Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Bidang kajian dalam jurnal ini termasuk sub rumpun Ilmu Sosial, Politik dan Humaniora. Jurnal ini menerima artikel dalam bahasa Inggris dan bahasa Indonesia dan diterbitkan 4 kali setahun: Januari, April, Juli dan Oktober . E-ISSN : 2828-7622 (Online), P-ISSN : 2828-7630 (Cetak). Jurnal ini terakreditasi SINTA 5 (Surat Keputusan Direktur Jenderal Pendidikan Tinggi, Riset, dan Teknologi Nomor 10/C/C3/DT.05.00/2025 tanggal 21 Maret 2025 tentang Peringkat Akreditasi Jurnal Ilmiah Periode I Tahun 2025) dimulai dari Volume 1 Nomor 2 Tahun 2022 sampai Volume 6 Nomor 1 Tahun 2027.
Penerapan Hukum Acara dalam Penyelesaian Sengketa di Pengadilan:
This study aims to analyze the application of criminal procedural law in resolving narcotics crime cases at the Binjai District Court, focusing on compliance with the due process of law principle and the protection of the defendant’s rights. The research employs an empirical juridical approach through direct observation (field research) of case Number 200/Pid.Sus/2025/PN Bnj involving the defendant Novri Syahputra, who was charged as an intermediary in the sale and purchase of Class I narcotics (methamphetamine) weighing 40.81 grams net. Data were collected through direct observation of the trial proceedings and examination of relevant legal documents, including the Criminal Procedure Code (KUHAP) and Law No. 35 of 2009 on Narcotics. The findings indicate that the implementation of procedural law at the Binjai District Court was consistent with the provisions of KUHAP, covering all stages from the reading of the indictment, witness examination, evidence presentation, to the final judgment. The panel of judges demonstrated professionalism and independence while considering both aggravating and mitigating factors. However, rehabilitative and humanistic approaches have not been fully incorporated into the court’s consideration, as the sentencing remains predominantly deterrent-oriented. The study concludes that, while the formal procedural aspects of criminal procedural law have been effectively implemented, there remains a substantive need to strengthen restorative and rehabilitative justice values in future narcotics case policies.
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Analisis Pertimbangan Hakim dalam Putusan Tindak Pidana Pencurian dengan Pemberatan di Pengadilan Negeri Medan
This study aims to examine the judge's considerations in rendering decisions in aggravated theft cases at the Medan District Court, with an emphasis on the balance between legal and non-legal aspects in realizing substantive justice. The issue of disparate sentencing that frequently arises is the main background of this study. The methods used are an integrated normative legal approach and an empirical legal approach. The normative approach is used to examine the provisions of Article 363 of the Criminal Code (KUHP) and the legal principles that govern the judge's considerations, while the empirical approach is carried out through direct observation of the trial process and analysis of the judge's decision. The results of the study indicate that the judge in case Number 1110/Pid. B/2025/PN Medan not only complied with legal aspects such as fulfilling the elements of the crime, evidence, and the application of the principle of legality, but also considered non-legal aspects such as the socio-economic conditions, age, and motives of the defendant. These considerations demonstrate the application of the principles of criminal individualization and proportional justice. In addition, the judge also considered moral values ​​and social benefits in his decision, which is in line with Gustav Radbruch's theory of three basic legal values: justice, legal certainty, and utility. This study concludes that the thinking patterns of judges at the Medan District Court reflect a shift toward substantive and restorative justice paradigms. It is recommended that the Supreme Court strengthen integrated sentencing guidelines to avoid disparities in sentencing and encourage the adoption of a rehabilitative approach for offenders with low economic motivations.
Tradisi Upacara Adat Tiwah bagi Masyarakat Adat Dayak Ngaju
This study aims to identify and analyze customary and criminal sanctions imposed on individuals who violate Hinting Pali during the Tiwah ceremony, as well as the legal and customary consequences for those engaged in gambling within the ritual process. The research employs an empirical approach with a qualitative descriptive method through interviews, observations, and document analysis. The focus of this study is the implementation of Dayak Ngaju customary law in addressing violations that occur during the Tiwah ceremony. The findings reveal that Dayak Ngaju customary law plays a crucial role in maintaining social and spiritual harmony by enforcing moral, social, and symbolic sanctions. Furthermore, there is a point of convergence between customary law and national criminal law in promoting justice and social order. This study is expected to contribute academically to the development of customary law in Indonesia and serve as a valuable reference for communities, scholars, and policymakers in preserving cultural values and ensuring fair law enforcement within the framework of local wisdom.
Implementasi Pasal 480 KUHP terhadap Peran Pembeli Barang Hasil Kejahatan Sebuah Tinjauan dari Praktik Persidangan
The crime of receiving stolen goods, as regulated in Article 480 of the Criminal Code (KUHP), is an offence that plays a crucial role in the continuation of the principal crime, particularly theft. Receivers provide a market for stolen goods, thereby indirectly encouraging perpetrators to continue their actions. This article aims to analyse the implementation of Article 480 of the KUHP in judicial practice, with a focus on proving the element of ‘knowing or reasonably suspecting’ that the goods purchased were obtained through criminal activity. This study uses a qualitative method with a case study approach through direct observation of a trial at the M. District Court. The observations show that the panel of judges successfully proved the defendant's guilt as a fence through a series of trial facts, such as the unreasonable purchase price, consistent testimony from the perpetrator of the theft, and the defendant's own admission that he had been suspicious. The judge's decision, which was lighter than the prosecutor's demands, also reflected considerations of substantive justice and humanity in addition to legal certainty. This study concludes that the effective enforcement of Article 480 of the Criminal Code in court plays an important role in breaking the chain of crime and providing a deterrent effect not only for the main perpetrators but also for those who participate in enjoying the proceeds of crime.
Analisis Yuridis Permohonan Perwalian oleh Orang Tua dalam Pengurusan Izin Penjualan Tanah Harta Waris Anak di Bawah Umur
This study examines the juridical aspects of guardianship applications by parents to obtain permission to sell a minor’s inherited land and analyzes the judicial considerations in Decision Number 199/Pdt.P/2025/PN Blt. The research employs an empirical juridical method with a sociological legal approach. Primary data were collected through interviews and case documents at the Blitar District Court, while secondary data consist of statutes, doctrine, and related literature. Qualitative-descriptive analysis was applied to interpret the findings. The study reveals that the guardianship application process involves both administrative and judicial stages. Judges scrutinize material evidence and the probity of sale objectives, weighing important principles such as utility, legal certainty, fairness, and justice. Guardians are granted limited authority to sell a minor’s property only if it can be proven to be in the child's best interest and legal protections are assured. Recommendations include strengthening post-decision monitoring, enhancing legal outreach, improving procedural transparency, and ensuring comprehensive implementation.
Pertimbangan Hakim Dalam Memberikan Izin Poligami Terhadap Suami Yang Melakukan Perzinahan dalam Putusan Pengadilan Agama Tanjung Karang Nomor: 737/Pdt.G/2024/PA.Tnk
This study discusses the judge’s considerations in granting permission for polygamy to a husband who had committed adultery, as stated in the Religious Court Decision of Tanjung Karang Number: 737/Pdt.G/2024/PA.Tnk. Generally, Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 on Marriage upholds the principle of monogamy but allows polygamy under certain conditions with court approval. This case is particularly interesting because the court granted permission for polygamy to a husband who was proven to have engaged in an affair and committed adultery resulting in a child born out of wedlock. The study aims to identify the legal considerations of the judge and the legal implications regarding the marriage and joint property. The research employs an applied normative legal method with a qualitative approach, using primary data from interviews and secondary data from legislation and legal literature. The results show that the judge considered granting permission for polygamy as a means of legalizing the existing relationship to maintain public morality and prevent continuous sinful behavior, although it conflicts with moral values. Legally, the second wife has no rights over the joint property acquired before the polygamous marriage, as stipulated in Article 65 paragraph (1) letter b of the Marriage Law
Pertimbangan Hakim yang memberikan Hak Asuh Anak yang Belum Mumayyiz kepada Ayah Kandung dalam Putusan Pengadilan Agama Tanjung Karang Nomor: 1379/Pdt.G/2024/PA.Tnk
This study discusses the judge’s considerations in granting child custody of a non-mumayyiz (underage) child to the biological father in the Religious Court Decision of Tanjung Karang Number: 1379/Pdt.G/2024/PA.Tnk. Generally, according to Islamic law and the Compilation of Islamic Law (KHI), custody of a non-mumayyiz child is granted to the biological mother. However, in this case, the panel of judges decided to grant custody to the biological father. The purpose of this research is to identify the legal reasoning behind the judge’s decision and the legal implications of such a ruling. The study employs a normative juridical method with a descriptive-analytical approach, supported by primary data obtained through interviews and secondary data from legislation and legal literature. The results show that the judge’s consideration was based on the best interest of the child principle, as the mother had remarried a non-Muslim man and converted to another religion, which made her ineligible to be the custodian under Islamic law. The legal implication of this decision reinforces the authority of judges to interpret hadhanah provisions contextually, ensuring the protection of the child’s rights and supporting their growth in accordance with religious teachings and prevailing social norms.
Pertimbangan Hakim terhadap Penolakan Gugatan Pembatalan Perkawinan Karena Adanya Ancaman pada Putusan Pengadilan Agama Tanjung Karang Nomor: 1109/Pdt.G/2023/PA.Tnk
This study discusses the judge’s considerations in rejecting a marriage annulment lawsuit due to coercion, as stated in the Religious Court Decision of Tanjung Karang Number: 1109/Pdt.G/2023/PA.Tnk. The lawsuit was filed by a wife who claimed she was forced into marriage due to threats from her parents, thus requesting an annulment based on Article 27 paragraph (1) of Law Number 1 of 1974 on Marriage. However, the panel of judges rejected the claim. This research aims to examine the legal reasoning behind the judge’s rejection of the annulment and the legal consequences resulting from the decision. The study employs a normative and empirical legal approach with a descriptive qualitative method, using primary legal materials such as legislation and court rulings, as well as secondary data from legal literature and interviews. The results show that the judges rejected the claim because the alleged coercion was not proven to constitute an unlawful threat as defined by law, and the marriage was conducted validly according to legal and religious provisions. The legal implication of this rejection is that the marriage remains valid and binding, and all legal rights and obligations between husband and wife continue to apply.
