JURNAL ILMIAH ADVOKASI
type: channel
description: 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
publisher: Universitas Labuhanbatu
language: en-US
publication name: JURNAL ILMIAH ADVOKASI
issn: 2337-7216
copyright: 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)
items: BATAS PEMIDANAAN EKSPRESI SIMBOLIK SEBAGAI TINDAK PIDANA MAKAR: KAJIAN YURIDIS SERTA ANALISIS DALAM PERSPEKTIF SOBURAL
items: SANTET DALAM KUHP BARU: ANALISIS KRIMINALISASI TERHADAP PELAKU YANG MENYATAKAN DIRINYA MEMPUNYAI KEKUATAN GAIB PADA PASAL 252 UNDANG-UNDANG NOMOR 1 TAHUN 2023
items: A JURIDICAL-NORMATIVE INQUIRY INTO THE PROCEDURAL FRAMEWORK OF LEGAL PROTECTION FOR THE POOR TO ACCESS HEALTHCARE IN INDONESIA
items: KEBIJAKAN HUKUM PENGELOLAAN TANAH EKS HAK GUNA USAHA (HGU): STUDI EMPIRIS KONFLIK AGRARIA DI PT BSP
items: ANALISIS PERBEDAAN RATIO DECIDENDI HAKIM DALAM PUTUSAN PERSETUBUHAN SUKA SAMA SUKA OLEH ANAK DI INDONESIA
items: PERLINDUNGAN HUKUM KONSUMEN ATAS PENJUALAN ALBUM KPOP PALSU DI E-COMMERCE
items: INDIKASI KEDARURATAN MEDIS DALAM TINDAK PIDANA ABORSI OLEH TENAGA MEDIS: ANALISIS PUTUSAN NOMOR 36/PID.SUS/2024/PN DPS
items: LEGAL LIABILITY OF THE SCHOOL OPERATIONAL ASSISTANCE TEAM IN GOODS AND SERVICES PROCUREMENT THROUGH SIPLAH: DEFAULT AND DISPUTE RESOLUTION PERSPECTIVE
items: PENEGAKAN HUKUM TINDAK PIDANA PERIKANAN DI PERAIRAN SUMATERA SELATAN: ANALISIS HAMBATAN DAN STRATEGI PENGUATAN PENYIDIKAN DITPOLAIRUD
items: ANALISIS YURIDIS PERTIMBANGAN HAKIM IZIN POLIGAMI DAN HARTA BERSAMA (Studi Kasus Perkara Putusan Nomor 2/PDT.G/2025/PA.BBU)
items: PENEGAKAN HUKUM TINDAK PIDANA NARKOTIKA OLEH KEPOLISIAN DAERAH LAMPUNG: ANALISIS HAMBATAN DAN STRATEGI PENGUATAN PENYIDIKAN
items: IMPLEMENTASI PERLINDUNGAN KORBAN KEKERASAN DALAM RUMAH TANGGA MELALUI KEADILAN RESTORATIF DI KEPOLISIAN DAERAH JAWA TIMUR
items: PERLINDUNGAN HUKUM INVESTOR ASET KRIPTO DI INDONESIA TERHADAP PRAKTIK MANIPULASI PASAR
items: POLITIK HUKUM DALAM TRANSISI KEKUASAAN: DEMOKRATISASI PEMBANGUNAN HUKUM DARI ERA JOKOWI MENUJU PRABOWO
items: IMPLEMENTASI PENUNTUTAN TERHADAP PENGEDAR SEDIAAN FARMASI ILEGAL BERDASARKAN UNDANG-UNDANG KESEHATAN DI KEJAKSAAN NEGERI TUBAN
items: PERDAGANGAN KARBON SEBAGAI INSTRUMEN ADVOKASI KEADILAN SOSIAL: TINJAUAN TERHADAP PERLINDUNGAN DAN PEMBERDAYAAN MASYARAKAT LOKAL DALAM KERANGKA PEMBANGUNAN BERKELANJUTAN
items: PERLINDUNGAN HAK MASYARAKAT HUKUM ADAT ATAS TANAH ADAT: STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 47 PK/PDT/2021
items: PERBANDINGAN PEMBUKTIAN ACTUS REUS DAN MENS REA PADA TINDAKAN PERCOBAAN PERANTARA DALAM TRANSAKSI NARKOTIKA GOLONGAN 1
items: KEPASTIAN HUKUM PENGATURAN ASET KRIPTO DI INDONESIA DAN IMPLIKASINYA TERHADAP PERLINDUNGAN KONSUMEN
items: LAW ENFORCEMENT AGAINST DESTRUCTIVE FISHING IN INDONESIA: JUDICIAL REASONING AND ECOLOGICAL JUSTICE IN JUDGMENT No. 152/Pid.Sus-LH/2025/PN.Pya
items: PELAKSANAAN RESTITUSI BAGI KORBAN TINDAK PIDANA PENIPUAN INVESTASI DENGAN SKEMA ROBOT TRADING: STUDI KASUS DI LEMBAGA PERLINDUNGAN SAKSI DAN KORBAN (LPSK)
items: INTERNAL TRANSPARENCY OF POLITICAL PARTIES UNDER INDONESIAN POLITICAL PARTY LAW: A RULE OF LAW PERSPECTIVE ON LAW NUMBER 2 OF 2011
items: TANGGUNG JAWAB HUKUM INTERMEDIARY DALAM MODERASI KONTEN DIGITAL DI INDONESIA: ANALISIS NORMATIF TERHADAP KEPASTIAN HUKUM, AKUNTABILITAS, DAN PERLINDUNGAN HAK DIGITAL
items: REFORMASI KITAB UNDANG-UNDANG HUKUM PIDANA DALAM PENANGGULANGAN TINDAK PERUNDUNGAN DI INDONESIA
items: REKONSTRUKSI FUNGSI PENGAWASAN SYAHBANDAR TERHADAP PRAKTIK SHIP-TO-SHIP TRANSFER (STS) ILEGAL DALAM PENGANGKUTAN BBM BERSUBSIDI: ANALISIS NORMATIF ATAS KESENJANGAN PENGATURAN HUKUM
items: IMPLEMENTASI DAN TANTANGAN PEMENUHAN HAK KHUSUS NARAPIDANA LANJUT USIA BERDASARKAN UU NO. 22 TAHUN 2022 TENTANG PEMASYARAKATAN
items: KEPASTIAN HUKUM SURAT PERINTAH PENGHENTIAN PENYELIDIKAN (SP2LIDIK) PASCA GELAR PERKARA KHUSUS: ANALISIS NORMATIF TERHADAP FINALITAS DAN PERLINDUNGAN HUKUM
items: PENGUATAN KAPASITAS LEGISLASI DPRD MELALUI EKSISTENSI TENAGA AHLI DALAM KERANGKA OTONOMI DAERAH
items: IMPLEMENTASI PENGADAAN BARANG/JASA BERBASIS GOOD GOVERNANCE DI SEKRETARIAT DPRD KABUPATEN SIMALUNGUN: ANALISIS KENDALA DAN UPAYA PENGUATAN TATA KELOLA
items: PERLINDUNGAN HUKUM PEMEGANG POLIS KRESNA LIFE DALAM PERSPEKTIF HUKUM ASURANSI PASCA PUTUSAN MAHKAMAH AGUNG NOMOR 140/K/TUN/2025
items: STATUS HUKUM DATA MEDIK SEBAGAI KEKAYAAN INTELEKTUAL: MODEL BARU PERLINDUNGAN DATA MEDIS MILIK PASIEN SEBAGAI KARYA INTELEKTUAL

