Dalihan Na Tolu: Jurnal Hukum, Politik dan Komunikasi Indonesia

Reconfiguring Sanctions for Environmental Crimes Through the Application of Deferred Prosecution Agreements (DPAS) to Corporations Under Law Number 1 Of 2023 Concerning the Indonesian Criminal Code

Galih Saptriono Nugroho — 2026-04-23

The reform of Indonesia’s criminal law through Law Number 1 of 2023 on the Criminal Code reflects a significant shift in the orientation of punishment. Punishment is no longer viewed solely as a means of retribution, but also as an instrument of corrective, restorative, and rehabilitative justice. This shift is particularly important in the context of environmental crimes, as corporate environmental offenses generally cause extensive, systemic, and long-term harm to ecosystems as well as to surrounding communities. Although Law Number 32 of 2009 on Environmental Protection and Management has recognized corporate criminal liability and provides for additional penalties and corrective measures, its sanctioning framework still faces several problems, particularly the predominance of a retributive approach, the lack of integration of ecological restoration into the core of punishment, and the difficulty of establishing corporate fault. This article addresses two main issues. First, how is the sanctioning framework for corporate environmental crimes regulated under Law Number 32 of 2009 and Law Number 1 of 2023 on the Criminal Code? Second, what model of Deferred Prosecution Agreement (DPA) may appropriately be applied to reconfigure sanctions for corporate environmental crimes without undermining the principle of criminal liability? This study is normative legal research employing statutory, conceptual, and, to a limited extent, comparative approaches. The research relies on primary and secondary legal materials, which are analyzed qualitatively through a descriptive-analytical method. The findings show that the current sanctioning framework has not yet been fully capable of addressing the need for prompt, concrete, and measurable restoration of environmental harm. While the 2023 Criminal Code strengthens the legal basis for attributing criminal liability to corporations, it does not automatically resolve the problem of effective ecological recovery. In this context, a DPA may be considered as a model for reconfiguring sanctions, provided that it is designed in a strict and accountable manner, requiring formal acknowledgment of governance failure, measurable environmental restoration obligations, concrete recovery for affected communities, disgorgement of unlawfully obtained profits, and internal corporate compliance reform. With such a design, a DPA should not be understood as a form of penal leniency, but rather as a legal mechanism that places ecological restoration and corporate governance reform at the center of the criminal law response to environmental offenses.

A Legal Analysis of Copyright Holders of Digital Music Works in Cases of Piracy Under Law No. 28 of 2014 on Copyright

Nofida Buulolo — 2026-04-28

This study examines the legal protection of digital music copyright holders in the context of piracy under Law Number 28 of 2014 concerning Copyright. The main issues studied are how this legal protection is implemented in the ever-evolving digital landscape and what factors contribute to the prevalence of digital music piracy. The research method used is normative legal analysis with a legislative approach and case studies. Data were collected through a literature review, focusing on primary legal materials such as Law Number 28 of 2014 concerning Copyright, Supreme Court decisions, and jurisprudence related to digital music copyright, as well as secondary legal materials such as books and legal journals. The findings indicate that Law Number 28 of 2014 provides comprehensive legal protection for digital music copyright holders, including exclusive rights to publish and reproduce works, as well as economic and moral rights. The factors causing piracy are multidimensional, encompassing technology, socio-cultural aspects, economics, and weaknesses in law enforcement. This study recommends strengthening digital monitoring mechanisms, increasing legal sanctions, and improving public education to create a fair and sustainable digital music ecosystem.

Bureaucratic Barrier Mitigation Strategy in Smart City Implementation in Cimahi City

Genis Arivanny Putri Sekarsari — 2026-05-25

The implementation of Smart City policies often faces non-technical obstacles in the form of structural rigidity and resistance from the government bureaucratic work culture. This study aims to identify clusters of bureaucratic obstacles in Smart City implementation in Cimahi City and formulate comprehensive mitigation strategies. Using qualitative research methods with a descriptive approach, data were collected through in-depth interviews with key informants from the Cimahi City Communication and Information Technology Office (Diskominfo) and the Regional Development Planning Agency (Bappeda), system observations, and documentation studies of supporting regulations. The results indicate that smart city implementation is hampered by six main factors: sectoral egos that trigger data silos, the clash between rigid structures and digital dynamics, apparatus resistance to change, limited human resource ICT competencies, a reductive mindset toward "ICT projects," and weak leadership commitment and budget sustainability. To address these issues, this study formulates four comprehensive mitigation strategies: (1) digital transformation through a Single Sign-On (SSO) system and SPBE-based data interconnection; (2) technical guidance on digital literacy and a shift in the mindset of civil servants (ASN) to a service-oriented one; (3) strengthening macro regulations in the RPJMD/RPJPD and developing digital standard operating procedures (SOPs) to reduce bureaucracy (debureaucratization); and (4) institutionalizing public participation spaces and the Pentahelix Collaboration involving local academics such as Jenderal Achmad Yani University. In conclusion, the success of Smart City in Cimahi City requires holistic bureaucratic reform to transform technology from a mere administrative formality into a fast, agile, and accountable public service engine.

