YUSTISIA MERDEKA : Jurnal Ilmiah Hukum

Effectiveness Of Implementing Rehabilitation Of Narcotics Criminals In An Effort To Prevent The Risk Of Recidivism And Overcrowded Residents In Correctional Institutions

Dimas Alseta Putra — 2026-06-02

Abstract

Introduction to the Problem: The implementation of rehabilitation at the Class IIA Madiun Youth Penitentiary is one of the author's chosen locations for research on the rehabilitation process and the inhibiting factors in drug rehabilitation, as stipulated in Law Number 35 of 2009 concerning Narcotics. This research is intended to be an effort to prevent recidivism and inmate overcrowding.

Purpose/Study Objectives: The implementation of rehabilitation at the Class IIA Madiun Youth Penitentiary has been effective in preventing overcrowding and recidivism and inhibiting factors for the implementation of narcotics rehabilitation at the Class IIA Madiun Youth Prison.

Design/Methodology/Approach: The research approach used in this study is a sociological legal approach. The data sources used are primary and secondary. Primary data in this study will be obtained from interviews and observations of the research subjects and related parties. Secondary data will be obtained from document or literature studies sourced from regulations, journals, books, guidelines, and other sources related to the research topic.

Findings: The implementation of this program has been adjusted to several relevant regulations, which will later serve as references and guidelines. Currently, there are obstacles encountered in its implementation. The biggest obstacles lie in regulations and supporting infrastructure for the program. To overcome these obstacles, the Class IIA Madiun Youth Prison has developed a method that will serve as a shared guideline for implementing the rehabilitation of drug inmates.

Paper Type: Research Article

Legal Protection for People with Mental Disorders (ODGJ) as Victims of Rape Resulting in Pregnancy

Rahmadiani Kartika Lestari — 2026-06-02

Introduction to the Problem: Sexual violence against people with mental disorders (ODGJ) creates double vulnerability, with victims facing the trauma of rape and limited access to justice. This issue is exacerbated by the resulting pregnancy, and even worse, the birth of a child from the crime.

Purpose/Study Objectives: From this problem, this study aims to understand the legal protection for people with mental disorders (ODGJ) who become pregnant as a result of the crime of rape.

Design/Methodology/Approach: The research method used in this study is Empirical Legal Research with a qualitative approach, with data collection techniques through in-depth interviews.

Findings: The results of this study conclude that legal protection for people with mental disorders (ODGJ) who are victims of rape resulting in pregnancy is currently inadequate and faces gaps in implementation in the field. ODGJ are doubly vulnerable due to stigma and mental health conditions that hinder their ability to resist, report, and access justice. Ideal protection should be comprehensive and non-discriminatory, and provide ongoing psychological rehabilitation to address multiple traumas. Furthermore, if the pregnancy continues to childbirth, the focus of legal protection must shift entirely to guaranteeing the rights to life, growth, and development of the child born from the crime.

Paper Type: Research Article

ATR/BPN Regulation Policy Number 2 of 2024 Concerning the Moratorium on Protected Rice Field Land Reviewed from the Perspective of Legal Objectives (Benefit)

Dinda Shabila Fajrin — 2026-06-02

Abstract

Introduction to the Problem: The main problem in this study is the urgency of the moratorium policy for the establishment of the Regulation of the Ministry of Agrarian and Spatial Planning/National Land Agency (ATR/BPN) Number 2 of 2024 concerning Protected Rice Fields (LSD) and the moratorium policy is reviewed from the perspective of Utilization.

Purpose/Study Objectives: This study aims to analyze the urgency of the moratorium policy for the stipulation of the Regulation of the Ministry of Agrarian and Spatial Planning/National Land Agency (ATR/BPN) Number 2 of 2024 concerning Protected Rice Fields (LSD) and the moratorium policy from the perspective of Utilization.

Design/Methodology/Approach: This study uses normative legal research methods with a statutory approach (Statue approach) and a conceptual approach (Conceptual approach). Legal materials consist of primary legal materials, secondary and tertiary legal materials and qualitative descriptive analysis is carried out.

Findings: The urgency of the moratorium policy on Protected Rice Fields (LSD) as stipulated in the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 2 of 2024 is not just an administrative instrument, but a manifestation of progressive legal policies that also provide preventive legal protection against the threat of land degradation, which in turn makes a real contribution to national food sovereignty. From the point of view of legal benefits, the policy of suspending Protected Agricultural Land can be seen as an action of state intervention to achieve a balance between development interests and the protection of agrarian resources.

Paper Type: Research Article

Application Of The Expiry Period For The Division Of Joint Property After Divorce Based On The Principle Of Legal Certainty

Nurul Rosida — 2026-06-02

Abstract

Introduction to the Problem: This study aims to determine the statute of limitations on the distribution of joint assets after divorce and the factors that hinder the implementation of the statute of limitations on joint assets after divorce.