Hubungan Sosialisasi Teman Sebaya dengan Tingkat Kedisiplinan Siswa SMA
This study aims to determine the relationship between peer socialization and the level of discipline among high school students. The method used in this study is a quantitative survey research method. The data analysis technique uses the Kendall’s Tau correlation statistical test. The research results show a coefficient value of 0.119 with a p-value (sig.) of 0.026 (< 0.05). This means there is a positive and significant relationship between peer socialization and students’ level of discipline. The operationalized hypothesis that there is a positive relationship between the two variables is proven. The higher the intensity of students socializing with their peers, the higher their level of discipline. Peer socialization is one of the factors influencing students’ discipline because high-intensity socialization between students and their peers can lead to behavioral imitation. When students are in a disciplined peer environment, they are likely to become disciplined themselves. Conversely, when students are in a less disciplined peer environment, they are likely to be less disciplined. So, respondents with high levels of student discipline are those who have a high intensity of socialization with peers.
Tanggung Jawab Pemerintah Daerah dalam Penegakan Hak Atas Lingkungan Bersih di Pangkalpinang dalam Perspektif UUD 1945
This study examines in depth the responsibility of the Pangkalpinang City Government in maintaining environmental cleanliness. Such responsibility is not merely an administrative obligation but a constitutional mandate as stated in the 1945 Constitution of the Republic of Indonesia. Every citizen, including the people of Pangkalpinang, has the right to live in a clean and healthy environment, while the local government is obliged to ensure the fulfillment of this right. This research analyzes the extent to which the local government has carried out its responsibilities through preventive measures (such as formulating regulations and supervising permits) and enforcement actions (including imposing sanctions and restoring the environment). The findings reveal several obstacles, such as limited budget, weak inter-agency coordination, and low public awareness regarding environmental cleanliness. Therefore, although the legal framework is well established, strong commitment, synergy, and continuous efforts from all stakeholders are required to realize a clean and sustainable Pangkalpinang City.
Pemenuhan Unsur Tri Upasaksi sebagai Upaya Mencegah Perkawinan Anak Menurut Hukum Adat Bali
Child marriage, involving individuals under the age of 19 as defined by Law Number 16 of 2019, is a pressing social and legal issue in Bali. The increase in applications for marriage dispensations reflects the high rate of underage marriage, with consequences such as school dropout, economic vulnerability, household instability, and violence. The conflicting norms between National Law, which prioritizes child protection, and Balinese Customary Law, which recognizes the validity of marriage through the Tri Upasaksi (bhuta witness, manusa witness, and dewa witness), exacerbates this situation. This study aims to examine the basis of the Tri Upasaksi rules in Balinese customary law as a means of preventing child marriage, and to analyze how Balinese customary law adapts to the provisions of positive state law. The research method used is normative legal research with a socio-legal approach, analyzing primary and secondary legal materials to identify conflicts and harmonize norms. The findings are expected to contribute to the development of legal science and serve as a reference for the government and customary institutions in formulating policies that integrate local values ​​with child protection.
Implementasi Reward dan Punishment dalam Disiplin Waktu ASN pada Badan Kepegawaian Daerah Provinsi Kalimantan Tengah
The implementation of a reward and punishment system is considered capable of improving employee work discipline. Rewards are given to encourage employee morale, while punishments are given as a reminder of the consequences of misconduct. This study aims to describe the implementation of the reward and punishment system in the Civil Service. Through a qualitative approach with in-depth observation, structured interviews with employees, and documentation studies. The results of the study found that the implementation of the reward and punishment system has been carried out well, with rewards given based on the level of discipline and performance of employees, while punishments are given based on the type of violation committed. The rewards given include Additional Employee Income, the Satyalancana Karya Satya award, exemplary employee awards, internship certificates, and retirement awards. Meanwhile, the punishments given include verbal warnings, written warnings, deductions from Additional Employee Income, and severe sanctions for employees with serious violations.
Analisis Kritis terhadap Penegakan Hukum Tindak Pidana Pencucian Uang (TPPU) yang Berasal dari Kejahatan Siber di Indonesia
The rapid development of information technology has had a significant impact on the emergence of new forms of crime, one of which is cybercrime, which often becomes a source of illegal funds for money laundering (TPPU). This study aims to critically analyze the relationship between cybercrime and TPPU, and to examine the effectiveness of law enforcement in Indonesia in dealing with this phenomenon. This study uses a normative legal research method, with a regulatory-statutory approach (statutory approach), contextual (conceptual approach), and comparative (comparative approach). The data used comes from primary, secondary, and tertiary legal materials analyzed qualitatively-descriptively. The results of the study indicate that TPPU originating from cybercrime has become a complex form of transnational crime, utilizing digital financial systems such as cryptocurrency and fintech platforms to disguise the proceeds of crime. The legal regulations in Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering are still general in nature and do not explicitly include a monitoring mechanism for digital assets. This has weakened the effectiveness of law enforcement against cybercrime-based money laundering, both from a normative and technical perspective. Therefore, national legal reform is needed through revisions to the Money Laundering Law and strengthened inter-agency and international cooperation, including ratification of the Budapest Convention on Cybercrime and the Financial Action Task Force (FATF) recommendations regarding digital asset oversight. These efforts are expected to strengthen the national legal system combating the challenges of digital economic crime and foster law enforcement that adapts to global technological developments.
Peran PPAT terhadap Bea Perolehan Hak atas Tanah dan/atau Bangunan dalam Proses Jual Beli Tanah dan/atau Bangunan di Kabupaten Samosir
Taxes are a vital source of state revenue for Indonesia to finance the administration of government and public services, as mandated in Article 33 of the 1945 Constitution. This research focuses on the Land and or Building Rights Acquisition Fee (BPHTB) arising from buying and selling transactions. The purpose of the study is to analyze the implementation of BPHTB payments and the role of Land Deed Making Officials (PPAT) in the process, especially in Samosir Regency. This study uses an empirical normative method with a role, responsibility, and justice theory approach. Data were obtained through literature studies of primary legal materials, such as laws and regulations, court decisions, and scientific literature, as well as relevant secondary data. The findings of the study revealed that the implementation of BPHTB payments in Samosir Regency uses the Land Value Zone (ZNT) system. On the other hand, this study also highlights the crucial role of PPAT in this process. Although in practice there is often an overlap of perceptions because the positions of Notary and PPAT are often held by the same person, these two positions have different duties and authorities. The authority of the Notary is broader, while PPAT has special authority to make deeds related to the acquisition of certified land rights. Thus, the role of PPAT is very central in ensuring that BPHTB is calculated and paid correctly in accordance with applicable regulations.
Peran Zaid Bin Tsabit dalam Kodifikasi Al-Qur'an: Kajian Kritis Implikasi Kepastian Teks Nash terhadap Validitas Dalil-Dalil Hukum Keluarga
This research is motivated by the importance of preserving the authenticity of the Qur’an as the primary source of Islamic teachings and law, which serves as the foundation for legal certainty within the Islamic Family Law system. Historical records show that the codification process of the Qur’an carried out by Zaid bin Tsabit during the caliphates of Abu Bakr and Uthman bin Affan played a crucial role in ensuring the integrity and uniformity of the revealed text, thereby having significant implications for the validity of Islamic legal arguments. This study aims to critically analyze the role of Zaid bin Tsabit in the Qur’anic codification process and its implications for the certainty of the textual basis (nash) in Islamic family law. Using a qualitative method with a historical-normative approach, this research combines chronological and normative analyses of primary sources such as the works of as-Suyuthi and az-Zarkasyi, as well as secondary sources in relevant academic literature. The findings indicate that the codification process of the Qur’an holds not only historical value but also juridical significance, as it ensures the authenticity of the text as the foundation of Islamic law. Therefore, integrating historical and normative aspects is essential to maintaining the authority of Islamic legal sources in the contemporary era.
Korelasi Antara Living Law dan Asas Legalitas dalam Konteks Pembaharuan Hukum Pidana Nasional Berdasarkan KUHP 2023
The reform of Indonesia’s criminal law through Law Number 1 of 2023 concerning the Criminal Code (KUHP) marks a fundamental shift in the national criminal justice system, particularly through the formal recognition of the living law as law that lives within society. This article analyzes the correlation between living law and the principle of legality within the context of national criminal law reform. The study employs a normative juridical method with statutory, conceptual, and comparative approaches to examine how the 2023 Criminal Code seeks to balance legal certainty with substantive justice. The findings indicate that the regulation of the principle of legality in Article 1 of the KUHP remains the primary foundation for ensuring the protection of individual rights and preventing arbitrary state actions. However, the recognition of living law under Article 2 of the KUHP expands the sources of criminal law beyond written statutes to include social values living within the community, insofar as they are consistent with Pancasila, general legal principles, and human rights. The relationship between the principle of legality and living law in the 2023 KUHP is not antagonistic but rather complementary and harmonious. Living law enriches the legality principle substantively through moral and social justice dimensions, while the legality principle serves as a normative safeguard to maintain legal certainty and prevent the abuse of power. Therefore, the integration of both principles reflects a new paradigm of Indonesian criminal law that is pluralistic, just, and civilized, reaffirming the nation’s legal politics grounded in Pancasila values and the principles of a democratic rule of law.
Perspektif Hakim terhadap Penerapan Hukum Adat dalam Penyelesaian Perkara Pidana di Pengadilan Negeri Padangsidimpuan
The background of this research aims to determine and analyze judges' perspectives on the application of customary law in resolving criminal cases at the Padangsidimpuan District Court. Customary law is an unwritten legal system that exists and develops within society and is often used as a consideration in deciding cases related to local values ​​and cultural wisdom. In the context of Padangsidimpuan society, which still strongly upholds customs and traditions, customary law often serves as a means of resolving social conflicts before they enter the formal legal realm. The research method used is empirical juridical, with data collection techniques through direct interviews with judges and document studies of several relevant court decisions. The results indicate that most judges at the Padangsidimpuan District Court view customary law as a complementary instrument to positive law, particularly in minor criminal cases with social and familial dimensions. Judges strive to consider customary values ​​to achieve substantive justice, without neglecting the principle of legality and statutory provisions. However, the application of customary law cannot replace positive law in its entirety; rather, it serves as a moral and social value that strengthens the community's sense of justice.