Government Public Relations Strategy in Countering Public Policy Hoaxes in Cyberspace

Rojab Riswan Taufik — 2026-05-25

The rapid development of cyberspace has triggered the high spread of hoaxes related to public policies, which have the potential to undermine public trust in local government. This study aims to analyze the Government Public Relations (GPR) strategy of the Banjar City Public Relations Office in countering public policy disinformation in cyberspace. The research method used was descriptive qualitative with a case study approach. Data collection was conducted through in-depth interviews with public relations practitioners, observations of official social media platforms, and archival documentation of cyber issue reports and clarification scripts. The results indicate that the cyber issue monitoring strategy was implemented through a combination of macro digital channels (Instagram and Facebook), micro channels (a network of information agents within the citizen WhatsApp Group), and the official complaint channel "Banjar Saber Hoaks." Meanwhile, the communication strategy execution was divided into preventive and curative approaches. Preventively, the public relations office produced creative policy infographics and promoted digital literacy through the "Filter Before Sharing" movement. Critical disinformation was effectively addressed in less than 24 hours through the visual labeling of "HOAX," the development of fact-based counter-narratives, and simultaneous amplification using a one-gate communication system. Cross-agency bureaucratic hurdles were successfully mitigated through the appointment of liaison officers in each Regional Work Unit (SKPD) to expedite data validation. The study's conclusions confirm that the harmonization of proactive and responsive preventive and curative strategies effectively minimizes the destructive impact of hoaxes and maintains public trust at the local level.

Legal Implications of Constitutional Court Decision Number 55/PHPU.BPU-XXIII/2025 on the Regional Head Election in North Gorontalo Regency in 2024

Raikmal Rizki A — 2026-06-30

This study examines the legal implications of Constitutional Court Decision Number 55/PHPU.BPU-XXIII/2025 on the Regional Head Election in North Gorontalo Regency in 2024. The decision disqualified a candidate pair due to formal deficiencies in the nomination requirements, specifically the status of a convicted person still under probation, and ordered a Re-vote (PSU). Using a normative legal research method with statutory and constitutional approaches, this study finds: first, The construction of the candidacy document verification process for the North Gorontalo regional head election experienced inconsistencies in norm application. The Election Supervisory Body (Bawaslu) employed a comparative approach toward jurisprudence to deliver substantial justice. Meanwhile, the General Election Commission (KPU) positioned itself strictly as an executor to uphold the principle of hierarchical compliance among election organizers ; second, the Constitutional Court Decision resulted in the annulment of KPU Decision Number 1081/2024, disqualification of Candidate Pair Number 3, and a re-vote order within 60 days. Although voter turnout declined by 3.35% in the PSU held on April 19, 2025, public trust in the democratic system as a whole remained relatively intact. This study underscores the importance of strengthening administrative verification mechanisms to ensure electoral integrity.

Reformulating Product Liability for Autonomous Vehicles: A Comparative Analysis of Causation Theories in Indonesian and Kuwaiti Civil Law

Zein Samsia Ibrahim — 2026-07-08

The development of autonomous vehicles as a disruptive technological product presents serious challenges to civil law, particularly in determining manufacturer liability when accidents occur. The causation theory that underpins civil liability in Indonesia and Kuwait has not yet explicitly accommodated the complexity of artificial intelligence decisions, which are non-linear and multi-factorial. This research employs a normative legal method with a comparative law approach between the Indonesian Civil Code and the Kuwaiti Civil Code (Law No. 67 of 1980). The analysis reveals that Indonesian law, which alternately applies the conditio sine qua non theory and the proximate cause theory, fails to provide certainty and justice due to its binary approach. By contrast, Kuwaiti law adopts a gradation of causality through the distinction between al-sabab al-mubasyir (direct cause) and al-sabab al-mutasabib (indirect cause), and imposes strict liability for dangerous objects under Article 229. Based on this comparison, this study formulates a manufacturer liability reform through three pillars: tiered liability based on SAE automation levels, reversal of the burden of proving causality at high automation levels, and the establishment of mandatory insurance and a no-fault compensation fund. This reform requires amendments to the Indonesian Civil Code or the enactment of a special law on artificial intelligence and autonomous vehicles. In conclusion, Indonesia should adopt Kuwait's tiered approach to make manufacturer liability fairer, more adaptive, and legally certain in the era of technological disruption.

Critical Examination of the Circumstantial Evidence Threshold in Competition Law: Obstacle or Legal Certainty?

