Collegium Studiosum Journal

IMPLIKASI HUKUM ATAS PENGGUNAAN TENAGA KERJA ASING DALAM TINJAUAN HUKUM KEIMIGRASIAN

Jay Joshua Kondorura, Muhammad Arief Hamdi, Muhammad Alvi Syahrin — Wed, 25 Jun 2025 00:00:00 -0400

Penelitian ini bertujuan untuk mengkaji secara komprehensif peranan Hukum Keimigrasian dalam menyesuaikan keberadaan Tenaga Kerja Asing, serta menganalisis implikasi hukum yang dihadapi oleh Tenaga Kerja Asing sebagai akibat dari penerapan kebijakan dan peraturan Keimigrasian. Pendekatan yang digunakan adalah yuridis normatif dengan metode analisis kualitatif melalui studi literatur. Temuan penelitian ini menyoroti peran Hukum Keimigrasian dalam mengatur keberadaan Tenaga Kerja Asing, yang mencakup pemberian Visa dan Izin Tinggal, keberadaan penjamin, pengawasan terhadap kegiatan Tenaga Kerja Asing, hingga tindakan hukum apabila terjadi pelanggaran oleh Tenaga Kerja Asing. Tenaga Kerja Asing juga memiliki kewajiban hukum seperti masuk dan keluar melalui Tempat Pemeriksaan Imigrasi resmi, memiliki dokumen keimigrasian yang sah dan masih berlaku, memberikan informasi kepada pejabat imigrasi, bekerja sesuai dengan izin tinggal yang dimiliki, serta mematuhi ketentuan hukum yang berlaku di Indonesia.

MOTIF IDEOLOGI, POLITIK, KEAMANAN: TINJAUAN ASPEK PEMBUKTIAN DALAM TINDAK PIDANA TERORISME DI INDONESIA

Wed, 25 Jun 2025 00:00:00 -0400

Law Number 5 of 2018 concerning Terrorism (Law No. 5/2018) incorporates the element of motive ideology, politics, or security disturbance within the definition of terrorism, signifying a crucial assertion in Indonesian penal policy. This research, employing a normative juridical method with statutory, conceptual, and limited secondary data-based case analysis approaches, scrutinizes the fundamental problematics associated with said motive element. The findings indicate that the absence of an operational definition for the motive phrase in the Law's elucidation engenders ambiguity. Regarding its legal status, it remains debatable whether it functions as a general qualification or a constitutive element of the offense (delict) that necessitates proof under each criminal provision. Furthermore, the substantiation of subjective motive presents a significant challenge in judicial practice. Consequently, the implementation of this motive element potentially fosters legal uncertainty and the risk of subjectivity in law enforcement. This study recommends limited amendments to the Law, the issuance of interpretative guidelines by the Supreme Court, and internal directives for law enforcement agencies to ensure legal certainty and the observance of Human Rights in combating terrorism.

TINJAUAN PENERAPAN UUK-PKPU TERHADAP HAK KREDITOR PEMEGANG HAK TANGGUNGAN DALAM MELAKSANAKAN EKSEKUSI AGUNAN

Biner Sihotang, Mesa Indra Naiborhu — Wed, 25 Jun 2025 00:00:00 -0400

The Bankruptcy and Postponement of Debt Payment Obligations Law (UUK-PKPU) provides space for debtors to postpone debt payments and restructure their obligations. However, the existence of a 90-day stay provision in the PKPU process has caused serious problems with the rights of creditors holding mortgage rights, especially in efforts to carry out collateral execution. This study aims to analyze the application of the provision in the context of legal protection of creditors, review its compatibility with the principles of legal certainty and justice, and criticize the potential for legal smuggling that may occur in practice. Through a normative approach and literature study, including linking the conflict of norms between UUK-PKPU and the Mortgage Rights Law (UUHT), this article shows that the dominance of the lex posterior derogat legi priori principle in this context often ignores substantive justice for creditors. The results of this study emphasize the need for legal reform of the PKPU stay period and the balancing of protection between debtors and creditors in the process of postponing debt payment obligations. These findings reinforce the urgency of regulatory reorganization to prevent irregularities in the implementation of bankruptcy law in Indonesia.

KEBIJAKAN PEMIDANAAN KORPORASI DALAM RUU KUHP: ANALISIS NORMATIF DAN KESIAPAN PRAKTIS APARAT PENEGAK HUKUM

Dewi Nawang Bulan, Nandang Sambas — Wed, 25 Jun 2025 00:00:00 -0400

This article analyzes corporate criminal liability policy as stipulated in the Draft of the Indonesian Criminal Code (RUU KUHP). The study focuses on two essential dimensions: the normative construction of corporate criminal responsibility and the practical readiness of law enforcement agencies to implement this policy. Employing a normative legal method with conceptual and comparative approaches, this research finds that despite the progressive legal framework in the RUU KUHP, the institutional and technical readiness of legal practitioners remains limited. Strengthening institutional capacity and drafting comprehensive technical guidelines are crucial to ensure the effective enforcement of corporate criminal liability in Indonesia.

ANALISIS YURIDIS PEMBERHENTIAN KEPALA DESA YANG MENJADI TERPIDANA KASUS KORUPSI DI KABUPATEN CILACAP

Galang Bakti Persada, Gamalel Rifqi Samhudi — Mon, 30 Jun 2025 00:00:00 -0400

The dismissal of the village head is an important aspect in the running of the village government. Village heads are dismissed for violating the provisions stipulated in the law, one of which is corruption. The dismissal mechanism is often not aligned between the rules and practices in the field. Therefore, this study discusses the mechanism for dismissing village heads who are caught in corruption cases. This study aims to analyze the suitability of the mechanism for dismissing village heads with applicable legal provisions and evaluate its application in practice. The method used is an empirical juridical approach, which examines relevant laws and regulations and combines them with the results of field observations and interviews. The object of this research is the process of dismissal of the Panisihan Village Head, who was permanently dismissed in 2021 before a court decision with permanent legal force in 2023. The results show that administratively, the dismissal process has followed formal procedures through the authorized institution. However, juridically, the permanent dismissal raises issues in the application of the principle of legal certainty because there was no legal basis in the form of a court decision when the dismissal was made. This study concludes that although the government's steps are considered quick in maintaining the stability of the village government, they have not fully fulfilled the requirements of the legal certainty principle.

