Jurnal Ilmiah Advokasi (JIAD) is a double-blind peer-reviewed academic journal published by Universitas Labuhanbatu, North Sumatera, Indonesia. The journal welcomes submissions from around the world and aims to strengthen the collaboration and networking among academics and researchers from various fields of law. Authors can share new insights and discoveries based on their research studies as well as critically discuss the implications of theories or past studies. Jurnal Ilmiah Advokasi (JIAD) is now indexed in Google Scholar, SINTA 4, GARUDA, CROSSREF, and DIMENSIONS. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Family Law Economic/Commercial Law; Medical Law; Traditional Law; Environmental Law Starting in 2024, Jurnal Ilmiah Advokasi (JIAD) is published four times in a year (March, July, September, and December). The journal aims to provide timely and regular publication of high-quality research in the relevant fields of study. slot online raja slot slot gacor judi bola Slot88 slot online slot gacor scatter hitam slot deposit 5000 Slot777 raja slot slot mahyong Slot777 raja slot slot deposit 5000 maincuan maincuan slot zeus STM88 slot resmi slot gacor malam ini slot maxwin slot thailand stm88 Slot Depo 10k Agen Bola sbobet88 sbobet slot gacor slot gacor raja slot togel hk live draw hk slot gacor stm88 stm88 stm88
All publications by Jurnal Ilmiah Advokasi [P-ISSN: 2337-7216] [E-ISSN: 2620-6625] is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License (CC BY - NC - SA 4.0)
IMPLIKASI AUDIT PASCA KLAIM BPJS KESEHATAN TERHADAP KERUGIAN RUMAH SAKIT DALAM PERSPEKTIF AKUNTABILITAS DAN PRINSIP KEADILAN (STUDI PADA RSU GRANDMED)
Post-claim audits conducted by BPJS Kesehatan serve as a supervisory mechanism to ensure accountability in the management of the National Health Insurance (JKN) funds. However, audit practices that result in claim corrections or deductions may cause financial losses to hospitals and raise concerns regarding procedural and distributive justice. This study aims to analyze the implications of post-claim audits on hospital financial losses from the perspective of accountability and the principles of justice at RSU Grandmed. This research employed a mixed-method approach with a cross-sectional design involving 97 respondents selected through purposive sampling. Quantitative data were analyzed using multiple linear regression, examining variables such as transparency of the claim process, auditor accountability, tariff adequacy, timeliness of payment, and allocation of claim funds. The findings indicate that, partially, transparency of the claim process, tariff adequacy, timeliness of payment, and allocation of claim funds significantly influence the hospital’s financial condition, while auditor accountability was not significant in the bivariate analysis. However, simultaneously all variables demonstrated a significant effect on hospital financial losses and financial sustainability (R² = 0.693). These findings demonstrate that post-claim audits are not merely administrative mechanisms but have direct implications for hospital financial stability. Therefore, audit mechanisms must be implemented in a transparent, consistent, objective, and justice-oriented manner to maintain a balance between public accountability and the sustainability of health service delivery. Keywords: Indonesia Health Social Security Agency; post-claim audit; accountability; principles of justice; hospital financial loss.
Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
PERLINDUNGAN HUKUM MITRA DRIVER SHOPEEFOOD DALAM PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN ATAS KERUGIAN AKIBAT KELALAIAN RESTORAN
This study examines the legal protection of ShopeeFood driver-partners who suffer losses due to customer complaints arising from restaurant negligence. In practice, drivers are often subjected to sanctions such as rating reductions, incentive deductions, and even partnership termination, despite the absence of fault on their part. This research aims to analyze the form of legal protection provided by the platform and to identify the legal remedies available for drivers to defend their rights. The study employs an empirical juridical method with a socio-legal approach, utilizing field surveys and literature review. The findings indicate that the existing legal protection remains largely formalistic and ineffective in practice, particularly due to inadequate complaint-handling and appeal mechanisms that fail to ensure fairness for drivers. This situation reflects an imbalance of power among the platform, restaurants, and driver-partners within the partnership framework. Therefore, it is necessary to strengthen partnership agreement clauses, enhance transparency in evaluation systems, and improve oversight of restaurant responsibilities to ensure more equitable and proportional legal protection. Keywords: Legal Protection; Driver-Partners; Customer Complaints; Fairness; Digital Platforms
PERLINDUNGAN HUKUM BAGI PENGGUNA JASA EKSPEDISI ATAS KEHILANGAN BARANG KIRIMAN: STUDI KASUS PADA PT. JNE
