Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora
Journal Title : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Initials : Mandub Frequency : Maret, Juni, September dan Desember Print ISSN : 2988-2281 Online ISSN : 2988-2273 Editor in Chief : - DOI: 10.59059 Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora, dengan e-ISSN : 2988-2273, p-ISSN : 2988-2281. Jurnal ini adalah jurnal studi ilmu-ilmu Politik ,Sosial,Hukum dan Humaniora yang bersifat peer-review dan terbuka. Bidang kajian dalam jurnal ini termasuk ilmu politik, sosial ,hukum, dan humaniora. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat. Jurnal ini terbit 1 tahun 4 kali (Maret, Juni, September dan Desember). Jurnal ini terakreditasi SINTA 4 (SK Direktur Jenderal Pendidikan Tinggi, Riset, dan Teknologi Nomor 355/DST/D.D1/HM.01.01/2026 tanggal 24 Juli 2026, tentang Pemberitahuan Hasil Akreditasi Jurnal Ilmiah Periode 3 Tahun 2025), dimulai dari Volume 1 Nomor 4 Tahun 2023 sampai Volume 6 Nomor 3 Tahun 2028. Indexed by : Journal Sponsors and Partners :
Dilema Legalitas dan Kriminalisasi Penambang Rakyat: Perjuangan Aliansi Tambang Rakyat Bangka dalam Menuntut Kepastian Hukum di Wilayah Pertambangan Rakyat
Bangka Belitung Islands Province as the largest tin producer faces legality dilemmas and criminalization of artisanal miners due to permit centralization through Law Number 3 of 2020. This study aims to analyze the impact of centralization on artisanal miners' legal access, criminalization practices under Article 158 of the Mineral and Coal Law, and the form of Bangka Artisanal Miners Alliance (ATRB) struggle demanding legal certainty. The research employs qualitative case study approach with data collection techniques through literature study and document analysis of regulations, court decisions, and media reports. Findings show centralization narrows legal access causing slow and bureaucratic process for Artisanal Mining Area (WPR) designation and Artisanal Mining Permit (IPR) issuance. Criminalization practices more frequently affect small-scale miners major actors, creating injustice perceptions and worsening socio-economic conditions of mining households. ATRB emerges as a social movement demanding legal recognition through accelerated WPR and IPR plus economic redistribution through fair tin trade governance. Non-transparent royalty management reaching Rp1.7 trillion worsens community vulnerability. This research contributes to social movement and natural resource politics studies by emphasizing the importance of participatory legalization and governance reform to reduce social conflict.
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Legal Analysis of The Application of Right to be Forgotten (RTBF) in Acquittal Verdicts: Implications for The Restoration of Inmates' Rights within The Indonesian Criminal Justice System
This research examines the potential application of the Right to Be Forgotten (RTBF) in Indonesia's criminal justice system, focusing on individuals who have been acquitted or have completed their sentences. The study explores the legal, social, and ethical implications of RTBF in relation to criminal records, aiming to assess how it could support the rehabilitation and reintegration of acquitted individuals. In Indonesia, criminal records often remain publicly accessible long after a person has been legally exonerated, creating barriers to social reintegration due to the stigma associated with past accusations. The study investigates the gaps in the current legal framework, such as the lack of provisions for the removal or anonymization of criminal records for acquitted individuals, and explores how RTBF could promote justice and fairness. The research uses a literature review methodology, analyzing relevant legal texts including Law No. 11 of 2008 on Information and Electronic Transactions (ITE Law), Law No. 39 of 1999 on Human Rights, and the 1945 Indonesian Constitution. The review critically evaluates the challenges and opportunities of implementing RTBF, focusing on balancing privacy rights with public safety concerns. The findings suggest that RTBF could reduce the negative impact of criminal records on individuals who have been acquitted, facilitating their reintegration into society. However, the study also highlights the challenges in implementing RTBF due to societal and legal factors. Legal reforms recommendations allow individuals to request the removal of criminal records, aligning Indonesia's legal system with international human rights standards.