PUTUSAN PENJATUHAN PIDANA SEUMUR HIDUP DALAM KASUS PEMBUNUHAN BERENCANA DENGAN TERDAKWA FERDY SAMBO DITINJAU DARI PERSPEKTIF TEORI KEADILAN

Aulia Adelia Wulandari, Rahtami Susanti — Mon, 30 Jun 2025 00:00:00 -0400

The premeditated murder case involving the defendant Ferdy Sambo has attracted attention due to its involvement of law enforcement officers and resulting in a life imprisonment sentence. This research aims to analyze the ruling from the perspective of justice theory, particularly according to Aristotelian views. The method used is a juridical-normative approach to the judge's ruling and legal considerations. The findings indicate that the decision reflects retributive justice leaning towards a more rehabilitative and humane approach. However, in distributive and corrective justice, debates arise regarding the proportionality of the punishment, the defendant's position as a former high-ranking police officer, and public expectations of justice. This ruling is legally valid, yet it leaves unresolved moral and ethical questions in its implementation.

TINJAUAN IMPLEMENTASI DISPENSASI PERKAWINAN

Sudibyo Aji Narendra Buwana, Nadya Damanik, Muhammad Habib — Mon, 30 Jun 2025 00:00:00 -0400

Marriage is the literal nature of living beings, especially humans. When the prospective husband or prospective wife is not yet 19 years old, either one or both of them, a marriage dispensation must be requested to the local religious court. The type of research used by researchers in this study is normative juridical. In this study, data processing and analysis used qualitative descriptive analysis. The conclusion is drawn deductively. The result of the research as a conclusion is the implementation of the implementation of marriage dispensation in Decision Number 3/Pdt.P/2024/PA.Kab.Mlg reviewed based on Law No. 16 Th. 2019 is in accordance with Article 7 paragraphs 1 and 2 of Law No. 16 th. 2019 which reads “marriage is only permitted if the man and woman have reached the age of 19 (nineteen) years and reads ‘In the event of a deviation from the age provisions as referred to in paragraph (1), the parents of the male party and/or the parents of the female party may request dispensation to the Court on very urgent grounds accompanied by sufficient supporting evidence. The suggestions given by the researchers are that parents should always supervise and provide education to their respective children who are entering puberty so that they do not fall into promiscuity so that children avoid underage marriage so that parents do not apply for marriage dispensation, the Religious Court and the Regional Government of Malang Regency are expected to increase counseling efforts related to the impact that will arise as a result of the implementation of underage marriage and the judges who hear applications for marriage dispensation to be more thorough and careful, so that this application for marriage dispensation is treated as an emergency, so that it cannot be decided arbitrarily.

PERLINDUNGAN HUKUM TERHADAP PEREMPUAN PEMBELA HAK ASASI MANUSIA DI INDONESIA

Verawati BR Tompul — Mon, 30 Jun 2025 00:00:00 -0400

Women human rights defenders are agents of change, defending the interests of citizens and groups who often have no access to justice. When women human rights defenders assist a community or group, they are highly vulnerable to threats, including sexual harassment, rape threats, death threats, frequent reporting to the police by the other party, cyber attacks, physical, psychological and verbal abuse, defamation, attacks on family and murder. The vulnerability experienced by PPHAMs is a form of structural violence rooted in a patriarchal legal and social system. The state has a duty to protect PPHAM, i.e. to create a safe and comfortable environment for them. To protect PPHAM from criminalisation. The legal protection of PPHAM must be a priority for the state and civil society to ensure a safe and just space.

INKONSISTENSI HUKUM PENGATURAN PENGEMBALIAN UANG HASIL KORUPSI DARI PERSPEKTIF KEPASTIAN HUKUM

Rahmat Tul Qadri, Bagio Kadaryanto, Yelia Nathassa Winstar — Mon, 30 Jun 2025 00:00:00 -0400

From the perspective of legal certainty, inconsistency in the regulation of the return of corruption proceeds can create uncertainty in the implementation of the law and the legal process in general. Inconsistency or inconsistency between these three regulations can create confusion in the legal process related to the return of corruption proceeds. Legal certainty is an important principle in the legal system that demands consistency and clarity in the applicable regulations. Therefore, there needs to be an effort to formulate more consistent and comprehensive regulations regarding the return of corruption proceeds to ensure better legal certainty. The purpose of this study is to analyze the legal inconsistency of the regulation of the return of corruption proceeds from the perspective of legal certainty and to analyze the legal consequences of the inconsistency of the regulation of the return of corruption proceeds from the perspective of legal certainty. The method used is normative legal research. Based on the results of the study, it is known that the Inconsistency of the Law on the Return of Corruption Proceeds from the Perspective of Legal Certainty is that the Indonesian legal system is weak in guaranteeing legal certainty. Multi-interpretable legal provisions, the absence of standard asset return mechanisms, and inconsistent judicial practices create confusion in implementation.

ANALISIS PUTUSAN PTUN NO. 403/G/2024/PTUN.JKT: DISKREPANSI ANTARA LEGALITAS FORMAL DAN KEADILAN SUBSTANTIF

Timbo Mangaranap Sirait, Khalimi, Ignatius Bambang Sukarno Hatta — Mon, 30 Jun 2025 00:00:00 -0400

Semakin bertambahnya jumlah penduduk, tanah dari sudut ekonomi sangat berfungsi baik bagi masyarakat maupun negara sehingga seringkali terjadi sengketa atas tanah karena pejabat tata usaha negara memiliki kewenangan administratif sebagaimana dalam Putusan PTUN No. 403/G/2024/PTUN.JKT. Penelitian dilakukan dengan metode Yuridis Normatif melalui studi kepustakaan dan analisa kasus, dengan rumusan masalah (1) Bagaimana bentuk diskrepansi antara legalitas formal dan keadilan substantif dalam Putusan PTUN No. 403/G/2024/PTUN.JKT?, (2) Bagaimana analisis teori hukum responsif menjelaskan ketidaksesuaian antara tindakan administratif dengan prinsip keadilan hukum?, dan disimpulkan bahwa, Pertama, bentuk diskrepansi antara legalitas formal dan keadilan substantif dalam Putusan PTUN No. 403/G/2024/PTUN.JKT, di mana suatu putusan yang telah berkekuatan hukum tetap (inkracht) sehingga tidak dapat diganggu gugat secara hukum. Namun dalam praktiknya diabaikan, dan justru Putusan yang lain menjadi dasar administratif penerbitan sertifikat. Kedua, dalam hal dianalisis teori hukum responsif menjelaskan ketidaksesuaian antara tindakan administratif dengan prinsip keadilan hukum dalam perkara tersebut, ditemukan hal mana dalam penegakkan hukum administrasi di Indonesia konsep hukum responsif akan jauh lebih relevan untuk diterapkan.