The loss of shipped goods in PT JNE’s delivery services causes financial harm to consumers and raises legal issues regarding the liability of service providers. This study aims to analyze the legal protection available to consumers against lost shipments and to examine the legal remedies that may be pursued. The research employs an empirical juridical method with a socio-legal approach, using primary data obtained through interviews with service users and related parties, as well as secondary data from statutory regulations and legal literature. The findings indicate that existing legal protection has not been effectively implemented, as reflected in cases where compensation is not optimally fulfilled. Several respondents reported that the claims process is often complex and lacks transparency, resulting in legal uncertainty for consumers. This condition demonstrates a gap between normative provisions under consumer protection law and their practical enforcement, and suggests potential breach of contract (wanprestasi) by the service provider. Dispute resolution may be pursued through non-litigation mechanisms, such as the Consumer Dispute Settlement Agency (BPSK), or through litigation in court. Therefore, strengthening supervision and law enforcement is essential to ensure consumer protection and enhance the accountability of delivery service providers. Keywords: legal protection; delivery services; PT JNE; compensation; breach of contract
KEKUATAN HUKUM PUTUSAN LEMBAGA ADAT DALAM PERKARA PERCERAIAN MENURUT MEKANISME HUKUM ADAT DAYAK BENUAQ
Perceraian merupakan hal yang harus dihindari dalam suatu perkawinan, namun karena adanya konflik dan perbedaan tujuan antara kedua pihak yang menjalankan rumah tangga sehingga seringkali perceraian menjadi pilihan. Dalam hal ini hukum adat Dayak Benuaq juga berusaha untuk mengakomodir hal tersebut dengan menyelenggarakan sidang adat untuk menyelesaikan perkara perceraian. Lembaga Adat yang dalam hal ini berwenang menyelenggarakan sidang adat juga berwenang mengeluarkan putusan berupa Surat Keterangan Cerai Adat yang kemudian menjadi bukti bahwa pasangan tersebut telah sah bercerai. Tujuan penulisan ini adalah untuk mengetahui bagaimana putusan yang dikeluarkan oleh Lembaga Adat dalam perkara perceraian menurut mekanisme hukum adat Dayak Benuaq, yang untuk menjawabnya menggunakan pendekatan sosiolegal dengan melakukan wawancara dengan berbagai pihak yang terkait serta tetap membutuhkan pendekatan doktrinal untuk mengkaji peraturan perundang-undangan yang terkait. Dengan adanya kekuatan hukum tersebut maka suatu putusan dapat mengikat kedua belah pihak yang bercerai serta mampu melindungi hak dan kewajiban masing-masing pihak.
CRIMINALIZATION OF COHABITATION UNDER INDONESIA’S 2023 CRIMINAL CODE: A COST-BENEFIT ANALYSIS PERSPECTIVE
Cohabitation, defined as unmarried couples living together, has recently been criminalized under Article 412 of Indonesia’s 2023 Criminal Code. This policy reflects the state’s intention to regulate moral conduct and protect social values within society. However, the criminalization of private conduct raises important questions regarding its effectiveness and efficiency, particularly when assessed through a law and economics perspective. This study aims to analyze the criminalization of cohabitation under the 2023 Criminal Code using a cost-benefit analysis framework and to examine its legal consequences within the broader legal system. The research employs a doctrinal legal method, supported by a conceptual approach grounded in law and economics theory. The findings indicate that, from a cost-benefit perspective, the criminalization of cohabitation offers potential benefits, including the protection of social norms, moral values, and the institution of family, as well as the prevention of related social problems. However, these benefits are accompanied by significant costs, such as increased burdens on the criminal justice system, higher state expenditures, and potential socio-economic repercussions. Furthermore, as an absolute complaint offense, the enforcement of Article 412 depends on reports from specific parties, which may limit its practical effectiveness. At the systemic level, this provision also risks creating legal disharmony with existing regulations, including marriage and child protection laws. In conclusion, the criminalization of cohabitation in Indonesia’s 2023 Criminal Code reflects a normative commitment to moral regulation but raises concerns regarding its efficiency and coherence within the broader legal framework. Keywords: Cost-Benefit Analysis; Cohabitation; Criminalization; Law and Economics; Indonesian Criminal Code
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN TINDAK PIDANA PERSETUBUHAN: STUDI KASUS PENANGANAN DI POLRES PASURUAN
Child victims of sexual intercourse crimes face not only physical harm but also severe and long-term psychological consequences. This study aims to analyze the forms of legal protection provided to child victims and to identify the obstacles and handling mechanisms in law enforcement practices, with a case study at the Pasuruan Regional Police (Polres Pasuruan). This research employs an empirical juridical method with statutory, case, and conceptual approaches. Data were collected through interviews, observations, and literature review. The findings indicate that legal protection at Polres Pasuruan has been implemented through both repressive and preventive measures. Repressive measures include the protection of victims’ identities, detention of perpetrators, provision of psychological assistance, and placement of victims in safe houses. Preventive efforts involve public outreach and education programs. However, several practical challenges remain, including the limited availability of professional support personnel, underreporting due to cultural stigma, and suboptimal inter-agency coordination in the victim recovery process. These findings highlight that the effectiveness of legal protection depends not only on normative frameworks but also on institutional capacity and socio-cultural sensitivity in handling such cases. This study contributes by proposing an integrated institutional approach and a victim-oriented framework to strengthen the protection of child victims within the criminal justice system. Keywords: Child Protection; Sexual Offense; Legal Protection; Victim-Oriented Approach; Pasuruan Police
