The Juris

PERLINDUNGAN KONSUMEN DALAM JUAL BELI MELALUI TOKOPEDIA

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

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

2025-06-20T18:15:02-04:00

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

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

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

2025-06-20T18:14:58-04:00

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

2025-06-20T18:14:56-04:00

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

2025-06-20T18:14:51-04:00

Retribution refers to the payment imposed for the provision of market service facilities carried out by the local government. Its implementation must be conducted properly and in accordance with statutory regulations to ensure optimal benefits for the community. However, in practice, the collection of retribution fees at Simpang Sari Market differs from the stipulations outlined in Article 18, Paragraph (2) of the Regent Regulation of West Lampung Regency, which states: “Retribution officers are prohibited from altering or increasing the amount of the retribution fee.” In reality, the amount of retribution collected by officers diverges from the officially prescribed tariff. This study aims to investigate and analyze the implementation of market service retribution collection at Simpang Sari Market, and to examine it from the perspective of Fiqh Siyasah Tanfidziyyah (the Islamic theory of administrative governance). The research adopts a field research methodology using a descriptive approach, with data gathered through interviews and direct observation. Data were collected from pre-selected informants to ensure accuracy and relevance for this study. Although the local government has established regulations and provided implementation guidelines for the collection of market service retribution, several issues have emerged in practice. These include a lack of understanding among market vendors regarding the retribution system, poor coordination among collection officers, and the involvement of unauthorized individuals who collect fees outside the formal governmental structure.

KEABSAHAN PERJANJIAN DAN KEDUDUKAN PINJAMAN ONLINE ILLEGAL SEBAGAI KREDITUR DALAM KEPAILITAN

2025-06-20T18:14:53-04:00

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

2025-06-20T18:14:54-04:00

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

2025-06-20T18:14:47-04:00

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

2025-06-20T18:14:49-04:00

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

2025-06-20T18:14:45-04:00

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

2025-06-20T18:14:43-04:00

Corruption is an irresponsible act that causes harm to the nation, the state, and society. The rampant occurrence of corruption in Indonesia is caused by various factors, one of which is the gap between the laws and regulations and the practices that occur in court. This gap ultimately makes perpetrators feel relatively safe when committing acts of corruption. In the case of Jemmy Unbanunaek, there was a discrepancy between the laws and the judge’s decision, as Jemmy was not a civil servant but was charged under Article 3 of the Corruption Eradication Act (UUTPK), which applies to civil servants. This indicates that the judge did not properly consider the legal status of the perpetrator. The type of research used in this study is normative juridical legal research. Normative juridical legal research is conducted using a document study approach, which involves the analysis of documents such as literature data, statutory regulations, court decisions, legal theories, and expert opinions. The technique for collecting legal materials in this research is through literature study. The research findings indicate that: (1) The judge’s legal basis in deciding the corruption case of the Mnelalete reservoir project in South Central Timor Regency was Article 3 of the Corruption Eradication Act (UUTPK). The findings show that the judge applied Article 3 of the UUTPK to prosecute Jemmy Unbanunaek. However, this application was inappropriate because Jemmy did not meet the element of official authority required by Article 3, and he was not a civil servant. (2) The verdict rendered by the judge against Jemmy was legally flawed (error in juris) and mistaken with regard to the subject of the offense (error in persona), and it contradicted the principles of criminal liability and the principle of legality. The judge should have applied Article 2 of the UUTPK, which is more appropriate given Jemmy's status and the unlawful nature of his actions.

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

2025-06-25T11:40:23-04:00

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

2025-06-25T11:34:52-04:00

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

2025-06-30T22:57:09-04:00

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

2025-06-30T23:07:23-04:00

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

2025-06-30T23:15:54-04:00

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 studyâ€™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

2025-06-20T18:14:35-04:00

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

2025-06-20T18:14:31-04:00

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

2025-06-30T23:16:31-04:00

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.

