Journal of Normative and Socio-Legal Studies

The Effectiveness of Restorative Justice in Resolving Criminal Cases in Indonesia

Gita Dianti, Arkadewi Galuh, Budi Haris — Tue, 25 Mar 2025 00:00:00 +0000

The restorative justice approach is increasingly used in the criminal justice system as an alternative to the punishment-oriented retributive approach. In Indonesia, the application of restorative justice has been accommodated in various regulations, such as the Law on the Juvenile Criminal Justice System (SPPA) and the Regulation of the Chief of Police No. 8 of 2021. However, the effectiveness of this approach is still being debated. This study aims to evaluate the effectiveness of restorative justice in resolving criminal cases in Indonesia using a qualitative method based on case studies. Data were obtained through in-depth interviews with law enforcement officers, victims, and perpetrators, as well as analysis of legal documents and court decisions. The results of the study indicate that restorative justice provides benefits in terms of victim satisfaction and perpetrator rehabilitation, but still faces various obstacles, including lack of understanding by law enforcement officers, resistance from the community, and challenges in balancing the rights of victims and perpetrators. Compared to other countries such as Canada and New Zealand, Indonesia still needs to strengthen regulations and legal infrastructure to optimize the implementation of this approach. Therefore, this study recommends increasing training for law enforcement officers, improving regulations, and involving the community in supporting the success of restorative justice in the Indonesian criminal justice system.

The Role of the Constitutional Court in Maintaining the Balance Between Executive and Legislative Powers

Adiyta Abimana, Aji Baskara, Budiono Brawijaya — Tue, 25 Mar 2025 00:00:00 +0000

The Constitutional Court (MK) has a central role in maintaining the balance between executive and legislative powers in the Indonesian constitutional system. This study aims to analyze how the Constitutional Court carries out its function in upholding the principle of checks and balances, and to identify the challenges it faces. The method used is a normative legal approach with an analysis of the Constitutional Court's decisions, relevant laws and regulations, and interviews with constitutional law experts. The results of the study show that the Constitutional Court plays a role in interpreting and testing laws to ensure compliance with the 1945 Constitution. Several Constitutional Court decisions have annulled or corrected laws that are considered to strengthen the dominance of one branch of power, such as in the case of the Job Creation Law and the MD3 Law. However, the implementation of the Constitutional Court's decisions still faces obstacles, including politicization in the selection of judges, non-compliance by the executive and legislative branches, and the lack of mechanisms for enforcing decisions. Compared to other countries, the Indonesian Constitutional Court has challenges in ensuring the effectiveness of its decisions and independence. As a recommendation, reform is needed in the selection of judges, strengthening the mechanism for compliance with the Constitutional Court's decisions, and increasing transparency and institutional accountability. With constitutional steps in Indonesia.

Corporate Responsibilities in Intellectual Property Rights Disputes in the Digital Age

Dewandaru Dewandaru, Enes Gamya, Guntur Ismawan — Tue, 25 Mar 2025 00:00:00 +0000

In the digital era, Intellectual Property Rights (IPR) violations are increasing along with the rapid development of technology and digital platforms. Digital companies, as service providers and content facilitators, have a responsibility to prevent and handle IPR disputes. This study aims to analyze the extent of the company's responsibility in resolving IPR disputes and the challenges faced in its implementation in Indonesia. The research method used is a normative legal approach with legal analysis of applicable regulations, case studies of several digital companies, and interviews with legal experts and related stakeholders. The results of the study show that digital companies have preventive responsibilities through content filtering systems and internal regulations, as well as responsive responsibilities through take-down mechanisms and cooperation with legal authorities. However, challenges such as lack of legal certainty, weak enforcement of regulations, and limited monitoring technology are still major obstacles in resolving IPR disputes in Indonesia. As a recommendation, this study suggests stricter regulatory reform, the implementation of more sophisticated monitoring technology, and increased legal awareness for users and providers of digital services. With these steps, it is hoped that the digital ecosystem in Indonesia can be more conducive to the protection of IPR and create a balance between the interests of copyright owners, internet users, and digital companies.

Legality and Consumer Protection in E-Commerce Transactions in Indonesia

Arfak Korowai, Wawan Moskona, Meiyakh Ansus — Tue, 25 Mar 2025 00:00:00 +0000

The development of e-commerce in Indonesia has made it easier for consumers to conduct digital transactions. However, this rapid growth has also raised various challenges in terms of consumer protection, especially related to aspects of legality, dispute resolution, and personal data protection. This study aims to analyze the effectiveness of consumer protection regulations in e-commerce transactions in Indonesia, compare them with other countries, and provide policy recommendations to improve legal protection mechanisms for consumers. The research method used is a normative legal approach with an analysis of applicable laws and regulations, related court decisions, and interviews with legal experts. In addition, a comparative study was conducted with regulations in the European Union and the United States to understand better consumer protection standards. The results of the study show that although Indonesia already has consumer protection regulations in digital transactions, their implementation and effectiveness still face various obstacles, such as weak supervision of digital business actors, legal uncertainty in dispute resolution, and low consumer literacy regarding their rights. Comparison with regulations in other countries shows that Indonesia is still lagging behind in terms of personal data protection and digital dispute resolution mechanisms. Therefore, it is necessary to strengthen regulations, increase supervision of e-commerce platforms, and implement online dispute resolution mechanisms to provide more effective protection for consumers. The main recommendations of this study are the need to revise the Consumer Protection Law and the ITE Law, as well as align national policies with international standards to improve legal protection for consumers in the digital ecosystem.

Legal Review of Cyber Crime: Regulatory Challenges and Solutions in Indonesia

Tengku Ilyas, Herman Abdullah, Muhammad Yunus — Tue, 25 Mar 2025 00:00:00 +0000

The development of digital technology has had a major impact on various aspects of life, including the increase in cybercrime, which has become a new challenge in the legal system in Indonesia. Existing regulations, such as the Electronic Information and Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP), have regulated several aspects of cybercrime, but there are still various loopholes that cause weak legal protection for the community. This study aims to examine the legal challenges in dealing with cybercrime and to offer more effective regulatory solutions. The research method used is a normative legal approach, with an analysis of applicable regulations, related court decisions, and interviews with legal experts and cybersecurity practitioners. The results of the study show that the main challenges in cybercrime regulation in Indonesia include the lag of regulations in technological developments, weak law enforcement, lack of coordination between institutions, and minimal international cooperation in dealing with transnational cybercrime. In addition, limited resources and technical expertise in cyber investigations are major obstacles to the effectiveness of law enforcement. To improve the effectiveness of regulation and law enforcement against cyber crime, this study recommends several strategic steps, including revising regulations related to cyber crime to be more adaptive to technological developments, establishing a special agency to handle cyber security, strengthening international cooperation, increasing the capacity of law enforcement officers in digital investigations, and educating the public about the importance of protecting personal data and cyber security. With the implementation of these solutions, it is hoped that Indonesia can be better prepared to face the threat of cyber crime