PERLINDUNGAN HUKUM BAGI INVESTOR RITEL TERHADAP PRAKTIK INSIDER TRADING DI PASAR MODAL
Legal protection for retail investors in Indonesia’s capital market has become a critical issue, particularly in relation to insider trading practices that undermine market fairness and transparency. Insider trading creates information asymmetry, allowing certain parties to exploit material non-public information to gain unfair advantages, thereby disadvantaging retail investors and threatening market integrity. This study aims to analyze the legal protection framework for retail investors against insider trading within Indonesia’s capital market regulations. The research employs a normative juridical method with a statutory approach, supported by library research, focusing on Law No. 8 of 1995 on Capital Markets and Law No. 4 of 2023 on Financial Sector Development and Strengthening. The findings indicate that insider trading prohibitions are explicitly regulated under Articles 95, 96, 97, and 98 of the Capital Market Law, which aim to uphold principles of disclosure and fairness in securities transactions. However, the effectiveness of legal protection for retail investors remains limited due to challenges in law enforcement, supervision, and evidentiary processes. This study highlights the need to strengthen enforcement mechanisms, enhance transparency, and optimize the role of regulatory authorities in ensuring a fair and accountable capital market. From a theoretical perspective, this research contributes to the discourse on investor protection by emphasizing the role of information asymmetry in shaping regulatory responses to insider trading. Keywords: Capital Market, Insider Trading, Retail Investors, Legal Protection, Information Asymmetry
PEMUTUSAN LISTRIK SEPIHAK OLEH PT PLN BATAM DAN MEKANISME PENYELESAIAN SENGKETA KONSUMEN OLEH BPSK : Studi Putusan No. 016/PK /BPSK/X/2021
This research is motivated by the increasing number of disputes between consumers and public service providers, particularly regarding the unilateral action of PT PLN Batam to cut off electricity supply without following the proper Electricity Usage Control (P2TL) procedures. These actions often disregard consumers' basic rights to information and transparency, leading to harm for vulnerable consumer groups. The purpose of this research is to analyze the validity of electricity disconnection without notice and to examine the role and effectiveness of the Consumer Dispute Resolution Agency in providing legal protection and resolving disputes thru arbitration mechanisms. The research method used is normative juridical with a case study approach, a statutory approach, and a case approach. The research results indicate that the unilateral disconnection of electricity without a tiered calling procedure is an Unlawful Act because it violates the principle of decency and the legal obligations of business actors as regulated in the Consumer Protection Act and internal PLN regulations. Normatively, this research strengthens the position of the Consumer Protection Act as the legal umbrella underpinning the supremacy of consumer rights over sectoral regulations. However, systemic weaknesses were found in the Consumer Dispute Resolution Body, including a shortage of technical experts in electricity and dependence on general courts for enforcement, making the body's arbitration decisions vulnerable to legal challenges by businesses. Keywords: Arbitration; Unilateral Power Disconnection; Consumer Protection
ANALISIS YURIDIS TERHADAP PROSEDUR PENYELESAIAN DAN PERTIMBANGAN HUKUM BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) DALAM SENGKETA PROPERTI: Studi Putusan BPSK Kota Batam Nomor 001/PK-ARB/BPSK/I/2021
Consumer disputes in the property sector often arise from discrepancies between building specifications and the terms outlined in the agreement, leading to potential losses for consumers. This research aims to analyze the dispute resolution procedure thru arbitration mechanisms at the Consumer Dispute Resolution Agency (BPSK) of Batam City and to examine the legal basis for the decision in BPSK Decision Number 001/PK-ARB/BPSK/I/2021, which resulted in the rejection of the consumer's lawsuit. The research method used is normative juridical with a case approach and a statute approach, utilizing a study of decision documents and relevant legal literature. The research results indicate that the dispute resolution procedures at BPSK have been implemented in accordance with the provisions of Law Number 8 of 1999 concerning Consumer Protection, with simple, fast, and efficient resolution stages. The legal considerations of the BPSK panel focused on the interpretation of the "red brick or equivalent" clause in the contract, the validity of the building permit, and the laboratory test results proving the conformity of the building material specifications. Based on these considerations, the panel decided to dismiss the consumer lawsuit. This decision also underscores the importance of legal certainty, procedural effectiveness, and a balance of legal protection for both consumers and businesses. Keywords: Arbitration; BPSK; Consumer Protection
POLITIK HUKUM PEMBATASAN IMPOR BBM NON-SUBSIDI DAN IMPLIKASINYA TERHADAP KEADILAN PERSAINGAN USAHA SWASTA
