Jurnal Restorative Justice

Kedudukan Hukum Video Game Dalam Sistem Hukum Positif Di Indonesia

Jaya Setiawan Sinaga — 2025-12-29

The rapid growth of the video game industry in Indonesia has transformed the sector from mere entertainment into a significant pillar of the national creative economy. However, the complexity of its internal elements creates juridical challenges regarding how Indonesian positive law provides comprehensive protection. This study aims to analyze the legal standing of video games as multimedia creations within the copyright system and to examine the legal protection of virtual assets and their administrative governance in Indonesia. The research method employed is normative judicial with statutory and conceptual approaches. The results indicate that video games are recognized as independent creations under Article 40 paragraph (1) letter r of Law Number 28 of 2014; however, technically, they constitute multimedia works with multilayered protection encompassing computer code, fine arts, audio, and narratives. From a civil law perspective, virtual assets and game accounts are classified as intangible movable objects possessing real economic value, thereby entitling them to protection against data theft under the Law on Electronic Information and Transactions (UU ITE) and the Personal Data Protection Law (UU PDP). Furthermore, the state exercises administrative intervention through the Indonesia Game Rating System (IGRS) for content classification and the recognition of esports as a performance sport, which mandates the institutionalization of legal entities. The study concludes that video game protection in Indonesia has been integrated through various legal regamees—intellectual property rights, civil law, and administrative regulations—to ensure legal certainty for developers and protection for consumers within the digital ecosystem.

Kearifan Lokal Dalam Adaptasi Penyelesaian Sengketa Tanah Akibat Ekspansi Investasi: Studi Kasus Pada Masyarakat Adat Di Merauke

Yuldiana Zesa Azis — 2026-01-03

Large-scale investment expansion in plantation development, food estates, and strategic infrastructure has intensified land conflicts between indigenous communities and investment actors in Merauke Regency. This article examines how the local wisdom of the Malind indigenous community functions as an adaptive strategy for resolving land disputes within an asymmetrical legal pluralism regime. Employing a qualitative socio-legal approach, this study is based on case studies conducted in Wasur, Rawa Biru, Sota, Erambu, and Yanggandur villages through in-depth interviews, participant observation, and document analysis. The findings reveal that land conflicts primarily stem from overlapping claims between customary land (ulayat) and investment concessions legitimized by state law. In the absence of meaningful access to formal legal mechanisms, the Malind community relies on customary deliberation, symbolic rituals, and clan origin narratives as mechanisms of conflict resolution and forms of counter-hegemonic legality. Drawing on legal pluralism, critical agrarian studies, and political ecology, this article argues that local wisdom should be understood not merely as cultural practice but as a form of non-state legality with political significance in defending indigenous living spaces. The study highlights the need for substantive recognition of customary law and indigenous territories as integral components of equitable agrarian governance and investment policy.

Melampaui Pendekatan Legalistik: Hukum Adat Marind Sebagai Basis Keadilan Restoratif Dalam Penanganan Anak Berhadapan Dengan Hukum (Studi Di Kabupaten Merauke, Papua Selatan)

Anton Johanis Silubun — 2026-01-03

The handling of Children in Conflict with the Law (CICL) within Indonesia’s juvenile justice system continues to face significant challenges, particularly the dominance of a legalistic and procedural approach that insufficiently addresses the social and cultural dimensions of children’s lives. This issue becomes more complex in indigenous communities where customary legal systems function as living norms for conflict resolution. This study aims to examine the role of Marind customary law in handling CICL cases in Merauke Regency, assess its compatibility with restorative justice principles, and formulate an integrative model that harmonizes customary law and state law. Employing an empirical juridical approach, data were collected through semi-structured interviews, participatory observation, and document analysis. The findings reveal that CICL handling remains largely formalistic, limiting the involvement of indigenous institutions and weakening children’s social reintegration. Conversely, Marind customary law demonstrates conflict resolution mechanisms aligned with restorative justice principles, emphasizing deliberation, social responsibility, and relational restoration. This study proposes a hybrid model of CICL handling that positions customary institutions as primary mediators, supported by law enforcement authorities to ensure the protection of children’s rights. This model contributes to the operationalization of legal pluralism and offers a practical policy alternative for reforming the juvenile justice system in South Papua.

INTEGRASI MEKANISME DIVERSI DENGAN KEARIFAN LOKAL SUKU MARIND DALAM PENYELESAIAN TINDAK PIDANA YANG DILAKUKAN ANAK ASLI PAPUA

Marlyn Jane Alputila — 2026-01-05

This research aims to analyze the juridical synchronization between the diversion mechanism as regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law) and the child case resolution procedures according to the customary law of the Marind Tribe in South Papua Province. Utilizing a socio-legal research method analyzed through Legal Pluralism Theory and Restorative Justice Theory, the results indicate that philosophically, there is an alignment of values between the principles of national restorative justice and the local wisdom of the Marind Tribe, both of which prioritize the restoration of social balance. However, juridically and normatively, a significant obstacle exists in the formal requirements of Article 7, Paragraph (2) of the SPPA Law, which restricts diversion only to offenses punishable by less than seven years of imprisonment. This creates a legal gap where customary settlements completed at the community level are often not legally recognized within the formal judicial administration. This study concludes that procedural synchronization can only be achieved by optimizing the Papua Special Autonomy Law as a juridical bridge to provide discretion for the implementation of Marind customary law within the national juvenile criminal justice system.

Keywords: Diversion, Indigenous Papuan Children, Marind Tribe, South Papua, Juridical Synchronization.