Al-Ishlah: Jurnal Ilmiah Hukum is a scientific publication published every December – May and June – November, Publisher by Faculty of Law, Universitas Muslim Indonesia. The published article is the result of selection with a double-blind review system. We accepts manuscripts in the form of empirical research results, doctrinal studies, conceptual ideas, and book reviews relevant to the Legal Studies Discipline. In addition, the Editor processes manuscripts that have never been published before.
Faculty of Law, Universitas Muslim Indonesia
Criminal Responsibility for Domestic Violence Offenders in the Context of Suspected Adultery by the Wife
This study examines the criminal responsibility of perpetrators of domestic violence in the context of alleged adultery by the wife, with a focus on how such allegations influence the proof of the element of fault in criminal law. The research employs an empirical legal approach aimed at understanding how legal norms operate in practice, particularly in handling domestic violence cases at the Makassar Metropolitan Police (Polrestabes Makassar). The findings indicate that allegations of adultery often function as a triggering factor for acts of violence due to emotional, social, and psychological dynamics within the household. However, from a criminal law perspective, such allegations do not possess juridical power to justify or eliminate criminal responsibility. The study reveals that the element of fault, particularly intent (mens rea), remains the central determinant in establishing criminal liability. The perpetrator’s conscious decision to commit acts of violence, despite being driven by emotional motives, fulfills the requirements of intentional wrongdoing. Furthermore, the legal system consistently rejects justifications based on emotional reactions, cultural values, or misinterpretations of religious teachings. The study also highlights challenges in the evidentiary process, particularly in proving psychological violence, and emphasizes the importance of expert testimony and documentary evidence such as visum et repertum. The research concludes that domestic violence cannot be justified under any circumstances, and legal enforcement must prioritize victim protection while maintaining the principles of justice, legal certainty, and expediency. Strengthening preventive measures, public awareness, and evidentiary regulations is essential to ensure more effective protection for victims
Copyright (c) 2026 Adhyatma Noer, Hambali Thalib, Zainuddin Zainuddin https://creativecommons.org/licenses/by/4.0
The Effectiveness of the Implementation of Supervisory Functions by the Head of Wassidik Division in Handling Corruption Cases at the West Sulawesi Regional Police
This study examines the effectiveness of the implementation of supervisory functions by the Head of the Wassidik Division in handling corruption cases at the West Sulawesi Regional Police. Corruption in Indonesia has developed into a systemic and complex problem that requires professional, accountable, and transparent law enforcement. The investigation stage plays a crucial role in determining the success of uncovering corruption cases, making supervisory functions essential in ensuring procedural compliance and preventing abuse of authority. This research employs an empirical legal approach with a sociological perspective, focusing on law in action. Data were collected through interviews and document studies, then analyzed qualitatively using descriptive, interpretative, and evaluative techniques. The findings indicate that the supervisory function has been implemented but has not yet reached optimal effectiveness. Several inhibiting factors were identified, including limitations in human resources, inadequate infrastructure, weak inter-unit coordination, organizational cultural challenges, regulatory weaknesses, and the complexity of corruption cases. External intervention and limited budget allocation also affect supervisory performance. Strengthening institutional capacity, improving human resource competence, enhancing technological support, and reforming organizational culture are necessary to improve supervisory effectiveness. The study concludes that effective supervision is essential to ensure high-quality investigations and to support fair and accountable law enforcement in corruption cases
Copyright (c) 2026 Andi Janganlolo, Askari Razak, Mursyid Mursyid, Hardianto Djanggih https://creativecommons.org/licenses/by/4.0
Criminal Law Enforcement on Illegal Access to Bank Customer Data: A Study at the South Sulawesi Regional Police
This study aims to analyze criminal law enforcement against perpetrators of illegal access to bank customer data at the South Sulawesi Regional Police and to identify the factors influencing its effectiveness. The research employs an empirical legal method with a normative-empirical approach, examining the relationship between legal norms and their implementation in practice. Data were collected through library research, interviews, and document studies, using both primary and secondary legal materials. The findings reveal that criminal law enforcement has been implemented through investigation and inquiry processes based on the Law on Information and Electronic Transactions, the Banking Law, and the Personal Data Protection Law. However, its effectiveness has not yet been fully optimal due to several obstacles, including limited human resource capacity, inadequate digital forensic facilities, the complexity of electronic evidence, weak inter-agency coordination, rapid technological developments, and low public awareness of digital security. The study concludes that strengthening adaptive regulations, improving investigator competence, enhancing digital forensic infrastructure, and intensifying coordination among law enforcement agencies, banking institutions, and regulatory bodies are essential to achieving more effective and professional law enforcement. Public education on personal data protection is also necessary to support preventive efforts against cybercrime in the banking sector
Copyright (c) 2026 Dodik Susianto, La Ode Husen, Zainuddin Zainuddin, Muh. Zulkifli Muhdar https://creativecommons.org/licenses/by/4.0
Implementation of Sustainable Development Law on the Empowerment of Coastal Communities in Supporting Food Security: A Study on Coastal Communities in Malauku