This study examines the legal politics behind the Indonesian government’s policy on restricting the importation of non-subsidized fuel (BBM) and its implications for the operations of private business entities from a competition law perspective. The background of this research arises from Indonesia’s increasing dependence on imported fuel, which poses risks to the trade balance and national energy security. To address this, the government issued Circular Letter of the Ministry of Energy and Mineral Resources No. T-19/MG.05/WM.M/2025, limiting private import quotas to a maximum of 10% of the previous year’s sales volume. The study focuses on two main issues: first, how the government’s legal politics shape the formulation of this policy, and second, how the policy impacts private bus The increase in the market share of non-subsidized gasoline (from 11% in 2024 to 15% in mid-2025) and the large imports of refined petroleum products (up to 27.7 million tonnes) prompted the government to issue ESDM Circular Letter No. T-19/MG.05/WM.M/2025 to restrict imports of non-subsidized fuel and designate Pertamina as the single entry point. Tensions have arisen between the objectives of energy security and the principles of fair competition. This study aims to examine the legal-policy direction behind the formulation of the restriction on non-subsidized fuel imports and its implications for the operations of private business entities from the competition law perspective. The research method employed is normative legal research, using statutory and legal-policy approaches based on secondary data. The findings indicate that the policy reflects a state-control orientation that strengthens the role of the state-owned enterprise (Pertamina) as supply controller; quota restrictions and mandatory purchase obligations reduce the flexibility of independent importers, increase logistics costs, constrain product innovation, and have the potential to create barriers to entry and reinforce dominant positions that risk conflicting with Law No. 5/1999. The KPPU (Regulation No. 4/2023) functions as a check-and-balance mechanism. The findings underscore the need to calibrate policy so that state intervention remains proportional—preserving energy security without sacrificing the level playing field. This study provides normative input for policymakers, regulators (KPPU, ESDM), and market actors in drafting energy regulations that balance state control with healthy competition. Keywords: Legal Politics, Public Policy, Business Competition.
TRANSFORMASI PENGATURAN TINDAK PIDANA PERZINAAN DALAM PERSPEKTIF PEMBARUAN HUKUM PIDANA INDONESIA
This article examines the implications of the revised Indonesian Criminal Code (Law No. 1/2023) on privacy rights and legal certainty. Using normative legal research and doctrinal analysis of statutory texts, regional regulations, and relevant court decisions, the study finds that recasting zina as a complaint-based offense and retaining vague statutory language narrows the scope of criminalization while simultaneously increasing the risk of privacy intrusions and legal uncertainty. Divergences between national provisions and customary norms across several regions further create opportunities for inconsistent interpretation and discriminatory application. These findings directly address the study objective by showing how both substantive and procedural changes affect the two focal dimensions. The study underscores the need for harmonization of legal norms and stronger safeguards for individual rights. Keywords: Adultery; Customary Law; National Law; Criminal Law Reform
PENEGAKAN HUKUM TERHADAP PEREDARAN ROKOK ILEGAL BERPITA CUKAI PALSU: PROBLEMATIKA DAN TANTANGAN DI SAMARINDA
The circulation of illegal cigarettes with counterfeit excise stamps constitutes a serious violation in the excise sector, causing significant losses to state revenue and creating unfair competition within the tobacco industry. While previous studies have predominantly focused on illicit cigarettes without excise stamps, limited attention has been given to cases involving counterfeit excise stamps, highlighting the need for further examination. This study aims to analyze law enforcement against the circulation of illegal cigarettes with counterfeit excise stamps and to identify the challenges and obstacles encountered in practice in Samarinda. The research employs an empirical approach using a socio-legal method, with data collected through interviews, observations, and literature review. The findings reveal that law enforcement efforts against illegal cigarettes with counterfeit excise stamps in Samarinda remain ineffective. This is influenced by several factors, including regulatory weaknesses, limited capacity of law enforcement agencies, inadequate facilities, and low public legal awareness. As a result, the circulation of illegal cigarettes continues to persist. This study highlights the need to strengthen inter-agency coordination, enhance the capacity of law enforcement authorities, and optimize monitoring mechanisms to effectively combat illegal cigarette distribution and ensure legal certainty in the excise sector. Keywords: Law Enforcement, Illegal Cigarettes, Counterfeit Excise Stamps, Excise Law
PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM PELANGGARAN REKLAMASI TAMBANG BATUBARA: PROBLEMATIKA DAN IMPLIKASINYA TERHADAP KERUSAKAN JALAN
