases end with prison sentences and/or fines. Judges consider various factors such as the severity of the offence, the impact on the victim, and the defendant’s background. Interestingly, there were several cases, particularly those involving corporations, where judges imposed much harsher sentences than the prosecutor’s prosecution, indicating a unique dynamic in the application of justice. From the perspective of judicial independence theory, the judges should exercise their independence in interpreting legal norms and balancing between positive law and substantive justice. Judges are not merely “mouthpieces of the law”; they are active actors in assessing the moral value and social impact of the defendant’s actions. Meanwhile, based on the theory of punishment, the decisions reflect a retributive approach as a form of retribution for reprehensible acts, as well as a preventive approach, to deter perpetrators and the wider community. This study makes an important contribution to understanding the complexity of sentencing in cases of insult and/or defamation and highlights the need for more measurable and consistent sentencing guidelines.
Green Investment Effect on Upstream Oil and Gas Activities in Indonesia Sang Ayu Putu Rahayu; Puteri, Dina Silvia; Nathanael Bayu Ajie Pratomo
Arena Hukum Vol. 18 No. 3 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

Petroleum remains a key global energy source. Like coal, it significantly contributes to carbon emissions. In the era of energy transition, Indonesia faces mounting pressure to align its upstream oil and gas sector with global sustainability standards. The legal challenge lies in crafting a regulatory framework that both supports green investment and ensures environmental accountability. While Paramita (2022) and Wijaya (2022) have explored environmental governance in the energy sector, they primarily focus on renewable energy and overlook the regulatory transformation needed within fossil fuel industries. This study addresses the gap by examining how green investment interacts with upstream oil and gas activities in Indonesia and comparing its regulatory framework with those of Brazil and China, two countries with major emerging economies, using contrasting approaches to sustainable energy governance. Brazil emphasises environmental legislation in ecologically sensitive regions, while China exemplifies a centralised model of state-led green reform. This research employs a non-doctrinal socio-legal approach, combining statutory and comparative legal analysis with empirical fieldwork, including interviews with an Indonesian upstream oil and gas company. Findings reveal that Indonesia’s legal infrastructure remains underdeveloped in supporting low-carbon transition within its fossil energy sectors. Strengthening legal mechanisms and incentivising technological innovation are identified as critical strategies to align investment with environmental goals. This study contributes to legal science by offering a comparative lens on green regulatory transformation in resource-dependent economies. For international readers, it highlights the importance of sustainable legal reform in the context of fossil energy in three countries.
Legal Protection of Pharmacists in Digital Prescription Services Dwi Erawati, Ambar; Hargianti Dini Iswandari; Okti Tri Hastuti Dyah Retnaningrum; Lawrence Essuman
Arena Hukum Vol. 18 No. 3 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

This research examines the legal protections for pharmacists who provide drug services via digital prescriptions. Currently, no previous research discusses this issue. Prior studies have focused on the legal protection of patients and on electronic prescriptions as the legal object rather than on digital prescriptions. Schiff et al. (2018) examined the legal protection of patients as the legal object in electronic prescriptions, while Farghali et al. (2024) discussed e-prescribing to protect patients. Hareem et al. (2023) found that e-prescriptions can address technical problems in prescribing and guarantee patient safety. Departing from the above background, this research seeks to investigate the following problems: 1) What phenomenon arises in pharmacies that process digital prescription services? 2) Are pharmacists who process drugs on digital prescriptions legally protected? This study explains the phenomenon of digital prescription services and finds legal protection for pharmacists who process digital prescriptions. This research employs a qualitative phenomenology approach. Primary data consist of primary and secondary legal materials, which were analysed and concluded deductively. The theory of justice was used as the grand theory, while the legal system as the middle theory. This study found that there is a gap between the National Agency of Drug and Food Control (BPOM) Regulation Number 8 of 2020 concerning Drug and Food Control and the Indonesian Ministry of Health Number HK.01.07/MENKES/13/2023 concerning Professional Standards for Pharmacists. Electronic system technology is currently not ready in both technological and legal settings, as it cannot detect digital prescription validation, thereby failing to provide legal protection for pharmacists. For foreign readers, this research can serve as a reference for developing digital prescription technology, ensuring that digital prescriptions provide fair protection for patients and pharmacists.
Legal Strategies for Corruption Asset Recovery and Public Trust Wardani, Dian Eka Kusuma; Anggraeni, Mulia; Rizal, Andi
Arena Hukum Vol. 18 No. 3 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

Recovery of corruption assets is a crucial legal and policy issue, yet Indonesia's history of asset recovery has not yielded significant results due to structural and procedural setbacks. Previous studies by Septiana & Afifah (2022) on civil confiscation and Santosa et al. (2023) on comparative asset forfeiture regulations have examined some aspects of this issue, but lack a comprehensive approach that integrates the principles of the United Nations Convention Against Corruption (UNCAC), domestic law, and the practical challenges faced by third parties. This study examines the procedures established under the UNCAC and their integration into the Indonesian legal framework, with the aim of facilitating the recovery of seized assets in corruption cases. It also investigates the difficulties in verifying asset ownership, the legal framework, and procedures for asset forfeiture. The paper's methodology combines a conceptual approach, which serves as a breakthrough in addressing emerging challenges, with normative research methods. According to the study's findings, the UNCAC addresses asset recovery from corruption crimes in two ways: direct property recovery and recovery through international collaboration. Meanwhile, the confiscation of assets from corruption crimes through prosecution is intended to return assets gained from corruption crimes under Law No. 20 of 2001, which has amended Law No. 31 of 1999, based on confiscation of assets from corruption crimes through civil lawsuits and confiscation of assets from corruption crimes that are difficult to prove through the shifting burden of proof. This research offers a comprehensive strategy that can serve as the foundation for developing a more effective asset recovery policy in Indonesia.

Page 41 of 42 | Total Record : 414

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