MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi

ANALYSIS OF THE CRIMINAL LIABILITY OF FANDI AS A CREW MEMBER WHO CLAIMS TO HAVE NO KNOWLEDGE OF THE NARCOTICS CARGO IN LIGHT OF LAW NUMBER 35 OF 2009 ON NARCOTICS

Hasiholan Sihaloho, Faisal Santiago — Wed, 01 Apr 2026 00:00:00 +0000

This study analyzes the criminal liability of Fandi as a crew member (Anak Buah Kapal / ABK) who claims to have had no knowledge of the presence of narcotics cargo, reviewed under Law Number 35 of 2009 on Narcotics and the general principles of Indonesian criminal law. The problem focuses on the construction of criminal liability and the relevance of the element of fault (mens rea), particularly intent (dolus/opzet) and negligence (culpa), in determining whether Fandi can be held criminally responsible. This research employs a qualitative method with a normative legal approach (doctrinal legal research), utilizing a statute approach, conceptual approach, and a complementary case approach. Legal materials are analyzed qualitatively through grammatical, systematic, and teleological interpretation, as well as deductive legal reasoning. The findings indicate that Fandi’s presence on board a vessel transporting narcotics does not automatically fulfill the elements of a criminal offense without proof of the subjective element. The principle of geen straf zonder schuld (no punishment without fault) affirms that criminal punishment requires legally and convincingly proven culpability. In the context of the subordinate position of a crew member, the analysis must consider authority, access to information, and control over the ship’s cargo. In the absence of evidence of knowledge, conscious cooperation, or significant violation of the standard of due care, criminal liability cannot be imposed. Therefore, the application of the Narcotics Law must be carried out proportionally to maintain a balance between the effectiveness of narcotics eradication and substantive justice.

JURIDICAL RECONSTRUCTING OF MEDICAL DATA PROTECTION IN MACHINE LEARNING TO FULFILL THE RIGHT TO HEALTH

Dyah Nur Sasanti, Megawati Barthos — Wed, 01 Apr 2026 00:00:00 +0000

The use of machine learning in the health sector has significantly changed the way medical personal data is managed and utilized. This technology improves the quality of health services, but at the same time poses a risk of violations of the right to health and the right to privacy due to algorithmic bias, lack of transparency, and weak data governance. This research aims to analyse the position of the right to health as a binding norm in the framework of medical personal data protection in Indonesia and to formulate an inclusive juridical reconstruction to mitigate risks. The research method used is normative juridical with a laws and conceptual approach, through the study of legal materials that collected by literature studies. The results of the study show that although the 1945 Constitution of Republic Indonesia, the Health Law, the PDP Law, and the ITE Law have provided a strong normative basis, there are still gaps due to the lack of specific regulations regarding algorithm audits, human rights impact assessments, and independent oversight. In conclusion, it is necessary to reconstruct regulations and strengthen supervisory institutions so that digital health innovations can apply in a fair, inclusive, and in line with the principles of non-discrimination. The author recommends to the Government to prepare regulations regarding the technical implementation of medical personal data protection, health service practitioners and digital health technology providers apply the principles of privacy by design and security by default, and encourage academics and legal researchers to develop studies about it.

LEGAL POLICY ON COPYRIGHT OF DIGITAL WORKS BASED ON ARTIFICIAL INTELLIGENCE IN THE CREATIVE ECONOMY ERA IN INDONESIA

Rara Amalia Cendhayanie, Megawati Barthos — Wed, 01 Apr 2026 00:00:00 +0000

The swift evolution of Artificial Intelligence (AI) has facilitated the production of digital creations via computational algorithms, prompting juridical questions about authorship, novelty, and safeguards under copyright law. In Indonesia, the copyright system—chiefly regulated by Law No. 28 of 2014—upholds humans exclusively as eligible creators. This stance engenders difficulties in providing juridical predictability for outputs produced by or with AI assistance, especially amid the burgeoning digital creative sector. This research seeks to analyze the policy dynamics underpinning the governance of AI-driven digital copyright within Indonesia. It employs a normative juridical methodology, incorporating statutory, conceptual, and comparative lenses drawn from legislative texts, doctrinal principles, and pertinent academic sources. The results demonstrate that Indonesia's prevailing copyright structure fails to expressly encompass AI-generated content. Hence, a flexible regulatory strategy is essential, achieved via the revision of normative provisions that preserve human oversight in creation while delineating a precise protective regime for AI-assisted works, thereby fostering expansion in the domestic creative economy.

