Arkus is a scientific journal that focused exploration of all aspect of sciences and socials. Arkus is a peer-reviewed journal in the field of multidisciplinary. This journal has been established since 2015, published by CMHC (Research & Sains Center) and HM Publisher. It publishes original research, review article, and book reviews and is designed as a place of dissemination of information and scientific knowledge to develop human wealth. Arkus has Print ISSN (pISSN): 2089-1393 and Electronic ISSN (eISSN): 2808-5035.
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Between Positivism and Substantive Justice: Predictors of Pancasila Value Actualization Among State-Judiciary Actors
The Indonesian Constitution anchors adjudication in Pancasila, mandating a balance between legal certainty, utility, and social justice, yet how state-judiciary actors actualize these ideological values in practice remains empirically underexplored, particularly in resource-rich regions beset by agrarian and socio-economic conflict. This study analyzed the predictors and contextual variation of Pancasila value actualization among judicial actors in a resource-rich province in Sumatra, Indonesia. A convergent parallel mixed-methods design combined a structured survey of 215 legal apparatus across three anonymized court jurisdictions (urban, coastal, agrarian) with interviews of 15 judges and 9 prosecutors and 45 purposively selected verdicts (2021-2025). Validated multi-item scales measured actualization, substantive justice orientation, legal positivism orientation, restorative justice practice, and institutional constraint; reliability was good to excellent (Cronbach's α 0.861-0.911). Overall actualization was constrained (mean 2.05 of 5). Multiple regression explained 53.0% of the variance (F(7,207) = 33.39, p < 0.001); substantive justice orientation was the strongest positive predictor (β = 0.467, 95% CI 0.356 to 0.577), followed by restorative justice practice (β = 0.240), whereas legal positivism (β = -0.205) and institutional constraint (β = -0.133) were negative. Actualization differed by court typology (F(2,212) = 12.91, p < 0.001, η² = 0.109), being highest in the agrarian court (Cohen's d = 0.75 versus urban). Institutional constraint partially mediated the justice-orientation pathway (Sobel z = 2.31, p = 0.021). Actualization is therefore a contextual, modellable negotiation rather than uniform application; embedding Pancasila-based progressive interpretation in judicial training and protecting judges from annulment-driven anxiety could strengthen substantive justice.
Determinants of Stakeholder Support for Restorative Ecological Justice in Post-Presidential Regulation 5/2025 Forest Repossession: A Mixed-Methods Study in Riau, Indonesia
The promulgation of Presidential Regulation No. 5 of 2025 (Perpres 5/2025) marks a decisive shift in Indonesia's forest governance, replacing the fiscal-amnesty logic of the Job Creation Law with the actualization of State Control Rights through repossession of illegally occupied forest areas and severe administrative fines. Yet the determinants of stakeholder support for resolving such disputes restoratively rather than punitively remain untested. This convergent parallel mixed-methods study examined a 5,420-hectare spatial overlap in an anonymized Limited Production Forest within a major oil-palm-producing province of Sumatra, Indonesia. A powered perception survey (n=240) measuring procedural justice, distributive justice, tenurial security, institutional trust, and corporate accountability as predictors of support for a Restorative Ecological Justice model was triangulated with 15 key-informant interviews and Geographic Information System spatial data. Scale reliability was good to excellent (Cronbach's α 0.857–0.932). Support differed sharply across groups (one-way ANOVA F(3,236)=26.343, p<0.001, η²=0.251), with corporate affiliates far lower than farmers, officials, and civil society (Cohen's d=1.83). Multiple regression explained 57.1% of variance (R²=0.571, F(5,234)=62.38, p<0.001); tenurial security (β=0.425) and distributive justice (β=0.370) were the strongest predictors, followed by corporate accountability (β=0.173) and procedural justice (β=0.167). The study concludes that durable forest-conflict resolution requires pairing corporate repossession with earmarked ecological restoration and the transition of repossessed land into social-forestry schemes for smallholders, operationalizing restorative ecological justice within Indonesia's new enforcement regime.
Beyond Administrative Compliance: Operationalizing the Spirituality Requirement for Notary Appointment under Indonesia's Notary Law
The appointment of notaries in Indonesia requires "devotion to the One Almighty God" (piety) under Article 3(b) of the Notary Law (UUJN), yet this transcendental prerequisite is frequently reduced to a bureaucratic formality of document submission. This study examined how the spirituality requirement is operationalized by state authorities and supervisory councils, and whether perceived operationalization predicts the ethical accountability of newly appointed notaries. A convergent mixed-methods socio-legal design was used in a Malay-Islamic customary province of western Indonesia, with specific locations masked as an urban cluster ("Kota Alpha") and a semi-urban cluster ("Kabupaten Beta"). The qualitative core comprised in-depth interviews with nine key informants analyzed by the Miles-Huberman-Saldana model; a complementary survey of 128 notaries and stakeholders (64 per cluster) used validated Likert scales (Cronbach's α 0.80-0.90). Administrative formalism was higher in the urban cluster (3.39 vs 2.85; d=1.10; p<0.001), whereas community moral control was markedly higher in the semi-urban cluster (3.47 vs 2.28; d=2.31; p<0.001), as was ethical accountability orientation (3.46 vs 2.78; d=1.16; p<0.001). In multiple regression (R²=0.434; F(5,122)=18.70; p<0.001), community moral control was the strongest predictor of accountability (β=0.505; 95% CI 0.253-0.610; p<0.001) and administrative formalism a negative predictor (β=-0.204; p=0.011), while region became non-significant once these were controlled, indicating the regional gap was channelled through living-law moral control. The findings reveal an "illusion of spiritual measurement" in which the state substitutes document-based compliance for substantive verification. Transforming transcendental spirituality into measurable professional-ethics indicators through community-based background checks is recommended.