Eksistensi Prinsip-Prinsip Surat Berharga Syariah Negara (SBSN) Sebagai Instrumen Pembiayaan

2025-07-03T13:10:43-04:00

Penelitian ini bertujuan untuk mengetahui dan menganalisis Prinsip-prinsip dasar Operasional Surat Berharga Syariah Negara (SBSN) di Indonesia dan mengetahui Eksistensi Surat Berharga Syariah Negara (SBSN) sebagai salah satu instrumen pembiayaan. Rumusan masalah yang akan dibahas adalah bagaimanakah Prinsip-prinsip dasar Operasional Surat Berharga Syariah Negara (SBSN) di Indonesia dan bagaimanakah Eksistensi Surat Berharga Syariah Negara (SBSN) sebagai salah satu instrumen pembiayaan. Jenis penelitian hukum normatif, metode pendekatannya meliputi pendekatan perundang-undangan (statute approach), pendekatan konseptual (conceptual approach), dianalisis dengan metode analisa data yang dikumpulkan kemudian diolah dan dianalisis secara kualitatif yaitu analisis data dan penafsiran hukum. Hasil Penelitian menunjukkan operasionalnya menggunakan prinsip ijarah, mudharabah, musyarakah dan istisna’, dengan perinsip umumnya berdasarkan prinsip halal, dan terhindar dari investasi yang terlarang,gharar, riba dan maysir, yang mengharamkan suatu kegiatan investasi dan eksistensi Surat Berharga Syariah Negara sebagai instrumen pembiayaan dan investasi dapat terlihat dari mekanisme dan tahapan-tahapan instrumen SBSN atau sukuk negara, yang disimpulkan bahwa kedudukan Surat Berharga Syariah Negara dalam sistem hukum di Indonesia adalah mempunyai kedudukan yang sama dengan surat berharga konvensional.

KEWENANGAN MAHKAMAH KONSTITUSI DALAM PENYELESAIAN SENGKETA PEMILU BERDASARKAN HUKUM POSITIF INDONESIA

2025-07-03T16:55:07-04:00

The Constitutional Court provides the widest possible opportunity for the entire community to make optimal use of the existence of the Constitutional Court in the constitutional system. By developing the procedural process in a better direction, which is carried out in a modern, fast, simple and cost-free manner, which is related to trial management, case time and simple procedures in submitting and examining applications. The purpose of this research is to analyze the authority of the Constitutional Court in resolving election disputes based on Indonesian positive law. The method used is normative legal research. Based on the research results, it is known that the Authority of the Constitutional Court in Resolving Election Disputes Based on Indonesian Positive Law is that the General Election Commission is one of the state institutions that is given the authority by law to form its own legal products of statutory regulations, namely in the form of General Election Commission Regulations. Seeing that its position is actually outside the hierarchy of statutory regulations, the position of the General Election Commission Regulation in the legal system in Indonesia automatically becomes very abstract because the material content contained in the General Election Commission Regulation does not fully apply to all parties and the legal force of the Commission Regulation General Elections only apply in the implementation of Regional Head Elections and General Elections so that their binding force cannot apply fully in general. The basic reasons that became the reference for why the authority for regional election disputes was finally transferred from the Supreme Court to the Constitutional Court were, firstly, seeing that the regional elections were basically included as an election regime, so that disputes over election results had to be resolved at the Constitutional Court in accordance with the 1945 Constitution. Second, this was contained in the 1945 Constitution Article 24 C paragraph 1 states that the Constitutional Court is an institution that has the authority to adjudicate at the first and last level whose decisions are final.

