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- New
- Research Article
- 10.57185/jlarg.v4i4.180
- Apr 24, 2026
- Journal of Law and Regulation Governance
- Iin Kartika + 3 more
Wildlife crime has developed into a complex and organized form of crime that poses a significant threat to biodiversity conservation in Indonesia. This study aims to analyze the role of Civil Servant Investigators (PPNS) in strengthening law enforcement post-wildlife, particularly following the enactment of Constitution Number 32 of 2024, with a specific focus on the Aceh Natural Resources Conservation Center (BKSDA Aceh). This research adopts a qualitative socio-legal approach, integrating normative analysis with empirical data obtained through in-depth interviews with law enforcement actors and case data analysis from 2023 to 2025. The research findings indicate that wildlife crime in Aceh occurs through structured patterns, including illegal hunting at the upstream level, organized distribution networks, and adaptive modus operandi supported by digital technology. The effectiveness of law enforcement is still constrained by institutional capacity limitations, fragmented coordination, and procedural dependencies between agencies. This study identifies a regulatory paradox, where the legal reforms of 2024, which were intended to strengthen conservation law, have in fact limited the authority of PPNS operations, particularly in coercive actions such as arrests and detentions. These conditions impact the responsiveness of law enforcement and weaken the deterrent effect against organized wildlife crime. This research contributes to the study of environmental law enforcement by emphasizing the importance of harmony between regulatory frameworks, institutional capacity, and operational realities. Additionally, it provides policy implications for strengthening coordination between institutions, improving law enforcement authority, and optimizing resource allocation to enhance the effectiveness of wildlife crime control in Indonesia.
- New
- Research Article
- 10.54891/2786-698x/2026-1-6
- Apr 22, 2026
- Dnipro Academy of Continuing Education Herald Series Public Management and Administration
- Andrii Volodymyrovych Kulyk
The article examines the role of the National Police of Ukraine in ensuring the stability of territorial communities in the face of modern security challenges and full-scale armed aggression against Ukraine. It is substantiated that the stability of territorial communities is an important component of the national security of the state, since it is at the local level that the vital activity of the population, maintenance of public security, response to crisis situations and protection of critical infrastructure are ensured. Scientific approaches to understanding the categories of “territorial community”, “community capacity” and “stability” are analyzed, and modern research devoted to the functioning of territorial communities and the role of law enforcement agencies in ensuring public security is considered. It is established that the effectiveness of the functioning of communities largely depends on the interaction of local government bodies, military administrations, state institutions and law enforcement agencies. Particular attention is paid to the analysis of the regulatory and legal principles for ensuring the stability of territorial communities under martial law, in particular legislative changes aimed at increasing the efficiency of management decisions and coordination between public administration entities. It is proven that the National Police of Ukraine is an important entity for ensuring the internal stability of the state and plays a key role in forming a safe environment at the local level. The article reveals the main areas of police activity during martial law, including maintaining public order, combating crime and looting, protecting critical infrastructure, participating in evacuation and humanitarian measures, combating information threats and cybercrime. It is substantiated that an important element of ensuring the stability of communities is the partnership between the police and local governments, public organizations and the population. A special role in this process is played by the development of the “Community Police Officer” project, which contributes to increasing the level of trust in law enforcement agencies and strengthening preventive activities. It has been established that the role of the National Police in ensuring the stability of territorial communities is implemented through a system of interrelated functions: preventive, security, coordination, communication and partnership, and reactive in crisis conditions.
- New
- Research Article
- 10.46647/rdems0204013
- Apr 18, 2026
- Research Digest on Engineering Management and Social Innovations
- Dr Bushra Tahseen + 1 more
DeepGuard is an intelligent violence detection system designed to enhance public safety in smart city environments using advanced Artificial Intelligence and deep learning techniques. With the increasing need for real-time surveillance in urban areas, traditional monitoring systems are insufficient to quickly identify violent or suspicious activities. The proposed system utilizes computer vision and deep neural networks to analyze live CCTV or video feeds and automatically detect violent behavior such as fights, assaults, or abnormal crowd activities. Once a violent event is detected, the system immediately generates alerts and notifies control rooms or law enforcement authorities for rapid response. By integrating deep learning models with smart surveillance infrastructure, DeepGuard aims to reduce response time, improve public security, and support proactive crime prevention in smart cities.
