Jurnal Ilmiah Advokasi (JIAD) is a double-blind peer-reviewed academic journal published by Universitas Labuhanbatu, North Sumatera, Indonesia. The journal welcomes submissions from around the world and aims to strengthen the collaboration and networking among academics and researchers from various fields of law. Authors can share new insights and discoveries based on their research studies as well as critically discuss the implications of theories or past studies. Jurnal Ilmiah Advokasi (JIAD) is now indexed in Google Scholar, SINTA 4, GARUDA, CROSSREF, and DIMENSIONS. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Family Law Economic/Commercial Law; Medical Law; Traditional Law; Environmental Law Starting in 2024, Jurnal Ilmiah Advokasi (JIAD) is published four times in a year (March, July, September, and December). The journal aims to provide timely and regular publication of high-quality research in the relevant fields of study. slot online raja slot slot gacor judi bola Slot88 slot online slot gacor scatter hitam slot deposit 5000 Slot777 raja slot slot mahyong Slot777 raja slot slot deposit 5000 maincuan maincuan slot zeus STM88 slot resmi slot gacor malam ini slot maxwin slot thailand stm88 Slot Depo 10k Agen Bola sbobet88 sbobet slot gacor slot gacor raja slot togel hk live draw hk slot gacor stm88 stm88 stm88
All publications by Jurnal Ilmiah Advokasi [P-ISSN: 2337-7216] [E-ISSN: 2620-6625] is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License (CC BY - NC - SA 4.0)
PERLINDUNGAN HUKUM BAGI NASABAH ATAS KEHILANGAN SALDO DALAM LAYANAN BANK DIGITAL DI INDONESIA
Despite offering conveniences, digital bank services also pose a risk to customers, one of which is loss of balance. This research aims to analyze the forms of losses experienced by customers as well as the legal protection available to customers in cases of balance loss. The method used is normative juridical research with uses normative juridical research through a statutory regulation approach, case approach and conceptual approach. Data is collected through literature study and analyzed descriptively. The research results show that the forms of loss resulting from the loss of customer balances are material losses and immaterial losses, but the bank only provides responsibility in the form of compensation for material losses after a court decision states that the bank must be responsible for its actions. On the other hand, forms of legal protection for customers are provided through preventive and repressive efforts. Preventive protection is provided through statutory regulations and the Bank Agreement. On the other hand, repressive protection is provided through the imposition of sanctions to restore the situation, such as providing compensation to administrative sanctions. This research is expected to contribute to enhancing knowledge of customer rights and encourage a comprehensive regulation and protection mechanism to ensure customer protection. Keywords: Legal Protection, Customers, and Digital Bank Services
Copyright (c) 2025 JURNAL ILMIAH ADVOKASI https://creativecommons.org/licenses/by-nc-sa/4.0
ASPEK HAK CIPTA KARYA KECERDASAN BUATAN DALAM PEMERINTAHAN DI INDONESIA
This study examines the copyright aspects of artificial intelligence (AI) works in government in Indonesia, highlighting the legal standing, creator status, and field practices, as well as the regulatory challenges faced. This study uses a normative juridical method with an analysis of relevant laws and case studies of AI practices in government. The research findings indicate that artificial intelligence (AI) works used in government still face legal gaps regarding copyright protection. Furthermore, there is a tension between the principles of public information transparency and intellectual property protection for AI outputs, as well as the potential for copyright infringement on input data used by AI. Therefore, the development of an adaptive and comprehensive legal framework is needed so that copyright protection for artificial intelligence (AI) works in the government sector can be realized fairly and proportionally. Keywords: Copyright, Artificial Intelligence, Works, Government
RATIO LEGIS DAN PROBLEMATIKA PENERAPAN UANG PENGGANTI DALAM TINDAK PIDANA KORUPSI SEBAGAI UPAYA PEMULIHAN KERUGIAN NEGARA
A criminal corruption verdict not only imposes a basic punishment in the form of imprisonment and fines, but also imposes an additional punishment in the form of compensation with subsidiary punishment for who are unable to pay the compensation. This study aims to analyze the implementation of subsidiary punishment for compensation payments in corruption cases in Indonesia and to develop a concept of the ratio legis for subsidiary compensation payments for the recovery of state losses. The research method used is normative juridical which use the law as stated in legislation (law in books) descriptively by providing an overview and analysis of the implementation of legislative provisions based on applicable legal provisions in relation to legal theory and the practice of positive law. Based on the results of the research that subsidiary punishment compensation has not been effective, as evidenced by the emergence of various issues in court rulings. The ratio legis of subsidiary compensation payments is based on the absence of guidelines for imposing subsidiary penalties, which leads to disparities in verdicts and imbalances between the amount of compensation and subsidiary penalties. This weak concept causes problems in law enforcement, particularly in relation to the effectiveness of the implementation and execution of compensation payments. The original contribution of this research lies in the use of ratio legis as the basis for drafting new guidelines for imposing subsidiary punishment in corruption crimes who approach offers a normative solution in the form of guidelines that are more proportional, consistent with substantive justice, legal certainty, and the effectiveness of corruption eradication. Keywords: State Losses; Corruption; Subsidiary Punishment.