TINJAUAN IMPLEMENTASI HAK-HAK NORMATIF PEKERJA

Sudibyo Aji Narendra Buwana, Aris Prio Agus Santoso, Peter Guntara — Mon, 30 Jun 2025 00:00:00 -0400

Workers' normative rights are one of human rights on nickel mining company. The formulation of the problem is how the implementation of the normative rights of workers on national strategic projects while the purpose of the research is to analyse the implementation of the rights of workers on national strategic projects. The type of research used by researchers in this study is empirical juridical. The research approach used in this research is a juridical sociological approach. Data collection techniques using in-depth interviews and observation. All primary and secondary data in this study were collected and analysed qualitatively. The results show that the implementation of workers' normative rights has been well implemented. The conclusion is that the implementation of normative rights in national strategic projects has gone well. This is evidenced by the fact that the national strategic project has fulfilled the normative rights of workers, including the right to wages based on UMP, the provision of THR rights, the right to menstrual/haid leave, the right to maternity leave, the right to miscarriage leave, the right to special facilities at certain hours for female workers, the right to annual leave, the right to sabbatical leave, the right to roster leave for workers from outside the area, the right to leave work with pay, the right to special facilities at certain hours for female workers, the right to occupational safety & health, the right to get BPJS Employment benefits JHT, JKK, JK, JP, and the right to health maintenance insurance.

PENENTUAN SUBJEK HUKUM DALAM PERTANGGUNGJAWABAN PIDANA ATAS PEMBERITAAN PENCEMARAN NAMA BAIK OLEH PERS

Arsem Wulandari, Nandang Sambas — Mon, 30 Jun 2025 00:00:00 -0400

Freedom of the press is an important foundation of democracy, but it is not without limits. There are legal limits that must be adhered to, especially regarding news that can defame a person's good name. This article discusses who can be held criminally responsible if the press reports defamation, based on Law Number 40 of 1999 concerning the Press. This study uses a normative-juridical method, namely by analyzing relevant laws, legal theories, and court decisions. The results show that the Press Law actually prioritizes dispute resolution through the Press Council. However, if this defamation case has met the elements of a crime, the responsible party is not only the journalist. This can also include the person in charge of the editorial office, the press company, and even other parties involved in the crime. To determine who is responsible, an in-depth analysis is needed of the roles and responsibilities of each party in the production and distribution of news.

ANALISIS KEWENANGAN LEMBAGA NEGARA DI BAWAH KEKUASAAN EKSEKUTIF SEBAGAI PELAKSANA UNDANG-UNDANG

Nandaswara Shandi Putra, Gamalel Rifqi Samhudi — Mon, 30 Jun 2025 00:00:00 -0400

In Indonesia, the discussion on independent state institutions has been growing rapidly since the reform era. One issue that continues to be discussed to this day is the extent to which the law guarantees the independence of an institution, in this case specifically the Corruption Eradication Commission (hereinafter KPK). However, after the amendment of the KPK Law, the existence of this institution has caused debate in the community. From one point of view, the KPK is explicitly stated as part of the executive power, but from another point of view it is also emphasized that in carrying out its duties and authorities, the KPK remains independent and is not under the influence of any power. The purpose of this study is to determine and analyze the independence of state institutions under executive power, and to determine and analyze the impact of the Corruption Eradication Commission being a state institution under executive power. This research is expected to contribute to the development of legal science, especially in constitutional law. Practically, the results of this research are also expected to be a reference and input for parties in the field of law, as well as a medium to expand knowledge. This research uses a normative juridical approach, which is a legal research method that relies on the analysis of available literature. The specification of this research is descriptive analytical, namely a comprehensive description of the positive legal conditions prevailing in society. The data collection technique used is literature study. The existence of a supervisory board in the Corruption Eradication Commission is based on a number of important reasons, namely the Super Body Principle, (because it has much broader authority compared to the Police and the Attorney General's Office), then Abuse of Power.

IMPLEMENTASI PENGELOLAAN BARANG BUKTI TINDAK PIDANA DI WILAYAH HUKUM POLRESTA PEKANBARU

Dekky Muhardi, Irawan Harahap, Rudi Pardede — Mon, 30 Jun 2025 00:00:00 -0400

In the jurisdiction of the Pekanbaru City Police Resort, as part of the Indonesian National Police tasked with maintaining public security and order, the management of criminal evidence should be carried out professionally, transparently, and in accordance with applicable legal provisions, as stipulated in the Indonesian Criminal Procedure Code (KUHAP), the Indonesian Criminal Code (KUHP), and internal police regulations. The purpose of this research is to analyze the implementation of criminal evidence management within the jurisdiction of the Pekanbaru City Police Resort, to examine the obstacles in its implementation, and to explore efforts to overcome these obstacles. The research method used is sociological legal research. Based on the research findings, it is known that the implementation of criminal evidence management in the jurisdiction of the Pekanbaru City Police Resort has not been running as it should. Although the formal procedures for managing evidence have been regulated through procedural law and internal police regulations, in practice, some pieces of evidence are still being stored within individual units rather than in centralized, standardized facilities. The obstacles in implementing evidence management include lack of coordination between investigators and other relevant units involved in the criminal justice process, inadequate infrastructure and storage facilities, and the absence of an optimal internal supervision system over evidence management processes. Efforts to overcome these challenges include strengthening inter-departmental coordination, encouraging the digitization of evidence administration systems, improving physical storage facilities, and pushing for adequate budget allocation from the police institution as well as support from local governments to ensure that evidence storage facilities meet ideal standards. Additionally, enhancing the integrity and professionalism of personnel involved in the management of criminal evidence is also a crucial measure.

