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. hoki138 https://freeallbadgers.plus.com/ https://www.katebushnews.com/ situs slot kepo66
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)
MARITIME AUTONOMOUS SURFACE SHIP (MASS) DAN STUDI NORMATIF TERHADAP TANGGUNG JAWAB NEGARA BENDERA DALAM HUKUM LAUT INTERNASIONAL
Technological advances in the maritime sector have shifted applications from manned ships to Marine Autonomous Surface Ships (MASS) as a form of marine management for international marine innovation. This study aims to analyze the legal status and international regulations on MASS which have long been discussed and how the concept of flag state responsibility in the application of MASS. This study aims to develop international maritime law, especially related to Autonomous Ships. The method in this study is normative research using a statute approach and a literature study approach. In this study it was found that until now there is still a legal vacuum, namely there are no special provisions regulating the application of MASS, but there are several countries such as Japan and Norway that have started to test the application of MASS at the national level. However, in international provisions, there is no convention that discusses the legal status, regulations, and provisions of flag state responsibility related to the MASS Application. Keywords: Marine Autonomous Surface Ships (MASS); Flag State, International Legal Regulations
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PERLINDUNGAN HUKUM TERHADAP MEREK TERKENAL ATAS PERMOHONAN MEREK YANG DIAJUKAN DENGAN ITIKAD TIDAK BAIK (Studi Putusan Nomor 1850 K/Pdt.Sus-HKI/2022)
This research examines the form of legal protection of well-known trademarks in Indonesia in the context of disputes filed in “bad faith”, with a case study of Supreme Court Decision Number 1850 K/Pdt.Sus-HKI/2022 between VANS and OTOVANSCLASSIC trademarks. The purpose of the research is to analyze the effectiveness of the application of legal protection under Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This research uses a normative juridical approach with descriptive-analytical methods sourced from literature studies and secondary data. The results show that the Supreme Court provides appropriate legal protection to VANS by canceling the registration of the OTOVANSCLASSIC trademark which is considered to have similarities in principal and filed in bad faith. This decision is a form of preventive and repressive protection against infringement of rights to well-known trademarks and reflects fair law enforcement. Keywords: well-known trademark; bad faith; legal protection; essential similarity; trademark dispute
IMPLEMENTASI UNCLOS 1982 DALAM PERLINDUNGAN LINGKUNGAN LAUT: STUDI KASUS PENCEMARAN MINYAK DI LAUT BINTAN
Indonesia as a maritime country with two-thirds of its territory being sea faces major challenges in preserving the marine environment, especially due to shipping and oil exploration activities. This study aims to analyze the implementation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in protecting the marine environment in Indonesia through a case study of oil pollution in Bintan waters. The research method used is normative juridical, with an analysis of the provisions of UNCLOS Chapter XII and national regulations, such as the PPLH Law, PP 19/1999, etc. The results of the study shows that Indonesia has ratified the provisions of UNCLOS into national law, but still faces obstacles in law enforcement, coordination between institutions, and supervision in border areas. The repeated cases of oil pollution in Bintan highlight the weak supervision of tanker waste disposal and the need to strengthen the emergency response system. This study recommends increasing international cooperation, harmonizing regulations, and strengthening law enforcement capacity in order to realize the sustainability marine environmental protection in Indonesia. Keywords: Bintan Sea; International Maritime Law; Marine Protection; Oil Pollution.
STRATEGI INDONESIA DALAM MEMPERTAHANKAN KEDAULATAN DI LAUT NATUNA UTARA SETELAH MANUVER TIONGKOK
The increasing tension between Indonesia and China in the South China Sea (SCS), particularly around Indonesia’s Exclusive Economic Zone (EEZ), necessitates an in-depth legal analysis of state responses to foreign violations of sovereign rights. This study aims to identify China’s maneuvers and examine the Indonesian government’s response to these actions in the North Natuna Sea (NNS). This is a normative legal research employing an international legal approach. Data were collected through literature review and analyzed qualitatively using a descriptive-analytical method. The findings indicate that China has conducted systematic and continuous maneuvers in the North Natuna Sea. As a coastal state, Indonesia holds sovereign rights in its EEZ; therefore, in response to any violations by other countries that threaten these rights, the Indonesian government may enforce legal measures and formulate strategic policies to defend and protect the area through diplomacy and maritime defense. Keywords: China Maneuvers; Defense; North Natuna Sea; South China Sea; Sovereign Rights
HAK ATAS KESEHATAN DAN TANGGUNG JAWAB NEGARA: KONSTRUKSI HUKUM DALAM PERLINDUNGAN PASIEN BPJS
