Collegium Studiosum Journal

ANALISIS PERJANJIAN PRA NIKAH YANG DILANGSUNGKAN DI DALAM PERKAWINAN MENURUT HUKUM POSITIF DI INDONESIA

Vito Qobul Choliek — 2025-12-24

Prenuptial agreements are still often perceived negatively by some members of the public, because they are considered contrary to the value of decency and have the potential to cause prejudice and distrust between prospective spouses. Then, there are still a number of couples who only realize the urgency of making a prenuptial agreement after the marriage is held, so they assume that making the agreement is no longer juridically possible because the marriage bond has been valid and binding according to the provisions of the legislation. The purpose of this study is to determine and analyze the prenuptial agreement in the invitation laws and regulations in Indonesia as well as to determine and analyze the prenuptial agreement directly in marriage after the decision of the Constitutional Court. This research uses normative juridical legal research, which is one type of legal research methodology that bases its analysis on applicable laws and regulations and is relevant to the legal issues that are the focus of the research. Indonesia has three main legal bases governing pre-nuptial agreements, namely Law No. 16/2019 on the Amendment to Law No. 1/1974 on Marriage, the Compilation of Islamic Law (KHI), and the Civil Code (KUH Perdata) and coupled with Constitutional Court Decision No. 69/PUU-XIII/2015. These rules have regulated in detail the substance, terms, and procedures of this agreement. After the Constitutional Court Decision No. 69/PUU-XIII/2015, the agreement can also be made after the marriage takes place, as long as it does not violate the law, religion, and decency and does not harm third parties. The emergence of the Constitutional Court's decision No. 69/PUU/XII/2015, related to the pre-marital agreement that can be made by the husband and wife after the marriage takes place. The law gives freedom to everyone to make agreements in any form and content as long as it does not conflict with the provisions of laws and regulations, decency, and public order.

STUDI KOMPARATIF SEJARAH PERADILAN MILITER DI INDONESIA DENGAN PERADILAN ANGKATAN BERSENJATA DI MALAYSIA

Gunawan Widjaja — 2025-12-24

The military court system in Indonesia is the implementation of judicial authority within the military to enforce just and fair legal proceedings. (See: Selected Cases in Military Court Proceedings. https://dilmil-aceh.go.id/tentang-peradilan-militer/) Meanwhile, the military court system in the Kingdom of Malaysia is a military judicial institution that forms part of the integrated military power structure. It also carries out the task of safeguarding the integrity of the territory and sovereignty of the Kingdom of Malaysia, protecting it from various threats and disturbances from within and without. This research uses the normative legal method. The results of this research reveal fundamental differences between the military court system in the Republic of Indonesia and that of the Kingdom of Malaysia. The military justice system in the Republic of Indonesia is an independent system, not part of the general justice system. This is because it has the primary duty of maintaining integrity; protecting and defending the sovereignty of the nation and state. Meanwhile, the military court of the Armed Forces of the Kingdom of Malaysia has the responsibility of supporting civil authority in countering international disturbances, maintaining public order, handling natural disasters, and participating in national development programmes.

PERTANGGUNGJAWABAN PIDANA DENGAN PRINSIP MIRANDA RULE DALAM BIDANG KESEHATAN DAN K3 RUMAH SAKIT

Sunariyo Sunariyo — 2025-12-24

The Miranda Rule is a fundamental principle in criminal law that guarantees the human rights of individuals facing legal proceedings. In the context of occupational health and safety (OHS) services in hospitals, the application of the Miranda Rule can be a challenge, given the often urgent and complex nature of health services. This article examines the application of the Miranda Rule principle in the criminal realm related to violations in the health and OHS fields in hospitals, and examines its implications for the criminal liability of health workers. This study aims to provide a comprehensive legal perspective by including a comparative analysis of several international jurisprudence. This article uses a normative juridical research method with three main approaches: 1) The statute approach, which examines laws and regulations relevant to this research topic; 2) The conceptual approach, which identifies the legal concepts and values that underlie them, as well as those contained in the legal norms; and 3) The case approach, which aims to analyze applicable legal norms or rules based on relevant cases. The application of the Miranda Rule principle is very important to protect the rights of health workers in legal proceedings, especially in cases of Occupational Health and Safety (K3) violations in hospitals.