RESTORATIVE JUSTICE: SAAT HUKUM MENDENGARKAN KORBAN

T. Banjar Nahor — Mon, 30 Jun 2025 00:00:00 -0400

This paper explores restorative justice as a response to the limitations of the conventional criminal justice system, which has traditionally focused more on punishing offenders than on restoring victims. Restorative justice shifts the paradigm by placing victims at the center of the legal process, allowing their voices to be meaningfully heard. This study employs a normative juridical method with a qualitative approach, analyzing legal frameworks, theories, and current practices in Indonesia. The findings indicate that while policies such as the Prosecutor’s Regulation No. 15 of 2020 and the Indonesian National Police Regulation No. 8 of 2021 have opened pathways for restorative justice, practical challenges remain—ranging from institutional resistance and public misunderstanding to potential misuse. Thus, there is a pressing need to strengthen the justice system’s capacity to become more empathetic and victim-centered, emphasizing healing over retribution. impact on the contractor or individual/private legal entity.

AKIBAT HUKUM PEMBATALAN AKTA JUAL BELI TANAH MELALUI PUTUSAN PENGADILAN NEGERI TERHADAP KEPEMILIKAN HAK ATAS TANAH

Elvan Agustin, Fahmi, Irawan Harahap — Mon, 30 Jun 2025 00:00:00 -0400

The Cancellation of Land Sale and Purchase Deeds through Court Decisions Has Complex Implications. It not only alters the legal status of land ownership but also affects the civil rights of the parties involved, the legal responsibilities of the Land Deed Official (PPAT), and administrative arrangements at the National Land Agency (BPN). Therefore, the cancellation process must be carried out carefully and based on strong evidence to avoid creating new legal uncertainties in society. The method used is normative legal research. Based on the research findings, Legal Protection for Good Faith Buyers emphasizes that every land sale and purchase transaction must comply with applicable legal provisions. A good faith buyer—one who purchases land honestly and without knowledge of legal defects in the transaction—is entitled to legal protection. If a land sale and purchase deed is cancelled by a court decision, the good faith buyer must be protected through compensation or a refund to ensure their rights are not neglected. The Legal Consequences of the Cancellation of a Land Sale and Purchase Deed through a Court Decision impact the ownership status of the land. Such cancellation causes the land rights to revert to the seller, and the buyer can no longer claim ownership. In this case, a refund or compensation becomes an essential step to restore the good faith buyer’s position. Additionally, the land administration process must be updated to reflect the new status of the land in accordance with the court's decision.

PENGATURAN HUKUM TERHADAP TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI MEDIA SOSIAL

Novianti, Nandang Sambas — Mon, 30 Jun 2025 00:00:00 -0400

Legal regulation of defamation through social media is becoming an increasingly complex issue because it is carried out in a digital space that does not recognize territorial and time boundaries. The purpose of this study is to find out what are the legal regulations regarding criminal acts of defamation on social media based on Law Number 11 of 2008. The research method used is a normative research type because this study describes existing problems, to be further discussed with studies based on legal theories and then linked to applicable laws and regulations in legal practice. Article 27 Paragraph (3) of Law Number 11 of 2008 concerning the ITE Law states that anyone who intentionally and without the right distributes and / or transmits and / or makes accessible electronic information that contains insults and / or defamation. Criminal sanctions for violations of this article are regulated in Article a maximum of 4 (four) years imprisonment and / or a maximum fine of Rp. 750,000,000.00 (seven hundred and fifty million rupiah.”

PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PERJUDIAN

Try Krisna Monarchi, Yetti, Yeni Triana — Mon, 30 Jun 2025 00:00:00 -0400

TINJAUAN YURIDIS PIDANA TAMBAHAN PEMECATAN TERHADAP OKNUM TNI YANG MELAKUKAN PENYALAHGUNAAN NARKOTIKA

T. Banjar Nahor, Ngadiyanto, Ahmad Yusuf — Mon, 30 Jun 2025 00:00:00 -0400

This study aims to determine the law enforcement mechanism against TNI members involved in narcotics abuse, sentenced to additional punishment of dismissal from military service and the impact of imposing additional punishment of dismissal from military service can reduce the level of narcotics abuse in the TNI environment. This study is a type of normative legal research. The results of the study concluded that law enforcement against TNI soldiers who commit narcotics abuse crimes are sentenced to additional punishment of dismissal based on Article 127 Paragraph (1) letter a of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics Juncto Article 26 of the Criminal Code Juncto Article 190 Paragraph (1), Paragraph (3) and Paragraph (4) of the Republic of Indonesia Law Number 31 of 1997 concerning Military Justice and other relevant statutory provisions, then the defendant Peltu Mulyawan should be punished and additionally dismissed from military service. The imposition of additional criminal penalties of dismissal can reduce the number of drug abuse in the TNI environment by imposing a principal prison sentence and an additional sentence in the form of dismissal from military service, as has been decided by the Panel of Judges against the Defendant Peltu Mulyawan. If in a settlement of a narcotics crime case committed by a TNI soldier, the judge does not impose an additional criminal sentence of dismissal, then this will actually have the effect of disrupting discipline and greater military interests with the presence of soldiers who commit narcotics crimes on duty, because the negative impacts caused by narcotics in the form of nerve damage and mental health as well as physical decline due to narcotics, will make devotion less than optimal.

