JURNAL PENELITIAN SERAMBI HUKUM

Analisa Hukum Kewenangan PPATK terhadap Kebijakan Pemblokiran Rekening Dormant Ditinjau dari Prinsip Fiduciary Duty Dalam Hubungan Bank dan Nasabah

2026-01-23T15:28:27+07:00

This study aims to conduct a legal analysis of the Financial Intelligence Unit (FIU) regarding the policy of blocking dormant accounts, examining it through the lens of the Fiduciary Duty Principle in the relationship between banks and their customers. The method used in this study is normative. Conducting an in-depth and comprehensive analysis through the provisions of laws and regulations that form the basis of the issue of blocking customer accounts, and also the regulations underlying the bank's obligations to its customers. Then, it was supported by other legal products during the analysis. The results of this study are that the FIU policy is a form of follow-up to the FIU's obligations and functions in Money Laundering Crimes. This policy also remains guided by the bank's duty to ensure legal certainty regarding the security, comfort, and trust of its customers. In addition, pursuant to Financial Services Authority Regulation Number 24 of 2025 concerning Account Management in Commercial Banks, banks are also required to supervise and report suspicious customer accounts. Banks are also required to provide information regarding the opening, use, and closure of their customer accounts.

Dilema Efisiensi Pelayanan dan Keamanan Nasional: Analisis Kerentanan Autogate terhadap Deteksi Dini Pelanggaran dan Tindak Pidana Keimigrasian di Tempat Pemeriksaan Imigrasi

2026-04-06T13:56:59+07:00

The digital transformation of immigration services in Indonesia is marked by the implementation of Autogate technology as an effort to modernize border inspections at various strategic Immigration Checkpoints (TPI). However, the efficiency offered by this automation triggers a dilemma between service speed and the sharpness of national security oversight. This study aims to analyze the vulnerability of the Autogate system toward the early detection of immigration violations and its effectiveness in replacing the human profiling function. Using a qualitative research method with a normative-juridical approach, secondary data were analyzed descriptively-analytically through content analysis techniques. The results show that: (1) Autogate is effective for technical-administrative biometric verification but has not been able to replace the intuitive dimension of human profiling in detecting behavioral anomalies; (2) There are vulnerability points in the sensitivity of biometric sensors, latency in synchronization of prevention and deterrence data (cekal), and potential impersonation modes due to the system's similarity threshold; (3) Operational constraints such as system failures (down system) and limited physical verification without human interaction reduce the ability of Immigration Officers to take immediate action against indications of transnational crimes. This study concludes that ideal border security requires a hybrid oversight model that integrates machine efficiency with the sharpness of human intelligence analysis to maintain border sovereignty towards Indonesia Emas 2045.

Fenomena ‘No Viral No Justice’ dan Implikasinya terhadap Perlindungan Korban dalam Sistem Peradilan Pidana

2026-05-02T11:39:39+07:00

This study aims to identify and analyze the phenomenon of “No Viral No Justice” and its implications for victim protection within the criminal justice system. It also seeks to examine the extent to which viral exposure on social media influences law enforcement responsiveness in handling cases involving victims. This research employs an empirical legal research method with a descriptive approach. The research was conducted within the jurisdiction of relevant law enforcement institutions and supported by data from media reports and victim-related cases. The types and sources of data consist of primary data and secondary data. Data collection techniques include observation, interviews, and literature study. The data were analyzed using qualitative analysis techniques. The results of this study indicate that the main factors contributing to the emergence of the “No Viral No Justice” phenomenon include lack of institutional responsiveness, limited access to justice for victims, public distrust of law enforcement, and the growing influence of social media as a tool of public pressure. Furthermore, the implications for victim protection reveal both positive and negative dimensions. On the one hand, viral exposure can accelerate case handling and strengthen institutional accountability. On the other hand, it may lead to revictimization, violations of victim privacy, and unequal protection, as only high-profile cases tend to receive serious attention. Therefore, strengthening a victim-oriented justice system that ensures equal protection without reliance on viral pressure is essential.