UPAYA HUKUM DAN PEMULIHAN HAK SAHAM MINORITAS PASCA PUTUSAN PENGADILAN: STUDI ATAS PERLINDUNGAN INVESTOR DI INDONESIA
Restoration of minority shareholder rights in private limited companies is often ineffective, despite court decisions confirming a breach of fiduciary duty. This situation indicates a gap between the legal protection norms in Law Number 40 of 2007 concerning Limited Liability Companies and their implementation in practice. This study analyzes the effectiveness of the mechanism for restoring minority shareholder rights following a court decision. The results show that court decisions are generally declarative and poorly enforced, making them difficult to implement. Key obstacles include resistance from majority shareholders, weak institutional coordination, and low transparency in private companies. This study recommends the formulation of more operational rulings, strengthening implementation oversight, and integrating legal technology with a restorative justice approach. Using a juridical-empirical approach, this study contributes to strengthening legal protection for minority shareholders and increasing legal certainty in corporate practice. Keywords: Minority Shareholders, Fiduciary Duty, Legal Remedies
MALPRAKTIK OLEH TENAGA KEPERAWATAN DI FASILITAS KESEHATAN PRIMER: URGENSI PENGUATAN SISTEM PENGAWASAN DAN PERLINDUNGAN HUKUM PASIEN
This study aims to provide a comprehensive legal understanding of nurses’ liability in malpractice cases at primary healthcare facilities. Using a normative legal approach and analyzing laws such as Law No. 38 of 2014 on Nursing and Law No. 36 of 2014 on Health Workers, it finds that nurses are authorized to provide care only within their competencies. Violations may lead to criminal, civil, or administrative liability. The study also reveals weak delegation of authority and institutional oversight, contributing to malpractice risks. Strengthening responsive regulations and preventive, continuous supervision is urgently needed. The findings are expected to inform policymakers and professional organizations in enhancing patient legal protection and clarifying the scope of nursing responsibilities. Keywords: Nursing Malpractice; Primary Healthcare Facilities; Oversight System; Legal Protection For Patients
KEDUDUKAN HUKUM PENCATATAN PERKAWINAN ADAT ABORIGIN DI AUSTRALIA DAN SUNDA WIWITAN DI INDONESIA: STUDI KOMPARATIF
Australia and Indonesia have recognized the existence of indigenous peoples in their constitutions. However, in the implementation of marriage registration, there are still several obstacles that prevent registration. The research method used is empirical juridical, obtained directly through a study of the norms and principles contained in primary, secondary, and tertiary legal data. The results of the study indicate that the customary marriages of the Aboriginal indigenous community are still not fully recognized in Australia due to Australian marriage regulations that only recognize one marriage law, namely the Marriage Act 1961, with marriage ceremonies conducted formally before a marriage celebrant. Customary marriage practices conducted by the Aboriginal community cannot be registered by the state, while marriage registration for the Sunda Wiwitan indigenous community in Indonesia can be registered provided that the indigenous community has joined an organization registered under the Ministry. The legal consequences of marriages within the Sunda Wiwitan and Aboriginal communities will impact several aspects, including uncertainty regarding the legal status of children born from such marriages, difficulties in registering other administrative documents, and challenges in accessing public facilities provided by the government, particularly in the area of healthcare due to ongoing requirements. Keywords: Indigenous Peoples; Marriage Registration; Aboriginals; Sunda Wiwitan; Legal Recognition
MENYALAHKAN KORBAN DALAM KASUS PELECEHAN SEKSUAL: PERSPEKTIF HUKUM DAN DAMPAKNYA TERHADAP PERLINDUNGAN KORBAN
The phenomenon of Blaming the victim in sexual abuse cases is prevalent in both the legal system and society, where victims are often blamed, worsening their psychological condition and hindering their access to justice. This study explores the Indonesian legal perspective on handling sexual harassment cases involving victim blaming and its impact on victim protection. Using a normative juridical approach, it analyzes Law Number 12 of 2022 on Criminal Acts of Sexual Violence (UU TPKS), which aims to protect victims' rights and prevent discrimination and stigma. The findings reveal that despite the protections provided by the TPKS Law, victim blaming still occurs during legal processes, exacerbating trauma and obstructing the pursuit of justice. Therefore, the study emphasizes the need for better understanding and training for law enforcement officials, along with socializing to the public to reduce stigma and improve legal protection for victims of sexual abuse. Keywords: Blaming the Victim; Sexual Abuse; Legal Perspective; Victim Protection; Social Stigma
