The Juris

MENILIK KEDUDUKAN PTUN SEBAGAI GARDA KEADILAN ADMINISTRATIF DALAM MENJAGA KUALITAS DEMOKRASI INDONESIA

Timbo Mangaranap Sirait — 2025-12-13

The Administrative Court (PTUN) plays a crucial role as the last resort for justice seekers after exhausting avenues of Objection and Administrative Appeal, particularly in safeguarding the quality of democracy in Indonesia. As an institution that oversees state administrative actions, the PTUN has the authority to adjudicate disputes between citizens and the government. In recent years, the PTUN has issued various rulings that reinforce democratic principles such as freedom of expression and broader political access. This analysis employs a normative juridical method through literature review and case studies of PTUN decisions, aiming to identify and evaluate the PTUN’s contribution in administratively maintaining and supervising the quality of democracy in Indonesia. The research addresses the following issues: (a) How does the PTUN contribute to maintaining the quality of democracy in Indonesia? and (b) How does the PTUN ensure transparency and accountability in government? In conclusion, first, based on the analysis of several decisions, the PTUN plays a significant role and serves as a front-line guardian in maintaining and overseeing the quality of democracy in Indonesia through its rulings. Second, the PTUN has upheld judicial neutrality, the integrity of electoral processes, and has ensured transparency and accountability in the administration of government.

ANALISIS PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM JASA TITIP ONLINE KOSMETIK DAN PERAWATAN KULIT PADA MASA PANDEMI COVID-19

Violeta Virgin G — 2025-12-13

This study aims to examine the construction of personal shopping services and the potential legal consequences faced by consumers of overseas online personal shopping services, such as counterfeit goods, delivery delays, and expired cosmetic products caused by delays or falsification. These issues may arise due to negligence and fraud by personal shoppers, which remain unavoidable to this day. Legally, online purchases may be delivered to a trusted individual or user of the online service. Consumer protection for entrusted service users in online transactions is based on Article 4 of Law No. 8 of 1999 on Consumer Protection. Protection for consumers against defective agreements and/or defective goods grants consumers the right to compensation if they declare that the quality or quantity of goods or services consumed does not match what was offered by the seller. Consumers also have the right to legal dispute resolution. Consumer protection in Islamic law is crucial as it concerns public interests and the relationship between humans and Allah. Islam views this protection as a duty of the state, both vertically (with Allah) and horizontally (with fellow humans), ensuring that goods circulating in the market comply with Islamic principles.

REKONSTRUKSI PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM KUHP NASIONAL: TELAAH KRITIS ATAS UU NO. 1 TAHUN 2023 DALAM PERSEPEKTIF HUKUM PIDANA MODERN

Januar Agung Saputera — 2025-12-13

This research examines corporate criminal liability under Law No. 1 of 2023 on the Indonesian Penal Code (KUHP) and the urgency of its reconstruction in light of modern corporate crime complexities. Although KUHP 2023 formally recognizes corporations as subjects of criminal law and prescribes applicable sanctions, it lacks specific norms on proving corporate mens rea and the legal relationship between the KUHP and existing sectoral laws (lex specialis). Using a normative legal approach and comparative study of Dutch and United States systems, this article argues that Indonesia’s criminal law remains rooted in an individualistic paradigm, which inadequately accommodates institutional liability concepts such as corporate culture liability and organizational fault. The analysis also highlights inconsistencies between the KUHP’s fault-based liability approach and strict liability mechanisms recognized in environmental and consumer protection laws. Drawing from international models, including principles set forth in the UNCAC and OECD recommendations, the article proposes a reconstruction of corporate liability norms—reformulating corporate mens rea, clarifying the relationship between KUHP and lex specialis, and integrating collective proof mechanisms. These reforms are necessary to establish a more adaptive, integrated, and responsive framework for corporate criminal liability, particularly in addressing transnational economic crimes in the digital era and across strategic sectors.

ANALISIS HUKUM PERAN PEMERINTAH DAERAH DALAM PENYEDIAAN LAYANAN KESEHATAN REPRODUKSI DI KOTA MAKASSAR

Muh. Tahir — 2025-12-13

The 1945 Constitution guarantees the right to health, including the reproductive health of adolescents who are vulnerable to the TRIAD KRR. The central and regional governments are obliged to provide health services through decentralization. However, implementation faces challenges of coordination, funding, and regional capacity, so legal analysis is needed to assess the effectiveness of reproductive health policies. To examine and analyze the role of local governments in the provision of reproductive health services in Indonesia and To examine and analyze the barriers faced by local governments in the provision of reproductive health services. This study is an Empirical legal research using a Legislative Approach and a Conceptual Approach. The role of local governments in the provision of reproductive health services has been regulated in Law No. 17 of 2023 and Government Regulation No. 28 of 2024, with the obligation to provide promotive, preventive, curative, and rehabilitative services. Although various programs have been implemented, implementation is still constrained by limited human resources, infrastructure, and coordination.