Kedudukan Purchase Order (PO) Sebagai Perikatan Dalam Sengketa Wanprestasi di Era Digital: Analisis Terhadap Praktik Transaksi Elektronik dan Kepastian Hukum di Indonesia

2026-05-12T13:37:12+07:00

This article examines the legal position of Purchase Order (PO) as a contractual obligation in disputes over default in Indonesia’s digital era. The increasing use of electronic transactions, especially through email, WhatsApp, and digital business platforms, has caused uncertainty regarding whether a PO can be treated as a binding agreement and used as a legal basis for a claim of breach of contract. The objective of this study is to analyze the legal status of PO in the context of Indonesian contract law, assess its validity when formed through electronic media, and evaluate the certainty of law in judicial practice. This research employs a normative juridical method with statutory, conceptual, and case approaches. The findings show that a PO may serve as a binding legal instrument when it reflects the elements of agreement, object, and lawful cause as required under Article 1320 of the Civil Code, and when the communication evidences clear consent between the parties. However, ambiguity remains when PO is exchanged informally through electronic platforms without explicit acceptance or a formal signature. Although the Electronic Information and Transactions Law supports the evidentiary value of electronic documents, the absence of uniform standards in judicial interpretation still creates legal uncertainty. Therefore, clearer regulatory and jurisprudential guidelines are needed to strengthen the legal certainty of PO in digital commercial transactions.

Pertanggungjawaban Hukum Lingkungan atas Banjir Rob Semarang dalam Perspektif SDGs 13 Climate Action

2026-05-04T21:33:27+07:00

Tidal flooding (rob) in Semarang has evolved into a persistent and complex environmental problem, reflecting the interaction between climate change impacts and weaknesses in environmental governance. This phenomenon is not only caused by natural factors such as sea level rise, but is also significantly influenced by anthropogenic activities, including land subsidence due to excessive groundwater extraction, uncontrolled coastal development, and inadequate spatial planning. As a result, tidal flooding has generated serious social, economic, and ecological consequences for coastal communities. This study aims to analyze environmental legal liability for tidal flooding in Semarang within the framework of legal protection, while also examining its relevance to the Sustainable Development Goals (SDGs), particularly Goal 13 on Climate Action. This research employs a normative legal method using statutory, conceptual, and case approaches to evaluate environmental regulations, legal doctrines, and principles of liability. The findings indicate that environmental legal liability remains weak due to regulatory fragmentation, lack of institutional coordination, and ineffective law enforcement. Preventive instruments such as environmental permits and spatial planning regulations have not been optimally implemented, while repressive measures remain limited. Furthermore, the absence of a clear and integrated liability framework contributes to legal uncertainty and weak accountability among stakeholders. This study concludes that strengthening environmental legal liability through integrated regulations, adaptive governance, and consistent law enforcement is essential to support climate action and ensure effective legal protection against tidal flooding in Semarang.

Model Pengisian Kepala Daerah Secara Demokratis (Gagasan Terhadap Kegagalan Calon Tunggal dalam Pemilihan Kepala Daerah)

2026-05-04T14:36:39+07:00

This study aims to examine and explain the nature of democratic elections and to formulate a model for democratically filling positions in accordance with the 1945 Constitution of the Republic of Indonesia. This type of research will use normative research with a reflective inventory and evaluation of regulations governing democratic regional head elections, as provided for in the 1945 Constitution of the Republic of Indonesia. Various obstacles to the implementation of elections will be inventoried as input for formulating a democratic position-filling model following the 1945 Constitution of the Republic of Indonesia. The results of the study conclude that: 1) Democratic elections require that the election process uphold democratic values, including the protection of political rights, equality and electoral justice. Regulations governing elections through a single candidate mechanism do not yet reflect democratic elections because they only accommodate the fulfilment of citizens' political rights, namely the right to be elected and to vote, but ignore the values ??of equality and electoral justice; 2). The model for filling regional head positions is based on Pancasila democracy, which requires deliberation to reach consensus grounded in divinity, humanity, unity, and justice.

Pengakuan Bersalah dalam Pembaruan Hukum Acara Pidana: Antara Efisiensi Proses Peradilan dan Perlindungan Hak Terdakwa

2026-05-05T13:38:56+07:00

This study aims to identify and analyze the regulation of guilty pleas within the reform of criminal procedure law, as well as to identify and analyze its implications for the criminal justice system in Indonesia. This research employs normative legal research with a descriptive approach. The approaches used include statutory and conceptual approaches. The types and sources of legal materials consist of primary and secondary legal materials. The data collection technique is conducted through a literature study. The data analysis technique used is qualitative analysis. The results of this study indicate that the guilty plea mechanism in the reform of criminal procedure law is not entirely identical to the concepts of guilty plea or plea bargaining, but rather constitutes a hybrid model that maintains the active role of judges in the evidentiary process. The implications of this regulation show the potential to enhance judicial efficiency; however, it also poses risks to the protection of defendants’ rights and indicates a possible shift from the principle of material truth toward a more procedural form of resolution. Therefore, more comprehensive regulation and effective oversight are required to maintain a balance between efficiency and justice within the criminal justice system in Indonesia.