The Illusion of Spirituality in Legal Professions: Administrative Reductionism and Notary Appointment Integrity in Indonesia
The Indonesian Law on Notarial Positions places devotion to God Almighty—the principle of spirituality—as the foremost prerequisite for notary appointment, yet rising notarial malpractice signals a disconnect between this transcendental mandate and substantive professional integrity. This convergent mixed-methods socio-legal study examined how regulatory authorities interpret and verify the spirituality requirement, and how stakeholder perceptions of that verification predict support for reform, within a province on the western seaboard of Indonesia governed by Islamic-Malay customary law. The qualitative strand comprised fifteen in-depth interviews and document analysis across three anonymized clusters; the quantitative strand surveyed 185 legal-profession stakeholders using five validated five-point scales (Cronbach’s α 0.81–0.89). Respondents rated administrative reductionism high (mean 4.06, 95% CI 3.97–4.15) and perceived verification adequacy low (mean 2.39, 95% CI 2.28–2.50). Multiple regression explained 60.5% of variance in support for the proposed Spiritual-Integrous Recruitment model (R²=0.605; F(4,180)=68.84, p<0.001; Cohen’s f²=1.53), with administrative reductionism (β=0.312), living-law integration deficit (β=0.242), institutional inertia (β=0.216) and perceived adequacy (β=−0.293) as significant predictors (all p<0.001). Perceived adequacy differed across clusters (ANOVA F(2,182)=6.90, p=0.001, η²=0.07), lowest in the resource-rich semi-urban cluster. Qualitative themes—administrative reductionism, institutional inertia, and disconnect from living law—triangulated the survey. The state secularizes an ethical mandate into a documentary checklist, marginalizing integrity. The study proposes the Spiritual-Integrous Recruitment model, integrating psychometric integrity testing with living-law screening, to convert a dogmatic illusion into a measurable safeguard of legal professionalism.
Ius Curia Novit and Malay Customary Values as Determinants of Substantive Justice in Indonesian Courts: A Convergent Mixed-Methods Study
The principle of Ius Curia Novit compels judges to accept and decide cases even when statutory law is absent, ambiguous, or incomplete, yet in jurisdictions with strong customary traditions strict legal positivism often yields procedurally correct but substantively unjust outcomes. This study examined how judicial activation of Ius Curia Novit and the integration of Malay customary values relate to perceived substantive justice. A convergent parallel mixed-methods design integrated a qualitative strand (interviews and verdict analysis from a District Court and a Religious Court in Riau Province, Indonesia) with a cross-sectional survey of 184 legal practitioners using four validated multi-item scales (Cronbach's α 0.835-0.872). Data were analysed with Pearson correlation, Welch's t-tests, one-way ANOVA, and multiple linear regression, reporting effect sizes and 95% confidence intervals. Ius Curia Novit activation (β = 0.418, 95% CI 0.284-0.529, p < 0.001) and customary-law integration (β = 0.281, 95% CI 0.150-0.381, p < 0.001) were the strongest positive predictors of perceived substantive justice, whereas legal-positivism orientation was a negative predictor (β = −0.227, p < 0.001); the model explained 49.2% of the variance (F(5,178) = 34.46, p < 0.001). Customary integration was higher in the Religious Court than the District Court (d = 0.63, p < 0.001) and differed by practitioner role (η² = 0.156, p < 0.001). Judicial discovery and disciplined incorporation of local wisdom jointly transform the judge from a mouthpiece of the law into an architect of substantive justice, informing judicial training and customary-law recognition policy.
Bureaucratic Ethics and the Actualization of Pancasila Values in Public Service Delivery: A Convergent Mixed-Methods Study of a Local Government Institution in Indonesia
Public administration in Indonesia is constitutionally bound by the ethical principles of Pancasila, yet systemic bureaucratic pathologies frequently contradict these ideals; limited research has quantified how each value is actualized in frontline service. This convergent parallel mixed-methods study examined the actualization of Pancasila values in public service delivery at a local government institution in Indonesia and its association with perceived public service quality. A qualitative strand (in-depth interviews with bureaucrats, n = 6, and service users, n = 10, participant observation and document analysis) was integrated with a cross-sectional survey of 216 service users and civil servants using six validated multi-item scales (Cronbach's alpha 0.78-0.93). Data were analyzed with Pearson correlation, multiple linear regression, Welch's t-test and one-way ANOVA, reporting effect sizes and 95% confidence intervals. Social cohesion (Sila 3, mean 3.96) and the local Malay ethos (4.07) were strongly actualized, whereas transparency (Sila 4, 2.85), integrity (Sila 1, 3.01) and distributive justice/access (Sila 5, 2.74) were deficient. Transparency (beta = 0.302, 95% CI 0.167-0.345, p < 0.001) and integrity (beta = 0.280, 95% CI 0.146-0.326, p < 0.001) were the strongest predictors of service quality, with the model explaining 60.5% of variance (F(6,209) = 53.41, p < 0.001). Service accessibility declined sharply from urban to rural respondents (d = 0.628; ANOVA eta-squared = 0.147, p < 0.001). Actualizing Pancasila requires structural integrity and transparency reform anchored in local cultural paradigms; a Socio-Cultural Public Service Model is proposed.