Bankruptcy as a Corporate Restructuring Mechanism and Its Implications for Corporate Governance and Stakeholder Protection
Bankruptcy can no longer be understood solely as a mechanism for liquidating assets to meet debtor obligations, but has evolved into a restructuring instrument that directly impacts corporate governance and stakeholder protection. This study aims to analyze how bankruptcy functions as a corporate restructuring mechanism, how this process influences the redistribution of power in corporate governance, and the extent to which the bankruptcy legal system provides balanced protection for various stakeholders. The research method used is normative legal research with a statutory, conceptual, and limited comparative approach. The analysis is conducted on the provisions of Law Number 37 of 2004 concerning Bankruptcy and PKPU (Investment Suspension) and regulations related to corporate governance, combined with theoretical studies on fiduciary duty, stakeholder theory, and the corporate rescue paradigm. The results illustrate that bankruptcy functions as a governance restructuring mechanism that transfers control from the board of directors to the curator and creditor forum, thereby creating a redistribution of power within the company. The dominant creditor primacy orientation has the potential to create an imbalance in protection for non-creditor stakeholders, including workers and other economically impacted parties. These conditions indicate the need for normative reconstruction, including redefining fiduciary obligations during the insolvency phase, strengthening stakeholder protection, and harmonizing corporate governance principles with the insolvency law regime. This research is expected to contribute academically to the development of a bankruptcy model that is not solely focused on debt resolution but also considers aspects of business sustainability and substantive justice in modern corporate governance.
Peluang, Tantangan, dan Harapan Otonomi Daerah Bidang Pendidikan Islam di Indonesia
This paper discusses the implementation of regional autonomy and its impact on Islamic education in Indonesia, focusing on the challenges and opportunities faced. Although educational decentralization is considered a strategic step to improve the quality of education, there are various obstacles that must be addressed, including the development of regional capacity, the availability of educational resources, and effective leadership. This study aims to explore how regional autonomy can provide flexibility in educational management while identifying issues arising from the lack of coordination between regional and central governments, especially in the management of Islamic educational institutions. The method used is a normative legal approach with descriptive analysis. The research findings indicate that despite efforts to enhance Islamic education, there remain significant gaps in funding, facilities, and educational quality compared to general education. The conclusion drawn is the need for more inclusive and responsive policy reforms to local diversity, as well as the importance of collaboration among government, society, and educational institutions to create a more equitable and quality education system.
Program Makan Bergizi Gratis dalam Perspektif Politik Legislasi: Analisis Risiko Hukum dan Beban Fiskal Negara
The government policy known as the Free Nutritional Meal Program (MBG) aims to improve public nutrition and reduce stunting rates in Indonesia. The purpose of this study is to examine the MBG Program from a political perspective, particularly considering political dynamics, legal risks, and fiscal issues. This research was conducted through literature review, reviewing various journals and academic sources. The results indicate that the MBG not only has social impacts but also influences political interests, poses risks to legal enforcement, and disrupts the sustainability of the state budget. Therefore, for the program to be successful and sustainable, strong regulations and oversight are required. Furthermore, this populist program is often utilized as an instrument for power legitimacy, demanding compromises between the executive and legislative branches during its budget approval process. Without a detailed legal framework, the policy's implementation is highly vulnerable to overlapping institutional authority and potential misappropriation of funds. Ultimately, technology-based monitoring strategies and accountable governance are the main keys to maintaining the stability of the State Budget (APBN).
Strategi Personal Branding Politik Kandidat Generasi Z dalam Membangun Keterpilihan pada Pemilu Legislatif Kota Jambi Tahun 2024
The phenomenon of Generation Z’s political electability in the 2024 Legislative Election reflects a shift in patterns of political representation at the local level. The success of Generation Z candidates in securing legislative seats in Jambi City has become a noteworthy phenomenon, particularly amid the dominance of politicians from older generations. This study aims to analyze the political personal branding strategies employed by Generation Z candidates in building their electability in the 2024 Legislative Election in Jambi City. The research adopts a qualitative approach, with data collected through interviews, documentation, and literature review. The analysis is based on Peter Montoya’s Personal Branding theory, which consists of specialization, Leadership, Personality, Distinctiveness, visibility, unity, persistence, and goodwill. The findings reveal that the electability of Generation Z candidates is influenced not only by their young age or social media presence but also by their ability to establish social closeness with the community, maintain consistency in political behavior, engage in intensive interpersonal communication, and actively participate in social and community activities. Personal branding strategies that are developed consistently and sustainably have proven effective in fostering public trust and strengthening political legitimacy at the local level. The study concludes that political personal branding is one of the key factors contributing to the electability of Generation Z candidates in the 2024 Legislative Election in Jambi City.