Perlindungan Hukum Terkait Jaminan Sosial Pekerja Ride-Hailing: Studi Komparatif Indonesia dan Malaysia

2026-05-25T14:05:44+07:00

The development of the digital economy has driven the growth of ride-hailing workers as part of the gig economy in Indonesia and Malaysia. However, the flexible nature of employment relationships under partnership schemes raises issues regarding legal protection, particularly concerning workers’ social security. This study aims to analyze legal protection for social security of ride-hailing workers in Indonesia and to analyze the social security arrangements for ride-hailing workers in Malaysia based on the Gig Workers Act 2025. This study employs a normative legal research method with a descriptive-analytical approach. The data used consists of secondary data, comprising primary legal sources, secondary legal sources, and tertiary legal sources. Data collection was conducted through a literature review using legislative, conceptual, and comparative approaches. The data were analyzed using qualitative-normative analysis techniques. The results indicate that social security protection for ride-hailing workers in Indonesia remains partial because ride-hailing workers are classified as partners and thus do not receive full labor protection. Social security protection still depends on voluntary enrollment in the BPJS Ketenagakerjaan, and there is no explicit obligation for platform companies to cover workers’ social security contributions. In contrast, Malaysia, through the Gig Workers Act 2025, has begun to establish a specific legal framework for gig workers, including provisions regarding social safety net protections. Although it has not yet equated gig workers with formal workers, Malaysia has granted specific legal recognition to gig workers and established a more systematic protection mechanism. This study contributes to providing a comparative analysis of social security protection models for ride-hailing workers in Indonesia and Malaysia as a basis for evaluating digital labor law reforms in Indonesia.

Pertanggungjawaban Hukum Pemilik Ternak Akibat Ternak Yang Merusak Tanaman Orang Lain

2026-06-09T22:00:47+07:00

The problem of livestock roaming freely in Kerato Village, Unter Iwes District, has caused damage to property and agricultural land, social conflict, and economic losses. To address this problem, the Kerato Village Government issued Kerato Village Regulation Number 7 of 2021. This regulation stipulates administrative sanctions in the form of fines and compensation. This study uses an empirical legal research approach, a method that analyzes social phenomena in society using legislative, sociological, comparative, and case studies. The results show that the legal liability of livestock owners, according to Kerato Village Regulation Number 7 of 2021 concerning Livestock Maintenance, stipulates that owners of livestock that roam freely and damage agricultural land will be subject to administrative sanctions in the form of fines for security costs and maintenance costs for the secured livestock, and are required to pay compensation for crop damage. The results of the study, related to Islamic law, emphasize the responsibility of livestock owners based on the principle of justice, requiring balanced compensation, and encouraging dispute resolution through mediation

Analisis Yuridis Terhadap Kekuatan Hukum Perjanjian Kredit Tanpa Jaminan Dalam Putusan Nomor 360/PDT.G/2017/PN.Jkt.Sel.

2026-06-03T18:55:22+07:00

This research is motivated by the legal risks of providing unsecured credit, which impact the uncertainty of fulfilling creditors' rights. The purpose of this study is to analyze the legal force of unsecured credit agreements under Decision Number 238/PDT/2018/PT.DKI, the forms of legal protection for creditors in the event of default, and the implications of the lack of material collateral on the creditor's position. The research method used is normative juridical with a statute approach and a case approach. The results show that unsecured credit agreements remain legally binding on the parties under Articles 1320 and 1338 of the Civil Code (pacta sunt servanda). Decision Number 238/PDT/2018/PT.DKI confirms that the lack of material collateral does not eliminate the debtor's obligation to repay the debt. However, in practice, the creditor loses preferential rights and remains only a concurrent creditor. Legal protection for creditors in this case is limited to general collateral as stipulated in Article 1131 of the Civil Code, which requires creditors to share proportionally with other creditors all of the debtor's assets. The conclusion of this study is that although the agreement remains valid, the absence of specific collateral significantly weakens the creditor's bargaining position and legal certainty in obtaining repayment of receivables in the event of default.