EFEKTIVITAS PERAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENYELESAIKAN PENGADUAN KONSUMEN

Abdul Rahman — 2025-12-13

The amendment to the 1945 Constitution affirmed the supremacy of the constitution, giving birth to auxiliary state institutions such as BPSK to maintain a balance between consumers and business actors. BPSK exists as an alternative to non-litigation dispute resolution that is cheap, fast, and fair, in order to ensure consumer protection through mediation, conciliation, or arbitration mechanisms. To analyze the effectiveness of consumer dispute resolution by the Consumer Dispute Resolution Agency and to review and analyze the legal obstacles faced by the Consumer Dispute Resolution Agency in carrying out consumer protection duties. This research is a normative legal research using a statutory approach and a conceptual approach. The effectiveness of BPSK was determined by regulatory clarity, infrastructure availability, quality of human resources, and public legal awareness. Normatively, BPSK has legitimacy through the UUPK and the Ministry of Industry, but there are still contradictions, especially regarding the nature of the decision that is called final but can still be objected to the District Court.

KEABSAHAN INFORMED CONSENT SEBAGAI ALAT BUKTI DALAM PERSIDANGAN TINDAK PIDANA KESEHATAN

Ni Wayan Diah Sukmadewi — 2025-12-13

In health crimes, informed consent is often presented as evidence in court. However, the validity of informed consent is often debated, because informed consent is evaluated based on formal aspects, namely the existence of a document signed by the patient or their family. Technically, this is considered sufficient to prove consent to medical treatment. The purpose of this study is to examine and analyze the validity of informed consent as evidence in medical malpractice trials. The research method adopted in this study is normative legal research through a legislative approach, applying Law Number 17 of 2023 concerning Health and the Criminal Procedure Code. This study uses a descriptive analysis technique. The results show that informed consent can be classified as documentary evidence and circumstantial evidence in court. As documentary evidence, informed consent takes the form of a written document containing a signature. On the other hand, as circumstantial evidence, informed consent refers to its relevance to witness testimony and expert testimony related to the criminal act that occurred. Therefore, the validity of informed consent is evaluated not only from a formal aspect but also from a substantive aspect.

KEWENANGAN IDEAL MAHKAMAH PELAYARAN DALAM MENYELESAIKAN KECELAKAAN KAPAL UNTUK MEWUJUDKAN KEADILAN

Sarif Sarwono — 2025-12-13

The Shipping Court (Mahkamah Pelayaran) is a judicial body under the Ministry of Transportation (Kementerian Perhubungan) authorized to examine and rule on ship accidents, particularly concerning aspects of maritime safety and the responsibility of the shipmaster or officers, by issuing administrative sanctions. The regulations governing the function, authority, and duties of the Shipping Court are stipulated in 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 concerns the function of the Shipping Court; Article 252 concerns the authority to examine collisions between merchant ships, merchant ships and state-owned ships, and merchant ships and warships; and Article 253 outlines the duties of the Shipping Court, which include investigating the cause of a ship accident, determining the existence of procedural error or negligence on the part of the shipmaster or ship officer, examining the negligence of the operator, ship owner, or officers that led to the accident, 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 problem. The data utilized is secondary data, consisting of primary, secondary, and tertiary legal materials. Additionally, primary data is used to support the secondary data. Data analysis is performed using the qualitative juridical analysis method. The results of this study indicate that the current authority of the Shipping Court remains administrative and is not yet able to address the need for a more comprehensive sense of justice for victims, ship owners, or damaged third parties. This is significant because every ship accident involves not only technical navigation issues but also economic, environmental, and social losses. Although Law Number 66 of 2024 provides stronger administrative sanctions, it does not change the position of the Shipping Court as a quasi-judicial institution. Therefore, a restructuring of its authority toward a more integrative approach is needed so that the decisions of the Shipping Court can be recognized as part of the judicial process and serve as considerations for judges in the General Courts (Pengadilan Umum). This integrative process can be achieved by appointing the expert panel of the Shipping Court as ad hoc judges in the General Courts. This would allow the General Court's decisions to enhance and strengthen their quality through accurate and appropriate maritime technical considerations, given the expert panel's specialized background, experience, and expertise in shipping, thereby creating harmony between the decisions of the Shipping Court and the General Courts and reducing contradictions and strengthening legal certainty.