BATAS PEMIDANAAN EKSPRESI SIMBOLIK SEBAGAI TINDAK PIDANA MAKAR: KAJIAN YURIDIS SERTA ANALISIS DALAM PERSPEKTIF SOBURAL
type: item
description: The phenomenon of symbolic expression has generated legal debate concerning the boundary between freedom of expression and the criminal offense of treason (makar) in Indonesian criminal law. This study aims to analyze the threshold of criminal liability for symbolic expression and the application of the SOBURAL Approach (Social–Cultural–Structural) as a contextual framework. This study employs a normative juridical method with statutory, conceptual, and comparative approaches. The findings indicate that the former Criminal Code (Wetboek van Strafrecht) focuses on “commencement of execution” as the threshold of criminal liability, whereas the Indonesian National Criminal Code (Law No. 1 of 2023) expands this threshold to the stage of “preparatory acts”. The novelty of this study lies in the application of the SOBURAL Approach to understand the social, cultural, and structural context of symbolic expression, as well as the development of treason assessment parameters based on criminal law doctrine and the analysis of judicial reasoning patterns in treason-related court decisions. The boundary between symbolic expression as a form of freedom of expression and the offense of treason lies in whether the constituent elements of the offense are fulfilled. Therefore, the application of provisions on the criminal offense of treason must be conducted objectively, proportionally, and based on evidence to maintain a balance between freedom of expression and the protection of the state. Keywords: Freedom of Expression; Symbolic Expression; Indonesian National Criminal Code (Law No. 1 of 2023); The Criminal Offense of Treason (Makar); SOBURAL Approach
creator: Yoanda Widi Pranata
creator: Rendy Airlangga
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-16
publication date: 2026-07-16
volume: 14
number: 2
starting page: 450
ending page: 468
doi: 10.36987/jiad.v14i2.8304

SANTET DALAM KUHP BARU: ANALISIS KRIMINALISASI TERHADAP PELAKU YANG MENYATAKAN DIRINYA MEMPUNYAI KEKUATAN GAIB PADA PASAL 252 UNDANG-UNDANG NOMOR 1 TAHUN 2023
type: item
description: The phenomenon of witchcraft or claims of having supernatural powers is a social reality that often causes unrest and deception in society. Article 252 of Law No. 1 of 2023 stipulates that anyone who claims to possess supernatural powers and offers services that could cause harm to others can be punished. Such actions are not judged based on the truth or falsehood of supernatural abilities, but rather on the act of claiming or offering services that could have legal consequences. This research aims to determine the elements of criminal acts that can be imposed on individuals who claim to possess supernatural powers (black magic), and the second research question is whether perpetrators who claim to have supernatural powers can be given criminal sanctions. This research uses a normative legal method with a statutory approach and a conceptual approach. Where the author uses primary legal materials such as Law No. 1 of 2023, secondary legal materials such as legal journals, and non-legal materials such as news related to the issue. The research results indicate that the existence of Article 252 of Law No. 1 of 2023 is a progressive step in addressing the social problems that have long been developing in Indonesian society. This regulation provides legal certainty and protects the public from disturbing and potentially criminal practices of witchcraft. Keywords: Criminalization, Perpetrator, Supernatural Power, Black Magic
creator: Navadz Syaikhul Radzakani
creator: Maria Novita Apriyani
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-16
publication date: 2026-07-16
volume: 14
number: 2
starting page: 469
ending page: 478
doi: 10.36987/jiad.v14i2.8341

A JURIDICAL-NORMATIVE INQUIRY INTO THE PROCEDURAL FRAMEWORK OF LEGAL PROTECTION FOR THE POOR TO ACCESS HEALTHCARE IN INDONESIA
type: item
description: This article uses a juridical-normative approach to examine health access for low-income people, focusing on procedural justice as an analytical framework. It highlights the legal system's role in protecting people with low incomes regarding health access and encourages reflection on more practical applications of procedural justice principles. Legal protection in health includes preventive and repressive aspects involving the government, hospitals, and the BPJS Kesehatan. The government and hospitals are responsible for providing good health facilities and patient safety. Participants can claim compensation for negligence or errors in health services. In contrast, hospitals are liable for losses caused by the medical team. The research highlights the importance of transparency, public participation, the right to information, and equality in ensuring quality health services for participants of the BPJS Kesehatan. However, there are areas for improvement, such as limited access to information, slow settlement processes, little compensation, legal uncertainty, and protection from discrimination. To address these weaknesses, increased transparency, accessibility, and efficiency are expected. Cooperation between the government and related agencies is essential for improving the effectiveness of the legal protection system for participants. Keywords: BPJS Kesehatan; Legal Protection; Poor People, Procedural Justice
creator: Kadarusman Kadarusman
creator: Nurjannah Septyanun
creator: Yulias Erwin
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-16
publication date: 2026-07-16
volume: 14
number: 2
starting page: 479
ending page: 502
doi: 10.36987/jiad.v14i2.7617

KEBIJAKAN HUKUM PENGELOLAAN TANAH EKS HAK GUNA USAHA (HGU): STUDI EMPIRIS KONFLIK AGRARIA DI PT BSP
type: item
description: This study examines the government’s legal policy in addressing the issue of unauthorized management of land formerly under Right to Cultivate (HGU) permits, with a case study focused on the ex-HGU land of PT. BSP. The main problem highlighted is the lack of legal certainty regarding the land’s status after the HGU permit expires, as well as the weak oversight by local governments over illegal land use by the public. This research employs an empirical method through interviews with relevant stakeholders and finds that limited local authority, overlapping regulations between central and regional governments, and the lack of accurate land data are the primary obstacles in resolving the issue. In addition, social factors such as historical land claims by communities and the lack of transparency in land information further complicate conflict resolution. Therefore, synergy between central and regional governments, agrarian policy reform, and the strengthening of institutional capacity and a transparent land information system are necessary to promote agrarian justice and legal certainty. Keywords: Ex-HGU Land, Legal Policy, Agrarian Conflict, PT. BSP, Legal Certainty
creator: Bahmid Bahmid
creator: Irda Pratiwi
creator: Siti Hajar Siregar
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-20
publication date: 2026-07-20
volume: 14
number: 2
starting page: 503
ending page: 522
doi: 10.36987/jiad.v14i2.9577

ANALISIS PERBEDAAN RATIO DECIDENDI HAKIM DALAM PUTUSAN PERSETUBUHAN SUKA SAMA SUKA OLEH ANAK DI INDONESIA
type: item
description: Differences in the application of legal provisions to cases involving consensual sexual intercourse between minors continue to reveal disparities in judges' ratio decidendi, even where the cases share substantially similar factual characteristics. Such disparities may undermine legal certainty and affect the effectiveness of legal protection afforded to children, both as victims and as offenders, within Indonesia's juvenile criminal justice system. This study aims to analyze the differences in the ratio decidendi adopted by judges in Decision No. 27/Pid.Sus-Anak/2023/PN Smr and Decision No. 4/Pid.Sus-Anak/2024/PN Kdr and to examine their implications for child legal protection in Indonesia. This research employs a normative legal method using statutory, case, and conceptual approaches. The analysis is conducted qualitatively by examining legislation, legal doctrines, and the two court decisions through legal interpretation and comparative analysis of the judges' ratio decidendi. The findings demonstrate that the differences in judicial reasoning are primarily influenced by the legal construction of the facts and the judges' interpretation of the concept of a child's consent. In Decision No. 27/Pid.Sus-Anak/2023/PN Smr, the court applied Law No. 12 of 2022 on Sexual Violence Crimes because the victim was unconscious due to alcohol intoxication and was therefore considered incapable of providing valid consent. Conversely, in Decision No. 4/Pid.Sus-Anak/2024/PN Kdr, the court relied on the Child Protection Law, reasoning that the victim's status as a minor legally invalidated any purported consent, notwithstanding the consensual nature of the relationship. The novelty of this study lies in its comparative analysis of the ratio decidendi employed in two judicial decisions involving highly comparable factual circumstances but resulting in different legal frameworks and judicial reasoning. The study concludes that harmonized judicial interpretative guidelines are necessar…
creator: Larasati Larasati
creator: Eka Nanda Ravizki
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-20
publication date: 2026-07-20
volume: 14
number: 2
starting page: 523
ending page: 542
doi: 10.36987/jiad.v14i2.7956