This study examines the implementation of sustainable development law in empowering coastal communities to support food security in the waters of Maluku. The research is grounded in the understanding that sustainable development integrates economic, social, and environmental dimensions within a legal framework to ensure justice, legal certainty, and societal welfare. Coastal communities in Maluku possess significant marine resource potential; however, they continue to face structural challenges such as limited access to capital, low technological capacity, and inadequate market integration. This study employs an empirical legal research method with a socio-legal approach, combining normative legal analysis and field data obtained through interviews and literature review. The findings reveal that the implementation of sustainable development law has a strategic role in improving community welfare and strengthening food security through fisheries-based resources. Nevertheless, its effectiveness is influenced by multidimensional factors, including regulatory clarity, institutional capacity, community participation, access to resources, and the integration of local socio-cultural values such as sasi laut. The study also highlights the importance of synergy between government institutions, communities, and other stakeholders in ensuring the sustainability of empowerment programs. Strengthening regulatory harmonization, institutional capacity, access to financing and technology, and participatory approaches based on local wisdom are essential to enhance policy effectiveness. Furthermore, consistent law enforcement and improved monitoring and evaluation systems are necessary to maintain the sustainability of marine resources. This study contributes both theoretically and practically by providing insights for policymakers in developing more inclusive, adaptive, and sustainable coastal development strategies
Copyright (c) 2026 Hanarko Djodi Pamungkas, Hambali Thalib, La Ode Husen, Muh. Zulkifli Muhdari https://creativecommons.org/licenses/by/4.0
Responsibility of Local Government in Ensuring the Rights of Informal Sector Workers: A Case Study of Illegal Parking Attendants in Tanah Abang
This study aims to analyze the responsibility of the DKI Jakarta Provincial Government in managing illegal parking attendants in the Tanah Abang area and its conformity with the principles of the rule of law and the fulfillment of the right to work. The study employs an empirical method with descriptive and prescriptive approaches to examine the gap between legal norms and social realities. The findings indicate that the existence of illegal parking attendants is a structural phenomenon influenced by limited access to formal employment and the high demand for parking services in urban areas. The policy approach, which has predominantly been repressive, has not been able to resolve the root causes and instead tends to create a recurring cycle between enforcement and the re-emergence of illegal parking practices. From the perspective of the rule of law, the implementation of Regional Regulation Number 5 of 2012 on Parking has not fully reflected the principles of legality, justice, and expediency. The fulfillment of the right to work requires the local government not only to enforce order but also to provide access to decent employment, legal protection, and social security for informal sector workers. Therefore, policy reform is needed through inclusive, adaptive, and data-driven measures, including data collection, administrative recognition, simplification of licensing, and strengthening of empowerment and job training programs. A comprehensive approach integrating legal, social, and economic aspects is expected to achieve substantive justice and improve public welfare sustainably.
Copyright (c) 2026 Rama Nugraha Alvareza, Muhammad Kamal, Muhammad Kamal, Askari Razak https://creativecommons.org/licenses/by/4.0
The Effectiveness of Law Enforcement by the Police in Addressing Motorcycle Theft Crimes: A Study at the South Sulawesi Regional Police
This study aims to analyze the effectiveness of police functions in law enforcement against motorcycle theft within the jurisdiction of the South Sulawesi Regional Police. The research employs an empirical juridical approach by examining the implementation of law in practice through field data and legal analysis. Data were obtained from interviews with police investigators, documentation studies, and relevant legal materials. The findings indicate that police functions, including preemptive, preventive, and repressive measures, have been implemented but have not yet achieved optimal effectiveness. This is reflected in the gap between the number of reported cases and the rate of case resolution. Several factors influence this condition, including the consistency of legal regulations, the professionalism and integrity of law enforcement officers, limitations in facilities and infrastructure, low community participation, and the level of legal culture within society. The study emphasizes the importance of strengthening institutional capacity, utilizing technology, enhancing community involvement, and reformulating adaptive law enforcement strategies. These efforts are expected to improve the effectiveness of law enforcement and contribute to maintaining public security and order
Copyright (c) 2026 Ardia Uga Mawarni, Askari Razak, fahri Bachmid https://creativecommons.org/licenses/by/4.0
Judicial Review of the Legality of Law Enforcement Actions in Pretrial Proceedings: An Analysis of the Makassar District Court Decision No. 36/Pid.Pra/2023/PN Mks
This study aims to analyze the legality of law enforcement actions in pretrial proceedings, particularly concerning the determination of suspect status, arrest, and detention, as reflected in the Decision of the Makassar District Court No. 36/Pid.Pra/2023/PN Mks. The research employs a normative juridical method with statute, case, and conceptual approaches. The findings indicate that the judge in the pretrial decision emphasized formal legality and procedural compliance in assessing the validity of investigative actions. The determination of suspect status, arrest, and detention were declared lawful due to the existence of at least two valid pieces of evidence and the fulfillment of procedural requirements in accordance with the Criminal Procedure Code. The Applicant’s arguments were rejected primarily due to the ضعف of evidentiary support, particularly the inability to demonstrate concrete procedural violations. In contrast, the Respondent successfully presented systematic and consistent documentary evidence demonstrating adherence to legal procedures. The study further reveals that pretrial proceedings in practice tend to function as a mechanism of administrative control rather than a substantive review of evidentiary quality. This condition raises concerns regarding the effectiveness of pretrial proceedings in protecting human rights. Therefore, strengthening evidentiary standards and expanding the scope of judicial review are necessary to ensure more comprehensive legal protection
