Jurnal Bina Mulia Hukum

Sarak Opat Considerations in the Application of Parak Customary Sanctions (Exile) Against Jarimah Khalwat Perpetrators

Suhartini Suhartini, Achmad Surya, Andrean Ramadhan — Tue, 31 Mar 2026 00:00:00 +0000

In Gayo society, khalwat (illicit sexual relations) is punishable by customary sanctions in the form of parak (exile). However, in practice in several villages in Central Aceh Regency, perpetrators of khalwat are often immediately subjected to severe parak sanctions without first going through a stage of counselling or written warnings. This study aims to determine the process of applying customary sanctions and the considerations of the sarak opat in imposing sanctions on perpetrators of khalwat. The novelty of this research lies in the integration between the values of Gayo customary law and the principle of restorative justice in the context of non-litigation law enforcement based on local wisdom. This type of research is empirical law using primary data obtained directly from the field and secondary data or reference data. The results indicate that the implementation of parak sanctions is carried out through a structured process, starting with complaints, mediation, customary court hearings, and then implementing the decision. The primary considerations for Sarak Opat include religious, legal, socio-cultural, and public security aspects. However, violations of customary procedures were found in the form of exile without prior warning, potentially raising substantive justice issues.

Reforming Patent Law in the Age of Artificial Intelligence

Muhamad Rizal, Sinta Dewi, Agus Taryana — Tue, 31 Mar 2026 00:00:00 +0000

The rise of AI as a creator challenges patent law's human-centered perspective, which exclusively sees creators. AI innovations aren't covered by Indonesia's Patent Law No. 13 of 2016. The national patent system is confusing concerning who invented, owns, and is liable. This paper examines the normative opportunities and problems of revising Indonesia's patent system to include AI-generated ideas while retaining legal clarity, equity, and international intellectual property norms. This work uses normative and comparative legal analysis to support a progressive patent system reform in Indonesia by introducing a hybrid inventorship model that recognizes human–AI collaboration. This study uses statutory, conceptual, and comparative frameworks for normative juridical research. It analyses primary, secondary, and tertiary legal materials, including Indonesia's patent legislation, WIPO recommendations, and comparative jurisprudence from the US, EU, and China. Our study reveals that Indonesia's patent laws are still anthropocentric and unsuited for AI-generated ideas, producing legal ambiguity and insufficient innovation incentives. Some countries have human inventors but are incorporating AI-assisted inventions. Indonesia must restructure its legal system with a hybrid inventorship strategy that ensures responsibility, transparency, and technological adaption.

Dynamics of Judicial Review of Presidential Candidate Requirements from the Perspective of Citizens' Constitutional Rights

Renaldy Eka Putra, Budiyono Budiyono — Tue, 31 Mar 2026 00:00:00 +0000

The presidential threshold in Article 222 of Law 7/2017 has triggered long-standing constitutional debates. While previously upheld as an open legal policy, it is often criticized for limiting citizens' rights to be elected and participate equally in elections. This study aims to analyze the shifting dynamics of the Constitutional Court's stance regarding Article 222 from 2017 to 2025, specifically focusing on the transition from rejecting petitions to granting the judicial review in Decision Number 62/PUU-XXII/2024. This research provides a fresh perspective by tracking the judicial evolution leading to the landmark 2024 decision, highlighting a significant departure from previous jurisprudence regarding presidential candidacy thresholds. The study employs a normative juridical method with doctrinal and decisional approaches, analyzing Constitutional Court decisions directly related to the presidential threshold review. The findings reveal a shift from prioritizing lawmakers' discretion to protecting constitutional rights and equality in presidential nominations. While eliminating the threshold expands political participation and strengthens substantive democracy, it simultaneously creates new constitutional challenges regarding the relationship between the Court and lawmakers.

Optimizing the “Fair Use” Policy on Copyright Utilization on Digital Platforms in Support of Academic Innovation

Happy Yulia Anggraeni, Erna Listiawati, Yuyut Prayuti — Thu, 07 May 2026 06:16:24 +0000

Rapid digital transformation has introduced new challenges related to copyright regulation, especially in the fields of education and research. Rigid copyright policies limit open access to scientific resources, hinder collaboration, and slow down innovation. This study analyzes the impact of “fair use” policies on the accessibility of copyrighted digital resources by academics and the weaknesses of their implementation in Indonesia, accompanied by a reformulation of policies that are more in line with global demands and accelerate access to knowledge. This study fills a gap in copyright research in Indonesia by examining the application of “fair use” policies in the digital context for education and research. Unlike previous studies, this research compares Indonesia's legal system with international best practices, offering more flexible and adaptive policy solutions to digital dynamics. Using a legal-normative approach, combining analysis through legislative, conceptual, and comparative approaches to formulate more relevant copyright policy recommendations. The research shows that “fair use” policies in Indonesia are still limited, causing legal uncertainty in accessing non-commercial scientific materials. Unlike more flexible legal systems in countries such as the US, policies in Indonesia need to be reformed to support open access, innovation, and international collaboration in the academic world.