LEGAL PROTECTION OF GEOGRAPHICAL INDICATIONS AS AN INSTRUMENT TO INCREASE THE COMPETITIVENESS OF LOCAL PRODUCTS IN INDONESIA

Andry Dwiarnanto, Evita Isretno Israhadi — Wed, 01 Apr 2026 00:00:00 +0000

Indonesia's juridical safeguards for Geographical Indications expose pronounced disparities between statutory constructs and execution realities. This inquiry dissects GI protection regimes normatively and comparatively, delineates regulation-implementation chasms (das sollen versus das sein) with attendant barriers, and proposes a tactical GI safeguard paradigm elevating Indonesian regional goods' global market prowess. Adopting normative juridical inquiry via statutory, doctrinal, and cross-jurisdictional methods, results affirm Law Number 20 of 2016 on Marks and Geographical Indications furnishes TRIPs-conformant comprehensive protections. Implementation, however, falters amid lax post-grant oversight, producer communities' juridical ignorance, provincial authorities' institutional shortfalls, and vast untapped local product potentials. These deficits curtail GIs' catalytic impact on competitiveness. An encompassing tactical paradigm—fusing registration bolstering, tech-enabled post-registration administration, and enduring multi-actor symbiosis—proves requisite.

BANKRUPTCY OF FOREIGN COMPANIES IN INDONESIA: A JURIDICAL ANALYSIS OF THE JURISDICTION AND RECOGNITION OF FOREIGN BANKRUPTCY JUDGMENTS

Patar Bronson Sitinjak, Lucky Ferdiles — Wed, 01 Apr 2026 00:00:00 +0000

The increasing penetration of multinational enterprises into the Indonesian market poses intricate legal dilemmas, especially in cases of corporate insolvency. This investigation assesses the authority of Indonesia's Commercial Courts in adjudicating the bankruptcy proceedings of overseas firms and evaluates the acknowledgment of extraterritorial bankruptcy rulings under private international law principles. Employing a normative juridical methodology that incorporates statutory and conceptual analyses, the inquiry relies on primary legal sources such as statutes, supplemented by secondary materials including academic literature. The results reveal that Commercial Courts exercise jurisdiction over foreign debtors predicated on their conduct of business operations within Indonesia. Nonetheless, this authority is confined to territorial boundaries, rendering the recovery of assets situated overseas effectively impossible. Moreover, prevailing Indonesian legislation lacks explicit provisions for recognizing foreign bankruptcy judgments. Consequently, these rulings serve merely as supportive evidence and lack direct enforceability absent an international treaty or the doctrine of reciprocity. This legislative shortfall substantially undermines safeguards for creditors in transnational dealings, underscoring the pressing imperative for Indonesia to enact the UNCITRAL Model Law on Cross-Border Insolvency as a pivotal reform measure.

POLITICAL DIRECTION OF DIGITAL TRANSFORMATION LAW IN THE CRIMINAL JUSTICE SYSTEM (E-LITIGATION) TO REALIZE THE PRINCIPLES OF SIMPLE, FAST, AND LOW-COST JUSTICE

Andre Firza Setyananda, Lucky Ferdiles — Wed, 01 Apr 2026 00:00:00 +0000

Digital transformation in the criminal justice system is a necessity along with the increasingly massive development of information and communication technology. One of the concrete forms of this transformation is the implementation of the e-litigation system in the criminal justice process. The presence of e-litigation is not only interpreted as an administrative technical innovation, but also as a manifestation of the political direction of national law in building an effective, efficient, and fair judicial system. This article aims to analyze the political direction of digital transformation in the criminal justice system in Indonesia and examine its relevance to the principles of simple, fast, and low-cost justice. This research uses normative juridical methods with legislative, conceptual, and historical approaches. The results of the study show that the implementation of e-litigation in the criminal justice system is a form of progressive legal policy that aims to strengthen access to justice, increase transparency, and reduce structural barriers in the criminal law enforcement process. However, the effectiveness of e-litigation still faces various challenges, both in terms of regulations, the readiness of law enforcement officials, and the technology gap in society. Keywords: Legal politics, digital transformation, e-litigation, criminal justice, judicial principles.