- New
- Research Article
- 10.64753/jcasc.v11i1.4764
- Apr 12, 2026
- Journal of Cultural Analysis and Social Change
- Muhtar + 3 more
Corruption is recognized as an extraordinary crime due to its systemic and destructive impact on state finances, governance, and public trust. This study aims to examine the essence of granting or revoking remission rights for corruption convicts within the Indonesian positive legal system and to analyze how such policies reflect the balance between prisoners’ rights and public interests. This research employs a normative juridical approach by analyzing statutory regulations, legal doctrines, and relevant legal principles related to remission and corruption crimes. The findings indicate that remission, as regulated under Law Number 22 of 2022 concerning Corrections, is normatively recognized as a right of prisoners conditioned upon good behavior and participation in rehabilitation programs. However, for corruption convicts, remission is not an absolute right but a conditional privilege due to the extraordinary nature of corruption crimes, which require stricter legal treatment. Additional requirements, including cooperation with law enforcement authorities and full payment of fines and compensation, demonstrate the conditional nature of remission policies for corruption offenders. Furthermore, remission revocation may occur when convicts fail to meet legal and administrative requirements, thereby reinforcing accountability within the correctional system. The study concludes that remission policies for corruption convicts must be implemented selectively, transparently, and accountably to maintain deterrence, ensure substantive justice, and uphold legal certainty. Strengthening regulatory frameworks and ensuring consistent implementation are essential to achieving a balanced correctional policy that aligns with anti-corruption objectives and public expectations.
- Research Article
- 10.37676/jhs.v12i2.10855
- Apr 2, 2026
- JURNAL HUKUM SEHASEN
- Amandus Sali Kofi + 2 more
This study aims to analyze the practice of Kizomba dance as criminogenic behavior and to examine the efforts undertaken to address conflicts arising from its practice in Miomaffo Tengah Subdistrict, North Central Timor Regency. This research employs a qualitative method with criminological and sociological approaches, using interviews, observations, and documentation techniques. The findings indicate that the practice of Kizomba dance has generated social reactions in the form of anxiety, tension, and social stigma among segments of the community, as it is perceived to be inconsistent with customary values, norms of decency, and religious teachings upheld within the local society. Although it does not always result in officially reported criminal acts, the practice has the potential to function as a criminogenic factor that triggers latent conflicts, particularly when influenced by alcohol consumption, peer group pressure, and weak social control. Conflict mitigation efforts are carried out through pre-emptive, preventive, and repressive approaches. Pre-emptive measures include legal education and socialization programs conducted by law enforcement authorities in collaboration with traditional and religious leaders. Preventive efforts involve limiting party hours, supervising alcohol consumption, enforcing public order regulations, and promoting local traditional dances as alternative forms of entertainment. Repressive measures are implemented through customary mediation, the application of social and traditional sanctions (Na’opab), and criminal law enforcement when conflicts escalate into criminal offenses. The study concludes that synergy between state law and customary law plays a crucial role in controlling potential conflicts, although strengthening local regulations and enhancing collective community awareness remain necessary for sustainable conflict management.
- Research Article
- 10.47268/pamali.v6i1.3336
- Mar 31, 2026
- PAMALI: Pattimura Magister Law Review
- Suhardiman Suhardiman + 2 more
Introduction: Maluku Province, as an archipelagic region, is highly vulnerable to narcotics trafficking and abuse. Its strategic yet remote location makes it a potential route for illicit drug distribution. The growing spread of narcotics poses a serious threat to youth and legal order, requiring comprehensive and contextual criminal policy responses.Purposes of the Research: This study aims to analyze the criminal policy in addressing narcotics crimes in Maluku Province and to identify the influencing factors.Methods of the Research: The research applies both normative and empirical juridical methods. Data were collected through document analysis of laws and legal literature, as well as interviews with law enforcement authorities and related agencies in the region.Results Main Findings of the Research: The findings reveal that current criminal policies in Maluku face substantial challenges, including limited infrastructure, lack of qualified personnel, and weak inter-agency coordination. The archipelagic geography itself emerges as a significant barrier to effective law enforcement. This study offers a novel contribution by mapping these island-based structural constraints and proposing an integrated criminal policy model that combines penal and non-penal approaches—such as legal education, community empowerment, and rehabilitation. This framework holds potential for broader application in other archipelagic or remote regions of Indonesia.
