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.