State and Investigator Liability in Wrongful Shooting Compensation through Pretrial with Splitting Cost Scheme

Geofani Lingga Meryadinata, Shihaf Ismi Salman Najib — Tue, 31 Mar 2026 00:00:00 +0000

Cases of wrongful shootings by law enforcement officers constitute serious human rights violations within Indonesia’s criminal justice system. Although a pretrial mechanism exists to seek compensation, its implementation raises concerns, particularly regarding the imbalance of responsibility between the state and individual investigators. This study aims to examine the legal framework governing compensation for victims of wrongful shootings through pretrial mechanisms and to propose a splitting cost scheme as an alternative model for allocating responsibility. Using normative legal research with doctrinal, statutory, conceptual, sociological, and case approaches, this study analyzes relevant legal norms and pretrial decisions. The findings indicate that the current system places full financial responsibility on the state, without adequately addressing individual accountability of investigators involved in the incident. This condition weakens the principle of personal responsibility in law enforcement practices. The proposed splitting cost scheme offers a proportional distribution of compensation burdens between the state and investigators, based on factors such as individual fault, operational circumstances, and economic capacity. This model not only promotes fairness but also aligns with restorative justice principles. Furthermore, it encourages greater accountability within law enforcement institutions and contributes to the development of a more balanced and responsible criminal justice system in Indonesia.

Legal Protection of Ulos Batak Toba Motifs as a Geographical Indication in Preserving Intangible Cultural Heritage

Parlaungan Gabriel Siahaan, Dewi Pika Lbn Batu, Ramsul Nababan, Junaidi Junaidi — Tue, 31 Mar 2026 00:00:00 +0000

The traditional motifs of Ulos Batak Toba, as an important element of intangible cultural heritage, hold strong cultural and economic value. However, the absence of optimal legal protection and lack of local regulations make these motifs highly vulnerable to misuse, counterfeiting, and commercialization without benefiting local communities. This study aims to analyze the current state of legal protection for traditional Ulos Batak Toba motifs as potential geographical indications and to identify measures that local governments can take to strengthen such protection for sustainable cultural preservation. This research highlights the urgency of integrating local government regulations with the national geographical indication framework to protect intangible cultural assets, an aspect that has received limited scholarly and policy attention. The study applies a normative juridical approach with data from literature review, analyzed using the Miles and Huberman model through reduction, display, and verification. The findings indicate that although local governments play a critical role in protecting Ulos Batak Toba motifs, limited understanding and weak regulations hinder effective implementation. Stronger local policies and increased public awareness are essential to prevent counterfeiting and promote the cultural and economic value of these traditional motifs.

Gold-Indexed Agricultural Pawn in Islamic Law Perspective: Between Gharar, Riba, and Justice

Nurhayati Nurhayati, Ardiansyah Ardiansyah, Ahmad Abbas, Nurpadilla Nurpadilla — Tue, 31 Mar 2026 00:00:00 +0000

The use of farmland as collateral has become a quick financing alternative for rural communities in Majene Regency that lack access to formal financial institutions. This practice is increasingly prevalent and raises legal concerns when the collateral’s value is indexed to fluctuations in the gold price. This study aims to examine how the community implements the farmland pawn scheme linked to gold and to evaluate its compliance with Islamic economic law, particularly regarding elements of gharar, riba, and the principle of justice. This research offers a critical analysis of an agricultural pawn mechanism indexed to gold-an area seldom addressed in Islamic economic law scholarship-by assessing its legal inconsistencies and proposing a reconstructed contract model. A descriptive-qualitative design was employed using a normative-theological approach, supported by field interviews and an extensive literature review to analyse the contractual structure and its legal implications. The study finds indications of riba qardh due to additional repayment without a productive basis, and gharar fakhisy arising from uncertainty about the total debt valuation. These conditions conflict with the justice principle in maqashid sharia, as pawnholders obtain double benefits while pawn-givers incur double losses. The research proposes reconstructing the Rahn contract by applying qardh hasan without additional charges and incorporating a profit-sharing scheme for farmland yields.