- Research Article
- 10.31599/krtha.v20i1.4985
- Mar 25, 2026
- KRTHA BHAYANGKARA
- Henin Dyah Syafrina
This research examines the structural weaknesses in the application of the Business Judgment Rule (BJR) within the Indonesian legal framework governing directors’ liability, particularly the absence of clear normative parameters and judicial standards for assessing good faith, due care, and informed decision-making. As a result, law enforcement practices frequently adopt a result-oriented approach that equates corporate losses with legal fault, thereby exposing directors acting in good faith to potential criminal liability. This study aims to analyze the regulatory and doctrinal gaps in the Indonesian BJR framework and to propose a more coherent legal model aligned with international corporate governance standards. The research employs normative doctrinal legal research using statutory, conceptual, and comparative approaches, supported by an analysis of judicial reasoning and case law, particularly from the United States where the BJR has evolved through Delaware jurisprudence and the codification of the Model Business Corporation Act (MBCA) 2016. The findings indicate that although elements of the BJR are implicitly recognized in Article 97 paragraph (5) of the Indonesian Company Law, the absence of explicit doctrinal structure and consistent standards of judicial review has contributed to the overcriminalization of directors’ business decisions involving ordinary commercial risks. Indonesian courts and law enforcement authorities therefore tend to emphasize outcomes rather than the integrity of the decision-making process. This research contributes by proposing a normative reconstruction of the BJR through clearer codification of its elements, integration with fiduciary duty principles, and the development of enforcement guidelines designed to distinguish legitimate business judgment from unlawful conduct, thereby strengthening legal certainty while maintaining balanced corporate accountability.
- Research Article
- 10.19044/esj.2026.v22n38p434
- Mar 23, 2026
- European Scientific Journal, ESJ
- Lela Gudadze
Covert investigative actions (CIAs) represent an essential instrument of modern criminal justice systems, enabling law enforcement authorities to obtain evidence that is often inaccessible through traditional investigative methods. At the same time, the intrusive nature of such measures raises significant concerns regarding the protection of fundamental human rights, particularly the right to privacy and procedural safeguards. This study examines the legal framework governing covert investigative actions in Georgia and evaluates its compatibility with European human rights standards. The research is based on qualitative legal methodology, combining doctrinal analysis of Georgian criminal procedural legislation with comparative analysis of selected foreign legal systems and relevant judicial practice, including the jurisprudence of the European Court of Human Rights. The findings indicate that Georgian legislation has undergone significant reforms aimed at strengthening judicial authorization, proportionality requirements, and data protection guarantees. Nevertheless, several key legal concepts remain insufficiently defined, including the notions of “legitimate purpose” and “urgent public need,” which may create interpretative ambiguities in practice. The paper argues that further legislative clarification, enhanced oversight mechanisms, and continuous professional training for law enforcement and judicial authorities are necessary to ensure that covert investigative measures are applied in full compliance with international human rights standards and the rule of law.