The right to health is a constitutionally recognized human right, and its fulfillment through the National Health Insurance (JKN) system is the responsibility of the state. This research aims to analyze and evaluate the effectiveness of legal regulations protecting BPJS patients in guaranteeing the right to health. The study employs a normative juridical approach to examine statutory regulations and an empirical juridical approach to observe their implementation in practice. Secondary data was collected from online media, complaint reports, and social media. The research findings indicate that while the regulations are comprehensive, their effectiveness is hindered by suboptimal implementation. This includes issues such as discrimination against BPJS Class 3 patients, limited facilities, and weak supervision and law enforcement. These disparities impede the achievement of substantive justice in healthcare services. Strengthening law enforcement, internalizing medical ethics, improving the supervisory system, and enhancing patient literacy and participation are therefore necessary. Keywords: Health rights, , National Health Insurance, Legal protection, Discrimination
DINAMIKA HUKUM TINDAK PIDANA PENCEMARAN NAMA BAIK
The aim of this research is to answer two main points of discussion, namely: first, related to the construction of the meaning of the offense of defamation. Second, the development of regulations for defamation offenses. This research uses a doctrinal approach. The sources of legal material for this research are the Criminal Code, Law Number 11 of 2008 concerning Electronic Information and Transactions, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions, and Law Number 19 2024 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions which are then analyzed qualitatively. The construction of the meaning of the offense of defamation in the ITE Law focuses on post-amendment, Articles 27A and 27B provide a more detailed definition of defamation. The development of the regulation of defamation offenses in Indonesia shows legal adjustments to technological advances, starting from the Criminal Code which does not cover electronic media to the ITE Law which regulates pollution via digital media. Defamation is regulated in the new Criminal Code in Articles 344 to Article 346 of the new Criminal Code. Existing developments, both the revision of the 2008 to 2024 ITE Law and the new Criminal Code, show a more specific definition and protection of freedom of expression, balancing the protection of individual reputations with the ever-evolving digital reality. Keywords: Dynamics, Defamation, Electronic Media
UPAYA HUKUM NOTARIS DALAM MENJALANKAN KEWAJIBAN INGKAR SEBAGAI BENTUK PERLINDUNGAN RAHASIA JABATAN
A notary has the position of a public official authorized to draw up authentic deeds required by society in legal acts. In carrying out this role, a notary has the obligation of refusal, namely the obligation to maintain professional secrecy by refusing to provide testimony or disclose information related to a deed or any statement obtained in the course of duty, including during summons or examination by investigators, prosecutors, or judges. This obligation of refusal functions as a legal safeguard for notaries to ensure that professional secrecy is preserved and not misused. The role of the Regional Notary Honorary Council is crucial in this mechanism, as it has the authority to approve or reject requests for summons or examinations of notaries by law enforcement officers. This research applies a doctrinal legal method by examining relevant statutory provisions, doctrines, and literature. The findings show that the obligation of refusal is a legal instrument designed to protect the confidentiality of authentic deeds, while the Regional Notary Honorary Council, through its authority, acts as a filter to protect notaries from being compelled to disclose professional secrets without lawful grounds. Therefore, the obligation of refusal not only safeguards the interests of notaries but also upholds the principle of deed confidentiality to ensure legal certainty and protection for the parties involved. Keywords: Notary, Obligation of Refusal, Protection of Professional Secrecy, Regional Notary Honorary Council
PERLINDUNGAN HUKUM BAGI KONSUMEN ATAS PRAKTIK TUKANG GIGI DI LUAR WEWENANG DI KABUPATEN KUTAI KARTANEGARA
The existence of traditional dental practitioners (tukang gigi) is often considered an alternative dental care option for lower-middle-class communities, although such practices are generally unlicensed and exceed the authority granted by law. This study aims to analyze two main issues: first, the forms of legal protection for consumers against unauthorized dental practices in Kutai Kartanegara Regency; and second, the legal remedies available to consumers harmed by such practices. This research applies a socio-legal approach, collecting empirical data through interviews with various parties, including traditional dental practitioners in Kutai Kartanegara Regency, consumers who suffered losses, the Kutai Kartanegara Health Office, the Consumer Dispute Settlement Agency (BPSK) of Samarinda City, and dentists who have treated patients previously handled by tukang gigi. The findings reveal that unauthorized dental practices, such as tooth filling, extraction, braces installation, and veneer application, can be classified as unlawful acts (onrechtmatige daad) under Article 1365 of the Indonesian Civil Code. These acts cause both material and immaterial losses to consumers, thereby requiring legal protection under Law No. 8 of 1999 on Consumer Protection and relevant civil law provisions. With effective protection mechanisms and legal remedies, consumers are expected to obtain legal certainty and fair accountability for the losses suffered. Keywords: Consumer Protection, Traditional Dental Practitioners, Unlawful Act, Liability.