From Accreditation Audit to Actionable Strategy: A Mixed-Methods, Priority-Setting Evaluation of Hospital Pharmacy Services under the 2024 Indonesian Hospital Accreditation Standards
Hospital accreditation frameworks generate aggregate compliance scores that obscure the indicator-level heterogeneity on which meaningful quality improvement depends. The 2024 Indonesian Hospital Accreditation Standards (Standar Akreditasi Rumah Sakit/STARKES 2024) operationalise hospital pharmacy quality through seven Pharmaceutical Care and Drug Management (PKPO) standards, but no peer-reviewed study has yet linked STARKES 2024 compliance scoring to systematic priority-setting or to an implementation-ready action plan. In this descriptive evaluative, sequential explanatory mixed-methods study conducted at the Pharmacy Department of a Class C public hospital in Central Java, Indonesia, eight resident pharmacists (n = 8; institutional census) scored 53 STARKES 2024 indicators, triangulated through in-depth interviews, observation, patient-journey simulation, and document tracing. The Hanlon prioritisation method ranked residual gaps, and a facilitated focus-group discussion produced a SMART action plan. Aggregate compliance was 90.54% (95% CI 85.1–94.3; p < 0.001 versus the 80% threshold), with standard-level scores spanning 83.33–95.00% and a median absolute deviation of 4.72 percentage points. Hanlon analysis yielded three actionable top-tier priorities — collaborative therapeutic drug monitoring (OPR = 84.00), annual formulary evaluation (OPR = 74.67), and cytostatic compounding competency (OPR = 69.33) — robust across sensitivity perturbations. Pareto analysis concentrated 70.2% of the priority-weighted residual burden in the top three gaps. The study establishes the STARKES 2024 + Hanlon pairing as a discriminating, transferable template for translating accreditation compliance into measurable pharmacy quality improvement.
Copyright (c) 2026 Mohammad Febry Andintias, Hardiyani Presticasari
Catalyzing Knowledge Diffusion: A Meta-Synthesis of Intellectual Property Frameworks and FDI-Driven Technology Transfer in ASEAN Free Trade Zones
The rapid economic integration of the Association of Southeast Asian Nations (ASEAN) was historically driven by Foreign Direct Investment (FDI). However, the role of Intellectual Property (IP) frameworks in transforming foreign capital into genuine technological transfer remained heavily debated. This study quantitatively and qualitatively evaluated the impact of IP frameworks and institutional quality on FDI-driven knowledge diffusion within ASEAN Free Trade Zones (FTZs). A quantitative meta-analysis and systematic synthesis were conducted utilizing empirical data extracted from nine essential econometric studies. Reported coefficients from diverse regression models were statistically converted into Standardized Mean Differences (SMD) to allow for pooled analysis. A DerSimonian-Laird random-effects model was employed, and heterogeneity was assessed utilizing the I-squared statistic. The study selection process yielded nine foundational manuscripts. Risk of bias assessment indicated high methodological quality. The pooled meta-analysis demonstrated a statistically significant positive effect of strengthened institutional and IP frameworks on technology transfer proxies (Pooled SMD = 0.46; 95% Confidence Interval: 0.32, 0.60; p < 0.001). Significant heterogeneity was observed (I-squared = 68.4%, p < 0.01). Tabulated findings revealed that FTZs significantly boosted regional innovation indices, though actual absorption depended strictly on local absorptive capacity. In conclusion, robust IP laws and high institutional quality within FTZs strongly suggest a catalytic effect on formal knowledge diffusion. To maximize labor productivity, ASEAN member states must pair strict IP protection with active learning initiatives and dedicated technology transfer incentives.
The Limits of Resilience: Why Self-Efficacy Fails to Mitigate Technostress during Radical Core Banking Transformations
The digitalization of the banking sector has shifted from a competitive advantage to a survival imperative. However, the migration to radical Core Banking Systems often precipitates Technostress, a phenomenon that threatens employee well-being. This study investigates the impact of Technostress on Work-Life Balance among banking professionals during a high-stakes digital transformation involving the implementation of the Temenos T24 system. Crucially, it challenges the prevailing assumption that individual Self-Efficacy serves as a universal buffer against these stressors. A quantitative, explanatory study was conducted on a purposive sample of 107 frontline and back-office staff at a Regional Development Bank in Indonesia. Data were analyzed using Partial Least Squares Structural Equation Modeling with SmartPLS 4.0 to assess the measurement and structural models. The findings reveal that Technostress exerts a potent and significant negative effect on Work-Life Balance (path coefficient -0.29, p value 0.000). Paradoxically, and contrary to established theoretical expectations, Self-Efficacy failed to moderate this relationship (path coefficient 0.06, p value 0.500). In conclusion, the study identifies a Limit of Resilience, suggesting that during radical and structural technological upheavals, individual psychological resources such as Self-Efficacy are overwhelmed by systemic techno-overload and invasion. This shifts the onus of intervention from individual coping strategies to organizational job redesign.