PERLINDUNGAN HUKUM KONSUMEN ATAS PENJUALAN ALBUM KPOP PALSU DI E-COMMERCE
type: item
description: The rapid advancement of information technology has accelerated the growth of electronic commerce (e-commerce) as a trading platform that offers greater convenience and efficiency for consumers. However, this development has also increased the risk of fraudulent practices in electronic transactions, particularly those involving discrepancies between the products advertised and those actually received by consumers. This situation raises concerns regarding the effectiveness of legal protection afforded to consumers in e-commerce transactions. This study aims to analyze the legal protection available to consumers who become victims of counterfeit or non-conforming products sold through e-commerce platforms and to examine the effectiveness of the implementation of Law Number 8 of 1999 concerning Consumer Protection in ensuring legal certainty. This research employs a normative legal method using statutory and conceptual approaches. Primary and secondary legal materials were analyzed qualitatively through legal interpretation of legislation governing consumer protection in electronic transactions. The findings indicate that consumer legal protection has not yet been fully effective due to the continued circulation of counterfeit products, the limited accountability of business actors, and the inadequacy of dispute resolution mechanisms and regulatory oversight in electronic commerce. This study concludes that strengthening regulatory supervision, enhancing the accountability of e-commerce platform providers and business actors, and optimizing the implementation of consumer protection legislation are essential to improving legal certainty and ensuring more effective legal protection for consumers in the digital marketplace. Keywords: E-commerce; Consumer Protection; Fraud; Legal Protection; Electronic Transactions.
creator: Azmilatun Nafisah
creator: Abdullah Fikri
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-20
publication date: 2026-07-20
volume: 14
number: 2
starting page: 543
ending page: 558
doi: 10.36987/jiad.v14i2.7990

INDIKASI KEDARURATAN MEDIS DALAM TINDAK PIDANA ABORSI OLEH TENAGA MEDIS: ANALISIS PUTUSAN NOMOR 36/PID.SUS/2024/PN DPS
type: item
description: The involvement of medical personnel in unlawful abortion practices raises complex legal issues because it contradicts their professional obligation to provide healthcare services in accordance with ethical standards, professional competence, and applicable legal regulations. Although Law Number 17 of 2023 concerning Health permits abortion under limited circumstances, its implementation is strictly regulated through medical emergency indications, professional competence requirements, and healthcare service procedures as stipulated in Government Regulation Number 28 of 2024. This study aims to analyze the fulfillment of the legal requirements for medical emergency indications and to examine the judicial reasoning underlying the non-imposition of additional criminal sanctions in Decision Number 36/Pid.Sus/2024/PN Dps. This research employs a normative legal method with a descriptive-analytical approach using statutory, case, and conceptual approaches. Primary legal materials, consisting of the Indonesian Criminal Code, Law Number 17 of 2023 concerning Health, Government Regulation Number 28 of 2024, and Decision Number 36/Pid.Sus/2024/PN Dps, were analyzed qualitatively through legal interpretation and doctrinal analysis of the court's legal reasoning. The findings demonstrate that the abortion performed by the defendant did not satisfy the legal criteria for a medical emergency because there was no condition threatening the life or health of the pregnant woman or the fetus, the procedure was not carried out by a physician possessing the legally required professional competence and authority, and the mandatory healthcare procedures prescribed by the applicable legislation were not fulfilled. The study further reveals that the court did not impose the additional penalty of revoking the defendant's professional rights because the defendant did not possess a valid Certificate of Registration (Surat Tanda Registrasi—STR), Practice License (Surat Izin Praktik—SIP), or any…
creator: Salman Naufal Haq
creator: Maria Novita Apriyani
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-21
publication date: 2026-07-21
volume: 14
number: 2
starting page: 559
ending page: 573
doi: 10.36987/jiad.v14i2.8323

LEGAL LIABILITY OF THE SCHOOL OPERATIONAL ASSISTANCE TEAM IN GOODS AND SERVICES PROCUREMENT THROUGH SIPLAH: DEFAULT AND DISPUTE RESOLUTION PERSPECTIVE
type: item
description: This research analyses the legal implications for SOA (School Operational Assistance) Teams and goods/service providers via SIPLAH (Sistem Informasi Pengadaan di Sekolah - School Procurement Information System) in cases of default, and examines the available dispute resolution mechanisms. The background to this issue is the high potential for disputes arising in educational goods and services procurement transactions facilitated by the SIPLAH system, given the complexity of the parties involved and the substance of the contracts. This study employs a juridical-normative approach by reviewing relevant laws and regulations, including those concerning School Operational Assistance (SOA) Funds and government goods and services procurement, as well as civil law principles, particularly regarding contracts and default. Data was obtained through a literature study and legal document analysis. The research findings indicate that default by either the SOA Team or a SIPLAH provider can lead to various legal consequences, ranging from compensation obligations and contract cancellation to administrative and criminal sanctions, depending on the nature and impact of the default. The dispute resolution mechanisms that can be pursued include amicable settlement (musyawarah mufakat), mediation, arbitration, or litigation through the district court. A deep understanding of the rights and obligations of the parties, as well as dispute resolution procedures, is expected to minimise the risk of default and ensure the effectiveness and accountability of SOA Fund utilisation. This study contributes to the development of legal doctrine regarding the legal responsibilities of School Operational Assistance Teams in electronic procurement through SIPLAH by clarifying the legal consequences of default and proposing a more effective dispute resolution framework. Keywords: Default, SOA Team, SIPLAH, Dispute Resolution, SOA Fund.
creator: Wan Iswandi
creator: Nurjannah Septyanun
creator: Yulias Erwin
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-21
publication date: 2026-07-21
volume: 14
number: 2
starting page: 574
ending page: 593
doi: 10.36987/jiad.v14i2.7742

PENEGAKAN HUKUM TINDAK PIDANA PERIKANAN DI PERAIRAN SUMATERA SELATAN: ANALISIS HAMBATAN DAN STRATEGI PENGUATAN PENYIDIKAN DITPOLAIRUD
type: item
description: Law enforcement against fisheries crimes constitutes a strategic instrument for safeguarding fisheries sustainability and strengthening state sovereignty over Indonesian waters. South Sumatra Province, characterized by extensive riverine, estuarine, and coastal fisheries, continues to experience a high incidence of illegal fishing, particularly the use of prohibited trawl fishing gear and fishing vessels operating without valid licenses. This study aims to examine the effectiveness of fisheries crime law enforcement conducted by investigators of the Water and Air Police Directorate (Ditpolairud) of the South Sumatra Regional Police and to identify the principal obstacles affecting criminal investigation processes. This research employed an empirical juridical approach using qualitative methods through library research, case document analysis, and interviews with Ditpolairud investigators and relevant stakeholders. The findings reveal that law enforcement remains suboptimal due to three major categories of obstacles. First, internal constraints include limited patrol vessels, an insufficient number of investigators with specialized expertise in fisheries crimes, and inadequate operational funding. Second, external constraints consist of low legal awareness among fishermen, economic pressures encouraging the use of prohibited fishing gear, and the extensive geographical characteristics of South Sumatra's rivers, estuaries, and coastal waters, which complicate surveillance and enforcement activities. Third, structural constraints involve weak inter-agency coordination among Ditpolairud, the Ministry of Marine Affairs and Fisheries, local governments, and the prosecution service, as well as regulatory challenges following amendments to fisheries legislation. These constraints have reduced the effectiveness of criminal investigations, weakened the deterrent effect of law enforcement, and contributed to repeated fisheries violations. The study recommends strengthening the…
creator: Imam Shokibi
creator: Erli Salia
creator: Ismail Pettanase
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-27
publication date: 2026-07-27
volume: 14
number: 2
starting page: 594
ending page: 607
doi: 10.36987/jiad.v14i2.8334