This study aims to explore Generation Z's adaptation to traditional values, particularly the Balinese language sor singgih in Catur Wangsa, amid social changes driven by globalization and technological advancements, from the perspective of interpersonal communication. The phenomenological approach in qualitative research is the research method used, with three data collection techniques: participant observation, unstructured interviews, and documentation. This study also uses source and technique triangulation as a data validity technique. The research informants are members of Generation Z from the five castes in Bali: Brahmana, Ksatria, Weisya, and Sudra. Research conducted across eight districts and cities in Bali indicates that Generation Z is beginning to shift its interpersonal communication patterns. Although they still uphold traditional values of politeness and social norms, Generation Z emphasizes equality and openness in their daily interactions. The generation Z that continues to use the Balinese language is segmented by social context, emotional closeness, and communication situations, rather than solely by caste differences. Furthermore, this study's findings show that the caste system is seen more as a cultural identity than a social boundary. The implications of this research emphasize the importance of preserving the values of Balinese local wisdom in the form of adaptive, egalitarian communication that is relevant to the development of the younger generation in the digital age.
Evaluasi dan Penguatan Sanksi Hukum dalam Penanggulangan Kecurangan (Fraud) pada Sistem Pembayaran Jaminan Kesehatan Nasional (JKN) di Indonesia
Although JKN aims to provide equitable and quality health services, fraudulent practices, such as phantom billing and diagnosis manipulation, continue to grow, harming BPJS Kesehatan and participants. This study aims to examine the effectiveness of legal sanctions against JKN claim fraud in FKRTL and identify gaps in their implementation. Although regulations are in place, law enforcement remains weak, with administrative sanctions failing to provide sufficient deterrence. The gap in this research lies in the lack of application of criminal sanctions in fraud cases, especially in existing regulations. The novelty of this research is its comparative approach between current administrative sanctions and the potential application of criminal sanctions in the context of healthcare fraud. The research method uses a normative-descriptive approach, analyzing regulations and fraud audit results, and identifying gaps in the implementation of legal sanctions. The results of the study indicate that strengthening criminal sanctions and integrating technology in claim monitoring can increase the effectiveness of fraud prevention. These findings are expected to strengthen regulations and improve the integrity of the JKN system, as well as provide policy recommendations for more effective law enforcement.
Kajian Filsafat Hukum Alam Irrasional Thomas Aquinas dan Rasional Hugo Grotius dan Imannuel Kant dalam Konteks Indonesia yang Religius
This study delves into the philosophical foundations of natural law, contrasting the irrational theories of Thomas Aquinas with the rational perspectives of Hugo Grotius and Immanuel Kant, examining their relevance within Indonesia’s deeply religious and pluralistic context. Aquinas argues that natural law is divinely ordained and serves as a universal moral guide, where law and morality are intrinsically linked. On the other hand, Grotius proposes that while natural law originates from divine will, human reason enables individuals to comprehend it, even without divine revelation. Kant’s philosophy shifts the focus to moral autonomy and the freedom of individuals, emphasizing that legitimate law must be based on principles of universal morality that respect human dignity. In the context of Indonesia, with its diverse religious landscape, integrating these philosophical ideas provides a balanced approach to the interaction between secular law, religious teachings, and moral values. The research adopts a juridical-normative methodology with a conceptual and legislative approach, analyzing secondary legal sources to explore how natural law influences Indonesia's legal system. The findings indicate that while Indonesia's legal system primarily follows positive law, it would benefit from incorporating the moral and spiritual aspects derived from natural law theory. The study concludes that Indonesia’s legal system can achieve a more substantive form of justice by integrating the principles of Aquinas, Grotius, and Kant, thus ensuring a more harmonious blend of legal certainty, moral integrity, and religious principles in the country’s laws.
Tanggung Gugat Penyelenggara Jalan terhadap Kecelakaan Lalu Lintas Akibat Jalan Rusak
This is related to the rights of traffic accident victims regulated in Article 240 of Law 22 of 2009 concerning Road Traffic and Transportation "traffic accident victims have the right to receive compensation from the party responsible and are entitled to insurance compensation from the insurance company". Article 1365 of the Civil Code, every person who commits an unlawful act is obliged to compensate for the losses arising from his or her mistake. In fact, many accidents occur due to damaged roads in Samarinda City, so this is one of the factors causing traffic accidents.The aim of this research is to answer two things. First, to find out and examine unlawful acts by the authorities in cases of traffic accidents due to damaged roads. Second, we want to know and examine the legal responsibilities of road operators. In this part of the research, we review and explore the relevant laws that regulate and are relevant to claims for compensation against road operators by victims of traffic accidents due to damaged roads.The results obtained from this research are as follows: 1) In this case, the occurrence of traffic accidents in terms of the last 5 years continues to show a significant increase, which means that the government has not maximally provided the community's rights, namely to have good roads. One of the causes of accidents is damaged roads, but to date no member of the public has filed a civil lawsuit against the government for compensation for the pain they suffered. 2) The government's regulations and efforts to provide protection for road users are sufficient, but they are not implemented optimally, in fact the public has never been given an appeal to demand their rights to receive good roads.
Banten Lama Sebagai Simbol Politik Daerah Mata Kuliah Studi Kebantenan
This study examines Banten Lama as a political symbol that shapes regional identity in Banten Province. As the former center of the Banten Sultanate from the 16th to the 18th century, the site holds not only historical and religious significance but also functions as a symbolic space influencing political legitimacy and the construction of collective identity in contemporary Banten society. Using a qualitative approach with a case study design, this research analyzes how local government, political elites, and communities negotiate the symbolic meanings of Banten Lama through ritual practices, public discourse, and revitalization policies. Data were collected through literature review, non-participatory observation, visual documentation, and examination of policy documents. The findings reveal that Banten Lama operates as a symbolic arena that intertwines historical narratives, Islamic spirituality, and political interests. The government employs symbols of the former sultanate to construct moral legitimacy and a religious political image, while local communities interpret Banten Lama as a spiritual space and a source of economic livelihood. Although the use of historical symbols strengthens regional identity, it also gives rise to symbolic politics that often dominate public space without being accompanied by substantive policy outcomes. This study concludes that the governance of Banten Lama requires participatory and culturally grounded approaches to ensure the sustainable preservation of its historical and social values.
Implementasi Kebijakan Pelestarian Budaya di Kabupaten Lebak dalam Konteks Tradisi Seren Taun
This study analyzes the implementation of cultural preservation policies in Lebak Regency in the context of the Seren Taun tradition as part of efforts to maintain local wisdom and sustainable development. The approach used is qualitative with a case study method, through interviews, observations, and documentation studies of local governments, traditional leaders, and the Kasepuhan Citorek community. Data analysis was carried out using the Miles and Huberman model, including data reduction, data presentation, and conclusion drawn. The results of the study show that the implementation of cultural preservation policies in Lebak has been regulated through Regent Regulation Number 435 of 2022 concerning Regional Cultural Promotion, which emphasizes the importance of indigenous peoples' participation. The implementation of this policy is analyzed using Edwards III's theory, which includes communication, resources, disposition, and bureaucratic structure. The Seren Taun tradition has proven to play an important role in strengthening cultural identity, fostering social solidarity, maintaining food security, and teaching ecological awareness. However, challenges such as budget constraints, low cultural documentation, and shifting values of the younger generation remain major obstacles. This research emphasizes that synergy between the government, customary institutions, and communities is the key to the success of sustainable and inclusive cultural preservation in Lebak Regency.
Pemimpin Negara dalam Perspektif Hadis-Hadis Siyasah: Analisis Hadis Quraisy dan Non-Quraisy dalam Kaitannya dengan Konteks Kepemimpinan di Indonesia
This study stems from a classic question in the study of political hadith regarding leadership, specifically the hadith "The Imams are from Quraysh," which is often understood textually as requiring leaders to be from the Quraysh tribe. This kind of understanding often stops at the normative and historical level, without considering the socio-political context of modern society, which is fundamentally different from the early Islamic era. As a result, a gap emerged between the moral message of the hadith and the reality of the leadership system in democratic countries like Indonesia. This research aims to reanalyse the meaning of hadiths about Quraysh and non-Quraysh leadership, and to trace their relevance to the concept of state leadership in the Indonesian constitutional system, placing Islamic political theory and modern leadership theory on an equal footing (theory = theory). This research employs a qualitative approach based on library research, with the primary sources being political hadiths and classical references such as al-Ahkam al-Sulthaniyyah by al-Mawardi, supplemented by contemporary literature on the modern Indonesian government system. The analysis was conducted using comparative methods and content analysis to explore the commonalities and differences between the concept of Imamah in Islam and leadership in modern democratic systems. The research findings indicate that the hadith about Quraysh leadership cannot be understood rigidly as a limitation of lineage, but rather as an ethical guideline emphasising the principles of justice, trust, responsibility, and public interest. The ethical values in the hadith align with the basic principles of the presidential system in Indonesia, such as public accountability, limitation of power, and popular sovereignty, as regulated in the 1945 Constitution. Despite challenges such as corruption, the politicisation of religion, and weak leadership morality, the values of the hadith remain relevant if translated into public norms and modern governance practices. This research confirms that leadership in Islam and Indonesian democracy can complement each other, with Islam providing a moral and spiritual foundation, while democracy offers the legal and political structure to realise it.
Dilema Prioritas Nafkah Generasi Sandwich: Analisis Fiqh Kritis Berbasis Kaidah Al-Farḍu Afḍalu Mina An- Nafli Dan Al-Wājib Lā Yutrak Illā Liwājibin
The phenomenon of the “Sandwich Generation” (SG) in Indonesia, where individuals of productive age (30-40 years old) bear a double financial burden—supporting the needs of their children and immediate family (furu') while also supporting their elderly parents (ushul)—has become a widespread social and financial challenge. This pressure, exacerbated by inadequate income and low financial literacy, forces 94% of SG respondents to set aside their personal interests. This dilemma calls for a clear Sharia analysis of the priority scale of financial support. This article aims to analyze the SG maintenance dilemma through the Qawa'id Fiqhiyyah (Fiqh Principles) framework to establish a hierarchy of financial obligations. The two main principles used are Al-Farḍu afḍalu mina an-Nafli (Absolute Obligation takes precedence over Sunnah) and Al-Wājib lā yutrak illā liwājibin (An Obligation cannot be abandoned except for another Obligation). Fiqh analysis shows that the resolution of priority conflicts is based on the classification of the legal status of the recipient of alms, distinguishing between absolute obligations (Adami rights, contractual) and conditional obligations (wajib zhanni, Allah's rights). Key findings establish Sharia priorities in conditions of limitation: Self, Wife and Children (Absolute Obligations), Parents (Conditional Obligations), Siblings/Relatives (Sunnah/Nafl). This priority is established to protect the nuclear family unit as the foundation of society, in line with Maqāṣid ash-Sharīʿah (Sharia Objectives).