Coal mining activities in Indonesia are legally required to conduct post-mining reclamation as part of environmental and social responsibility. However, in practice, violations of reclamation obligations remain prevalent, leading to damage to public infrastructure, including roads affected by unreclaimed mining pits. This study aims to analyze corporate criminal liability in violations of coal mine reclamation obligations and their implications for road damage. The research employs an empirical approach using a socio-legal method, with purposive sampling to select informants, and data collection conducted through interviews, observations, and literature review. The findings indicate that corporate entities have failed to fulfill their reclamation obligations, resulting in direct impacts on public road infrastructure. Furthermore, significant challenges in law enforcement were identified, including weak supervision by mining inspectors and the lack of firm action by law enforcement authorities. These conditions demonstrate that corporate criminal liability has not been effectively enforced in practice. This study highlights the necessity of strengthening regulatory oversight, enforcing stricter legal measures, and ensuring the effective implementation of corporate criminal liability to prevent environmental degradation and infrastructure damage caused by mining activities. From a theoretical perspective, this research contributes to the development of corporate criminal liability discourse in environmental law by emphasizing the linkage between regulatory compliance and public infrastructure protection. Keywords: Coal Mining, Corporate Criminal Liability, Reclamation, Road Damage, Law Enforcement
RESIDIVISME ANAK PELAKU TINDAK PIDANA: ANALISIS KRIMINOLOGIS DAN FAKTOR PENYEBAB DI LPKA TENGGARONG
Juvenile recidivism represents a significant criminological issue, reflecting the limited effectiveness of rehabilitation within the juvenile justice system. The return of child offenders to correctional institutions indicates the presence of underlying factors that contribute to reoffending, as well as gaps in the current rehabilitation approach. This study aims to analyze the criminological factors influencing juvenile recidivism and to evaluate the rehabilitation programs implemented at the Class II Juvenile Correctional Institution (LPKA) in Tenggarong. The research employs a socio-legal approach, combining empirical data obtained through interviews with secondary data derived from statutory regulations, academic literature, and relevant studies. The findings reveal that juvenile recidivism is influenced by multiple factors, including social environment, prisonization effects, social media exposure, economic conditions, low educational attainment, and inadequate supervision. Although the institution has implemented various rehabilitation programs—such as personality development, religious guidance, legal awareness, intellectual training, and vocational skills—these efforts have not been fully effective in preventing reoffending. This study highlights the need for a more integrative and sustainable rehabilitation model that involves family support, community participation, and post-release supervision to reduce juvenile recidivism. From a criminological perspective, this research contributes to understanding the interplay between institutional rehabilitation and social factors in shaping recidivist behavior among juveniles. Keywords: Juvenile Recidivism, Criminology, Juvenile Correctional Institution, Rehabilitation
PERLINDUNGAN HUKUM MASYARAKAT ADAT DALAM SENGKETA BATAS TANAH: EVALUASI IMPLEMENTASI PP NO. 24 TAHUN 1997 DI DESA LANGGUR
Land boundary disputes among indigenous communities frequently occur, particularly on unregistered land, leading to legal uncertainty. One such case arises in Langgur Village, Kei Kecil District, Southeast Maluku Regency, where land boundary conflicts involve the interaction between state law and customary law. This study aims to evaluate the implementation of Government Regulation No. 24 of 1997 on Land Registration in providing legal protection for indigenous communities, as well as to analyze the role of Larvul Ngabal customary law in resolving land boundary disputes in Langgur Village. The research employs an empirical socio-legal approach, with data collected through interviews, observations, and literature review. The findings reveal that legal protection for indigenous communities has not been fully effective, particularly in terms of land registration, which remains limited in practice. Legal protection mechanisms include both preventive and repressive measures; however, their implementation faces structural and cultural challenges. Meanwhile, Larvul Ngabal customary law plays a significant role in dispute resolution through mediation and consensus led by traditional authorities, which is more socially accepted within the community. This study highlights the gap between state law and customary law, emphasizing the need for an integrative approach that accommodates local values within the land registration system to ensure legal certainty and justice for indigenous communities. Keywords: Legal Protection, Indigenous Communities, Land Boundary Disputes, Customary Law, Land Registration
KEPASTIAN HUKUM PEMEGANG POLIS DALAM RENCANA PENYEHATAN KEUANGAN AJB BUMIPUTERA 1912: PROBLEMATIKA DAN PERLINDUNGAN HUKUM
Insurance functions as a risk management instrument that provides legal protection and certainty of rights for policyholders. However, in practice, the implementation of the Financial Recovery Plan (Rencana Penyehatan Keuangan/RPK) at AJB Bumiputera 1912 raises significant legal issues concerning the fulfillment of policyholders’ rights, particularly through the Policy Benefit Reduction (Penurunan Nilai Manfaat/PNM) scheme, which potentially disadvantages policyholders. This study aims to analyze the legal certainty of policyholders within the implementation of the RPK and to examine the available forms of legal protection. The research employs a normative juridical (doctrinal) method using statutory and conceptual approaches, supported by theories of legal certainty, insurance contracts, and risk transfer. The findings indicate that the implementation of the RPK has not provided adequate legal certainty for policyholders, as reflected in the suboptimal realization of the company’s financial obligations and the gap between projected and actual debt settlement outcomes. Furthermore, the application of the PNM scheme has created legal complications, particularly for policyholders who reject the scheme, resulting in the loss of membership status and limited participation in governance mechanisms, such as the election of the Policyholders’ Representative Body (BPA). This study highlights the existence of significant legal protection gaps for policyholders, emphasizing the need for stronger regulatory frameworks, more effective supervision, and dispute resolution mechanisms that ensure fairness and legal certainty within the insurance sector. Keywords: Legal Certainty, Policyholders, Mutual Insurance, Financial Recovery Plan