Copyright (c) 2026 St Fatimah, La Ode Husen, Nur Fadhilah Mappaselleng https://creativecommons.org/licenses/by/4.0
Law Enforcement of the Crime of Human Trafficking against Indonesian Migrant Workers: An Analysis of Decision Number 1313/Pid.Sus/2023/PN Makassar
This study aims to analyze law enforcement against the crime of human trafficking involving Indonesian migrant workers, as well as the judicial considerations in Decision Number 1313/Pid.Sus/2023/PN Makassar. This research employs a normative legal method using statutory, case, and conceptual approaches. The results indicate that, from a juridical perspective, law enforcement against human trafficking has a strong legal foundation in both national law and international instruments. The court decision reflects the application of the principle of material truth and the independence of judicial power through juridical and sociological considerations. However, there remain weaknesses in the sentencing aspect, which has not fully produced a deterrent effect and has not optimally fulfilled victims’ rights, particularly concerning restitution and recovery approaches. This study recommends strengthening sentencing policies oriented toward substantive justice through the integration of retributive and restorative approaches, enhancing victim protection, and improving coordination and capacity of law enforcement authorities in order to increase the effectiveness of law enforcement and protection for Indonesian migrant workers
Copyright (c) 2026 Muh. Adit Anugrah Mukhsin, Askari Razak, Baharuddin Badaru https://creativecommons.org/licenses/by/4.0
The Effectiveness of the Role of the National Narcotics Agency (BNN) of South Sulawesi Province in the Recovery and Social Reintegration of Drug Abusers
This study analyzes the effectiveness of the role of the National Narcotics Agency (BNN) of South Sulawesi Province in implementing recovery (rehabilitation) and social reintegration programs for drug abusers. It employs an empirical juridical (socio-legal) approach with a descriptive-analytical design and qualitative method, using data from interviews, observation, and documentation involving key stakeholders. The findings show that BNN’s role has been relatively effective, reflected in comprehensive, structured, and sustainable rehabilitation programs that embody a shift from a repressive to a humanistic and restorative approach. Effectiveness is indicated by behavioral changes among clients, reduced relapse rates, and increased social acceptance supported by family, community, and inter-agency collaboration. Nonetheless, effectiveness is influenced by legal frameworks, law enforcement, facilities, societal attitudes, and legal culture, with limitations in human resources, budget, and infrastructure as key challenges. The study concludes that a holistic and integrated approach is essential, with strengthened institutional capacity, improved facilities, increased public awareness, and expanded community-based programs to support sustainable reintegration and reduce drug abuse
Copyright (c) 2026 Jumadil Awal, La Ode Husen, Agussalim A Gadjong https://creativecommons.org/licenses/by/4.0
The Role of Provost in Enforcing Internal Police Discipline: A Juridical Study at Battalion C Pelopor, Mobile Brigade Corps (Brimob), South Sulawesi Regional Police
This study examines the juridical function of the Provost in enforcing disciplinary law within the Indonesian National Police at Battalion C Pelopor of the Mobile Brigade Corps, South Sulawesi Regional Police. The research applies a sociological or empirical legal approach that analyzes law not only as written norms but also as legal behavior in institutional practice. Data were obtained through literature review, interviews, and observation involving police personnel, academics, legal practitioners, and members of the public. The findings show that the Provost serves as a strategic internal supervisory body responsible for monitoring, investigating, and enforcing disciplinary rules among police officers. The juridical basis of this function derives from Law Number 2 of 2002 on the Indonesian National Police and Government Regulation Number 2 of 2003 on Police Disciplinary Regulations. The study also reveals that disciplinary enforcement operates through systematic procedures such as reporting, investigation, and leadership decision-making. Its effectiveness, however, is influenced by legal substance, professionalism of officers, availability of facilities, community expectations, and organizational culture. Strengthening the capacity and independence of Provost personnel, improving legal awareness and professional ethics, and enhancing transparency in disciplinary processes are necessary to support institutional accountability and public trust in the police
Copyright (c) 2026 A. Muallim AM, Askari Razak, Baharuddin Badaru https://creativecommons.org/licenses/by/4.0
Juridical Analysis of Legal Certainty in the Resolution of Land Rights Disputes in Makassar City
This study analyzes legal certainty in the resolution of land rights disputes in Makassar City and identifies factors affecting the effectiveness of non-litigation dispute settlement. Land disputes remain a significant legal issue in Indonesia, particularly in rapidly developing urban areas. This research applies a combined normative and empirical legal approach with qualitative analysis. Normative research examines legal norms and regulations governing land dispute resolution, while empirical research explores their implementation in practice. Data were collected through literature review, interviews, and field observations involving judges, officials of the National Land Agency (BPN), and legal practitioners in Makassar. The findings indicate that although mediation and other non-litigation mechanisms offer faster and less costly solutions, their implementation remains suboptimal. The effectiveness of legal certainty is influenced by several factors, including community culture, legal knowledge, legal structure, legal awareness, and supporting facilities and infrastructure. Among these, facilities and infrastructure as well as community culture are the most dominant factors. Strengthening institutional capacity, improving mediator competence, and enhancing legal literacy are essential to improve non-litigation land dispute resolution in Makassar City
Copyright (c) 2026 Zaqia Rezky Intan Saputri, Muhammad Kamal, Askari Razak https://creativecommons.org/licenses/by/4.0
The Legal Construction of Electoral Crimes in the Indonesian Legislative Framework
