JOURNAL EQUITABLE

CRIMINAL LIABILITY OF PERPETRATORS OF SEXUAL VIOLENCE AGAINST CHILDREN (COMPARATIVE STUDY IN INDONESIA AND MALAYSIA)

2026-10-07T13:34:13+07:00

Scientific Sexual violence is defined as a serious violation that attacks the honor, dignity, and physical and mental integrity of a minor. This crime against humanity manifests itself through the exploitation of a child’s physical and psychological vulnerabilities to satisfy sexual desires or gain certain benefits resulting from power imbalances. The prevalence of such cases in society is fueled by a lack of legal compliance, environmental influences, and the inherent vulnerability of children, which leaves them powerless to protect their own safety. This destructive phenomenon continues to show high incidence rates in both Indonesia and Malaysia, even though such acts have been classified as serious criminal offenses under the positive law of each country. The patterns of law enforcement in addressing this issue reveal two significantly different characteristics of criminal policy through a comparative study across jurisdictions. Indonesia’s criminal justice system leans toward an approach that prioritizes victim restoration by imposing sanctions such as imprisonment, chemical castration, and the imposition of material restitution. The Malaysian legal system maintains an aggressive penal character through the mandatory imposition of civil flogging (whipping) with a rattan cane in addition to the primary custodial sentence. All forms of these crimes ultimately have a massive destructive impact on children’s futures, ranging from developmental disorders to deep, long-term psychological trauma.

WEAKNESSES OF THE DIGITAL SURVEILLANCE SYSTEM AT BPJS KESEHATAN WHICH RESULT IN POTENTIAL ABUSE OF POWER

2026-10-07T13:42:35+07:00

The development of information technology has encouraged the state to utilize digital systems. This study aims to analyze why the weakness of digital surveillance has the potential to cause abuse of power by the state and have an impact on the shift in the principle of Rechtsstaat in Indonesia, as well as examine the implementation of state power restrictions in the implementation of digital surveillance to ensure the protection of citizens' privacy rights. The research uses normative juridical methods with a statutory approach and a conceptual approach. The legal materials used consist of primary legal materials in the form of "the 1945 Constitution of the Republic of Indonesia, Law Number 27 of 2022 concerning Personal Data Protection, and Government Regulation Number 71 of 2019, as well as relevant secondary and tertiary legal materials." The analysis was carried out qualitatively by drawing conclusions deductively. The results of the study show that weak digital surveillance can open up opportunities for abuse of authority and abuse of access to citizens' personal data. This condition is contrary to the principles of Modern Constitutionalism and Rechtsstaat which places the law as an instrument limiting state power. The BPJS Kesehatan data leak case shows weaknesses in information security governance and supervision mechanisms for personal data management that have the potential to threaten people's privacy rights. Therefore, it is necessary to strengthen supervision, transparency, accountability, and cybersecurity to ensure that digital surveillance practices remain in line with the principles of the rule of law and the protection.

STAGNATION IN HANDLING CRIMINAL CASES AT THE LEVEL OF INVESTIGATION AND INVESTIGATION AND IMPLICATIONS FOR SELECTIVE ENFORCEMENT IN THE PERSPECTIVE OF THE REGULATION OF THE NATIONAL POLICE CHIEF NO. 6 OF 2019

2026-10-07T13:34:58+07:00

This study analyzes the impact of prolonged stagnation in criminal case handling during the inquiry and investigation stages on the emergence of selective enforcement practices, and examines measures to prevent such practices based on the principles of equality before the law and legal certainty of the Chief of the Indonesian National Police Number 6 of 2019 concerning Criminal Investigation. This research employs a normative juridical method using statutory and conceptual approaches. Data were collected through a literature review of primary, secondary, and tertiary legal materials and analyzed using a deductive method. The findings indicate that stagnation caused by multiple factors, including limited operational budgets, inadequate institutional capacity, evidentiary complexity, weak internal and external oversight. These conditions increase the risk of inconsistent treatment of cases with similar characteristics, creating opportunities for selective enforcement that undermine the rule of law, equality before the law, and legal certainty. Such practices may lead to prosecution expiration, reduced effectiveness of law enforcement, and declining public confidence in the police. The study further finds that Regulation of the Chief of the Indonesian National Police Number 6 of 2019 provides a case title mechanism as an instrument to evaluate investigative obstacles, determine appropriate resolution, and prevent delays. Strengthening the implementation of case mechanisms, transparency in case progress, internal and external oversight, and reforming investigation financing are essential to promote professional, accountable, and impartial law enforcement. These measures are expected to reduce selective enforcement practices, strengthen institutional integrity, and ensure equal legal protection and justice for all citizens.