Technical Precision as the Guardian of Governance: The Independent Roles of Budget Accuracy and Enterprise Risk Management in Mitigating Budgetary Slack
In the complex governance landscape of state-owned enterprises (SOEs), budgetary slack represents a significant agency cost that undermines public resource efficiency. While behavioral determinants of slack are well-documented, the mitigating roles of technical budget quality and formalized risk controls remain under-explored in emerging markets. Adopting a quantitative explanatory design, this study collected data from 50 key personnel, including management accountants, risk officers, and internal auditors, across five subsidiaries of a prominent Indonesian Marine Service SOE. To address the sample size limitation, a post-hoc G*Power analysis (alpha = 0.05, Power = 0.99) confirmed sufficient sensitivity for the observed effect sizes. Data were analyzed using structural equation modeling (SEM-PLS) with a full collinearity assessment to rule out common method bias. The empirical analysis reveals that budget accuracy (p = 0.014, f-square = 0.32) and risk management (p = 0.022, f-square = 0.28) exert a significant negative influence on budgetary slack. Conversely, budget clarity and evaluation demonstrated no significant effect. Crucially, risk management did not moderate the relationship between budget quality and slack (p > 0.05), functioning instead as a powerful, independent determinant. In conclusion, reducing slack in SOEs relies less on soft goal clarity and more on the ex-ante precision of financial estimates and the parallel integration of risk protocols. SOEs are advised to transition from historical-based budgeting to driver-based forecasting models to reduce information asymmetry.
Real-Time Cost Control in State-Owned Construction Enterprises: Deconstructing Control Latency through the Integration of Internal Audit and AIS
State-owned enterprises (SOEs) operating within the construction sector face a unique and precarious ecosystem characterized by high financial complexity, intense public accountability pressures, and significant exposure to chronic cost overrun risks. While internal audit (IA) and accounting information systems (AIS) function as established control mechanisms within these entities, they frequently operate in bureaucratic isolation—IA serving as a retrospective compliance function and AIS acting as a passive transaction repository. This functional disconnection creates a critical control latency gap where financial deviations materialize, compound, and metastasize before detection. This study employed a single holistic case study design grounded in a sociotechnical systems paradigm to explore the integration of IA and AIS at PT MM, a subsidiary of a prominent Indonesian construction SOE. Data were collected over a six-month period through eighteen in-depth semi-structured interviews, extensive participatory observation of audit cycles, and comprehensive documentation analysis. Thematic analysis was rigorously applied to deconstruct the socio-technical dynamics of integration. The investigation revealed that prior to integration, IA functions were hindered by a compliance trap, detecting financial anomalies only after 80-90% of project completion. The strategic integration of real-time AIS data into audit workflows transformed the IA function from a policing role to a strategic digital assurance partner. Specifically, a pilot integration in the dock maintenance 2024 project enabled continuous variance analysis, resulting in an 8% reduction in total project costs through the early detection of material price deviations. In conclusion, the synergy between risk-based internal audit (RBIA) and AIS transforms financial control from reactive verification to proactive mitigation. Success depends not merely on technical connectivity but on a cultural shift towards collaborative governance, positioning digital assurance as a critical driver of resilience.
Navigating the Iron Triangle: A Systematic Mixed-Methods Review of Equity and Quality Trade-offs in Indonesia’s National Health Insurance Reform
As Indonesia’s Jaminan Kesehatan Nasional (JKN) transitions from an expansionary phase to maturity, it faces the classic iron triangle of health policy: the tension between expanding access, containing costs, and maintaining quality. While coverage rates have soared, critical questions remain regarding the equitable distribution of these benefits in a post-pandemic landscape. This study employs an Integrative Systematic Review design, synthesizing high-impact quantitative and qualitative evidence published between 2021 and 2024. Data were extracted from six primary studies utilizing large-scale national datasets (SUSENAS, IFLS) and policy reviews. The analysis moves beyond simple pooling to perform a narrative synthesis of adjusted Odds Ratios (aOR) for utilization and benefit incidence, assessing the structural determinants of effective coverage. The synthesis reveals a distinct inverse equity trade-off. While JKN ownership significantly increases the probability of inpatient utilization (aOR: 2.35), the benefits are unevenly distributed. A middle-class capture phenomenon is evident, where upper-middle-income groups experience a 41% reduction in out-of-pocket (OOP) expenditure compared to 38% for the poorest quintile. Furthermore, a quality gap persists, with non-poor populations seeing a greater reduction in unmet needs (10.4%) than the poor (7.7%), largely driven by supply-side rigidities in remote areas and administrative literacy barriers. In conclusion, JKN has successfully dismantled financial entry barriers but has not yet resolved structural inequities. The system currently functions as a regressive subsidy where the urban middle class extracts disproportionate value. Future policy must pivot from coverage expansion to supply-side equity, implementing geographic capitation differentials and targeted non-medical benefits for vulnerable populations to close the gap between legal entitlement and effective access.
The Implementation Gap of Urban Green Space Policy: A Mixed-Methods Analysis of Political Will and Spatial Inequity in Indonesia’s Decentralized Governance
Rapid urbanization in emerging economies frequently outpaces environmental planning, creating severe ecological deficits. In Indonesia, Law Number 26 of 2007 mandates that local governments maintain at least 30% of their urban area as green open space (RTH). However, compliance remains critically low in secondary cities. This study employs a Sequential Explanatory Mixed-Methods design to evaluate the implementation gap in Banyumas Regency, Indonesia. Utilizing longitudinal policy data from 2019 to 2023, a stratified random survey of 300 residents, Geographic Information System (GIS) analysis, and Structural Equation Modeling (SEM), this research quantifies the divergence between statutory targets and spatial reality. Results indicate a critical implementation gap, with Public RTH covering only 2.23% of the urban area, far below the 20% public target. While the total RTH area increased by 11.05% over five years, the growth rate is insufficient. Spatial analysis reveals a Gini coefficient of 0.65, highlighting severe inequality where green space is concentrated in administrative cores while peri-urban districts remain green deserts. Structural Equation Modeling confirms that Political Will (beta = 0.62) significantly influences implementation success, while Resource Constraints (beta = -0.48) act as a critical inhibitor. Qualitative analysis identifies a resource trap, where decentralized governance incentivizes revenue-generating infrastructure over environmental assets. The study concludes that achieving the 30% target requires a paradigm shift from state-centric planning to collaborative governance and the establishment of a municipal Land Banking Agency.