This study examines the legal construction of electoral crimes within the Indonesian legislative framework. Elections in Indonesia are constitutionally mandated to be conducted in a direct, general, free, secret, honest, and fair manner as stipulated in Article 22E of the 1945 Constitution. To safeguard these principles, various statutory regulations have been enacted, particularly Law No. 7 of 2017 on General Elections and Law No. 10 of 2016 on Regional Head Elections. This research employs a normative legal method with statutory, conceptual, and analytical approaches to analyze the formulation of electoral criminal norms, the structure of offenses, legal subjects, protected legal interests, and sanction mechanisms. The study finds that the regulation of electoral crimes has been systematically constructed through a multi-layered framework consisting of constitutional provisions, statutory regulations, general criminal law, and implementing regulations. However, several issues remain, including ambiguity in the formulation of offense elements, overlap between administrative, ethical, and criminal violations, limited regulatory reach over digital-based electoral offenses, and inconsistencies in sanction proportionality. These challenges affect the effectiveness of electoral law enforcement and the protection of fundamental electoral principles. Therefore, harmonization and reformulation of electoral criminal norms are necessary to ensure clearer offense elements, stronger legal certainty, and a sanction system that proportionally protects the integrity of electoral processes and democratic legitimacy in Indonesia
Copyright (c) 2026 Muhammad Fadel Kadir, Nur Fadhilah Mappaselleng, Askari Razak https://creativecommons.org/licenses/by/4.0
A Comparative Study of the Concept of Adultery Offenders in At-Tasyri’ Al-Jina’i Al-Islami and the Aceh Qanun Number 6 of 2014 on Jinayat Law
This study aims to analyze and compare the concept of zina offenders in At-Tasyri’ Al-Jina’i Al-Islami by Abdul Qadir Audah with the provisions stipulated in Aceh Qanun Number 6 of 2014 concerning Jinayat Law. This study is important to understand how the concepts of classical Islamic criminal law found in the literature of fiqh jinayah are adopted and adapted within the regional positive legal system in Aceh, which has special authority in implementing Islamic law. This research employs a normative legal research method using statutory, conceptual, and comparative approaches. The legal materials consist of primary legal sources, namely At-Tasyri’ Al-Jina’i Al-Islami and Aceh Qanun Number 6 of 2014, as well as secondary legal materials in the form of books, scientific journals, and relevant previous studies. The analysis is conducted using a descriptive-comparative method to identify similarities and differences in the legal concepts contained in the two sources. The results show that both share similarities in their theological foundation, objectives of punishment, and the principle of caution in proving the offense of zina through confession and the testimony of four witnesses. However, fundamental differences exist in the definition of zina, the classification of offenders, and the types of sanctions imposed. At-Tasyri’ Al-Jina’i Al-Islami distinguishes offenders between muhsan and ghairu muhsan with sanctions of stoning and flogging, whereas the Aceh Qanun simplifies the classification of offenders and only imposes flogging as the principal punishment. These differences indicate a process of adaptation and positivization of Islamic law within the Indonesian national legal system by considering aspects of public welfare, the effectiveness of law enforcement, and human rights principles
Copyright (c) 2026 Andi Muhammad Firdaus Tamin, Syahruddin Nawi, Hardianto Djanggih, Anzar Makkuasa https://creativecommons.org/licenses/by/4.0
The Effectiveness of Restorative Justice in Judicial Decisions: The Transformation of the Sentencing Paradigm in Indonesia
This study examines the effectiveness of implementing restorative justice within Indonesia’s sentencing system in light of recent criminal law reform. Restorative justice, which emphasizes victim recovery, offender accountability, and social reconciliation, reflects values long embedded in Indonesia’s customary traditions. The enactment of Law Number 1 of 2023 concerning the Criminal Code marks a significant normative and philosophical shift from retributive punishment toward restoration and social balance. Despite the availability of various regulatory frameworks and institutional guidelines, challenges remain, particularly in procedural law, regulatory fragmentation, limited institutional capacity, and prevailing retributive legal culture. Using a normative juridical approach supported by conceptual and statutory analysis, this research evaluates the consistency between restorative justice principles and their practical application in judicial decisions. The findings indicate that restorative justice in Indonesia is in a transitional phase, with stronger implementation in juvenile and minor offense cases, while broader application still requires harmonization of criminal procedure law, enhanced judicial capacity, and systemic coordination among law enforcement agencies. Strengthening these aspects is essential to ensure that restorative justice becomes a substantive and consistent paradigm within Indonesia’s modern sentencing system
Copyright (c) 2026 Alif Fajar Herihanli Palimai, Mulyati Pawennei, Baharuddin Badaru https://creativecommons.org/licenses/by/4.0
Juridical Implications of Differences in Witness Testimony between Trial and Investigation Report
Differences in witness testimony between the Investigation Report (Berita Acara Pemeriksaan/BAP) at the investigation stage and statements delivered during trial are a phenomenon that frequently occurs in criminal justice practice in Indonesia. This study aims to analyze the juridical implications as well as the factors influencing such differences from the perspective of criminal procedural law. The research method employed is empirical juridical with a qualitative approach through normative study and field data. The findings indicate that discrepancies in witness testimony do not always reflect inconsistencies that weaken evidentiary value; rather, they may be influenced by internal witness factors, external situational factors, and procedural factors within the examination process. The Criminal Procedure Code (KUHAP) places testimony delivered in court as evidence with primary probative value, while the BAP functions as a supporting instrument to assess consistency. Therefore, judges must evaluate differences contextually by considering the substance of facts, their correlation with other evidence, and the principle of seeking material truth. Strengthening the professionalism of law enforcement officers and enhancing witness protection are essential to minimize substantive discrepancies and maintain the quality of the evidentiary process.
