This article critically repositions the precautionary principle and due diligence obligations as foundational norms in the international law of the sea that should have been operationalized in Government Regulation No. 26 of 2023, enacted as an implementing instrument of Article 56 of Law No. 32 of 2014 on Maritime Affairs. It interrogates the regulation’s underlying that whether the Government Regulation No. 26 of 2023 can be normatively harmonized with UNCLOS to ensure compliance with the precautionary principle and due diligence obligations in regulating coastal and marine spaces? In light of the legal policy of it, which reflects a utilitarian–economic rationality that legitimizes marine sediment exploitation through administrative licensing, this study argues against this such approach, primarily such regulatory logic departs from the normative architecture of UNCLOS 1982, which embeds precaution and environmental stewardship as core constraints on the exercise of sovereign rights over maritime areas. The analysis demonstrates that Government Regulation No. 26 of 2023 represents a substantive normative shift, distancing Indonesia’s coastal governance framework from both its domestic maritime legislation and its international legal commitments. This article advances the argument that a structural realignment of the regulation’s substantive content is imperative to reintegrate precaution and due diligence as binding regulatory standards. Normative harmonization is thus essential to prevent systemic incoherence between national regulatory practice and the international law of the sea.
This study examines criminal law policies in protecting and recovering victims of Online Gender-Based Violence (OGBV) within the Indonesian criminal justice system from a victimology perspective. Although several legal instruments, such as Law Number 12 of 2022 concerning Sexual Violence Crimes and Law Number 19 of 2016 concerning Electronic Information and Transactions, provide a normative basis for addressing OGBV, their implementation has not yet ensured effective protection and recovery for victims. This research employs normative legal research using statutory, conceptual, and comparative approaches to evaluate existing legal frameworks and assess their effectiveness in preventing secondary victimization. The findings reveal that the Indonesian criminal justice system remains predominantly offender-oriented, resulting in limited access to victim recovery services, weak institutional coordination, and the absence of an effective compensation mechanism. These structural weaknesses contribute to the persistence of secondary victimization experienced by OGBV victims. Based on these findings, this study proposes a victim-centered criminal law policy model that integrates victim recovery mechanisms, compensation schemes, capacity building for law enforcement officers, and stronger collaboration with digital platforms in handling OGBV cases. The study contributes to the development of criminal law policy by offering a victimology-based framework for the protection and recovery of OGBV victims, which may serve as an academic reference for strengthening victim-oriented approaches within Indonesia’s cybercrime and gender-based violence policies.
This study analyzes the implementation of chemical castration as an additional punishment for child sexual abuse offenders in Indonesia (Law No. 17 of 2016) and its alignment with legal principles, utilitarian ethics, and medical ethics. Although intended as a deterrent and a means to prevent recidivism, empirical data indicate that sexual abuse rates have increased, and courts tend to avoid its application due to concerns over disproportionality and reduced rehabilitative potential. A normative-descriptive approach was employed, based on a literature review of laws and regulations, court decisions, academic journals, and related literature. Findings reveal that chemical castration imposes punishments disproportionate to the severity of the offense, fails to significantly reduce recidivism, and creates socio-economic burdens due to long-term side effects. Additionally, its implementation raises ethical conflicts for medical professionals, as the obligation to carry out court orders conflicts with the principles of non-maleficence and professional autonomy. The study concludes that chemical castration as an additional punishment is ineffective and introduces complex legal, social, and ethical challenges. Policy reevaluation, alternative restorative and rehabilitative measures, and harmonization between criminal law and medical ethics are recommended.
Professional waqf is one type of waqf that has the potential to become a means of improving the welfare of society in Indonesia. The development of digitalization essentially presents opportunities to optimize the implementation of professional waqf in Indonesia. This research aims to analyze the penta helix strategy and legal pluralism in optimizing digital-based professional waqf in Indonesia. This research is normative legal research with the aim of conducting reform-oriented research related to the legal policy of professional waqf in Indonesia. Legal materials were collected, including laws and regulations and other research findings, which were then prescriptively analyzed. The research findings confirm that one of the obstacles to implementing professional waqf in Indonesia is the lack of specific regulations regarding professional waqf, which leads to legal uncertainty in its implementation. Through the legal pluralism approach, the regulation of professional waqf will be more optimal and synergistic with Islamic law and state law. Optimizing professional waqf requires a pentahelix approach involving the community, universities, business actors, government, and the media thru a transparent and participatory digitalization process. Digitalization implemented with a penta helix-based approach and accommodating legal pluralism is expected to increase community participation and contribution to the implementation of professional waqf in Indonesia. The academic contribution of this research lies in the use of the penta helix approach and legal pluralism, where professional waqf not only requires a legal framework in the form of regulations but also needs the penta helix approach and legal pluralism to optimize professional waqf in Indonesia.
Political corruption at the regional level has evolved from conventional bribery schemes to complex manipulation of corporate structures. This study analyzes the phenomenon of the Pekalongan Regent's Catch-and-Arrest Operation (OTT) to reveal how personalistic power facilitates the creation of shadow owners in regional strategic projects. Using a juridical-normative method with a case study and conceptual approach, this study dissects the abuse of formal authority through the practice of trading in influence. The research findings show: (1) Personalistic Power enables control of the procurement ecosystem through informal instructions that are impermeable to administrative traces; (2) Trading in Influence becomes an instrument for entrepreneurs to access projects, where the flow of benefits is channeled through family or staff nominees to break the chain of proof to public officials; (3) Obstacles to asset tracking arise due to the failure of digital systems to detect unusual financial profiles at the nominee layer. This study concludes that current beneficial ownership regulations are still a formality without legal teeth. Therefore, it is recommended that legal reconstruction be carried out through the independent criminalization of influence peddling in accordance with Article 18 of the UNCAC and the acceleration of the ratification of the Non-Conviction Based Asset Forfeiture instrument to tear down the veil of corporate secrecy that conceals illegal wealth.
