The Juris

PERLINDUNGAN KONSUMEN DALAM JUAL BELI MELALUI TOKOPEDIA

Dwi Argo Octavianto — 2025-06-03

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

Ridho Sadillah Ahmad — 2025-06-03

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

Yudha Sri Wulandari — 2025-06-03

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

Ardelia Lananda — 2025-06-03

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

Mona Wulandari — 2025-06-03

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

Reza Aprilia — 2025-06-04

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

Jason Nicholas — 2025-06-04

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

Ruben E. Tefa — 2025-06-04

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

Wilhelmina Maria Peni Tapowolo — 2025-06-04

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

Maldo Jupiter Leni — 2025-06-04

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

Ardelia Lananda — 2025-06-08

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

Syarah Dyana Oematan — 2025-06-14

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

Anes Sefta Asmita — 2025-06-18

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

Novi Sujatmiko — 2025-06-18

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

Tengku Indira Larasati — 2025-06-14

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

Laras Astuti — 2025-06-14

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

Dian Mustika Intan — 2025-06-14

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

Yudha Sri Wulandari — 2025-06-14

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

Susiana Kifli — 2025-06-18

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

Rizki Anla Pater — 2025-06-30

A marriage contract is a written agreement between prospective husband and wife that aims to regulate rights and obligations in household life, especially the management of assets. This study aims to examine the concept of a marriage contract in Islamic law in Indonesia and Malaysia, two countries with a majority Muslim population. In addition, it compares the regulation of marriage contracts in Islamic law in both countries, analyzes the practice of implementing marriage contracts in both countries, and examines the conformity between regulations and practices with the principles of Islamic law in the context of a marriage contract. This study uses a normative legal research approach that focuses on legal analysis. Here, Islamic law, and more specifically, prenuptial agreements, are the main subject of analysis. The results of this study show that Malaysia has different provisions regarding marriage contracts, Indonesia allows agreements before or during the marriage contract, while Malaysia requires ratification by the Sharia Court. Both countries recognize the importance of taklik talak and property regulations in the agreement. The Indonesian legal system offers flexibility for agreements, but its implementation faces challenges in public understanding and court inconsistencies. Malaysia's legal force is stronger because of mandatory ratification by the Sharia Court, providing higher legitimacy and guarantees.

KEWENANGAN MAHKAMAH KONSTITUSI DALAM PENYELESAIAN SENGKETA PEMILU BERDASARKAN HUKUM POSITIF INDONESIA

Raja Ferza Fakhlevi — 2025-06-30

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

Ahmad Angga Nugraha — 2025-06-30

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 victims—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.

TANGGUNG JAWAB HUKUM PELAKU USAHA ATAS PRODUK CACAT TERSEMBUNYI

Jetmiko Setiawan — 2025-06-30

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.

ANALISIS YURIDIS PENYELESAIAN PELANGGARAN LALU LINTAS YANG DILAKUKAN OLEH MILITER DALAM PERSPEKTIF KRIMINOLOGI

Sandy Arya Prathama — 2025-06-30

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

Nur Ahmad — 2025-06-30

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

Timbo Mangaranap Sirait — 2025-07-03

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

Max Bonsapia — 2025-06-30

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

Isak Samuel Kijne Mansawan — 2025-06-30

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

Muh. Tahir — 2025-06-30

Sidrap Regency, as the rice barn of South Sulawesi, faces serious problems in the form of social diseases (PEKAT) such as gambling, drug abuse, and prostitution. Operation PEKAT Lipu 2024 is a strategic initiative taken by the Sidrap Police Criminal Investigation Unit to combat crime and improve public security. This study aims to: 1) To find out what functions and responsibilities are carried out by the Sidrap Police Criminal Investigation Unit in the PEKAT Lipu 2024 operation. 2) To find out the obstacles and strategies implemented by the Sidrap Police Criminal Investigation Unit in making the PEKAT Lipu operation a success. This research is empirical legal research with a case study approach. The research was located at the Sidrap Police Criminal Investigation Unit during the period August 2024 to February 2025. This qualitative data was obtained through interviews with related parties, namely the leaders and members of the Sidrap Police Criminal Investigation Unit who were actively involved in the PEKAT Lipu 2024 operation. The data obtained in this study were analyzed through content analysis and qualitative descriptive analysis. The results of the study show that: 1) The functions and responsibilities carried out by the Sidrap Police Criminal Investigation Unit in Operation PEKAT Lipu 2024 include law enforcement against criminal acts, prevention of social diseases, and increasing public awareness and participation in maintaining environmental security. 2) Obstacles faced in implementing this operation include social stigma, limited access to remote areas, and adaptation of criminals to police tactics. Strategies implemented to overcome these obstacles include increasing the number of personnel, training for members, a humanistic approach to the community, and developing a more accessible reporting system.

ANALISIS PENYELESAIAN HUKUM SENGKETA HAK MEREK ASING TERKENAL TERHADAP PEMBONCENGAN REPUTASI

Dina Andiza — 2025-06-30

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

Novi Irwansyah — 2025-06-30

This study aims to examine community participation in the preparation of Village Regulations in Tepas Village, West Sumbawa Regency. The research method uses a case study approach with data collection techniques through interviews, observations, and documentation. The results of the study indicate that community participation in the preparation of Village Regulations is still formal and less substantive, with the dominance of the village government and local elites reducing the active role of residents, especially women, youth, and the poor. The low legal literacy of the community and the weak role of the Village Consultative Body (BPD) are the main obstacles, so that village deliberations have not been carried out openly and inclusively. Therefore, it is necessary to increase community legal literacy, strengthen the role of the BPD, and empower vulnerable groups so that they can participate more actively. The village government is also expected to create a dialogic and open deliberation atmosphere so that residents' aspirations can be accommodated properly and carry out periodic monitoring to improve the participation process so that the resulting Village Regulations are more legitimate and in accordance with community needs.

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

Gunawan Widjaja — 2025-06-30

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.

EKSISTENSI PRINSIP-PRINSIP SURAT BERHARGA SYARIAH NEGARA SEBAGAI INSTRUMEN PEMBIAYAAN

Sri Hariati — 2025-06-30

This study aims to determine and analyze the basic principles of the operation of State Sharia Securities (SBSN) in Indonesia and to determine the existence of State Sharia Securities (SBSN) as one of the financing instruments. The formulation of the problem to be discussed is how are the basic principles of the operation of State Sharia Securities (SBSN) in Indonesia and how is the existence of State Sharia Securities (SBSN) as one of the financing instruments. The type of normative legal research, the approach method includes a statute approach, a conceptual approach, analyzed by the method of data analysis collected then processed and analyzed qualitatively, namely data analysis and legal interpretation. The research results show that its operations use the principles of ijarah, mudharabah, musyarakah and istisna', with general principles based on the principle of halal, and avoiding prohibited investments, gharar, usury and maysir, which prohibit investment activities and the existence of State Sharia Securities as financing and investment instruments can be seen from the mechanisms and stages of the SBSN or state sukuk instruments, which conclude that the position of State Sharia Securities in the legal system in Indonesia has the same position as conventional securities.