Copyright (c) 2026 Isnawanti Isnawanti, A Muin Fahmal, Ilham Abbas https://creativecommons.org/licenses/by/4.0
Criminal Law Enforcement in the Suppression of the Crime of Human Trafficking
This study aims to analyze the regulation and enforcement of criminal law in combating the crime of human trafficking in Indonesia from a normative legal perspective. The research method employed is normative legal research using statutory and conceptual approaches through an examination of the 1945 Constitution of the Republic of Indonesia, Law Number 21 of 2007 on the Eradication of the Crime of Human Trafficking, the Criminal Code (KUHP), and the Criminal Procedure Code (KUHAP). The findings indicate that, normatively, Indonesia has established a relatively comprehensive legal framework through the Anti-Trafficking Law (UU PTPPO) as a lex specialis emphasizing both the punishment of perpetrators and the protection of victims. However, the effectiveness of law enforcement still faces various challenges, including the complexity of proving chain crimes, limited investigative capacity—particularly regarding digital evidence—disharmony in the application of legal provisions, weak inter-agency coordination, and suboptimal victim recovery mechanisms that risk causing revictimization. Effective criminal law enforcement requires the integration of repressive and restorative approaches through the implementation of a victim-centered approach, strengthening witness and victim protection mechanisms, enhancing technology-based evidentiary capacity, and promoting cross-sectoral as well as international coordination. Therefore, criminal law enforcement against human trafficking must be directed not only toward legal certainty but also toward substantive justice and the restoration of victims’ dignity within a human rights–oriented rule of law framework
Copyright (c) 2026 Mar’ie Muhammad, Hambali Thalib, Salle Salle https://creativecommons.org/licenses/by/4.0
The Juridical Implications of an Acquittal for the Legal Protection of Children in Sexual Abuse Cases
The acquittal verdict in cases of child sexual abuse has generated debate between the demand for victim protection and the principle of procedural justice in criminal procedural law. This study aims to analyze the juridical implications of acquittal decisions on child legal protection through an examination of the Parepare District Court Decision No. 61/Pid.Sus/2024/PN.Pre, which has obtained final legal force. The research employs a normative legal approach using statutory analysis and judicial decision review. Legal materials are analyzed qualitatively to assess the conformity of judicial reasoning with evidentiary principles under the Criminal Procedure Code (KUHAP) and the Child Protection Law. The findings indicate that the acquittal constitutes a juridical consequence of the failure to fulfill the elements of the offense and the absence of judicial conviction based on the evidentiary standard set forth in Article 183 of the KUHAP. The decision reflects the application of the presumption of innocence and the principle of in dubio pro reo, while simultaneously highlighting weaknesses in evidentiary quality in cases of sexual violence against children. This study emphasizes the need to strengthen investigations, scientific-based evidence, and inter-agency coordination to ensure effective child legal protection without undermining procedural justice for defendants
Copyright (c) 2025 Aftar akbar, Mulyati Pawennei, Nasrullah Arsyad https://creativecommons.org/licenses/by/4.0
Strategies to Prevent and Reform Violence by Police Officers through a Criminological Approach in the South Sulawesi Regional Police
This study examines criminological strategies to prevent and reform police violence within the South Sulawesi Regional Police. Using qualitative empirical data from interviews and official records, the study finds that police violence occurs in physical, armed, and verbal forms, driven by individual stress, situational pressures, organizational culture, and weak institutional control. The findings demonstrate that disciplinary or repressive measures alone are insufficient to ensure lasting behavioral change. Effective prevention and reform require an integrated, layered approach combining primary prevention (ethical and human rights training, selective recruitment), secondary prevention (early detection, psychological assessment, mentoring, and supervision), and tertiary prevention (rehabilitation and behavioral reorientation), reinforced by accountable legal mechanisms, community participation, and psychological interventions. Integrating penal and non-penal approaches within a criminological framework provides a more sustainable model for fostering professional, humanistic policing and restoring public trust in a democratic rule-of-law state
Copyright (c) 2026 Marikar Marikar, Hambali Thalib, Abd Rahman, Ilham Abbas https://creativecommons.org/licenses/by/4.0
Effectiveness of Narcotics Investigations in Central Sulawesi: A Procedural and Evidentiary Assessment under KUHAP and the Narcotics Law
This study examines the effectiveness of narcotics crime investigations within the jurisdiction of the Central Sulawesi Regional Police through a procedural and evidentiary lens. Narcotics crimes pose a serious and evolving threat, requiring law enforcement responses that are legally sound, professional, and outcome-oriented. Using an empirical juridical approach with a descriptive-analytical design, the research analyzes the implementation of investigative stages, from inquiry, case exposition, to formal investigation, under Indonesia’s Criminal Procedure Code (KUHAP), the Narcotics Law, the Police Law, and Police Regulation No. 6 of 2019. Primary data were collected through interviews with narcotics investigators and questionnaires capturing perceptions of investigative effectiveness, while secondary data were drawn from legislation, scholarly literature, and prior studies. The findings indicate that, although procedural compliance and case-completion rates are relatively high, particularly in high-burden areas such as Palu City, investigative effectiveness is constrained by limited personnel capacity, uneven technical expertise, low public literacy on narcotics, and risks of intimidation against investigators. These constraints contribute to a gap between administrative outputs and perceived social impact. The study concludes that investigative effectiveness should be measured not merely by arrest numbers or case completion, but by procedural integrity, evidentiary resilience, human rights protection, and tangible disruption of narcotics networks.