ANALISIS YURIDIS PERTIMBANGAN HAKIM IZIN POLIGAMI DAN HARTA BERSAMA (Studi Kasus Perkara Putusan Nomor 2/PDT.G/2025/PA.BBU)
type: item
description: Polygamy under Islamic law and Indonesian positive law is permissible only when strict legal requirements are fulfilled to safeguard the rights of wives, children, and jointly acquired marital property. Nevertheless, the judicial practice of granting polygamy permits continues to generate debate regarding the balance between procedural justice and substantive justice. This study aims to analyze the legal reasoning of judges in granting polygamy permits and its legal implications for the status of the first wife and jointly acquired property through an examination of Decision Number 2/Pdt.G/2025/PA.Bbu of the Blambangan Umpu Religious Court. The research employs a normative-empirical (socio-legal) approach using case and statutory approaches, supported by library research, judicial decision analysis, interviews, and observations. The findings reveal that the panel of judges based its decision on the first wife's health condition, the applicant's financial capability, and the wife's consent. However, the decision primarily emphasized compliance with formal legal requirements rather than critically assessing the voluntariness of the wife's consent and the protection of women's rights, thereby reflecting the predominance of procedural justice over substantive justice. Furthermore, the determination of jointly acquired property prior to the implementation of polygamy constitutes a preventive measure to protect the first wife's economic rights, although its effectiveness ultimately depends on the enforcement of the judgment and the husband's compliance with his legal obligations. The study recommends that Religious Courts adopt a more comprehensive assessment of the wife's consent and strengthen the protection of women's rights to ensure the realization of substantive justice in polygamy cases. Keywords: substantive justice; procedural justice; polygamy; protection of women's rights; judicial legal reasoning
creator: Jaka Tri Junius
creator: Sri Zanariyah
creator: Januri Januri
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-27
publication date: 2026-07-27
volume: 14
number: 2
starting page: 608
ending page: 621
doi: 10.36987/jiad.v14i2.8366

PENEGAKAN HUKUM TINDAK PIDANA NARKOTIKA OLEH KEPOLISIAN DAERAH LAMPUNG: ANALISIS HAMBATAN DAN STRATEGI PENGUATAN PENYIDIKAN
type: item
description: The increasing prevalence of narcotics abuse and illicit trafficking in Lampung Province poses a serious threat to public security, social order, and the effectiveness of Indonesia's criminal justice system. This condition requires strengthening law enforcement efforts that extend beyond punitive measures to address the various challenges encountered during criminal investigations. This study aims to analyze the enforcement of narcotics laws by the Lampung Regional Police (Polda Lampung), identify the factors hindering the effectiveness of criminal investigations, and formulate strategies to strengthen investigative processes. The research employs a normative-empirical (socio-legal) approach using statutory and case approaches, supported by library research, document analysis, and interviews with investigators at the Lampung Regional Police. The findings reveal that narcotics law enforcement has been implemented through both preventive and repressive measures. However, the effectiveness of investigations remains constrained by limited human resources, inadequate investigative facilities and technology, the complexity of organized narcotics trafficking networks, and insufficient inter-agency coordination. This study argues that strengthening investigators' professional capacity, modernizing investigative technologies, enhancing inter-agency collaboration, and optimizing community-based prevention programs constitute key strategies for improving the effectiveness of narcotics law enforcement in Lampung Province. Keywords: law enforcement; narcotics crime; Lampung Regional Police; criminal investigation; investigation strengthening strategy
creator: Berthiana Berthiana
creator: Januri Januri
creator: Rika Santina
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-29
publication date: 2026-07-29
volume: 14
number: 2
starting page: 622
ending page: 638
doi: 10.36987/jiad.v14i2.8397

IMPLEMENTASI PERLINDUNGAN KORBAN KEKERASAN DALAM RUMAH TANGGA MELALUI KEADILAN RESTORATIF DI KEPOLISIAN DAERAH JAWA TIMUR
type: item
description: The increasing incidence of domestic violence (DV) in Indonesia indicates that legal protection for victims continues to face significant challenges, particularly in ensuring case resolution mechanisms that not only emphasize the punishment of offenders but also guarantee victims' recovery, safety, and access to justice. Within this context, restorative justice has emerged as an alternative approach implemented during the criminal investigation process to resolve certain domestic violence cases. This study aims to analyze the implementation of victim protection through restorative justice during the investigation stage at the East Java Regional Police (Polda Jawa Timur), evaluate the fulfillment of victims' rights throughout the case resolution process, and identify the obstacles affecting the effectiveness of victim protection. The research employed a normative-empirical (socio-legal) approach, using statutory, conceptual, and empirical approaches through document analysis and interviews with investigators and other relevant stakeholders. The findings indicate that victim protection has been implemented through compliance with formal and substantive requirements, the conduct of restorative mediation, and the termination of investigations when agreements adequately safeguarding victims' interests are reached. However, the effectiveness of victim protection remains constrained by unclear procedural time limits, varying interpretations among investigators regarding the application of restorative justice, the psychological vulnerability of victims, and technical challenges encountered during the mediation process. These obstacles have prevented the optimal implementation of victim protection, highlighting the need for clearer implementation guidelines, enhanced investigators' capacity, and stronger inter-agency coordination to ensure more effective protection for victims of domestic violence. Keywords: victim protection; domestic violence; restorative justice; criminal…
creator: Daniel Mangara Tua Pandiangan
creator: Maria Novita Apriyani
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-29
publication date: 2026-07-29
volume: 14
number: 2
starting page: 639
ending page: 655
doi: 10.36987/jiad.v14i2.8444

PERLINDUNGAN HUKUM INVESTOR ASET KRIPTO DI INDONESIA TERHADAP PRAKTIK MANIPULASI PASAR
type: item
description: The transfer of cryptocurrency supervision from Bappebti to the Financial Services Authority (OJK) through Law No. 4 of 2023 (P2SK Law) is expected to bring investor protection standards in line with other financial sectors. However, this transition leaves a legal loophole in its implementing regulation, POJK No. 27 of 2024, which does not explicitly prohibit market manipulation practices. This study aims to analyse these legal gaps and formulate ideal protections. Using a normative juridical method that combines three approaches, namely legislation, comparison, and conceptual approaches, this study compares current crypto regulations with the Capital Market Law. The results show that POJK No. 27/2024 only focuses on institutional and operational aspects, without providing specific prohibitions on manipulative schemes such as pump and dump or wash trading. Therefore, this study recommends four steps for legal reconstruction: adopting prohibitive norms from the Capital Market Law, adapting market surveillance technology, implementing deterrent sanctions, and establishing a whistleblowing system mechanism, in order to ensure legal certainty for investors in Indonesia. Keywords: Cryptocurrency; Market Manipulation; Investor Protection; Legal Certainty
creator: Maulana Iskhaq Wicaksono
creator: Dita Perwitasari
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-29
publication date: 2026-07-29
volume: 14
number: 2
starting page: 656
ending page: 668
doi: 10.36987/jiad.v14i2.8461

POLITIK HUKUM DALAM TRANSISI KEKUASAAN: DEMOKRATISASI PEMBANGUNAN HUKUM DARI ERA JOKOWI MENUJU PRABOWO
type: item
description: This study examines the dynamics of legal politics in national legal development during the transition of power from the administration of President Joko Widodo to the administration of President Prabowo Subianto. The analysis focuses on the legislative process, the executive–legislative relationship in lawmaking, and the level of public participation in the formulation of legal policies. This research employs a normative legal research method using statutory, conceptual, and analytical approaches based on primary and secondary legal materials.The findings indicate that legal politics during Jokowi’s administration was characterized by accelerated legislation and regulatory simplification through the omnibus law approach, which strengthened the role of the executive in the lawmaking process but also generated debates regarding the level of public participation. Meanwhile, in the early phase of Prabowo’s administration, the direction of legal politics remains in a stage of policy consolidation influenced by the configuration of political coalitions in parliament. These conditions indicate that Indonesia’s legal politics during this transitional period reflects an ongoing balancing process between governmental effectiveness and the strengthening of the principles of the rule of law and public participation in national legal development. Keywords: Legal Politics; Power Transition; National Legal Development; Constitutional Democracy; Political Configuration
creator: Haedar Ibnu Roif
creator: Abdul Aziz Nasihuddin
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-30
publication date: 2026-07-30
volume: 14
number: 2
starting page: 669
ending page: 681
doi: 10.36987/jiad.v14i2.8271