Kolaborasi Pemerintah dan Masyarakat dalam Upaya Pelestarian Masjid Agung Banten sebagai Warisan Sejarah Islam Nusantara
The Great Mosque of Banten is a historical heritage that reflects cultural acculturation and the glory of Islam in the Indonesian archipelago. This study aims to analyze the forms of collaboration between the government, local communities, and site managers in preserving the Great Mosque of Banten using the Collaborative Governance theory by Ansell and Gash (2007). A descriptive qualitative approach was applied through interviews, field observations, and document studies conducted in the Great Mosque area. The findings reveal that collaboration among stakeholders has not yet reached optimal levels due to limited communication, trust gaps, and conflicting interests. Nevertheless, functional cooperation has emerged through joint activities in sanitation, security, and tour guide training. Based on the five indicators of the collaborative process, direct communication (face to face dialogue) and trust building remain major challenges, while shared understanding between government agencies, the foundation, and the community has begun to develop. This study highlights the importance of sustainable collaborative governance in preserving the religious, historical, and social values of the Great Mosque of Banten while supporting the welfare of the surrounding community.
Strategi Komunikasi Pemasaran Taxi Ngurah Rai Bali dalam Mengatasi Persaingan Bisnis di Era Digital
This study aims to analyze the marketing strategy implemented by the Ngurah Rai Taxi Transportation Cooperative in responding to competition in the transportation industry in the digital era. Unlike application-based transportation companies, Ngurah Rai Taxi is a local transportation service provider that does not use a booking application, but instead relies on direct marketing activities at Ngurah Rai International Airport and the use of social media as a marketing communication tool. This study employs a descriptive qualitative approach, with data collected through in-depth interviews, field observations, and documentation. The research informants consist of an operational manager, field staff, a social media administrator, and taxi drivers. The findings indicate that the marketing strategy of Ngurah Rai Taxi emphasizes personal interaction, trust, and its image as an official airport taxi. Analysis using the AIDA model shows that consumer attention and interest are built through physical presence in the airport arrival area and direct communication, while desire and action are influenced by factors such as safety, fare certainty, and service comfort. This study confirms that direct service-based marketing strategies remain relevant and competitive within the context of Bali’s tourism market.
Menjalin Kedekatan Emosional melalui Komunikasi Hati dalam Hubungan Karyawan dan Pelanggan di Hotel Masainn
This study aims to examine the application of heart-centered communication based on Nonviolent Communication (NVC) Theory in interactions between employees and guests at the Masainn Hotel, Kuta, Bali. NVC, developed by Marshall Rosenberg, stresses empathetic engagement built on four core components: observation, feelings, needs, and requests. Using a descriptive qualitative approach, data were collected through in-depth interviews with guests and direct field observations of daily service interactions. The findings indicate that employees consistently apply empathy-driven communication by offering warm greetings, attentive service, and genuine emotional presence. These behaviors help create a family-like environment that makes guests feel comfortable and emotionally connected to the hotel. Notably, one guest reported returning to the hotel for three consecutive years, having been introduced by a friend who has been a loyal customer for nine years. This demonstrates that NVC-based communication contributes significantly to guest satisfaction, trust, and long-term loyalty. Furthermore, the study highlights the strategic role of emotional intelligence and compassionate communication in shaping service quality within the hospitality industry. By integrating NVC principles into daily service practices, hotels can foster stronger interpersonal relationships, enhance guest experiences, and build sustainable customer retention.
Implementasi Komunikasi Interpersonal antara Tutor dan Siswa pada Kegiatan Speaking Class di Kind English Course
This study explores the implementation of interpersonal communication between tutors and students in speaking class activities at the Kind English Course by applying DeVito’s Interpersonal Communication Theory. Interpersonal communication plays a vital role in English language learning, especially in speaking classes where real-time interaction directly shapes students’ engagement and learning outcomes. Using a qualitative literature review method, this research examines how the five key components of interpersonal communication—openness, empathy, supportiveness, positiveness, and equality—are applied within instructional practices. The analysis reveals that tutors who demonstrate openness and empathy foster stronger emotional connections with students, which encourages them to speak more confidently. Supportive and positive communication behaviors further create a safe and motivating learning environment where students feel valued and understood. Additionally, the principle of equality helps reduce hierarchical barriers, enabling more collaborative and interactive learning dynamics. Overall, the findings indicate that the consistent application of interpersonal communication principles significantly enhances students’ participation, confidence, and speaking proficiency. This study contributes to a deeper understanding of how communication quality influences language learning and underscores the importance of interpersonal competence among tutors in developing effective and engaging speaking class experiences.
Representasi Pernikahan Beda Agama dalam Film Komang : Analisis Semiotika Ferdinand de Saussure
This study aims to analyze the meaning of interfaith marriage in the film Komang using Ferdinand de Saussure's semiotic theory. This theory emphasizes the relationship between signifier and signified as well as the concepts of langue and parole to explain the interaction between social systems and individual expression. The results of the analysis show that the visual, verbal, and symbolic signs in the film represent the clash between love and belief. Scenes such as the initial meeting at a cultural festival, family rejection, and symbolic marriage become a form of negotiation between social values and personal freedom. This film affirms that interfaith marriage in Indonesia can only be accepted through compromise with the religious norms of the majority, but still presents a message of tolerance through symbols of cultural harmony. Therefore, the film Komang is not just a romantic narrative, but a social reflection on the relationship between religion, culture, and love in a pluralistic society.
Analisis Yuridis Normatif Klausul Force Majeure dalam Perjanjian Bisnis di Indonesia
The concept of force majeure is essential in business agreements in Indonesia, as it regulates the release of contractual obligations that cannot be fulfilled due to events beyond their control such as natural disasters, pandemics, conflicts, or government policies. This study examines force majeure clauses in business agreements in Indonesia from a normative juridical perspective, focusing on the legal framework, its application practices, and its legal implications for contractual certainty. Using normative juridical qualitative methods, data were analyzed from the Civil Code (KUHPerdata) Articles 1244–1245 and 1444–1445, legal doctrine, and literature. The results of the study underlined that the force majeure clause has a strong legal basis in the Civil Code, which exempts the affected party from the obligation of compensation if the failure to perform the obligation is caused by events beyond his control. The application of this clause in the contract allows for the revision, postponement, or termination of a temporary contract, thereby guaranteeing legal certainty and protecting the principles of good faith and contractual fairness. In addition, the formulation of detailed clauses in the contract is crucial to prevent potential legal disputes down the road and ensure fair protection for all parties involved in the business agreement.
Oligarki Partai Politik dan Reduksi Doktrin Constituent Recall dalam Tata Laksana Demokrasi Perwakilan di Indonesia
The dominance of the political party elite (oligarchy) in Indonesia's representative democracy system has shifted the meaning and implementation of the constituent recall doctrine. Although Article 1 paragraph (2) of the 1945 Constitution affirms that sovereignty resides with the people, in practice the recall mechanism is not a constituent right, but rather the exclusive authority of political parties. This study uses a normative legal method with a legislative, conceptual, and comparative approach. The research data was obtained from primary legal materials (the 1945 Constitution, Law Number 2 of 2008 concerning Political Parties, Law Number 2 of 2011 on Amendments to Law Number 2 of 2008 on Political Parties, Law Number 7 of 2017 on General Elections, Law Number 17 of 2014 on the MPR, DPR, DPD, DPRD (MD3), as well as secondary legal materials in the form of books, scientific journals, and opinions of constitutional law experts. The results of the study show conceptual reduction, namely the transfer of the people's right to revoke the mandate of their representatives to the parties, and categorical reduction, namely the narrowing of the function of recall to an internal party disciplinary tool. The applicable regulations, particularly MD3 Law, give excessive privileges to political parties, thereby severing the substantive relationship between representatives and constituents. This study proposes a participatory and accountable constituent recall model, with the right of initiative in the hands of the people through public petitions, verification by an independent institution, and a final decision through a real election.
Perlindungan Hukum Bagi Para Pihak Atas Terjadinya Wanprestasi Dalam Transaksi Jual Beli Tanah
In this thesis, the researcher intends to find out the Default in the case of Default in the Sale and Purchase of Land. In this case, the buyer feels disadvantaged by the Seller who has committed an act in the case of default. This study uses a Sale and Purchase Agreement between the Seller and the Buyer with the object of Residential Land. The seller in this case is in the position of Land Owner. (developer). And the buyer in this case is in the position of buyer in the sale and purchase of the land. This study uses a normative juridical method, namely research using a case approach accompanied by the Law. There are three forms of default, namely carrying out what has been agreed, but not as agreed and carrying out what has been agreed, but late in carrying out something that according to the agreement should not be carried out. So in the case of the case entering into one form of default, namely carrying out what has been agreed but not as agreed. The occurrence of a non-compliance with the agreement between the seller and the buyer, namely in the land sale and purchase agreement, in which the initial agreement stated the land area was 20,000M2. If the certificate is broken, the land area exceeds what was agreed upon, the buyer is obliged to pay Rp. 5,000,000 to the buyer.
Hakikat Negara, Syarat terbentuknya Negara, Bentuk Negara, dalam Pemerintahan, Sistem Kelembagaan Negara Indonesia Menurut UUD 1945. Hubungan Antar Lembaga Negara
State institutions play a primary role in governing and exercising power within a country. Indonesia, as a unitary state with a republican system, regulates the state's institutional structure through the 1945 Constitution, which serves as the supreme legal basis and guideline for state administration. The function of state institutions is to ensure that all aspects of government are implemented in accordance with the principles of law, justice, and public welfare. The state is not only considered a legal entity but also a social entity with specific functions and logic. The state's objectives are directed at balancing government power and citizen rights and accommodating the interests of individuals and the wider community. Following the amendments to the 1945 Constitution, Indonesia's institutional system underwent significant changes with the establishment of independent institutions that strengthen democracy, transparency, and accountability. Understanding the state's foundations, the requirements for formation, the form and system of government, and the relationships between institutions is crucial for maintaining Indonesia's constitutional order. Furthermore, public respect for state symbols and institutions contributes to strengthening unity and political stability, and realizing the ideals of a sovereign and prosperous nation.
Penerapan Integrated Marketing Communication pada Penjualan Produk Beras Lokal Tabanan dalam Menghadapi Dominasi Merek Nasional
This research aims to explore how Integrated Marketing Communication (IMC) is applied to enhance the sales performance of local rice products in the midst of competition with well-established national brands. Intensified competition arises due to the increasing presence of rice products from other regions as well as premium national brands that offer added value. These market dynamics underscore the importance of strategic marketing communication, especially in designing messages, selecting appropriate media channels, and applying the right consumer engagement approach to strengthen brand awareness and loyalty.A descriptive qualitative method was employed, utilizing a case study approach on a local rice producer in Tabanan Regency. Data collection involved in-depth interviews, field observations, and documentation related to promotional and sales activities, which were then analyzed through data reduction, data display, and conclusion-drawing stages.The results demonstrate that the coordinated use of IMC elements such as advertising, sales promotion, public relations, digital marketing, and word-of-mouth has contributed significantly to improving brand perception and market competitiveness. Ultimately, this study suggests that adopting a consistent and well-structured IMC strategy is essential for local rice producers to sustain their presence and achieve growth amidst the dominance of national rice brands.