PERLINDUNGAN MERK PADA INDUSTRI AIR MINUM DALAM KEMASANPERLINDUNGAN MERK PADA INDUSTRI AIR MINUM DALAM KEMASAN

Nadya Damanik — 2025-12-24

This study aims to analyze the effectiveness of legal mechanisms in protecting trademarks in the Bottled Drinking Water (AMDK) sector, with a case study on the FURE brand as a micro, small, and medium enterprise (MSME) product. Employing a normative juridical method with statutory, conceptual, and case study approaches, this research reviews the implementation of Law No. 20 of 2016 on Trademarks and Geographical Indications, which adopts the constitutive principle and the first-to-file system. The findings reveal that while FURE has obtained valid trademark registration and exclusive rights, practical challenges persist, including limited internal legal literacy, inadequate market monitoring, and the lack of optimized digital protection strategies. These results indicate the need for proactive measures such as cross-class registration, online monitoring, and the strengthening of legal literacy among MSMEs. The study contributes practical recommendations for business actors and policy insights for government institutions to enhance trademark protection systems in Indonesia.

POST-INDEPENDENCE ECONOMIC REGULATION IN TIMOR LESTE: NORMATIVE ANALYSIS OF FOREIGN INVESTMENT LAW

Carolina da Cruz — 2025-12-24

Geographically, Timor Leste is the country closest to Indonesia, making it easier for Indonesian investment to flow to Timor Leste. Therefore, Indonesian investment in Timor Leste will benefit both countries economically, and to maintain stability and security, economic cooperation is one way to achieve peace and prevent conflicts that are prone to occur at the land border between Timor Leste and Indonesia. This research uses a qualitative approach. Furthermore, this research is descriptive-explanatory in nature because it explains narratively and identifies the cause and effect of the issues in the research. Based on the findings, in terms of regulations, Timor Leste has attempted to align its investment legal framework with international principles; however, in practice, the goal of achieving welfare for the majority of the people still faces significant challenges. The foreign investment legal framework in Timor-Leste is normatively designed to guarantee legal certainty and protection for foreign investors, primarily through the applicable Private Investment Law. This law aims to attract investment by establishing clear rules regarding ownership rights, capital transfers, and dispute resolution mechanisms.

MODEL KOLABORATIF PENCEGAHAN KEKERASAN BERBASIS PERMENDIKBUDRISTEK NO. 46 TAHUN 2023: PENDEKATAN AKSI-PARTISIPATIF

Gunawan Widjaja — 2025-12-24

This article aims to analyze the implementation gaps of the Ministry of Education Regulation No. 46 of 2023 on the Prevention and Handling of Violence in Educational Institutions and to propose a collaborative model based on participatory action as an alternative solution. Using a descriptive qualitative method and normative legal approach, this study explores principles of education law, community participation, and the institutional effectiveness of schools in violence prevention. Findings reveal that the regulation’s implementation still faces structural and cultural challenges, including low regulatory literacy among educators and limited stakeholder engagement. The proposed collaborative model emphasizes stakeholder synergy through tiered training, participatory dialogue forums, strategic partnerships, and community-based evaluation. It is expected to contribute to the creation of a safe, inclusive, and just learning environment.

PERAN PENTING ILMU TEKNOLOGI CCTV DALAM PEMBUKTIAN ELEKTRONIK BERDASARKAN UNDANG-UNDANG ITE

Yanti Kirana — 2025-12-24

Various aspects of human life today, including technology, are developing rapidly. Nowadays, it seems difficult to separate human life from technology, which has even become a necessity. Initially, technology was part of or dependent on science, but now it can also depend on science. One example is the development of science and technology related to Closed Circuit Television (CCTV), which plays a central role in electronic evidence under the Electronic Information and Transactions Law (UU ITE). Social and moral life is influenced by the technological devices we value. They enhance people's worldviews, social practices, organizations, values, and lifestyles. Today, it is difficult to be truly active in technological decisions when technological devices are often forced upon us, forcing us to do many things. While this technological development has a positive impact, it also has a negative impact, as it can hinder direct interaction between people, as people already interact so much indirectly and everyone is dependent on technology, especially CCTV. CCTV recordings are recognized as valid electronic evidence under Indonesian law, provided they meet certain procedural requirements. CCTV footage can be used in criminal proceedings as evidence, and its validity is regulated in Article 5 paragraphs (1) and (2) and Article 44 of the ITE Law. However, this journal also reviews the requirements, for example, the need to be linked to other evidence to become strong indicative evidence, or the need for expert testimony to ensure the authenticity of data if transferred via physical media such as flash drives. Technological developments are occurring at an extraordinary pace, undeniably dominating every aspect of life. This study explains the important role of CCTV technology in electronic evidence based on the ITE Law.

ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 135/PUU-XXI/2024 TENTANG PERUBAHAN DESAIN KONSTITUSIONAL KESERENTAKAN PEMILU DI INDONESIA

Taufik — 2025-12-24

The Indonesian Constitutional Court Decision Number 135/PUU-XXI/2024 marks a fundamental change in Indonesia's constitutional and electoral law system by annulling the application of the full concurrent elections concept which combines the National General Election (Pemilu) and the Regional Head Election (Pilkada)—as regulated in Law Number 7 of 2017 concerning General Elections. The Court determined that the unification of national and local election schedules contradicts the principle of regional autonomy (otonomi daerah) and blurs the meaning of popular sovereignty at the local level as guaranteed by Article 18 of the 1945 Constitution (UUD 1945). Through this ruling, the Court ordered that Pilkada must be held separately from the national Pemilu, issuing a conditionally constitutional verdict that reinterprets Article 201 of the Election Law to prevent a legal vacuum (rechtsvacuum). This research utilizes a normative juridical approach with descriptive and conceptual analysis methods, through a review of relevant laws and regulations, Constitutional Court decisions, and academic literature. The analysis results indicate that the Court’s considerations encompass three main dimensions: (1) Philosophical, relating to the protection of popular sovereignty in the regions; (2) Sociological, concerning the workload of election organizers and the validity of election results; and (3) Juridical, regarding the balance between efficiency and the principle of substantive democracy. The juridical implications of this decision include a change in the electoral system from full concurrent to separated elections, the need for legal harmonization between the Election Law and its implementing regulations, and the formation of a new political cycle (year “X” for the National Pemilu and “X+2” for the National Simultaneous Pilkada). From the regional autonomy perspective, the separation of election timing positively impacts the strengthening of local political identity, increased space for the articulation of regional aspirations, and the opening of opportunities for regional head candidates from smaller or independent parties. Conversely, new challenges also arise, such as increased political and budgetary costs, the potential for political transactions in the nomination process, and policy fragmentation between the central and regional governments. Overall, Constitutional Court Decision No. 135/PUU-XXI/2024 not only affects the technical aspects of election administration but also reconstructs the relationship between the central and regional governments within the context of Indonesia's constitutional democracy. This decision serves as a crucial momentum for lawmakers to rearrange the concurrent election system to better align with the principles of regional autonomy, electoral justice, and government effectiveness.

SANKSI HUKUM TERHADAP PELAKU USAHA YANG TIDAK MEMBAYAR UPAH KARYAWAN SESUAI DENGAN PERATURAN HUKUM DI INDONESIA

Daniel Satria Setyawan Putra — 2025-12-24

This study aims to analyze the legal sanctions imposed on businesses that fail to pay employee wages in accordance with Indonesian laws and regulations and to assess the effectiveness of their enforcement. Wages are a basic right of every worker, guaranteed by Law Number 13 of 2003 concerning Manpower, as amended by Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. Employers' obligation to pay wages in accordance with applicable regulations embodies the principles of justice, humanity, and legal certainty in industrial relations. The research method used is normative juridical, with a statutory and conceptual approach. The data used are sourced from primary, secondary, and tertiary legal materials, analyzed qualitatively. The results indicate that businesses that fail to pay employee wages in accordance with regulations may be subject to administrative sanctions, such as written warnings, restrictions on business activities, temporary suspension, and even revocation of business licenses. Furthermore, there are criminal sanctions as stipulated in Article 185 of the Manpower Law, which carry a maximum imprisonment of four years and/or a maximum fine of four hundred million rupiah. However, in practice, enforcement of these legal sanctions remains suboptimal due to weak labor oversight and low legal awareness among business actors. This study concludes that increased effectiveness of labor oversight and stricter law enforcement are needed to ensure the protection of workers' rights to decent wages in accordance with the principles of social justice in Indonesia.

PERUBAHAN PIDANA DARI KUHP LAMA KE BARU SALAH SATU ADALAH REFORMASI PENEGAKAN HUKUM

M. Yusuf DM — 2025-12-28

Criminal law reform in Indonesia marks a significant shift from the old Penal Code (KUHP) to the new KUHP, aimed at strengthening law enforcement, ensuring legal certainty, and protecting human rights (HR). This reform reflects the necessity of a modern criminal justice system that is responsive to democratic demands and oriented towards substantive justice. One of the main aspects of the reform is the emphasis on progressive legal principles, including the protection of human rights during law enforcement processes and recognition of victims' rights. The new KUHP introduces more diversified punishment mechanisms, alternative criminal resolutions, and clearer provisions regarding criminal liability, including for corporate crimes. The reform underscores the importance of balancing state interests with individual protection within the criminal justice system. Thus, law enforcement focuses not only on repressive aspects but also on preventive, restorative, and rehabilitative measures. This study highlights the transformation of criminal norms, changes in legal structures, and the practical impact of the new KUHP on law enforcement practices in Indonesia. The analysis employs normative and descriptive juridical approaches, examining amended, deleted, or added articles and their implications for criminal justice institutions, including the police, prosecutors, courts, and correctional facilities. The results indicate that KUHP reform not only updates legal norms but also shifts the paradigm of law enforcement towards a more humane and democratic approach. Implementation challenges, such as law enforcement capacity, public awareness, and harmonization with other regulations, are crucial factors determining the effectiveness of this reform. In conclusion, the new KUHP represents a significant milestone in establishing a fair, transparent criminal law system oriented towards human rights protection, while simultaneously strengthening the legitimacy of law enforcement in Indonesia.