This study aims to analyze the effect of public satisfaction on political participation in the 2024 single-candidate regional election (Pilkada) in Batanghari Regency. Political participation in elections is an important indicator of democratic quality, especially in a single-candidate contest where electoral competition is limited. The research employed a quantitative explanatory approach with a sample of 151 respondents selected through simple random sampling. Data were collected using structured questionnaires and analyzed using simple linear regression with IBM SPSS Statistics to determine the relationship between public satisfaction and political participation. The results indicate that public satisfaction has a positive and significant effect on political participation, with a coefficient of determination (R²) of 0.510. This means that 51% of the variation in political participation can be explained by public satisfaction, while the remaining percentage is influenced by other factors not included in this study. However, voter turnout in the 2024 election declined compared to the previous regional election. These findings suggest that public satisfaction is not the sole factor influencing political participation, as the level of political competition in a single-candidate election also plays an important and contextual role in shaping voter behavior and turnout.
Kepentingan Aktor Lokal dalam Implementasi Kebijakan Peningkatan Produktivitas Pertanian
The implementation of agricultural productivity improvement policies is an important effort to increase agricultural production and improve farmers' welfare. Policy implementation is influenced not only by program design and resource availability but also by the interests of actors involved in the implementation process. This study aims to analyze actor interests in the implementation of agricultural productivity improvement policies in Rantau Indah Village, Tanjung Jabung Timur Regency. This research employed a qualitative descriptive approach. Data were collected through interviews, observations, and documentation involving representatives of the Food Crops and Horticulture Office, Agricultural Extension Workers, village government officials, farmer group leaders, and community leaders. The findings indicate that each actor has different interests in policy implementation, reflecting their respective institutional roles, responsibilities, and expectations. These differences influence program planning, coordination, decision-making, and policy execution. Nevertheless, effective communication, collaboration, and coordination among stakeholders contribute positively to minimizing conflicts of interest and supporting policy implementation. The active involvement of farmer groups and agricultural extension workers also strengthens the dissemination of agricultural innovations and encourages community participation in improving productivity. The study concludes that actor interests constitute an important factor influencing the implementation of agricultural productivity improvement policies in Rantau Indah Village. Therefore, strengthening stakeholder collaboration, improving institutional coordination, and ensuring transparent communication are essential to achieving sustainable agricultural development and enhancing farmers' welfare.
Budaya Politik Masyarakat dalam Mendukung Implementasi Program Bantuan Sosial di Kelurahan Rantau Indah Kabupaten Tanjung Jabung Timur
This study aims to analyze the political culture of the community in supporting the implementation of social assistance programs in Rantau Indah Village, Tanjung Jabung Timur Regency. This research employed a descriptive qualitative approach to understand community political culture through cognitive, affective, and evaluative orientations toward social assistance programs. Data were collected through interviews, observations, and documentation involving village officials, RT/RW leaders, and social assistance beneficiaries. The findings indicate that community political culture plays an important role in supporting the implementation of social assistance programs. In the cognitive aspect, most people understand the existence and objectives of social assistance, although some still have limited understanding of beneficiary criteria. In the affective aspect, the community shows trust in village officials despite perceptions of inequality in aid distribution. Meanwhile, the evaluative aspect reflects community participation in supervision and feedback. Overall, community political culture tends to be participatory in supporting social assistance implementation. The study also reveals that transparent communication, active community involvement, and accountability of village authorities contribute significantly to strengthening public trust and improving the effectiveness of program implementation. Community participation in monitoring and evaluating the distribution process helps minimize potential conflicts and encourages greater transparency. These findings suggest that strengthening political awareness, enhancing public access to information, and promoting participatory governance are essential to ensure that social assistance programs are implemented fairly, effectively, and sustainably while improving community welfare and reinforcing good local governance practices.