AKIBAT HUKUM KELALAIAN NOTARIS DALAM PEMBUATAN AKTA PPJB: ANALISIS PADA PROSES PERALIHAN HAK MILIK
Notarial negligence in drafting a Sale and Purchase Binding Agreement (Perjanjian Pengikatan Jual Beli/PPJB) may lead to significant legal consequences, particularly in the process of transferring ownership rights that do not comply with legal requirements. This study aims to analyze the legal consequences of notarial negligence in the preparation of PPJB, with a case study of Court Decision No. 289/Pdt.G/2023/PN Jkt Brt. This research employs a normative juridical (doctrinal) method using statutory and case approaches, analyzed qualitatively based on applicable legal provisions and judicial reasoning. The findings indicate that the notary committed negligence by drafting a PPJB without a valid prior transfer of rights, which constitutes a violation of the Notary Office Law. Such action fails to fulfill the essential validity requirements of a contract, particularly regarding the certainty of the object. Consequently, the PPJB lacks legal validity and may result in legal uncertainty and potential losses for the parties involved. This study underscores the importance of the notary’s duty of care in exercising professional authority, as well as the need for stricter supervision to ensure legal certainty and protection in the transfer of ownership rights. Keywords: Notarial Negligence, PPJB, Legal Consequences, Transfer of Ownership Rights
PENIPUAN DALAM REKRUTMEN CALON BINTARA TNI AD: ANALISIS VIKTIMOLOGIS DAN PERLINDUNGAN KORBAN
Fraud in the recruitment of prospective Indonesian Army (TNI AD) non-commissioned officers (Bintara), particularly through schemes promising guaranteed acceptance, has caused significant material and immaterial losses for victims. Beyond financial losses, victims often experience psychological impacts, including emotional distress, disappointment, and diminished self-confidence. This study aims to analyze such fraudulent practices from a victimological perspective and to examine the forms of legal protection available for victims. The research employs a socio-legal approach with qualitative methods, utilizing in-depth interviews with victims and supported by normative analysis of relevant legal frameworks. The findings reveal that victimological factors play a significant role in the occurrence of fraud, including high levels of trust in perpetrators, social pressure due to intense recruitment competition, and limited understanding of official recruitment procedures. In terms of victim protection, preventive and corrective measures are necessary, particularly through the reform of recruitment systems to ensure transparency, accountability, and the use of technology, alongside improving public legal awareness. This study underscores the importance of a victimological approach in understanding victim vulnerability and highlights the need to strengthen legal protection mechanisms to prevent fraud in military recruitment processes. Keywords: Fraud, Victimology, Victim Protection, Military Recruitment, TNI AD
PERLINDUNGAN HAK REPRODUKSI ISTRI ATAS PEMBATASAN KEMAMPUAN SUAMI YANG DIKENAI PIDANA KEBIRI KIMIA: KAJIAN HUKUM KELUARGA DAN HAM
This study aims to examine two main issues: first, whether the imposition of chemical castration as a criminal sanction is consistent with the objectives and principles of sentencing in Indonesia; and second, how the right of a spouse to have offspring is protected when the husband is subjected to chemical castration, from a human rights perspective. This research employs a doctrinal legal approach, using primary legal materials including the Indonesian Penal Code, Law No. 39 of 1999 on Human Rights, and Law No. 17 of 2016 concerning amendments to child protection regulations. The right to have offspring is understood as part of fundamental human rights related to family life, reproductive autonomy, and human dignity, as recognized under national law and international human rights instruments, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). This study finds that chemical castration, although intended to deter sexual offenses, raises significant human rights concerns. These concerns do not solely arise from the issue of permanent infertility, but rather from the restriction of the biological functions of the convicted individual, the limitation of the spouse’s reproductive rights within marriage, and the potential violation of the principle of human dignity. Furthermore, from a normative legal perspective, the policy raises questions regarding its compatibility with the goals of sentencing, particularly in relation to proportionality and respect for fundamental rights. Accordingly, the protection of the spouse’s right to have offspring must be ensured through a human rights-based approach, both within national legal frameworks and international legal standards, emphasizing the need for a more balanced and rights-respecting criminal policy. Keywords: Chemical Castration, Human Rights, Reproductive Rights, Legal Protection
