The Juris

PERLINDUNGAN KONSUMEN DALAM JUAL BELI MELALUI TOKOPEDIA

2025-06-20T18:15:04+07:00

This research approach uses a descriptive analytical approach which is intended to provide an overview and analysis of the implementation of provisions in regulations which are based on applicable legal provisions. The research location is Tokopedia Semarang consumers. The type of data is primary data. The primary data in this thesis is a number of information or facts about legal protection for consumers in buying and selling on Tokopedia which were directly obtained from interviews with Tokopedia consumers. As a result of the research, information was obtained that legal protection for consumers in buying and selling on Tokopedia, namely legal protection for consumers, is regulated in Articles 4 and 5 of Law Number 8 of 1999 concerning Consumer Protection, Article 1243 of the Civil Code, Articles 1 (17), 46, 48 of Government Regulations Number 71 of 2019 concerning Implementation of Electronic Systems and Transactions. The legal consequences that arise regarding violations of consumer rights in online buying and selling by Tokopedia refer to Article 62 paragraph (1) of the Consumer Protection Law that business actors who violate consumer rights will be punished with a maximum imprisonment of 5 (five) years or a maximum fine. a lot of IDR 2 billion.

PERLINDUNGAN HUKUM TERHADAP PRIVASI DATA PRIBADI DI ERA DIGITAL

2025-06-20T18:15:02+07:00

In an increasingly fast-paced and connected digital era, the protection of personal data privacy has become a very urgent and complex issue. Information and communication technologies have facilitated the widespread collection, storage and distribution of personal data, presenting new challenges to the protection of privacy rights, particularly in Indonesia. This phenomenon is exacerbated by various cases of data leakage and misuse of personal information that emphasize the importance of a strong and effective legal framework to protect individual privacy. This study aims to evaluate the effectiveness of existing regulations, such as Article 26 of the ITE Law and PP PSTE, in protecting personal data privacy in Indonesia, and to examine the draft personal data protection law (RUU PDP) which is expected to provide more comprehensive protection. The research method used is a normative juridical approach, with literature study as the main tool for collecting data. The results show that although the existing regulations already provide an important legal foundation, there are still weaknesses in implementation and law enforcement. Lack of public awareness about privacy rights, as well as weak law enforcement against data privacy violations, are the main obstacles in the protection of personal data privacy. The conclusion of this study is that improvements in regulation, stricter law enforcement, and better education to the public are needed to improve the protection of personal data privacy. The PDP Bill is expected to address some of these weaknesses by providing a clearer and more comprehensive legal framework.

KECERDASAN BUATAN DAN PERLINDUNGAN DATA: ANALISIS REGULASI YANG ADIL UNTUK SISTEM HUKUM INDONESIA

2025-06-20T18:15:00+07:00

The development of artificial intelligence (AI) has had a significant impact on various aspects of life, including legal systems and data protection. This study aims to analyze policies and regulations related to AI and data protection in Indonesia, by comparing them with international standards. The method used in this research is a normative approach through the analysis of legislation, case studies, and literature review. The results show that AI regulation in Indonesia is still in its early stages, with several key challenges related to ethics, security, and privacy rights. Therefore, strategic steps are needed in the formulation of policies that are more adaptive and based on the principles of justice and legal certainty. The findings indicate that current AI regulations in Indonesia are not yet fully prepared to address the challenges posed by rapid technological advancements. Key issues include ethical concerns, data security, and privacy rights, which are often overlooked. Hence, strategic actions are necessary to develop more adaptive, transparent policies based on the principles of justice and legal certainty. This study also highlights the need for regulatory updates that balance technological innovation with the protection of individual rights, so that Indonesia can fully harness the potential of AI without compromising privacy and data security.

