PERADABAN HUKUM NUSANTARA

About

  1. Journal Title: Peradaban Hukum Nusantara
  2. Journal Initials: PHN
  3. Journal Abbreviation: PERANTARA
  4. Frequency:  twice a year, in June and December
  5. Online ISSN: 3089-588X
  6. Editor in Chief: Benny K. Heriawanto
  7. DOI: 10.62193
  8. Publisher: Yayasan Transformasi Aksara Digital

PERANTARA (Peradaban Hukum Nusantara)  is a peer-reviewed journal, which aims to accommodate and publish articles related to legal science in general and broadly, both legal dogmatics, legal theory and legal philosophy compiled by academics, researchers or legal practitioners. Specifically, research results related to constitutional law;

Authors are invited to publish articles that are in accordance with the scope of PERANTARA (Peradaban Hukum Nusantara). Please read the information contained in the Author's Instructions on Publication Ethics, Plagiarism Policy, Personal Statement, Writing Guidelines, etc., as well as the review process by reviewers. Articles published in PERANTARA (Peradaban Hukum Nusantara)  will go through a double-blind peer review process in one round and the decision whether to accept the article or not is entirely the right of the editorial team based on the recommendations from the peer review. Please read and understand the author guidelines for manuscript preparation. Authors submitting articles to the editor must follow the author guidelines and templates. If the submitted manuscript does not follow the guidelines or uses a different format, does not fit the scope, and has more than 20% source excluding 2% similarity, it will be rejected by the editorial team before review. The editorial team will only accept manuscripts that meet the specified requirements.

This journal is open to the public and is published twice a year, in June and December.

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Announcements

Current Issue

Volume 2, No. 1Inpress

DOI:https://doi.org/10.62193/zq04hq43

Published 20 June 2025

Articles

  1. Muhammad Husein Murtadho (Author)

    The Meaning of the Phrase “For Public Knowledge” in the Crime of Defamation in Digital Space: Makna Hukum Frasa “Supaya Diketahui Umum” dalam Delik Pencemaran Nama Baik di Ruang Digital

    The expansion of social media as a mode of digital communication has generated new legal challenges in the enforcement of defamation provisions, particularly following the adoption of Article 27(3) of the Electronic Information and Transactions Law. The omission of the phrase “so that it be known to the public” a key element in Article 310(1) of the Indonesian Penal Code obscures the distinction between private insult and public defamation. This study employs normative legal research and prescriptive analysis to evaluate the continuing relevance of that element in establishing criminal liability for online defamation, and its function in delineating the boundary between private and public spheres. The findings suggest that this element remains essential in assessing the communicative intent of the alleged offender, which may be inferred from indicators such as account visibility, use of hashtags, or third-party dissemination. Its exclusion risks eroding the principle of legality and may lead to the unwarranted criminalization of protected expression in digital environments.

  2. Aria Wiratama Heriansyah (Author)

    The Problematic Nature of Presidential Defamation Provisions in a Democratic Rule-of-Law State: Problematika Pasal Penghinaan Presiden dalam Negara Hukum Demokratis

    This study examines the application of defamation provisions against the President and Vice President in the Indonesian Penal Code (Law No. 1 of 2023), particularly within the context of freedom of expression in a democratic state. The research aims to analyze the balance between the protection of public officials and the right to freedom of speech. Using a normative juridical method, this study analyzes legal norms and related defamation cases. The findings show that defamation against the President and Vice President is regulated under Articles 218(1), 218(2), 219, 240, and 241 of the National Criminal Code. Such acts are classified as attacks on dignity, encompassing not only insults but also slander, verbal abuse, and derogatory actions. The criminal elements include an attack on dignity, intent, and dissemination through information technology. These offenses are categorized as formal complaints and aduan offenses. However, the articles suffer from interpretive ambiguity and potentially restrict legitimate criticism, posing risks of power abuse and criminalizing free speech.