IMPLEMENTASI PENUNTUTAN TERHADAP PENGEDAR SEDIAAN FARMASI ILEGAL BERDASARKAN UNDANG-UNDANG KESEHATAN DI KEJAKSAAN NEGERI TUBAN
type: item
description: The increasing circulation of illegal pharmaceutical products, particularly Double L pills, reflects weak compliance with health regulations and poses a significant challenge to criminal law enforcement in Indonesia. This issue highlights the need for an effective prosecution mechanism as an integral part of the criminal justice system to ensure legal certainty and protect public health. This study aims to analyze the implementation of prosecution against distributors of illegal pharmaceutical products under Law Number 17 of 2023 concerning Health at the Tuban District Prosecutor’s Office, as well as to identify the obstacles encountered and the measures undertaken to address them. This research employs a normative-empirical legal research (socio-legal) method using statutory, conceptual, and empirical approaches. Data were collected through library research, field observations, and interviews with public prosecutors and other relevant officials at the Tuban District Prosecutor’s Office, and were analyzed using a qualitative descriptive approach. The findings indicate that the prosecution process has generally been conducted in accordance with the applicable legal framework through the application of the dominus litis principle. However, its effectiveness remains constrained by delays in case completion due to the repeated return of case files (P-19), differences in legal interpretation between investigators and public prosecutors, and the absence of explicit legal provisions governing the time limit for returning case files during the pre-prosecution stage. These findings underscore the need to strengthen institutional coordination among law enforcement agencies and to establish clearer legal regulations governing pre-prosecution procedures in order to enhance the effectiveness of criminal law enforcement against the illegal distribution of pharmaceutical products. Keywords: prosecution; illegal pharmaceutical products; health law; Tuban District Prosecutor’s Offic…
creator: Narita Tarasari
creator: Maria Novita Apriyani
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-30
publication date: 2026-07-30
volume: 14
number: 2
starting page: 682
ending page: 696
doi: 10.36987/jiad.v14i2.8443

PERDAGANGAN KARBON SEBAGAI INSTRUMEN ADVOKASI KEADILAN SOSIAL: TINJAUAN TERHADAP PERLINDUNGAN DAN PEMBERDAYAAN MASYARAKAT LOKAL DALAM KERANGKA PEMBANGUNAN BERKELANJUTAN
type: item
description: Climate change has encouraged the development of various legal and economic instruments to reduce greenhouse gas emissions, one of which is carbon trading. Although carbon trading has evolved as a market-based mechanism within the international climate regime, limited legal scholarship has examined its economic value for local communities and its relationship with social justice and sustainable development. This study aims to analyze the legal and economic position of carbon trading, examine the conceptual distinction between carbon trading, carbon tax, and excise duties within the Indonesian legal system, and evaluate the implications of carbon trading for improving the welfare of local communities from the perspective of social justice. This research employs a normative legal method using statutory and conceptual approaches through the analysis of legislation, legal doctrines, and relevant scientific literature. The findings indicate that carbon trading functions as a market-based legal instrument that promotes greenhouse gas emission reductions through economic incentives while simultaneously creating economic opportunities for local communities through conservation financing, community-based forest management, and green economic development. The study further finds that carbon tax differs fundamentally from excise duties in both legal concept and regulatory objectives, and therefore the two instruments cannot be equated within the Indonesian taxation system. Accordingly, the successful implementation of carbon trading requires integrated policies that ensure legal certainty, protect the rights of local communities, promote equitable distribution of economic benefits, and support the achievement of sustainable development goals. Keywords: carbon trading; local communities; economic value; social justice; sustainable development
creator: Alya Maya Khonsa Rahayu
creator: Agatha Jumiati
creator: Zepiko Ferera
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-31
publication date: 2026-07-31
volume: 14
number: 2
starting page: 697
ending page: 718
doi: 10.36987/jiad.v14i2.8491

PERLINDUNGAN HAK MASYARAKAT HUKUM ADAT ATAS TANAH ADAT: STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 47 PK/PDT/2021
type: item
description: This study aims to examine the legal validity of customary land sale and purchase transactions that result in the transfer of individual customary land rights to other parties and to analyze the legal protection afforded to indigenous peoples based on Supreme Court Decision Number 47 PK/Pdt/2021. The research employs a normative legal research method using statutory, case, and conceptual approaches. The study relies on primary legal materials consisting of legislation and court decisions, supported by secondary legal materials including books, scholarly articles, and legal doctrines, which are analyzed qualitatively through legal interpretation. The findings reveal that the disputed customary land transaction failed to satisfy the legal requirements of a valid agreement under Article 1320 of the Indonesian Civil Code because it was based on invalid legal documents, thereby rendering both the transfer of rights and the resulting certificate of ownership legally defective. Furthermore, the transfer of customary land rights did not comply with customary law, the Basic Agrarian Law, and the legal framework governing indigenous peoples in Papua. Supreme Court Decision Number 47 PK/Pdt/2021 demonstrates that legal protection for indigenous peoples extends beyond formal documentary evidence by recognizing customary law, historical possession, and local wisdom as important judicial considerations. This study contributes to the development of Indonesian land law by affirming the jurisprudential value of the decision in strengthening the protection of indigenous land rights and providing guidance for resolving future customary land disputes. Keywords: indigenous peoples; customary land; legal protection; individual customary rights; jurisprudence.
creator: Ilham Fajar Sayuti
creator: M Sofyan Pulungan
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-31
publication date: 2026-07-31
volume: 14
number: 2
starting page: 719
ending page: 735
doi: 10.36987/jiad.v14i2.8512

PERBANDINGAN PEMBUKTIAN ACTUS REUS DAN MENS REA PADA TINDAKAN PERCOBAAN PERANTARA DALAM TRANSAKSI NARKOTIKA GOLONGAN 1
type: item
description: The increasingly rampant narcotics crimes in Indonesia pose a serious threat to public order and security. This study aims to analyze and compare the evidence of actus reus and mens rea in cases of attempted intermediary transactions of Class I narcotics based on Decision Number 572/Pid.Sus/2014/PN.Jkt.Utr and Decision Number 163/Pid.Sus/2015/PN.Mam. By using normative juridical research methods through case, comparative, statutory, and conceptual approaches, this study found fundamental differences in the judge's approach. In Decision 572/Pid.Sus/2014/PN.Jkt.Utr, the judge placed more emphasis on non-juridical considerations such as the social conditions and background of the defendant which resulted in an acquittal, even though when viewed from the elements of the attempt in Article 53 Paragraph (1) it had been fulfilled. In contrast, in Decision Number 163/Pid.Sus/2015/PN.Mam, the judge prioritized legal considerations based on evidence, while still considering the principle of the child's best interests, thus imposing a correctional measure. This research emphasizes the need for consistent standards of consideration to maintain legal certainty. Keywords: Comparison; Evidence; Drug Intermediary Trial
creator: Charlita Ratna Puteri Afrianda
creator: Miko Aditiya Suharto
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-07-31
publication date: 2026-07-31
volume: 14
number: 2
starting page: 736
ending page: 748
doi: 10.36987/jiad.v14i2.8631