KEDUDUKAN IZIN MEMBUKA TANAH NEGARA (IMTN) DALAM PENDAFTARAN TANAH DI KOTA BALIKPAPAN
The Permit to Open State Land (Izin Membuka Tanah Negara – IMTN) is an administrative instrument used by the Balikpapan City Government as a preliminary requirement for controlling state land prior to the formal registration of land rights. In practice, IMTN is often perceived by the public as a form of land ownership, which has led to legal ambiguity regarding the division of authority between local governments and the National Land Agency (Badan Pertanahan Nasional – BPN). This study aims to analyze the legal status of IMTN within the national land registration system and to examine its implications for legal certainty of land rights in Balikpapan City. The research employs a socio-legal approach combining normative juridical and empirical methods, through an analysis of relevant legislation and interviews with sub-district officials and the Balikpapan City Land Office. The findings indicate that IMTN does not constitute a legal basis for land ownership, but rather serves as an administrative permit functioning as preliminary evidence of physical control over state land. Consequently, IMTN cannot substitute for a land title certificate issued by BPN. The dual perception of IMTN has the potential to create legal uncertainty and overlapping authority between local governments and land administration institutions. This study recommends regulatory harmonization and strengthened institutional coordination to ensure legal certainty in land registration. Keywords: Permit to Open State Land (IMTN); Land Registration; Legal Certainty; Local Government; Balikpapan
INHIBITING FACTORS IN THE ENFORCEMENT OF CRIMINAL LAW AGAINST ILLEGAL MINING: A CASE STUDY IN SOUTH SUMATRA
Mineral and coal resources in Indonesia, particularly in South Sumatra Province, are non-renewable natural resources whose management is constitutionally mandated to be controlled by the state for the greatest benefit of the people. Despite this mandate, illegal mining activities remain widespread and pose serious challenges to criminal law enforcement. This study aims to analyze the inhibiting factors affecting the effectiveness of criminal law enforcement against illegal mining crimes within the jurisdiction of the South Sumatra Regional Police. This research employs a normative juridical method using statutory and conceptual approaches, supported by an analysis of law enforcement practices. The findings indicate that the primary obstacles to effective law enforcement stem from internal factors within law enforcement institutions, including limited personnel capacity, inadequate competence, corrupt practices, conflicts of interest, and insufficient facilities and infrastructure. These constraints are exacerbated by the high number of illegal mining cases, with at least 77 cases recorded over the past three years, which overwhelms the existing institutional capacity. The study concludes that strengthening institutional capacity, enhancing professionalism and integrity of law enforcement officers, improving inter-agency coordination, and providing adequate resources are essential to ensure effective, fair, and sustainable criminal law enforcement against illegal mining activities. Keywords: inhibiting factors, criminal law enforcement, illegal mining
RELEVANSI DOKTRIN WORK MADE FOR HIRE DALAM KARYA KECERDASAN BUATAN: TINJAUAN HUKUM HAK CIPTA INDONESIA
The rapid development of artificial intelligence (AI) has raised various legal issues, particularly regarding the determination of copyright ownership of works produced with the assistance or intervention of AI systems. In the context of Indonesian law, there are currently no specific regulations governing the legal status of AI-based works, resulting in a legal vacuum in the copyright regime. Based on the principle of the rule of law as stipulated in the 1945 Constitution of the Republic of Indonesia, the state has the authority to formulate regulations to ensure legal certainty and protection in the field of intellectual property. This study aims to analyze the regulation of artificial intelligence from a copyright law perspective through a comparative approach to regulations in several countries and to examine the relevance of applying the work made for hire doctrine as a normative solution in Indonesian law. The research method used is doctrinal legal research with a legislative