TINJAUAN UMUM TENTANG PERTANGGUNGJAWABAN KEJAHATAN DAN PIJAKAN KRIMINAL ANAK

Reny Okprianti — 2025-12-28

As time goes by, the challenges in raising and nurturing children are becoming increasingly complex. Cases of juvenile delinquency leading to dangerous behavior are becoming more frequent, such as student brawls, drug abuse, bullying, and promiscuity that can lead to pregnancy and abortion. This study employs a normative approach. The context of children in conflict with the law is crucial for distinguishing criminal liability for children from that for adults. This is because while all actions by adults constitute crimes, they constitute delinquency for children. This study identified challenges in the implementation of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA), such as a lack of understanding among law enforcement officials about the concept of restorative justice and a lack of rehabilitation facilities in the regions. The results of this study emphasize the important role of families, schools, and communities in preventing criminal acts by children and the need to optimize diversification and rehabilitation policies.

REFORMASI PERUBAHAN PIDANA MENJADI TUNTUTAN DEMOKRASI PENEGAKAN HUKUMAN

M. Yusuf DM — 2025-12-28

Criminal law reform in Indonesia has emerged as a pressing demand in line with the development of democratic principles and the need to enforce the law fairly and effectively. Changes in the criminal justice system are not merely adjustments to legal norms but also reflect society’s aspirations for justice, the protection of human rights, and the accountability of law enforcement authorities. This article analyzes the direction of criminal law reform, emphasizing the importance of democratizing law enforcement processes, including the modernization of criminal regulations, the application of the due process of law principle, and the enhancement of judicial institutions’ roles in ensuring legal certainty and protecting individual rights. Criminal law reform in Indonesia also requires an evaluation of law enforcement procedures that have historically been repressive and less responsive to democratic principles. This includes revising criminal laws, strengthening oversight mechanisms for law enforcement officers, and implementing a restorative justice approach that emphasizes both offender rehabilitation and victim recovery. The study shows that democratizing criminal law enforcement requires not only legislative changes but also a shift in legal culture, increased transparency, and public participation in the legal process. Moreover, this article highlights challenges arising in criminal law reform, such as bureaucratic resistance, disparities in access to justice, and potential conflicts between security needs and the protection of individual rights. Addressing these challenges requires comprehensive strategies, including legal education for the public, professional training for law enforcement officers, and the strengthening of independent oversight institutions. The overall process of criminal law reform based on democratic principles is expected to enhance the legitimacy of the criminal justice system, reduce crime rates, and create a more just and civilized society.

PERAN KEDOKTERAN FORENSIK DALAM PEMBUKTIAN PERKARA PIDANA

Reny Okprianti — 2025-12-28

The relationship between law and medicine is crucial in the process of proving someone's guilt because not all aspects of knowledge can be mastered by a judge. In this case, the role of a doctor is vital in helping reveal the condition of evidence in the form of a human body or human body parts in a trial. The role of forensic doctors is very significant in handling criminal cases by revealing evidence that can be in the form of a human body or body parts, as well as providing an assessment of the causal relationship between the victim and the perpetrator of the crime through a post-mortem report, which provides an overview for the judge. Through their medical knowledge and forensic skills, forensic doctors help uncover facts related to criminal cases, especially in cases of death or physical violence. By conducting post-mortem examinations, autopsies, and preparing post-mortem reports, they provide medical evidence that is crucial for the investigation and criminal evidence process in court.