PRAKTIK PREDATORY PRICING DALAM SEKTOR E-COMMERCE: TINJAUAN TERHADAP UNDANG-UNDANG NOMOR 5 TAHUN 1999
The rise of digital business and technological advancement has shifted conventional economic practices to digital platforms, with e-commerce often dominated by companies using strategies like predatory pricing to maintain market control. Such practices, including flash sales and free shipping, are challenging to regulate due to difficulties in gathering sufficient evidence. This study employs a socio-legal research method, with data from interviews and legal materials, identifying three key indicators of predatory pricing: sales below production cost, competitor exit, and subsequent price increases. Although Indonesia's Business Competition Supervisory Commission (KPPU) enforces competition laws, evidence challenges and legal interpretation complexities remain. Policy reform and capacity-building efforts are essential for effective oversight in this evolving digital landscape. Keywords: E-commerce;Legal Supervision;Predatory Pricing
Analisis Politik Hukum Terhadap Penegakan Hukum Restoratif Dalam Kitab Undang-Undang Hukum Pidana Baru
This research aims to analyze the role of legal politics in the establishment of the new Penal Code (KUHP) in Indonesia, which reflects the values of Pancasila and human rights, as well as the application of restorative justice. The research method used is normative legal research with a legislative approach, through document studies and qualitative analysis of relevant legal sources. The findings indicate that although the new KUHP focuses on rehabilitation and justice, challenges in its implementation still exist, particularly regarding the formalistic approach of law enforcement officials. Enhancing the capacity and understanding of law enforcement regarding the new principles in the KUHP is crucial to creating a more responsive, fair, and humane justice system in line with the aspirations for social justice in Indonesia. Keywords: Legal Politics; KUHP; Restorative Justice
ANALISIS YURIDIS PEMBUATAN AKTA ELEKTRONIK OLEH PPAT DALAM PERSPEKTIF PP 18/2021: PELUANG, TANTANGAN, DAN IMPLIKASI TERHADAP KEPASTIAN HUKUM
Article 86 of Government Regulation (PP) No. 18 of 2021 opens opportunities for the making of electronic deeds by Land Deed Officials (PPAT), yet it raises juridical issues due to the use of the term “may,” which creates uncertainty regarding which types of deeds are permitted and what format of electronic deeds is legally valid. On the one hand, this regulation represents progress toward the digitalization of land services and has the potential to improve public service efficiency. On the other hand, the absence of specific provisions governing electronic face-to-face procedures, deed reading mechanisms, and system security standards presents serious challenges to implementation. This study employs a doctrinal juridical method by examining relevant regulations, including PP 18/2021, PP 71/2019, Ministry of Agrarian Affairs and Spatial Planning/National Land Agency Regulation (Permen ATR/BPN) No. 20/2021, and Permen ATR/BPN No. 3/2019, supported by interviews with PPAT. The findings indicate that the implementation of electronic deeds by PPAT will inevitably take place sooner or later; however, the current lack of regulatory clarity has the potential to hinder legal certainty. Therefore, the establishment of specific regulations governing technical procedures, electronic system standards, and legal protection is crucial to ensure that the implementation of electronic deeds not only provides efficiency opportunities but also guarantees legal certainty for all parties. Keywords: Electronic Deeds, PPAT, Legal Certainty, PP 18/2021
PROBLEMATIKA KEABSAHAN PERKAWINAN BEDA AGAMA: KAJIAN NORMATIF DAN IMPLIKASINYA DALAM PRAKTIK HUKUM DI INDONESIA
Interfaith marriage refers to the union between two individuals of different religions and beliefs who agree to establish a marital relationship. In Indonesia, this issue raises legal and sociological debates concerning legal certainty, validity, and the fulfillment of citizens’ constitutional rights. In practice, many interfaith couples seek court approval to obtain a legal determination of their marriage, as reflected in the Surabaya District Court Decision Number 916/Pdt.P/2022/PN.Sby. This study employs a doctrinal method with a comparative law approach to analyze the regulation of interfaith marriage in Indonesia, judicial reasoning in deciding such cases, and its implications for the legal status of children born from these marriages. The findings reveal that interfaith marriage is essentially invalid under Article 2 of Law Number 1 of 1974 on Marriage, which requires that the validity of a marriage must be conducted in accordance with the religion and belief of each party. This creates legal problems, both in terms of legal certainty for the couple and the protection of children’s rights, thereby necessitating further consideration of alternative regulatory frameworks aligned with constitutional principles and Indonesia’s societal pluralism. Keywords: Interfaith Marriage; Legal Validity; Legal Implications
IMPLEMENTASI SERTIPIKAT ELEKTRONIK DI INDONESIA: ANALISIS KENDALA DAN PERBANDINGAN DENGAN AUSTRALIA
The implementation of electronic land certificates in Indonesia is still facing various obstacles that hinder the full realization of this policy. As part of the digital reform in land administration, the government has issued Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Regulation No. 3 of 2023 on the Issuance of Electronic Documents in Land Registration Activities. However, its enforcement has not been optimal due to technical, regulatory, and institutional challenges. In contrast, Australia has successfully implemented electronic land certificates since 2011, initiated through the Inter-governmental Agreement (IGA), which established regulatory harmonization among its states and territories. This article aims to analyze the challenges of implementing electronic certificates in Indonesia and to examine Australia’s experience as a comparative reference. The research applies a normative juridical method using statutory and comparative approaches. The findings highlight that Indonesia may learn from Australia’s experience, particularly in terms of regulatory harmonization, technological infrastructure readiness, and the enhancement of public legal literacy to support the successful adoption of electronic land certificates. Keywords: Electronic Certificates; Implementation; Land Registration; Comparative Law.