Analisis Yuridis Penggunaan Artificial Intelligence dalam Aktivitas Bisnis Digital di Indonesia: Tantangan Regulasi dan Kepastian Hukum

2026-06-11T11:01:33+07:00

This study aims to analyze the legal regulation of the use of Artificial Intelligence (AI) in digital business activities in Indonesia, identify the regulatory challenges encountered, and formulate an ideal legal framework to ensure legal certainty in the utilization of AI technology. The research addresses two main issues: (1) how the use of AI in digital business activities is currently regulated in Indonesia, and (2) what regulatory challenges exist and what ideal legal framework can be developed to achieve legal certainty in the use of AI. This research employs a normative legal research method using a statutory approach, a conceptual approach, and a comparative approach. The legal materials consist of primary legal sources in the form of legislation and secondary legal sources, including scholarly literature, scientific journals, and relevant policy documents. The findings reveal that Indonesia has not yet enacted a specific regulation governing the use of AI in digital business activities. Existing legal provisions are dispersed across several regulations, including the Law on Electronic Information and Transactions, the Personal Data Protection Law, Government Regulation Number 71 of 2019, and the Consumer Protection Law. Consequently, these regulations have not been able to provide comprehensive legal certainty regarding AI utilization. The regulatory challenges include delays in legal development, the absence of AI risk classification, issues related to algorithmic transparency, personal data protection concerns, and unclear legal liability mechanisms. Therefore, the government is encouraged to establish a dedicated AI regulatory framework based on a risk-based approach, ensuring transparency and accountability, supported by effective oversight mechanisms to create legal certainty in digital business activities.

Analisis Yuridis Pemajakan Capital Gain Aset Kripto Indonesia Singapura dan Mitigasi Capital Flight

2026-06-05T14:50:13+07:00

The development of cryptocurrency as a digital investment instrument has created new challenges for national taxation systems, particularly regarding the taxation of capital gains and the potential risk of capital flight. Indonesia, through Minister of Finance Regulation Number 68/PMK.03/2022, has regulated the taxation of crypto asset transactions, while Singapore adopts a relatively more flexible policy toward digital asset investment gains. This study aims to analyze the comparative regulation of cryptocurrency capital gains taxation in Indonesia and Singapore and its implications for potential capital flight. This research employs a normative juridical method using statutory and comparative approaches. The findings indicate that differences in taxation regimes between Indonesia and Singapore may influence investors’ decisions in determining the location of digital asset transactions. Therefore, an adaptive and competitive taxation policy is required to maintain legal certainty while preventing capital flight in the digital economy era.

Peran Aktif Korban Anak Ditinjau Dari Kajian Filsafat Terhadap Sanksi Pidana Pelaku

2026-06-11T11:11:12+07:00

The phenomenon of children's involvement as victims in criminal offenses, particularly sexual violence and sexual exploitation, has generated debate regarding the relevance of the concept of active victim participation in the imposition of criminal sanctions on offenders. This study aims to philosophically analyze the construction of active child victim participation from a victimological perspective and to examine the legitimacy of its use in sentencing considerations. The research employs a normative juridical method with an interpretive qualitative approach. Data were collected through library research. Data analysis was conducted using a descriptive-analytical method based on victimology, criminal liability theory, and legal philosophy. The findings indicate that child victims who outwardly appear to participate actively are generally situated within unequal power relations, grooming processes, psychological manipulation, emotional dependency, threats, and the influence of the offender's authority. Therefore, the concept of victim precipitation cannot be applied mechanically to child victims due to their limited psychological and moral capacity. The study also reveals that the use of victims' behavior as an implicit factor in sentencing considerations may encourage practices of victim blaming and secondary victimization. From the perspective of legal philosophy, the concept of active child victim participation lacks ethical legitimacy as a basis for reducing an offender's criminal responsibility because it contradicts the principles of moral culpability and child protection.