Politik Anti Neoliberalisme Venezuela di Era Kepemimpinan Presiden Nicolás Maduro
This study examines how Nicolás Maduro's anti-neoliberal politics in Venezuela triggered a systematic securitization process by the US from 2014 to 2026. Drawing on Securitization Theory (Buzan et al., 1998) and a Neo-Gramscian perspective (Cox, 1981), this study argues that Maduro's anti-neoliberal policies constitute a counter-hegemonic challenge created by the United States. This threat is framed as a threat to democracy, regional security, and ultimately the narco-state, ultimately leading to the military intervention of January 2026. Economic sanctions failed to pressure the regime, exacerbated the humanitarian crisis, and set a dangerous precedent for the norm of state sovereignty in international law, suggesting that this securitization process proved ineffective. By addressing temporal and conceptual gaps in previous research, this study adds to the Security Studies literature. This study also highlights implications for international law, regional stability in Latin America, and the broader debate on securitization practices in contemporary global politics and US foreign policy strategy and international security governance frameworks debates.
Penggunaan Bahan Baku tidak Berkelanjutan dalam Rantai Pasok Global Nestle dan Dampaknya terhadap Kerusakan Lingkungan
This study examines the gap between Nestlé’s sustainability commitments and the reality of ecological damage caused by the use of unsustainable raw materials in its global supply chain. Using a descriptive qualitative approach based on literature reviews and case study analysis, this study evaluates various data sources, ranging from scientific journals and corporate reports to documentation from independent organizations such as Greenpeace and the Rainforest Action Network. Findings indicate that Nestlé’s procurement of key commodities such as palm oil, cocoa, soy, dairy products, and singleuse plastics significantly contributes to deforestation, systemic plastic pollution, water extraction in vulnerable regions, and greenhouse gas emissions exceeding 87.5 million tons of CO₂e per year. In Indonesia, these highrisk areas are evident in palm oil sourcing in Sumatra and Kalimantan and cocoa sourcing in Sulawesi. Theoretically, this study argues that Nestlé’s sustainability governance exhibits a pattern of strategic decoupling, where public reporting on progress in primary supply chains is deliberately used to mask ongoing environmental damage within their hidden supply networks. Thus, this article makes a critical contribution by integrating supply chain management theory, environmental accountability, and the governance of multinational corporations.
Partisipasi Masyarakat Desa Suci, Kecamatan Panti, Kabupaten Jember dalam Program Mitigasi Bencana
This study aims to analyze community participation in disaster mitigation programs in Suci Village, Panti Subdistrict, Jember Regency. The study was motivated by the high risk of flooding during the rainy season, requiring active community involvement in reducing disaster risks. Community participation is an important factor in disaster mitigation because residents are not only affected by disasters but also have a strategic role in strengthening preparedness and resilience. This study employed a qualitative approach with a descriptive research design. Data were collected through interviews, observations, and documentation using purposive sampling involving village officials, Disaster-Resilient Village (Destana) committee members, community leaders, and residents. Data analysis was conducted through data condensation, data presentation, and conclusion drawing. The results showed that community participation in disaster mitigation has been implemented through disaster socialization, education, emergency response simulations, disaster-prone area mapping, and evacuation route planning. The Destana program contributes significantly to encouraging community involvement and improving preparedness for flood threats. Social capital, including mutual cooperation, solidarity, and support from community and religious leaders, also strengthens disaster mitigation efforts. However, challenges remain, including community dependence on volunteers and the need for continuous education. Strengthening community capacity and participation is necessary to ensure sustainable disaster mitigation programs.
Mobilisasi Politik Laskar Sholawat Nusantara terhadap Tata Kelola Demokrasi Lokal Pilkada Jember 2024
This study aims to analyse the political mobilisation mechanisms employed by Laskar Sholawat Nusantara (LSN) during the 2024 Jember Regency Election and to examine their implications for local democratic dynamics. A descriptive qualitative approach was adopted, with the research conducted in Ambulu District, Jember Regency. Data were collected through observation, in-depth interviews, and documentation involving LSN administrators, Srikandi members, religious leaders, and local voters. The data were analysed through the stages of data reduction, data display, and conclusion drawing. This study was informed by Charles Tilly’s theory of political mobilisation mechanisms, encompassing environmental, cognitive, and relational mechanisms, as well as the political participation theory developed by David F. Roth and Frank L. Wilson. The findings show that LSN’s political mobilisation operates through three main mechanisms. The environmental mechanism is characterised by public expectations for regional leadership change, which encourage participation in organisational activities. The cognitive mechanism develops through socialisation processes and the dissemination of information that shape public understanding and positive perceptions of the organisation’s activities. Meanwhile, the relational mechanism is built through social ties among religious leaders, religious study groups, and women’s networks organised within Srikandi LSN, creating trust and strengthening public support. The study also finds a transformation in women’s political participation, particularly among members of religious study groups, from relatively passive individuals into active participants in social, religious, and organisational activities. Furthermore, LSN functions as an associational interest group that expands public participation and influences local democratic processes through social networks and religious values.