IMPLEMENTASI PADA ALAT BUKTI JEJAK DIGITAL DALAM PENEGAKAN HUKUM TINDAK PIDANA PENIPUAN ONLINE

Muhammad Safei — 2025-12-30

The rapid development of information technology has led to an increase in online fraud crimes that utilize electronic media and internet networks. In enforcing the law against such crimes, digital trace evidence plays a crucial role in uncovering criminal acts, identifying perpetrators, and proving guilt before the court. However, the implementation of digital evidence in law enforcement practices still faces various challenges, including legal, technical, and human resource aspects. This study aims to analyze the implementation of digital trace evidence in the law enforcement of online fraud crimes within the jurisdiction of the Riau Regional Police. The research employs a socio-legal method with statutory and case approaches. Data were collected through literature studies and supporting interviews, and analyzed using qualitative descriptive analysis. The findings indicate that digital trace evidence has been significantly utilized in the processes of investigation, prosecution, and judicial proof of online fraud cases. Nevertheless, its effectiveness is constrained by limited digital forensic facilities, the complexity of electronic evidence examination, and the lack of public awareness regarding reporting mechanisms and the preservation of digital evidence. Therefore, strengthening regulations, enhancing law enforcement capacity, and increasing public legal awareness are essential to achieve effective, fair, and legally certain law enforcement.

PENYELESAIAN SENGKETA MELALUI PERADILAN TATA USAHA NEGARA TERHADAP PEMBATALAN KONTRAK LUMPSUM SEPIHAK

Abu Thalhah Al Anshari — 2025-12-30

Another form of potential dispute that wil arise is in the form of a contractual relationship that occurs due to a lump sum contract using a type of construction contract from the government to the private sector. This form can be seen from the inequality of the parties' positions. In practice, "lump sum contracts are often interpreted freely, causing misperceptions between Service Users and Service Providers, such as the words "fixed price" and the sentence "all risks are borne by the service provider". The free perception of "fixed price" means that the price may not be changed at all, no matter what happens. While the perception of the sentence "all risks are borne by the service provider" is wildly interpreted that all risks, including changes at the request of the Service User or due to changes in design, are the full responsibility of the Service Provider. "This can trigger an inequality of justice where in practice the things mentioned above can happen at any time, so the contractor (private) sometimes does not get the fulfillment of the rights to the achievements that have been agreed upon through the contract. The research method used is a normative type of research. The research technique is carried out by adjusting it to the established research approach. For research with the aim of drawing legal principles in a law. The competence of the State Administrative Court as a litigation dispute resolution mechanism for the parties to the case, has the authority to adjudicate administrative disputes included in the object of the State Administrative Decision in this case the form of government action in unilaterally canceling the contract through a state administrative decision issued by an authorized official and has a detrimental impact on the contractor or individual/private legal entity.

PENOLAKAN STTP PENYAMPAIAN PENDAPAT DI MUKA UMUM OLEH PIHAK KEPOLISIAN DALAM PERSFEKTIF KEADILAN SOSIAL

Jamaluddin — 2025-12-30

The freedom to express opinions in public is a constitutional right guaranteed by the 1945 Constitution of the Republic of Indonesia and further regulated by statutory laws. In practice, the exercise of this right often encounters obstacles, one of which is the refusal by the police to issue a Notice Receipt Letter (STTP). Such refusal may create legal and social problems, particularly when it is conducted without clear and proportional legal grounds, thereby potentially undermining the principle of social justice. This study aims to analyze the refusal of STTP for public demonstrations by the police from the perspective of social justice. The research employs a normative legal method using statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary sources, which are analyzed through qualitative descriptive analysis. The findings indicate that any refusal to issue an STTP must be based on objective, proportional, and accountable legal considerations, while respecting human rights and the principle of social justice. Arbitrary, discriminatory, or non-transparent refusals may restrict citizens’ access to their constitutional rights. Therefore, a balanced approach is required between maintaining public order and safeguarding citizens’ rights to ensure that the exercise of public expression can be carried out in a democratic and socially just manner.

KEWENANGAN PENENTUAN STATUS GANGGUAN JIWA PADA PELAKU TINDAK PIDANA DALAM PROSES PENYIDIKAN

David Hendra — 2025-12-30

The determination of mental disorder status of criminal offenders constitutes a crucial aspect in the investigation process, as it directly relates to criminal responsibility and the protection of human rights. In the investigative practices of the Criminal Investigation Unit (Satreskrim) of Pekanbaru City Police, investigators’ authority in determining the mental condition of suspects often encounters normative and practical limitations, particularly in coordination with medical professionals and mental health institutions. This study aims to analyze the authority of investigators in determining the mental disorder status of criminal offenders and to examine its implementation during the investigation process. This research employs a sociological legal research method, using an empirical approach that views law as social behavior. Data were collected through literature review of statutory regulations and criminal law doctrines, as well as interviews with investigators of Satreskrim Polresta Pekanbaru and related parties. The findings indicate that investigators do not possess the authority to independently determine a suspect’s mental disorder status; such determination must be conducted by authorized medical professionals upon the investigator’s request. However, in practice, several obstacles persist, including limited facilities, complex administrative procedures, and insufficient understanding among suspects and their families regarding psychiatric examination processes. Therefore, regulatory strengthening, enhanced inter-sectoral coordination, and capacity building for investigators are necessary to ensure legal certainty, justice, and the protection of human rights in the investigation process.