Kajian Filsafat Hukum Mengenai Pembatasan Waktu Kuasa Jual Tanpa Dasar Hukum Formal

2026-06-14T17:42:58+07:00

The power of attorney to sell in civil law is rooted in the principle of freedom of contract as stipulated in Article 1338 of the Indonesian Civil Code. However, inpractice, powers of attorney to sell are often made absolute, irrevocable, and without a time limit, and are even attached to loan agreements as security for debt repayment. Such practices give rise to juridical and philosophical issues because they shift the essence of a power of attorney from representation into a disguised transfer of rights, and potentially cause injustice to the grantor of the power. The Supreme Court of the Republic of Indonesia, through various decisions, has consistently rejected the validity of absolute powers of attorney, particularly those used as debt security, and has affirmed that a power of attorney to sell cannot serve as a basis for the transfer of land rights. This research employs a normative legal research method with philosophical, conceptual, and statutory approaches. The study focuses on the philosophical legitimacy of imposing a time limitation on powers of attorney to sell in notarial practice and land administration, despite the absence of explicit regulation in the Civil Code or land law regulations. The findings show that limiting the duration of a power of attorney to sell has strong philosophical legitimacy based on the theories of legal certainty, justice, and utility as articulated by Hans Kelsen, Gustav Radbruch, Aristotle, John Rawls, Jeremy Bentham, and John Stuart Mill. The decisions of the Supreme Court are consistent with these legal philosophical values, as they function as corrective instruments to prevent circumvention of the law and to protect weaker parties. Therefore, the imposition of a time limitation on a power of attorney to sell can be philosophically and juridically justified as an effort to maintain a balance of rights and obligations between the parties, even though it lacks an explicit written normative basis.

Analisis Penerapan Asas Lex Favor Reo dalam Perkara Tindak Pidana Pembunuhan dengan Pemberatan (Studi Putusan Nomor 213/Pid.B/2025/Pli)

2026-06-16T20:37:36+07:00

During the transition period from the Criminal Code (WvS) to Law Number 1 of 2023 concerning the Criminal Code, the application of the lex favor reo principle has become an important issue. The problem of this research is how legal provisions govern the crime of aggravated murder in Indonesia and the legal considerations of the panel of judges in applying the lex favor reo principle. The purpose of this research is to analyze legal regulations regarding aggravated murder in the Criminal Code (WvS) and the new Criminal Code, as well as the legal factors considered by judges when applying this principle. The research method used is normative legal research with statutory, case, contextual, and comparative approaches. Primary, secondary, and tertiary legal sources were obtained through library research and analyzed qualitatively. The results indicate that the provisions regarding aggravated murder are contained in Article 339 of the Criminal Code (WvS) and Article 458 paragraph (3) of Law Number 1 of 2023 concerning the Criminal Code. These provisions essentially have the same substance, regulating murder preceded, accompanied, or followed by another crime for a specific purpose. The new Criminal Code has more modern sentencing guidelines and practices. In Decision Number 213/Pid.B/2025/PN Pli, the panel of judges applied Article 458 paragraph (3) of the new Criminal Code based on the lex favor reo principle because it was considered more advantageous to the defendant in achieving justice, legal certainty, and protecting the defendant's rights during the transitional period of criminal law.

Perlindungan Hukum Nasabah terhadap Kecurangan (Fraud) Perbankan Berdasarkan POJK Nomor 12 Tahun 2024

2026-06-16T20:40:59+07:00

Bank fraud has become a more sophisticated threat with the rapid development of digital financial services. Phishing activities, data theft, social engineering, and misuse of customer data can lead to financial losses and erode trust in the banking sector. The purpose of this study is to analyze the effectiveness of the financial services sector in the banking sector and to evaluate the effectiveness of the anti-fraud strategy laid down in the Financial Services Authority Regulation No. 12 of 2024. This research uses normative legal methods with legal, conceptual and comparative approaches. The results show that consumers are supported by protection and fraud prevention measures, such as data protection, information transparency, customer education, grievance mechanisms for dispute resolution and sanctions against violators. Furthermore, the anti-fraud strategies laid down in the Financial Services Authority Regulations No. 12 of 2024 12, are based on four pillars: prevention, detection, investigation and reporting, and monitoring and evaluation. These initiatives strengthen governance and customer engagement, although there are still challenges in terms of technology readiness, human resources and people.