PERAN PENDIDIKAN HUKUM DALAM MENINGKATKAN KESADARAN DAN KETAATAN HUKUM MASYARAKAT DI INDONESIA
This study aims to analyze the role of legal education in enhancing legal awareness and compliance of society in Indonesia. The research employs a normative juridical method using a statute approach and a conceptual approach through the examination of scholars’ opinions. The data consist of primary, secondary, and tertiary legal materials, which were analyzed qualitatively through stages of data reduction, classification, interpretation, presentation, and conclusion drawing. The findings indicate that legal education, both through formal and non-formal channels, significantly contributes to fostering law-abiding citizens. First, legal education develops public knowledge of the principles of the rule of law in Indonesia. Second, it strengthens understanding of the content, objectives, benefits, and sanctions of legal rules. Third, it cultivates a positive attitude toward law based on accurate knowledge and comprehension. Fourth, it encourages consistent behavior in upholding legal norms and regulations. Therefore, legal education plays a strategic role in improving legal awareness and ensuring compliance with the law, ultimately contributing to the realization of a law-abiding society in Indonesia. Keywords: Legal Education; Legal Awareness; Legal Compliance; Indonesia
ETIKA PROFESI POLISI DAN KEPERCAYAAN MASYARAKAT: STUDI ATAS INTEGRITAS PENEGAKAN HUKUM
Trust in the performance of law enforcement officers, especially the police, is experiencing a crisis due to several actions taken that are not in favor of the community. This study aims to describe the public's response to the professional ethics of the police in carrying out their duties and authorities. The research data are public opinions regarding the police in carrying out their duties in the community. Data collection was carried out using an in-depth interview method with an accidental technique. Data validation techniques were carried out using triangulation to test the validity of the data. Analysis was carried out using an interactive method based on the results of in-depth interviews. The results of the study are (1) a positive public response to the police in protecting and caring for the community, especially in creating a sense of security from criminal acts in the community, (2) negative public response to the police who still commit irregularities, especially related to the practice of extortion and arrogance in law enforcement, and (3) the implementation of police duties is considered not to be in accordance with the professional code of ethics, so professionalism is required in every implementation of their duties. Keywords: professional ethics; public trust; law enforcement; duties; authority.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA JUDI ONLINE DI INDONESIA: ANALISIS NORMATIF
Ease of access to information contributes to cybercrime, and online gambling is a major activity that negatively affects online gamblers. The advancement of technology also makes it harder for the Indonesian government to track these websites. This study takes a qualitative approach, focusing on legal methods by examining current legal norms, especially those related to online gambling crimes. The study found that law enforcement carries out actions such as arresting and detaining individuals or agents involved in online gambling in Indonesia. To combat online gambling effectively, there needs to be strong cooperation among law enforcement, the government, and the community to reduce its negative effects. This enforcement is clearly outlined in Indonesia's laws and regulations. However, challenges like rapid technological advances and easy access to information and communication complicate the efforts to eliminate online gambling in Indonesia. Keywords: Criminal Law; Law Enforcement; Online Gambling
RATIO DECIDENDI DALAM PEMIDANAAN PELAKU PEMBUNUHAN BERENCANA (STUDI PUTUSAN NOMOR 44/Pid.B/2014/PN SEMARAPURA dan 349/Pid.B/2023/PN SLEMAN)
This study raises the issue of Decision Number 44/Pid.B/2014/PN.Srp and Decision 349/Pid.B/2023/PN.Smn related to the judge's ratio decidendi in both cases so that it can find things that differentiate why the verdicts can be different. This writing uses the normative juridical legal method. The findings of the study found that based on Article 340 of the Criminal Code, the perpetrator of premeditated murder will be threatened with the most severe sanction, namely the death penalty. The elements of premeditated murder have three conditions. First, there is intent accompanied by prior planning. Second, there is sufficient time for a person to think from the emergence of the will to the implementation of the will. Third, the act is carried out in a calm state. This study aims to determine the judge's ratio decidendi in imposing criminal sanctions on perpetrators of premeditated murder in the study of Decision 44/Pid.B/2014/PN.Srp and Decision 349/Pid.B/2023/PN.Smn. Keywords: Premeditated Murder, Mens rea, Ratio decidendi
PENEGAKAN HUKUM TERHADAP PELANGGARAN HAK EKSKLUSIF PENCIPTA FILM PADA PENYEDIA LAYANAN SITUS STREAMING DI INTERNET
Streaming Service Provider is a method of sending files in the form of video or audio that can be widely enjoyed by the public via the internet network from one computer to another and can be downloaded freely without any time limits. The purpose of this study is to be a reference for law enforcement in implementing fair, certain, and beneficial rules. The problem in this thesis is in the actions of perpetrators of violations of exclusive copyright of copyright who upload or distribute films. The results of this study found that the act of uploading films on one of the nobar24 streaming sites has fulfilled the elements of committing an act of violating the exclusive rights of the creator because the film is a cinematographic work protected in Article 40 letter m of the Copyright Law Number 28 of 2014. As for legal efforts that can be taken by the creator or copyright holder if there is a problem or dispute regarding copyright, dispute resolution can be done through non-court channels, in the form of alternative dispute resolution, arbitration or through the courts. Keywords: Exclusive Rights; Film; Website