KEPASTIAN HUKUM PENGATURAN ASET KRIPTO DI INDONESIA DAN IMPLIKASINYA TERHADAP PERLINDUNGAN KONSUMEN
type: item
description: The rapid development of crypto assets in Indonesia has created significant legal challenges, particularly regarding legal certainty and consumer protection. Although crypto assets have been recognized as tradable commodities and are currently undergoing regulatory transition into the financial sector, the coexistence of multiple regulatory regimes has generated uncertainty concerning their legal status, institutional authority, and mechanisms for consumer protection. This study aims to analyze the legal framework governing crypto assets in Indonesia following the enactment of Law Number 4 of 2023 on Financial Sector Development and Strengthening (P2SK Law) and Government Regulation Number 49 of 2024, as well as to examine the adequacy of legal protection available to crypto-asset consumers. This research employs a normative legal research method using statutory, conceptual, and comparative approaches based on primary, secondary, and tertiary legal materials. The findings reveal that although Indonesia has established a more structured regulatory framework through the transfer of supervisory authority from Bappebti to the Financial Services Authority (OJK), the legal framework remains fragmented, resulting in overlapping institutional authority, uncertainty in dispute resolution mechanisms, and limited legal remedies for consumers. The study further demonstrates that existing regulations have not comprehensively integrated consumer protection principles, particularly regarding compensation mechanisms, platform accountability, and legal certainty for digital asset ownership. This research contributes by proposing an integrated regulatory model that harmonizes financial regulation, consumer protection law, and digital asset governance to strengthen legal certainty and enhance consumer protection within Indonesia's crypto-asset ecosystem. Keywords: Crypto Assets; Legal Certainty; Consumer Protection; Digital Financial Assets; Financial Regulation
creator: Azhari Dzulqarnain
creator: Aris Machmud
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-08-01
publication date: 2026-08-01
volume: 14
number: 2
starting page: 749
ending page: 773
doi: 10.36987/jiad.v14i2.8545

LAW ENFORCEMENT AGAINST DESTRUCTIVE FISHING IN INDONESIA: JUDICIAL REASONING AND ECOLOGICAL JUSTICE IN JUDGMENT No. 152/Pid.Sus-LH/2025/PN.Pya
type: item
description: Destructive fishing continues to pose a serious threat to Indonesia's marine ecosystems, yet judicial responses remain predominantly oriented toward criminal punishment rather than ecological restoration. This article examines how destructive fishing regulations are implemented through judicial reasoning and whether court decisions incorporate ecological justice as part of environmental law enforcement. This study employs a normative legal research method using statutory, conceptual, and case approaches to analyze Judgment No. 152/Pid.Sus-LH/2025/PN.Pya together with relevant fisheries and environmental legislation. The findings demonstrate that the judgment primarily reflects a conventional retributive model of criminal law enforcement by emphasizing imprisonment, fines, and the confiscation or destruction of evidence, while restorative obligations such as ecosystem rehabilitation, environmental recovery, and compensation for ecological damage are absent from the judicial order. These findings indicate that the implementation of destructive fishing regulations in judicial practice remains focused on formal legal compliance and deterrence rather than substantive ecological justice. This study contributes by proposing a responsive ecological law enforcement model that integrates criminal sanctions with ecosystem restoration, thereby encouraging courts to institutionalize environmental recovery as an essential component of judicial outcomes in destructive fishing cases. Keywords: destructive fishing; ecological justice; environmental restoration; law enforcement; responsive law.
creator: Dedi Afrizal Hidayat
creator: Rina Rohayu Harun
creator: Yulias Erwin
creator: Nurjannah Septyanun
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-08-01
publication date: 2026-08-01
volume: 14
number: 2
starting page: 774
ending page: 790
doi: 10.36987/jiad.v14i2.8593

PELAKSANAAN RESTITUSI BAGI KORBAN TINDAK PIDANA PENIPUAN INVESTASI DENGAN SKEMA ROBOT TRADING: STUDI KASUS DI LEMBAGA PERLINDUNGAN SAKSI DAN KORBAN (LPSK)
type: item
description: Fraudulent investment schemes using the Viral Blast Global robot-trading platform caused substantial financial losses and raised legal problems in fulfilling victims’ rights to restitution. This study aims to analyze the implementation of restitution for victims of fraudulent investment crimes using a robot-trading scheme, as well as the obstacles faced by the Witness and Victim Protection Agency (LPSK) in fulfilling victims’ rights. This research employs an empirical juridical method with case, structural, and statutory approaches based on the KUHAP, Law Number 31 of 2014, Government Regulation Number 35 of 2020, Government Regulation Number 7 of 2018, and Supreme Court Regulation Number 1 of 2022. The data were obtained from interviews at LPSK and secondary legal materials, including official documents and the Surabaya District Court Decision Number 1466/Pid.Sus/2022/PN Sby. The findings show that LPSK has carried out administrative verification, substantive examination, the establishment of the Compensation Assessment Team, and the submission of restitution before the court decision. However, the implementation of restitution faces obstacles in the form of overlapping execution authority, difficulties in proving victims’ financial losses, and low victim participation. The analysis also shows that the court ruling assigning execution duties to LPSK creates disharmony with the existing legal framework, since execution should legally fall under the authority of the prosecutor. This study concludes that restitution implementation in the Viral Blast Global case has been carried out, but it still requires regulatory harmonization, clearer execution mechanisms, and a more adaptive evidentiary framework for digital-based crimes. Keywords: Restitution; Victims’ Rights; Fraud Offenses; Robot Trading; LPSK.
creator: Rajib Aliwafa Zarkasy
creator: Maria Novita Apriyani
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-08-01
publication date: 2026-08-01
volume: 14
number: 2
starting page: 791
ending page: 804
doi: 10.36987/jiad.v14i2.8575

INTERNAL TRANSPARENCY OF POLITICAL PARTIES UNDER INDONESIAN POLITICAL PARTY LAW: A RULE OF LAW PERSPECTIVE ON LAW NUMBER 2 OF 2011
type: item
description: Internal transparency constitutes one of the fundamental principles for strengthening democratic governance and the rule of law within political parties. Despite the enactment of Law Number 2 of 2011 concerning Political Parties, persistent concerns remain regarding the implementation of transparent decision-making, democratic political recruitment, and accountable financial management. This study aims to examine the extent to which Law Number 2 of 2011 regulates the internal transparency of political parties and evaluates its conformity with the principles of the rule of law. This research employs normative legal research using statutory and conceptual approaches. Legal materials consist of primary and secondary legal sources analyzed through qualitative legal interpretation. The findings indicate that Law Number 2 of 2011 has established a comprehensive legal framework governing internal transparency through provisions on internal decision-making, political recruitment, and financial accountability. Nevertheless, the effectiveness of these provisions remains constrained by weak institutional enforcement, limited public oversight, and political culture that has not fully embraced democratic accountability. This study contributes by proposing that strengthening internal transparency requires not only regulatory improvement but also institutional supervision and the development of democratic political culture to reinforce constitutional democracy and the rule of law in Indonesia. Keywords: Political Parties; Internal Transparency; Rule of Law; Democratic Governance; Political Party Law.
creator: Nurhidayati Arifah
creator: Siti Hasanah
creator: Firzhal Arzhi Jiwantara
creator: Nurjannah Septyanun
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-08-02
publication date: 2026-08-02
volume: 14
number: 2
starting page: 805
ending page: 821
doi: 10.36987/jiad.v14i2.8636