- Research Article
- 10.19073/2658-7602-2026-23-1-157-166
- Mar 13, 2026
- Siberian Law Review
- N V Ignatieva
The offence under Article 200.5 of the Criminal Code of the Russian Federation (“Bribery of a contract service employee, contract manager, or member of a procurement commission”) is a relatively new provision of Russian criminal law. The disposition of Article 200.5 is blanket in nature; therefore, when qualifying the offence it is necessary to refer to rules of civil and budget law, which significantly complicates the process. To date, the Supreme Court of the Russian Federation has not issued interpretative guidance to ensure uniform application of this provision. As a result, law-enforcement authorities encounter difficulties in qualifying acts involving bribery of contract service employees, contract managers, and members of procurement commissions. These difficulties include issues related to the scope of social relations protected by criminal law—namely, the concept of “procurement of goods, works and services for state and municipal needs,” the relationship between the contract system and corporate procurement, and procurement carried out under direct civil-law contracts. Judicial practice is also still developing. Between 2018 and 2024, 194 offences were registered; courts examined 87 criminal cases and convicted 43 persons. Examination of court decisions reveals a tendency toward an expansive interpretation of procurement procedures for state and municipal needs, which is associated with the need for criminal-law protection of the State’s interests where special subjects commit bribery in relation to various types of procurement. Based on analysis of the legislative approach to regulating the contract system in the Russian Federation in the sphere of procurement of goods, works and services for state and municipal needs, as well as corporate procurement by entities involved in implementing the interests of the Russian Federation, and based on judicial practice on imposing criminal liability for bribery by special subjects in the procurement sphere, the article proposes measures aimed at strengthening protection of the State’s interests.
- Research Article
- 10.65393/ftha3120
- Mar 10, 2026
- Indian Journal of Legal Review
- Sumit Kumar Singh + 1 more
The rapid growth of digital technologies and social media platforms has significantly transformed the nature and scope of child abuse in contemporary society. While the internet has created unprecedented opportunities for communication, education, and social interaction, it has also facilitated new forms of exploitation, particularly against children. Online child abuse manifests through activities such as cyber grooming, dissemination of child sexual abuse material (CSAM), online harassment, and exploitation through digital platforms. Social media networks, messaging applications, and online forums have increasingly become spaces where offenders exploit anonymity and technological tools to target minors. Consequently, the reporting and regulation of such offences have become a critical concern within modern legal systems. This research paper examines the role of social media platforms and cyber laws in addressing the reporting of child abuse in the digital age. It analyzes the legal framework governing online child protection in India, particularly focusing on the obligations created under the Protection of Children from Sexual Offences Act, 2012 and the Information Technology Act, 2000. The study highlights how mandatory reporting provisions, intermediary liability rules, and cybercrime regulations contribute to the detection and reporting of offences involving children in online environments. It also explores the role played by digital intermediaries such as social media companies in monitoring user-generated content, implementing technological tools for detection, and cooperating with law enforcement authorities. Furthermore, the paper identifies several challenges associated with reporting online child abuse, including underreporting, jurisdictional complexities, technological barriers, and concerns related to privacy and freedom of expression. The research emphasizes the need for stronger regulatory frameworks, enhanced technological solutions, and improved coordination among governments, law enforcement agencies, and digital platforms. Ultimately, the study argues that effective protection of children in cyberspace requires a comprehensive approach that integrates legal accountability, technological innovation, public awareness, and international cooperation.
- Research Article
- 10.18572/1812-3910-2026-1-24-26
- Mar 5, 2026
- Public International and Private International Law
- Olesya V Volkova
The article examines the key directions for ensuring security in the digital environment in the context of the rapid development of information and communication technologies and artificial intelligence. The significance of the UN Convention against Cybercrime, initiated by the Russian Federation, is analyzed as the first universal international treaty in the field of information security and as an alternative to the Council of Europe’s Budapest Convention. Special attention is paid to the criminalization of ten types of offences committed with the use of information and communication systems, as well as to the role of national contact points in providing prompt international cooperation between law enforcement authorities. The approaches of the CSTO member states to the harmonization of criminal legislation in the field of combating cybercrime are highlighted, including with regard to the development of AI based technologies, deepfakes and neural networks used for criminal purposes. Emphasis is placed on the need for legislative consolidation of the concept of “deepfake”, the establishment of liability for its creation and dissemination, as well as the introduction of additional mechanisms to control access to deepfake applications and to identify the authors of the relevant content. As a result of the analysis and assessment, conclusions are drawn on the necessity of effective counteraction to cybercrime at the international level and the systemic improvement of national legislation.