POLITIK HUKUM TERHADAP INTEGRASI KEADILAN RESTORATIF DALAM PRAKTIK PENEGAKAN HUKUM DI INDONESIA
This study provides a critical perspective on the role of legal policy actors in shaping the restorative justice paradigm in Indonesia. Criminal justice reform in Indonesia requires the implementation of restorative justice concepts. This study aims to evaluate the role of legal policy in guiding the adoption of restorative justice and to assess the compatibility of restorative policies with national criminal law principles. The research method used is normative qualitative, employing a document study approach that includes analysis of the Criminal Procedure Code (KUHAP), Supreme Court Regulations, and Police Chief Regulations. The results of the study indicate that the regulatory framework has provided substantive support, but the effectiveness of implementation is still hampered by technical guidelines that are not yet detailed, uneven distribution of resources, and the tendency of law enforcement officials to use a retributive approach. The findings also reveal that the integration between formal and informal mechanisms is not yet optimal, so that the protection of victims' rights and the principle of proportionality of restorative intervention are not consistently applied. Keywords: Legal politics; Restorative Justice; Criminal Justice System.
PEMENUHAN HAK-HAK ANAK SEBAGAI KORBAN KEKERASAN SEKSUAL OLEH PENGEMUDI OJEK ONLINE (STUDI PUTUSAN NOMOR 455/PID.SUS/2024/PN. SBY)
This study addresses the issues in Decision Number 455/Pid.Sus/2024/PN Sby concerning the judge's considerations in fulfilling the rights of a child victim of sexual crimes committed by an online motorcycle taxi driver. This paper employs normative legal research methods. The findings indicate that the panel of judges based their fulfillment of the victim’s rights on both juridical and non-juridical considerations. Juridical aspects include the indictment by the public prosecutor, the defendant’s testimony, witness statements, submitted evidence, and provisions within criminal law. Non-juridical aspects encompass the defendant’s background, the impact of the offense, the defendant’s personal circumstances, and the surrounding socio-economic conditions. The judge’s considerations in rendering the verdict are deemed to have not fully fulfilled the sense of justice for the victim. Keywords: Child; Fulfillment of Rights; Judicial Consideration; Sexual Violence Crime
DOXING TERHADAP PEREMPUAN DI MEDIA SOSIAL: ANALISIS HUKUM BERPERSPEKTIF GENDER
The phenomenon of doxing in Indonesia has been increasing alongside the rapid development of digital technology, with women being the most vulnerable group due to power relations and gender bias. Doxing refers to the dissemination of personal data without consent for harmful purposes, including intimidation, harassment, or revenge. This study aims to analyze legal protection for women victims of doxing on social media from a gender perspective. The research employs a descriptive qualitative approach through document analysis, participatory observation, and interviews with seven victims of online gender-based violence (OGBV) and doxing. The findings reveal that doxing takes various forms, including cyberstalking, the dissemination of personal photos, manipulation of pornographic content, and threats. Victims experience psychological trauma, social stigma, and educational barriers. Legally, protections under the Electronic Information and Transactions Law (UU ITE), the Sexual Violence Crime Law (UU TPKS), and the Personal Data Protection Law (UU PDP) remain suboptimal, as doxing is not explicitly regulated and enforcement remains weak. A gender perspective is essential to ensure that legal protections are more responsive to the needs of women victims. This study recommends gender-based policy reformulation, the strengthening of digital literacy, the establishment of a specialized institution for handling digital violence, and psychosocial support for victims. Keywords: Doxing; Women; Online Gender-Based Violence; Legal Protection; Social Media
Analisis Yuridis Terhadap Pemungutan Pajak Pertambahan Nilai atas Penjualan Emas Perhiasan di Kota Samarinda
The Value Added Tax (VAT) on gold jewelry requires merchants to calculate, deposit, and report the amount of tax payable independently (self-assessment) in accordance with prevailing tax regulations. However, in Samarinda City, several gold shops have yet to comply with this obligation. This study employs a non-doctrinal/empirical approach using both primary and secondary data. The research focuses on the inhibiting factors in the collection of VAT on gold jewelry sales and its legal implications. The findings reveal that the main obstacles are the low participation of taxpayers due to limited awareness of taxation obligations related to gold jewelry as a taxable object, as well as weak systems of recording and monitoring the number of gold shops subject to tax. From the law enforcement perspective, the lack of time and human resources among tax officials further hampers the optimization of VAT collection. These findings highlight the necessity of improving taxpayer awareness, strengthening monitoring systems, and enhancing the capacity of tax authorities to ensure the effectiveness of VAT collection on gold jewelry sales in Samarinda City. Keywords: Implications; Value Added Tax; Jewelry
PERLINDUNGAN HAK ASASI MANUSIA BAGI KARYAWAN PERUSAHAAN MILITER DAN KEAMANAN SWASTA: ANALISIS HUKUM NORMATIF DALAM PERSPEKTIF HUKUM INTERNASIONAL DAN NASIONAL