KEPASTIAN HUKUM CRYPTOCURRENCY SEBAGAI ALAT PEMBAYARAN DI INDONESIA

Andre Febrianto — 2025-12-13

The rapid development of cryptocurrency as a global digital financial instrument has created legal challenges, particularly concerning its status as a medium of exchange. In Indonesia, the legal standing of cryptocurrency faces duality and ambiguity. On one hand, the Commodity Futures Trading Regulatory Agency (BAPPEBTI) regulates and recognizes cryptocurrency as a tradable commodity on the futures exchange. On the other hand, Bank Indonesia (BI) strictly prohibits its use as a legal tender, based on Law Number 7 of 2011 concerning Currency, which affirms the Rupiah as the sole legal medium of payment. This study aims to analyze the legal consequences of using cryptocurrency as a means of payment in Indonesia and to formulate a regulatory concept that can realize legal certainty. This research employs a normative legal research method with a qualitative approach. The data utilized includes primary, secondary, and tertiary legal materials. The results of the study indicate that the use of cryptocurrency as a means of payment can result in the cancellation of a private agreement (based on Article 1337 of the Indonesian Civil Code), administrative sanctions from BI and BAPPEBTI, and potential criminal exposure related to Money Laundering Offenses (TPPU). To achieve legal certainty, an integrated regulatory framework is required, encompassing: (1) clear classification of cryptocurrencies (payment, utility, security tokens); (2) the establishment of a special law regarding digital assets; (3) coordination among regulatory institutions (BI, OJK, BAPPEBTI, 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 socialization efforts, adopting a regulatory sandbox, and accelerating the Central Bank Digital Currency (CBDC) project, the Digital Rupiah.

PENEGAKAN HUKUM TERHADAP PENGOPERASIAN PEMBANGKIT TENAGA LISTRIK YANG TIDAK BERIZIN MILIK PERUSAHAAN KELAPA SAWIT

Muhammad Zainal — 2025-12-13

Law enforcement against the operation of unlicensed power plants owned by palm oil companies in Siak Regency is urgently needed. This research is expected to contribute to the development of legal science, particularly administrative law and energy law, as well as provide practical input for policymakers in realizing better, more equitable, and sustainable electricity governance. The purpose of this research is to analyze law enforcement, obstacles, and efforts to overcome these obstacles against the operation of unlicensed power plants owned by palm oil companies in Siak Regency based on Law Number 30 of 2009 concerning Electricity. The method used is sociological legal research. Based on the research results, it is known that despite clear regulations in Law Number 30 of 2009 concerning Electricity, its implementation still faces obstacles. Several companies still operate power plants without official permits, and law enforcement actions tend to be reactive, with sanctions inconsistent. This demonstrates the need for cross-agency coordination and strengthened oversight mechanisms to ensure more effective law enforcement and a deterrent effect. Obstacles include limited resources, suboptimal coordination, and resistance from some companies, which have made the implementation of Law Number 30 of 2009 less effective. This indicates the need for a more integrated law enforcement strategy, increased oversight capacity, and community empowerment to create a deterrent effect for violators. Efforts to overcome these obstacles include inter-agency coordination, increased oversight capacity, simplified licensing procedures, and community participation, all complementary measures. A more structured coordination mechanism is recommended between the Environmental Agency, the Ministry of Public Works and Housing (DPMPTSP), law enforcement officials, and other relevant agencies. This will expedite prosecution of companies operating unlicensed power plants and avoid overlapping authority.

PENEGAKAN HUKUM TERHADAP IZIN KEPEMILIKAN SENJATA API BELA DIRI DI WILAYAH HUKUM POLDA RIAU

Rendi Fitrianda — 2025-12-13

The purpose of this study is to analyze law enforcement, obstacles, and efforts to overcome obstacles to self-defense firearm ownership permits in the jurisdiction of the Riau Regional Police, based on Republic of Indonesia National Police Regulation Number 1 of 2022. The method used is sociological legal research. Based on the research results, it is known that law enforcement regarding self-defense firearm ownership permits in the jurisdiction of the Riau Regional Police, based on Republic of Indonesia National Police Regulation Number 1 of 2022, is an implementation of Perpol No. 1 of 2022, which operates through several main patterns: strengthening administrative verification, increasing field supervision, taking action against owners who fail to renew their permits, and providing guidance to gun holders to understand their obligations and limitations on use. The author observed that some permit holders still do not fully comply with the permit renewal requirements and safe storage procedures. However, the Riau Regional Police actively conduct re-registration, administrative summonses, and physical inspections of weapons to ensure compliance. When violations are found, corrective action is taken through permit revocation, weapon confiscation, or transfer of the case to criminal proceedings if there are elements of a legal violation. Obstacles include weak compliance by owners in renewing permits, a lack of public understanding of administrative obligations, and limited field supervision due to a lack of personnel. Furthermore, the data collection and monitoring processes are not yet fully digitally integrated, making it difficult to track permit status quickly and accurately. Obstacles also arise from internal factors such as limited facilities, and external factors such as low legal awareness among owners, who tend to neglect permit renewals even after notification. Efforts include increasing direct outreach to firearm owners regarding licensing obligations, providing regular warnings through official information and communication systems, and tightening permit evaluation mechanisms with more intensive field verification.