Fatma Astiti Harun — 2026-07-08

The use of circumstantial evidence is indispensable in competition law enforcement, as direct evidence of anticompetitive agreements is rarely available. However, the appropriate threshold for such evidence remains deeply contested, raising a fundamental tension between effective deterrence and legal certainty. This normative legal research, employing comparative and teleological analysis of Indonesian, European Union, and United States jurisprudence, critically examines whether the circumstantial evidence threshold operates as an obstacle to enforcement or as a safeguard for predictability. The findings reveal that an excessively high threshold requiring exclusion of all plausible alternative explanations creates a safe harbor for sophisticated cartels, particularly disadvantaging agencies with limited investigative powers such as Indonesia's KPPU. Conversely, an overly low and unstructured threshold risks false positives, condemning legitimate parallel conduct in oligopolistic markets and chilling pro-competitive behavior. Neither extreme is defensible. The study concludes that the optimal framework lies in a balanced, structured approach: competition authorities must present a consistent and objective body of circumstantial facts establishing a plausible inference of collusion, after which defendants may articulate non-collusive alternatives, with the ultimate burden remaining on the authority. This balanced threshold harmonizes enforcement efficacy with legal certainty, ensuring that competition law protects consumer welfare without sacrificing due process.

Reconstructing the Sentencing Paradigm: From Normative Dimensions to Human Rights‑Based Implementation in Indonesia's New Criminal Code and Criminal Procedure Code

Diwan Jagad Raya Mohamad — 2026-07-08

The enactment of Indonesia's new Criminal Code (Law No. 1 of 2023) marks a historic normative shift from the colonial‑era retributive paradigm toward a pluralistic sentencing framework that explicitly integrates rehabilitation, restorative justice, and human rights protection. However, this legislative achievement remains incomplete and largely aspirational unless accompanied by effective implementation. This research employs a normative legal method with statutory, conceptual, and comparative approaches to critically examine the gaps between the new Code's human rights‑based provisions and the entrenched realities of judicial practice. The analysis identifies three fundamental barriers: a deeply rooted punitive judicial culture that defaults to imprisonment even when alternative sanctions are legally available; severe institutional capacity deficits, including understaffed probation services and the absence of national databases for community‑based programs; and the lack of meaningful appellate accountability for proportionality and human rights compliance. Without comprehensive strategies judicial training on human rights‑based sentencing, the establishment of a Sentencing Commission to develop empirical guidelines, procedural reforms to strengthen the draft Criminal Procedure Code, and sustained investment in alternative sanctions the new KUHP risks becoming a dead letter. The conclusion affirms that normative reform alone is insufficient; genuine reconstruction requires operational machinery, cultural transformation, and unwavering political commitment to place human dignity at the center of every sentence imposed.

Weaknesses of E-Commerce Regulations in Protecting Couriers from Consumer Default Risk in COD Transactions

Diwan Jagad Raya Mohamad — 2026-07-08

The rapid growth of e-commerce and cash-on-delivery (COD) transactions in Indonesia has exposed a critical regulatory gap: delivery couriers remain legally unprotected against consumer default, despite bearing substantial operational and financial risks. This study examines the weaknesses of Indonesian e-commerce regulations in protecting couriers from consumer default in COD transactions. Employing a normative legal research method with statutory and conceptual approaches, supported by empirical data from semi-structured interviews with couriers and documentation of dispute cases, this study reveals two fundamental regulatory failures. First, the current legal framework, particularly Law No. 8 of 1999 on Consumer Protection, remains trapped in an outdated bipartite paradigm that recognizes only consumers and business actors, rendering couriers legally invisible and devoid of clear legal standing. Second, existing protections are exclusively repressive, responding to harm only after disputes or violence occur, while no preventive mechanisms such as mandatory compensation schemes, buyer verification systems, or accessible dispute resolution exist to deter consumer default or mitigate couriers' economic losses. Consequently, couriers bear the entire risk of default despite having no control over product quality or consumer conduct. This study concludes that legislative reform is urgently needed to recognize couriers as distinct legal subjects and to establish preventive-protective regulations ensuring justice for essential workers in Indonesia's digital economy.

Legal Responsibility and Regulatory Framework for the Prevention and Management of Violence Against Healthcare Workers

Asri Reni Handayani — 2026-08-07

Violence against healthcare workers in healthcare facilities is a serious issue that affects both the safety of healthcare personnel and the quality of healthcare services. Such violence may take the form of verbal, psychological, or physical abuse triggered by dissatisfaction with healthcare services, limited facilities, heavy workloads, and ineffective communication. Although the legal protection of healthcare workers has been regulated under various laws and regulations, its implementation in practice remains suboptimal. This study aims to analyse the forms of violence experienced by healthcare workers, the legal responsibilities related to their protection, and the barriers to the implementation of legal protection within healthcare facilities. This study employed a normative-empirical legal research method using statutory, conceptual, and sociological approaches. The research was conducted at Sumbawa Public Health Center, West Nusa Tenggara Province, Indonesia, with healthcare workers serving as the research subjects. Data were collected through interviews, observations, and document studies and were analysed qualitatively. The findings indicate that verbal violence and psychological pressure were the most dominant forms of violence experienced by healthcare workers. The implementation of legal protection for healthcare workers has not been optimal due to the absence of specific standard operating procedures (SOPs) for handling violence, weak security systems, low reporting rates, and a culture of informal conflict resolution. Legal protection remains largely normative and tends to be more repressive than preventive. Therefore, stronger and more operational regulations, the establishment of national SOPs, improved security systems in healthcare facilities, and the implementation of a zero-tolerance policy toward violence in healthcare settings are urgently needed.