Implementasi Tanggung Jawab Hukum Developer terhadap Wanprestasi dalam Perjanjian Pengikatan Jual Beli Perumahan
The implementation of the Sale and Purchase Binding Agreement (PPJB) in housing transactions frequently gives rise to legal disputes due to delays in the handover of housing units and discrepancies between the agreed specifications and the delivered buildings. This study aims to analyze the implementation of developers' legal liability for breaches of contract arising from the execution of the PPJB. The research employed an empirical juridical method using a descriptive qualitative approach. Primary data were collected through interviews, while secondary data were obtained from legislation, legal literature, and scientific journals. The findings indicate that developers are legally obligated to fulfill all contractual obligations stipulated in the PPJB. Delays in the handover of housing units and discrepancies in building specifications constitute breaches of contract that give rise to legal liability in the form of performance fulfillment and compensation under the Indonesian Civil Code, Law Number 8 of 1999 concerning Consumer Protection, and Law Number 1 of 2011 concerning Housing and Settlement Areas. Strengthening developers' compliance with contractual obligations and enhancing government supervision are essential to ensure legal certainty and consumer protection in housing transactions.
Analisis Yuridis terhadap Sita Pidana dan Sita Umum pada Aset Koperasi Simpan Pinjam Sejahtera Bersama
The asset seizure involving the Sejahtera Bersama Savings and Loan Cooperative brings into conflict the requirements of criminal evidentiary proceedings and the interests of members and creditors in recovering unpaid funds. This study analyzes the legal standing of criminal seizures versus general seizures, the legal consequences when both target the same assets, and resolution mechanisms that preserve asset value and the rights of interested parties. Employing a normative legal research method, the study utilizes statutory, conceptual, and analytical approaches to examine regulations, scholarly articles, institutional documents, and verifiable news reports. The case study is based on publicly available facts regarding the default, the implementation of the homologation agreement, criminal proceedings against management, and asset seizures, without relying on unavailable court judgment copies. The findings indicate that priority cannot be determined solely by the timing of the seizure or a dichotomy between public and private interests. Criminal seizures must be constrained by the asset's connection to the criminal offense, evidentiary needs, the value of the loss, and third-party protections, whereas general seizures operate collectively once bankruptcy criteria are met. The study proposes a functional priority approach involving integrated inventory, verification of ownership and the origin of funds, periodic evaluation of seizure necessity, and reconciliation of recovery proceeds. Such a mechanism can prevent indefinite asset control while simultaneously preserving a source of repayment for members and creditors.
Keadilan Kewarisan Beda Agama: Integrasi Maqāṣid Al-Sharī‘Ah dan Hukum Positif Indonesia
Cross-religious inheritance remains a contested legal issue in Indonesia because it involves the tension between classical Islamic inheritance doctrine, which generally prohibits inheritance between individuals of different religions, and the demand for substantive justice in a pluralistic society. The development of judicial practice through the application of wasiat wajibah (mandatory bequest) reflects an effort to harmonize Islamic law with Indonesian positive law while maintaining the fundamental principles of Sharīʿah. This study aims to examine cross-religious inheritance from the perspective of Islamic law and analyze the formulation of Indonesian positive law in achieving justice through the wasiat wajibah mechanism based on the maqāṣid al-sharīʿah approach. This study employs normative legal research using statutory, conceptual, case, and comparative approaches. Legal materials consist of primary sources, including legislation, the Compilation of Islamic Law, and Supreme Court decisions, as well as secondary sources from books, scholarly journals, and relevant literature. The materials were analyzed qualitatively using descriptive-analytical methods. The findings indicate that although the prohibition of cross-religious inheritance retains normative legitimacy in Islamic jurisprudence, wasiat wajibah represents a form of legal ijtihād that balances Islamic legal principles with substantive justice. From the perspective of maqāṣid al-sharīʿah, this mechanism can protect religion, property, and family relationships. Therefore, stronger legal regulation is needed to ensure consistent legal certainty and equitable protection in Indonesia's pluralistic society.