PENEGAKAN KODE ETIK PROFESI POLRI TERHADAP ANGGOTA KEPOLISIAN YANG TERLIBAT PENYALAHGUNAAN NARKOTIKA

Zikir Irwanda Syaputra — 2025-12-13

The purpose of this study is to analyze the enforcement, obstacles, and efforts to overcome these obstacles in the Indonesian National Police's code of ethics against officers involved in drug abuse within the jurisdiction of the Riau Regional Police. The method used was sociological legal research. The results indicate that enforcement of the Indonesian National Police's code of ethics against officers involved in drug abuse within the jurisdiction of the Riau Regional Police is carried out firmly and in layers through an internal oversight mechanism involving the Propam (Propam), Paminal (Minimal), Provos (Provos), and Wabprof (Deputy for Professional Development). The author found that any officer suspected of using narcotics was immediately subjected to initial examination, urine tests, internal arrests, and a track record of involvement was traced. Observations also showed that the ethics enforcement process was transparent and formal. In the field, it is evident that the Indonesian National Police (Polri) applies the same standards to all members without exception, and imposes sanctions ranging from coaching, demotion, special placement, to dishonorable discharge for serious violations. This demonstrates the institution's commitment to maintaining discipline, integrity, and public trust in the government. Obstacles appear to stem from structural, technical, and cultural factors. This is exacerbated by the uncooperative attitude of some members during inspections, some even trying to avoid, refuse summons, or manipulate statements. Efforts are being made through several strategic steps. First, improving discipline and internal oversight functions under the coordination of the Propam Division. Second, tightening internal inspection mechanisms, including surprise urine tests for members in units deemed vulnerable. Third, the author observed efforts to strengthen the mental and spiritual development system as part of a prevention strategy. Furthermore, there is a commitment to expediting the code of ethics review process to avoid delays that could potentially reduce the deterrent effect against violations.

KESETARAAN KEDUDUKAN ANAK LAKI-LAKI DAN PEREMPUAN DALAM TINDAK PIDANA PENCABULAN

Adi Wijaya — 2025-12-13

Article 82(1) of Law No. 35 of 2014 on Child Protection stipulates that “any person” who commits or allows an act of indecency against a child shall be subject to criminal sanctions. However, law enforcement practices show a consistent pattern in which only male minors are prosecuted, while female minors who similarly commit or permit such acts are not treated as criminal subjects. This disparity raises concerns regarding the principle of equality before the law and the proper interpretation of the term “any person” within the provision. This study aims to analyze the legal standing of male and female minors as perpetrators in indecency cases and to examine whether female minors also meet the elements of criminal liability under Article 82. The findings indicate that both male and female minors who consciously engage in or allow indecent acts fulfill the objective and subjective elements of the offense and therefore hold equal legal status as potential perpetrators. Nevertheless, in practice, law enforcement still reflects gender bias by automatically positioning females as victims. The study recommends developing clearer procedural guidelines, enhancing gender sensitivity among investigators, and revising the statutory language to eliminate interpretive ambiguity.

MEMBANGUN GUGATAN YANG SAH: ANALISIS PENGARUH KEJELASAN OBJEK DAN PEMENUHAN UNSUR-UNSUR GUGATAN DALAM PROSES LITIGASI DI PENGADILAN NEGERI TANGERANG

Gunawan Widjaja — 2025-12-13

A civil lawsuit serves as a formal legal instrument that must be systematically drafted in accordance with procedural and substantive requirements under Indonesian civil procedural law. This study aims to examine the essential elements of a valid lawsuit and to assess how the implementation of these requirements affects judicial decisions at the Tangerang District Court. The research employs a normative and empirical legal approach. Normative data were obtained through legal literature and statutory analysis, while empirical data were drawn from civil case decisions published in 2024 through the Case Tracking Information System (SIPP). The findings reveal that inconsistencies between the posita and petitum, along with unclear identification of the object of dispute, are the main reasons for lawsuits being declared inadmissible (niet ontvankelijk verklaard) or rejected. Out of 789 examined cases, 442 were granted, while 120 were dismissed as inadmissible and 16 were rejected. These outcomes reflect the significant impact of procedural compliance on case resolution and underscore the importance of technical precision in lawsuit drafting. The study affirms that drafting a coherent and complete lawsuit is not merely a procedural formality, but a vital component of legal accountability and access to justice. As such, strengthening the capacity of legal practitioners and law students in the formulation of civil lawsuits should be a key focus in legal education and professional development in Indonesia.