Legal Aspects of Digital Business Licensing: A Mixed-Methods Analysis of the OSS-RBA in Indonesia's Batam Free Trade Zone
The global trend of digital transformation in public administration has prompted significant legal and institutional reforms aimed at enhancing economic competitiveness. In Indonesia, this is exemplified by the 2021 launch of the Online Single Submission Risk-Based Approach (OSS-RBA), a centralized digital platform for business licensing. This study investigates the implementation of this system within the complex legal environment of the Batam Free Trade Zone (FTZ), a strategic economic hub characterized by regulatory dualism. The aim of this research is to critically evaluate the legal and commercial implications of the OSS-RBA's implementation in a Special Economic Zone. Its novelty lies in employing a rigorous mixed-methods approach to move beyond a simple efficiency analysis, providing a nuanced examination of the tensions between digital administrative reform and the foundational commercial law principles of legal certainty, procedural justice, and regulatory harmonization. This study utilized a convergent parallel mixed-methods design. The doctrinal legal analysis involved a systematic content analysis of Indonesia’s 1945 Constitution, Law No. 11 of 2020 (Omnibus Law), and Batam-specific regulations. The empirical component included a quantitative analysis of 245 licensing applications (2022-2023), three distinct surveys of business representatives and applicants (n=156, n=189, n=198), and qualitative data from structured interviews with 56 regulatory officials and legal practitioners, alongside focus groups with 45 business actors. A novel Business Legal Certainty Index (BLCI) was constructed and validated to measure regulatory predictability. The findings demonstrate that the OSS-RBA has yielded significant administrative efficiencies, reducing licensing processing times by up to 83.9% and increasing approval rates to 92.7%. This correlates with a 67.3% increase in Foreign Direct Investment in Batam post-implementation. However, the system is fraught with challenges. The study identified 23 specific legal inconsistencies between national and FTZ regulations, leading to jurisdictional ambiguity. Furthermore, the opacity of algorithmic decision-making raises significant administrative justice concerns, with only 45% of automated decisions providing a clear rationale, thereby limiting access to effective legal remedies. In conclusion, the OSS-RBA represents a critical step toward modernizing Indonesia's investment climate, but its success is contingent on substantial legal and institutional reform. To realize the full potential of digital governance, policymakers must prioritize comprehensive regulatory harmonization, amend administrative procedure laws to safeguard due process in an automated era, and strengthen institutional capacity.
The Kidfluencer Phenomenon and Modern Slavery: A Critical Analysis of Indonesia's Legal Framework in Protecting Children from Digital Exploitation
The digital era has ushered in unprecedented opportunities for children to engage with online platforms. However, this increased accessibility has also exposed them to new forms of exploitation, including the "kidfluencer" phenomenon. This study examines the legal framework in Indonesia concerning child digital exploitation, focusing on the adequacy of existing laws in protecting children involved in the creation of digital content for commercial purposes. This research employed a qualitative legal research methodology. It involved a comprehensive review of relevant national legislation, international legal instruments, academic literature, and reports from governmental and non-governmental organizations. A comparative analysis was conducted to assess the alignment of Indonesian laws with international standards for child protection. The study revealed that while Indonesia has ratified international conventions and enacted laws related to child protection, gaps exist in addressing the specific nuances of digital exploitation. Existing laws primarily focus on traditional forms of child labor and abuse, lacking explicit provisions for online exploitation, particularly within the context of the kidfluencer phenomenon. In conclusion, this research highlights the urgent need for Indonesia to strengthen its legal framework to specifically address the exploitation of children in the digital realm. Recommendations include amending existing laws to include explicit provisions on digital exploitation, enhancing law enforcement capacity, raising public awareness, and fostering collaboration between stakeholders such as the government, digital platforms, and civil society organizations.
Disparity in Sentencing and the Effectiveness of Indonesia's Narcotics Law: A Critical Analysis of Law No. 35 of 2009
Drug abuse in Indonesia remains a pervasive issue with significant social, economic, and health implications. Law No. 35 of 2009 concerning Narcotics was enacted to combat this problem through comprehensive provisions encompassing prevention, criminalization, and rehabilitation. This study critically analyzes the implementation of Law No. 35 of 2009, focusing on sentencing disparities and their impact on achieving the law's objectives. This study employed a qualitative approach with a normative legal analysis. Primary data sources included Law No. 35 of 2009, related regulations, court decisions, and legal documents. Secondary data comprised academic publications, reports from government and non-government organizations, and expert opinions. Data analysis involved a comprehensive review and thematic analysis of the collected materials, focusing on identifying patterns, inconsistencies, and challenges in the application of the law. The study revealed a significant disparity in sentencing under Law No. 35 of 2009. Drug users, often suffering from addiction, frequently receive harsher punishments than drug dealers, who play a more significant role in the illicit narcotics trade. Judges often fail to differentiate between users and dealers, leading to inappropriate sentencing. Despite provisions for rehabilitation, many users end up incarcerated due to limited access to treatment facilities and programs. In conclusion, while Law No. 35 of 2009 provides a comprehensive legal framework for addressing drug abuse, its implementation reveals significant shortcomings, particularly concerning sentencing disparities. Judges need comprehensive training to understand the nuances of the law and apply it fairly, considering the roles of different actors in drug-related offenses. Increased investment in rehabilitation programs and facilities is crucial to offer effective treatment options for drug users, reducing recidivism and promoting reintegration into society.