Nikah Panikahkon pada Masyarakat Padang Lawas Utara di Tinjau dari Kompilasi Hukum Islam
Marriage in Islam is a sacred bond based on the mutual consent of both prospective spouses in order to establish a family characterized by sakinah, mawaddah, and rahmah. However, in customary societies, forced marriage practices are still found, one of which is the panikahkon tradition in Padang Lawas UtaraRegency. This custom is applied as a social sanction against couples considered to have violated customary norms, particularly in cases of seclusion (khalwat) and adultery, by obligating them to marry. This study aims to analyze the factors underlying the persistence of the panikahkon practice, examine the perspective of the Compilation of Islamic Law toward this tradition, and identify its social, legal, and moral impacts on the Padang Lawas Utara Utaracommunity. This research employs an empirical juridical method with a qualitative descriptive approach. Data were collected through observation, interviews with customary leaders, religious leaders, community members, and documentation related to the panikahkon practice. The analysis was conducted by examining the conformity between the existing customary practice and the provisions contained in the Compilation of Islamic Law as well as Indonesian positive law. The results of the study indicate that the panikahkon practice continues to be maintained due to the strong influence of customary culture, efforts to preserve family honor, limited public understanding of the law, and the belief that marriage is a form of moral responsibility for the violations committed. From the perspective of the Compilation of Islamic Law, the panikahkon practice contradicts the fundamental principles of marriage because it is not fully based on the consent of both prospective spouses as stipulated in Articles 16 and 17 of the Compilation of Islamic Law. Furthermore, forced marriage practices have the potential to create negative impacts, including disharmony in the household, social conflict, psychological pressure, and violations of individual rights. Therefore, harmonization between customary law and Islamic law is necessary so that customary values can be preserved without neglecting the principles of justice, public welfare, and the rights of the prospective spouses in marriage.
Pengaturan Pembayaran Jaminan Hari Tua Berbasis Keadilan di Indonesia
One of the objectives of establishing the Unitary State of the Republic of Indonesia as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia is to improve the welfare of the people. This welfare must be enjoyed in a sustainable, fair, and equitable manner that reaches the entire population. Every citizen has the right to social security that enables their full development as a dignified human being; this right is guaranteed by the 1945 Constitution of the Republic of Indonesia, specifically under Article 28H paragraph (3) and Article 34 paragraph (2). Social security is also guaranteed by the 1948 United Nations Declaration of Human Rights and affirmed by International Labour Organization (ILO) Convention No. 102 of 1952, which urges all nations to provide minimum protection for every worker. The national social security system is essentially a state program aimed at providing guaranteed protection and social welfare for all Indonesian people. Through this program, every resident is expected to be able to meet their basic living needs should events occur that result in a loss or reduction of income such as illness, accidents, job loss, reaching old age, or retirement. The government implements social security through several programs, one of which is the Old-Age Security Program (Jaminan Hari Tua). Old-age security consists of a cash benefit paid as a lump sum when a participant retires, passes away, or suffers total permanent disability. The Old-Age Security Program is designed to provide protection when an individual enters old age or retirement and no longer has an income; hence, it is termed "old-age security".
Article 47 of the Constitutional Court Law stipulates that a Constitutional Court decision has permanent legal force upon its pronouncement in a plenary session open to the public. This assertion raises the question of why legal remedies are not possible to correct a Constitutional Court decision, should an error occur. To achieve legal certainty, will the erroneous decision be enforceable indefinitely? The research question is: What is the rationale underlying the granting of permanent legal force to a Constitutional Court decision upon its pronouncement in a plenary session open to the public? This research employs normative legal research, employing statutory, conceptual, historical, and comparative approaches. The legal materials used are primary, secondary, and tertiary legal materials. The legal materials were collected through document study. The legal materials were analyzed using descriptive and analytical techniques. The results of the study show that, the rationale underlying the granting of the permanent legal force of the Constitutional Court's decision since after it has been pronounced in a public plenary session is because the case submitted to the Constitutional Court is a case related to state administration so that it requires a quick decision and is bound by time limits so as not to disrupt the continuity of other state administration agendas. The possibility of a judicial review of the Constitutional Court's decision, viewed from a normative perspective, is not possible because Article 47 of the Constitutional Court Law states that the Constitutional Court's decision is permanent since it is pronounced in a public plenary session, and is further emphasized in the explanation of Article 10 number (1) that it is permanent, meaning that no legal action can be taken. furthermore in the Regulation of the Constitutional Court of the Republic of Indonesia Number 06/PMK/2005 concerning Guidelines for Proceedings in Cases of Judicial Review. There is no term for judicial review.