TANGGUNG JAWAB HUKUM INTERMEDIARY DALAM MODERASI KONTEN DIGITAL DI INDONESIA: ANALISIS NORMATIF TERHADAP KEPASTIAN HUKUM, AKUNTABILITAS, DAN PERLINDUNGAN HAK DIGITAL
type: item
description: The rapid development of Indonesia's digital ecosystem has significantly expanded the role of intermediaries as digital platform providers responsible for managing, filtering, and restricting user-generated content. At the same time, the increasing dissemination of illegal content, hate speech, disinformation, and violations of digital rights has raised fundamental legal questions regarding the scope of intermediary liability in content moderation. Although Indonesia has established a regulatory framework through Law No. 11 of 2008 as amended by Law No. 19 of 2016 on Electronic Information and Transactions, Government Regulation No. 71 of 2019, and Minister of Communication and Informatics Regulation No. 5 of 2020, legal uncertainty remains regarding intermediary liability, accountability mechanisms, and the protection of users' digital rights. This study aims to analyze the legal regulation of intermediary liability in digital content moderation, identify weaknesses in the existing regulatory framework, and formulate legal reform strategies to achieve a balance between freedom of expression and public protection. The research employs a normative juridical method using statutory, conceptual, and comparative legal approaches. The findings demonstrate that Indonesia's regulatory framework remains fragmented and has not comprehensively incorporated the principles of safe harbor, due process, transparent content moderation, and effective platform accountability. These shortcomings contribute to legal uncertainty, inconsistent moderation practices, and potential violations of users' digital rights. This study proposes strengthening Indonesia's legal framework through adaptive regulations, independent oversight mechanisms, proportional implementation of the safe harbor principle, and transparent, participatory governance of digital content moderation to enhance legal certainty and the protection of digital rights. Keywords: intermediary liability, digital content moderati…
creator: Michael Rayhan Ndraha
creator: Yoga Khirari Haggai
creator: Victor Imanuel Williamson Nalle
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-08-03
publication date: 2026-08-03
volume: 14
number: 2
starting page: 822
ending page: 844
doi: 10.36987/jiad.v14i2.7817

REFORMASI KITAB UNDANG-UNDANG HUKUM PIDANA DALAM PENANGGULANGAN TINDAK PERUNDUNGAN DI INDONESIA
type: item
description: This study examines the legal response to the increasing incidence of bullying in Indonesia. The study aims to analyze the regulatory framework governing bullying in the national Criminal Code (KUHP) and to evaluate the application of restorative justice principles in its handling. The research employs a normative juridical method with statutory and comparative approaches; data sources include legislation, legislative drafting records, judicial decisions, and secondary literature; analysis is qualitative. Findings indicate that the National Criminal Code clarifies the legal basis for addressing bullying through provisions on insult, assault, threats, and cyber-related offenses, and creates space for diversion and restorative justice practices (e.g., out-of-court settlement clauses). However, implementation of restorative justice faces significant obstacles, including victim resistance, insufficient dissemination, and limited capacity of law enforcement agencies. This study contributes theoretically by formulating an analytical framework that integrates restorative justice principles into the interpretation of the National Criminal Code provisions on bullying, that intended to improve the effectiveness of bullying prevention and response in Indonesia. Keywords: Bullying; Indonesian law; Restorative justice; Reform of the Criminal Code.
creator: Fenti Darna Pradewi
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-08-03
publication date: 2026-08-03
volume: 14
number: 2
starting page: 845
ending page: 862
doi: 10.36987/jiad.v14i2.8842

REKONSTRUKSI FUNGSI PENGAWASAN SYAHBANDAR TERHADAP PRAKTIK SHIP-TO-SHIP TRANSFER (STS) ILEGAL DALAM PENGANGKUTAN BBM BERSUBSIDI: ANALISIS NORMATIF ATAS KESENJANGAN PENGATURAN HUKUM
type: item
description: Illegal ship-to-ship transfer (STS) practices involving subsidized fuel oil constitute a significant legal challenge because they facilitate the unlawful diversion of subsidized energy distribution, potentially causing state financial losses and undermining national energy policies. Although Indonesian Shipping Law authorizes the Harbormaster (Syahbandar) to supervise maritime activities, the existing legal framework remains primarily focused on navigational safety and administrative compliance, leaving substantive cargo legality and offshore STS activities largely beyond its regulatory reach. This study aims to analyze the legal construction of the Harbormaster's supervisory authority over illegal STS practices involving subsidized fuel transportation and to formulate directions for strengthening the existing regulatory framework. The research employs a normative legal method using statutory and conceptual approaches by examining the Shipping Law, Government Regulation Number 31 of 2021, and other relevant legal instruments governing subsidized fuel distribution. The collected legal materials were analyzed qualitatively through systematic legal interpretation. The findings reveal that the Harbormaster's supervisory authority is limited to administrative verification of vessel documents and does not extend to verifying cargo legality or tracing vessel movement history. This normative limitation creates legal loopholes that enable illegally transferred subsidized fuel cargoes to enter the port system through formally valid documentation. This study proposes strengthening the legal construction of the Harbormaster's supervisory function by expanding the scope of supervision, integrating maritime and energy regulatory frameworks, reinforcing inter-agency coordination, and introducing substantive cargo verification mechanisms to prevent the misuse of subsidized fuel distribution. Keywords: Harbormaster; ship-to-ship transfer; subsidized fuel; maritime supervision; legal…
creator: Karso Raharjo
creator: Kuat Puji Prayitno
creator: Dwi Hapsari Retnaningrum
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-08-03
publication date: 2026-08-03
volume: 14
number: 2
starting page: 863
ending page: 879
doi: 10.36987/jiad.v14i2.8844

IMPLEMENTASI DAN TANTANGAN PEMENUHAN HAK KHUSUS NARAPIDANA LANJUT USIA BERDASARKAN UU NO. 22 TAHUN 2022 TENTANG PEMASYARAKATAN
type: item
description: In the midst of limited resources and infrastructure, the existence of regulations such as the Minister of Law and Human Rights Regulation No. 32 of 2018, which mandates special treatment for elderly inmates, raises a critical question: can this policy truly be implemented effectively within an already overloaded correctional system? This study employs a normative legal research method with a multidimensional approach to comprehensively examine the issue of elderly inmate treatment in Indonesia’s correctional system. An analysis of the implementation gap reveals three interrelated layers of problems. The first layer concerns regulatory weaknesses, as Regulation No. 32 of 2018 despite its progressive substance lacks an adequate enforcement mechanism, sufficient budget allocation, and clear, measurable standard operating procedures. Ideally, geriatric health services should include systematic care, routine monitoring, health education, palliative treatment, and the involvement of medical professionals who understand the needs of the elderly. The issuance of this regulation demonstrates the government’s commitment to fulfilling its duties, with the expectation that all stakeholders will provide support as motivation to improve and develop strategies for delivering human rights based services to elderly inmates and detainees. However, the implementation of this special treatment remains suboptimal due to several obstacles, including the low level of interest among elderly inmates in participating in available correctional programs.. Keywords: Inmates, Special Rights, Elderly
creator: Adi Firman Sahala Maringan Siregar
creator: Deny Guntara
creator: Muhamad Abas
creator: Tatang Targana
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-08-13
publication date: 2026-08-13
volume: 14
number: 2
starting page: 880
ending page: 896
doi: 10.36987/jiad.v14i2.8419

KEPASTIAN HUKUM SURAT PERINTAH PENGHENTIAN PENYELIDIKAN (SP2LIDIK) PASCA GELAR PERKARA KHUSUS: ANALISIS NORMATIF TERHADAP FINALITAS DAN PERLINDUNGAN HUKUM
type: item
description: The Order to Terminate an Investigation (Surat Perintah Penghentian Penyelidikan or SP2LIDIK) constitutes a legal instrument used to terminate an investigation when the examination and case review indicate that no criminal event has occurred or that there are insufficient grounds to proceed to the investigation stage. A legal problem arises when an SP2LIDIK issued following an ordinary case hearing may subsequently be challenged through a complaint to a superior police unit and followed by a special case hearing, while the legal framework does not clearly regulate the finality of SP2LIDIK or the circumstances under which it may be subject to further review. This condition potentially creates legal uncertainty for both complainants and reported parties and may undermine the authority of investigators in making investigative decisions. This study aims to examine the legal status and certainty of SP2LIDIK following a special case hearing and to formulate a normative framework that ensures the finality of the decision without eliminating institutional oversight. This study employs normative juridical research using statutory and conceptual approaches. Secondary legal materials are analyzed qualitatively and prescriptively using Gustav Radbruch's theory of legal certainty as the analytical framework. The findings demonstrate that the existing regulatory framework does not provide clear parameters concerning the finality of SP2LIDIK or the circumstances that justify its reconsideration through a special case hearing. This regulatory ambiguity creates room for divergent interpretations, potentially resulting in legal uncertainty and inadequate protection for the parties and investigators. Therefore, regulatory strengthening is required by establishing that an SP2LIDIK becomes final and binding after the completion of a case hearing, except where new evidence (novum) or substantial procedural violations are identified. Such regulation should be accompanied by limitations on…
creator: Rony Andre Christian Naldo
creator: Henrits Novery Simatupang
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-08-14
publication date: 2026-08-14
volume: 14
number: 2
starting page: 897
ending page: 913
doi: 10.36987/jiad.v14i2.9483