THE DYNAMICS OF CENTRALISM BEHIND THE CLOAK OF AUTONOMY: A CRITICAL REVIEW OF THE LEGAL PHILOSOPHY OF THE IMPLEMENTATION OF LOCAL GOVERNMENT

Hendro Tri Subiyantoro, Afdhal Mahatta — Wed, 01 Apr 2026 00:00:00 +0000

Indonesia's regional self-governance, launched post-1998 reformasi, rests on subsidiarity and decentralization as core tenets of local administration. Yet, emergent realities expose a stark contradiction between nominal affirmation of provincial sovereignty and pervasive curbs imposed via regulatory frameworks. Utilizing a normative juridical methodology featuring systematic and purposive hermeneutics, this inquiry dissects disparities between statutory designs of autonomy and practical execution. Outcomes reveal that Law No. 1 of 2022 on Inter-Governmental Fiscal Ties fosters financial reliance undermining provincial self-determination, whereas Law No. 3 of 2022 on the New Capital City imposes administrative structures bypassing local democratic norms. Together with tacit recentralizing devices, these enactments engender a facade of autonomy, granting procedural leeway amid substantive curtailment. Imperative juridical realignment of local governance philosophy demands bolstering subsidiarity, overhauling fiscal linkages, and reorienting central-local dynamics toward equitable, partnership-oriented distributive justice.

LEGAL PROTECTION FOR USERS OF PEER-TO-PEER LENDING SERVICES IN THE FINTECH ECOSYSTEM IN INDONESIA

Amanda Lanisya, Indah Kusuma Wardhani — Wed, 01 Apr 2026 00:00:00 +0000

The evolution of financial technology (fintech) has spurred numerous innovations in digital financial services, notably Peer-to-Peer (P2P) Lending platforms. These platforms facilitate straightforward funding access for individuals by linking lenders and borrowers via online interfaces. Yet, P2P lending expansion has engendered several legal issues, including the proliferation of unlicensed fintech entities, improper handling of personal information, and collection methods contravening statutory norms. This investigation examines the regulatory framework for P2P lending in Indonesia, the nature of safeguards for platform users, and the obstacles alongside strategies for enhancing protections within the fintech landscape. Employing normative legal inquiry with statute-based and conceptual methodologies, the findings indicate that P2P lending governance in Indonesia draws from diverse instruments, encompassing the Financial Services Authority statute, Financial Services Authority rules on IT-enabled crowdfunding, and provisions for consumer rights and data privacy. User protections in fintech are delivered via preemptive and corrective measures. Nevertheless, enforcement encounters persistent hurdles, underscoring the imperative for regulatory fortification, intensified oversight, and elevated public financial awareness.

PROTECTION OF CHILDREN'S RIGHTS IN CHOOSING RELIGION IN INDONESIA

Erdian, Natsir Asnawi — Wed, 01 Apr 2026 00:00:00 +0000

The protection of children's rights in choosing religion and practicing worship is a constitutional issue that is increasingly relevant in a democratic legal country that upholds human rights. Although freedom of religion is guaranteed in the 1945 Constitution of the Republic of Indonesia, the practice of positive legal regulation still shows the tension between children's rights, parental authority in parenting, and state obligations through the national education system. This study aims to analyse the normative construction of the protection of children's rights to freedom of religion and worship, as well as to test the coherence of its regulation in the perspective of human rights. The main questions asked are what is the position of children's rights in conflict with parental rights and what is the appropriate model of protection within Indonesia's positive legal framework. This research uses a normative juridical method with a legislative and conceptual approach. Data was collected through literature studies on relevant primary, secondary, and tertiary legal materials, then analysed qualitatively to assess the consistency and harmonization of norms. The results of the study show that constitutional guarantees for children's religious freedom exist, but they are not fully coherent when dealing with sectoral norms that give dominant space to parents and the education system. This research offers a child-centred rights protection model based on the principles of the best interests of children and evolving capacities as a normative harmonization framework. In conclusion, the protection of children's rights to religious freedom requires a clearer affirmation of normative parameters as well as corrective mechanisms that are responsive to family conflicts.