DAMPAK SERTIFIKASI DAN LABELISASI HALAL TERHADAP PENJUALAN MIE SAMYANG MENURUT UNDANG-UNDANG JAMINAN PRODUK HALAL

2025-06-20T18:14:58+07:00

Certification and labeling are two different processes, but they are interrelated. Halal certification is a verification process to obtain recognition from an official institution, while a halal label is a symbol that is included on the product packaging as proof that the product has obtained halal certification. The implementation of halal certification and labeling in the food industry in Indonesia is an obligation that must be complied with by every business actor. This is stated in Law Number 33 of 2014 concerning Halal Product Assurance. The purpose of this study is to analyze in more depth the Implementation of Halal Certification Submission Regulations on Samyang Noodle Products and to identify the Influence of Halal Certification and Labeling on Consumer Trust in Selling Samyang Noodles According to the Halal Product Assurance Law. The method used in this study is the normative legal research method. This research method is carried out by examining problems and processing data obtained from legal regulations in accordance with existing regulations and rules or norms as the basis for research. The results of the study indicate that the implementation of halal certification and labeling has a significant impact on the sale of Samyang noodle products. Before obtaining halal certification and labeling, Samyang noodle products experienced a 30% decline in demand due to concerns among Muslims regarding their halal status. However, after obtaining halal certification and labeling from the Indonesian Ulema Council (MUI), sales of Samyang noodle products increased again due to legal certainty and consumer trust.

PENGECUALIAN RAHASIA BANK BAGI KURATOR SEBAGAI BENTUK KESEIMBANGAN ANTARA KEPENTINGAN PRIBADI NASABAH DAN KEPENTINGAN UMUM

2025-06-20T18:14:56+07:00

The principle of bank secrecy regulation is basically not absolute, but relative, which means that the confidentiality of customers remains protected, but if there are certain things the principle of bank secrecy can be set aside. This condition can be an obstacle for the Curator in carrying out his duties because the existence of bank secrecy provisions causes the Curator to be unable to identify and secure the debtor's bank account because in the banking law before the enactment of the Law on Development and Strengthening of the Financial Sector (P2SK) did not regulate it clearly, firmly and state expressis verbis (clear and firm meaning). The type of research used in this writing is normative legal research. The exception to the opening of Bank Secrecy for curators through a Commercial Court decision is an exception that is regulated for the public interest, especially in the bankruptcy process. This aims to allow the curator to access the financial information of debtors who are in bankruptcy for the sake of settling bankrupt assets. This exception balances the privacy rights of bank customers and the public interest in law enforcement. The exception to bank secrecy for curators is an example of the balance between the personal interests of customers (privacy) and the public interest (in this case, the fulfillment of debtor obligations and the protection of creditor rights). This exception is strictly regulated to prevent abuse and ensure that financial information is only accessed by authorized parties in a legitimate bankruptcy process.

IMPLEMENTASI PEMUNGUTAN RETRIBUSI PELAYANAN PASAR DI PASAR SIMPANG SARI PERSPEKTIF FIQH SIYASAH TANFIDZIYYAH

2025-06-20T18:14:51+07:00

KEABSAHAN PERJANJIAN DAN KEDUDUKAN PINJAMAN ONLINE ILLEGAL SEBAGAI KREDITUR DALAM KEPAILITAN

2025-06-20T18:14:53+07:00

Online loans in Indonesia are becoming a growing business. Every day there are more and more online loans, some of which are even illegal.This scientific article was written to examine the bankruptcy that can be occurred in online loan debtors. The purpose of this article is to provide answers to what can be done when an illegal online loan debtor goes bankrupt. because online loans are a type of debt, they can be a reason for bankruptcy. Therefore, this research is expected to help bankrupt debtors if they are caught in illegal loans. The research was conducted normatively using books, journal articles, and articles in online media as research sources. Using the sources, researcher make facts based on the writings. The study concluded that illegal online loan agreements are valid in the eyes of the law until the agreement is terminated by a judge.