VALIDITAS PEMBERHENTIAN DALAM JABATAN DIREKTUR RUMAH SAKIT UMUM DAERAH DR. H. JUSUF SK KALIMANTAN UTARA

Timbo Mangaranap Sirait, Khalimi, Maman Sudrajat — Mon, 30 Jun 2025 00:00:00 -0400

Aspek hukum yang digunakan dalam penelitian ini bertujuan untuk menganalisis putusan Pengadilan Tata Usaha Negara Samarinda Nomor 13/G/2023/PTUN.SMD akibat gugatan terhadap Gubernur Kalimantan Utara akibat terbitnya Keputusan Gubernur Kalimantan Utara Nomor 824/167/2-2-BKD tentang Pemberhentian Dr. Rustan Samsuddin dari jabatannya sebagai Direktur RSUD dr. H. Jusuf SK Kaltara pada tanggal 7 Maret 2023 sehingga menjadi objek sengketa KTUN. Gubernur Kalimantan Utara menerbitkan Keputusan tentang pemberhentian Dr. H. Rustan Samsuddin dari jabatannya sebagai Direktur RSUD dr. H. JUSUF SK Provinsi Kalimantan Utara dan dipindahtugaskan pada jabatan baru sebagai analis kesehatan pada Dinas Kesehatan Provinsi Kalimantan Utara. Metode penelitian Yuridis Normatif digunakan dengan menganalisis putusan Gubernur Kalimantan Utara. Pencabutan Keputusan Gubernur Kalimantan Utara Nomor 824/167/2-2-BKD yang berisi pemberhentian dr. RS dari jabatan direktur Rumah Sakit Umum Daerah tanggal 7 Maret 2023 mengabulkan seluruh permohonan pemohon dalam membatalkan dan mengharuskan keputusan Gubernur tersebut dicabut dan mengembalikan jabatan penggugat sebagai Direktur Utama Rumah Sakit Umum Daerah dr. H. JUSUF SK Kalimantan Utara serta memulihkan harkat dan kehormatannya sesuai dengan peraturan perundang-undangan yang berlaku dan keputusan tersebut dinyatakan batal demi hukum.

ASPEK PERJANJIAN SEWA RUMAH DENGAN KESEPAKATAN LISAN

Mon, 30 Jun 2025 00:00:00 -0400

Tujuan penelitian ini untuk mengetahui bagaimana bila terjadi wanprestasi sewa menyewa rumah oleh pemberi sewa. perjanjian dibuat secara lisan dan hanya dibuktikan dengan bukti bayar sewa yaitu nota bon, siapa yang dapat membuktikan bahwa ada hak daan kewajiban dari para pihak yang harus dipenuhi. Metode penelitian yang digunakan dalam penelitian ini adalah pendekatan kualitatif, dengan pendekatan penelitian normatif. Metode pengumpulan data melalui wawancara dan dokumentasi. Analisis data dilakukan dengan menggabungkan hasil data yang diambil dari pengumpulan data dan dihubungkan untuk mendapatkan jawaban dari hasil penelitian. Bila terjadi wanprestasi atas perjanjian sewa rumah yang dibuat dengan kesepakatan lisan, maka akan ada pihak yang dirugikan terutama pihak penyewa jika wanprestasi nantinya terjadi dari pemberi sewa. Maka dari itu perlunya kesepakatan tertulis baik itu dibuat dibawah tangan oleh para pihak untuk melindungi hak dan kewajiban masing-masing pihak dalam sewa menyewa rumah

PEMENUHAN HAK-HAK PEKERJA PADA HOME INDUSTRY BULU MATA PALSU

Lisa Windiarti, Susilo Wardani — Mon, 30 Jun 2025 00:00:00 -0400

Entrepreneurs in the informal sector of the false eyelash home industry in Padamara Sub-District, Purbalingga Regency, have made efforts to comply with basic legal requirements through the possession of a Business Identification Number (NIB). However, several home industries in this area still lack NIBs, resulting in limited access to legal recognition and business protection. This study aims to analyze the fulfillment of workers rights in the false eyelash home industry in Padamara Sub- District, Purbalingga Regency, and to identify the factors that hinder these businesses from obtaining legal permits. The research employs both normative juridical and empirical juridical methods. Thenormative juridical approach is conducted through literature review, including books, journals, and relevant legislation. The empirical juridical method involves interviews with key informants to obtain primary research data. The findings reveal two main points: First, the fulfillment of workers normative rights does not yet align with Law Number 13 of 2003 concerning Manpower. This includes issues such as the right to a fair wage, reasonable working hours, absence of clear and written employment agreements, and lack of occupational safety and health protectionslargely due to the informal status of these workers. Second, several factors hinder the fulfillment of workers rights in the false eyelash home industry in Padamara, including the lack of legal incorporation of these businesses, limited understanding among business owners regarding the importance of legal registration, perceptions that licensing processes are complex and costly, and the prevailing subcontracting and nonpermanent work system. Moreover, cooperatives, which serve as the operational platform for these businesses, also contribute to the slow progress in formalizing these enterprises.

PELAKSANAAN PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCURIAN PEMBERATAN

Ryan Meinecky, Bagio Kadaryanto, Rudi Pardede — Mon, 30 Jun 2025 00:00:00 -0400

Qualified Theft refers to theft committed under certain circumstances or using specific methods that make the crime more severe, and therefore subject to harsher penalties than ordinary theft. This involves two or more individuals collaborating in the act of theft, such as jointly taking possessions. The purpose of this research is to analyze the Implementation of Law Enforcement Against the Crime of Qualified Theft in the Jurisdiction of Pekanbaru, to examine the obstacles in its enforcement, and to explore efforts to overcome those obstacles. The method used is sociological legal research. Based on the findings, law enforcement against the crime of qualified theft in Pekanbaru has not been optimally implemented. This is evident from the continued prevalence of aggravated theft cases, such as motorcycle theft, house and business burglaries, and theft from public facilities—often occurring repeatedly and in close timeframes. The high frequency of such crimes reflects a gap between legal enforcement efforts and the reality of criminal activity in the field. Obstacles to effective law enforcement include: Limited human resources compared to the volume of incoming reports each day, The socio-economic background of offenders—typically from lower-income groups with limited education, A lack of strong evidence and minimal technological support in the evidence-gathering process, Social interference from the perpetrator’s environment, including familial pressure on victims to withdraw their reports. Efforts to overcome these challenges involve: Improving the quality of investigations by strengthening human resources and applying digital technology, Enhancing police-community partnerships through initiatives like neighborhood-based police officers, legal education, and community empowerment via communication and coordination forums (FKPM), Optimizing cross-functional coordination and expediting case handling based on the principles of professionalism and proportionality, Reinforcing scientific investigation techniques such as detailed crime scene processing, forensic evidence collection, and utilizing CCTV footage and digital forensics as supporting evidence.