PENEGAKAN HUKUM TERHADAP PELAKU KEKERASAN FISIK DALAM RUMAH TANGGA

2025-07-03T17:19:18-04:00

This includes physical assaults, including actions against minors such as slapping, or more severe acts involving deadly weapons. Furthermore, physical violence may involve hitting, injuring the body with blunt objects, sharp weapons, or other technology-related means (e.g., electricity). The use of violence may cause various injuries such as bruises, stab wounds, lacerations, or even injuries that lead to death. Threats or acts of violence can occur directly, through speech, body language, or indirectly (via letters, phone calls, or third parties) with the intent of using physical force against another person. The purpose of this research is To analyze the enforcement of the law against perpetrators of physical domestic violence based on Law No. 23 of 2004 on the Elimination of Domestic Violence in the jurisdiction of the Pekanbaru Police Resort; To examine the legal process and effectiveness in the handling of physical domestic violence cases; To identify efforts to overcome obstacles in enforcing the law against perpetrators of physical domestic violence in the same jurisdiction. This study employs a sociological legal research method. Based on the research findings, it is known that the enforcement of the law against perpetrators of physical domestic violence in accordance with Law No. 23 of 2004 in the jurisdiction of the Pekanbaru Police Resort has not been running effectively. This is evident from the continued prevalence of domestic violence cases in society. The persistent occurrence of domestic violence reflects the fact that the law has not yet been fully felt by victimsâ€”especially women and children, who are most vulnerable to abuse. One of the fundamental underlying issues behind weak law enforcement in domestic violence cases is the strong influence of patriarchal culture embedded in the social structure. In a patriarchal system, men are positioned as the dominant authority in the household, while women are expected to be obedient and submissive. Fear and dependency on the perpetrator also significantly hinder victims from reporting the abuse. Many women are afraid to take legal action due to fear of retaliation, fear of losing their homes, or concerns about inadequate care for their children. Moreover, the majority of victims are economically dependent on the perpetrator, placing them in a very weak position to demand justice. These conditions create a vicious cycle of violence that persists without effective legal intervention. Obstacles in law enforcement against perpetrators of physical domestic violence in the jurisdiction of the Pekanbaru Police Resort include: Low reporting rates from the public, especially from the victims themselves, The tendency to resolve cases through informal or familial settlements, and Lack of facilities and infrastructure related to the investigation process, such as the need for forensic medical reports (visum et repertum) that can only be obtained from hospitals or clinics. Efforts to overcome these obstacles include: Simplifying the reporting and examination process, as many victims are reluctant to report due to lengthy and bureaucratic procedures, Providing immediate and tangible protection to victims from the moment they file a report, and Improving facilities and infrastructure to support investigations, particularly regarding the collection of medical evidence, as well as. Enhancing the quality of human resources within the police force, especially through capacity building and specialized training for officers handling domestic violence cases.

TANGGUNG JAWAB HUKUM PELAKU USAHA ATAS PRODUK CACAT TERSEMBUNYI

2025-07-03T17:21:56-04:00

Business actors, as parties with stronger bargaining positions, ethically have the obligation to ensure that the products they manufacture and distribute are safe for use. Moral responsibility should drive business actors to actively ensure product quality and refrain from concealing defects or hidden faults that may harm consumers. Therefore, it is important to examine how the Consumer Protection Law regulates the legal responsibilities of business actors for hidden defective products, and how moral responsibility can strengthen their commitment to upholding consumer rights. This study employs normative legal research methods. Based on the findings, the legal responsibility of business actors for hidden defective products, as governed by Law No. 8 of 1999 on Consumer Protection, serves as a concrete form of consumer rights protection. A hidden defective product is one that appears normal at the time of purchase but contains a defect that is not immediately visible and only causes damage or harm after use. The Consumer Protection Law requires business actors to be fully responsible for the products they produce or trade, including their quality, safety, and the accuracy of the information provided to consumers. Article 19 of Law No. 8 of 1999 stipulates that business actors must provide compensation for damages caused by defective products, including physical harm, contamination, or financial losses. This form of liability is strict, meaning that even if the business actor was unaware of the defect, they are still held accountable for introducing a defective product into the market. This obligation reflects the principle of due diligence in business and reinforces protection for consumers, who are generally in a weaker position in legal and commercial relationships. The legal consequences faced by business actors who neglect or evade this responsibility are also regulated by the Consumer Protection Law. These include civil sanctions in the form of compensation, criminal sanctions as outlined in Article 62 of the Law, and administrative sanctions such as license revocation, product recalls, and public disclosure of violations. These consequences not only serve as punishments but also act as a deterrent to encourage business actors to enhance product standards, conduct thorough quality testing, and maintain transparency in their product information. However, in practice, consumers still encounter various challenges, such as difficulties in proving the existence of hidden defects, slow legal processes, and weak enforcement of sanctions. These issues suggest that although the legal framework is normatively sufficient, its practical implementation still requires significant improvement.