Forest and Land Fire Management in Indonesia: Unveiling the Implementation Gaps of Law No. 32 of 2009 in Palembang
Forest and land fires (Karhutla) pose a significant environmental threat in Indonesia, particularly in Palembang. Law No. 32 of 2009 on Environmental Protection and Management provides a framework for fire prevention and mitigation. This study evaluated the law's implementation effectiveness in addressing Karhutla in Palembang. A socio-legal approach was employed, utilizing primary data from interviews with key informants (government officials, law enforcement, community leaders, and residents affected by fires) and secondary data from legal documents, reports, and academic literature. Qualitative data analysis techniques were used to identify themes and patterns. The study revealed that Law No. 32 of 2009 has not been effectively implemented in Palembang. Weaknesses were identified in law enforcement, inter-agency coordination, resource allocation, and community engagement. While a clear legal framework and stakeholder support exist, implementation is hindered by limited resources, inadequate sanctions, and low public awareness. In conclusion, to improve Karhutla management, strengthening law enforcement, enhancing inter-agency coordination, increasing public legal awareness, and ensuring adequate resource allocation are crucial.
Beyond the Law: Exploring the Moral and Philosophical Dimensions of Pancasila in Promoting a Human Rights Culture in Indonesia
This research delves into the moral and philosophical dimensions of Pancasila, Indonesia's national philosophy, and its potential to foster a robust human rights culture in the country. It examines how the five principles of Pancasila, which encompass divinity, humanity, unity, democracy, and social justice, can shape individual and collective attitudes toward human rights, transcending legal frameworks. This study employs a qualitative approach, utilizing a combination of document analysis, case studies, and historical and contemporary literature review. The research analyzes relevant legal documents, including the Indonesian Constitution and human rights laws, alongside philosophical interpretations of Pancasila and its application in Indonesian society. The study reveals that Pancasila's inherent values align with the core principles of human rights, emphasizing human dignity, justice, and equality. By promoting these values, Pancasila can foster a sense of responsibility and respect for human rights at all levels of society. However, the study also identifies challenges in fully realizing this potential, including socio-cultural barriers, historical legacies, and varying interpretations of Pancasila. In conclusion, Pancasila offers a powerful moral and philosophical framework for cultivating a human rights culture in Indonesia. By strengthening the understanding and application of Pancasila's principles, Indonesia can promote a more just and equitable society that upholds the rights of all its citizens.
Blurring the Lines: An Analysis of Jurisdictional Overlap between General Courts and State Administrative Courts in Indonesia
The Indonesian legal system adopts a dual court system, comprising General Courts and State Administrative Courts (PTUN), each with distinct jurisdictions. However, ambiguities arise when State Administrative Decisions (TUN) involve elements of civil law, leading to jurisdictional overlaps and potential conflicts between these courts. This overlap creates confusion and uncertainty for litigants seeking legal recourse. This study employed a qualitative legal research methodology, involving a comprehensive analysis of relevant legislation, including Law No. 5 of 1986 on State Administrative Courts, Law No. 48 of 2009 concerning Judicial Power, and related regulations. Additionally, the study examined relevant case law from both General Courts and the PTUN, spanning from 2018 to 2024, to identify patterns and trends in jurisdictional disputes. The research identified recurring areas of jurisdictional overlap, particularly in cases involving land disputes, contractual disputes with government entities, and disputes arising from the execution of TUN decisions. Analysis of case law revealed inconsistencies and contradictions in how courts have resolved these overlaps, leading to legal uncertainty for litigants. In conclusion, the jurisdictional overlap between General Courts and the PTUN presents a significant challenge to the Indonesian legal system, undermining legal certainty and access to justice. This study proposes potential solutions, including clearer legislative guidelines, enhanced judicial training, and the establishment of a dedicated mechanism for resolving jurisdictional conflicts.
COVID-19 and Patient Rights: A Comparative Analysis of Legal Protection Mechanisms at Citra Medika Hospital Indonesia and International Standards
The COVID-19 pandemic presented unprecedented challenges to healthcare systems globally, highlighting the critical need for robust legal frameworks protecting patient rights. This study investigated the legal protection mechanisms for COVID-19 patients at Citra Medika Hospital, Indonesia, comparing them with international standards. This empirical legal study employed a descriptive approach. Data collection involved a comprehensive review of hospital regulations, national laws, and international guidelines. Observations of hospital practices were conducted, and semi-structured interviews were held with hospital staff and COVID-19 patients. Qualitative analysis focused on key patient rights: information, consent, confidentiality, second opinions, and access to medical records. Citra Medika Hospital demonstrated efforts to protect patient rights, including informed consent procedures, confidentiality protocols, and provisions for accessing medical records. However, gaps were identified concerning the clarity and accessibility of patient information and the practical implementation of the right to a second opinion. In conclusion, while Citra Medika Hospital has established some mechanisms to protect patient rights during the COVID-19 pandemic, further enhancements are needed to align with international best practices. Recommendations include improving patient information materials, strengthening procedures for second opinions, and enhancing staff training on patient rights.
Electronic Certificates in Indonesia: Enhancing Legal Certainty or Introducing New Challenges?