LIMITS OF TERRITORIAL AUTHORITY OF DOMESTIC COURTS THROUGH THE INTERPRETATION OF THE PRINCIPLE OF UNIVERSALITY AFTER THE DECISION OF THE CONSTITUTIONAL COURT NUMBER 89/PUU/XX/2022

2026-10-07T13:40:25+07:00

Eradicating extraordinary crimes requires extraterritorial jurisdiction to prevent impunity for perpetrators of gross human rights violations. This article aims to examine the limits of domestic court jurisdiction in responding to international crimes through the application of universal jurisdiction. This research is normative legal research employing statutory, conceptual, and case approaches. The collection of legal materials is conducted through library research and then analyzed using the prescriptive analytical method. The findings indicate the court's refusal to expand pure extraterritorial jurisdiction under the pretext of territorial sovereignty and the non-intervention principle. Domestic courts maintain the application of territorial and active personality jurisdictions. This sovereignty limitation creates a void in the judicial mechanism for prosecuting foreign perpetrators for extraordinary crimes abroad. The absence of universal jurisdiction isolates the national legal order from the dynamics of global criminal law

FALSE GUILTY PLEAS IN THE PLEA BARGAIN MECHANISM UNDER THE 2025 KUHAP

2026-10-07T13:47:27+07:00

The 2025 KUHAP introduces a plea bargain mechanism allowing defendants to admit guilt for a reduced sentence, but its procedural design emphasizes formal validity over verifying substantive truth, creating a risk of false guilty pleas. This study analyzes the legal consequences faced by defendants who enter a false guilty plea and evaluates whether Indonesia's legal framework adequately protects substantive truth, using a normative legal method with statutory and conceptual approaches. The findings show that the consequences of a false guilty plea are layered, covering the risk of convicting an innocent person, potential liability for false statements, questions over justice collaborator status, and possible obstruction of justice, each requiring proof of its own legal elements rather than arising automatically. The 2025 KUHAP also does not yet explicitly require judges to conduct an active factual inquiry akin to the factual-basis standard in Boykin v. Alabama, so safeguards should be strengthened through a Supreme Court Regulation, a stronger role for defense counsel, and the involvement of the Witness and Victim Protection Agency (LPSK) to preserve substantive truth.

IMPLEMENTATION OF A RESTORATIVE JUSTICE-BASED CRIMINAL SYSTEM IN THE REFORM OF NATIONAL CRIMINAL LAW BASED ON LAW NUMBER 1 OF 2023 CONCERNING THE CRIMINAL CODE OF THE RIAU REGIONAL POLICE

2026-10-07T13:38:24+07:00

The settlement of criminal acts does not solely focus on the punishment of the perpetrator, but also on the recovery of victims' losses, social harmony, and dignified conflict resolution. Therefore, judges in imposing crimes need to consider the impact of the crime on the victim and the wider community. The formulation of the problem in this study is How to Implement a Restorative Justice-Based Criminal System in the Reform of the National Criminal Law Based on Law Number 1 of 2023 concerning the Criminal Code of the Riau Regional Police and What are the Obstacles and Efforts in the Implementation of the Restorative Justice-Based Criminal System in the Reform of the National Criminal Law, Based on the results of the research, the implementation of restorative justice within the Riau Police has basically reflected the fundamental principles of restorative justice theory In the theoretical framework, restorative justice is understood as a participatory process, where all parties who have an interest in a criminal act, both victims, perpetrators, and affected communities are actively involved to jointly identify the impact of the criminal act and formulate the most appropriate form of settlement, then the implementation of the restorative justice system within the Riau Police is in fact still faced with various challenges that are quite complex and multidimensional. These challenges can be seen from three main aspects in the legal system, namely the legal structure, legal substance, and legal culture

THE APPLICATION OF THE FAIR USE DOCTRINE IN COSPLAY ACTIVITIES AT FESTIVALS AS A MEANS OF PROMOTION

2026-10-07T13:48:58+07:00

Cosplay, which means costume play, is the activity of wearing and portraying fictional characters from anime, manga, or video games. This practice raises legal issues within the copyright regime because it involves the use of protected characters without the permission of the copyright holder. On the other hand, some cosplayer communities believe that this activity falls under the category of fair use because it is generally carried out as a form of creative expression, is free of charge, and is not solely aimed at economic gain. However, the development of the cosplay industry shows the existence of commercial activities, such as costume making services and organizing various festivals, making the line between non-commercial and commercial use increasingly blurred. Meanwhile, for copyright holders, cosplay activities can also provide benefits as an indirect promotional medium for their works. Therefore, a legal study is needed to analyze the position of cosplay practices from a copyright perspective, particularly regarding the application of the principle of fair use under Indonesian copyright law. This study is expected to provide legal certainty that balances copyright protection and space for expression for the cosplay community.