Kuasi Gerakan Sosial: Studi Kasus Aksi 25 Agustus 2025
This study investigates the phenomenon of quasi-social movements that emerged during the August 25, 2025 protests in Indonesia. Quasi-social movements are defined as forms of public mobilization that appear to arise spontaneously, lack formal organizational structures, and are often leveraged for particular political agendas. Using a qualitative method supported by literature review, this research examines social movement theories, the functions of social media, and the socio-political dynamics that shaped the protests. The findings indicate that the protests were not purely the result of spontaneous civic engagement, but were instead driven by top-down mobilization orchestrated by elite actors through digital narratives, disinformation, and the broader influence of communication technology. This phenomenon signals a shift in the relationship between citizens and the state, including evolving patterns of political participation that do not always follow organized forms. The protests further illustrate how mass mobilization in the digital era can be generated through narrative construction and manipulation of public perception. In conclusion, quasi-social movements represent a new pattern of technology-mediated political expression, highlighting the need for more critical perspectives on modern forms of social mobilization.
Implikasi Perubahan Data Pribadi oleh Subjek Data Terhadap Keabsahan Perjanjian Kredit dan Jaminan Hak Tanggungan Perspektif UU Nomor 27 Tahun 2022
This study aims to analyze the legal consequences arising from changes to personal data made by data subjects on the validity of collateral that has been used as security for credit, as well as to examine the forms of legal protection that may be granted to creditors. Changes to personal data such as identity, address, and the debtor’s legal status may lead to legal uncertainty regarding the validity of credit security agreements, particularly those involving Hak Tanggungan (mortgage rights). In this research, the author employs a normative juridical method using statutory and conceptual approaches. The findings of this study show that changes to personal data without notification or updates to the security documents have the potential to create administrative discrepancies and legal risks for creditors during the execution of the collateral. Legal protection for creditors needs to be strengthened through the regulation of the debtor’s obligation to report any changes in personal data, updates to the security certificates, and clear provisions outlined in the credit agreement. Accordingly, legal certainty between the creditor and the debtor can be maintained in line with the implementation of Law Number 27 of 2022 on Personal Data Protection.
Komunikasi Interpersonal Antara Ibu dan Anak dalam Menghadapi Konflik
This study discusses the dynamics of interpersonal communication between mothers and children in dealing with family conflicts. Conflict is a natural part of interpersonal relationships, but the way it is managed determines the quality of long-term relationships. Interpersonal communication is an important element because through the process of exchanging messages, mothers and children can express their feelings, understand each other's perspectives, and find an agreement that can be accepted by both parties. This study uses a qualitative approach with a literature review method to examine communication patterns, barriers, and strategies used in the conflict resolution process. The results of the study showed that open communication, empathy, emotional presence, and active listening skills greatly influenced the success of conflict management. In addition, research has found that the alignment of verbal and nonverbal messages, the use of non-judgmental language, and mutual respect can create an atmosphere conducive to dialogue. This study makes a theoretical contribution to understanding modern family relations and practical implications for strengthening communication in dealing with mother-child conflicts.
Quarter life crisis is a phase of identit, emotional, and life purpose crisis commonly experienced during early adulthood, especially when faced with pressure related to life achievements, employment, and social expectations. this study aims to describe the dynamics of quarter lufe crisis experienced by unemployed Javanese young adults. a qualitative approach using a case study method was employed to understand the participants subjective experiences. Data were collected through in depth interview with three informants aged 18-29 ears, residing in Central Java, who were currently unemployed. The findings show that these young Javanese individuals tend to experience symptoms of quarter life crisis such as anxiety about the future, feelings of worthlessness, social pressure from family and surroundings, and confusion about life direction. Moreover, the patriarchal nature of Javanese culture adds further pressure on the informants. This study concludes that the quarter life crisis among Javanese young adults has unique characteristics shaped by cultural context and socioeconomic conditions. These findings are expected to serve as a foundation for developing more culturally contextual psychological interventions and contribute to cross cultural studies on early adulthood development.
Kritik, Kebebasan Berpendapat, dan Batas Hukum Ujaran Kebencian
This study examines the dynamics of public criticism of Shin Tae-yong's dismissal by PSSI as a phenomenon of digital communication that shows the tension between freedom of expression and the legal limits of hate speech. The background of this research stems from the intensity of netizens' reactions, which developed into collective moral pressure and had the potential to enter the realm of insults and hostility, as reflected in various comments, news reports, and verbal disputes involving public figures. This study aims to analyze how criticism, media framing, and netizen responses interact with the regulations of the ITE Law, particularly Article 28 paragraph (2), which is often used in reporting hate speech. The methods used are a normative juridical approach and case studies with document analysis, news reports, and academic literature techniques to identify patterns of digital expression and their legal relevance. The results of the study show that public criticism of Shin Tae-yong not only reflects performance evaluation, but also contains emotional, social identity, and moral dimensions that are reinforced by media framing and digital culture. The discussion confirms that the shift from criticism to hate speech occurs when public expression is not managed ethically, while law enforcement on hate speech articles still faces interpretation problems. In conclusion, this verbal dispute reflects the complexity of Indonesia's digital democracy and the urgency of legal reform
Analisis Pencapaian SDGs 7 Affordable and Clean Energy di Bidang Ketenaga Listrikan pada Pemprov Jawa Barat
This study examines the extent to which West Java Province has achieved Sustainable Development Goal (SDG) 7 on clean and affordable energy in the electricity sector. The study uses a qualitative method with a case study approach to evaluate policies and achievements in terms of energy access, renewable energy use, energy efficiency, and the dynamics of cooperation between government agencies. The results show that the electrification rate in West Java has almost reached 100% thanks to government policies such as the free electricity program for underprivileged communities. However, the share of renewable energy in the province was still around 15% in 2022, which has not yet reached the target of 17% by 2025. Furthermore, energy efficiency is also an important issue because primary energy consumption in West Java increased in 2022. This study emphasizes the need to enhance inter-agency cooperation, innovation in local policies, and political commitment to achieve SDG 7 targets in line with national directives.
Analisis Fenomena Authority Trap dalam Kewenangan Pemerintah Daerah dalam Menjalankan SDGS 7 Affordable and Clean Energy
The phenomenon of authority trap occurs when local governments are burdened with achieving SDG 7 (“Affordable and Clean Energy”) targets without being granted adequate authority and resources. This study examines the context of West Java Province and Bandung City, which face complex clean energy governance due to fragmented authority across levels of government. At the national level, Government Regulation No. 40/2025 reinforces emission reduction and the transition toward Net-Zero Emissions by 2060. West Java has established RUED No. 2/2019, which sets a minimum renewable energy share of 17% by 2025. However, the technical responsibilities for implementation (such as electrification and energy conservation) lie at the regency/municipal level. The analysis highlights fiscal disparities, PLN’s dominance, and national regulations that override local authority. Local innovations such as rooftop solar PV, solar-powered street lighting, the Green Building Mayor Regulation, and PPP schemes are evaluated for their effectiveness. This qualitative study combines policy document analysis and literature review. The findings show that the absence of strong local regulation (regulatory void) and the central dominance of PLN reinforce the authority trap, hindering synergy among stakeholders. The recommendations emphasize strengthening institutional collaboration, aligning local and national regulatory frameworks, and promoting innovative financing mechanisms to enable Bandung City to break free from the authority trap in achieving SDG 7 targets.
Rekonstruksi Kelembagaan Politik Pasca- Demo Pembubaran DPR-Tinjauan Atas Krisis Institusional dan Perlawanan Sipil di Tahun 2025
Demonstrations demanding the dissolution of the House of Representatives by 2025 highlight a crisis of public trust and serve as a key moment in Indonesia's political landscape. These protests have not only symbolic significance but also lead to elite repositioning, the temporary dismissal of several members, and the cessation of policy that increased benefits. This study examines how the crisis has prompted political institutional reconstruction and the role of civil society in influencing change. A descriptive qualitative approach was used, including literature studies, analysis of academic literature, official documents, and media reports. The findings indicate that actions by the House of Representatives, such as the rotation of Commission III leadership, member deactivation, and rejection of benefit increases, were primarily reactive to public pressure. The discussion reveals that while these actions reduce crisis escalation, they are cosmetic and do not address structural issues like legislative accountability and budget transparency. In conclusion, the 2025 protests provide an opportunity for civil society to engage politically outside elections, but the institutional changes made are short-term. Fundamental reform can only occur if civil movements remain consistent and if political parties and the government commit to reform.
Analisis Kebijakan Pemerintah Indonesia Mengatasi Illegal Fishing di Kawasan Laut Arafura (2023-2024): Studi Kasus Kapal Run Zeng
This research analyzes the Indonesian government’s policy responses to combating Illegal, Unreported, and Unregulated (IUU) Fishing in the Arafura Sea during 2023-2024, focusing on the case of the Run Zeng 03 and Run Zeng 05 vessels. These foreign-flagged vessels, owned by a Chinese company but registered under the Russian flag, were involved in illegal fishing and human rights violations against Indonesian fishery crew members. Using a qualitative descriptive approach supported by literature studies and official government data, this research analyzes how Indonesia implemented its maritime sovereignty through legal enforcement, inter-agency coordination, and international maritime diplomacy. The findings reveal that Indonesia’s measures, such as vessel monitoring AIS/VMS technology, law enforcement through arrests and seizures, and diplomatic engagement with flag states reflect a progressive but still reactive approach. The study identifies key challenges, including limited foreign authorities. This research highlights the need for an integrated policy framework that combines hard power (law enforcement and patrols) with soft power (international cooperation, economic diplomacy, and labor protection). The study concludes that a comprehensive and collaborative approach is essential to strengthen maritime governance and ensure sustainable, equitable management of Indonesia’s marine resources.
