Journal of Legal and Cultural Analytics

The Effectiveness of Diversion in the Resolution of Cases Involving Children in Conflict with the Law (ABH): An Analysis of Implementation, Juridical Constraints, and the Impact on Restorative Justice

2026-04-10T07:39:02+00:00

Children in Conflict with the Law (ABH) require special protection in the criminal justice system. One form of such protection is Diversion, which is the resolution of children's cases outside of formal justice based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This study aims to analyze the effectiveness of Diversion implementation, the obstacles encountered, and efforts to improve its implementation. The research method used is normative-empirical with a descriptive-analytical nature, through legislative, conceptual, case, and sociological-juridical approaches. Data were obtained from literature studies, interviews, and documentation, then analyzed qualitatively. The results of the study indicate that Diversion is quite effective in resolving minor cases of children because it is able to prevent children from the stigma of justice, restore the relationship between the perpetrator and the victim, and support the best interests of the child. However, its implementation still faces legal and sociological obstacles, such as regulatory restrictions, differences in understanding of the authorities, and lack of support from victims and families. Therefore, it is necessary to strengthen the capacity of the authorities and support the social environment so that Diversion runs more optimally.

The Existence of the Highest State Institutions and the Executive and Legislative Powers in the Context of Governance

2026-05-23T14:00:07+00:00

This study aims to analyze the existence of the highest state institutions and high state institutions in the context of governance in Indonesia. This study uses a literature review method by analyzing journal articles relevant to the research topic. The results indicate that the highest state institutions and high state institutions have played a significant role in Indonesian political history, but also have weaknesses and shortcomings. The change in the status of the People's Consultative Assembly (MPR) from the highest state institution to a legislative body equal to the House of Representatives (DPR) has created uncertainty regarding its role and function. This study recommends the need for improvements and capacity building of legislative institutions to enhance the quality of democracy and governance.

Paradox between Supreme Court Decisions and Regulation

2026-05-15T04:06:07+00:00

Mortgage execution auctions constitute a cornerstone of Indonesia’s banking credit security system, yet judicial practice reveals a structure paradox between regulations protecting bona fide purchasers and supreme Court decisions that nullify lawfully conducted auctions. This study aimed to analyse the normative legal protection framework, identify the factors underlying the paradox, and formulate a regulatory reconstruction. This study using prescriptive analytical normative legal research with statute, case and conceptual approaches, it examines Supreme Court ruling between 2018 to 2025 through theories of legal certainty, protections and rechtsvinding. The findings expose four interlocking causes of the paradox and recommend elevating auctions finality to statutory ranks, issuing a substantive PERMA, and integrating inter-institutional single system and enforcing judicial restraint to secure consistency between legal norms and judicial practice.

Juridical Issues and the Application of Criminal Law Principles in Content-Related Offenses under the Electronic Information and Transactions Law

2026-04-14T10:41:34+00:00

The Electronic Information and Transactions Law (ITE Law) is the primary legal framework in Indonesia, regulating various acts in the digital space as non-conventional crimes. This study aims to analyze the effectiveness and challenges of cybercrime law enforcement, with a particular focus on content crimes. Using a juridical-normative research method, this study examines the implementation of the principle of criminal responsibility and the validity of electronic evidence in judicial practice. The results indicate that while the ITE Law is quite effective in addressing technical crimes such as hacking, its effectiveness in combating content crimes remains limited due to the problem of "rubber articles" that are open to multiple interpretations, sanctions with a low deterrent effect, marked by a recidivism rate above 40%, and limited technical capacity of law enforcement officers. Therefore, reformulation and harmonization of regulations with the Criminal Code and the Personal Data Protection Law (PDP) are needed to create adaptive, equitable law enforcement that still guarantees freedom of expression in cyberspace

The Procedure for Implementing Diversion in the Juvenile Criminal Justice System in Cases Involving Offenses under Emergency Law: A Critical Study on the Application of Restorative Justice Principles

2026-04-10T07:50:19+00:00

This study discusses the application of Diversion for Children in Conflict with the Law (ABH) in criminal cases based on the Emergency Law, especially when the criminal threat exceeds the limit of 7 (seven) years as stipulated in Article 7 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law). The focus of this study is to analyze the interpretation and legal discretion of law enforcement officers, the implementation model of Diversion that remains oriented towards restorative justice, and the obstacles faced in practice. The research method used is normative-empirical with a statutory, conceptual, case, and sociological-juridical approach. Data were obtained through literature studies, interviews, and documentation, then analyzed qualitatively. The results of the study indicate that normatively, cases in the Emergency Law generally do not meet the formal requirements for Diversion because the criminal threat is above 7 years. However, the spirit of child protection and restorative justice can still be pursued through a humanistic, educational, and rehabilitative approach. The main obstacles include legal, structural, and sociological aspects. Therefore, clearer technical guidelines, increased capacity of law enforcement officers, and strengthened roles of families and support institutions are needed to ensure that the handling of children's cases continues to ensure the best interests of the child.

