JOURNAL ARCHIVE
2026-06-27
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Journal Customary Law
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pp. 1–9
Sunardi, Tina Amelia
This study aims to analyze and reformulate the legal criteria for mandatory rehabilitation for drug abusers in the Indonesian criminal justice system, which currently lacks clear and operational parameters. The method used is normative legal research, with a legislative and conceptual approach, based on a review of Law Number 35 of 2009 concerning Narcotics, its implementing regulations, and the principles of criminal law and human rights. The results indicate that although mandatory rehabilitation norms have been established, their implementation still faces various problems, including the dominance of official discretion, disparity in sentencing, the use of possession articles against users, and the weakness of integrated assessments as stipulated in the 2014 Joint Regulation of 7 Institutions concerning the Management of Narcotics Addicts. The absence of clear legal criteria creates legal uncertainty and substantive injustice, contradicting the principles of the 1945 Constitution of the Republic of Indonesia. Therefore, this study proposes reformulating the legal criteria for mandatory rehabilitation based on objective parameters, strengthening integrated assessments, and integrating institutions within a double-track system framework to create a fairer, more certain, and recovery-oriented criminal justice system.
JOURNAL ARCHIVE
2026-06-27
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Journal Customary Law
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pp. 1–14
Tety Andriani, Tina Amelia
Marriage registration in Indonesia is not merely an administrative requirement, but a legal mechanism intended to secure certainty and protect the rights of those within a marital relationship, particularly women and children. In practice, however, this framework is not always observed, as instances of unauthorized polygamy continue to occur, often accompanied by the falsification of marital status in order to bypass legal requirements. This article examines how such conduct is constructed and qualified within Indonesian law, with specific reference to Article 391 of Law No. 1 of 2023 on the Criminal Code. Using a normative juridical approach based on statutory and conceptual analysis, the study draws upon relevant legislation and legal doctrine to assess the issue. It finds that falsification of data in marriage registration cannot be viewed solely as an administrative or civil irregularity, but rather as conduct that may satisfy the elements of a criminal offence. While the Marriage Law places strict limitations on polygamy, these safeguards are frequently circumvented through false declarations or concealment of prior marital status. In this respect, Article 391 provides a more adaptive legal basis than earlier provisions, as it accommodates developments such as electronic documentation and introduces alternative sanctions in the form of fines. The implications of such practices are far-reaching, affecting not only the legal position of spouses and children but also the reliability of the population administration system. For this reason, addressing unauthorized polygamy requires more than civil remedies alone; it calls for a combination of administrative reform, improved data verification, greater legal awareness, and consistent application of criminal law to ensure that the underlying conduct is properly addressed.
JOURNAL ARCHIVE
2026-06-27
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Journal Customary Law
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pp. 1–9
Andrian Danul Firmansyah, Tina Amelia
The digital transformation of commerce through electronic system (e-commecer) has fundamentally shifted the paradigm of contract law from physical interaction-based agreements to technology-driven transactions. Although electronic contracts have gained legal recognition, their practical implementation continues to face fundamental challenge, particulary in ensuring legal certainty, identity verivication, legal capacity, and the validity of consent, which is often reduce to a mere “click to agree“ formality. These conditions reveal a structural gap between classical contract law principles and the realities of digital transactions. This study aims to critically examine the validity of electronic contracts under indonesian law and to reconstruct the role of notaries in ensuring legal certainty within digital transactions. The research employs a normative juridicial method combined with statutory, conceptual, and comparative approaches, analyzing legal frameworks in the Eropean Union, the United States, and Singapore. The finding indicate that te primary weakness lies in the absence of robust identity authentication mechanisms and the lack of reliable authority to verify the legal capacity of contracting parties. Therefore, this study proposes the Notary-Bases digital Authentication model (NDAM) as a alegal reconstruction framework that positions notaries as digital trust authorites. The model integrates digital identity verification, legal capacity assessment, contract authentication, and electronic signature validation within a unifies system.the main contribution of this research lies in the development of a normative model that bridges the structural gap between classical contract law and the digital ecosystem, thereby enhacing legal certainty and trust in electronic transactions.
JOURNAL ARCHIVE
2026-06-09
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Journal Customary Law
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pp. 1–12
Hendri Pangestu, Tina Amelia
Hospital criminalization in medical malpractice cases is an increasingly relevant legal issue as hospitals transform from social institutions into socio-economic entities in the modern healthcare industry. The constitutional right to health requires the state to ensure the provision of safe, high-quality, and equitable healthcare services. However, law enforcement practices are still dominated by an individual accountability approach that leads to the criminalization of healthcare workers and ignores the role of hospital policies and service systems. This situation creates an imbalance of justice for both patients and healthcare workers and fails to encourage institutional improvement. This study aims to analyze the normative regulation of hospital criminalization as a corporation, identify the problems of its implementation, and formulate an ideal concept of criminalization that aligns with substantive justice and the social function of hospitals. The method employed is normative legal research with a statutory and conceptual approach, through a study of health law, criminal law, and the doctrine of corporate criminal liability. The results show that the regulation of hospital criminalization still contains unclear parameters of institutional error and does not fully accommodate a systemic approach. Hospital criminalization should be positioned as a corrective instrument that encourages improved governance, a culture of patient safety, and ethical healthcare practices. This allows criminal law to play a role in safeguarding the humanitarian and social function of hospitals as part of the noble healthcare industry.