ANALISIS YURIDIS PENYELESAIAN PELANGGARAN LALU LINTAS YANG DILAKUKAN OLEH MILITER DALAM PERSPEKTIF KRIMINOLOGI (STUDI KASUS DI WILAYAH KOGARTAP I/JAKARTA)

2025-07-03T17:35:00-04:00

This study aims to analyze the legal resolution of traffic violations committed by military
personnel within the framework of criminology, focusing on a case study in the Kogartap
I/Jakarta area. Traffic violations involving military personnel raise complex issues related to
legal authority, military jurisdiction, and the interaction between civil and military law. The
research employs a qualitative approach with a criminological perspective to examine how
military personnel are handled in cases of traffic violations, focusing on both the legal
procedures and the sociological implications of these violations. The study found that military
personnel involved in traffic violations are typically subject to military law, but the legal
process often intersects with civilian law, leading to challenges in enforcement and
adjudication. This research contributes to the understanding of the intersection between
military and civilian legal systems, emphasizing the need for clearer protocols and more
effective coordination between civil and military authorities to address such violations. The
study also explores the criminological aspects of military involvement in traffic offenses,
highlighting factors such as discipline, accountability, and the impact of military culture on
behavior in the civilian sphere.

ANALISIS YURIDIS TERHADAP DUGAAN PELANGGARAN HAK ASASI MANUSIA BERAT OLEH ABRI DALAM PERISTIWA KERUSUHAN JAKARTA TAHUN 1998

2025-07-03T18:04:20-04:00

The Jakarta riots of May 1998 marked one of the darkest episodes in Indonesia's contemporary
history, characterized by widespread violence, looting, arson, sexual assaults, and targeted
attacks against ethnic Chinese communities. Amidst the political upheaval that led to the fall of
the New Order regime, allegations emerged regarding the involvement or negligence of the
Indonesian Armed Forces (ABRI) in these human rights violations. Despite numerous reports
and investigations, including by the National Human Rights Commission (Komnas HAM), legal
proceedings remain stagnant. This study aims to conduct a juridical analysis of the alleged gross
human rights violations committed by ABRI during the 1998 Jakarta riots, based on national
legal instruments—particularly Law No. 26 of 2000 on Human Rights Courts—and international
human rights norms. The research employs a normative juridical approach combined with
transitional justice theory, emphasizing truth-seeking, justice, reparations, and institutional
reform. By examining the legal responsibilities of state actors and the structural impediments to
prosecution, this study identifies key legal and political gaps that have hindered the realization
of justice. The findings underscore the absence of institutional accountability and the inadequacy
of legal mechanisms in addressing past atrocities. This research contributes to the discourse on
transitional justice in Indonesia and offers recommendations for strengthening legal frameworks
to ensure state accountability and prevent future violations.

ANALISIS DAMPAK FEEDBACK FREAMING MEDIA SOSIAL DALAM PERSPEKTIF HUKUM BAGI NITIZEN DALAM KASUS VIRALNYA PEMKOT SURABAYA SIDAK PERUSAHAAN TAHAN IJAZAH KARYAWAN

2025-07-03T18:24:46-04:00

The existence of media, both mass media and social media, has recently resulted in a very important role in influencing public opinion and is even considered as a media that will open all information that actually occurs in Indonesia and even in the world. There are many mass media and social media used as tools by political elites to influence public views on framing images for both personal and group image interests. Even the difference between the two is that social media has a more capable scope for the implementation of this function. Social media will play a greater role because with the existence of a container to accommodate freedom of opinion, netizens can freely provide feedback on their views as a reaction to the news that is rolling so that it increasingly shows the direction of various netizen reactions and increasingly emphasizes the direction of the reaction in the form of comments, uploads, reactions from other people's opinions and even influences real actions in the real world. Social media can shape our views on various issues that are rolling. One way that is often used by social media is by the way they "package" the news, which in simple terms is called "framing." Media framing can greatly influence the way we view an issue with the access that every social media user can obtain and can leave a trail of opinions written on the basis of freedom of speech.