Copyright (c) 2025 Firmansyah Fality, Mulyati Pawennei, Hardianto Djanggih https://creativecommons.org/licenses/by/4.0
Election Oversight Strategy by the Maros Regency Election Supervisory Body (Bawaslu) in Addressing Election Crimes
This study analyzes election oversight strategies implemented by the Election Supervisory Body (Bawaslu) of Maros Regency in addressing election crimes following Constitutional Court Decision No. 135/PUU-XXII/2024, which promotes the integration of regional legislative elections with regional head elections. This redesign expands the scope of supervision, compresses electoral stages, and intensifies local political competition, thereby increasing the risks of vote-buying, mobilization of civil servants, and administrative manipulation. The study employs a non-doctrinal (empirical) legal research method with a socio-legal approach, using in-depth interviews with 30 informants (Bawaslu officials, sub-district supervisors/Panwascam, and polling station supervisors) and a literature review. The findings show that the oversight strategy is built through preventive measures based on multi-channel outreach and target segmentation, vulnerability mapping and risk-based patrols, continuous supervision throughout all electoral stages down to polling stations, and early enforcement through the Integrated Law Enforcement Center (Sentra Gakkumdu). While these strategies are relatively effective in reducing overt violations and strengthening tiered coordination, they remain constrained by limited human resources and facilities, a permissive culture toward vote-buying, local socio-political pressures, and weak initial evidence and delayed reporting that hinder case escalation to prosecution. These findings underscore the need to strengthen supervisory capacity, enhance public legal literacy, protect whistleblowers and witnesses, and optimize oversight technologies to ensure more effective and sustainable enforcement of election criminal law.
Copyright (c) 2025 Ahmad Muhajir, La Ode Husen, Kamri Ahmad https://creativecommons.org/licenses/by/4.0
Judges’ Legal Reasoning in Determining the Success or Failure of Diversion in Juvenile Justice: A Normative Analysis of Indonesian Court Decisions
This study examines judges’ legal reasoning in determining the success or failure of diversion in juvenile cases within Indonesia’s Juvenile Criminal Justice System. Using a normative juridical approach with a doctrinal character, the research analyzes statutory provisions under Law Number 11 of 2012 and selected district court decisions that reflect diverse diversion outcomes. The findings reveal that although diversion is an imperative legal mandate, its implementation varies significantly in judicial practice. Diversion may succeed substantively when judges actively facilitate restorative dialogue and involve probation officers effectively, but it may fail when reduced to procedural formality or financial compensation negotiations. The study also identifies instances where diversion is entirely omitted despite meeting normative requirements, reflecting a persistent retributive bias in juvenile adjudication. These inconsistencies demonstrate that diversion outcomes are strongly influenced by judicial discretion, victim willingness, socio-economic factors, and the availability of non-material restoration mechanisms. The study concludes that diversion must be reinforced as a substantive right of the child rather than a mere administrative obligation. Strengthening judicial guidelines, enhancing probation services, and promoting restorative justice-oriented judicial training are essential to ensure consistent, child-centered, and restorative diversion practices
Copyright (c) 2025 Anwar Dahlan, Muhammad Rinaldy Bima, Hardianto Djanggih https://creativecommons.org/licenses/by/4.0
Legal Protection for BPJS (Social Security Administrating Body) Participants in Health Services
This study aims to analyze the legal protection afforded to BPJS Health participants in healthcare services, particularly inpatient services at Andi Makkasau Regional General Hospital, Parepare, by examining the conformity between legal norms and service practices in the field. The research employs an empirical method with a qualitative approach through interviews and literature review of relevant laws and regulations. The findings indicate that the rights and obligations of BPJS Health participants have a strong legal basis, primarily grounded in the National Social Security System Act and BPJS Health Regulation Number 1 of 2014, and have generally been implemented in accordance with applicable provisions, including services based on treatment class, medical indications, and the guarantee of emergency services without additional charges. Existing problems faced by BPJS participants include limited facilities, complex administrative procedures, and low levels of participant understanding of the tiered service mechanism, which give rise to perceptions of unequal treatment. This study concludes that legal protection for BPJS Health participants must continue to be strengthened through improvements in service quality, administrative simplification, and enhanced education and supervision to ensure that the fulfillment of the right to health services can be realized in a fair and dignified manner
Copyright (c) 2025 Andy Reza Alfathan, Abd Rahman, Ilham Abbas https://creativecommons.org/licenses/by/4.0
Detention of Children by Public Prosecutors in General Criminal Cases: A Case Study of the Buton District Prosecutor’s Office
This study examines the practice of child detention by the Public Prosecutor in general criminal cases at the Buton District Prosecutor’s Office, focusing on its conformity with the principles of ultimum remedium and the best interests of the child as mandated by the Juvenile Criminal Justice System Law (UU SPPA). Although the legal framework emphasizes that detention should only be applied as a last resort, empirical findings indicate a tendency toward overuse: from 47 child cases handled between 2020 and 2025, 41 children were detained while only 6 were not. The majority of cases involved theft, violence, narcotics offences, and sexual crimes. Survey data show that 90% of respondents perceived detention as “effective,” reflecting a preference for legal certainty and public order rather than rehabilitation and restorative justice. The study identifies three key factors contributing to this pattern: limited understanding of restorative justice principles, structural constraints such as inadequate child-specific detention facilities and inconsistent inter-agency coordination, and cultural pressures from society and the media that encourage punitive approaches. The findings highlight a significant disparity between normative child protection standards and prosecutorial practices. Strengthening restorative justice, expanding non-custodial measures, improving infrastructure, and enhancing institutional coordination are crucial for aligning detention practices with child protection principles