This study examines the legal basis for Human Rights Protection of Private Military and Security Company (PMSC) employees. Despite frequent violations of their rights, no binding international law currently regulates this matter. The purpose is to identify the existing legal framework and potential measures to enhance protection. This research applies a normative juridical (doctrinal) method by analyzing international humanitarian law, human rights instruments, and comparative approaches. The findings reveal that the absence of binding law leads to legal uncertainty and vulnerability for PMSC employees, with several documented cases of human rights violations. The study concludes that strengthening international instruments and harmonizing national laws are crucial to ensure effective human rights protection for PMSC employees. Keywords: Human Rights; Humanitarian Law; Private Military and Security Company; Workers’ Rights
TINJAUAN KONSTITUSIONAL TERHADAP PROSEDUR LEGISLASI DAN SUPREMASI SIPIL DALAM REVISI UNDANG-UNDANG TENTARA NASIONAL INDONESIA
This study aims to evaluate the conformity of the legislative process and the substantive content of Law Number 3 of 2025, which amends Law Number 34 of 2004 concerning the Indonesian National Armed Forces (TNI), with the principles of proper law-making, the rule of law, and civilian supremacy as enshrined in the 1945 Constitution of the Republic of Indonesia. Using a normative juridical approach, the research finds that the legislative process for the TNI Law revision did not fully adhere to the principles of legality, transparency, and public participation, as regulated by Law Number 12 of 2011 in conjunction with Law Number 13 of 2022. The substance of the revision also raises concerns regarding the principles of civilian supremacy and the rule of law, particularly due to the expanded role of the TNI in civilian affairs without sufficient oversight and the allowance of active military officers to occupy strategic civil positions without retirement mechanisms. These findings indicate formal defects in the TNI Law revision that may threaten democratic principles, accountability, and the integrity of the national legal system.This research contributes to the development of constitutional law studies and strengthening the principle of civil supremacy in the legislative process. Keywords: TNI, civilian supremacy, legislation, democracy
IMPLIKASI HUKUM HAK TANGGUNGAN BAGI KREDITOR SEPARATIS DALAM PROSES KEPAILITAN DEBITOR: STUDI PUTUSAN NO. 20/PDT.SUS-GUGATAN LAIN-LAIN/2023/PN.NIAGA.SMG
The position of secured creditors in Indonesian bankruptcy law raises critical issues regarding the limits of execution rights and the protection of stakeholders’ interests. This study specifically examines these dynamics through the case study of Decision Number 20/Pdt.Sus-Gugatan Lain-Lain/2023/PN.Niaga.Smg. Using a normative juridical approach, the research analyzes the execution rights of secured creditors, particularly holders of security rights, within the framework of prevailing bankruptcy law. The findings reveal that although secured creditors enjoy privileged rights, their enforcement is subject to strict legal procedures, including a 90-day execution moratorium following the bankruptcy ruling. These results highlight a shift in Indonesian bankruptcy law toward a more responsive and adaptive system, functioning not only as a debt resolution mechanism but also as an instrument to maintain economic balance and social justice Keywords: Bankruptcy; Separatist Creditors; Mortgage Rights
EFEKTIVITAS IMPLEMENTASI PERATURAN MAHKAMAH AGUNG TENTANG RESTITUSI DALAM KASUS TINDAK PIDANA PERDAGANGAN ORANG DI KOTA SAMARINDA
Human trafficking is a violation of human rights that requires state protection, one of which is through the provision of restitution to victims. The Supreme Court Regulation (PERMA) Number 1 of 2022 regulates the restitution mechanism; however, in Samarinda, no victims have yet submitted such claims. This study aims to examine the implementation of PERMA 1/2022 and analyze the obstacles that hinder victims from exercising their right to restitution. Using a socio-legal approach supported by literature review, the research involves law enforcement officers, the Witness and Victim Protection Agency (LPSK), and social institutions as its primary subjects. The findings show that the implementation of PERMA in Samarinda has not been optimal. The main obstacles include weak communication between law enforcement officers and victims, limited outreach, and victims’ lack of understanding of their right to restitution. Academically, this research contributes by highlighting gaps in the restitution mechanism and offering policy recommendations for strengthening institutional coordination, enhancing victim protection, and improving the effectiveness of restitution implementation in Indonesia. Keywords: Implementation; Human Trafficking; Restitution; LPSK; Law Enforcement
ANALISIS AKIBAT HUKUM PELANGGARAN NETRALITAS APARATUR SIPIL NEGARA SEBAGAI TINDAK PIDANA PEMILU
This study analyzes the legal consequences for Civil Servants (ASN) who violate the principle of neutrality in general elections under Law No. 7 of 2017 on Elections and Law No. 20 of 2023 on Civil Servants. The research employs a normative legal method using statutory and conceptual approaches, supported by qualitative analysis of primary and secondary legal sources. The findings indicate that civil servants proven to breach neutrality may face both administrative and criminal sanctions. However, the effectiveness of enforcement remains weak due to limited institutional coordination between election supervisory bodies and civil service agencies, as well as political interference in the process. This research contributes by proposing a model for strengthening integrated supervision mechanisms grounded in bureaucratic integrity and the independence of oversight institutions. Accordingly, it emphasizes the urgency of reformulating supervision policies to ensure that neutrality functions as a foundational element of democratic integrity. Keywords: Election; Civil Servant Neutrality; Legal Consequences; Law Enforcement.