- Research Article
- 10.59653/jplls.v4i01.2245
- Feb 27, 2026
- Journal of Progressive Law and Legal Studies
- Firli Syarifah + 1 more
State-Owned Enterprises (SOEs) play a strategic role in Indonesia’s national economy by combining business objectives with public service mandates. This dual function places SOE directors in a difficult position when making business decisions involving risks, as any financial loss may lead to legal or even criminal liability. The Business Judgment Rule (BJR) serves as a legal principle that protects directors who make business decisions in good faith, with due care, and without conflicts of interest. In Indonesia, this principle is reflected in Article 97 paragraph (5) of the Company Law and the SOE Law, and further supported by Supreme Court Regulation No. 4 of 2023. This study employs a normative juridical method with a descriptive-analytical approach to statutory regulations and legal doctrines. The findings indicate that although BJR has a legal foundation, its practical application remains problematic due to overlapping regulations, differing perspectives between business actors and law enforcement authorities, and limited understanding of the requirements for BJR protection. Therefore, clearer legal standards and consistent law enforcement are necessary to ensure that BJR functions effectively as both a protective and accountability mechanism for SOE directors.
- Research Article
- 10.55047/polri.v5i1.2063
- Feb 24, 2026
- POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)
- Maulana Hilal Adnan + 1 more
Case Number 7834 K/Pid.Sus/2024 concerns a human trafficking offence in which the cassation ruling imposed custodial punishment and mandated restitution calculated by the Witness and Victim Protection Agency (LPSK). This research is motivated by the need to protect victims' rights through restitution, despite ongoing implementation issues. Focusing on the degree of legal certainty in the implementation of restitution, this study analyzes the relevant decision through a normative juridical lens. The methodology incorporates statutory, conceptual, and case-based approaches, all of which are applied to secondary data consisting of primary legal sources, secondary literature, and tertiary references. The results showed that legal certainty regarding restitution for victims of human trafficking still faces various obstacles in Law No. 21 of 2007, which does not clearly regulate how to calculate, determine, and enforce compensation payments. The Supreme Court's decision in this case fills a legal void in Law No. 21 of 2007 by emphasizing that restitution must be calculated accurately based on the actual losses suffered by the victim, and recognizing the LPSK's calculation as a valid basis for determining the amount of restitution. It was concluded that the Supreme Court ruling strengthens legal certainty by legitimizing the LPSK's assessment, thereby providing a more concrete mechanism for enforcing restitution. The findings are expected to generate recommendations for law enforcement authorities and LPSK on the significance of enforcing restitution as an integral component of restoring victims’ rights and achieving justice in human trafficking cases.
- Research Article
- 10.62264/ijccj.v2i2.241
- Feb 22, 2026
- Indonesian Journal of Crime and Criminal Justice
- Hilmia Fahma + 1 more
This paper seeks to elucidate the practice of chemical castration administered by physicians within the context of medical ethics, explicitly referencing the Hippocratic Oath, and to propose a framework for criminal punishment by contrasting its application in Russia and South Korea. This research constitutes a normative legal analysis employing a comparative legal methodology involving Russia and South Korea. The study's findings indicate that the directive for the implementation of chemical castration by physicians, as stipulated in Article 9 letter b of Government Regulation No. 70 of 2020, contravenes the medical code of ethics, specifically violating the principles of autonomy, non-maleficence, and beneficence. The provision permitting physicians to perform chemical castration on individuals convicted of sexual offences against minors in Indonesia, as stipulated in Article 9 letter b of Government Regulation No. 70 of 2020, is the primary source of contention among the medical community. A compromise can be achieved by examining the regulations regarding the execution of chemical castration in Russia and South Korea, where the medical community will henceforth solely offer consultative opinions to law enforcement authorities for the implementation of chemical castration. This task can be performed by an executor, either from the court or the prosecutor's office, who possesses specific training
- Research Article
- 10.62335/sinergi.v3i2.2386
- Feb 14, 2026
- SINERGI : Jurnal Riset Ilmiah