Legal Protection for Underage E-Sports Athletes in Employment Contracts within the E-Sports Industry under Labor Law

2026-05-23T16:48:00+00:00

The rapid development of the e-sport industry in Indonesia has given rise to a new phenomenon involving underage athletes in contractual relationships with professional e-sport organizations. This study examines the legal protection afforded to underage e-sport athletes under Law Number 13 of 2003 concerning Manpower as amended by Law Number 11 of 2020 concerning Job Creation, while also analyzing the legal consequences arising from the placement of underage athletes within e-sport organizations, particularly the provisions of Articles 68–74 which prohibit the employment of children in heavy, hazardous, or work exceeding the minimum age limit. This research employs a normative juridical method with statutory and conceptual approaches, supported by library research encompassing primary, secondary, and tertiary legal materials. The findings reveal significant normative gaps in Indonesian labor regulations, wherein existing provisions have not comprehensively accommodated the distinctive characteristics of the e-sport industry as a digital economic sector. Employment contracts applied within the e-sport industry frequently fail to satisfy the legal capacity requirements prescribed under civil law and have not adequately guaranteed the fundamental rights of child athletes, including limitations on working hours, the right to education, and social security entitlements. This study recommends the establishment of specific regulations that are responsive to the dynamics of the e-sport industry in order to achieve legal certainty and comprehensive protection for child athletes as vulnerable legal subjects.

Green Extractivism and the Crisis of Spatial Justice: Indigenous Land Conflict within the Morowali Nickel Industrial Corridor

2026-05-19T08:24:21+00:00

The global energy transition has increased demand for transition minerals, particularly nickel, as a strategic component in electric vehicle battery production and low-carbon energy systems. Indonesia has positioned itself as a global nickel hub through downstream industrialization policies and the development of the Indonesia Morowali Industrial Park (IMIP). However, the rapid expansion of the nickel industry in Morowali has also triggered environmental degradation, agrarian conflict, and indigenous land dispossession. This study aims to analyze the relationship between green extractivism, spatial planning, agrarian conflict, and indigenous land rights within the Morowali nickel industrial corridor. The research employs a socio-legal approach with a political ecology perspective using qualitative analysis. Data were collected from spatial planning documents, mining regulations, scientific journals, media reports, and publicly available interviews involving indigenous communities, academics, and government institutions. The findings indicate that nickel industrial expansion has produced spatial injustice through land-use change, mining concession expansion, and industrial zoning that marginalize indigenous communities and local living spaces. Spatial planning instruments function not as neutral governance tools but as mechanisms legitimizing green extractivism and land dispossession. This study contributes to spatial planning law by integrating environmental justice, political ecology, and socio-legal studies in understanding the spatial crisis within Indonesia’s transition mineral industry.

Legal Analysis of the Acquittal Verdict in the Amsal Sitepu Case: Implications for Legal Remedies within the Criminal Justice System

2026-04-14T11:08:02+00:00

This study examines the status of the finality of acquittals (vrijspraak) after the enactment of Law Number 20 of 2025 concerning the Criminal Procedure Code, with a case study of the case of Defendant Amsal Christy Sitepu. Using normative legal research methods, the results of the study indicate that this new regulation absolutely closes the space for filing an appeal against the acquittal through Article 299 paragraph (2) letter a. Regarding the ambiguity of the appeal legal remedy, a systematic interpretation of Article 244 in conjunction with Article 299 confirms that the acquittal is designed to be effective and final immediately after it is pronounced. The decision in the a quo case confirms the essence of the court as a bastion of human rights protection, guarantees legal certainty, and prevents the practice of over-criminalization from prosecutions with weak evidence. In conclusion, the transition to the 2025 Criminal Procedure Code represents a paradigm shift in the national criminal justice system towards a model centered on the protection of rights (due process-oriented).

The Effectiveness of Rehabilitation as an Alternative to Punishment in Narcotics Cases: An Analysis of Legal Compliance and the Criminological Impact on Users

2026-04-10T07:56:51+00:00

The narcotics problem in Indonesia remains a serious issue that impacts not only legal aspects, but also health, social, and national security. This study aims to analyze the effectiveness of rehabilitation as an alternative to criminal punishment for drug abusers, specifically in terms of compliance with the implementation of Article 103 and Article 127 of Law Number 35 of 2009 concerning Narcotics, the success rate of rehabilitation in reducing recidivism, and various obstacles that hinder its implementation. This study uses a normative-empirical legal method with a legislative, conceptual, case, and criminological approach. The results show that rehabilitation is basically more effective than imprisonment because it is oriented towards restoring the biological, psychological, and social conditions of drug abusers. However, its implementation is still not optimal due to inconsistent application by judges and the Integrated Assessment Team (TAT), limited rehabilitation facilities, and the strong social stigma against drug addicts. From a criminological perspective, the rehabilitative approach is considered more capable of reducing the risk of recidivism than conventional punishment. Thus, rehabilitation needs to be strengthened as the mainstay of handling drug abusers by increasing compliance of law enforcement officers, strengthening rehabilitation institutions, and changing the societal paradigm to be more oriented towards recovery rather than punishment