The Indonesian government is moving towards digital transformation in land administration by introducing electronic certificates (e-certificates) through the Regulation of the Minister of ATR/BPN Number 1 of 2021. This initiative aims to improve the security and legal certainty of land ownership, building upon existing programs like the Complete Systematic Land Registration Program (PTSL). This study used a normative legal research method to investigate the opportunities and challenges associated with implementing e-certificates in Indonesia. Primary legal sources, such as the Electronic Information and Transactions Law (UU ITE) and relevant ministerial regulations, were analyzed. Secondary data from legal journals, academic publications, and theses were also examined. The study revealed that e-certificates offer several advantages, such as increased efficiency in land administration, potential integration with blockchain technology, and improved land mapping and survey processes. However, challenges remain, including cybersecurity risks, limited technological infrastructure, and the digital literacy gap. Furthermore, the legal status of e-certificates as evidence in court, while recognized by the Ministry of ATR/BPN and UU ITE, requires further clarification within the Indonesian legal framework. This study concludes that e-certificates hold the potential to modernize land administration and enhance legal certainty in Indonesia, but successful implementation requires addressing critical challenges and ensuring comprehensive legal and regulatory clarity.
Balancing Economic Growth and Social Equity: A Legal and Conceptual Analysis of Indonesian Agrarian Reform in the Agribusiness Sector
Indonesia faces the persistent challenge of balancing economic growth with social equity in its agribusiness sector. This study analyzes how legal and conceptual aspects of agrarian reform policies contribute to this balancing act, particularly in the context of rising agribusiness investment and the persistence of smallholder farming. A normative juridical method was employed, incorporating statute, historical, and conceptual approaches. Legal documents, historical records, and academic literature were analyzed. Simulation data, based on government statistics and existing research, was used to model the potential impact of different policy scenarios on economic growth and social equity. Indonesia's legal framework, while promoting land redistribution and tenure security, exhibits inconsistencies that can favor large-scale agribusiness interests. This can lead to unequal access to land and resources, potentially hindering inclusive growth. Simulation data suggests that strengthening land tenure security, improving access to finance, and promoting sustainable agricultural practices can contribute to both economic growth and social equity. In conclusion, optimizing agrarian reform requires a more nuanced approach that prioritizes social equity alongside economic growth. This includes strengthening land rights for smallholder farmers, improving access to resources, and promoting sustainable agricultural practices.
The Influence of Early Motor Skill Development on Technical Proficiency in Adolescent Football Players
The acquisition of fundamental motor skills (FMS) during early childhood lays the groundwork for more complex motor skills and sports-specific techniques later in life. This study investigates the relationship between early motor skill development and technical proficiency in adolescent football players. A longitudinal study was conducted, tracking the motor skill development of 50 participants from ages 5 to 15. Early motor skills were assessed using standardized tests, while technical proficiency in football was evaluated through a combination of skill-specific drills and match performance analysis during adolescence. The findings revealed a significant positive correlation between early motor skill competence and subsequent technical proficiency in football. Participants who demonstrated higher levels of FMS competence in early childhood exhibited superior ball control, passing accuracy, shooting power, and overall technical performance as adolescent football players. In conclusion, the study underscores the critical role of early motor skill development in shaping technical proficiency in adolescent football players. Promoting and facilitating early FMS acquisition can significantly enhance the technical abilities of young athletes, potentially leading to improved performance and long-term success in football.
Effectiveness of a Community-Based First Aid Education Program on Choking for Laypersons in Surabaya, Indonesia: A Quasi-Experimental Study
Choking is a leading cause of accidental death, particularly among children and the elderly. Prompt first aid, especially the Heimlich maneuver, is crucial in preventing fatalities. This study aimed to evaluate the effectiveness of a community-based first aid education program on choking in Surabaya, Indonesia. A quasi-experimental, pre-post design was implemented in Surabaya. Participants were recruited from various community settings (workplaces and community centers). The intervention group received a comprehensive first aid education program on choking, while the control group received standard health education. Knowledge and skills related to choking first aid were assessed before and after the intervention. A total of 350 participants completed the study (175 per group). The intervention group demonstrated a significant improvement in knowledge (p < 0.001) and skills (p < 0.001) related to choking first aid compared to the control group. Additionally, the intervention group reported increased confidence in their ability to respond to choking emergencies. The community-based first aid education program significantly enhanced knowledge, skills, and confidence in choking first aid among laypersons in Surabaya. Such programs should be considered as a public health strategy to reduce choking-related morbidity and mortality.
The Effect of Using Digital-Based Learning Media on Student Competence: An Observational Study of Senior High School Students in Jambi City, Indonesia
Digital transformation in education has encouraged the use of digital-based learning media (MPBD) at various levels, including senior high school. This study aims to analyze the effect of using MPBD on the competency of senior high school students in Jambi City, Indonesia. This research uses an observational design with a quantitative approach. The sample consisted of 350 senior high school students in Jambi City who were randomly selected in stages. Data was collected through questionnaires, class observations, and document analysis (report scores). Data analysis was carried out using multiple linear regression. The research results show that the use of MPBD has a positive and significant effect on student competence (p < 0.05). Factors such as intensity of use of MPBD, quality of MPBD, and teacher support also contribute significantly to increasing competency. The use of MPBD that is well integrated in the learning process can increase the competence of senior high school students. Improving the quality of MPBD, teacher training and infrastructure support is needed to optimize the use of MPBD in education.
