Rechtenstudent

Trends in Juvenile Crime: Assessing the Justice System and the Shift Toward Restorative Solutions

2025-12-03T07:04:48+07:00

Diversion is an out-of-court solution for children in conflict with the law, or children as perpetrators of crimes. The increasing number of crimes committed by children has become an evaluation of the diversion system currently used in the juvenile criminal justice system as stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This study aims to evaluate and provide solutions for the juvenile criminal justice system by combining restorative justice and integral policies. This study is library research with primary legal materials in the form of the SPPA Law, the Criminal Code, and secondary legal materials in the form of scientific articles, books, and news related to the research topic. Data were analyzed using statutory, case, and conceptual approaches, and using grammatical legal interpretation. The results of the study indicate that the evaluation of the diversion system includes a lack of adequate resources, a lack of training and awareness of law enforcement officers, especially regarding child psychology, delays in the judicial process, and the existence of social stigma that influences victims' reluctance to report to the authorities. Recommendations for improving the diversion system need to be implemented through penal mediation between victims and perpetrators through a restorative justice approach, as well as integral efforts starting from the role of the family, school, and the environment.

The Role of Land Registration in Spatial Planning: A Comparative Study of Indonesia and USA

2025-12-03T06:45:01+07:00

The government holds the obligation to ensure legal certainty over land ownership, control, and utilization through a structured land registration system. The state bears the interest in regulating the relationship between land rights and spatial planning as the foundation for sustainable land use control. This research examines the relationship between the land registration system and spatial planning policies in the practice of land administration in Indonesia and the United States. This study also analyzes the effectiveness of the land registration system as an instrument to support the implementation of spatial planning. The method used in this research is normative juridical, based on legal literature, statutory regulations, and comparative law approaches. The results show that the land registration system in Indonesia remains declarative and has not been substantially integrated with the spatial planning system. The Indonesian government has not yet established a technical mechanism to functionally align land data with spatial plans. The United States government has developed institutional integration between land registration and zoning regulations. The legal system in the United States demonstrates a higher degree of effectiveness in using land registration as a tool to control land use. The Indonesian government needs to strengthen its legal and institutional framework to enable land registration to function as a legal instrument for efficient and sustainable spatial planning.

Assessing the Impact of Cultural Integration on the Indonesian Legal System from Multicultural Perspective

2025-12-04T23:36:05+07:00

Legal analysis in the context of multiculturalism in Indonesia is essential to understand how cultural diversity influences and shapes the national legal system. Indonesia’s rich plurality of ethnicities, traditions, and belief systems presents both opportunities and challenges in harmonizing state law with local values. The development of legal pluralism demonstrates that Indonesian law is not solely built upon positive law, but is also influenced by social norms and cultural practices embedded within society. This condition highlights the importance of examining how law can function as a tool of integration in a multicultural environment while simultaneously ensuring the protection of individual rights. One of the key challenges in legal compliance arises from deeply rooted cultural patterns, particularly patriarchal norms that continue to affect legal interpretation and implementation. Using a library research method combined with normative legal analysis, this study draws upon statutory regulations, official legal documents, and academic literature to explore the relationship between multiculturalism and the legal system. The study concludes that, first, cultural integration significantly affects the Indonesian legal system, contributing both positive developments and complex challenges. Second, the main difficulty lies in balancing cultural autonomy with adherence to universal national legal principles. Third, the Indonesian legal system has progressively adapted to accommodate multicultural realities, although continuous refinement remains necessary.

The Politics Behind Omnibus Legislation: Flexibility and Power in Indonesia’s Lawmaking Process

2025-12-05T10:27:37+07:00

The adoption of the omnibus method as a legislative strategy to address regulatory complexity in Indonesia has sparked considerable debate, given that it constitutes an entirely new approach within the country’s legal framework. This article seeks to examine two key dimensions. First, the political configuration underpinning the enactment of Law No. 11 of 2020 on Job Creation; and second, the subsequent incorporation of the omnibus method into Law No. 13 of 2022 on the Formation of Legislation, alongside the role of the Constitutional Court in adjudicating its constitutionality through judicial review. Methodologically, the analysis employs both historical and conceptual perspectives. The findings reveal, first, that an elitist political configuration significantly shaped the adoption of the omnibus method in the Job Creation Law. The asymmetrical composition of parliament, marked by the dominance of pro-government coalitions, enabled a highly flexible regulatory framework for its implementation. Second, the Constitutional Court, through its ruling, failed to provide clear constitutional guidance on the legitimacy of the omnibus method, thereby allowing the legislature and the president to amend the Job Creation Law via a Government Regulation in Lieu of Law (Perpu) a mechanism that effectively bypassed the constitutional mandate set forth in the Court’s own decision.

