Supremasi Hukum : Jurnal Penelitian Hukum

Harmonization Of The Phrase “Minor Nature Of The Act” With The Principle Of Legality In The Implementation Of Rechterlijk Pardon In Indonesia

Fahrulian Gandi, Nashriana, Hamonangan Albariansyah — Wed, 19 Nov 2025 00:00:00 +0000

The phrase “minor nature of the act” in the concept of rechterlijk pardon as regulated in Law No. 1 of 2023 has not yet been accompanied by interpretative guidelines. This situation may result in biased interpretations, leading to legal uncertainty and inconsistency in future law enforcement. This study examines the ideal regulation of the phrase “minor nature of the act” in rechterlijk pardon to ensure harmony with the principle of legality. The research employs normative legal methods, utilizing statutory, conceptual, case, and comparative approaches. The findings indicate that the phrase “minor nature of the act” should be limited to specific criminal offenses eligible for pardon, as exemplified in Portugal, in order to prevent multiple interpretations that could result in discrimination in law enforcement.

Comparative Law Between Indonesia And Malaysia In The Resolution Of Cyberbullying Crimes

Afifah Nur Rahmawati, Aditya Wiguna Sanjaya — Wed, 19 Nov 2025 00:00:00 +0000

The development of information technology has given rise to various forms of cybercrime, one of which is cyberbullying, which is increasingly prevalent in society. The main problem of this research is how the legal regulations between Indonesia and Malaysia differ in resolving cyberbullying crimes. The purpose of this study is to analyze the similarities, differences, and effectiveness of the legal systems of both countries in providing legal protection to victims. The research method used is a normative-comparative approach by examining the laws and regulations in force in Indonesia, such as the Criminal Code and the Electronic Information and Transactions Law (UU ITE), as well as laws in Malaysia through the Communications and Multimedia Act 1998 and the Personal Data Protection Act. Supporting data is taken from reports of cyberbullying cases in Indonesia and Malaysia in 2024–2025. The results show that Indonesia has a broader legal scope with severe criminal penalties, but its weaknesses lie in the formulation of articles that are open to multiple interpretations and ineffective implementation. In contrast, Malaysia has more specific regulations with practical reporting mechanisms and strong personal data protection, although the criminal sanctions are relatively light. Thus, it can be concluded that Indonesia has a normative advantage, while Malaysia has a practical advantage in addressing cyberbullying.

Divorce Due to Online Gambling in Indonesian Religious Courts: Legal Certainty and Women’s Protection in Islamic and Positive Law

Fakhriyah Annisa Afroo, Wevy Efticha Sary — Wed, 19 Nov 2025 00:00:00 +0000

The rise of online gambling in Indonesia has created serious family and legal problems. When husbands become addicted, financial neglect, debt accumulation, and domestic conflict often lead to divorce, leaving women as the most affected group. This study analyzes legal certainty and women’s protection in divorce cases caused by online gambling from both Islamic and positive law perspectives. Using a normative juridical method with statutory, conceptual, and case approaches, the research examines relevant laws and Religious Court decisions in Bengkulu. The results show that legal certainty is guaranteed through consistent court procedures and statutory frameworks such as the Marriage Law, Government Regulation No. 9 of 1975, the Compilation of Islamic Law, and the ITE Law, which classify gambling as a legitimate ground for divorce. Women’s protection is realized through iddah maintenance, mut’ah, custody rights, and division of joint property. This study’s novelty lies in integrating Islamic and national law analyses to reveal how legal certainty principles are operationalized in court practice to ensure substantive justice for women affected by online gambling–related divorces.

Reformulation Of The Policy On The Placement Of Reclamation And Post-Mining Guarantee Funds Based On The Polluter Pays Principle

A.M Adzkiya' Amiruddin — Tue, 16 Dec 2025 00:00:00 +0000

This study aims to describe and analyze the placement of reclamation and post-mining guarantee funds in mining activities. These funds serve as an economic instrument that compels license holders to carry out post-mining recovery. However, compliance among license holders in placing reclamation and post-mining guarantee funds remains problematic. In addition, this research seeks to analyze the reformulation of policies regarding the placement of reclamation and/or post-mining guarantee funds as an environmental economic instrument. The research method employed is normative juridical research with a descriptive analysis model. The findings show that after licenses are issued, many license holders fail to fulfill their obligation to place guarantee funds, resulting in disrupted environmental recovery activities. Under the prevailing regulations, the obligation to place reclamation and post-mining guarantee funds is imposed on IUP/IUPK holders after obtaining a license. With such a regulatory model, many IUP/IUPK holders neglect and fail to deposit the required funds. The current concept of placing reclamation and post-mining guarantee funds, which requires submission after license is issued by government, has led to non-compliance by license holders. Therefore, the concept of guarantee fund placement must be reformulated.

Autocratic Influencelegalism On The Institution Of Democracy And The Consolidation Of Civil Society In Indonesia

Fadli Ramadhanil, Beni Kurnia Ilahi — Tue, 16 Dec 2025 00:00:00 +0000

Levitsky and Ziblatt emphasize that threats to democracy often occur gradually through mechanisms that are legal but fundamentally weaken the system. This phenomenon is called autocratic legalism: the use of law to legitimize undemocratic actions. This phenomenon highlights how policies that appear legitimate can be abused to perpetuate power or reduce public participation space. Once all constitutional constraints have been loosened, those in power can easily use legal instruments so that their actions appear legal. In reality, this phenomenon—mutatis mutandis—weakens the consolidation of civil society in the institutionalization of democracy and even pushes it toward authoritarianism. This is exactly the condition currently occurring in legislative practice in Indonesia. Laws are made solely to fulfill the needs and desires of a small group of political elites. Examples include revisions to the KPK Law (Anti-Corruption Commission) and the State-Owned Enterprises (BUMN) Law, and the enactment of the new Capital City (IKN) Law—all of which demonstrate the high intensity of autocratic legalism in Indonesia's legislative process. At the same time, legislative products that represent the aspirations of many people remain unfinished, such as the Bill on Indigenous Peoples, the Bill on Asset Forfeiture (related to corruption proceeds), and the Bill on the Protection of Domestic Workers. The problems to be answered in this research consist of two main issues: (1) What is the impact of autocratic legalism on the institutionalization of democracy in Indonesia?, and (2) How does autocratic legalism influence the weakening of civil society consolidation in Indonesia? This research aims to analyze two things, First, why is the institutionalization of democracy difficult to achieve in a situation where autocratic legalism is strengthening, and civil society consolidation is weakening? Second, the impact of autocratic legalism on the weakening of civil society consolidation in Indonesia. This research employs a doctrinal legal method, a conceptual approach, and qualitative analysis. The research findings show that the practice of autocratic legalism, which exploits legal procedures to legitimize power, has made the institutionalization of democracy difficult to function, due to the unsystematic pattern of relations between the executive and legislative branches in law-making, and executive dominance in this practice has reduced the essence of democracy and weakened human rights guarantees through the blurring of checks and balances functions, the strengthening of power coalitions, as well as the criminalization of criticism and restrictions on media freedom. Therefore, the practice of autocratic legalism must be halted through limiting presidential authority, strengthening judicial independence, and increasing meaningful public participation in government oversight.