Copyright (c) 2025 Budi Hermansyah, Hambali Thalib, Abdul Qahar https://creativecommons.org/licenses/by/4.0
The Legal Status of Fingerprints as Indicative Evidence in the Investigation of Murder Cases
This study examines the position and obstacles in the use of fingerprints (dactyloscopy) as evidence in the investigation of murder cases within the jurisdiction of the Bone District Police. Drawing upon Soerjono Soekanto’s theory of law enforcement and the provisions of the Indonesian Criminal Procedure Code (KUHAP), fingerprints are positioned as indicative evidence as well as expert testimony capable of scientifically linking the perpetrator, victim, and criminal event at the crime scene. The research employs an empirical (socio-legal) approach through field observations, case-file studies, and interviews with investigators, fingerprint experts, and related parties, complemented by normative analysis of legislation and relevant literature. The findings indicate that fingerprints possess strong probative value and function as a scientific backbone of evidence, particularly with the support of the INAFIS system and biometric databases. However, their effectiveness is often hindered by the absence of specific regulations on dactyloscopy, limited facilities and infrastructure, uneven technical competence among investigators, the suboptimal biometric database, and crime-scene contamination caused by community, weather, and environmental factors. The study concludes that strengthening regulations, enhancing investigators’ capacity, improving forensic infrastructure, and increasing public legal awareness are essential to optimize the role of dactyloscopy and prevent error in persona in criminal law enforcement
Copyright (c) 2025 Lisa Meiriska, Mulyati Pawennei, Aan Aswari https://creativecommons.org/licenses/by/4.0
The Effectiveness of Implementing Criminal Sanctions as the Last Resort (Ultimum Remedium Principle) in Excise Crimes as an Effort to Recover State Revenue Losses
The application of the ultimum remedium principle in excise-related criminal acts, particularly in the tobacco product sector, reflects a shift towards a more proportional and restorative approach in Indonesian criminal policy. This principle prioritizes administrative and civil measures before resorting to criminal sanctions, aiming to balance law enforcement objectives with economic stability and business sustainability. In the context of tobacco excise, the ultimum remedium approach has been utilized to minimize the negative impacts of excessive criminalization on the national economy, especially on the tobacco industry which significantly contributes to state revenue and regional employment. By implementing administrative sanctions, such as fines or permit revocations, as initial enforcement measures, law enforcement authorities can provide an opportunity for compliance improvement without immediately imposing imprisonment. However, in cases of repeated violations or severe breaches, criminal sanctions remain applicable as a deterrent. This approach aligns with restorative justice principles and supports the optimization of tax revenue collection while preserving fairness and legal certainty. The study underscores that the success of applying the ultimum remedium principle depends on clear regulatory frameworks, consistent enforcement, and inter-agency coordination. Ultimately, this policy serves as a strategic instrument in harmonizing fiscal policy, legal enforcement, and socio-economic interests within Indonesia’s excise regime
Copyright (c) 2025 David Munsir, A. Muin Fahmal, Kamri Ahmad https://creativecommons.org/licenses/by/4.0
The Legal Status and Authority of the Interim President Director of the Regional Public Corporation for Water Utility of Makassar City
The appointment of an Interim Director in the Regional-Owned Enterprise (ROE), notably a Regional Public Corporation for Water Utility in a crisis, often gives rise to juridical discourse concerning the scope of his or her authority, especially in making strategic policy decisions such as personnel restructuring. This normative legal research aims to analyze the validity of the appointment of the Interim President Director of the Regional Public Corporation for Water Utility of Makassar City, determine the legal regime governing the authority vested in this position, and assess the legality of the implemented personnel restructuring policy. Employing statute and conceptual approaches, this research examines various regulations related to ROEs, manpower law, and state administrative law. The analysis results indicate that the appointment of the Interim President Director by the Mayor of Makassar as the Capital Owner’s Authorized Representative amidst a total vacuum in the company’s organs has a strong juridical foundation. Furthermore, the authority of an Interim Director of the ROE is predominantly subject to the corporate law regime and sectoral ROE regulations, not to state civil service administrative norms, thereby granting authority equivalent to that of a definitive board of directors as stipulated in relevant regional regulations. Consequently, personnel restructuring policies, including non-renewal of employment contracts and termination of employment relations based on evaluations and company efficiency, are lawful and fall within the scope of the Interim President Director’s authority, provided they are implemented by applicable manpower law procedures and ROE regulations. This research provides juridical clarification to foster a more comprehensive legal understanding of the authority of an Interim Director of the ROE.