THE POSITION OF CIVIL SERVANT LECTURERS AS ADVOCATES IN THE PERSPECTIVE OF LAW NUMBER 20 OF 2025 CONCERNING THE CRIMINAL PROCEDURE CODE AND ITS JURIDICAL IMPLICATIONS FOR THE ASSISTANCE OF SUSPECTS AT THE INVESTIGATION STAGE

2026-10-07T13:35:46+07:00

This study aims to analyze the legal position of Civil Servant Lecturers (Civil Servant/PNS) as advocates under Law Number 20 of 2025 concerning the Criminal Procedure Code and to examine the juridical implications of such position for providing legal assistance to suspects during the criminal investigation stage. This research is a normative legal study employing a statutory approach, conceptual approach, and case approach. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively using a descriptive-analytical method. The results indicate that the legal position of Civil Servant Lecturers as advocates has obtained constitutional legitimacy through the Constitutional Court Decision Number 150/PUU-XXII/2024, which provides an exception to the prohibition on civil servants practicing as advocates, particularly for law faculty lecturers in carrying out the Tri Dharma of Higher Education, especially community service through legal aid activities. Furthermore, Law Number 20 of 2025 concerning the Criminal Procedure Code strengthens the recognition of legal services as a form of community service, as reflected in Article 1 paragraph 22. The juridical implication of this recognition is the availability of legal avenues for Civil Servant Lecturers who practice as advocates to provide legal assistance to suspects during criminal investigations, including legal consultation, assistance during interrogations, protection of suspects' rights, and other legal remedies aimed at ensuring the implementation of due process of law and the protection of human rights within the criminal justice system.

JURIDICAL ANALYSIS OF THE INCLUSION OF AN EXONERATION CLAUSE ON SPAYLATER SHOPEE APPLICATION RELATED TO ELECTRONIC SIGNATURE LEAKAGE

2026-10-07T13:36:42+07:00

This study examines regarding the SpayLater service the validity of the exoneration clause related to electronic signature breaches, and who should be held liable if such a breach occurs. The methodology employed is a normative legal approach, focusing on legislation and conceptual analysis. Based on the analysis, the exoneration clause contained in the SpayLater agreement which essentially exempts PT Commerce Finance and Privy from liability for the consequences of an electronic signature breach is deemed to violate Article 18(1)(a) of Law No. 8 of 1999 on Consumer Protection. Furthermore, this clause also violates the requirements for the validity of a contract, specifically the fourth requirement known as the objective requirement as stipulated in Article 1320 of the Civil Code. Consequently, the clause is declared null and void. Meanwhile, regarding liability for the data breach, this study confirms that Shopee, as the controller of personal data, and Privy, as the processor of personal data, bear liability under Law No. 27 of 2022 on Personal Data Protection. Shopee and Privy are obligated to ensure the security of the electronic systems they use.

ANALYSIS OF THE FULFILLMENT OF WORKERS' RIGHTS IN TERMINATION OF EMPLOYMENT DUE TO THE CLOSURE OF HAIR AND FALSE EYELASH COMPANIES IN PURBALINGGA REGENCY

2026-08-12T14:00:04+07:00

The closure of a hair and false eyelash manufacturing company in Purbalingga Regency triggered layoffs and raised issues regarding the provision of entitlements to the affected workers. This study aims to examine the factors causing these layoffs due to the company closure and to analyze the role of the Purbalingga Regency Manpower Office in facilitating the fulfillment of workers' rights. The study employs both normative-juridical and empirical-juridical methods, with a descriptive-analytical specification. The normative-juridical method is used to analyze legislation concerning layoffs and workers' rights, while the empirical-juridical approach is used to examine the practical application of these provisions in the field. Primary data were obtained through interviews with industrial relations mediators from the Purbalingga Regency Manpower Office, whereas secondary data were gathered through a review of relevant literature, including legislation, books, and scientific journals. The research findings indicate, firstly, that the layoffs were caused by declining export market demand, rising operational costs, and the company's inability to sustain its business operations. Secondly, the Purbalingga Regency Manpower Office acted as a mediator, facilitating a process that resulted in an agreement on severance pay amounting to 50% of the standard entitlement.