Trading Halt sebagai Instrumen Stabilisasi Pasar Modal Indonesia dalam Perspektif Kepastian Hukum dan Perlindungan Investor
This study aims to analyze the legal regulation of the implementation of trading halt as a stability mechanism in the Indonesian capital market system, examine its implementation from the perspective of legal certainty and investor protection, and formulate an ideal regulatory framework to achieve capital market stability and legal protection for investors. This research employs a normative legal research method using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources analyzed qualitatively. The results indicate that the implementation of trading halt has a legal basis through the Capital Market Law and regulations of the Indonesia Stock Exchange as an instrument for controlling market volatility. However, its regulation still faces issues related to legal certainty, flexibility of trading suspension parameters, and protection of investor rights. Therefore, a more comprehensive, transparent, proportional, and accountable regulatory formulation is needed so that the implementation of trading halt can maintain capital market stability while providing optimal legal protection for investors in Indonesia.
Representational Completeness: A Legal Test for Performance Information Instruments, Applied to Police Records in Indonesia
Article 19A(1) of Undang-Undang Nomor 5 Tahun 2026 makes police performance accountability a statutory duty, requiring professionalism, proportionality, transparency, and accountability. Although this duty is implemented through reporting instruments, no legal standard defines when such instruments are insufficient. This article addresses that gap by constructing a doctrinal benchmark. Three criteria of representational completeness—functional, temporal, and structural—are derived from the duty of due care in Article 10(1)(d) of Undang-Undang Nomor 30 Tahun 2014, three components of Peraturan Presiden Nomor 29 Tahun 2014, and three administrative court rulings restated as duties of office. Each criterion is operationalized through an indicator observable directly from the reporting instrument. The framework is tested doctrinally and empirically using crime and clearance records from one district police command and two subordinate sector commands in South Sumatra (2022–2025), supported by eight service-chain interviews. The assessment targets the reporting instrument rather than organizational performance. All three indicators reveal deficiencies: no field links crime records with the preventive-work reporting regime; 139 offences recorded over ten months are presented as annual figures without distinguishing absent events from absent entries; and subordinate totals exceed superordinate totals (51 versus 43; 10 versus 3) without any statement of reporting scope. As these deficiencies arise from the reporting artefact itself, additional personnel or funding cannot resolve them. The appropriate remedy is regulatory anchoring de lege lata, and the criteria are transferable to any public agency reporting through aggregate data.
Analisis Pertanggungjawaban Pidana Pemberian Keterangan Palsu di Persidangan Studi Putusan Pengadilan Negeri Bale Bandung Nomor 687/Pid.B/2023/PN.Blb
The decision of the Bale Bandung District Court Number 687/Pid.B/2023/PN.Blb regarding the allegation of giving false information is not only related to the assessment of evidence, but also concerns the authority of the judge and the mechanism of law enforcement against the criminal act. This research aims to analyze the legal mechanism and the authority of judges in responding to allegations of giving false information at trial, the mechanism of investigation and investigation, as well as the application of elements of criminal acts and criminal responsibility based on Article 242 of the Criminal Code and Article 291 of Law Number 1 of 2023 concerning the Criminal Code. The research method used is normative juridical with a legislative, conceptual, and case approach, with the object of research in the form of the verdict. The results of the study show that the judge is authorized to assess the testimony of witnesses based on the entire evidence and facts of the trial and can take legal steps if there is an allegation of false information in accordance with the provisions of the criminal procedure law. The alleged criminal act can also be the object of investigation and investigation according to the applicable legal mechanism. However, the difference in the information in the case being examined does not necessarily prove the existence of the crime of false information. Criminal liability can only be charged if all elements of the criminal act are legally and convincingly proven.