TINJAUAN KRIMINOLOGIS TERHADAP PELAKU IKLAN JUDI ONLINE MELALUI MEDIA SOSIAL INSTAGRAM

2025-06-20T18:14:54+07:00

Human life today has been in an era where it has been dominated by massive technological developments, and one of them is in the field of communication and information. The presence of a major innovation, namely the internet network, brings so many conveniences and benefits in the world of communication and information. However, this development is also not free from adverse effects, namely crimes that are influenced by irresponsible behavior carried out by humans in utilizing existing developments. The new crime caused by this development is the dissemination of information in the form of advertisements about online gambling which occurs so much through digital communication and information platforms such as Instagram social media. The objectives of this research are: (1) to find out what factors cause the involvement of online gambling advertisers through social media (Instagram) in Kupang City. (2) To find out how the countermeasures against online gambling advertisements through social media (Instagram) in Kupang City. This research is empirical research with a legal sociological approach method so that it is based on data obtained in the field through interviews with 12 respondents. This data is analyzed descriptively-qualitatively. The results showed that: (1) factors causing online gambling advertisements through social media (Instagram) in Kupang City are lifestyle, minimal skills, weak law enforcement, circle of friends, and family environment. (2) Countermeasures against online gambling advertisements through social media (Instagram) in Kupang City at this time are still only in the form of preventive countermeasures carried out by the Kupang City Resor Police Agency.

PERTANGGUNGJAWABAN PIDANA DAN PERLINDUNGAN HUKUM BAGI PELAKU TINDAK PIDANA DENGAN GANGGUAN KEJIWAAN

2025-06-20T18:14:47+07:00

Crimes committed by Persons with Mental Disorders (ODGJ) are a complex phenomenon that demands special attention from the aspects of criminal law and human rights protection. When the perpetrator of a criminal act suffers from a mental disorder, criminal liability cannot be imposed in accordance with the provisions of Article 44 of the Criminal Code (KUHP). The legal protection provided to perpetrators of criminal acts with mental disorders has also not been implemented properly in accordance with the provisions of the applicable law. Based on this, the problem is formulated: (1) can a person with a mental disorder be held accountable for the act of murder committed? (2) What is the legal protection for people who commit the crime of murder who are classified as having a mental disorder? This study uses a combination of normative legal research methods and empirical legal research methods. This research was conducted in Wulanggitang District, East Flores Regency. The data is analyzed qualitatively. Based on the results of the research, the murder case carried out by FTA, a person with mental disorders (ODGJ), shows that the perpetrator cannot be criminally accounted for according to Article 44 of the Criminal Code because the mental disorder he experienced makes him unable to understand and control his actions. The subjective element of error and legal responsibility is not met, even though the objective element of causality of death has occurred. Therefore, the legal process ended with the issuance of an Investigation Termination Order (SP3). However, legal protection for ODGJ such as FTA has not been implemented properly. The perpetrator was subjected to attachment and neglect by the family, which is contrary to the provisions of the law and fundamental rights guaranteed by the 1945 Constitution and related laws.

TINJAUAN KRIMINOLOGIS PENJUALAN OBAT KERAS GOLONGAN G TANPA MEMENUHI PERSYARATAN KEAMANAN DI KABUPATEN TIMOR TENGAH SELATAN

2025-06-20T18:14:49+07:00

The sale of hard drugs classified as Group G without meeting safety requirements has become a serious issue in Indonesia due to the high risk of misuse and the threat it poses to public health. In Timor Tengah Selatan Regency, several small kiosks have been found illegally selling these drugs without proper licenses and oversight. Commonly sold drugs include Mefenamic Acid, Amoxicillin Trihydrate, Piroxicam, Dexaharsen, and Antalgin. The main motive of the perpetrators is financial gain. This research to identify the factors that contribute to the sale of Class G prescription drugs without meeting safety requirements in Timor Tengah Selatan Regency, to examine the efforts made to address and mitigate the sale of Class G prescription drugs that not comply with safety regulations in Timor Tengah Selatan Regency. This research is empirical research with a legal sociological approach method that it is based on data obtained in the field through interviews with 8 respondents. The data collection techniques used in this study: observation, interviews, and literature review. Results study indicate that the factors contributing to the sale of Class G prescription drugs without meeting safety requirements in Timor Tengah Selatan Regency include a lack of legal awareness, economic motives (profit-seeking), and environmental factors specifically, unequal infrastructure development and the demands of the local community; efforts to address the sale of these drugs involve both preventive and repressive measures carried out by the Timor Tengah Selatan Resort Police.