The Non-Penal Paradigm in Modern Criminal Procedure: A Conceptual Analysis of the Regulation of Actions Beyond the Main Criminal Code in the National Criminal Code

Rasina Padeni Nasution, Ali Yusran Gea, Muhammad Yasin Ali Gea, Calvin Calvin — Tue, 31 Mar 2026 00:00:00 +0000

The enactment of the National Criminal Code (Law Number 1 of 2023) introduces a significant conceptual development in Indonesian criminal law through the formal recognition of measures (maatregel) as non-penal responses to criminal acts. This study examines the conceptual problem underlying the separation between punishment and measures, questioning whether measures function merely as complementary instruments or represent a paradigmatic reconfiguration of the objectives of criminal law. Using a normative juridical method with statutory and conceptual approaches, this research analyzes the theoretical foundation of measures within the framework of modern penal policy and the dual track system. The study argues that the regulation of measures reflects a structural shift from a retributive orientation toward a model emphasizing correction, rehabilitation, and social protection. Conceptually, measures reposition criminal law as an adaptive mechanism that integrates legal certainty with proportionality and preventive rationality. The novelty of this research lies in clarifying the analytical role of measures as an autonomous conceptual category that reshapes the relationship between culpability, responsibility, and state intervention beyond conventional punitive logic. These findings demonstrate that the new KUHP not only expands judicial discretion but also redefines the function of criminal law in addressing complex social harms.

Beyond Physical Accessibility: Legal Barriers to Digital Ticketing Systems for Visually Impaired Commuters

Arikha Saputra, Budi Santoso, Budi Ispiyarso, Sapto Budoyo, Antono Adhi — Thu, 07 May 2026 00:00:00 +0000

This study examines the implementation and legal barriers of digital public transportation ticketing systems for visually impaired passengers in Indonesia. While transportation digitalization offers benefits to most users, visually impaired individuals face significant challenges due to unfriendly application designs and regulations that do not facilitate comprehensive digital access. Digital ticketing systems are often incompatible with screen-reading devices, lack voice capabilities, and lack regard for universal design principles. The uniqueness of this study lies in its focus on the legal aspects and imperfections in regulatory implementation, rather than solely on the technical limitations often discussed in previous studies. The method used is normative juridical, employing a legal analysis approach to Law Number 8 of 2016 and related regulations. The results indicate that although national law guarantees the right to accessibility, its implementation in digital ticketing services remains inadequate, both in terms of technical regulations, oversight, and sanctions for service providers who fail to comply. This study suggests the need for digital accessibility standardization, increased technical understanding of service providers, and affirmative policy support to make transportation systems more user-friendly for people with disabilities, especially the visually impaired.

The Dilemma of Wiretapping in Corruption Crimes in Indonesia: A Legal Reform Perspective Based on Human Rights

Artha Febriansyah, Suci Flambonita, Desia Rakhma Banjarani, Vera Novianti — Thu, 07 May 2026 00:00:00 +0000

Introduction to the Problem: Wiretapping in corruption cases serves as a vital instrument to uncover concealed and systemic crimes; however, its application raises constitutional and ethical concerns, particularly regarding the protection of privacy and human dignity.
Purpose/Study Objectives: This study aims to examine the legal and political framework of wiretapping in Indonesia and to propose a human rights–based legal reform.

Novelty: This study offers a reformulation model of wiretapping regulation grounded in a constitutional and human rights analytical framework, integrating the principles of legality, necessity, and proportionality.
Methodology: This research employs a normative-juridical method using statutory, conceptual, and comparative approaches, supported by the analysis of judicial decisions and legal doctrines.
Results/Findings: The findings reveal that wiretapping regulations in Indonesia remain fragmented across sectoral laws, leading to legal uncertainty and potential abuse of authority. This study proposes the establishment of a comprehensive Wiretapping Act regulating authorization procedures, limits surveillance powers, data governance, and independent mechanisms. Judicial authorization and strict limitations on the scope and duration of interception are essential to ensure accountability. By incorporating constitutional principles and international human rights standards, this reformulation positions wiretapping as a legitimate investigative tool while safeguarding fundamental rights within a democratic rule of law.