and comparative law approach. The results of the study show that several countries, such as the United States, the United Kingdom, and China, have developed regulatory frameworks or specific legal doctrines to address copyright issues over AI-based works. In contrast, Indonesia still does not have specific regulations that accommodate these developments. Therefore, this study recommends the need to update Law Number 28 of 2014 concerning Copyright by integrating provisions regarding artificial intelligence, one of which is through the limited adoption of the work made for hire doctrine, in order to provide legal certainty and copyright protection that is adaptive to technological developments. Keywords: work made for hire; copyright law; artificial intelligence; legal reform; intellectual property
DIGITALISASI PERTANAHAN DAN PENDAFTARAN TANAH ELEKTRONIK: EVALUASI EFEKTIVITASNYA DALAM MENEKAN MAFIA TANAH DI INDONESIA
The land registration system in Indonesia, which is still dominated by paper-based databases, is considered no longer capable of optimally guaranteeing legal certainty of land rights. Outdated data, weak system integration, and limited access to information open the door to abuse of authority and manipulation of land data. These conditions are exploited by land mafia to carry out illegal practices, such as document forgery and the issuance of duplicate certificates, which ultimately harm landowners and undermine public trust in the national land system. This study aims to analyze the effectiveness of land digitization and electronic land registration in minimizing the practices of land mafia in Indonesia. The research method used is normative legal research with a regulatory and conceptual approach, supplemented by an analysis of digital land policy. The results show that electronic land registration has the potential to increase transparency, data accuracy, and land administration accountability, thereby closing the loopholes that have been exploited by land mafia. However, the effectiveness of this system still faces challenges in terms of infrastructure readiness, human resource quality, and regulatory harmonization. Therefore, strengthening the electronic land registration system needs to be accompanied by institutional reform and consistent law enforcement in order to achieve legal certainty and protection of land rights. Keywords: Electronic Land Registration; Land Digitalization; Land Mafia; Legal Certainty; Land Administration
DINAMIKA KONFLIK AGRARIA DALAM PENYELESAIAN SENGKETA LAHAN: ANALISIS SOSIOLOGI HUKUM TERHADAP RELASI NEGARA, KORPORASI, DAN MASYARAKAT
This study aims to analyze the dynamics of agrarian conflicts in Indonesia using a sociological perspective on law, particularly in the context of land dispute resolution. This study uses a socio-legal approach by combining normative analysis of agrarian legislation and conceptual studies of legal sociology to understand the interaction between law, social structures, and power relations in the practice of land dispute resolution. The results show that the existence of agrarian regulations has not been fully able to realize substantive justice because their implementation is often influenced by social inequality, the dominance of economic interests, and the weak bargaining position of the community, especially farmers and marginalized groups. In practice, the law not only functions as a normative instrument but also reflects the configuration of power at work in society. Therefore, the resolution of agrarian conflicts requires an approach that is not merely legal-formal, but also sensitive to the social context, distributive justice, and the protection of land rights in a sustainable manner. Keywords: Agrarian Conflict; Sociology of Law; Land Disputes; Social Justice
PERTANGGUNGJAWABAN HUKUM PENYEDIA LAYANAN KESEHATAN TERHADAP PEMENUHAN HAK PESERTA JAMINAN KESEHATAN NASIONAL
Healthcare is a constitutional right guaranteed by the 1945 Constitution of the Republic of Indonesia and various regulations in the field of health and social security. This study aims to analyze the legal accountability of hospitals in fulfilling the rights of participants in the National Health Insurance (JKN) program, with a case study at the Abdoel Wahab Sjahranie Regional General Hospital in Samarinda. This study uses a socio-legal approach with qualitative methods, which examines the relationship between health service regulations, administrative service practices, and the legal accountability mechanisms of hospitals in providing services to JKN participants. The results show that although hospitals have made efforts to fulfill their legal obligations and service standards, there are still gaps between legal norms and service