URGENSI IZIN USAHA PETERNAKAN SEBAGAI KEWAJIBAN HUKUM DAN DASAR LEGALITAS USAHA PETERNAKAN DI INDONESIA

2025-06-20T18:14:45+07:00

Livestock business licensing is one of the important instruments in the Indonesian legal system that not only functions as a form of compliance with the law, but also as a legal basis to ensure the feasibility, security, and sustainability of livestock businesses. In addition, this livestock business license is also a fundamental aspect in the implementation of legitimate and responsible livestock business activities in Indonesia. The purpose of this study is to examine in more depth the regulations or legal arrangements regarding livestock business licensing in the legal system in Indonesia, analyze the urgency of livestock business licensing as a legal obligation and legal basis in organizing livestock businesses in Indonesia, and identify legal implications for livestock business actors who do not fulfill licensing obligations in accordance with the provisions of the applicable law in Indonesia. The method used in this study is the normative legal research method. This research method is carried out by examining problems and processing data obtained from legal regulations in accordance with existing regulations and rules or norms as the basis for research. The results of the study show that the existence of business permits in the livestock sector not only provides legal certainty, but also functions as a preventive mechanism against various legal and social risks, so that strengthening an effective and efficient licensing system is urgently needed to realize legal, sustainable, and public protection-oriented livestock business governance.

TINDAK PIDANA KORUPSI PROYEK EMBUNG MNELALETE KECAMATAN AMANUBAN BARAT KABUPATEN TIMOR TENGAH SELATAN PROVINSI NUSA TENGGARA

2025-06-20T18:14:43+07:00

TINDAK PIDANA PEMALSUAN STIKER BPOM PADA PRODUK PANGAN DILIHAT DARI PERSFEKTIF HUKUM PIDANA ADMINISTRASI

2025-06-25T11:40:23+07:00

This study aims to examine the criminal law regulations regarding the crime of forgery of Distribution Permits, namely forgery of BPOM stickers and SNI Logos and their impact on consumers by looking at the perspective of consumer protection laws regulated in administrative criminal law. Recently, a case of forgery of BPOM stickers for one of the food products, namely Minyakita, was found, which of course will have an impact on consumers and has the potential to endanger buyers of the food product if it is proven that the food product using the fake BPOM sticker is not suitable for consumption because it does not go through a proper distribution permit and laboratory tests. Criminal Law has an important role in supporting consumer protection measures in addition to consumer protection laws, and which will also be studied in more depth from the perspective of administrative criminal law. This study uses a normative juridical research method with a judicial case study approach method and uses secondary data in data collection.

ASPEK HUKUM PENGATURAN RUANG UDARA DI ATAS IBUKOTA NEGARA NUSANTARA UNTUK KEPENTINGAN PERTAHANAN DAN KEAMANAN NEGARA

2025-06-25T11:34:52+07:00

The Capital City is the center of government and serves as a representative symbol of the Indonesian nation. It is one of the vital national objects that must be protected from various potential threats, both domestic and foreign. The most immediate and potentially damaging threat is one that comes from the air, such as aircraft, helicopters, drones, and other aerial vehicles. Airspace security over the Capital City is carried out by countries by deploying national defense forces with the aim of preventing sudden attacks. In addition to defense equipment capable of repelling or stopping such threats, appropriate legal regulations are needed to accommodate the deployment of defense forces in the Capital City. This study aims to analyze the legal framework governing airspace defense over the Capital City and evaluate its adequacy in addressing modern aerial threats. The research uses a normative legal method with a statutory and conceptual approach, focusing on national laws, international aviation and defense regulations, and comparative practices from other countries. The results show that current Indonesian regulations acknowledge the importance of securing airspace over vital national objects but lack specific, integrated legal instruments for swift military response. Coordination between civil aviation and defense institutions remains unclear. Although the 1944 Chicago Convention does not regulate the airspace over presidential complexes in detail, it provides for prohibited and restricted areas under Article 9(a) for national defense. In practice, countries designate prohibited areas over state palaces and central government offices, with surrounding restricted areas to balance civil aviation and security interests.