OPTIMALISASI PERAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MEDIASI SENGKETA WANPRESTASI PPJB: TANTANGAN DAN SOLUSI PASCA UNDANG-UNDANG PERLINDUNGAN KONSUMEN

Dennia Gracia Angelica — 2025-12-24

Advances in technology these days can not be denied anymore, almost everyone can access the internet. It is enough to carry out buying and selling transactions online using the internet network. But the ease of internet access is abused by irresponsible parties. One way is to carry out prostitution transactions through the internet network known as online prostitution. Online prostitution or prostitution is the practice of prostitution by using the internet or social media as a means of connecting or a means of communication for pimps, sex workers and their users. The author uses the library research method or literature review. This library research research is to conduct research from library books, magazines, journals and articles and sources from the internet that are relevant to the issues discussed. The amendments to the Laws that are used are RI Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions Law No. 21 of 2007 concerning the Crime of Trafficking in Persons, Law Number 3 of 2002 concerning Child Protection.

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCURIAN BUAH KELAPA SAWIT

Syarif Khadis — 2025-12-30

Law enforcement against the criminal offense of oil palm fruit theft in Rokan Hulu Regency demonstrates the importance of synchronizing technical guidelines such as Supreme Court Regulation (Perma) Number 2 of 2012 with higher-level legal instruments, particularly the latest Criminal Code (KUHP). Hans Kelsen’s theory of the hierarchy of norms emphasizes that the validity of lower-level norms must conform to higher-level norms, so that law enforcement officers can perform their duties in a fair, effective, and legally consistent manner. This research is expected to serve as a reference for updating guidelines on the handling of minor criminal offenses, ensuring their alignment with the development of national law and the needs of society. This study is a sociological (empirical) legal research. The findings indicate that law enforcement against oil palm fruit theft in Rokan Hulu Regency through Supreme Court Regulation Number 2 of 2012 has been relatively successful in accelerating case resolution and in applying the principles of restorative justice. Mediation and compensation agreements have proven to be effective mechanisms for cases involving low economic losses, while simultaneously reducing the burden on the courts. Nevertheless, the effectiveness of law enforcement remains constrained by weak coordination among law enforcement agencies and related institutions, public perceptions regarding minor criminal offenses, and limited public understanding of legal procedures. The obstacles in law enforcement against the criminal offense of oil palm fruit theft based on Supreme Court Regulation Number 2 of 2012 in Rokan Hulu Regency include limitations in evidence and documentation, constraints in resources and capacity of law enforcement officers, and inconsistencies between legal norms and the socio-economic conditions of the community. Efforts to overcome these obstacles may be pursued through a progressive legal approach and the consistent application of restorative justice, which are more responsive to social realities while still upholding legal certainty and justice.

KONSEP CRYPTOCURRENCY SEBAGAI ALAT PEMBAYARAN UNTUK MEWUJUDKAN KEPASTIAN HUKUM

Andre Febrianto — 2025-12-31

The rapid development of cryptocurrency as a global digital financial instrument has posed legal challenges, particularly regarding its status as a medium of exchange. In Indonesia, the legal position of cryptocurrency is characterized by dualism and ambiguity. On one hand, the Commodity Futures Trading Regulatory Agency (BAPPEBTI) regulates and recognizes cryptocurrency as a commodity tradable on futures exchanges. On the other hand, Bank Indonesia (BI) strictly prohibits its use as legal tender, based on Law Number 7 of 2011 concerning Currency, which mandates the Rupiah as the sole legal tender. This research aims to analyze the legal consequences of using cryptocurrency as a payment instrument in Indonesia and to formulate a regulatory concept that can ensure legal certainty. This study employs a normative legal research method with a qualitative approach. The data utilized consists of primary, secondary, and tertiary legal materials. The results indicate that the use of cryptocurrency as a payment instrument results in the civil nullification of agreements (based on Article 1337 of the Indonesian Civil Code), administrative sanctions from BI and BAPPEBTI, and potential criminal liability related to Money Laundering Crimes (TPPU). To achieve legal certainty, an integrated regulatory framework is required, encompassing: (1) clear classification of cryptocurrencies (payment, utility, and security tokens); (2) the establishment of specific legislation regarding digital assets; (3) inter-agency coordination among regulators (BI, OJK, BAPPEBTI, and Kominfo); (4) effective consumer protection and dispute resolution mechanisms; and (5) the integration of Anti-Money Laundering (AML) and Know Your Customer (KYC) principles. Policy recommendations include strengthening public awareness, adopting a regulatory sandbox, and accelerating the Digital Rupiah Central Bank Digital Currency (CBDC) project.