  3. Zulfa Zainuddin, Nana Charles Nguindip (Author)

    Constitutional Problem Parameters in Determining the Special Status of Surakarta: Problem Parameter Konstitusional dalam Penetapan Keistimewaan Surakarta

    The proposal to designate Surakarta as a Special Region has reignited debates within the realm of Indonesian constitutional law. This study aims to examine the legal policy direction of the proposal by assessing its compatibility with the principles of constitutional justice and decentralization. The research employs a normative juridical approach and comparative analysis with other special regions, such as Yogyakarta and Aceh. The findings indicate that the absence of explicit legal parameters in Article 18B paragraph (1) of the 1945 Constitution opens space for the politicization of history and the influence of local elite interests. This study proposes two key recommendations: first, the urgency of enacting a specific law that outlines formal legal criteria for special status; second, the importance of developing a regional distinctiveness index as a data-based evaluative instrument. The study concludes that recognition of special status must be grounded in objective standards to ensure equitable decentralization and avoid symbolic, short-term political interests.

  4. Syaifullah Noor, Kamil Ismail Banapon, Tamboa Ketum Levis (Author)

    Distorted Practice of Restorative Justice in the Enforcement of Criminal Law in Indonesia: Distorsi Praktik Restorative Justice dalam Penegakan Hukum Pidana di Indonesia

    Restorative Justice (RJ) as an alternative mechanism for resolving criminal cases aims to restore relationships between offenders and victims through mediation and peaceful agreements. However, the implementation of RJ in Indonesia often deviates from its foundational principles, potentially turning into a form of transactional justice. This study employs a normative legal analysis method combined with case studies of a 2023 rape case in the Ministry of Cooperatives and SMEs and a school arson case in Garut involving Munir Alamsyah. The approach includes statutory review and conceptual analysis of Restorative Justice principles. The findings reveal that weak oversight, regulatory gaps, and lenient interpretations render RJ vulnerable to misuse, often sidelining victims’ rights and resulting in substantive injustice. This paper concludes that the application of RJ in Indonesia requires stricter supervision and regulatory reform to prevent misuse and ensure the protection of victims rights.

  5. Fachurrazi (Author)

    Indonesia’s Legal Obligations toward Rohingya Refugees under Public International Law: Tanggung Jawab Hukum Indonesia atas Pengungsi Rohingya dalam Perspektif Hukum Internasional Publik

    The arrival of Rohingya refugees in Indonesia continues amid the absence of a clear and consistent legal framework for their protection. Indonesia’s position is particularly complex: it has not ratified the 1951 Refugee Convention or its 1967 Protocol, yet remains situated within the normative landscape of public international law. The customary status of the non-refoulement principle offers a critical entry point for assessing the state’s legal responsibilities. This article adopts a normative and doctrinal approach to explore the tension between international legal standards and Indonesia’s domestic policy responses. It examines the extent to which the state bears non-treaty obligations to uphold refugee protection, even without formal ratification. The findings suggest that the current national framework lacks the coherence and legal certainty required to sustain long-term protection. Legal reform, therefore, is not merely a matter of normative alignment, but a reflection of Indonesia’s humanitarian engagement within an increasingly interconnected international legal order.

  6. Mirza Sahputra, Yuriy Vitaliyovych Garust (Author)

    Constitutional Legality of Administrative Island Transfers by Indonesia’s Minister of Home Affairs from a Constitutional Law Perspective: Legalitas Pemindahan Administratif Pulau oleh Mendagri dalam Perspektif Hukum Konstitusi

    This study examines the legality of Minister of Home Affairs Decree No. 300.2.2‑2138 of 2025, which administratively transferred four islands from Aceh Singkil Regency (Aceh Province) to Central Tapanuli Regency (North Sumatra Province). The research focuses on assessing the decree’s compliance with key principles of administrative law, particularly legality, normative hierarchy, and administrative justice in territorial governance. Employing a normative approach and document analysis method, the study finds that the ministerial decision potentially exceeds administrative authority, as it was not based on a statutory revision or government regulation and lacked consultation with affected local governments and communities. These findings highlight the urgent need to strengthen legal oversight over strategic administrative acts to safeguard regional autonomy and jurisdictional certainty. The study recommends judicial review through the Administrative Court and calls for a comprehensive reform of inter-agency coordination mechanisms in resolving inter-provincial boundary disputes