practices, particularly in relation to administrative issues, infrastructure limitations, and handling complaints from JKN patients. The legal accountability of hospitals in practice is mostly manifested through administrative mechanisms and a tiered complaint system, but this does not fully guarantee the optimal protection of patient rights. This study emphasizes that strengthening human resource capacity, integrating service information systems, and effective regulatory oversight are important prerequisites for improving the legal accountability of hospitals and realizing fair, non-discriminatory, and sustainable health services. This study contributes to revealing the gaps in the implementation of hospitals' legal obligations in the JKN system and provides an evaluative basis for strengthening the protection of health insurance participants' rights. Keywords: health services; national health insurance; legal accountability; patient rights
LEGAL ANALYSIS OF THE PALEMBANG RELIGIOUS COURT'S DECISION NUMBER: 39/PDT.P/2024/PA.PLG IN LIFE INSURANCE CLAIMS
This study examines the legal implications of Palembang Religious Court Decision Number 39/Pdt.P/2024/PA.PLG on the legal standing of guardians of minors in submitting life insurance claims to PT Prudential Life Assurance. The research focuses on the role of religious court decisions in providing legal certainty for guardians acting on behalf of underage beneficiaries in insurance claim procedures. Using a normative juridical approach with a case-based analysis, this study analyzes statutory regulations, principles of Islamic family law, and judicial reasoning applied in the court’s decision. The findings indicate that the court’s ruling affirms the applicant’s status as the lawful guardian, thereby granting clear legal authority to represent the minor both in and outside judicial proceedings, including the submission of life insurance claims. This decision plays a significant role in bridging the gap between family law and insurance practice by ensuring legal certainty, protecting the rights of minors, and preventing administrative barriers in claim settlement processes. The study highlights the importance of judicial intervention by religious courts in resolving legal ambiguities related to guardianship and insurance claims, and underscores the broader contribution of such decisions to the development of legal certainty and justice in Islamic family law and life insurance practices in Indonesia. Keywords: legal analysis; religious court decision; guardianship of minors; life insurance claims
TINJAUAN YURIDIS IMPLEMENTASI RESTORATIVE JUSTICE DALAM PENYELESAIAN PERKARA PIDANA BERDASARKAN PERATURAN JAKSA AGUNG NOMOR 15 TAHUN 2020
The application of restorative justice in criminal cases at the prosecutor's office level is one of the efforts to reform law enforcement that is oriented towards restoring justice for perpetrators and victims. This approach was introduced normatively through Attorney General Regulation Number 15 of 2020 as the legal basis for the implementation of restorative justice within the prosecutor's office. This study aims to analyze the concept and implementation of restorative justice in the handling of criminal cases at the prosecutor's office level and to assess the extent to which its application has fulfilled the principle of legal certainty. The research method used is normative juridical with a legislative and conceptual approach, through a review of regulations, doctrines, and the concept of restorative justice. The results of the study show that restorative justice functions as a win-win solution for perpetrators and victims by focusing on peaceful resolution without coercion and the restoration of social relations. However, the effectiveness of its application is highly dependent on the policies and discretion of law enforcement officials, particularly prosecutors, as well as the clarity of the criteria and implementation mechanisms regulated in the Attorney General's Regulation. This study concludes that the application of restorative justice at the prosecutor's office level has great potential in realizing substantive justice, but still requires strengthening of regulations and consistency in implementation to be in line with the principle of legal certainty. Keywords: restorative justice; criminal cases; prosecutor's office; legal certainty
PEMBUKTIAN PERJANJIAN LISAN DALAM SENGKETA HUTANG PIUTANG: STUDI PUTUSAN PN BALIKPAPAN NO. 146/PDT.G/2021