DIGITAL JUSTICE AND THE FUTURE OF CIVIL MEDIATION: A NORMATIVE ANALYSIS OF THE RECOGNITION OF ELECTRONIC MEDIATION AGREEMENTS

Saur Oloan Hamonangan Situngkir, Binsar Jon Vic — Wed, 01 Apr 2026 00:00:00 +0000

The development of information technology has encouraged the transformation of the justice system towards the concept of digital justice, which utilizes digital technology to improve efficiency, transparency, and access to justice. In the context of civil dispute resolution in Indonesia, this transformation has encouraged the emergence of electronic mediation practices, which are the mediation process carried out through digital media. However, these developments raise legal issues related to the position and legal recognition of mediation agreements made electronically, especially regarding their evidentiary and executory power in the civil procedure law system. This research aims to analyse the concept of digital justice in civil mediation, examine the legal position of electronic mediation agreements in the civil law system, and formulate a model for legal recognition of these agreements in the judicial system. This research uses normative legal research methods with a legislative and conceptual approach through literature studies on relevant laws and regulations, books, and scientific journal articles. The results of the study show that electronic mediation agreements in principle meet the legal requirements of the agreement and can be recognized as legal documents based on the provisions regarding electronic documents, but there is still uncertainty about its executory power. Therefore, a legal recognition model is needed that integrates electronic mediation agreements with the digital justice system through registration, verification, and ratification mechanisms by the courts so that it can obtain the status of an electronic peace deed.

A NEW PARADIGM OF CRIMINALIZATION THROUGH THE CONCEPT OF JUDICIAL PARDON BASED ON THE PRINCIPLES OF JUSTICE AND LEGAL UTILITY

Muhammad Arman, Megawati Barthos — Wed, 01 Apr 2026 00:00:00 +0000

Judicial pardon empowers adjudicators to absolve defendants—proven guilty through evidence—without sentence imposition, as enshrined in Law Number 1 of 2023 on the Indonesian Criminal Code. This study adopts a normative juridical methodology incorporating statutory and conceptual analyses. Findings demonstrate that judicial pardon provisions signal penal reform toward a humane, proportionate, and substantively just criminal framework. Via this tool, judges may weigh elements like offender culpability, act motivation, personal context, and societal effects. Furthermore, judicial pardon upholds legal utility, acknowledging scenarios where criminalization yields scant benefit to perpetrator, victim, or community. Thus, its integration into the new Criminal Code advances a sanctions system balancing retribution with justice, humanity, and pragmatic value in penal application.

RESPONSIBILITY FOR THE MANAGEMENT OF REGIONAL WEALTH SEPARATED FROM REGIONAL OWNED ENTERPRISES IN INDONESIA

Nurakhman, Richard — Wed, 01 Apr 2026 00:00:00 +0000

The administration of segregated local assets within Regional-Owned Enterprises (BUMD) serves as a vital mechanism for attaining fiscal autonomy at the regional level; yet, its inherent intricacies often precipitate grave concerns over responsibility and openness. This investigation seeks to evaluate the responsibility framework governing segregated local assets in BUMD, pinpoint discrepancies between statutory mandates and implementation realities, and propose an optimal responsibility paradigm. Adopting a normative juridical methodology incorporating statutory and conceptual perspectives, the study relies on library-based inquiry for data gathering. Key discoveries highlight three core issues: firstly, deficiencies in BUMD's internal control apparatus permit irregularities to evade early detection; secondly, notable inconsistencies prevail between BUMD responsibility rules and financial disclosure routines, fostering juridical vulnerabilities; thirdly, an inadequate assessment process reliant on quantifiable metrics results in subdued and erratic contributions from segregated local assets to Regional Original Revenue. Enhancing internal controls, aligning regulatory standards, and developing a holistic performance appraisal structure emerge as the foremost remedies to foster responsible and fair BUMD administration.