Analisis Yuridis Hak Atas Tanah Akibat Perbuatan Melawan Hukum Penguasaan Tanah
This study examines the increasing incidence of land disputes in Indonesia, particularly those arising from unlawful acts in the form of unauthorized land occupation, which generate legal uncertainty and result in both material and immaterial losses for rightful landowners. The growing number of such cases highlights the urgent need for fair and firm legal protection, especially when land occupation has occurred over a long period and complicates the recovery of ownership rights. This research specifically analyzes Decision Number 267/Pdt.G/2020/PN Kpg, a case involving the occupation of part of the plaintiff’s certified land by the defendant. The general objective of the study is to gain a comprehensive understanding of the legal mechanisms for restoring land rights affected by unlawful land occupation, while the specific objectives are to identify the form of the unlawful act committed and to analyze the legal process used to recover the disputed land rights. The research employs a normative legal method based on the analysis of secondary data, including legislation, legal doctrines, and court decisions. The approaches applied consist of statutory, conceptual, and case approaches, using juridical-descriptive analysis techniques. The findings are expected to identify unauthorized land occupation through boundary expansion as a form of unlawful act and to explain the recovery mechanism through civil litigation and the validation of land boundary re-measurement reports. This study is expected to contribute theoretically to agrarian and civil law development and practically to improving land dispute resolution procedures and public legal awareness.
Tinjauan Pertanggungjawaban PT. Lapindo Brantas Berdasarkan Aspek Responsibility Theory dengan UU No 32 Tahun 2009 Tentang Perlindungan dan Pengelolaan Lingkungan Hidup
The Lapindo Brantas case is the largest environmental disaster in Indonesia, causing significant environmental damage and widespread economic and social impacts on the surrounding community. This incident sparked debate about corporate legal responsibility for the damage that occurred. This study aims to thoroughly evaluate the responsibility of the Lapindo Brantas corporation using the responsibility theory approach and Law Number 32 of 2009 concerning Environmental Protection and Management. The methods used are normative with case studies and legislative analysis to understand the mechanism of corporate legal responsibility in the context of environmental disasters. The findings of this study indicate that corporations can be held criminally liable for environmental damage, and in the case of Lapindo Brantas, the company bears legal responsibility in accordance with the principle of strict liability as stipulated in Law Number 32 of 2009. This study emphasizes the urgency of applying the principle of corporate responsibility as an important part of environmental law enforcement in Indonesia.
Analisis Patologi Sosial dalam Novel The Wind-Up Bird Chronicle Karya Haruki Murakami
This study aims to identify and analyze forms of social pathology in Haruki Murakami’s The Wind-Up Bird Chronicle. Employing a qualitative content analysis approach, the research examines how historical violence and trauma, abuse of power, and existential alienation are represented through the novel’s narrative structure, characters, and symbolic elements. The findings indicate that these three categories are interconnected, forming a systemic pattern of social dysfunction rooted in institutional failure, historical memory, and individual psychological pressure. The depiction of war highlights collective trauma, while both physical and symbolic forms of domination illustrate distorted power relations. Furthermore, the motif of alienation reflects the psychological consequences of social instability and disrupted interpersonal bonds. The study aligns with previous research on trauma and deviance in Murakami’s works and strengthens the view of literature as a critical medium for reflecting modern social conditions.
Perlindungan Hukum Konsumen Terhadap Pemanfaatan Reaktor Hidrogen Energi Guna Menghemat BBM pada Bengkel Karya Gemilang
The development of automotive technology continuously seeks solutions to improve human mobility and address environmental concerns. This study focuses on the Hydrogen Reactor (HHO) technology as an alternative solution for fuel efficiency and emission reduction, specifically examining the legal protection of consumers utilizing this technology at Bengkel Karya Gemilang. The research aims to analyze the legal framework of consumer protection in the context of new energy-saving technologies and to identify the legal responsibilities of business actors (workshops) and the rights of consumers. Employing a normative legal research method with a case study approach, the study analyzes the implementation of Law No. 8 of 1999 concerning Consumer Protection (UUPK) in the utilization of HHO reactors. The findings indicate that while the HHO reactor technology offers a potential 5-15% increase in fuel efficiency and CO emission reduction, its implementation introduces new legal challenges, particularly regarding product safety, standardization, and the obligation for periodic servicing. Consumer protection is primarily ensured through the workshop’s obligation to provide clear product explanations, guarantee product safety, and fulfill the periodic service commitment. The study concludes that the existing UUPK provides a sufficient legal basis, but its implementation requires clear and transparent agreements, especially concerning the technical specifications and long-term maintenance of the HHO reactor, to ensure consumer rights are fully protected against potential risks associated with new, non-standardized automotive technologies.
Pengaruh Bantuan Sosial terhadap Perilaku Memilih Petahana dalam Pemilihan Walikota Palangka Raya 2024
Social assistance programs are often a major concern during local elections. However, their impact on voter support for incumbents remains underexplored. This study analyzes how perceptions of social assistance influence voting behavior for incumbents in the 2024 Palangka Raya mayoral election. Using a sequential explanatory mixed methods design, the quantitative stage was conducted through a survey of 370 social assistance recipients and analyzed using PLS-SEM. The qualitative stage used 13 official documents and verified news reports to examine how social assistance was framed in the public sphere. The results show that perceptions of social assistance are the strongest predictor of the tendency to vote for incumbents, whereas political competition, demographic factors, and moderating effects are not significant. Qualitative analysis shows that social assistance issues are the most frequently mentioned theme in news reports and official documents, thereby reinforcing their relevance as a basis for evaluation by the beneficiaries. This study shows that voters tend to respond to the benefits of policies they perceive in determining their electoral choices, even within a public sphere that frequently raises issues of program politicization.
Kajian Yuridis terhadap Asas Itikad Baik dalam Pelaksanaan Putusan Pengadilan Perdata
The enforcement of civil court judgments in Indonesia frequently encounters obstacles due to parties’ bad faith conduct, such as covert asset transfers or groundless resistance to execution. Although the principle of good faith is a foundational tenet in civil law, its application in the enforcement phase remains inconsistent. This study examines the concept and legal status of the good faith principle in Indonesian positive law concerning civil judgment enforcement and analyzes the legal consequences of its violation. A normative juridical method is employed, utilizing library-based research on primary and secondary legal sources. The findings reveal that while good faith is recognized in substantive civil law, it has not been explicitly incorporated into civil procedural law. Consequently, bad faith actions during enforcement rarely incur clear procedural sanctions. Theoretically, this underscores the need to integrate ethical principles into civil procedure doctrine; practically, it calls for regulatory reforms to embed good faith as a binding procedural obligation in judgment enforcement.
Implementasi Upaya Restorative Justice terhadap Tindak Pidana Pelecehan Seksual Berdasarkan Perpol Nomor 8 Tahun 2021
This article examines the handling of sexual harassment offenses within Indonesia’s criminal justice system, which faces complex challenges, particularly when restorative justice (RJ) is used as an alternative mechanism for case resolution. This study analyzes the implementation of RJ in sexual harassment cases at the Sleman Resort Police (Polres Sleman), referring to the Indonesian National Police Regulation No. 8 of 2021 on the Handling of Criminal Acts Based on Restorative Justice. The analysis focuses on how this policy is applied at the operational level and how its practice interacts with the normative provisions set forth in Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS), which explicitly prohibits non-judicial settlement for several categories of sexual violence. Using a qualitative approach through interviews, observations, and document analysis, the study finds that RJ continues to be applied at Polres Sleman despite its potential conflict with the prohibitions stipulated in the UU TPKS. At the operational level, the legal culture of police officers plays a significant role in encouraging the use of RJ, driven by pragmatic considerations such as efficiency in case resolution, social pressure from the community, and officers’ perceptions of the seriousness of sexual harassment cases. As a result, victims’ rights often fail to become the central focus, even though victimology emphasizes the importance of victim recovery and protection. The study concludes that regulatory harmonization, increased sensitivity of law enforcement officers toward sexual violence issues, and strengthened victim protection mechanisms are essential to ensure that the application of RJ does not undermine substantive justice.
Pengaruh Penggunaan Media Sosial Pribadi terhadap Personal Branding Mahasiswa Komunikasi Digital dan Media
The rapid advancement of social media platforms has reshaped how people form and express their identities within digital environments, especially among university students. This research seeks to examine the extent to which personal use of social media influences the development of personal branding among students in the Digital Communication and Media Program at IPB University Vocational School. A quantitative research method with a survey approach was applied, involving 71 participants selected through random sampling techniques. Data collection was carried out using an online questionnaire employing a four-point Likert scale, and the data were analyzed through various statistical tests including validity and reliability assessments, classical assumption tests, Pearson correlation, simple linear regression, and determination coefficient using SPSS software. The results demonstrate that personal engagement with social media has a significant and positive relationship with students’ personal branding. Students who post consistently, produce high-quality content, and engage positively with audiences tend to project a stronger professional persona. Overall, the findings indicate that social media serves not only as a means of communication but also as an essential medium for developing one’s reputation and professional credibility in the digital age.
Integrasi Pertahanan Siber dalam Sistem Pertahanan dan Keamanan Rakyat Semesta (Sishankamrata): Analisis Komparatif dengan Amerika Serikat, Estonia, dan Singapura
Modern conflict has evolved into the cyber domain as part of hybrid warfare, demanding a reinterpretation of the Sishankamrata (Total People's Defense and Security System) doctrine to encompass the digital realm. This study aims to analyze the integration of cyber defense into the Sishankamrata framework using a literature review and comparative analysis with the cyber defense strategies of the United States, Estonia, and Singapore. The results indicate that the implementation of Sishankamrata in the cyber domain faces challenges regarding inter-institutional synergy and unclear operational roles for the Reserve and Support Components. Based on the comparative analysis, Estonia's Cyber Defence Unit model and Singapore's Digital Defence pillar are identified as the most effective blueprints for Indonesia to mobilize civilian experts and enhance social resilience. This study recommends that the government formalize "Digital Defense" as an integral pillar of Sishankamrata, establish a Cyber Reserve Component consisting of expert civilian volunteers, and strengthen legal frameworks and public digital literacy as a form of state defense
Problematika Kedudukan Ahli Waris Pengganti dalam Hukum Islam
The family is the smallest unit in society, within which rights and obligations exist as in social life in general. In fulfilling individual needs and interests, conflicts often arise, including disputes over inheritance distribution. Inheritance refers to the property left behind by a deceased person, which must be distributed to entitled heirs in accordance with Islamic law or customary law applicable within the community. Problems frequently emerge regarding the position of substitute heirs, particularly nephews, within the Islamic inheritance system. This study entitled “Various Aspects of Family Law in Indonesia: The Problematics of the Position of Nephews as Substitute Heirs in Islamic Law” aims to examine the status of substitute heirs in inheritance distribution and to identify the conditions under which substitute heirs are recognized in Islamic law. The research employs a normative method with a library-based approach, analyzing classical fiqh literature and scholarly opinions. The data consist of primary and secondary sources collected through document study. The findings indicate that a substitute heir is recognized when the primary heir dies after the testator but before the inheritance has been distributed, allowing the substitute heir to receive the share in accordance with Islamic legal provisions.