- Aliza Yohana Simatupang + 2 more
The increasing incidence of fraud crimes employing illegal investment schemes has developed alongside changes in social, economic, and technological structures in modern society. These crimes demonstrate patterns of abuse of trust and manipulation of social relations carried out systematically and repeatedly. This research focuses on examining fraud crimes involving illegal investment schemes from a criminological perspective and on analyzing law enforcement responses to such offenses. The analysis is conducted using criminological theories and theories of law enforcement. This research employs normative legal research aimed at obtaining relevant data related to the research problems. The data used consist of secondary data in the form of primary, secondary, and tertiary legal materials, supported by primary data as a complement to the secondary legal materials. Data analysis is conducted using qualitative juridical analysis. The findings indicate that illegal investment fraud constitutes a form of modern economic crime carried out in a planned manner through the abuse of trust and manipulation of social relations. Law enforcement in this context remains predominantly legalistic and formalistic and has not fully positioned law as an instrument to serve human interests and protect victims of crime. This study suggests that law enforcement authorities should view illegal investment fraud as a systemic and organized economic crime, thereby necessitating stronger criminological analysis to dismantle criminal networks. Furthermore, law enforcement efforts should be directed not only toward the punishment of perpetrators but also toward the protection of victims and the recovery of their losses through strengthened regulation of digital investment activities and the adoption of more progressive, preventive, and adaptive approaches.
- Research Article
- 10.56113/takuana.v4i4.382
- Feb 11, 2026
- Takuana: Jurnal Pendidikan, Sains, dan Humaniora
- Debi Rosalina + 1 more
The shift in moral paradigms within the Indonesian National Criminal Code (KUHP) represents a fundamental transformation in the orientation of criminal law reform. Departing from the colonial legal-positivistic framework, the 2023 KUHP increasingly incorporates public morality and communitarian values as bases for criminalization. Through a philosophical and juridical normative analysis, this study demonstrates that the most critical implication of this shift is the erosion of the principle of legality (lex certa), particularly in morality-based offenses whose vague formulations grant broad interpretative discretion to law enforcement authorities. The findings reveal that several decency-related provisions extend state intervention into the private sphere without a clear demonstration of concrete harm, thereby increasing the risk of overcriminalization and inconsistent legal enforcement. While the new KUHP seeks to harmonize local moral values with constitutional principles and human rights, this study argues that the absence of precise normative boundaries weakens legal certainty and threatens the protection of individual rights. The article emphasizes the need for a balanced integration of public morality, legal certainty, and human rights in the ongoing implementation of the National Criminal Code.
- Research Article
- 10.37010/postulat.v4i1.2155
- Feb 6, 2026
- POSTULAT
- Anggie Bagus Setiawan + 1 more
This paper examines the legal application of narcotics crime management pursuant to Article 114 paragraph (1) of Law No. 35 of 2009, employing a normative legal research methodology. The case study examines Supreme Court Decision No. 7494/K/Pid.Sus/2024 to identify impediments in judicial practice. This approach investigates main legal documents, including statutes and judicial decisions, with secondary legal materials comprising pertinent legal doctrines and journals. The study's results indicate that the failure in case handling implementation stems from insufficient evidence, particularly with the element of "acting as an intermediary in transactions." The Public Prosecutor (JPU) failed to provide adequate evidence to establish a conviction against the judge, particularly concerning the defendant's malevolent intent (mens rea), and did not present witnesses who interacted with the defendant. The Supreme Court's ruling to mitigate the defendant's sentence highlights a disparity between investigative methodologies dependent on physical evidence and the stringent evidentiary standards upheld in court. This study concludes that inadequate systematic legal implementation can undermine narcotics eradication initiatives. Consequently, it is advisable to enhance investigative and prosecutorial techniques by fortifying digital forensic capabilities and augmenting communication among law enforcement authorities.