The Role of Merdeka Belajar Kampus Merdeka (MBKM) Program on Students' Soft Skills: An Observational Study of Students in Jambi City, Indonesia
The Merdeka Belajar Kampus Merdeka (MBKM) program was launched by the Indonesian government with the aim of improving the quality of higher education and preparing graduates who are competent in the world of work. One important aspect that is expected to be improved through this program is student soft skills. This research aims to examine in depth the role of MBKM in the development of student soft skills in Jambi City, Indonesia. This research used an observational approach involving 350 students from various universities in Jambi City who participated in the MBKM program. Data was collected through participant observation, in-depth interviews, and questionnaires. Data analysis was carried out qualitatively and quantitatively to explore a comprehensive understanding of the impact of MBKM on student soft skills. The research results show that MBKM has a significant role in improving the soft skills of students in Jambi City. Participation in various MBKM activities, such as internships, humanitarian projects, and student exchanges, provides opportunities for students to develop communication skills, leadership, teamwork, problem-solving, and creativity. Apart from that, MBKM also helps students increase their self-confidence, independence, and ability to adapt to new environments. The MBKM program has proven effective in improving the soft skills of students in Jambi City. These findings provide empirical evidence that supports the importance of the MBKM program in preparing graduates who not only have academic competencies, but also the soft skills needed in the world of work. The implications of this research can be used as a basis for developing higher education policies that are more effective in improving the quality of graduates.
The Role of Peers on Self-Confidence in Increasing Student Learning Achievement: An Observational Study in Jambi City, Indonesia
Students' self-confidence and learning achievement are two important aspects of education. This research aims to examine the role of peers in increasing students' self-confidence and learning achievement in Jambi City, Indonesia. This research uses a quantitative approach with a cross-sectional design. The research sample consisted of 350 senior high school students in Jambi City who were selected by random sampling. Data was collected through questionnaires and analyzed using structural equation modeling partial least squares (SEM-PLS). The results of SEM-PLS analysis show that peers have a positive and significant influence on students' self-confidence (β = 0.45, p < 0.001). Apart from that, self-confidence also has a positive and significant effect on student learning achievement (β = 0.38, p < 0.001). Peers also have an indirect influence on learning achievement through self-confidence. Peers play an important role in increasing students' self-confidence and learning achievement in Jambi City. Interventions involving peers can be an effective strategy to improve both aspects.
Legal Protections Analysis for Physical Assault Victims and Their Impact on Public Safety: Case Study of Judge's Decision Number 399/Pid.B/2020/PN Dps
Demolition is a criminal act that not only violates the human rights of victims, but also has a serious impact on the community's sense of security. This study aims to examine the legal protection provided to victims of demolition in Judge Decision Number 399/Pid.B/2020/PN Dps and its implications for public safety. This study uses a normative juridical method with a case study approach. Primary data is obtained from judges' decisions, while secondary data is collected from laws and regulations, legal literature, and previous research. Data analysis is carried out qualitatively with legal interpretation and argumentation techniques. The decision of Judge Number 399/Pid.B/2020/PN Dps shows that there are efforts to protect the law for victims of demolition through the provision of compensation and rehabilitation. However, this ruling has not fully reflected the more comprehensive aspect of restorative justice. The implication of this decision on public security is that there is still potential vulnerability and public distrust of law enforcement. Legal protection for victims of demolition needs to be strengthened with a more comprehensive restorative justice approach, involving the active participation of victims, perpetrators, and the community. The strengthening of legal protection is expected to increase public security and prevent similar crimes from occurring in the future.
Copyright (c) 2024 Shalsabila Putri Fairuz Zahra, Dina Mukti Yatulloh
Analysis of Legal and Social Implications Related to the Visa Free Policy for Visiting Foreign Citizens: A Meta-Analysis in Bali, Indonesia
The free visit visa (BVK) policy for foreign nationals (WNA) in Bali, Indonesia, has become an important instrument in encouraging tourism. However, this policy also gives rise to complex dynamics of social norms. This research aims to analyze existing studies regarding social norms related to BVK in Bali through a meta-analysis approach. This research uses a meta-analysis method by collecting data from various relevant empirical studies, both qualitative and quantitative, published between 2018-2024. Keywords used in the search included "social norms," "visa-free policy," "Bali," "tourism," and "Indonesia." Selected studies were then systematically analyzed to identify key themes and emerging patterns. The meta-analysis results show that there are various social norms related to BVK in Bali. Several norms support this policy, such as norms of friendliness and openness towards foreigners. However, there are also norms that have the potential to cause conflict, such as norms relating to politeness, customs and public order. This research provides a deeper understanding of the complexity of social norms related to BVK in Bali. These findings have important implications for stakeholders in formulating more effective and sustainable policies, as well as for the Balinese people in facing social changes that occur as a result of tourism.
Analysis of the Implementation Study of Law No. 6 of 2023 Concerning Worker Protection Policies: A Case Study in Semarang City, Indonesia
Law No. 6 of 2023 concerning Job Creation (Job Creation Law) brings significant changes to employment policy in Indonesia, including labor protection. This research aims to analyze the implementation of the Job Creation Law regarding worker protection in Semarang City through a qualitative study. This research uses a qualitative approach with a case study method. Data was collected through in-depth interviews with 20 workers in Semarang City from various industrial sectors, as well as analysis of related documents. Data analysis was carried out thematically to identify the main themes related to the implementation of the Job Creation Law. The research results show that the implementation of the Job Creation Law regarding worker protection in Semarang City still faces challenges. Some of the main findings include: (1) A lack of understanding regarding regulatory changes among the workforce, (2) Inadequate socialization and education regarding the Job Creation Law, (3) Concerns regarding the potential negative impact of the Job Creation Law on workers' rights, and (4) the need to increase capacity and supervision on the part of the government and trade unions. Implementation of the Job Creation Law regarding worker protection in Semarang City requires further efforts from various parties. Increasing understanding, socialization, and education regarding the Job Creation Law is crucial. In addition, it is important to strengthen supervision and law enforcement to ensure the protection of workers' rights in accordance with the mandate of the Job Creation Law.