PENGUATAN KAPASITAS LEGISLASI DPRD MELALUI EKSISTENSI TENAGA AHLI DALAM KERANGKA OTONOMI DAERAH
type: item
description: Regional autonomy requires the Regional People's Representative Council (DPRD) to exercise its legislative function effectively, particularly in formulating regional regulations that are legally coherent, responsive to local needs, and consistent with higher legislation. In this context, the existence of expert staff is important because DPRD members do not necessarily possess sufficient technical and legal expertise to support the entire legislative process. This study aims to analyze the normative position and institutional role of expert staff in supporting the legislative function of DPRD and to identify the normative-institutional obstacles that limit their effectiveness. This research employs normative juridical methods using statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary legal materials, which are analyzed qualitatively through institutional analysis. The findings indicate four principal obstacles: limited understanding of the legislative function, inadequate human-resource capacity, ineffective communication between DPRD members and expert staff, and weaknesses in recruitment and selection mechanisms. The novelty of this study lies in constructing these obstacles as institutional problems rather than merely individual deficiencies and in proposing an institutional strengthening model based on competency standards, transparent recruitment, functional coordination, and continuous capacity development. Strengthening expert staff is therefore necessary not merely as administrative support but as an institutional mechanism for improving the quality, consistency, and accountability of DPRD legislative functions. Keywords: DPRD; Expert Staff; Legislative Function; Regional Autonomy; Institutional Capacity
creator: Mangasi L. Simanihuruk
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-08-14
publication date: 2026-08-14
volume: 14
number: 2
starting page: 914
ending page: 933
doi: 10.36987/jiad.v14i2.9490

IMPLEMENTASI PENGADAAN BARANG/JASA BERBASIS GOOD GOVERNANCE DI SEKRETARIAT DPRD KABUPATEN SIMALUNGUN: ANALISIS KENDALA DAN UPAYA PENGUATAN TATA KELOLA
type: item
description: Government procurement of goods and services is an important instrument for supporting the implementation of local government administration, fulfilling public needs, and achieving public welfare. In its implementation, government procurement is not only required to comply with administrative and procedural requirements but must also reflect the principles of good governance, including transparency, accountability, effectiveness, efficiency, fair competition, and legal certainty. This study aims to analyze the implementation of good governance-based government procurement at the Secretariat of the Regional House of Representatives (DPRD) of Simalungun Regency and to identify the constraints affecting its implementation. This research employs a normative juridical method with a prescriptive-analytical approach and a statutory approach (statute approach). The legal materials consist of secondary legal materials obtained through library research and subsequently analyzed using qualitative-deductive analysis. The findings indicate that the implementation of good governance-based government procurement at the Secretariat of the DPRD of Simalungun Regency continues to face five main constraints: regulatory, human resource, managerial and institutional, technical and system implementation, and moral and ethical constraints. These conditions demonstrate that the existence of procurement regulations does not automatically guarantee the realization of good procurement governance. Therefore, strengthening human resource capacity, institutional arrangements, procurement systems, regulatory compliance, and the integrity of relevant stakeholders constitutes an essential prerequisite for achieving government procurement that is transparent, accountable, effective, efficient, and oriented toward public welfare. Keywords: Government Procurement; Good Governance; Local Government; Secretariat of the DPRD; Accountability.
creator: Bahagia Girsang
creator: Rony Andre Christian Naldo
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-08-19
publication date: 2026-08-19
volume: 14
number: 2
starting page: 934
ending page: 946
doi: 10.36987/jiad.v14i2.9505

PERLINDUNGAN HUKUM PEMEGANG POLIS KRESNA LIFE DALAM PERSPEKTIF HUKUM ASURANSI PASCA PUTUSAN MAHKAMAH AGUNG NOMOR 140/K/TUN/2025
type: item
description: This study aims to analyze the forms and effectiveness of legal protection for policyholders of PT Asuransi Jiwa Kresna (Kresna Life) following Supreme Court Decision Number 140/K/TUN/2025, which declared the revocation of the company’s business license by the supervisory authority to be lawful. The research employs a normative legal research method using statutory, case, and conceptual approaches, through the analysis of primary, secondary, and tertiary legal materials. The findings indicate that, normatively, the insurance legal system has positioned policyholders as protected legal subjects and has legitimized the revocation of business licenses as a measure to safeguard the public interest. However, post–final and binding judgment, legal protection tends to be procedural in nature through liquidation mechanisms and has not fully guaranteed the substantive recovery of policyholders’ rights due to the company’s limited assets and the absence of effective guarantee instruments. This condition underscores a gap between the normative guarantees of legal protection and the reality of fulfilling policyholders’ rights. This study provides a critical evaluation of the effectiveness of legal protection for policyholders following the revocation of an insurance company's business license. Keywords: legal protection; policyholders; insurance
creator: Adi Gunawan
creator: Sulistyandari Sulistyandari
creator: Rahadi Wasi Bintoro
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-08-19
publication date: 2026-08-19
volume: 14
number: 2
starting page: 947
ending page: 966
doi: 10.36987/jiad.v14i2.8845

STATUS HUKUM DATA MEDIK SEBAGAI KEKAYAAN INTELEKTUAL: MODEL BARU PERLINDUNGAN DATA MEDIS MILIK PASIEN SEBAGAI KARYA INTELEKTUAL
type: item
description: The digitalization of healthcare services through the implementation of Electronic Medical Records (EMRs) has transformed medical records from administrative documents into strategic health information assets. While this transformation enhances the efficiency, continuity, and quality of healthcare services, it also raises complex legal issues concerning ownership, legal protection, and the utilization of patients' medical data. This study aims to analyze the legal status of medical data within the Indonesian legal system and to formulate a legal protection model that conceptualizes medical data as an object deserving intellectual property-based protection, while maintaining consistency with the principles of health law and personal data protection. This research employs normative legal research using statutory, conceptual, and case approaches through an extensive literature review of legislation, legal doctrines, judicial decisions, and scholarly publications. The study finds that medical data may be construed as a collective intellectual work because they are systematically generated through the professional intellectual activities of healthcare providers, originate from patients' personal health information, and possess legal, social, and economic value. Within this framework, patients remain the primary holders of moral interests over their medical data, healthcare professionals function as professional contributors in generating medical records, and healthcare institutions exercise limited management rights in accordance with statutory obligations. Rather than replacing existing legal regimes, this model complements health law and personal data protection by strengthening legal accountability for unauthorized use and exploitation of medical data. The study concludes that recognizing medical data as an object eligible for intellectual property-oriented legal protection may provide a more comprehensive, adaptive, and equitable framework for protecting patients' ri…
creator: Sartono Sartono
creator: Sandy Marzuqi Rahmat
creator: Gemah Arfiyah
creator: Faozi Jafar
creator: Nurshela Fariska
creator: Asep Sapsudin
rights: Copyright (c) 2026 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-08-27
publication date: 2026-08-27
volume: 14
number: 2
starting page: 967
ending page: 994
doi: 10.36987/jiad.v14i2.8478