KEDUDUKAN HUKUM SUB HOLDING DALAM RESTRUKTURISASI BUMN: STUDI KASUS PT SINERGI GULA NUSANTARA
The construction of state-owned enterprise (SOE) group companies creates a legal relationship between parent and subsidiary entities with significant juridical implications. This study aims to analyze the legal aspects of establishing PT Sinergi Gula Nusantara (PT SGN) as a subholding under the Plantation SOE Holding. The research employs a normative legal method with statutory, case study, and conceptual approaches. The findings show that the establishment of PT SGN is based on Law No. 40 of 2007 on Limited Liability Companies, carried out through acquisition and spin-off mechanisms. Although PT SGN and PTPN III stand as separate legal entities, PTPN III, as the majority shareholder, retains controlling authority over PT SGN within the holding structure. The legal consequence of this arrangement is the transfer of sugar business assets from PTPN to PT SGN, granting PT SGN full responsibility for management, while PTPN III bears limited liability in line with the principles of corporate law. This research contributes to the development of corporate law in Indonesia by highlighting the need for a clearer legal framework in SOE restructuring through subholding models and by offering new insights into balancing authority and responsibility between parent and subsidiary companies. Keywords: SOE; Company; Restructuring; Subholding
JURIDICAL IMPLICATIONS OF THE UTILIZATION OF COASTAL BOUNDARIES BY TOURISM ENTREPRENEURS IN TANJUNG BIAS WEST LOMBOK
This study aims to find out and analyse the use and impact of beach areas that are not in accordance with laws and regulations as tourism support. The methods used in this study are normative and empirical legal methods with legislative, conceptual, case, and sociological approaches. The results of this research show that the act of privatization and the use of beach areas in West Lombok, especially in Tanjung Bias Beach, where culinary entrepreneurs in the form of cafes, restaurants and hotels tend to have an impact that results in a decrease in the function of coastal boundaries, which is characterized by the narrowing and pollution of the beach. This is certainly contrary to Regional Regulation Number 11 of 2011 concerning the Regional Spatial Plan of West Lombok Regency, that the spatial pattern plan has been determined as a tourism strategic area and an economic strategic area. Keywords: Juridical implications; Coastal Borders; Utilization, Tourism
DISCREPANCIES IN THE APPLICATION OF BANKRUPTCY LAW IN AUCTION PRACTICES BY SECURED CREDITORS: LESSONS FROM DECISION No. 15/2023/PN.Niaga.Smg
The execution of collateral by secured creditors is a special right regulated under Article 59 paragraph (1) UU 37/2004, which stipulates that execution may only be carried out no later than two months after the insolvency period begins. However, violations of this provision frequently occur, creating legal uncertainty for bankrupt debtors. This study aims to analyze the judicial considerations in Commercial Court Decision No. 15/Pdt.Sus-Gugatan Lain-lain/2023/PN.Niaga.Smg concerning the determination of the insolvency period and the execution of collateral by secured creditors. Using a normative juridical approach, this research emphasizes secondary data obtained through literature study, analyzed qualitatively. The results show that executions conducted after the insolvency period violate Article 59 paragraph (1) and may constitute an unlawful act. Bankrupt debtors have the right to pursue further legal remedies such as cassation and judicial review. Strengthening regulations and technical guidelines is needed to enhance legal certainty and protection in bankruptcy practice. Keywords: Bankruptcy, Collateral Execution, Insolvency Period
ANALISIS NORMATIF TERHADAP PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2018 DALAM PERSPEKTIF PRINSIP HUKUM ACARA PIDANA
The Supreme Court Regulation (Perma) Number 1 of 2018 was enacted to regulate the procedures for resolving electoral and election-related criminal cases in order to ensure a judicial process that is fast, simple, and low-cost. However, the implementation of this regulation raises concerns from the perspective of criminal procedural law principles, particularly regarding the guarantees of fair trial, legal certainty, and judicial professionalism. This study aims to analyze the conformity of the norms contained in Perma No. 1 of 2018 with the fundamental principles of criminal procedural law. The research employs a normative juridical method with statutory and conceptual approaches by examining relevant legislation, legal principles, and doctrines. The findings indicate that the seven-day time limit for case resolution potentially undermines the fair trial principle, as it restricts the scope of evidence examination and the defendant’s right to defense. Furthermore, the provision allowing special judges to handle other cases simultaneously risks reducing judicial independence and procedural effectiveness. Therefore, this study recommends revising Perma No. 1 of 2018 to strengthen substantive justice, legal certainty, and judicial professionalism in the adjudication of election-related criminal cases Keywords: Supreme Court Regulation; Criminal Procedure Law; Fair Trial; Election Crime