PERAN PEREMPUAN DALAM PENGEMBANGAN SAWIT BERKELANJUTAN DALAM BIDANG PENDIDIKAN

2025-06-30T22:57:09+07:00

This study aims to examine the strategic role of women in the development of sustainable palm oil through education from the perspective of constitutional law. Using a normative juridical approach, the research analyzes constitutional guarantees and legal instruments that affirm women's rights to education and equal participation in sustainable development. The analysis is based on primary legal materials such as legislation, secondary materials including academic journals, and tertiary sources like legal dictionaries. The findings show that although women significantly contribute to the palm oil sector, their access to education, training, and decision-making positions remains limited due to structural and cultural barriers. The 1945 Constitution of the Republic of Indonesia, along with CEDAW, mandates the state to ensure non-discriminatory access to education and active participation in development. However, current sectoral regulations have yet to fully integrate gender equality, particularly in human resource development. The study concludes that the state must adopt affirmative actions such as training quotas for women, gender-based institutional incentives, and mainstreaming gender perspectives in vocational education curricula. These efforts are essential to positioning women not only as beneficiaries but also as key actors in inclusive and sustainable palm oil development aligned with constitutional justice.

PENEGAKAN HUKUM DALAM KASUS TINDAK PIDANA PERKOSAAN TERHADAP PENYANDANG DISABILITAS SENSORIK YANG MENJADI KORBAN

2025-06-30T23:07:23+07:00

Many cases of rape are not only committed by strangers but also by people close to them, including people with sensory disabilities. The limitations of people with sensory disabilities make it difficult for them to protect themselves or even fight the perpetrators. Based on this, this paper is written with the aim of discussing further about law enforcement in cases of rape against people with sensory disabilities who are victims. The research was conducted using a normative research method that focuses on secondary data and is supported by primary data from interviews with several sources. The data collected will be analyzed systematically and logically to be processed to obtain a brief overview. Based on the results of the study, it can be concluded that law enforcement against people with sensory disabilities who are victims of rape is still guided by the Criminal Procedure Code by paying attention to the provisions in the Law on Persons with Disabilities and adjusted to the needs of the victim.

AMBIGUITAS STATUS HUKUM PEKERJA MIGRAN ILEGAL SEBAGAI PELANGGARAN HUKUM ATAU KORBAN EKSPLOITASI

2025-06-30T23:15:54+07:00

This study examines the legal status ambiguity of Indonesian illegal migrant workers, positioning them as both legal violators and victims of exploitation, with a focus on the tension between normative compliance and human rights protections. Employing a normative legal research method, the article analyzes the misalignment between national regulations such as Law No. 18/2017, which restricts protections to legally documented migrant workers and international instruments, including the 1990 CMW Convention and the 2000 Palermo Protocol, which guarantee fundamental rights regardless of legal status. Key findings reveal systemic contradictions: while illegal migrant workers technically violate immigration laws, they are frequently subjected to structural exploitation (forced labor, human trafficking, and violence) due to inadequate legal safeguards. The study’s novelty lies in identifying a protection paradox: national legal frameworks exacerbate vulnerabilities through punitive approaches, whereas international human rights norms demand restorative, victim-centered responses. The analysis not only highlights normative inconsistencies but also underscores practical implications for migration governance, such as victim criminalization, inaccurate data, and barriers to prosecuting trafficking networks. The research recommends harmonizing national-international laws, adopting a victim centered approach, and strengthening interagency coordination to resolve legal ambiguities and ensure substantive justice for illegal migrant workers. These findings stress the urgency of shifting policy from security centric frameworks to human rights-based paradigms in addressing irregular migration.

