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
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BATAS PEMIDANAAN EKSPRESI SIMBOLIK SEBAGAI TINDAK PIDANA MAKAR: KAJIAN YURIDIS SERTA ANALISIS DALAM PERSPEKTIF SOBURAL
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
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SANTET DALAM KUHP BARU: ANALISIS KRIMINALISASI TERHADAP PELAKU YANG MENYATAKAN DIRINYA MEMPUNYAI KEKUATAN GAIB PADA PASAL 252 UNDANG-UNDANG NOMOR 1 TAHUN 2023
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
A JURIDICAL-NORMATIVE INQUIRY INTO THE PROCEDURAL FRAMEWORK OF LEGAL PROTECTION FOR THE POOR TO ACCESS HEALTHCARE IN INDONESIA
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
KEBIJAKAN HUKUM PENGELOLAAN TANAH EKS HAK GUNA USAHA (HGU): STUDI EMPIRIS KONFLIK AGRARIA DI PT BSP
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
ANALISIS PERBEDAAN RATIO DECIDENDI HAKIM DALAM PUTUSAN PERSETUBUHAN SUKA SAMA SUKA OLEH ANAK DI INDONESIA
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 necessary to ensure greater consistency in court decisions, strengthen legal certainty, and enhance the effectiveness of child protection in accordance with the principle of the best interests of the child. Keywords: Ratio decidendi; Child Protection; Consensual Sexual Intercourse Involving Minors; Sexual Violence Crimes; Juvenile Criminal Justice System
PERLINDUNGAN HUKUM KONSUMEN ATAS PENJUALAN ALBUM KPOP PALSU DI E-COMMERCE
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.
INDIKASI KEDARURATAN MEDIS DALAM TINDAK PIDANA ABORSI OLEH TENAGA MEDIS: ANALISIS PUTUSAN NOMOR 36/PID.SUS/2024/PN DPS
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 legally recognized professional authority that could be revoked under Indonesian criminal law. The novelty of this study lies in its comprehensive analysis of the relationship between medical emergency indications, the professional authority of medical personnel, and the application of additional criminal sanctions within the framework of Indonesia's post-reform health law under Law Number 17 of 2023. This study concludes that consistent legal interpretation of medical emergency indications, coupled with strengthened supervision of professional competence among medical personnel, is essential to ensuring legal certainty, protecting patients' rights, and enhancing accountability within the healthcare profession. Keywords: Medical Emergency Indications; Abortion; Medical Personnel; Criminal Liability; Court Decision
LEGAL LIABILITY OF THE SCHOOL OPERATIONAL ASSISTANCE TEAM IN GOODS AND SERVICES PROCUREMENT THROUGH SIPLAH: DEFAULT AND DISPUTE RESOLUTION PERSPECTIVE
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.
PENEGAKAN HUKUM TINDAK PIDANA PERIKANAN DI PERAIRAN SUMATERA SELATAN: ANALISIS HAMBATAN DAN STRATEGI PENGUATAN PENYIDIKAN DITPOLAIRUD
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 institutional capacity of Ditpolairud through improved operational facilities, specialized investigator training, enhanced inter-agency coordination, and continuous legal awareness programs for fishing communities to improve the effectiveness of fisheries crime law enforcement. Keywords: law enforcement; fisheries crime; Water and Air Police; illegal fishing; criminal investigation
ANALISIS YURIDIS PERTIMBANGAN HAKIM IZIN POLIGAMI DAN HARTA BERSAMA (Studi Kasus Perkara Putusan Nomor 2/PDT.G/2025/PA.BBU)
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
PENEGAKAN HUKUM TINDAK PIDANA NARKOTIKA OLEH KEPOLISIAN DAERAH LAMPUNG: ANALISIS HAMBATAN DAN STRATEGI PENGUATAN PENYIDIKAN
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
IMPLEMENTASI PERLINDUNGAN KORBAN KEKERASAN DALAM RUMAH TANGGA MELALUI KEADILAN RESTORATIF DI KEPOLISIAN DAERAH JAWA TIMUR
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 investigation; East Java Regional Police.
PERLINDUNGAN HUKUM INVESTOR ASET KRIPTO DI INDONESIA TERHADAP PRAKTIK MANIPULASI PASAR
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
POLITIK HUKUM DALAM TRANSISI KEKUASAAN: DEMOKRATISASI PEMBANGUNAN HUKUM DARI ERA JOKOWI MENUJU PRABOWO
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
IMPLEMENTASI PENUNTUTAN TERHADAP PENGEDAR SEDIAAN FARMASI ILEGAL BERDASARKAN UNDANG-UNDANG KESEHATAN DI KEJAKSAAN NEGERI TUBAN
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 Office; dominus litis.
PERDAGANGAN KARBON SEBAGAI INSTRUMEN ADVOKASI KEADILAN SOSIAL: TINJAUAN TERHADAP PERLINDUNGAN DAN PEMBERDAYAAN MASYARAKAT LOKAL DALAM KERANGKA PEMBANGUNAN BERKELANJUTAN
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
PERLINDUNGAN HAK MASYARAKAT HUKUM ADAT ATAS TANAH ADAT: STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 47 PK/PDT/2021
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.
PERBANDINGAN PEMBUKTIAN ACTUS REUS DAN MENS REA PADA TINDAKAN PERCOBAAN PERANTARA DALAM TRANSAKSI NARKOTIKA GOLONGAN 1
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
KEPASTIAN HUKUM PENGATURAN ASET KRIPTO DI INDONESIA DAN IMPLIKASINYA TERHADAP PERLINDUNGAN KONSUMEN
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
LAW ENFORCEMENT AGAINST DESTRUCTIVE FISHING IN INDONESIA: JUDICIAL REASONING AND ECOLOGICAL JUSTICE IN JUDGMENT No. 152/Pid.Sus-LH/2025/PN.Pya
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.
PELAKSANAAN RESTITUSI BAGI KORBAN TINDAK PIDANA PENIPUAN INVESTASI DENGAN SKEMA ROBOT TRADING: STUDI KASUS DI LEMBAGA PERLINDUNGAN SAKSI DAN KORBAN (LPSK)
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.
INTERNAL TRANSPARENCY OF POLITICAL PARTIES UNDER INDONESIAN POLITICAL PARTY LAW: A RULE OF LAW PERSPECTIVE ON LAW NUMBER 2 OF 2011
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.
TANGGUNG JAWAB HUKUM INTERMEDIARY DALAM MODERASI KONTEN DIGITAL DI INDONESIA: ANALISIS NORMATIF TERHADAP KEPASTIAN HUKUM, AKUNTABILITAS, DAN PERLINDUNGAN HAK DIGITAL
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 moderation, digital rights, safe harbor, legal accountability.
REFORMASI KITAB UNDANG-UNDANG HUKUM PIDANA DALAM PENANGGULANGAN TINDAK PERUNDUNGAN DI INDONESIA
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.
REKONSTRUKSI FUNGSI PENGAWASAN SYAHBANDAR TERHADAP PRAKTIK SHIP-TO-SHIP TRANSFER (STS) ILEGAL DALAM PENGANGKUTAN BBM BERSUBSIDI: ANALISIS NORMATIF ATAS KESENJANGAN PENGATURAN HUKUM
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 construction