Oral agreements are still commonly used in civil law practice, particularly in legal relationships based on mutual trust. This study examines the evidentiary strength of oral debt agreements through an analysis of Decision Number 146/Pdt.G/2021/PN BPP. The research employs a normative juridical method using statutory, case, and conceptual approaches. Research data were obtained through library research on primary legal materials, including the Indonesian Civil Code and relevant court decisions, as well as secondary legal materials in the form of books and scholarly journal articles. The findings indicate that oral agreements are legally recognized as long as they fulfill the validity requirements of contracts as stipulated in Article 1320 of the Indonesian Civil Code. In the case examined, the Panel of Judges established the existence of a legal relationship between the creditor and the debtor based on evidence such as fund transfer records, correspondence, and witness testimony, thereby confirming that the oral agreement possessed sufficient evidentiary value. However, the request for the seizure of shares as security was rejected because it conflicted with Supreme Court guidelines and involved public interests in the electricity sector. This study has both theoretical and practical significance, as it clarifies the legal standing of oral agreements in civil evidentiary law and provides guidance for judges and litigants in assessing evidence in debt-related disputes. Nevertheless, the study recommends that agreements be documented in written form to ensure legal certainty and facilitate proof in judicial proceedings. Keywords: oral agreement; evidence; debt; breach of contract
PERLINDUNGAN HUKUM TERHADAP ANAK PEKERJA RUMAH TANGGA SEBAGAI KORBAN TINDAK PIDANA PERDAGANGAN ORANG: STUDI PERBANDINGAN ANTARA INDONESIA DAN FILIPINA
Human trafficking is a serious criminal offense involving the illegal recruitment, movement, or control of individuals for the purpose of exploitation, including forced labor, servitude, and sexual exploitation. Children working as domestic workers are particularly vulnerable to such practices, especially in countries where their legal status as workers is not explicitly recognized or adequately protected. In Indonesia, child domestic workers have not been formally acknowledged within labor or domestic worker protection laws, resulting in fragmented and limited legal safeguards against human trafficking. This situation contrasts with the Philippines, which provides explicit legal recognition and comprehensive protection for child domestic workers under Republic Act No. 10361 (the Domestic Workers Act).This study aims to comparatively analyze the legal frameworks of Indonesia and the Philippines in protecting child domestic workers from human trafficking. Employing normative legal research with statutory and comparative law approaches, the study finds significant differences between the two countries, particularly in terms of legal recognition, the construction of trafficking offenses, and the scope of criminal sanctions imposed on perpetrators. The findings highlight the urgency of strengthening Indonesia’s regulatory framework to ensure comprehensive and effective legal protection for child domestic workers against human trafficking. Keywords: Comparative Law; Child Domestic Workers; Human Trafficking
STRATEGI PEMBINAAN NARAPIDANA RESIDIVIS PENCURIAN DALAM MENCEGAH RESIDIVISME DI LEMBAGA PEMASYARAKATAN KELAS IIA SIDOARJO
The Correctional System represents a rehabilitative paradigm in criminal justice that views imprisonment not merely as a punitive measure but as a process of social reintegration grounded in the values of Pancasila, as stipulated in Article 1 paragraph (2) of Law Number 12 of 1995. Nevertheless, the persistence of recidivism, particularly in theft-related offenses, indicates ongoing challenges in the effectiveness of inmate rehabilitation. This study aims to analyze the factors contributing to repeat theft offenses and to evaluate the effectiveness of rehabilitation programs implemented at the Class IIA Correctional Institution in Sidoarjo. The research employs a juridical-empirical approach, with data collected through interviews, observation, and document analysis. Qualitative and systematic analysis reveals that recidivism is influenced by a combination of individual, social, economic, educational, and law enforcement factors. The findings further demonstrate that the Class IIA Sidoarjo Correctional Institution has implemented rehabilitation programs with a relatively high level of effectiveness, particularly through personality development programs that enhance inmates’ self-awareness and vocational training programs that promote independence through work skills. These programs are consistent with the theory of legal effectiveness, encompassing normative implementation, the role of law enforcement officials, and the availability of supporting facilities. Overall, this study highlights the importance of strengthening adaptive and sustainable rehabilitation programs as a strategic approach to preventing recidivism and improving the success of inmates’ social reintegration. Keywords: Recidivism; Theft Offenses; Correctional System; Inmate Rehabilitation