The Paradigm Shift in Law Enforcement in State-Owned Enterprises: An Analysis of the Restrictions on the Role of KPK

2025-12-04T23:40:43+07:00

This study is motivated by the dual role of State-Owned Enterprises (BUMN) as business actors and agents of national development, which makes them vulnerable to governance issues, including corruption and abuse of authority. The supervision by the Corruption Eradication Commission (KPK), which has been crucial, becomes limited after the removal of the status of state administrators for SOE officials based on Law No. 1 of 2025. This creates new challenges in maintaining SOE accountability, thus requiring strengthening of supervisory mechanisms through civil law and the application of Good Corporate Governance principles. This study uses a normative legal approach with doctrinal legal research, focusing on normative-conceptual analysis of the paradigm shift in law enforcement in State-Owned Enterprises (BUMN), particularly the limitation of the Corruption Eradication Commission’s (KPK) authority from a civil law perspective. The research method combines three approaches: the statutory approach to review relevant regulations, the conceptual approach to explore applicable legal principles and theories, and the case approach to analyze court decisions related to law enforcement against SOE officials.

Restorative Justice-Based Law Enforcement of Corruption by Village Officials: A State Loss Returns Perspective

2025-12-05T16:05:22+07:00

The increase in Village Fund allocation since 2015 aims to accelerate development and empower rural communities. However, this has also triggered rampant corruption by village officials, which has had a serious impact on state financial losses and hampered development. To date, the law enforcement approach used has been retributive, focusing on criminalizing perpetrators without providing optimal solutions for recovering state losses. This study aims to examine the relevance of implementing restorative justice as an alternative law enforcement approach to corruption by village officials, with a focus on actually recovering state losses. The research method used is normative juridical with a statutory and conceptual approach, and examines the principles of restorative justice and the theory of economic analysis of law. The results of the discussion indicate that the implementation of restorative justice can be a more responsive legal strategy to the need for recovery of state losses, as long as it is carried out within the corridors of positive law, transparency, and community participation.

Legal Certainty in the Criminalization of Directors Misusing Corporate Social Responsibility (CSR) Funds

2025-12-04T23:43:58+07:00

Corporate Social Responsibility (CSR) is a legal obligation for companies as regulated in Article 74 of Law No. 40 of 2007 concerning Limited Liability Companies (PT Law). However, in practice, misuse of CSR funds remains common in both private companies and State-Owned Enterprises (BUMN), creating adverse impacts on society and the government. This study aims to examine the legal framework governing the criminal liability of directors for the misuse of CSR funds within the Indonesian criminal law system and to analyze the application of the principle of legal certainty. Using a normative juridical method with statutory, conceptual, and case approaches, the study finds that directors may be held criminally liable under Article 488 of the Criminal Code when CSR funds are misused in private companies, while similar acts in BUMN may be categorized as corruption under Articles 2 and 3 of the Corruption Law. Nonetheless, ambiguity within Article 74 of the PT Law continues to generate multiple interpretations, potentially hindering legal enforcement and conflicting with the principles of legality and legal certainty. Therefore, a specific regulation (lex specialis) addressing directors’ criminal liability in CSR fund management is required to enhance legal certainty and strengthen accountable and transparent corporate governance.

International Migration and State Sovereignty: Reconciling Human Rights Obligations with Border Control

2025-12-03T07:08:15+07:00

The movement of people across borders has become one of the most contested issues in contemporary international law, as the sovereign prerogative of states to regulate entry, exit, and residence increasingly collides with obligations arising from international human rights and refugee law. Global migration flows driven by armed conflict, poverty, environmental degradation, and political instability have intensified this tension, placing states under pressure to manage borders while upholding the dignity and fundamental rights of migrants. This study examines the legal and political challenges that emerge when states attempt to balance border control with international human rights commitments, with particular focus on asylum seekers, refugees, and irregular migrants. It analyzes the evolving interpretation of two core international instruments the 1951 Refugee Convention and the International Covenant on Civil and Political Rights alongside relevant regional frameworks, drawing on the jurisprudence of international courts and treaty bodies. The research further explores the interaction between domestic legal systems and international treaty obligations in shaping migration governance. Key areas of legal controversy, including the principle of non-refoulement, offshore processing, and the externalization of border controls, are critically assessed. Ultimately, this study seeks to contribute to the development of legal frameworks capable of reconciling state sovereignty with the protection of migrant rights in an increasingly fragmented yet interconnected global order.