Fenomena Quiet Firing di Era Kerja Modern: Upaya dan Tantangan Perlindungan Hak Pekerja Dalam Hukum Ketenagakerjaan Indonesia

2026-06-15T20:54:29+07:00

Developments in the modern workplace driven by digitalization, work flexibility, and changes in industrial relations have given rise to the phenomenon of “quiet firing”, a practice in which employers indirectly encourage employees to resign without going through formal termination procedures. This study aims to analyze the legal protection mechanisms for workers experiencing quiet firing and to assess the effectiveness and challenges of such protections within Indonesia’s labor law system. The research method employed is a normative legal approach, utilizing legislative, conceptual, and doctrinal frameworks through a literature review. The research findings indicate that although quiet firing is not explicitly regulated, legal protection for workers can be obtained through internal company mechanisms, the role of labor unions, industrial relations dispute resolution, labor inspection, and lawsuits filed with the Industrial Relations Court. However, the effectiveness of such protection still faces various obstacles, particularly the difficulty of proving the case, limited access to internal company evidence, and the absence of specific regulations regarding constructive dismissal. Therefore, regulatory updates are needed to provide legal certainty and more effective protection for workers.

Kajian Filsafat Hukum Ketenagakerjaan: Rekonstruksi Nilai Keadilan dan Perlindungan Pekerja Dalam Sistem Hukum Indonesia

2026-06-16T20:46:34+07:00

This study analyzes the role of legal philosophy in shaping labor law and its implications for worker protection in Indonesia. Using a normative juridical method, the study finds that justice, legal certainty, and utility are not yet balanced. A progressive legal approach is required to ensure optimal worker protection.

Peran Badan Kesatuan Bangsa Dan Politik dalam Pelaksanaan Seleksi Calon Pasukan Pengibar Bendera Pusaka Kabupaten Semarang

2026-06-01T21:56:39+07:00

Strengthening nationalism among the younger generation has become an important issue amid the rapid development of globalization and information technology, making the Flag Raising Troop (Pasukan Pengibar Bendera Pusaka or Paskibraka) Program a strategic medium for instilling Pancasila values and national insight. This study aims to analyze the role of National Unity and Political Agency in Semarang Regency (Badan Kesatuan Bangsa dan Politik or Bakesbangpol) in the implementation of the selection process for the Flag Raising Troop Candidates (Calon Pasukan Pengibar Bendera Pusaka or Capaska) at the regency level. This research employed a qualitative method with data collected through observation, interviews, and documentation, which were analyzed using Soerjono Soekanto’s role theory. The findings reveal that Bakesbangpol of Semarang Regency serves as the primary coordinator in the Capaska selection process, covering recruitment, selection, education and training, as well as the development of Pancasila ideology, while also facing challenges related to participants’ physical and mental readiness, strengthening youth nationalism, digitalization of the selection system, limited personnel, budget constraints, cross-sectoral coordination, and technical issues within the digital system. Therefore, strengthening institutional capacity, optimizing partnerships, enhancing coordination, and developing supporting systems are necessary to reinforce the role of Bakesbangpol in implementing an effective, transparent, and accountable Capaska selection process aimed at fostering a younger generation with strong Pancasila values and national character.

Eksistensi Filsafat Hukum dalam Mewujudkan Kepastian dan Keadilan Hukum

2026-06-22T16:03:28+07:00

The philosophy of law is a branch of science that examines the nature, purpose, and values ??underlying the existence of law. This study is important because law functions not only to create certainty but also to realize justice in society. This research aims to explain the concept of the philosophy of law, analyze the relationship between legal philosophy and legal certainty and justice, and examine its role in realizing these two values. The research uses a normative legal method with a library research approach. Data were obtained from books, scientific journals, academic articles, and relevant laws and regulations, then analyzed descriptively and qualitatively. The results show that the philosophy of law plays a crucial role as a foundation for the formation, interpretation, and enforcement of law. The philosophy of law also serves to bridge the balance between legal certainty and legal justice, so that the law not only provides order but also fulfills society's sense of justice. Thus, the philosophy of law plays a crucial role in realizing a just, certain, and beneficial legal system.

Integritas Pemilu sebagai Prasyarat Demokrasi: Telaah Konseptual atas Peran KPU, Bawaslu, dan DKPP

2026-06-27T19:27:41+07:00

This study examines the functions and authorities of the General Elections Commission (KPU), the Election Supervisory Agency (Bawaslu), and the Election Organizers Ethics Council (DKPP) in achieving democratic elections in Indonesia. KPU serves as the primary election organizer, Bawaslu acts as both supervisor and resolver of administrative disputes, and DKPP functions as an ethical institution that safeguards the integrity of election organizers. These three institutions hold strategic positions within the constitutional system, complementing one another through executive, supervisory, and code of ethics enforcement functions. Through institutional synergy, the principles of democracy, justice, and good and clean governance can be realized at every stage of the election.