Copyright (c) 2025 Abd. Kahar Muzakkir, La Ode Husen
Legal Consequences of a Bankruptcy Decision for a Limited Liability Company in Liquidation: A Case Study of Decision Number 34/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst
This research aims to analyze the juridical validity of filing a bankruptcy petition against a State-Owned Company in liquidation and the legal consequences of a bankruptcy decision in such a context, based on a study of Decision Number 34/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst. Employing a normative legal research method with a case study approach and qualitative-descriptive analysis of primary and secondary legal materials, this study finds that a State-Owned Company in liquidation retains its capacity as a debtor legal subject and can be declared bankrupt if the requirements under Law Number 37 of 2004 are met, particularly concerning the existence of at least two creditors and one payable that is due and simply collectible. The primary legal consequence of a bankruptcy decision in such a situation is the immediate cessation of the liquidation process previously conducted under Law Number 40 of 2007, accompanied by the complete transfer of authority for the management and settlement of the bankruptcy estate from the Liquidator team to the Curator appointed by the Commercial Court. This case study affirms that the bankruptcy mechanism can be legitimately applied to a State-Owned Company in liquidation, implying the supremacy of the Law Number 37 of 2004 regime to realize optimal collective protection for creditors.
Copyright (c) 2025 Yofi Permatasari, Gunardi Lie
The Role of Husband with Disabilities in Providing for the Family through the Act of Begging: An Islamic Law Perspective
This research examines the phenomenon of husbands with disabilities who provide for their families through the act of begging in Sidorejo Hilir Urban Village from the perspective of Islamic law. The main objective of this research is to analyze the practice of husbands with disabilities fulfilling financial support obligations and to explore the local community’s views on this phenomenon. This research uses a juridical-empirical approach with a qualitative method. Primary data were obtained through in-depth interviews with four husbands with disabilities and several residents and community leaders. Secondary data were collected from a literature study of Islamic legal sources, such as the Qur’an, Hadith, and books of fiqh (Islamic jurisprudence). The results showed that physical limitations and barriers to access to decent work forced husbands with disabilities to beg in order to fulfil their family financial support obligations. From Islamic law’s perspective, begging can be justified due to the condition of dharuriyyat (necessity), although this permissibility is temporary and situational. The Sidorejo Hilir Urban Village community shows various views, ranging from empathy and tolerance to criticism that emphasizes the importance of independence. This research concludes that the condition of dharuriyyat justifies begging as an exception to the general rule while still prioritizing the principle of izzah (self-dignity). The implication of this research is the need for strategic steps, especially from the government and related institutions, to create inclusive economic empowerment programs for persons with disabilities so that they can escape the condition of dharuriyyat and fulfil their financial support obligations more dignifiedly.
Copyright (c) 2025 Nurul Adilla, Abd. Mukhsin
Plantation Activities in Permanent Production Forests without a Business Permit: An Analysis of Decision Number 604/Pid.B/LH/2023/PN Rhl
This research aims to analyze Decision Number 604/Pid.B/LH/2023/PN Rhl regarding environmental crimes due to negligence in plantation activities within permanent production forest areas without a business permit. This normative legal research employs a statute approach and a case study. Data analysis uses a qualitative content analysis to describe the issues and answer the research objectives. The research results indicate that the prosecution of Defendant Turiono with alternative indictments in Decision Number 604/Pid.B/LH/2023/PN Rhl highlights the legal complexities of illegal plantations in permanent production forests. The first and second indictments were deemed inappropriate because they did not correspond to the facts and context of the case, particularly regarding the Defendant’s status as a wage labourer and the absence of mens rea. The Panel of Judges’ decision to apply Article 99 section (1) of Law Number 32 of 2009, with the element of negligence (culpa) and the principle of strict liability, was considered more appropriate, strengthening the protection of public interests and the prevention of environmental damage. This decision sets an important precedent by emphasizing the importance of considering the context and role of the perpetrator in environmental law enforcement, as well as its implications for preventing environmental crimes through permit verification and more systematic risk assessment.
Copyright (c) 2024 Juli Handoko, Sriono Sriono, Nimrot Siahaan
Judicial Discretion in Sentencing Perpetrators of Aggravated Assault: An Analysis of Decision Number 221/Pid.B/2024/PN Rhl
This research aims to analyze judicial discretion in sentencing perpetrators of aggravated assault resulting in serious bodily injury. The research method employed is normative legal research with a statute approach and a case study approach, which is analyzed qualitatively through content analysis. The results show that the defendant was charged alternatively with a primary indictment of attempted murder, a subsidiary indictment of aggravated assault resulting in serious bodily injury, and a lesser subsidiary indictment of simple assault. The charges by the Public Prosecutor were in line with the subsidiary indictment of aggravated assault resulting in serious bodily injury as supported by the Visum et Repertum. Conversely, the judge’s verdict, based on the lesser subsidiary indictment of simple assault, emphasizes judicial discretion. Judicial discretion is an effort to balance the enforcement of positive law and the achievement of substantive justice by considering the values that live in society (living law). The decision reflects the struggle between formal legality and contextual substantive justice. Therefore, more precise guidelines are needed regarding the limits and parameters of judicial discretion, especially in cases that intersect with living law. Improving the quality of the Visum et Repertum and strengthening judges’ capacity to understand living law are also important to strive for in order to achieve a responsive and just judicial system.
Copyright (c) 2024 Ferdiansyah Ferdiansyah, Kusno Kusno, Ahmad Ansyari Siregar