CORRUPTION CRIMES IN THE 2023 INDONESIAN CRIMINAL CODE VS. THE ANTI-CORRUPTION LAWS: A COMPARATIVE LEGAL ANALYSIS
Corruption Crime (Tindak Pidana Korupsi or Tipikor) poses serious threats to state finances, governance, and public trust, prompting its long-standing classification in Indonesia as an extraordinary crime regulated under Law No. 31 of 1999 in conjunction with Law No. 20 of 2001. The enactment of Law No. 1 of 2023 concerning the Indonesian Criminal Code (KUHP), however, marks a significant shift in the regulatory framework of corruption offenses, including changes in criminal sanctions and the integration of corruption into the general criminal law system. This transformation raises critical concerns regarding the future effectiveness of anti-corruption law enforcement and the consistency of criminal policy. This study aims to compare the regulation of corruption crimes under the 2023 Criminal Code and the Anti-Corruption Law, focusing on offense formulation and sanctioning patterns. Using a normative juridical method with a comparative legal approach, this research analyzes the implications of the regulatory shift for anti-corruption strategies in Indonesia. The findings highlight the need for careful legal harmonization to ensure that the reform of the Criminal Code does not undermine the deterrent function and integrity of corruption law enforcement. Keywords: Legal Comparison; Indonesian Criminal Code 2023; Anti-Corruption Law; Corruption Crime; Criminal Sanctions
KEABSAHAN PERJANJIAN JUAL BELI BUBUK KRATOM DI E-COMMERCE MENURUT PASAL 1320 KITAB UNDANG-UNDANG HUKUM PERDATA
Online commerce has significantly expanded the circulation of various commodities, including kratom, whose legal status in Indonesia remains controversial. At present, kratom is regulated solely for export purposes and lacks a clear legal basis for domestic trade, creating legal uncertainty in online sale transactions. This study examines the validity of kratom powder sale agreements conducted through e-commerce platforms under Article 1320 of the Indonesian Civil Code and analyzes the legal responsibility of platform providers for facilitating such transactions. The research employs a doctrinal legal method using statutory and conceptual approaches, complemented by an empirical review of kratom listings on major Indonesian e-commerce platforms. The findings indicate that online kratom transactions potentially fail to satisfy the objective requirements of a valid contract, particularly regarding lawful object and lawful cause, due to the absence of explicit domestic regulatory authorization. Empirical observations further reveal inadequate age-verification mechanisms, raising concerns over transactions involving legally incapacitated consumers. This study underscores the urgent need for comprehensive national regulation on kratom and strengthened legal obligations for e-commerce platforms to ensure consumer protection and contractual legality in digital markets. Keywords: contract; validity; kratom; e-commerce platforms; platform liability
TERMINATION OF PROSECUTION BASED ON RESTORATIVE JUSTICE IN ASSAULT CASES: A CASE STUDY AT THE PALEMBANG DISTRICT ATTORNEY’S OFFICE
The prosecution authority, as part of the state’s law enforcement system, plays a strategic role in ensuring legal certainty, justice, and public order while upholding moral values and human dignity. In this context, the application of restorative justice has emerged as an alternative approach to resolving criminal cases, including assault offenses. This study examines the implementation of termination of prosecution based on restorative justice in an assault case handled by the Palembang District Attorney’s Office. The research adopts a normative juridical method, focusing on statutory regulations and prosecutorial guidelines governing restorative justice. The findings indicate that the termination of prosecution was influenced by several key factors: the suspect committed the offense for the first time, the offense carried a maximum statutory penalty of no more than five years’ imprisonment, and the value of losses or evidence did not exceed IDR 2,500,000. Additionally, the case demonstrated successful reconciliation between the perpetrator and the victim, supported by community approval. The study concludes that the application of restorative justice in this case reflects prosecutorial discretion aimed at achieving substantive justice, social harmony, and efficiency in criminal law enforcement. Keywords: termination of prosecution; restorative justice; assault cases; prosecutorial discretion