FAIRNESS IN THE DISTRIBUTION OF ROYALTIES FOR PERFORMERS AND RECORD PRODUCERS AS RELATED RIGHTS HOLDERS

Andry Dwiarnanto, Faisal Santiago — Wed, 01 Apr 2026 00:00:00 +0000

Related rights, integral to intellectual property safeguards, confer economic entitlements upon contributors to phonogram performance and production. Royalty allocation to beneficiaries proceeds principally via Collective Management Institutions (LMK) and the National Collective Management Institution (LMKN), per Law Number 28 of 2014 on Copyright and Government Regulation Number 56 of 2021 on Song and/or Music Copyright Royalty Administration. Employing normative juridical methodology with statutory and conceptual emphases, this study reveals that despite normative royalty frameworks, practical hurdles persist: opaque LMK oversight, deficient work utilization tracking, and user noncompliance with payment duties. Moreover, equitable royalty apportionment for performers and producers remains suboptimal. Regulatory fortification, LMK transparency elevation, and digital technology adoption are imperative for equitable, efficacious distribution benefiting related rights stakeholders.

THE LEGAL POLICY ON THE ESTABLISHMENT OF AD HOC AGRARIAN COURTS AS AN INSTRUMENT FOR RESOLVING AGRARIAN CONFLICTS IN INDONESIA

Hermawan, Andi Muhammad Rusdi — Wed, 01 Apr 2026 00:00:00 +0000

Agrarian disputes in Indonesia persist as a multifaceted and persistent challenge, entangling stakeholders including communities, authorities, and businesses. Existing mechanisms for resolving such conflicts remain disjointed, dispersed across forums like general courts and state administrative tribunals, frequently yielding juridical ambiguity and suboptimal outcomes. This inquiry evaluates the necessity and optimal juridical architecture for instituting an ad hoc agrarian tribunal as a pathway to holistic conflict adjudication. Employing normative legal methodology with statutory and conceptual emphases, it draws upon pertinent legislation, monographs, and scholarly publications. Findings affirm the imperative for an ad hoc agrarian court to rectify systemic fragmentation in dispute resolution, delivering equitable verdicts via specialized ad hoc judges expert in agrarian matters. Optimally, this tribunal should function as a specialized entity subordinate to the Supreme Court, wielding unified jurisdiction over agrarian contentions and bolstered by alternative resolution tools like mediation. Accordingly, such a court promises to enhance juridical predictability, uphold communal entitlements, and advance agrarian reform toward equitable social outcomes in land affairs.

THE CONSTITUTIONAL PARADOX OF THE REGIONAL REPRESENTATIVE COUNCIL: RECONSTRUCTION OF DPD AUTHORITY IN AN ASYMMETRICAL BICAMERAL SYSTEM IN INDONESIA

Muhammad Syaripudin Amin, Rineke Sara — Wed, 01 Apr 2026 00:00:00 +0000

Constitutional reforms following the Reformation era established the Regional Representative Council as a body embodying territorial interests, intended to amplify provincial voices within national lawmaking. Yet, its practical powers remain constrained, yielding a contradiction between robust democratic endorsement via popular elections and circumscribed legislative influence. This inquiry dissects the configuration of the Regional Representative Council's authority within Indonesia's constitutional architecture and proposes a paradigm for reconfiguring its role amid an asymmetrical bicameral framework. Adopting normative juridical methodology with statute-oriented, conceptual, and comparative lenses, data derive from archival examinations of legislation, Constitutional Court rulings, and pertinent constitutional scholarship. Findings reveal Indonesia's bicameral structure as predominantly soft bicameralism, wherein the House of Representatives predominates legislatively, relegating the Regional Representative Council to consultative rather than determinative participation. The analysis introduces the asymmetric bicameral constitutional paradox notion alongside a balanced asymmetrical bicameralism paradigm to realign the Council's powers, enhancing territorial advocacy while preserving unitary state principles. These insights enrich theoretical discourse on bicameralism in unitary systems and furnish a foundational blueprint for parliamentary restructuring in Indonesia.