Purpose/Study Objectives: The application of the statute of limitations on the distribution of joint property after divorce based on the principle of legal certainty, and factors inhibiting the application of the statute of limitations on joint property after divorce.

Design/Methodology/Approach: The research method used in this research is normative juridical by taking an approach to the Law. Law (statute approach) and conceptual approach (conceptual approach).

Findings: There is a limitation on the period for filing a lawsuit for joint property acquired between husband or wife during the marriage to ensure legal certainty. The obstacles experienced regarding the application of the statute of limitations for joint property lawsuits can occur due to strong local customs, strong cultural influences between communities in each region, and a lack of understanding in the community regarding joint property. Therefore, the way to overcome this is by frequently socializing to provide an understanding to the community regarding what the statute of limitations and joint property are.

Paper Type: Research Article

Goal-Based Evaluation Model of the Vocational Development Program for Narcotics Inmates at Class IIA Lombok Barat Correctional Facility

Aldy Ferdiawan — 2026-06-02

Abstract

Introduction to the Problem: Vocational development programs in correctional institutions are designed to equip inmates with life skills to reduce recidivism and support social reintegration. However, the effectiveness of the program at Class IIA Lombok Barat Correctional Facility, particularly for narcotics inmates, has not been comprehensively evaluated, making it difficult to assess the achievement of its intended objectives.

Purpose/Study Objectives: This study aims to evaluate the implementation of the vocational development program for narcotics inmates at Class IIA Lombok Barat Prison and to identify the challenges faced during its execution.

Design/Methodology/Approach: The research adopts a qualitative method with a goal-based evaluation approach, employing in-depth interviews, participatory observation, and document analysis. The data were analyzed inductively to examine the alignment between program objectives and actual outcomes.

Findings: The results reveal that program effectiveness is constrained by limited availability of tools, materials, and facilities, which hinder vocational training activities such as wood carving, culinary arts, welding, and batik-making. Inmates generally require intensive guidance as their basic skills are underdeveloped. While the program positively enhances productivity, patience, and self-confidence, its connection to post-release employment opportunities remains weak. Additional challenges include shortages of resources, limited training time, and internal issues such as inmate motivation and discipline. These findings highlight the importance of improving funding systems, resource management, and individualized approaches to ensure program sustainability and strengthen rehabilitation outcomes.

Paper Type: Research Article

Keywords: Vocational Development; Narcotics Inmates; Correctional Facility; Rehabilitation; Social Reintegration

Cognitive Behavior Modification (CBM) Approach in Stress Management among Long-Term Inmates at Class IIA Correctional Facility Cikarang

Zain Difa Waliyudin — 2026-06-02

Abstract

Introduction to the Problem: Stress is a significant psychological challenge for long-term inmates caused by restricted freedom, separation from family, and the burden of lengthy sentences. These conditions often lead to negative thought patterns, maladaptive behaviors, and hinder the rehabilitation process.

Purpose/Study Objectives: This study aims to analyze the implementation of Cognitive Behavior Modification (CBM) in managing stress among long-term inmates at the Class IIA Correctional Facility Cikarang.

Design/Methodology/Approach: The research employs a descriptive qualitative approach through interviews, observations, and documentation to explore inmates’ experiences and psychological dynamics in participating in CBM-based rehabilitation programs.

Findings: The results show that CBM is applied through religious, intellectual, and social development programs that help restructure negative cognitions, foster coping strategies, and strengthen resilience. However, several barriers remain, including low self-awareness, lack of motivation, negative stigma, limited psychological support, and inconsistent participation. These findings suggest that the success of CBM depends on inmates’ internal motivation, professional support, and the continuity of a rehabilitative environment.

Paper Type: Research Article

Keywords: Cognitive Behavior Modification; Stress Management; Long-Term Inmates; Correctional Facility; Rehabilitation

Legal Review And Judge's Considerations Regarding The Existence Of Substitute Heirs (Religious Court Decision Number 138/Pdt.P/2021/PA.Grt and Number 68/Pdt.P/2023/PA.JS)

Andi Bintang Oktavinda — 2026-06-02

Abstract

Introduction to the Problem: The main problem in this study is how the similarities and differences in the position of substitute heirs in obtaining their inheritance rights based on Religious Court Decisions Number 138/Pdt.P/2021/PA.Grt and Number 68/Pdt.P/2023/PA.JS, and how the judges view the two decisions.

Purpose/Study Objectives: This study aims to analyze the similarities and differences in the application of the law regarding substitute heirs in the two decisions, as well as to reveal the judge's views in determining decisions based on legal facts and applicable provisions.

Design/Methodology/Approach: This research uses a normative legal research method with a statutory approach (statute approach) and case study approach (case approach). Data were obtained from a literature study of laws and regulations, the Compilation of Islamic Law (KHI), and official copies of the court decisions studied.