PERTANGGUNGJAWABAN HUKUM ATAS PENOLAKAN KLAIM ASURANSI OLEH PT ASURANSI JIWA GENERALI INDONESIA: ANALISIS PUTUSAN NOMOR 149/Pdt.G/2024/PN Medan
This study examines Decision Number 149/Pdt.G/2024/PN Medan concerning a dispute over the rejection of a life insurance claim and its implications for legal protection of policyholders in Indonesia. The research employs a normative juridical method through doctrinal analysis of court decisions, using statutory, conceptual, and case approaches. The statutory approach refers to Law No. 40 of 2014 on Insurance and the Consumer Protection Law, while the conceptual approach is grounded in the principles of pacta sunt servanda and legal protection theory. The findings reveal that the insurer rejected the claim on the grounds of alleged misrepresentation of the insured’s health condition. However, the court found that such grounds were not supported by sufficient evidence and failed to meet the principle of good faith. Consequently, the rejection was deemed a breach of contract that harmed the policyholder. The decision reaffirms that insurance companies bear contractual obligations that must be performed in accordance with legal certainty and consumer protection principles. Furthermore, the ruling reinforces both preventive and repressive legal protection frameworks, as articulated by Philipus M. Hadjon, and highlights the role of the Financial Services Authority (OJK) and the Financial Services Sector Alternative Dispute Resolution Institution (LAPS SJK) in resolving insurance disputes. From a theoretical perspective, this study contributes to the development of insurance law by clarifying standards of proof in claim rejection and strengthening the application of the good faith principle in insurance contracts. This study recommends strengthening regulatory frameworks on policy transparency, optimizing alternative dispute resolution mechanisms, and accelerating the establishment of a Policy Guarantee Institution to enhance legal certainty and protection for life insurance policyholders in Indonesia. Keywords: Life Insurance, Legal Protection, Claim Dispute, Breach of Contract, Good Faith Principle
ANALISIS YURIDIS PENYELESAIAN SENGKETA ROYALTI MUSIK MELALUI MEKANISME NON-LITIGASI (STUDI KASUS MIE GACOAN DI INDONESIA)
This study aims to analyze the settlement of music royalty disputes in Indonesia with particular emphasis on non-litigation mechanisms, especially in cases involving the restaurant chain Mie Gacoan. Disputes concerning music royalties have increased in line with the growing commercial use of musical works without authorization or adequate payment to copyright holders. This research employs a normative juridical method with statutory, conceptual, and case-based approaches. The theoretical framework is grounded in the Theory of Legal Protection, the Theory of Justice, and the Theory of Legal Certainty. The findings indicate that dispute settlement through non-litigation mechanisms, such as mediation and negotiation facilitated by Collective Management Organizations (LMK) and the National Collective Management Organization (LMKN), in practice accelerates resolution without the need for judicial adjudication. One of the study’s observations shows that mediation processes conducted by LMKN in several similar cases including cases with patterns comparable to the Mie Gacoan dispute successfully reached royalty payment agreements in a shorter time than litigation, while simultaneously reducing dispute costs and preserving business relations between the parties. In the Mie Gacoan case, the dispute arose from the use of music within the commercial area of the restaurant chain without authorization from the copyright holders. The dispute was subsequently reported to LMKN and resolved through non-litigation procedures in the form of negotiation and mediation, which resulted in an agreement on royalty payment without recourse to judicial proceedings. This case study demonstrates that non-litigation mechanisms function as a strategic instrument for enforcing justice and legal protection for creators, while at the same time providing legal certainty for business operators. Keywords: Copyright, Music Royalty, Dispute, Non-Litigation
TANGGUNG JAWAB HUKUM PELAKU USAHA ATAS PEMBERIAN KOMPENSASI KERUGIAN KONSUMEN DALAM LAYANAN OPEN TRIP OLEH SAHABAT RATU TOUR AND TRAVEL DI SURABAYA
Open Trip, as an innovation in the tourism industry, offers convenience for travelers but also creates potential disputes due to discrepancies between services provided and contractual agreements. This study aims to analyze the implementation of consumer compensation mechanisms in Open Trip services organized by Sahabat Ratu Tour and Travel in Surabaya. This research employs an empirical juridical method with a descriptive-prescriptive approach, as well as structural and conflict approaches. Data were collected through questionnaires distributed to consumers, interviews with service providers, and literature review of the Indonesian Civil Code, Consumer Protection Law, and Tourism Law. The findings indicate that, normatively, consumers are entitled to compensation for losses as stipulated under the Consumer Protection Law and the Tourism Law. However, in practice, the implementation of compensation remains suboptimal. This is reflected in the ineffective enforcement of business liability mechanisms, the weak bargaining position of consumers in standard form contracts, and the limited supervision of third-party involvement. In addition, low legal awareness and the tendency of consumers to refrain from pursuing legal remedies further hinder the realization of compensation rights. This study highlights that the application of the principles of liability and good faith in contractual relationships is essential to strengthening consumer protection. Therefore, it is necessary to reinforce legal mechanisms for compensation, enhance regulatory supervision, and improve consumer legal awareness in order to establish a more effective and equitable protection system within the tourism industry. Keywords: Consumer Protection; Compensation; Open Trip; Tourism