PEMBERHENTIAN ANGGOTA DPRD KARENA PINDAH PARTAI POLITIK DALAM PERSPEKTIF KEADILAN

Reski, Ardiansah, Yelia Nathassa Winstar — Mon, 30 Jun 2025 00:00:00 -0400

Article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia explicitly states that "every person shall have the right to freedom of association, assembly, and expression." The right to associate should not be narrowly interpreted as applying only to the general public but must also include the rights of politicians or members of parliament to freely determine their political affiliations and stances. Therefore, when someone chooses to switch parties for ideological, ethical, or constituent-related reasons, such action is constitutionally protected. Upholding dismissal solely on the basis of party-switching, as affirmed by the Constitutional Court, indirectly restricts citizens’ constitutional rights to associate, potentially amounting to a systemic human rights violation, carried out through legal mechanisms that ought to protect individual freedoms. The purpose of this research is to analyze the legal provisions regarding the dismissal of regional legislative council (DPRD) members who change political parties according to Indonesian legislation, and to evaluate whether such dismissal reflects the principle of justice for all parties involved. The method employed in this study is normative legal research. Based on the research findings, it is evident that the legal provisions for the dismissal of DPRD members who switch parties are regulated in several legislative instruments in Indonesia. The main legal basis is found in Law Number 23 of 2014 concerning Regional Government, reinforced by Law Number 7 of 2017 concerning General Elections, and rulings of the Constitutional Court (MK). These provisions are controversial as they potentially conflict with Article 28E paragraph (3) of the 1945 Constitution, which guarantees every citizen the right to association, assembly, and expression. Thus, while positive law grants political parties the legal right to dismiss their members who switch parties, from a normative and constitutional perspective, this remains a contentious issue in the context of human rights and the principles of a rule-of-law state. The dismissal of DPRD members for switching parties may reflect the principle of justice when viewed through the lens of procedural and substantive justice. In the context of positive law, such action is often justified as fair treatment toward political parties that feel disadvantaged by a legislator switching parties after winning a seat. According to this logic, parties believe they have the right to reclaim the political mandate, as the legislative seat is legally considered the property of the party. However, when viewed through the lens of justice theory, especially John Rawls’ concept of justice as fairness, such action is not necessarily substantively just. Rawls asserts that justice requires a balanced protection of each individual’s basic rights, and systems must be arranged to be as fair as possible to all parties—particularly to those who are least advantaged. In this context, a DPRD member dismissed for switching parties is exercising their constitutionally protected freedom of association and expression. If justice is assessed solely from the party’s perspective, then substantive justice for the DPRD member and the constituents they represent is overlooked. Therefore, even though the dismissal of DPRD members for party-switching has a normative legal basis, from a justice perspective, such actions may not reflect genuine justice for all parties. Voters and the DPRD members as political individuals may be harmed if such decisions are made without comprehensive consideration of their rights and voices.

PENERAPAN HUKUM TERHADAP PELAKU PENYEBARAN KONTEN PORNOGRAFI

Muhammad Rizki, Irawan Harahap, Rudi Pardede — Mon, 30 Jun 2025 00:00:00 -0400

Pornography in Indonesia is a serious concern for the government, as the Associated Press once stated that Indonesia could become the next haven for pornography. This is due to the ease with which erotic or sensual images and information can now be downloaded and accessed simply for viewing or enjoyment. Certain individuals have taken advantage of this situation by developing and commercializing pornographic materials. Such content can now be found almost anywhere, with virtually no restrictions on accessing pornographic videos or images. The spread of pornographic content through the internet has become increasingly easy and fast, necessitating firm actions to prevent it. The objective of this study is to analyze the enforcement of the law against individuals who distribute pornographic content under Law No. 44 of 2008 on Pornography (Case Study at the Criminal Investigation Unit of Pekanbaru City Police). Specifically, it aims to examine the obstacles in the implementation of criminal law against the distribution of pornographic content, and to analyze the efforts and solutions to overcome these obstacles under the same law. The research method used is a sociological legal approach. The findings reveal that the enforcement of the law against perpetrators of pornographic content distribution has been carried out by the Criminal Investigation Unit of the Pekanbaru City Police in accordance with the provisions of the Pornography Law and the Law on Electronic Information and Transactions (ITE Law). Legal enforcement involves stages of investigation, inquiry, and case transfer to the prosecution, guided by relevant criminal provisions. However, the enforcement is not yet fully effective, as many cases remain undisclosed or do not proceed to prosecution—particularly those involving distribution through social media and digital applications. The obstacles identified include: difficulties in digital evidence collection due to the use of anonymous accounts and VPNs by perpetrators; limited forensic digital capabilities among law enforcement officers; ambiguous legal norms within the Pornography Law that lead to varied interpretations; and low public awareness regarding the dangers of distributing obscene content. Additional challenges include cultural and psychological barriers that deter victims from reporting, and weak coordination among institutions and digital platform providers in addressing pornographic content. Proposed solutions include: enhancing law enforcement capacity through digital forensic training; harmonizing legal norms to make them clearer and more operational; increasing digital literacy and legal education among the public; and optimizing cooperation between the government and internet service providers. A restorative justice approach can also be considered in certain cases, especially those involving children or adolescents, to ensure that law enforcement remains humane. Furthermore, the establishment of a dedicated cybercrime unit to professionally and sustainably handle digital pornography cases is essential.

PENEGAKAN HUKUM BAGI WARGA NEGARA YANG MEMILIKI IDENTITAS KEPENDUDUKAN GANDA MENURUT UNDANG-UNDANG NOMOR 24 TAHUN 2013 TENTANG ADMINISTRASI KEPENDUDUKAN

Shafira Rizqyta Amalia Putri, Indriati Amarini — Mon, 30 Jun 2025 00:00:00 -0400

This study discusses law enforcement against citizens who have dual citizenship based on Law Number 24 of 2013 concerning Population Administration. The research method used is a normative juridical approach, by analyzing laws and regulations, legal literature, policy documents, and scientific works that are relevant to the content and discussion. The results of the study show that the ownership of dual identities is still a serious problem in the administrative system in Indonesia which occurs as a result of the weakness of the existing population information and administration system and then becomes a gap for irresponsible individuals to commit a violation of duplication of population identity, and lack of legal awareness of the importance of maintaining identity documents belonging to each individual. to misuse of identity for personal gain. Law enforcement is carried out through administrative mechanisms such as biometric verification and clarification, and can be followed with appropriate sanctions if elements of intentionality are found. The main obstacles in its implementation include limited infrastructure for the government to reach remote areas, human resources, and weak data integration between agencies. Therefore, it is necessary to strengthen technical regulations, update the SIAK system, increase legal literacy in the community, and synergy across institutions to ensure administrative order and social justice based on a single identity.