KEWENANGAN IDEAL MAHKAMAH PELAYARAN DALAM MENYELESAIKAN KECELAKAAN KAPAL UNTUK MEWUJUDKAN KEADILAN

Sarif Sarwono — 2025-12-31

The Maritime Court (Mahkamah Pelayaran) is a judicial body under the Ministry of Transportation authorized to examine and adjudicate ship accidents, specifically regarding shipping safety aspects and the responsibility of masters or officers by imposing administrative sanctions. The regulations concerning the functions, authorities, and duties of the Maritime Court are governed by Law Number 66 of 2024 concerning the Third Amendment to Law Number 17 of 2008, specifically in Articles 251 to 253 of the Shipping Law. Article 251 of the Shipping Law outlines the functions of the Maritime Court; Article 252 details the authority to examine ship collisions occurring between commercial vessels, commercial and state vessels, as well as commercial and warships; and Article 253 defines the duties of the court, including investigating the causes of ship accidents, determining the presence of procedural errors or negligence by the master or officers, examining negligence by operators, ship owners, or officials that result in accidents, and recommending administrative sanctions to the Minister. The method used in this research is normative legal research conducted to obtain the necessary data related to the issues. The data used is secondary data consisting of primary, secondary, and tertiary legal materials, supported by primary data. Data analysis was performed using a qualitative juridical analysis method. The results of this research indicate that the current authority of the Maritime Court remains limited to administrative matters and has not yet addressed the need for more comprehensive justice for victims, ship owners, or aggrieved third parties, even though every ship accident involves not only technical navigation issues but also economic, environmental, and social impacts. Law Number 66 of 2024 has strengthened administrative sanctions but has not changed the position of the Maritime Court as a quasi-judicial institution. Therefore, a more integrative restructuring of authority is required so that the Maritime Court's decisions can be recognized as part of the judicial process and serve as considerations for judges in General Courts. This integrative process can be achieved by appointing the expert panels of the Maritime Court as ad hoc judges in General Courts. Thus, General Court decisions can create and strengthen the quality of rulings through precise and accurate maritime technical considerations given that the expert panels possess the background, experience, and specialized expertise in the shipping field while creating harmonization between Maritime Court decisions and General Court rulings to reduce contradictions and strengthen legal certainty.

PERTANGGUNGJAWABAN PERAWAT TERHADAP PASIEN DALAM PELAYANAN KESEHATAN DI RUMAH SAKIT

I Putu Harry Suandana Putra — 2025-12-31

Healthcare services in hospitals require competent healthcare workers in accordance with Law Number 17 of 2023. Medical and healthcare workers receive legal protection when working according to professional standards, while hospitals are responsible for the negligence of their healthcare workers. Nurses, including vocational nurses, nurses, and specialist nurses, work based on hierarchical authority and doctor's instructions. Patients also receive legal protection in receiving safe and quality services. The problem formulation is how are nurses' responsibilities towards patients in healthcare services in hospitals? And how do doctors delegate authority to nurses? The research method used is normative juridical. The results of the research are: The responsibilities of nurses in healthcare services in hospitals include the obligation to comply with professional standards, operational procedures, and the implementation of duties based on the doctor's instructions. Legally, nurses can be held accountable for civil, criminal, and administrative actions for actions that harm patients. The delegation of doctor's authority must be carried out according to the nurse's competence. Hospitals are also responsible for the shortage of healthcare workers based on Law Number 17 of 2023 concerning Health.

PERTANGGUNGJAWABAN TINDAK PIDANA BADAN HUKUM KORPORASI DALAM PERJUDIAN ONLINE DARI PENDEKATAN SISTEM PERADILAN PIDANA DI INDONESIA