KECERDASAN BUATAN (AI) DAN PERLINDUNGAN DATA: ANALISIS REGULASI YANG ADIL UNTUK SISTEM HUKUM INDONESIA

2025-06-20T18:14:35+07:00

Perkembangan kecerdasan buatan (AI) telah membawa dampak signifikan terhadap berbagai aspek kehidupan, termasuk dalam sistem hukum dan perlindungan data. Penelitian ini bertujuan untuk menganalisis kebijakan dan regulasi terkait AI serta perlindungan data di Indonesia, dengan membandingkannya dengan standar internasional. Metode yang digunakan dalam penelitian ini adalah pendekatan normatif dengan analisis peraturan perundang-undangan, studi kasus, dan kajian literatur. Hasil penelitian menunjukkan bahwa regulasi AI di Indonesia masih dalam tahap awal, dengan beberapa tantangan utama terkait etika, keamanan, dan hak privasi. Sehingga, diperlukan langkah-langkah strategis dalam pembentukan kebijakan yang lebih adaptif dan berbasis prinsip keadilan serta kepastian hukum. Hasil penelitian menunjukkan bahwa regulasi terkait AI di Indonesia masih berada pada tahap awal dan belum sepenuhnya siap menghadapi tantangan yang ditimbulkan oleh pesatnya perkembangan teknologi ini. Beberapa tantangan utama yang ditemukan antara lain terkait dengan isu etika, keamanan data, serta hak privasi yang sering kali terabaikan. Oleh karena itu, dibutuhkan langkah-langkah strategis dalam pembentukan kebijakan yang lebih adaptif, transparan, dan berbasis pada prinsip keadilan serta kepastian hukum. Penelitian ini juga menyoroti perlunya pembaruan regulasi yang dapat menyeimbangkan inovasi teknologi dengan perlindungan hak-hak individu, agar Indonesia dapat memanfaatkan potensi AI secara maksimal tanpa mengorbankan privasi dan keamanan data.

PENEGAKAN HUKUM PIDANA DI INDONESIA TERHADAP PENGARUH NEGATIF PERKEMBANGAN CYBER CRIME

2025-06-20T18:14:31+07:00

The rapid development of information and communication technology is also accompanied by the widespread misuse of information and communication technology, so that it becomes a very disturbing problem, namely the occurrence of crimes committed in cyberspace or what is commonly known as "cybercrime". Various crimes have occurred in cyberspace, these cases are certainly detrimental and have negative impacts. Apart from the digital divide, cybercrime in Indonesia is still rampant. The type of research used in this writing is normative legal research. In the discussion of the development of criminal law in the future, in addition to using the law enforcement theory of Soerjono Soekanto, the resolution and prevention of cybercrime must be balanced with the regulation and development of the entire criminal law system, which includes the development of the structure, culture, and substance of criminal law. In such conditions, criminal law policy occupies a strategic position in the development of modern criminal law. Criminal law policy intends to achieve peace and prosperity for all people.

KONSEP PERJANJIAN PERKAWINAN DALAM PERSPEKTIF HUKUM ISLAM

2025-06-30T23:16:31+07:00

Akad nikah merupakan suatu perjanjian tertulis antara calon suami istri yang bertujuan untuk mengatur hak dan kewajiban dalam kehidupan rumah tangga, khususnya pengelolaan harta kekayaan. Penelitian ini bertujuan untuk mengkaji konsep perjanjian perkawinan dalam hukum Islam di Indonesia dan Malaysia, dua negara dengan penduduk mayoritas beragama Islam. Selain itu membandingkan pengaturan perjanjian perkawinan dalam hukum Islam di kedua negara, menganalisis praktik pelaksanaan perjanjian perkawinan di kedua negara, dan mengkaji kesesuaian antara peraturan dan praktik dengan asas hukum Islam dalam konteks perjanjian perkawinan. Penelitian ini menggunakan pendekatan penelitian hukum normatif yang berpusat pada analisis hukum. Di sini, hukum Islam, dan lebih khusus lagi, perjanjian pranikah, menjadi pokok analisis utama. Hasil penelitian ini menunjukan Malaysia memiliki ketentuan yang berbeda mengenai perjanjian perkawinan, Indonesia memperbolehkan perjanjian sebelum atau selama akad nikah, sedangkan Malaysia mewajibkan pengesahan oleh Mahkamah Syariah. Kedua negara mengakui pentingnya taklik talak dan pengaturan harta dalam perjanjian. Sistem hukum Indonesia menawarkan fleksibilitas untuk perjanjian, tetapi implementasinya menghadapi tantangan dalam pemahaman publik dan inkonsistensi pengadilan. Kekuatan hukum Malaysia lebih kuat karena ratifikasi wajib oleh Pengadilan Syariah, memberikan legitimasi dan jaminan yang lebih tinggi.