SINKRONISASI PENGATURAN KEDUDUKAN BOEDEL PAILIT SEBAGAI BARANG BUKTI DALAM SISTEM HUKUM KEPAILITAN DAN HUKUM PIDANA DI INDONESIA
This study aims to analyze the synchronization of regulations concerning the legal status of a bankrupt debtor’s assets (boedel pailit) as evidence within Indonesia’s bankruptcy and criminal law systems. The issue arises from the overlap of authority between the curator, who is responsible for managing the bankrupt estate for the benefit of creditors, and the investigator, who holds the authority to seize evidence in criminal proceedings. This research employs a normative juridical method using statutory and conceptual approaches, by examining relevant laws and regulations such as the Bankruptcy Law and the Indonesian Criminal Procedure Code (KUHAP), as well as scholarly opinions. The findings reveal that there is insufficient synchronization between bankruptcy law and criminal law, potentially resulting in legal uncertainty and conflicts of authority in practice. Therefore, clearer and more integrated regulation is required to ensure a balance between the objectives of criminal law enforcement and the protection of creditors’ rights in bankruptcy proceedings. Keywords: Legal Synchronization; Bankrupt Estate; Evidence; Bankruptcy Law; Criminal Law
REFORMASI PARTAI POLITIK DALAM SISTEM KETATANEGARAAN INDONESIA: ANALISIS NORMATIF DAN KELEMBAGAAN
Political parties play a vital role in Indonesia’s constitutional system, particularly in fulfilling democratic functions such as political participation, leadership recruitment, and policy formulation and oversight. However, in the post-reform era, political parties continue to face persistent internal and external challenges that weaken their strategic role in sustaining democratic governance. This study employs a normative-juridical and comparative approach, drawing upon statutory analysis, scholarly literature, and institutional practices of political parties in Indonesia and selected democratic countries. The findings reveal that the stagnation of political party reform is primarily driven by the weakness of political education, the lack of internal democracy, and limited financial transparency. The study concludes that amending Law No. 2 of 2011 on Political Parties is essential to strengthen institutional integrity and public accountability. Its main scholarly contribution lies in proposing a conceptual model of “three pillars of party reform”—political education, internal democratization, and financial transparency—which can serve as a normative framework for designing a more adaptive, inclusive, and civilized party system within Indonesia’s democracy. Keywords: Democratization; Political Parties; Reform, Transparency
EKSISTENSI HUKUM YANG BERLANDASKAN KONSTITUSI DI INDONESIA
The constitution is the basic law and the highest law in a country, every citizen and state power organizer must submit to the constitution which is the guideline in state life. The existence of the constitution as one of the elements of the state reflects a state of law because in the constitution it regulates the protection of human rights, the existence of the principles of freedom, equality, openness, justice and the existence of limitations on the power of state organizers so that the law as a rule is not something that just comes, but the law comes from society which is used to regulate the form of relations between humans so that humans cannot escape from the bonds that exist in the midst of social life, and therefore, it is a reality that must be recognized that where there is society, there must be laws that are based on the constitution Keywords: Existence, Law, Constitution, State
DEPORTASI ANAK DALAM KONFLIK RUSIA–UKRAINA: ANALISIS PERTANGGUNGJAWABAN HUKUM SEBAGAI KEJAHATAN PERANG
This study examines the legal accountability for the deportation of children in the Russia–Ukraine armed conflict, which has been recognized as a war crime under international law. Reports indicate that 16,000 to 19,000 Ukrainian children have been forcibly deported to Russia. Using a doctrinal legal method with a statute and literature approach, this research analyzes the responsibility of both the state and individuals. At the state level, accountability is based on the Geneva Convention IV of 1949 and the Articles on Responsibility of States for Internationally Wrongful Acts, which obligate states to provide restitution, compensation, or satisfaction for internationally wrongful acts. Sanctions imposed by other states may include trade embargoes, investment restrictions, and asset freezes. At the individual level, international criminal law, particularly Article 25 of the Rome Statute, holds leaders personally accountable for direct or indirect involvement in war crimes, as exemplified in past prosecutions of Omar Al-Bashir, Slobodan Milosevic, and Jean Paul Akayesu. The findings emphasize that deportation of children in the Russia–Ukraine conflict constitutes both state and individual responsibility, requiring effective international enforcement to ensure justice and deterrence. Keywords: Child Deportation; Individual Responsibility; State Responsibility; Russia–Ukraine