PERLINDUNGAN HUKUM BAGI ANAK KORBAN EKSPLOITASI SEKSUAL

Ridwan Rizki, M. Yusuf DM, Andrizal — Mon, 30 Jun 2025 00:00:00 -0400

The phenomenon of child sexual exploitation shows an alarming trend. Although the number of cases is not always high quantitatively, the impact on victims is extremely serious and multidimensional affecting physical, psychological, social aspects, and the child’s future. Reported cases often involve girls under the age of 18 who fall victim to people close to them, such as familiar adults, neighbors, or even family members. In several instances, victims are drawn into covert prostitution networks, either directly or through social media, where they are lured with promises of money, jobs, or even love, only to end up being trafficked and sexually exploited. The aim of this research is to analyze Legal Protection for Children Victims of Sexual Exploitation in the Jurisdiction of Siak Police, to examine the obstacles in providing such protection, and to explore solutions to overcome these challenges. This study uses a sociological legal research method. Based on the findings, it is revealed that while legal protection for children victims of sexual exploitation in the jurisdiction of Siak Police is already in place, its implementation is not yet optimal, due to various challenges both in law enforcement and victim support services. This is evident from the continued occurrence of child sexual exploitation cases, both those that have been handled and those that remain undisclosed. This situation shows that, although legal instruments and related institutions exist, their implementation at the practical level is not yet fully effective in providing maximum protection to children as the most vulnerable group. One key indicator of the inadequacy of legal protection is the recurring cases of child sexual exploitation. These cases occur not only in private environments such as homes or schools but also in public spaces, which should be safe for children.

PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN SEKSUAL

Windy Widya Sistha, Irawan Harahap, Rudi Pardede — Mon, 30 Jun 2025 00:00:00 -0400

Sexual harassment is regulated under Law Number 12 of 2022 concerning the Crime of Sexual Violence. Article 4 paragraph 2 of the law stipulates that anyone who commits non-physical actions such as gestures, writings, and/or words related to another person's body parts or sexual desires can be subject to criminal sanctions for non-physical sexual harassment. Offenders proven to have violated this law may face imprisonment of up to nine months and/or a maximum fine of IDR 10 million. The purpose of this research is to analyze the legal protection for victims of sexual violence based on the perspective of Law Number 12 of 2022 concerning the Crime of Sexual Violence, and to analyze the legal consequences of such protection. The method used is normative legal research. Based on the findings, the legal protection for victims of sexual violence under this law represents a significant milestone in Indonesia’s legal framework. The law progressively places the victim at the center of the legal process and broadens the definition of sexual violence beyond what was previously outlined in the Criminal Code (KUHP). Through this law, victims are granted broader rights, including legal assistance, rehabilitation, protection from intimidation, and recovery services. On the other hand, law enforcement officers have greater legal obligations to carry out investigations and trials with a victim-centered approach. The legal consequences of this protection not only affect the perpetrators in the form of criminal sanctions and additional penalties, but also impose institutional responsibilities on the state, including the provision of recovery services and reforming legal approaches. However, implementation challenges such as limited understanding among law enforcement, lack of support facilities, and low public legal literacy remain significant obstacles that must be addressed.

ANALISIS YURIDIS TERHADAP PENERAPAN UNSUR DILAMPAUINYA BAKU MUTU LINGKUNGAN DALAM PUTUSAN HAKIM PADA KASUS KEBAKARAN LAHAN

Yohanes Untung Sormin, Bagio Kadaryanto, Irawan Harahap — Mon, 30 Jun 2025 00:00:00 -0400

The objective of this research is to analyze the Juridical Analysis of the Application of the Element of Exceeding Environmental Quality Standards in Judges’ Decisions on Land Fire Cases, and to examine the legal consequences arising from such application. The method used is normative legal research. Based on the research findings, it is known that the juridical analysis of the application of the element of exceeding environmental quality standards in judicial decisions on land fire cases shows that this element plays a central role in proving the occurrence of environmental pollution or damage. Environmental quality standards serve as objective benchmarks established through regulation to determine whether the environmental condition remains within acceptable limits or has been polluted. In land fire cases, the exceedance of air, soil, or water quality standards becomes strong evidence that an environmental law violation has occurred. However, in judicial practice, the application of this element remains suboptimal. Many court decisions have not used scientific test results related to environmental quality standards as a primary legal consideration. This is due to several factors, including the limited technical capacity of law enforcement officers, weak scientific evidence presented by investigators and prosecutors, and the lack of judges' understanding of technical aspects in environmental law. As a result, many perpetrators of land fires, particularly corporations, are not held fully accountable under the law. Legal consequences of applying the element of exceeding environmental quality standards in judicial decisions on land fire cases include criminal sanctions, the application of the strict liability principle, obligations for compensation and environmental restoration, and administrative sanctions such as revocation of business licenses or suspension of activities

PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PERJUDIAN

Ricky Afriansyah, Fahmi, Rudi Pardede — Mon, 30 Jun 2025 00:00:00 -0400

The purpose of this research is to analyze the Law Enforcement Against Perpetrators of Gambling Crimes in the Jurisdiction of the Pekanbaru City Police, identify the obstacles in enforcing the law, and explore efforts to overcome these obstacles. The method used is sociological legal research. Based on the results, it is found that law enforcement against gambling offenders in the Pekanbaru City Police jurisdiction is not yet fully optimal, as gambling practices remain prevalent in the community—both in conventional forms such as lottery and card games, and in online forms such as slot games and chip-based games like Higgs Domino. Although the police routinely conduct raids and uncover cases, gambling persists due to various social and structural factors that sustain it. The obstacles in enforcing the law against gambling offenders in the jurisdiction of the Pekanbaru City Police are: First, the limited availability of digital forensic technology at the level of the criminal investigation unit, especially to uncover and act on online gambling involving foreign platforms and fictitious bank accounts. Second, the low level of community participation in providing valid reports or information to the police. It was observed that some community members still perceive gambling as normal, even as a form of entertainment or supplementary income. Third, the presence of legal loopholes in dealing with gambling through game-based applications such as Higgs Domino and similar platforms, as there are no clear regulations defining such games as gambling tools.