KELEMAHAN ELECTRONIC TRAFFIC LAW ENFORCEMENT DALAM MENINDAK PENGGUNAAN TANDA NOMOR KENDARAAN BERMOTOR PALSU

Marten Ferryanto — 2025-12-13

Traffic has a vital role towards the mobility of the people, as well as the distribution of goods, so it is regulated in Law number 22 of the year 2009. One of the serious violations that often happened is the usage of fake vehicle registration plate (TNKB), that will disrupt the vehicle identification system. Polri responded by implementing the Electronic Traffic Law Enforcement (ETLE) system as the innovation of digital law enforcement. However, the ETLE system still have weaknesses in identifying fake vehicle registration plate. This research will review the effectivity of ETLE in MT.Haryono road of South Jakarta, as well as analyzing the factors that causes the weak enforcement against such violations in order to contribute to the improvement of the traffic law enforcement system in Indonesia. The research method that will be used in this research is the Empirical Legal method by gathering the primary data from interviews towards the ETLE operators. The secondary data will be gathered from scientific articles as well as previous research journals that examine about law rules that is relating to ETLE. The research result will explain about the working mechanism of the ETLE system on how it enforces the law towards traffic violator from the process of recording the violation until the payment of the fine. The online traffic fine ticketing, on its base is just the same as manual ticketing, it's just that online ticketing is implemented so that the law enforcer can work transparently and can have accountability in the process of law enforcing, However there is a weakness of the online ticketing in the law enforcing process. One of them is that ETLE could not detect the usage of fake vehicle registration plate that is caused by network issue as well as unsynchronized data and the technology limitation to detect fake vehicle registration plate (TNKB) because there is no regulation towards the material nor the font of its making.

ANALISIS PELANGGARAN HAK ASASI MANUSIA DALAM KERUSUHAN PERTANDINGAN SEPAK BOLA DI KANJURUHAN : PERSPEKTIF HUKUM NASIONAL DAN INTERNASIONAL

Trio Fatra Nusantara — 2025-12-13

The riot that occurred on October 1, 2022 at Kanjuruhan Stadium, Malang, killed 135 people and injured hundreds of others. This incident has been in the public spotlight because it shows serious violations of human rights, both from the perspective of national law and international law. This study aims to identify the forms of human rights violations that occurred in these incidents, analyze violations of international standards such as FIFA regulations and the International Covenant on Civil and Political Rights (ICCPR), and examine Islamic views on human rights protection. The research methods used are normative juridical approaches and empirical juridical approaches, with descriptive qualitative data analysis techniques. The results of the study showed that the Kanjuruhan riots involved violations of the right to life, the right to security, the right to health, the rights of children, and the right to justice. The use of tear gas inside the stadium by police officers not only violates FIFA regulations but also reflects an act of excessive use of force that threatens the safety of civilians. In addition, the match organizers were also considered negligent because they sold tickets beyond the stadium's capacity and did not provide adequate evacuation routes. In the perspective of Islamic law, actions that cause mass loss of life without justice are contrary to the principles of sharia maqashid and the obligation to protect human souls. This study recommends reforms in the security system of sports matches, increased accountability of security forces, and a thorough evaluation of human rights regulations at both the national and international levels. Fair and transparent law enforcement is urgently needed so that public trust in the state and law enforcement officials can be restored.

MENAKAR JURIMETRI DALAM SISTEM CIVIL LAW: ANALISIS TEORETIS DAN TANTANGAN PENERAPAN

Gunawan Widjaja — 2025-12-13

The development of legal science has experienced a shift from a normative approach to an empirical approach, along with the increasing complexity of legal issues in society. jurimetri, as a quantitative approach to legal analysis, combines statistical and computational methods to understand patterns in court decisions and evaluate the effectiveness of regulations. Despite its rapid development in the common law system, its application in the civil law system still faces conceptual and practical challenges. The prescriptive nature of civil law and its reliance on codification are the main obstacles to adopting this method. This article discusses the extent to which jurimetrics can be applied in civil law legal systems, highlighting the fundamental differences between the two legal systems as well as the epistemological challenges that arise. The research utilizes a juridical-normative approach with a conceptual analysis of the relevance of jurimetrics in a written norm-based legal system. The results of the study show that although jurimetrics faces various obstacles, its application is still possible as a tool for legal analysis, especially in evaluating regulations, predicting legal trends, and increasing the efficiency of the justice system. Therefore, it is necessary to develop more flexible methods so that jurimetrics can contribute to the civil law legal system without sacrificing the principle of legal certainty.

UPAYA PENANGGULANGAN PENYEBARAN PAHAM RADIKAL TERORISME MELALUI MEDIA SOSIAL: PLATFORM FACEBOOK

Fintiara Mey Arianti — 2025-12-13

This study aims to analyze the efforts to counter the spread of radical terrorist ideologies through social media, focusing specifically on Facebook as a digital platform often exploited by extremist groups for propaganda dissemination, recruitment, and network building. The research employs a normative juridical approach supported by qualitative descriptive methods, utilizing literature reviews, legal documents, and official reports from institutions such as Indonesia’s National Counterterrorism Agency (BNPT). The findings indicate that although regulations such as Law No. 5 of 2018 on the Eradication of Terrorism Crimes are in place, the enforcement of legal norms in the digital sphere remains insufficient. The absence of binding obligations for social media platforms to monitor and remove radical content has resulted in reactive rather than preventive responses. Current deterrence measures are inadequate in curbing the spread of radical ideologies. Therefore, a more comprehensive approach is required, involving legal reform, digital literacy campaigns, cooperation with digital platforms, and active participation from religious organizations in deradicalization efforts. This research recommends a multidimensional strategy that combines law enforcement with preventive education and ideological resilience-building within communities.

PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM TRANSAKSI ELEKTRONIK DI INDONESIA: TANTANGAN DALAM IMPLEMENTASI

Yudha Sri Wulandari — 2025-12-14

Technological developments have encouraged the rapid growth of electronic transactions (e-commerce) in Indonesia. However, this convenience also raises vulnerabilities for consumers related to fraud, quality of goods, data confidentiality, and puts consumers in a weak bargaining position. This study aims to analyze the legal framework that protects e-commerce consumers in Indonesia, highlight implementation challenges, and identify effective solutions. This research uses normative legal research methods with legislative and conceptual approaches. The results show that primary legal protection is sourced from Law Number 8 of 1999 concerning Consumer Protection (UUPK) and Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law), but there are still regulatory gaps and weaknesses in law enforcement. The main gap is the absence of substantial affirmation of civil liability for marketplace platforms that factually play an active role and make a profit. Conceptually, this condition demands the adoption of the doctrine of shared responsibility between the platform and the merchant. In addition, the dispute resolution mechanism through the Consumer Dispute Resolution Agency (BPSK) has proven to be ineffective due to execution constraints and spatial jurisdictional limitations. Therefore, regulatory harmonization is needed to explicitly define the Shared Liability platform, strengthen the government's institutional capacity for data security audits, and an urgent transition towards the implementation of the Online Dispute Resolution (ODR) system as a fast and efficient dispute resolution mechanism. These measures are crucial to achieve optimal protection and legal certainty in digital dynamics.

OPTIMALISASI PARTISIPASI PUBLIK DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN MELALUI CIVIC PARTICIPATION INDEX

Gunawan Widjaja — 2025-12-13

Law Number 13 of 2022, which serves as the Second Amendment to Law Number 12 of 2011, strengthens public involvement and participation in all stages of the legislative process, from planning to enactment. However, according to the development of public participation as reflected in the Civic Participation Index from 2019 to 2024 published by the World Justice Project, Indonesia has experienced a downward trend. Several challenges to public participation include the lack of public awareness of their participatory rights, limited access to information, and the absence of effective mechanisms for gathering public input. This study employs a normative juridical method with a statute approach to analyze existing regulations and their implementation (best practices) in accordance with international standards, using a comparative study of countries with higher civic participation index levels. The data were collected from secondary sources, including primary legal materials, secondary legal materials, and tertiary legal materials. This study is of significant urgency as it can provide practical recommendations for the development of more effective technical guidelines on public participation as mandated by Law Number 13 of 2022.

PERLINDUNGAN HUKUM DI RUANG SIBER: TELAAH YURIDIS ATAS RANCANGAN UNDANG-UNDANG KEAMANAN DAN KETAHANAN SIBER

Suharto — 2025-12-13

This study aims to analyze the legal framework of the Draft Law on Cybersecurity and Resilience (RUU KKS) in ensuring the protection of national strategic infrastructure and data, as well as to identify potential legal issues that may arise. The background of this research is driven by the growing threats of cybercrime in Indonesia, which have significant implications for national security, economic stability, and the protection of personal data. The research method employed is normative legal research using a conceptual approach and a statute approach. The data were collected from laws and regulations, academic literature, and relevant court decisions. The analysis technique used is qualitative descriptive, interpreting legal principles and assessing the coherence of existing regulations with the needs of national cybersecurity protection. The findings indicate that Indonesia’s current cybersecurity regulations remain fragmented across several sectoral laws, resulting in overlaps and weaknesses in ensuring legal certainty. The RUU KKS is expected to serve as a comprehensive legal instrument that strengthens the protection of critical infrastructure, prevents cyber misuse, and balances state interests with the protection of individual rights. Anchored in Pancasila and the 1945 Constitution, this regulation is essential to reinforce Indonesia’s digital sovereignty.

PERSPEKTIF HUKUM TERHADAP LATAR BELAKANG PENDIDIKAN ANGGOTA DPR

Tengku Indira Larasati — 2025-12-13

According to Law Number 7 of 2023 concerning the Stipulation of Government Regulation in lieu of Law Number 1 of 2022 concerning Amendments to Law Number 7 of 2017 concerning General Elections into Law, a candidate for the House of Representatives must have completed senior high school or its equivalent. A key component of Indonesia's constitutional framework is the DPR. Considering the significance of the DPR's function within Indonesia's constitutional framework, the aforementioned minimal educational prerequisites must be revised. Normative legal research is the methodology employed. Legal literary research, or normative legal research, is legal research that uses literature as its primary source. In this research, the research approach is descriptive and analytical, meaning that the researcher will provide a comprehensive, systematic, accurate, and factual explanation of the facts found in the research object and then correlate them with relevant legal theories. Primary and secondary data are among the data types. By characterizing the data collected using legal norms, theories, and pertinent legal doctrines and regulations, the normative qualitative technique of data analysis was employed in this study. According to research findings, in order to create leaders and/or representatives with superior skills and capacities, it is imperative to change the prerequisites for joining the House of Representatives, particularly the minimal educational requirements for candidates. The quality of the legislative body's constitutional duties is directly impacted by the low educational backgrounds of House of Representatives (DPR) members. A lack of assured protection of people' constitutional rights, poor argumentation in the formulation of laws, and multi-interpretable legal norms are only a few of the issues that might arise when the majority of DPR members lack formal education.

PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN BULLYING: DAMPAK DAN UPAYA PENCEGAHAN RISIKO BUNUH DIRI DI INDONESIA

Reny Okprianti — 2025-12-24

The issue of bullying among children is becoming a serious concern due to its psychological impact, which can lead to severe mental disorders such as anxiety, depression, and even suicidal thoughts. In Indonesia, despite the existence of the Child Protection Law, the implementation of policies regulating the protection of children from bullying still faces various challenges. This study aims to examine the impact of bullying on children's mental health and identify the legal protection mechanisms available to reduce the risk of suicide due to bullying. This study uses a qualitative approach, with data collection methods through literature studies and document analysis, including data from the Indonesian Child Protection Commission (KPAI) and relevant laws and regulations. The findings show that bullying in Indonesia, whether verbal, physical, social, or cyberbullying, has a significant psychological impact on children, increasing the potential for suicide. This study emphasizes the need to strengthen child protection policies and implement more effective psychological support for victims of bullying. In conclusion, this study makes an important contribution to understanding the relationship between bullying and children's mental health, and encourages the improvement of policies and more robust reporting systems in schools to prevent suicide among children who are victims of bullying.

PEMIDANAAN PELAKU TINDAK PIDANA ANAK: ANTARA PERLINDUNGAN DAN PENGHUKUMAN

Ade Rhomana — 2025-12-24

This study aims to analyze the punishment of child criminals in the Indonesian juvenile justice system and to assess the balance between child protection and punishment as a form of criminal accountability. The research method used is normative juridical research with analytical descriptive specifications, which focuses on the study of legal norms, legal principles, and the concept of child punishment in legislation. The data used is secondary data consisting of primary legal materials and secondary legal materials obtained through literature studies. The data is analyzed using qualitative analysis techniques, namely by interpreting and explaining the applicable legal provisions with the practice of child punishment. The results of the study indicate that although the juvenile justice system in Indonesia has normatively placed the protection and best interests of children as the main principle, in practice, punishment still tends to be oriented towards punishment through imprisonment. This approach has the potential to have a negative impact on child development and hinder the process of rehabilitation and social reintegration. This study concludes that the punishment of child criminal offenses should be placed as a last resort and directed towards a more proportional, humanistic approach, oriented towards training and recovery without ignoring the interests of justice for victims and society.

ANALISIS PERLINDUNGAN HUKUM BAGI KORBAN KEKERASAN SEKSUAL BERBASIS INTERNET DITINJAU DARI HUKUM PIDANA DAN KEBIJAKAN KEAMANAN DIGITAL INDONESIA

Reny Okprianti — 2025-12-24

Developments in the field of information and communication technology have created great opportunities for online interaction, but have also increased the potential for sexual violence to occur on the internet. The aim of this research is to analyze how criminal law in Indonesia handles cases of sexual violence that occur online, examine the role of digital security policies in providing protection for victims, and evaluate how effective the regulations that have been implemented in the field are. Using a descriptive-analytical method, this study shows that legal instruments such as the Sexual Violence Crime Law, the Information and Electronic Transactions Law, and the Criminal Code have provided adequate normative foundations to ensnare perpetrators and protect victims. However, its effectiveness is still hampered by the limited ability of authorities to collect digital evidence, the community's low level of digital literacy, and a lack of coordination between the government, digital platforms and organizations assisting victims. Policies regarding digital security have a crucial role in prevention and recovery efforts, but their implementation is still not running optimally. This research emphasizes the importance of systemic strengthening through increasing apparatus capabilities, adaptive policy updates, cross-sector collaboration, and empowering victims to ensure comprehensive protection in the digital world.

STATE RESPONSIBILITY IN ENFORCEMENT OF CITIZENS' CONSTITUTIONAL RIGHTS IN LAND EXECUTION CASES IN TIMOR LESTE

Carolina da Cruz — 2025-12-24

The purpose of this study is to explain and understand the State's Responsibility in Enforcing Citizens' Constitutional Rights in Land Execution Cases in Timor Leste. To explain and understand the Indonesian Government in this case to realize protection and justice for its citizens whose land rights are threatened or lost after the release of Timor Leste. This research uses a normative juridical legal research method. The type of approach used in this research is a case study approach. The sources of normative legal research are primary legal materials, secondary legal materials, and non-legal materials. This study uses a qualitative analysis method. Based on the conclusion that the responsibility of the Timor-Leste state in enforcing the constitutional rights of citizens in land execution cases is represented by the development of land laws to harmonize various legal regimes, namely by developing laws that combine and clarify land rights and the process of claims that are violated and recognize property rights and clarify the legal status of immovable property. The state is also responsible for protecting and upholding the rights of citizens as a whole as stated in the Constitution. The Indonesian government has sought to provide protection and justice for citizens who lost their land rights after the secession of Timor-Leste through various policies, including the establishment of the Truth and Friendship Commission to address human rights violations, and support for resolving land issues through various legal and non-legal mechanisms. However, these efforts often face challenges of legal and bureaucratic complexity, which require special and comprehensive handling from the government.