Rivo Rizky Prahara — 2025-12-28

Criminal liability for online gambling is regulated in the provisions of Article 45 paragraph (3) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions. If a criminal act is committed by the Company, it is linked to the provisions of Article 52 paragraph 4 of Law Number 11 of 2008 concerning Electronic Information and Transactions, with a prison sentence plus two-thirds of the principal penalty. The objectives of this research are: first, to examine and provide legal solutions regarding criminal regulation of corporations in carrying out online gambling approaches from the criminal justice system in Indonesia; secondly, examining criminal responsibility for corporations in online gambling, the approach of the criminal justice system in Indonesia. The results of the research show that the prison sentence provisions in Article 45 paragraph 3 of Law Number 1 of 2024 are more severe than the criminal provisions in Article 45 paragraph 1 of Law Number 11 of 2008. There is a maximum limit of 10 (ten) years in Article 45 paragraph 3 of Law Number 1 of 2024, and 6 (six) years in Article 45 paragraph 1 of Law Number 11 of 2008. Despite this increase in prison sentences has increased, but the additional prison sentence period has not been maximized. The prison sentence should be increased further, so that it has a deterrent effect in enforcing the criminal law on online gambling. In fact, legislators should set a minimum limit for criminal perpetrators of online gambling. The absence of a minimum limit setting means that criminal law enforcement for online gambling is lower, so it does not have a deterrent effect on the perpetrators. Surabaya District Court Decision Number 967/Pid.B/2025/PN Sby, Surabaya District Court Decision Number 2321/Pid.B/2024/PN Sby, and Medan High Court Decision Number 1018/PID/2023/PT MDN, constitute criminal liability for online gambling in corporations that is unfair and not optimal. It is necessary to improve the minimum prison sentence in the provisions of Article 45 paragraph 3 of Law Number 1 of 2024 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. It is also necessary to increase the length of the sentence in Article 45 paragraph (2) of Law Number 19 of 2016, an amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions.

TINJAUAN YURIDIS PERLINDUNGAN KONSTITUSIONAL TERHADAP DEBITOR PASCA PUTUSAN MK NO 02/PUU-XIX/2021

Don Saflan — 2026-01-08

Perlindungan konstitusional terhadap debitor merupakan isu penting dalam negara hukum, terutama setelah lahirnya Putusan Mahkamah Konstitusi Nomor 02/PUU-XIX/2021 yang mengoreksi praktik penegakan hukum terkait eksekusi jaminan fidusia. Penelitian ini bertujuan untuk menganalisis perlindungan konstitusional terhadap debitor serta akibat hukum yang ditimbulkan pasca putusan tersebut dalam perspektif hukum tata negara. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan pendekatan perundang-undangan, analitis, dan historis. Bahan hukum yang dianalisis meliputi peraturan perundang-undangan, putusan Mahkamah Konstitusi, serta doktrin dan pendapat para ahli hukum. Hasil penelitian menunjukkan bahwa Putusan Mahkamah Konstitusi Nomor 02/PUU-XIX/2021 telah memperkuat kedudukan debitor sebagai subjek hukum yang memiliki hak konstitusional atas kepastian hukum yang adil, perlindungan dari kesewenang-wenangan, dan penghormatan terhadap hak asasi manusia. Putusan ini menegaskan bahwa hubungan hukum utang piutang tidak semata-mata berada dalam ranah privat, melainkan tunduk pada prinsip negara hukum dan supremasi konstitusi. Akibat hukum dari putusan tersebut meliputi kewajiban penyesuaian norma peraturan perundang-undangan, perubahan paradigma penegakan hukum dari kepastian formal menuju keadilan substantif, serta penguatan peran Mahkamah Konstitusi sebagai pelindung hak konstitusional warga negara. Dengan demikian, Putusan MK Nomor 02/PUU-XIX/2021 menjadi landasan konstitusional penting dalam mewujudkan perlindungan hukum yang berkeadilan bagi debitor di Indonesia.

TINJAUAN KONSTITUSIONAL PASAL 27A UU ITE TERKAIT KRITIK PUBLIK: PROBLEMATIKA FRASA 'ORANG LAIN' DAN PERLINDUNGAN KEBEBASAN BERPENDAPAT DI RUANG DIGITAL

Timbo Mangaranap Sirait — 2025-12-31

Law continually evolves in response to social developments within society; as a result, its norms often become counterproductive in their enforcement. This study employs a normative legal research method through a literature review to examine and conclude the following: this review synthesizes constitutional law research analyzing Article 27A of the Electronic Information and Transactions Law (UU ITE), with a particular focus on the phrase “another person” (orang lain) and its implications for freedom of expression in the digital sphere. The analysis seeks to address legal ambiguity and its impact on digital rights in Indonesia. Accordingly, the provision is evaluated through relevant Constitutional Court decisions concerning the phrase “another person,” assessing judicial and doctrinal responses to restrictions on freedom of expression, examining compliance with human rights standards, analyzing the consistency of law enforcement, and exploring prospects for legal reform. The findings reveal persistent ambiguity in the phrase “another person,” resulting in multiple interpretations and legal uncertainty, despite judicial efforts to narrow the scope of defamation to individuals. While these efforts enhance legal clarity and reduce arbitrary enforcement, the provision is deemed conditionally unconstitutional and lacking binding legal force insofar as it is not interpreted to mean “excluding government institutions, groups of persons with specific or identifiable identities, institutions, corporations, professions, or public offices.