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Kajian Yuridis Pertanggungjawaban Hukum dalam Tindak Pidana Penadahan
This study analyzes the construction of criminal liability in the crime of handling stolen goods, focusing on situations where the perpetrator purchases or receives goods without knowing they are the result of a crime, especially when the economic value is relatively small, i.e., below Rp5,000,000. This normative study uses a legislative approach by examining Article 591 of Law Number 1 of 2023 on the Criminal Code (KUHP), as well as a conceptual approach to the theory of fault (schuld) and the principle of proportionality. The study's findings show that in transactions involving low-value goods, proving the subjective element of "knowing or should have known" becomes highly problematic because the element of intent (dolus) is often not met without objective suspicious indications. The concept of price fairness plays a key role as the primary indicator of normal transactions and weakens the assumption that the perpetrator should suspect the illegal origin of the goods. This study recommends that law enforcement consider using non-criminal mechanisms, such as restitution or mediation, to achieve substantive justice and avoid excessive criminalization.
Tinjauan Teori Hukum terhadap Tindak Pidana Pencurian yang Dilakukan Remaja Berumur 15 Tahun di Pasar
This research is motivated by the phenomenon of theft committed by 15-year-old adolescents in market environments, which creates tension between criminal law enforcement and the principle of child protection in the Indonesian legal system. The study aims to analyze the legal regulations of theft under the old Criminal Code (Law No. 1 of 1946), the new Criminal Code (Law No. 1 of 2023), and the Juvenile Criminal Justice System Law; to examine the criminal liability of adolescents from the perspective of criminal law theory; and to review the implementation of restorative justice and diversion. The research method used is normative legal research with statutory, conceptual, and case approaches, particularly reviewing the provisions of Article 591 of the new Criminal Code, the theory of fault, and the principle of proportionality. The results indicate that the criminal liability of children must take into account psychological limitations, maturity levels, and criminogenic factors, including the influence of the social environment. Furthermore, the mens rea element in the phrase "known or reasonably suspected" is difficult to apply in practice to transactions involving small losses, as price reasonableness can obscure indications of malicious intent. This finding affirms that imposing criminal penalties on children in cases of petty theft potentially contradicts the principles of ultimum remedium and proportionality. Therefore, law enforcement should prioritize diversion, mediation, and restorative justice approaches by involving families and communities to achieve substantive justice and prevent excessive criminalization of children.
Rekonstruksi Kebijakan CSR di Indonesia Sesuai Analisis Hukum, Implementasi, dan Arah Reformasi
Corporate Social Responsibility (CSR) in Indonesia has undergone a paradigmatic shift from voluntary philanthropic activities to a legally binding obligation grounded in various statutory regulations, particularly Law Number 40 of 2007 on Limited Liability Companies and Law Number 25 of 2007 on Investment. This study aims to analyze the legal framework governing CSR in Indonesia from a public policy perspective, to evaluate the implementation of CSR by corporations, and to identify normative and empirical constraints that hinder the optimization of CSR as an instrument of sustainable development. The research employs a normative juridical method with statutory, conceptual, case-based, and policy analysis approaches. The findings indicate that CSR regulation remains partial in nature, primarily due to the limitation of mandatory obligations to specific sectors, the absence of clear and enforceable sanctions, and the lack of national standards for reporting and oversight.
Problematika Penegakan Hukum Pidana Pemilu dalam Sistem Sentra Gakkumdu dan Rekonstruksinya Berbasis Pendekatan Restorative Justice
The enforcement of election criminal law plays a crucial role in safeguarding democratic integrity and upholding the principle of popular sovereignty. Law Number 7 of 2017 establishes the Integrated Law Enforcement Center (Sentra Gakkumdu) as a coordinated mechanism involving the Election Supervisory Body, the Police, and the Prosecution Service in addressing election crimes. However, in practice, the Gakkumdu system has not fully ensured a balanced realization of legal certainty, substantive justice, and legal utility. This study aims to analyze the problems of election criminal law enforcement within the Gakkumdu system, examine the relevance of the Restorative Justice approach in election law, and formulate a reconstruction of election criminal law enforcement based on this approach. This research employs normative legal research using statutory, conceptual, legal philosophy, and legal policy approaches. The findings indicate that the weaknesses in election criminal law enforcement arise from institutional fragmentation, normative ambiguity, and a legal culture dominated by legalistic and sectoral perspectives. The Restorative Justice approach is considered relevant as it prioritizes substantive justice and the restoration of democratic values. Therefore, reconstructing election criminal law enforcement based on Restorative Justice is essential to strengthening democratic legitimacy and public trust in elections in Indonesia.
Hukum Perlindungan Konsumen dan Transaksi Pre-Order Produk UMKM di Era Ekonomi Digital
The rapid development of e-commerce has significantly increased the participation of Micro, Small, and Medium Enterprises (MSMEs) in the digital economy, particularly through the use of pre-order transaction schemes. Although Indonesia has established a relatively comprehensive legal framework for consumer protection and electronic transactions, pre-order transactions involving MSME products remain highly vulnerable to fraud. This study aims to analyze the effectiveness of legal regulation and implementation of consumer protection in pre-order transactions conducted through e-commerce platforms, to identify legal, institutional, and social factors contributing to consumer vulnerability, and to examine the role of the state and e-commerce platform providers in strengthening consumer protection as a public policy. This research employs a normative legal research method with a prescriptive-analytical character, utilizing statutory, conceptual, and case approaches. The findings reveal that existing consumer protection mechanisms remain partial and predominantly reactive, as they do not specifically accommodate the inherent risks of pre-order transactions nor are they supported by preventive supervision and enforcement mechanisms. Consumer vulnerability arises from the interaction between regulatory gaps, institutional limitations, and social conditions such as information asymmetry and low legal and digital literacy. Accordingly, this study emphasizes the necessity of a synergistic role between the state and e-commerce platforms in developing and implementing consumer protection policies oriented toward substantive justice and fraud prevention in the digital economy.
Proses Penyelesaian Diversi terhadap Anak yang Berkonflik dengan Hukum di Pengadilan Negeri Bukittinggi kelas IB
Efforts to protect children in conflict with the law constitute a concrete manifestation of the state’s responsibility in implementing the principles of restorative justice. This study aims to comprehensively examine the implementation process of diversion at the Pengadilan Negeri Bukittinggi and to assess the extent to which its application achieves the primary objective of the juvenile criminal justice system, namely restoring the child’s social condition without emphasizing retribution. This research employs an empirical juridical approach by combining literature review and field research through interviews with judges, court clerks, and other relevant parties. The findings indicate that the implementation of diversion at the Pengadilan Negeri Bukittinggi has been carried out in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The diversion process is conducted through deliberation involving the offender, the victim, their respective families, and supporting institutions under the guidance of a diversion facilitator. However, several challenges remain, including limited public understanding of the importance of restorative-based settlement, insufficient human resources with adequate competence in implementing diversion, and frequent failures in reaching agreements between offenders and victims. This study concludes that diversion in court proceedings is not merely a legal obligation but also an essential instrument in creating a more humane child-oriented justice system. Therefore, enhancing the competence of law enforcement officers and strengthening inter-agency coordination are necessary to support the sustainable success of diversion.
Pre-Admission Confirmation sebagai Instrumen Perlindungan Hukum Rumah Sakit dalam Skema Koordinasi Antar Penyelenggara Jaminan (KAPJ)
This study is motivated by the increasing complexity of financing coordination between the National Health Insurance (BPJS Kesehatan) and supplementary health insurance providers under the Coordination of Benefits (KAPJ) scheme, which creates potential claim disputes and administrative risks for hospitals. Although Minister of Health Decree No. HK.01.07/MENKES/1117/2025 regulates payment allocation and membership verification mechanisms, it does not explicitly recognize pre-admission confirmation as a preventive legal protection instrument. This research aims to analyze the normative position of pre-admission confirmation within the KAPJ framework, conceptualize it as a preventive legal protection mechanism, and formulate a proportional implementation model. The study employs a normative juridical method using statutory and conceptual approaches through literature review of relevant regulations and scholarly works. The findings indicate that pre-admission confirmation possesses implicit normative legitimacy through membership verification obligations and system integration requirements, and functions as a risk allocation mechanism that clarifies payment responsibilities prior to service delivery. Its implementation enhances legal certainty, reduces fraud potential, and minimizes claim disputes, provided that access to emergency medical services remains guaranteed.
Distorsi Penggunaan Doktrin Business Judgment Rules dalam Putusan Nomor 121k/Pid.Sus/2020
This study examines the distortion between civil and criminal perspectives in the legal considerations (ratio decidendi) of Judex Juris in Supreme Court Decision Number 121K/Pid.Sus/2020. The decision lacks substantial criminal law considerations regarding the alleged corruption offense. Instead, the legal reasoning focuses on the fault or negligence of company directors, particularly the exception under Article 97 of Law Number 40 of 2007 concerning Limited Liability Companies, which embodies the Business Judgment Rule doctrine. Furthermore, these considerations are distorted by tort (onrechtmatige daad) as regulated in Article 1365 of the Civil Code juncto Article 138 paragraph (1) letter b of the Company Law. This research employs a legislative approach by analyzing various legal instruments, including the 1945 Constitution, the Criminal Code, the Criminal Procedure Code, the Limited Liability Company Law, State-Owned Enterprises Law, Judicial Power Law, Supreme Court Law, and the Corruption Eradication Laws. A conceptual approach is also utilized to examine theoretical concepts concerning corporate crime, directors' liabilities, state losses, tort, negligence from criminal and civil perspectives, business judgment rules, collective collegiality principles, and formal-material classification of legislation. The data comprises primary legal materials (legislation and court decisions) and secondary legal materials (legal literature and scientific journals). Analysis is conducted qualitatively by interpreting legal principles and their relevance to the court's considerations in the decision.
