The sexual exploitation of children in Indonesia is a serious crime that threatens the fundamental rights of children and their physical, emotional, and mental development. Cases of child sexual exploitation continue to rise, whether in the form of human trafficking, pornography, or sexual abuse, yet the response remains far from optimal. Although regulations and prevention programs are in place, the lack of coordination among law enforcement agencies and the low level of public awareness are major obstacles to resolving these cases.This (...) study employs a qualitative approach using a normative-empirical method, involving an analysis of the legal framework as well as in-depth interviews with legal practitioners and relevant stakeholders. The results indicate that although there is a strong legal foundation, policy implementation is often hindered by bureaucracy, limited human resources, and low legal awareness in society. Additionally, social stigma against victims exacerbates the situation, especially in rural areas.The study recommends an interconnected approach involving substantive law, legal structure, and legal culture as an effective solution to address the escalation of child sexual exploitation. These findings imply the need for improved inter-agency coordination, law enforcement training, and more extensive public awareness campaigns. (shrink)

This research examines the legal recognition of customary land in Indonesia, reflecting the complexity of the relationship between indigenous communities and the state in managing natural resources within the framework of agrarian legal politics. Legal uncertainty and weak implementation mechanisms affect the recognition of customary land, despite the Constitutional Court Decision No. 35 of 2012 providing a strong legal foundation. Using a qualitative approach, this study analyzes primary and secondary data and conducts in-depth interviews with indigenous communities and legal experts. (...) The findings reveal that despite legal recognition, its implementation on the ground still faces challenges, such as the confiscation of customary land without fair compensation and limited access of indigenous communities to natural resources. Moreover, the involvement of indigenous communities in participatory mapping has proven effective in strengthening customary land claims. This research implies the need to strengthen legal protection mechanisms and increase the involvement of indigenous communities in the recognition and decision-making processes concerning customary land within the broader context of agrarian legal politics in Indonesia. (shrink)

The handling of corruption cases in Indonesia has undergone significant changes, particularly in the application of criminal procedural law aimed at enhancing the effectiveness of corruption eradication. One of the important developments is the implementation of a progressive legal approach that is more adaptive to socio-political dynamics and aims to create substantive justice. However, there is a gap in the consistent application of the lex specialis principle, which has led to legal uncertainty and regulatory loopholes exploited by corrupt actors. This (...) research employs a qualitative descriptive method with in-depth interviews and legal document analysis to explore the paradigm shifts in the enforcement of corruption cases in Indonesia. The findings indicate that the progressive legal approach has succeeded in addressing inconsistencies in the application of lex specialis, increasing legal flexibility through the practice of discretion, and leveraging collaboration with whistleblowers to uncover major corruption cases. The results also show a significant decrease in the number of corruption cases following the implementation of this new paradigm. This approach allows the law to be more responsive to social changes, creates more sustainable justice, and strengthens efforts to eradicate corruption. The implications of this research provide new insights for legal reform in Indonesia, particularly in enhancing the effectiveness of law enforcement against corruption. (shrink)

The principle of freedom of contract is a fundamental tenet in Indonesian civil law, providing parties with the flexibility to regulate agreements. However, the dominance of public law over private law in corruption cases has led to the neglect of the freedom of contract principle. This study identifies a gap in the literature concerning how public law intervention impacts the freedom of contract in corruption court rulings. Utilizing a normative juridical research method, with an analysis of legal documents and court (...) decisions, this study examines cases that initially were civil disputes but were shifted to the realm of criminal law through a public law approach. The findings indicate that in many cases, the courts tend to override the principle of freedom of contract in favor of public interest, resulting in legal uncertainty for the parties involved in contract disputes. Furthermore, public law intervention in corruption cases often transforms the nature of disputes from civil to criminal, thereby reducing contractual autonomy. This research highlights the need for a better balance between public and private law to safeguard the freedom of contract. These findings offer important contributions for policymakers in designing fair regulations in corruption cases involving contractual disputes. (shrink)