Reformasi Hukum Jabatan Menteri Sebagai Instrumen Revitalisasi Kabinet Profesional

2026-06-23T15:52:21+07:00

The modern era demands adaptive and professional governance in order to achieve the Sustainable Development Goals (SDGs), particularly Goal 16, and to align with the Asta Cita vision and the National Research Master Plan (RIRN). However, as a background to the issue, the current situation indicates that executive governance still faces accountability challenges, as evidenced by the KPK’s 2023 data on ministerial corruption, the low Government Effectiveness Index (WGI) in 2022 at minus 0.09, and the low perception of cabinet professionalism according to the 2022 National Administrative Agency survey. Building on these issues, this study aims to analyse the urgency of legal reform regarding ministerial positions as a strategic instrument to revitalise a professional cabinet, focusing on legality, competence, and independence from conflicts of interest. The research method employed is descriptive-analytical qualitative research through literature review and document analysis sourced from legislation, scientific publications, and official government reports. The research findings indicate that the existing legal framework still contains regulatory loopholes in the selection and oversight systems, making it vulnerable to triggering maladministration and detrimental political intervention. Therefore, a conceptual model for legal reform is required that establishes the appointment of ministers based on standardised and accountable competency criteria. In conclusion, legal reform regarding ministerial appointments is a crucial instrument in revitalising a professional cabinet, as strengthening the regulations governing the appointment and dismissal of ministers will result in a competent and clean executive branch capable of strengthening state institutions that are oriented towards the public interest.

Analisis Yuridis Terhadap Pengaturan Liquid Pods Dalam Perspektif Penyalahgunaan Zat Psikotropika di Indonesia (Studi Putusan Nomor 817/Pid.Sus/2025/Pn Kis)

2026-06-27T19:28:58+07:00

Technological developments have encouraged innovation in the electronic cigarette industry, including the emergence of liquid pods used in pod-based vaping devices. In practice, liquid pods are not only utilized as a medium for nicotine consumption but are also increasingly misused as a means of consuming psychotropic substances and narcotics. This situation creates legal issues because Indonesian laws have not specifically regulated liquid pods as a medium for the abuse of prohibited substances. This study aims to analyze the legal regulation of liquid pods from the perspective of psychotropic substance abuse in Indonesia and to examine judicial considerations in Decision Number 817/Pid.Sus/2025/PN Kis. This research employs a normative legal research method using statutory, conceptual, and case approaches. The data were obtained through library research involving primary, secondary, and tertiary legal materials and were analyzed qualitatively. The findings indicate that legal regulations concerning liquid pods remain fragmented across several legislative instruments, creating a legal vacuum regarding their misuse. Furthermore, the judicial considerations in the examined decision demonstrate that judges considered both juridical and non-juridical aspects in determining criminal liability.

Kedudukan Dan Hak Waris Perempuan Dalam Sistem Hukum Adat Bilateral Pada Masyarakat Muslim (Studi Kasus di Desa Mekarwangi, Kota Bogor, Jawa Barat)

2026-06-11T22:17:58+07:00

This study examines the position and inheritance rights of women within the bilateral customary law system among Muslim communities in Mekarwangi Village, Bogor City, West Java. Legal pluralism in Indonesia including Customary Law, Islamic Law (inheritance law), and Western Civil Law creates normative tensions that directly affect women’s standing in inheritance. In bilateral or parental societies there is no distinction between patrilineal and matrilineal descent, so in theory women have equal standing with men in claiming inheritance rights. However, in everyday practice the values held by Muslim communities shape inheritance distribution patterns that do not always align with bilateral principles. This study employs empirical legal research with a qualitative approach, using in-depth interviews and participant observation. The findings indicate that in Mekarwangi Village there is a hybridization of bilateral customary norms, where residents tend to combine them with customary deliberation (musyawarah). Women’s position in inheritance in the study area has improved, although structural inequalities remain in control of land and productive assets. The study recommends harmonizing regulations and strengthening community-based legal awareness to ensure gender justice in the inheritance system.