Kebuntuan Pembentukan Lembaga Pelindungan Data Pribadi dan Implikasinya terhadap Efektivitas UU PDP di Indonesia
This article examines Indonesia’s public policy on personal data protection in light of Law No. 27/2022, which mandates the establishment of an independent Personal Data Protection Authority (PDP Authority). Despite this legal requirement (Article 58 UU PDP), no such institution has been formed. As a result, there is currently no supervisory authority with the mandate to audit compliance, impose administrative sanctions, or resolve data protection disputes. Enforcement of the law has thus remained reactive rather than preventive, with violations prosecuted only after harm occurs. Experts warn that without a strong implementing agency, deterrence is weak: administrative sanctions cannot be effectively applied and punished violations continue unchecked. Cybersecurity analysts even describe this gap as a national digital protection crisis, as personal data leaks (e.g. millions of citizens’ records exposed in recent breaches) continue unabated. Using a normative legal research approach and literature review, this study analyzes how the lack of the mandated PDP Authority undermines the effectiveness of data protection in Indonesia. The article reviews relevant legal theory on regulatory independence and deterrence, and compares with international best practices (e.g. EU/GDPR). We find that the absence of the agency creates serious implementation gaps, and we urge the government to immediately form the PDP Authority and clarify its powers.
Pelaksanaan Penyidikan dan Perlindungan Hukum dalam Tindak Pidana Perdagangan Orang yang Dilakukan oleh Anak di bawah Umur
This study aims to analyze the investigation process involving children as perpetrators of trafficking in persons at the Women and Children Protection Unit (PPA) of Bukittinggi Police Resort and to assess the forms of legal protection provided at each stage of the examination. This research applies an empirical juridical approach by combining literature review and field research through interviews with investigators and related parties. The findings indicate that the investigation process has been conducted in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, while upholding the principle of the best interests of the child. Legal protection is implemented through legal assistance, closed hearings, limited detention periods, and coordination with relevant institutions to support the child’s recovery and rehabilitation. However, several obstacles remain, including the limited number of investigators, restricted investigation timeframes, and difficulties in presenting witnesses. This study concludes that legal protection for children involved as perpetrators of trafficking in persons has been carried out in line with normative regulations, yet it requires strengthened institutional capacity and inter-agency coordination to ensure more effective implementation.
Analisa Hukum terhadap Pemegang Hak Cipta dalam Ganti Rugi Pembayaran Royalti
Copyright infringement in the music sector continues to be a significant issue in Indonesia, particularly when musical works are commercially used by business operators. Copyright law provides legal protection for creative works, including songs or music, by granting exclusive rights to control use and derive benefits from such creations. This research examines the legal analysis of copyright holders in compensation for royalty payments. The method used in this research is normative, supplemented by literature studies, including relevant regulations and previous research on song or music copyright. The research findings indicate that royalty payment is a legal obligation for every user of songs in commercial activities, and creators are entitled to such compensation. However, in the Mie Gacoan case in Bali, it is evident that the implementation of these provisions remains constrained due to weak legal understanding, supervision, and compliance, necessitating strengthened law enforcement and optimization of the role of collective management institutions.
Perlindungan Hukum bagi Pelaku Usaha terhadap Risiko Pengembalian Barang (Return) dalam Sistem Cash On Delivery Ditinjau dari Kitab Undang-Undang Hukum Perdata dan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen
The Cash on Delivery (COD) system is one of the payment methods frequently used in online buying and selling transactions, where consumers pay for ordered products upon receipt of the goods. Although it provides convenience, this system often causes problems, especially related to transaction cancellations by consumers after the delivery process has been carried out by business actors. This research examines how the regulation and allocation of risk for goods return in the COD system according to the Civil Code and the forms of legal protection provided to business actors against the risk of goods return in the COD system according to Law Number 8 of 1999 concerning Consumer Protection. The method used in this research is normative, supplemented by literature study results such as legislation. The results show that the Civil Code recognizes the concept of risk as a legal consequence related to the possibility of losses on the object of the agreement, and legal protection for business actors is divided into preventive legal protection and repressive legal protection.
Implikasi Perkembangan Teknologi Blockchain terhadap Keabsahan Alat Bukti Perkara Perdata
The rapid development of information technology has brought significant changes to various aspects of life, including business and law. One of the key innovations in this context is Blockchain technology. Blockchain has revolutionized information storage and exchange, particularly in the realm of Indonesian contract transactions. It is a decentralized technology that allows for transactions between two parties who do not trust each other, without the need for a third party. The data in Blockchain is stored across the entire network, ensuring that it cannot be altered by a single party without the agreement of the entire network. Furthermore, Blockchain enhances transparency and accountability in data management. This study employs a normative legal research method with a descriptive approach. The findings reveal that Blockchain technology has significant implications for the protection of personal data and the validity of evidence in civil cases. As the technology continues to evolve, its potential to transform legal transactions in Indonesia is undeniable.
Analisis Hukum Penyalahgunaan Keadaan (Misbruik van Omstandigheden) sebagai Suatu Bentuk Cacat Kehendak Ditinjau dari Hukum Perjanjian Indonesia
An agreement is a fundamental basis in civil law relations because it gives rise to rights and obligations for the parties who bind themselves. For an agreement to be valid, consent must arise from the free will of the parties without any defect of will as regulated in Articles 1320 and 1321 of the Indonesian Civil Code (KUHPerdata). In Indonesian legal practice, apart from classic defects of will such as coercion (dwang), mistake (dwaling), and fraud (bedrog), a modern form of defect of will has also developed, namely abuse of circumstances (misbruik van omstandigheden). Abuse of circumstances occurs when one party exploits the weak condition, dependency, or ignorance of the other party to obtain unfair advantage in an agreement. This research formulates the problems of how the concept of defect of will in abuse of circumstances is applied in the jurisprudence of Indonesian contract law and what are the legal consequences of abuse of circumstances in an agreement. The method used is normative legal research with a statutory approach and conceptual approach, as well as related legal literature. The conclusion of this research shows that abuse of circumstances is a modern form of defect of will recognized through doctrine and jurisprudence. The legal consequence is that the agreement can be annulled because the element of free consent is not fulfilled. This legal consequence provides protection for the aggrieved party and confirms that the principle of freedom of contract is not absolute, but is limited by good faith, propriety, and balance.
Kepastian Hukum Penerapan Asas Audi et Alteram Partem dalam Pemeriksaan Perkara Perdata Secara Elektronik (E-Court)
The digital transformation of Indonesia’s judicial system through the implementation of e-court represents a judicial reform aimed at achieving a simple, fast, and low-cost legal process. However, the digitization of civil case proceedings raises concerns regarding legal certainty, particularly in the application of the principle of audi et alteram partem as a fundamental doctrine ensuring equal opportunity for parties to be heard. This study aims to analyze the normative regulation of the audi et alteram partem principle in Indonesian civil procedural law, examine its implementation within the e-court system, and assess whether its application provides adequate legal certainty for litigants. The research employs a normative juridical method using statutory and conceptual approaches. Legal materials consist of statutory regulations, legal doctrines, and relevant academic journals. The findings indicate that normatively, the e-court system accommodates the right to be heard through electronic case registration, summons, hearings, and submission of documents. Nevertheless, technical obstacles, disparities in digital literacy, and potential deficiencies in electronic notification mechanisms may affect the effective protection of parties’ rights. It is concluded that the implementation of the audi et alteram partem principle in e-court has a sufficient legal foundation, yet requires further technical and regulatory strengthening to ensure optimal legal certainty.
Efektivitas Rehabilitasi Narkotika terhadap Pelaku Tindak Pidana Narkotika yang Mengulangi Perbuatannya
This study aims to analyze the effectiveness of narcotics rehabilitation for offenders who reoffend after undergoing rehabilitation, using a case study at the Bukittinggi Police Resort (Polresta Bukittinggi) and rehabilitation institutions. This research is motivated by the continued occurrence of narcotics offenders who relapse into criminal behavior despite having completed medical and social rehabilitation programs as mandated by Law Number 35 of 2009 concerning Narcotics. The research method used is empirical juridical with a qualitative approach through interviews, literature review, and case documentation. Primary data were obtained from investigators at Polresta Bukittinggi and rehabilitation institutions, while secondary data were obtained from laws and regulations as well as relevant literature. The results indicate that the investigation process leading to rehabilitation has been conducted in accordance with applicable procedures through assessment mechanisms by the Integrated Assessment Team (Tim Asesmen Terpadu). However, the effectiveness of rehabilitation in preventing recidivism remains suboptimal, as evidenced by offenders who return to narcotics abuse after completing rehabilitation programs. This suggests that rehabilitation programs require continuous supervision and more comprehensive approaches, including medical, psychological, and social aspects, to minimize the risk of relapse among former narcotics abusers.
Kedudukan Hukum Tangkapan Layar Percakapan Melalui Aplikasi WhatsApp sebagai Perluasan Alat Bukti Tulisan dalam Perkara Wanprestasi
Evidence is a fundamental element in the legal proof process that serves as the basis for judges to examine, assess, and decide cases in court. Along with the advancement of information technology, the form of evidence has evolved, including digital evidence such as screenshots of conversations through digital communication applications like WhatsApp. This study aims to analyze the legal position and evidentiary value of digital conversation screenshots within the Indonesian legal system. The research method uses a normative juridical approach by examining laws and regulations, legal doctrines, and relevant court decisions. The results indicate that screenshots of conversations have legal recognition as electronic evidence; however, their evidentiary strength is limited and requires support from other forms of evidence. Judges apply the principle of Unus Testis Nullus Testis, meaning that screenshots cannot stand alone as sole evidence and must be supported by additional legal proof to fulfill the requirements of valid, complete, and convincing legal evidence.
Collaborative Governance Dalam Perbaikan Infrastruktur Jalan di Kota Pekanbaru Provinsi Riau
This study investigates collaborative governance in road infrastructure repair in Pekanbaru City, Riau Province, driven by the urgent need to address the high number of damaged roads and the limitations of local government capabilities. Utilizing a qualitative method with a descriptive approach, data were gathered from interviews with five stakeholders, field observations, and supporting documents. The study applies collaborative governance theory by Emerson and Nabatchi to analyze road repair efforts in Pekanbaru, highlighting effective collaborative dynamics. Key findings reveal the establishment of a Coordination Team, role clarity, trust, and commitment among stakeholders as factors of success. Essential contributing elements include shared cooperation needs, consequential incentives, leadership support, and sufficient resources. However, challenges such as a volatile political climate, unequal information distribution, and power imbalances pose barriers to collaboration. Overall, the study concludes that collaborative governance in Pekanbaru's road infrastructure enhancement has yielded positive outcomes but calls for improvements in transparency, communication strategies, and the establishment of an integrated information system for effective progress monitoring. Additionally, independent oversight mechanisms are recommended to sustain equitable role distribution and responsibilities among all parties involved.