Musamus Law Review

Implications of Food and Baverage Corporate Power Relations for Sexual Harassment Cases

2026-06-23T21:24:17+09:00

Industry development Food and Baverage industry in Indonesia shows rapid growth, this is evidenced by the statistical data of food and baverage business in 2022. This is evidenced by statistical data on food and baverage businesses in 2022 there were only 10,900 businesses. While in the year 2023 there was a high surge of 4, 854,311 businesses. This was accompanied by the high number of sexual harassement cases. According to the Ministry of PPA in 2023-2024 the number of sexual harassment reached 12,836-14,374. Survey data shows that 54.81% of perpetrators of sexual violence in the workplace are supervisors or senior colleagues. With a socio-legal approach and victimology approaches, this research analyzes how hierarchical inequality, work culture and the weakness of the reporting mechanism on the occurrence of sexual harassment. The findings show that hierarchical power relations strengthen the dominance of perpetrators, while victims tend to dare to report sexual harassment. dominance of the perpetrator, while victims tend not to dare to report because of the threat to career continuity. threat to career continuity. This research also highlights the form of corporate liability through the theory of vicarious liability as well as the importance of restitution and legal protection for victims. The result of his study recommend strengthening internal company regulations, socializing employee rights and establishing a safe and pro victim reporting system to prevent sexual harassment in the food and baverage industry sector.

Due Process of Law in Investigations: Analysis of Inter- Institutional Interaction in Makassar

2026-06-23T21:23:46+09:00

This study examines how the principle of due process of law is conceptualized and implemented in police investigations within Makassar's integrated criminal justice system. Using a qualitative, interpretivist approach with interviews and document analysis, the research triangulates views from police investigators, prosecutors, and judges. Findings indicate a broadly shared, holistic understanding of due process that encompasses both procedural and substantive justice, reflected in non-discriminatory treatment of parties and judicial oversight via pretrial review. Implementation is assessed as generally sound; however, practical challenges persist: iterative file returns due to coordination gaps between agencies, social-psychological pressures in managing stakeholder expectations, and uneven adoption and integration of e-systems (e-case management, e-court linkages, and SPPT). These frictions constrain consistency, transparency, and timeliness in investigations. The article proposes a set of operational, organizational, and normative improvements, including the standardization of inter-agency protocols, performance and rights-compliance audits, capacity building in digital workflows, and consolidated data governance, to strengthen accountability. Overall, embedding due process across daily investigative routines and inter-institutional interfaces remains crucial to a fair and trustworthy criminal justice system.

Implementation Challenge Analysis Restorative Justice for Child Narcotics Offenders in Merauke in a Review Lawrence M. Friedman's Legal System Theory

2026-06-23T21:23:05+09:00

This study aims to identify and analyze the challenges of implementing restorative justice for child drug offenders in Merauke using Lawrence M. Friedman's legal system theory. This type of research is empirical legal research. The results of the study indicate that the implementation of Restorative Justice (diversion) for child drug offenders at the Merauke Police Station is low, where data shows that 92.8 % of cases from 2021-2023 continued to formal justice. Based on Lawrence M. Friedman's Legal System Theory, three main obstacles were found: (1) Legal Substance, namely the normative conflict between the Narcotics Law and the Juvenile Criminal Justice System Law where the imposition of articles with a criminal threat of more than seven years automatically invalidates the diversion requirement; (2) Legal Structure, in the form of the absence of the National Narcotics Agency (BNN) at the Regency level and the absence of adequate special rehabilitation facilities for children in Merauke; and (3) Legal Culture, characterized by the strong negative stigma in society that labels children as dealers, thus hindering the process of social reintegration. The lack of synchronization between these three pillars makes it difficult to realize the principle of ultimum remedium in handling children who come into conflict with narcotics law.

Transfer of Individual Rights to the Customary Rights of the Imbuti Customary Law Community in Merauke Regency

2026-06-23T21:46:57+09:00

This study aims to determine the requirements for the transfer of individual rights to customary rights of the Imbuti customary community in Merauke Regency, and to understand the process of transferring individual rights to customary rights of the Imbuti customary community in Merauke Regency.

This research was conducted in Merauke Regency, specifically in Imbuti village. Employing empirical juridical research, the data collection techniques used were field study and literature review.. The data analysis technique used was qualitative.

The results of the study indicate that the transfer of individual rights to the customary rights of the imbuti customary law community must fulfill several customary requirements, including: originating from identity/lineage in the clan, approval from the customary leader (pakas anim), implementation of customary rituals/misar, preparation of attributes in the release, symbolic speech/customary oath, calling the names of ancestors (kuunam), and animal sacrifice/pig toki, planting bamboo on land boundaries, and customary advice. The process of transferring individual rights to the customary rights of the imbuti customary law community is carried out through structured and binding stages according to custom, starting from customary deliberation by pakas anim, continued with ritual preparation by mburaro, implementation of the tiang misar ceremony, recitation of customary oath, direct designation of land boundaries by mitawal, animal sacrifice (pig toki), planting bamboo as a symbol of the transfer of rights and closing with customary advice to the recipient of the rights.