ANALISIS IMPLEMENTASI DISIPLIN PNS SEBAGAI INSTRUMEN MANAJEMEN PNS DI PTUN SURABAYA
Civil servants (PNS) are state apparatuses who play a strategic role in the implementation of public services, including supporting judicial functions at the Surabaya Administrative Court (PTUN Surabaya). In this context, the enforcement of civil servant discipline serves as a crucial instrument in realizing effective, professional, and accountable human resource management. This study aims to analyze the implementation of civil servant discipline in supporting personnel management at PTUN Surabaya, as well as to identify the supporting and inhibiting factors. This research employs an empirical juridical method with a qualitative approach, where data are collected through observation and interviews and analyzed using a descriptive-analytical framework. The findings indicate that the implementation of civil servant discipline at PTUN Surabaya has been relatively effective, as reflected in internal policies and work programs developed by the Subdivision of Personnel, Organization, and Governance. These programs include attendance monitoring, performance supervision, and the strengthening of a discipline-based work culture. However, this study also identifies several challenges in implementation, such as the lack of continuous supervision and variations in compliance levels among employees. The main contribution of this research lies in identifying an effective discipline implementation model based on internal work programs that enhance the quality of personnel management, while also emphasizing the importance of strengthening supervision and consistent capacity-building measures. Therefore, civil servant discipline functions not only as a control mechanism but also as a fundamental pillar in building professional and integrity-based personnel management within PTUN Surabaya. Keywords: Civil Service, Civil Servants, Discipline, Personnel Management, Administrative Court
ANALISIS HUKUM PERTANGGUNGJAWABAN PEMBERIAN GANTI KERUGIAN KONSUMEN AKIBAT PEMBATALAN SEPIHAK FOSFEN MUSIC FESTIVAL 2022
The increasing number of music festivals in Indonesia presents challenges in consumer protection. This study aims to analyze liability for compensation due to the unilateral cancellation of the Fosfen Music Festival 2022 and to identify obstacles in its implementation. The research employs an empirical juridical method with a qualitative approach through interviews with affected consumers and analysis of legal documents, including the Civil Code and Consumer Protection Law. The findings reveal that the organizer’s breach of contract was caused by poor financial management and lack of transparency, while consumers faced barriers such as low legal awareness, high costs, and small claim values. Moreover, existing legal mechanisms, both litigation and non-litigation, have not been effective in ensuring refund certainty. This study highlights the weak implementation of consumer protection in mass entertainment events and underscores the need for stronger regulation, government oversight, and risk management by event organizers. Keywords: Default, Consumer Protection, Compensation, Music Festival
KEPASTIAN HUKUM DAN PERLINDUNGAN HAK PEMILIK TANAH DALAM PEMBATALAN AKTA JUAL BELI OLEH PENGADILAN
The annulment of a Sale and Purchase Deed (Akta Jual Beli/AJB) by the court, despite being executed in accordance with legal procedures, creates legal uncertainty for good-faith purchasers in land transactions. This study aims to analyze the application of the principle of legal certainty in Decision Number 31/Pdt.G/2024/PN Bangil and to examine the forms of legal protection available for good-faith buyers. The novelty of this research lies in its analysis of the judiciary’s tendency toward formalistic reasoning in assessing the validity of AJBs, which consequently weakens substantive legal protection for purchasers acting in good faith. This study employs a normative legal research method using statutory, conceptual, and case approaches through qualitative-prescriptive analysis of primary, secondary, and tertiary legal materials. The findings reveal that the panel of judges placed greater emphasis on formal aspects, particularly the delay in the land title transfer registration process, rather than protecting purchasers who had fulfilled the legal requirements of a valid transaction in good faith. This condition demonstrates that the application of substantive legal certainty in land dispute resolution remains inadequate. Legal protection for good-faith purchasers can be strengthened through the optimization of the Land Deed Official’s (PPAT) role, timely land registration obligations, and the availability of repressive legal remedies such as appeals, cassation, judicial review, and derden verzet. This study underscores the importance of reconstructing legal protection for good-faith purchasers in order to achieve a balance between formal legal certainty and substantive legal certainty, while also serving as a reference for the development of land law policies and technical guidelines for judges and PPAT officials. Keywords: Legal Certainty; Legal Protection; Good-Faith Purchaser; Sale and Purchase Deed.