Findings: The research results show that both decisions share similarities in recognizing the validity of Article 185 of the Compilation of Islamic Law (KHI), which grants rights to successor heirs. However, there are differences in the distribution of inheritance shares and recognition of lineage relationships, which are influenced by the facts and evidence presented at trial. The judges' views in both decisions reflect a balance between the application of legal norms, the principle of justice, and the specific circumstances of the parties.

Paper Type: Research Article

Optimization of the Public Prosecutor’s Function as Dominus Litis in Preventing Repeated Returns of Case Files

Egy Chandra Nur Sandya — 2026-06-02

Introduction to the Problem: The repeated return of criminal case files by public prosecutors to investigators remains a procedural problem in Indonesia’s criminal justice system. This practice reflects weak coordination between investigators and prosecutors, differences in evidentiary interpretation, and the absence of clear procedural limitations regarding the return of case files. Such conditions hinder legal certainty, delay criminal proceedings, and negatively affect the protection of human rights.

Purpose/Study Objectives: This study aims to analyze the optimization of the public prosecutor’s function as dominus litis in preventing repeated returns of criminal case files within the Indonesian criminal justice system.

Design/Methodology/Approach: This research employs a normative legal research method using statutory and conceptual approaches. Legal materials consist of primary, secondary, and tertiary legal sources collected through library research and analyzed qualitatively using a descriptive-analytical method.

Findings: The study reveals that the repeated return of criminal case files is caused by weak coordination between investigators and prosecutors, differing interpretations regarding evidentiary standards, limited prosecutorial involvement during investigations, and regulatory gaps within the Indonesian Criminal Procedure Code (KUHAP). The optimization of the prosecutor’s function as dominus litis may be achieved through strengthening prosecutorial authority in supervising investigations, improving institutional coordination from the issuance of the Notice of Commencement of Investigation (SPDP), harmonizing evidentiary standards, reforming criminal procedural law, and implementing integrated digital case administration systems. These measures are expected to increase efficiency, legal certainty, accountability, and public trust within Indonesia’s criminal justice system.

The Legal Certainty Regarding The Division of Movable Property in Marriages Between People of Different Religions, According to The Civil Code

Bayu Yulistio Hidayat — 2026-06-02

Introduction to the Problem: The problem arises from court rulings that disregard the rights of the husband and grant all of the marital property to the heir’s full siblings. This could potentially conflict with Article 852 of the Civil Code and the final draft of the regulations.

Purpose/Study Objectives: To analyze the legal certainty regarding the division of inheritance from marital property in cases of marriages between people of different religions, as stipulated in the Civil Code (KUHPerdata), particularly in situations where there are no children and the husband serves as the heir.

Design/Methodology/Approach: This study employs a normative legal approach, using both legislative and case-based analysis. The analysis is based on the Supreme Court’s ruling No. 1120 PK/Pdt/2025.

Findings: The research findings show that, as a matter of principle, the husband is considered the first in line to inherit property. He also retains the right to his wife’s dowry, even in the absence of any children. Decisions that ignore these rights reflect a disconnect between legal norms and actual judicial practice, thereby creating legal uncertainty. Therefore, it is necessary for judges to apply the provisions of the Civil Code consistently, in order to ensure legal certainty, fairness, and protection of all parties involved in inheritance matters.

Legal Protection for Journalists Against Cyber Threats from the Perspective of the Press Law and the Electronic Information and Transactions Law

Gilbran Rahardian — 2026-06-02

Introduction to the Problem: The development of information and communication technology has brought significant changes to journalistic practices in Indonesia, particularly through the utilization of digital media and cyberspace in press activities. On the other hand, such developments have also given rise to various cyber threats against journalists, including account hacking, digital intimidation, doxing, dissemination of personal data, and criminalization through electronic media. These conditions create legal issues concerning the protection of press freedom and the digital security of journalists in carrying out their journalistic functions.

Purpose/Study Objectives: This study aims to analyze the forms of legal protection afforded to journalists against cyber threats based on Law Number 40 of 1999 concerning the Press and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law), as well as to examine the legal certainty of journalist protection within the digital sphere.

Design/Methodology/Approach: This study employs a normative legal research method using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources obtained through library research, which are subsequently analyzed qualitatively through methods of legal interpretation.

Findings: The results of the study indicate that the Press Law and the ITE Law have normatively provided legal protection for journalists, both through guarantees of press freedom and regulations concerning cybercrime. However, such protection has not yet fully ensured legal certainty, as there remain overlapping regulations and the application of multi-interpretative provisions within the ITE Law that have the potential to criminalize journalists. Therefore, regulatory harmonization and the strengthening of digital security protection for journalists are necessary in order to safeguard press freedom and the protection of human rights in the digital era.