ASPEK HUKUM TELEMEDICINE DI INDONESIA

2025-07-04T05:53:17-04:00

Telemedicine has emerged as an innovative solution for healthcare services in Indonesia, especially amidst technological advancements and the need for equitable access to medical care. However, its implementation presents legal challenges concerning regulation, patient data privacy, and the professional liability of medical practitioners. This journal aims to analyze the legal aspects of telemedicine in Indonesia, focusing on the existing regulatory framework, compliance with ethical standards, and legal protection for medical personnel and patients. This research employs a normative juridical approach, examining laws and regulations such as Law Number 36 of 2009 concerning Health, Ministry of Health Regulation Number 20 of 2019 concerning Telemedicine Implementation, and related personal data protection regulations. Data was collected through a literature review of primary and secondary legal sources, including journals, articles, and official documents. The findings indicate that while Indonesia has a legal foundation for telemedicine, there are still regulatory gaps, particularly regarding technical operational standards, penalties for privacy violations, and cross-regional jurisdiction. Furthermore, patient data protection is often suboptimal due to weak legal implementation and a lack of awareness among telemedicine providers. This journal concludes that strengthening regulations, harmonizing inter-regulations, and providing legal education for healthcare professionals are crucial steps to support safe and legal telemedicine in Indonesia. Recommendations include developing more detailed technical guidelines and increasing penalties to ensure legal certainty.

ANALISIS KEBIJAKAN NEGARA DALAM TATA KELOLA E-GOVERNMENT

2025-07-04T05:53:39-04:00

Analyzing national policy in e-government governance is crucial given the rapid development of digital technology, which demands efficiency and transparency in government. The transformation towards e-government aims to improve public services, civic participation, and government accountability through the utilization of information technology. However, its implementation often faces challenges such as infrastructure gaps, human resource capacity, and regulatory harmonization. This journal aims to analyze national policy in e-government governance from a governmental perspective, focusing on policy effectiveness, system integration, and its impact on administrative performance. This research employs a qualitative approach through literature review and analysis of policy documents from various countries, including Indonesia, as well as interviews with relevant stakeholders. Data was collected from official government sources, international reports, and academic journals to ensure the validity of the findings. The research results indicate that the success of e-government governance largely depends on political commitment, the availability of technological infrastructure, and the training of civil servants. Countries with integrated and adaptive policies tend to achieve higher efficiency in public services compared to those that adopt a partial approach. In Indonesia, despite significant progress in government digitalization, challenges such as disparity in internet access and inter-agency coordination remain major obstacles. This journal concludes that strengthening regulations, investing in infrastructure, and improving digital literacy are strategic steps to optimize e-government governance. The recommendations provided include the formulation of an inclusive and sustainable national framework to support the digital transformation of government.

ANALISIS PERAN SAT RESKRIM POLRES SIDRAP DALAM OPERASI PEKAT LIPU 2024

2025-07-04T05:54:52-04:00

Kabupaten Sidrap, sebagai lumbung padi Sulawesi Selatan, menghadapi masalah serius berupa penyakit masyarakat (PEKAT) seperti perjudian, penyalahgunaan narkoba, dan prostitusi. Operasi PEKAT Lipu 2024 merupakan inisiatif strategis yang diambil oleh Sat Reskrim Polres Sidrap untuk menanggulangi kejahatan dan meningkatkan keamanan masyarakat. Penelitian ini bertujuan : 1) Untuk mengetahui apa saja fungsi dan tanggung jawab yang dijalankan oleh Sat Reskrim Polres Sidrap dalam operasi PEKAT Lipu 2024. 2) Untuk mengetahui hambatan serta strategi yang diterapkan oleh Sat Reskrim Polres Sidrap dalam mensukseskan pelaksanaan operasi PEKAT Lipu. Penelitian ini merupakan penelitian yuridis empiris dengan pendekatan study kasus. Penelitian berlokasi di Sat Reskrim Polres Sidrap selama kurun waktu Agustus 2024 hingga February 2025. Data kualitatif ini diperoleh melalui hasil wawancara dengan pihak-pihak terkait yaitu pimpinan dan anggota Sat Reskrim Polres Sidrap yang terlibat aktif dalam operasi PEKAT Lipu 2024. Data yang telah diperoleh dalam penelitian ini dianalisis melalui analisis konten dan analisis deskriptif kualitatif. Hasil penelitian menunjukkan bahwa: 1) Fungsi dan tanggung jawab yang dijalankan oleh Sat Reskrim Polres Sidrap dalam Operasi PEKAT Lipu 2024 meliputi penegakan hukum terhadap tindak pidana, pencegahan penyakit masyarakat, serta peningkatan kesadaran dan partisipasi masyarakat dalam menjaga keamanan lingkungan. 2) Hambatan yang dihadapi dalam pelaksanaan operasi ini mencakup stigma sosial, keterbatasan akses ke daerah terpencil, serta adaptasi pelaku kejahatan terhadap taktik kepolisian. Strategi yang diterapkan untuk mengatasi hambatan tersebut meliputi peningkatan jumlah personel, pelatihan untuk anggota, pendekatan humanis dengan masyarakat, serta pengembangan sistem pelaporan yang lebih aksesibel.