EFEKTIVITAS RESTITUSI DALAM PENCEGAHAN KEKERASAN DALAM RUMAH TANGGA YANG BERULANG: TINJAUAN HUKUM PIDANA DAN PERLINDUNGAN KORBAN

Viri Oktadiana, Nandang Sambas — Mon, 30 Jun 2025 00:00:00 -0400

Kekerasan dalam rumah tangga (KDRT) merupakan pelanggaran hak asasi manusia yang berdampak luas terhadap korban, baik secara fisik, psikologis, maupun sosial. Salah satu instrumen hukum yang ditawarkan untuk melindungi korban dan mencegah kekerasan berulang adalah restitusi. Makalah ini mengkaji efektivitas restitusi dalam konteks hukum pidana Indonesia, dengan fokus pada perlindungan dan pemulihan korban. Melalui pendekatan yuridis-normatif dan analisis kualitatif terhadap kasus-kasus relevan, makalah ini menemukan bahwa meskipun secara normatif restitusi diakui dalam sistem hukum, penerapannya masih terbatas dan belum maksimal dalam mencegah kekerasan berulang. Diperlukan reformulasi kebijakan hukum pidana serta penguatan mekanisme perlindungan korban yang berkelanjutan agar restitusi tidak hanya bersifat simbolik, melainkan fungsional dan transformatif.

ANALISIS YURIDIS PENYELESAIAN PEMUTUSAN HUBUNGAN KERJA MASAL PADA PEKERJA PERUSAHAAN RAMBUT

Gema Ramadhanu Ridho Ing Pangestu, Susilo Wardani — Mon, 30 Jun 2025 00:00:00 -0400

Mass termination of employment (PHK massal) is a critical issue in the labor sector, as it directly impacts job loss and income reduction. Purbalingga Regency, known as a hub for the wig and false eyelash industry, has significantly contributed to employment absorption and poverty reduction. However, mass terminations of employment still frequently occur, causing numerous challenges, especially for affected workers. This study aims to examine the legal resolution mechanisms of mass termination of employment in hair companies in Purbalingga Regency and to identify the challenges faced by workers affected by such terminations. The research employs both normative and empirical juridical approaches. The normative juridical approach involves a review of relevant legislation and legal doctrines, while the empirical juridical approach is conducted through interviews with relevant parties, particularly the Purbalingga Regency Department of Manpower and labor unions. The findings reveal that the Purbalingga Department of Manpower facilitates the resolution of mass terminations in hair companies by adhering to legal procedures through bipartite negotiations, mediation, and proceedings at the Industrial Relations Court in accordance with Law Number 13 of 2003 on Manpower. Nonetheless, several obstacles persist, including weak financial conditions of companies, workers limited understanding of legal mechanisms, and high levels of worker poverty. Therefore, collaboration among local governments, companies, and labor unions is necessary to ensure legal protection and justice for workers.

EFEKTIVITAS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KEKERASAN SEKSUAL DALAM PERSPEKTIF UNDANG-UNDANG TINDAK PIDANA KEKERASAN SEKSUAL

Qoonitah Amri, Nandang Sambas — Mon, 30 Jun 2025 00:00:00 -0400

Article 1 paragraph (3) of the 1945 Constitution emphasizes that the State of Indonesia is a State of Law. Regulations begin in every aspect of the life of the Unitary State of the Republic of Indonesia, according to these rules. The lives of people all over the world are influenced by very important rules. Law enforcement is the only place where regulations can be implemented naturally and effectively. From various information in the news media, issues related to sexual violence continue to be a hot topic of discussion. The increase in cases of sexual violence in various levels of society has led to more and more reports regarding this problem. However, in practice, we often find that many children become victims of unethical behavior carried out by men. The formulation of the problem that will be discussed is 1. What is the legal protection for victims of sexual harassment committed by Herry Wirawan, 2. What is the criminal responsibility for cases of sexual harassment committed by Herry Wirawan. This research uses normative juridical legal research. Soerjono Soekanto defines the normative juridical approach as a legal research method that focuses on library materials or secondary data. The increasing number of violent crimes is a serious concern for the government. The community also shows a deep sense of anger towards the high rate of violence that often occurs in various aspects of life in Indonesia.

EXTRAJUDICIAL KILLING OLEH APARAT PENEGAK HUKUM SEBAGAI PELANGGARAN PRINSIP DUE PROCESS OF LAW DALAM PERSPEKTIF HAK ASASI MANUSIA

Moh. Shofi Anan, Nandang Sambas — Mon, 30 Jun 2025 00:00:00 -0400

Extrajudicial killings committed by police officers in Indonesia in the context of the principle of due process of law and protection of human rights (HAM). The rule of law guarantees that every law enforcement action must be carried out fairly, transparently, and in accordance with legal procedures, but in reality, acts of extrajudicial killings still often occur. Cases of shootings by police officers, such as the shooting of students in Semarang and various other incidents in several regions, indicate serious violations of the principles of law and human rights. This study uses a qualitative normative approach by examining relevant national and international legal provisions, including Law Number 39 of 1999 concerning Human Rights, the Criminal Code, the Criminal Procedure Code, and the Regulation of the Chief of Police on the use of force in police actions. Data were obtained from laws and regulations, human rights institution documents, and related scientific literature. (1) The results of the study indicate that acts of extrajudicial killings constitute a serious violation of the principle of due process of law, reflect abuse of authority and damage the credibility of law enforcement officers. (2) This violation also has a serious impact on the protection of human rights in Indonesia, especially the right to life which is non-derogable. The legal accountability mechanism for this practice is still weak, so it is necessary to reform the monitoring system and increase the accountability of law enforcement officers.