PERJANJIAN KEMITRAAN PERTASHOP ANTARA PT. PERTAMINA PATRA NIAGA DAN MITRA USAHA DALAM PERLINDUNGAN KONSUMEN BAHAN BAKAR MINYAK

Deri Taraka — 2025-12-30

This study aims to analyze the legal responsibilities of the parties in the partnership agreement between PT. Pertamina Patra Niaga and PT. Braja Slebah Energi (business partner) Pertashop. This study uses a normative legal method by reviewing laws and regulations, legal documents, and literature related to the substance of the Pertashop partnership agreement and fuel consumer protection. The results of the study indicate that PT Pertamina Patra Niaga plays a strategic role in the distribution and marketing of fuel throughout Indonesia through the Pertashop program as a partnership-based service innovation. The Pertashop partnership agreement is in the form of a standard written agreement prepared by PT. Pertamina Patra Niaga as the licensor and product owner with PT. Braja Slebah Energi as the operational manager of fuel distribution and sales. From the aspect of consumer protection, the implementation of fuel distribution through Pertashop has referred to Article 19 of the Consumer Protection Law which requires business actors to provide compensation for consumer losses. It can be concluded that the Pertashop program is an effective instrument in expanding the fuel distribution network in areas not yet served by gas stations through a partnership pattern. Although the cooperation agreement is standard and unilaterally drafted by Pertamina, it remains valid and binding on the parties, clearly defining roles and responsibilities. Furthermore, consumer protection in fuel distribution through Pertashop has a strong legal basis through the implementation of Article 19 of the Consumer Protection Law, which is outlined in the agreement, guaranteeing consumers' rights to compensation in the event of losses.

PENERAPAN ASAS DOMINUS LITIS DALAM HUKUM POSITIF DI INDONESIA SETELAH DISAHKANNYA KUHAP BARU

Lalu Panca Tresna D — 2025-12-13

Prosecutors are central figures in the administration of criminal justice because they have the authority to determine cases (dominus litis) to be forwarded to the courts. However, in fact, the application of the Dominus Litis principle is not optimal, such as the implementation of horizontal supervision and the termination of cases. examines the application of the principle of dominus litis to positit law in Indonesia. Normative legal research with the Approach of the Act; futuristic and comparative. The application of the Dominus litis Principle in the Criminal Procedure Code is contained in Article 1 Number (6) letters a and b; 139, as the principle of functional differentiation in Articles 14 and 137, based on the position and function of the prosecutor in the criminal justice system is regulated in Article 140 paragraph (2); Law No. 11 of 2021 Amendment to Law No. 16 of 2004 and Constitutional Court Decision No. 55/PUU-XI/2013 and No. 29/PUU-XIV/2016. New KUHAP. Prosecutors in Indonesia are in the Executive Institution, have several principles, do not have investigative authority; the scope of criminal, civil and administrative prosecutions of the State and not being double nature of the prosecutors and the macau in the Judiciary, focused on the principle of legality, has the authority to investigate, prosecute criminal and civil prosecutors and is double nature of the prosecutors.

DILEMA WASIAT ANTARA KEHENDAK PEWARIS DAN HAK MUTLAK AHLI WARIS: KAJIAN KOMPARATIF BATASAN TESTAMENTAIR DALAM HUKUM PERDATA DAN HUKUM ISLAM

Mujennih — 2026-01-04

In the Civil Law system, the protection of direct line heirs (legitimaries) is guaranteed through the concept of Legitime Portie (LP) or the Forced Share. A will that violates the LP is not automatically void by law, but rather is voidable and must be actively challenged through the mechanism of reduction (inkorting) by the disadvantaged heir within one year after the succession opens. This principle demonstrates the strong validity of the testator's will if the heir chooses not to file a claim. Meanwhile, in Islamic Law (KHI - Compilation of Islamic Law), the testator's will is quantitatively limited, where a bequest (wasiat) can only be valid for the beneficiary up to a maximum of 1/3 of the estate left by the testator. A will exceeding this limit can become valid if there is an agreement among the heirs who receive the inheritance. However, case studies in the Religious Courts demonstrate jurisprudential flexibility, where the 1/3 KHI limit can be set aside (Supreme Court Decision No. 34K/Pdt.G/2022) if the remaining heirs are classified as distant relatives (Dzawil Arham) whose position is ambiguous in the KHI, thus making the authority of the testator's will more dominant.