ANALISIS PENYELESAIAN HUKUM SENGKETA HAK MEREK ASING TERKENAL TERHADAP PEMBONCENGAN REPUTASI

2025-07-04T06:15:05-04:00

Legal protection for well-known trademarks is very important because trademarks not only function to distinguish similar goods and/or services, but also have an economic function. In the world of trade, there are often acts of reputation-hijacking which are motivated by various factors. The type of research used in this study is Normative Legal Research with the research approach used is the Case Approach. With the nature of the research, namely Descriptive Research and based on the form of research used is Prescriptive Research. Data sources are obtained through Secondary Data, which are divided into Primary Legal Materials and Secondary Legal Materials. The analysis is carried out qualitatively, namely by analyzing the data that has been obtained through a general and comprehensive description and then concluding the results of this study. Protection of foreign well-known trademarks nationally is regulated in Indonesian legislation, namely Law Number 20 of 2016 concerning Trademarks and Geographical Indications which is carried out in two ways, namely preventive legal protection and repressive legal protection. The legal considerations by the Judge in Decision Number 29/Pdt.Sus/Merek/2019/PN Niaga Jkt.Pst in determining bad faith in the registration of the Superman character by the Defendant (PT. Marxing Fam Makmur) did not show any distinguishing value between the Plaintiff's Superman and the Defendant's, which is a form of indicator of bad faith from the Defendant.

PARTISIPASI MASYARAKAT DALAM PENYUSUNAN PERATURAN DESA: STUDI KASUS DESA TEPAS, SUMBAWA BARAT

2025-07-04T06:01:50-04:00

Penelitian ini bertujuan untuk mengkaji partisipasi masyarakat dalam penyusunan Peraturan Desa di Desa Tepas, Kabupaten Sumbawa Barat. Metode penelitian menggunakan pendekatan studi kasus dengan teknik pengumpulan data melalui wawancara, observasi, dan dokumentasi. Hasil penelitian menunjukkan bahwa partisipasi masyarakat dalam penyusunan Peraturan Desa masih bersifat formalitas dan kurang substantif, dengan dominasi pemerintah desa dan elit lokal yang mengurangi peran aktif warga, khususnya kelompok perempuan, pemuda, dan masyarakat miskin. Rendahnya literasi hukum masyarakat serta lemahnya peran Badan Permusyawaratan Desa (BPD) menjadi hambatan utama, sehingga musyawarah desa belum berjalan secara terbuka dan inklusif. Oleh karena itu, diperlukan peningkatan literasi hukum masyarakat, penguatan peran BPD, serta pemberdayaan kelompok rentan agar dapat berpartisipasi lebih aktif. Pemerintah desa juga diharapkan menciptakan suasana musyawarah yang dialogis dan terbuka agar aspirasi warga dapat diakomodasi dengan baik serta melakukan monitoring berkala untuk memperbaiki proses partisipasi sehingga Peraturan Desa yang dihasilkan lebih legitim dan sesuai kebutuhan masyarakat.

PENGARUH POLITIK HUKUM DAN KETERLIBATAN MASYARAKAT PADA PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN

2025-07-04T06:14:19-04:00

The legal political system greatly influences the Indonesian state to become a state based on law, thus requiring the involvement of community components in the process of formulating laws. This is so, because the legal political system will have a vital role in making the law. This is because the direction of the Indonesian state in the application as a state of law uses the concept of Continental European Civil Law, where written law is a very important part of the formation process, and is used as the basis for the implementation of governance. In order to ensure the implementation of legal protection for all people, as well as justice in treatment, and guarantee protection of citizens' rights, it is necessary to establish concrete guidelines in planning and drafting laws. This is intended to be the basis for regulating the process of law-making, starting from the beginning until the time when the law is enacted or applied in regulating the life of the state society. Thus, by creating concrete guidelines and guidelines, each law-making process can be carried out in a definite, consistent, and standardised manner.