TANGGUNG JAWAB PELAKU USAHA YANG TIDAK MENERAPKAN ASAS ITIKAD BAIK DALAM TRANSAKSI JUAL IPHONE BEKAS DI TENGGARONG
The rapid development of technology in Indonesia has significantly increased consumer demand for electronic devices, particularly iPhones, including those traded in the second-hand market. This phenomenon has encouraged the growth of second-hand iPhone trading activities conducted by business actors in Tenggarong City. However, in practice, various legal issues have arisen that are detrimental to consumers, particularly in the form of breach of contract resulting from the failure of business actors to fulfill their legal obligations. This study aims to analyze the forms of breach of contract in second-hand iPhone sale and purchase transactions, as well as the legal consequences for business actors who fail to apply the principle of good faith. The research employs a socio-legal approach using both normative and empirical methods. The findings indicate that business actors do not comply with their obligations as stipulated in Law Number 8 of 1999 on Consumer Protection, particularly Article 7 letter (a), which mandates business actors to act in good faith in conducting their business activities. Such violations are manifested in the failure to provide accurate, clear, and honest information regarding the condition of the second-hand iPhones sold, the failure to honor promises related to warranties or replacement of goods, and the avoidance of responsibility in addressing consumer complaints. Consequently, business actors may be held legally liable for breach of contract and violations of consumer protection laws, resulting in obligations to provide compensation and fulfill consumers’ rights in accordance with applicable laws and regulations. Keywords: Breach of Contract; Good Faith; Consumer Protection; Second-Hand iPhone Transactions
RELASI AKAL DAN WAHYU DALAM PEMBENTUKAN HUKUM ISLAM: SUATU KAJIAN FILSAFAT HUKUM ISLAM
This study explores the relationship between reason (ʿaql) and revelation (waḥy) in the formation of Islamic law from the perspective of Islamic legal philosophy, with particular attention to its epistemological foundations. The study starts from the premise that revelation constitutes the highest normative authority in Islamic law, while reason serves as a rational tool through which divine guidance is understood, interpreted, and applied within changing social contexts. Drawing on textualist, rationalist, and integrative approaches developed by classical and contemporary Muslim legal thinkers, this research employs a library-based method with a philosophical and analytical approach to both primary and secondary sources of Islamic law. The findings indicate that a harmonious interaction between reason and revelation gives rise to a more adaptive and balanced methodology of ijtihād, one that remains faithful to the normative authority of revelation while effectively addressing contemporary legal challenges in a manner that is proportionate, context-sensitive, and oriented toward human well-being. Keywords: Reason and Revelation; Islamic Legal Philosophy; Epistemology of Islamic Law; Ijtihād; Maqāṣid al-Sharīʿah.
DIVERSI SEBAGAI MEKANISME PENYELESAIAN PERKARA PIDANA ANAK: STUDI PERBANDINGAN INDONESIA DAN SINGAPURA
This study aims to analyze and compare the implementation of diversion as a mechanism for resolving juvenile criminal cases within the juvenile justice systems of Indonesia and Singapore. The research employs a doctrinal method using a statutory approach combined with a comparative approach. The analysis focuses on differences in regulatory frameworks, implementation mechanisms, and the roles of law enforcement authorities in applying diversion in both countries. The findings reveal that although Indonesia and Singapore both recognize diversion as an alternative to formal criminal proceedings for children, significant differences exist in terms of normative regulation, procedural implementation, and institutional support. Singapore demonstrates a more integrated diversion model, supported by strong institutional infrastructure, while Indonesia continues to face challenges related to coordination, consistency in application, and the effective realization of child protection objectives. This study concludes that Singapore’s diversion practices offer valuable insights for strengthening and reforming diversion policies in Indonesia, particularly to enhance their effectiveness, align them with the best interests of the child, and reinforce the principles of restorative justice. Keywords: Diversion; Juvenile Justice System; Juvenile Criminal Cases; Comparative Study; Restorative Justice