- Research Article
- 10.17977/2550-0635.1378
- Feb 5, 2026
- Bahasa dan Seni: Jurnal Bahasa, Sastra, Seni, dan Pengajarannya
- Rachim Satria Wicaksana + 2 more
NBC News, as an international media outlet, plays a significant role in shaping public perception and moral evaluation of social issues. Its coverage of the Debanhi Escobar case in Mexico has attracted widespread international attention, particularly in relation to the handling of feminicide by Law Enforcement Authorities. Within this context, the present study investigates how NBC News represents Law Enforcement Authorities in reporting the Debanhi Escobar case and how such representations construct moral and institutional evaluations. This study applies Fairclough’s Dialectical Relational Approach (DRA) to examine the relationship between textual strategies, social practices, and power relations embedded in media discourse. In addition, Appraisal Theory is employed to analyze evaluative language and to uncover the underlying moral and ethical positioning conveyed in the news reports. The data are drawn from publicly accessible NBC News articles and are analyzed using a qualitative descriptive method, supported by multimodal analysis. The findings indicate that the victim is foregrounded through the narration of violent events and moral evaluations expressed via direct, indirect, and narrative speech. In contrast, Law Enforcement Authorities are predominantly represented through heteroglossic voices, irony, and weak epistemic modality, which contribute to negative judgment and foster skepticism toward institutional credibility. These discursive practices suggest that NBC News operates not merely as an information provider but as an active social and evaluative agent. Overall, this study demonstrates that the integration of DRA and Appraisal Theory provides a comprehensive framework for examining international media discourse and its role in promoting social accountability.
- Research Article
- 10.18326/inject.v11i1.6238
- Feb 4, 2026
- INJECT (Interdisciplinary Journal of Communication)
- Mukhlish Muhammad Maududi
The enactment of Indonesia’s new Criminal Procedure Code (KUHAP) has generated widespread controversy in the digital public sphere, as reflected in polarized public sentiment and discursive contestation between the state and civil society. This study aims to examine how public sentiment is formed, circulated, and contested within the digital discourse surrounding the new KUHAP and its implications for the construction of legal legitimacy. Employing a qualitative descriptive approach, this study integrates social media–based sentiment analysis with critical discourse analysis. The data were derived from visualized public sentiment analytics produced by the DroneEmprit social media analytics platform. The findings reveal a predominance of negative and critical sentiments in the digital public sphere, centered on concerns regarding the potential erosion of human rights protections, expansion of law enforcement authority, and limited public participation in the legislative process. In contrast, state narratives emphasize legal certainty, law enforcement efficiency, and stability of the criminal justice system. The interaction between these competing narratives constitutes an arena of discursive contestation that exposes the polarization of legal legitimacy between state-centered procedural legitimacy and participatory legitimacy advocated by civil society. This study concludes that the digital public sphere functions as a strategic arena for negotiating legal legitimacy, in which the controversy over the new KUHAP reflects structural tensions between state authority and democratic demand.
- Research Article
- 10.20473/jd.v9i1.76922
- Jan 30, 2026
- Jurist-Diction
- Iwan Kurniawan + 2 more
The application of the living law concept within Indonesia’s criminal law system, as regulated in the new Criminal Code (KUHP), opens a new dimension in recognizing customary law and social norms that exist within society. This concept seeks to create a legal system that is more responsive to social and cultural diversity, while accommodating local norms within the criminal justice process. However, the recognition of living law also raises significant issues, particularly with respect to the principle of legality in criminal law, legal uncertainty, and the potential for abuse of power by law enforcement authorities. This study aims to analyze the problems associated with the implementation of living law as a basis for criminalization under the KUHP, using a normative juridical approach and relying on both primary and secondary legal sources. The discussion includes the identification of challenges arising from the ambiguity in the acceptance and proof of customary norms in legal practice, as well as these norms’ impact on legal certainty and the protection of human rights. Furthermore, this article proposes alternative approaches to the application of living law that are more selective and firmly grounded in the principles of justice and human rights. The findings indicate that although living law can enhance respect for legal pluralism, its implementation must go through strict and transparent verification mechanisms to prevent legal uncertainty and discrimination. Therefore, clear regulations are needed regarding the recognition and limitations of living law norms within the criminal justice system, along with a more restorative approach to dispute resolution.