Reorientasi Asas Kebebasan Berkontrak dalam Perjanjian Baku di Indonesia dalam mewujudkan Keadilan Kontraktual Berbasis Asas Proporsionalitas

2026-07-01T21:36:03+07:00

The principle of freedom of contract, as stipulated in Article 1338 of the Civil Code, forms the legal foundation of contracts in Indonesia. In practice, the proliferation of standard-form contracts has led to this principle often being merely formal in nature, as one party lacks adequate opportunity to negotiate the contract’s terms. This study aims to analyze the shift in the meaning of the principle of freedom of contract in standard-form contracts and to formulate a reorientation model focused on contractual justice. The study employs a normative legal methodology using legislative, conceptual, and case-based approaches. The results of the study indicate that the application of the principle of freedom of contract in standard form contracts has shifted from the concept of absolute freedom toward a freedom limited by the principles of balance, good faith, and protection of the party with weaker bargaining power. Therefore, a reorientation of the principle of freedom of contract is necessary through the application of the principle of proportionality as an instrument to create contractual relationships that are fair, balanced, and provide legal certainty.

Tinjauan Hukum Islam Terhadap Praktik Gadai Tanah Terdapat Bangunan Yang Ditempati (Studi Kasus Desa Margawiwitan 2, Kecamatan Sumber Jaya, Kabupaten Lampung Barat)

2026-06-20T20:24:28+07:00

The practice of pawning land containing buildings still occupied by tenants in Margawiwitan 2 Village, Sumber Jaya District, West Lampung Regency, raises Islamic legal issues related to the protection of the rights of the parties in the rahn contract. The problem of this research is how the practice of pawning land containing occupied buildings takes place and how Islamic law views this practice. This study aims to determine the mechanism of pawning implementation that occurs in the community and analyze its compliance with Islamic law provisions. The research method used is qualitative research with a descriptive analysis approach. Primary data were obtained through interviews with land and building owners (rahin), building tenants, and pawn recipients (murtahin), while secondary data were obtained from the Qur'an, hadith, books on muamalah fiqh, books, scientific journals, and previous research. The results of the study indicate that the practice of pawning is carried out due to economic needs by pawning land and buildings that have been previously leased without any transparency of information to the tenant or pawn recipient. This practice contains elements of gharar due to the unclear status of the pawned object and the clause of automatic transfer of ownership to the murtahin if the debt is not repaid. Based on Islamic law, this practice does not fully comply with the principle of rahn because it ignores the rights of the lessee, ignores the principle of transparency, and contradicts the provision that pawned goods do not immediately become the property of the pawned person but must first be sold to repay the debt. Therefore, it is necessary to implement a contract that upholds the principles of justice, transparency, and protects the rights of all parties involved, in accordance with Islamic law.

Penyelesaian Sengketa Sertipikat Elektronik Akibat Kesalahan Data Digital Melalui Mekanisme Administratif

2026-07-05T19:11:22+07:00

The purpose of this study is to analyze the resolving electronic certificate disputes due to digital data errors through administrative channels. The research method used is normative legal research with a statutory and conceptual approach. The legal materials used consist of laws and regulations, legal literature, and other legal materials related to land administration and administrative dispute resolution. The results of the study indicate that the policy for issuing electronic land certificates based on positive law in Indonesia is regulated by Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the RI Number 1 of 2021 concerning Electronic Certificates. The stages of the procedure for issuing electronic land certificates include: application submission, document verification, measurement and mapping, certificate issuance, storage and management of electronic certificates. The resolution of disputes arising from digital data errors in Electronic Certificates in principle prioritizes administrative correction mechanisms by authorized officials before resorting to litigation. This aligns with the provisions of Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 3 of 2023 concerning the Issuance of Electronic Documents in Land Registration Activities, which places electronic data in the Ministry's Database as a legitimate and authentic data source. Electronic documents issued through the Electronic System contain valid rights holder, physical, and legal data, and all of this data is stored in the electronic database of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency.

Analisis Yuridis Terhadap Putusan Yang Telah Berkekuatan Hukum Tetap (Inkracht Van Gewijsde) Studi Kasus Silfester Matutina

2026-04-28T18:18:18+07:00

The enforcement of criminal court decisions that have obtained final and binding legal force (inkracht van gewijsde) in Indonesia is frequently delayed, thereby undermining public trust in law enforcement and the principle of legal certainty. This study aims to provide a juridical analysis of the regulation and implementation of the execution of such decisions through a case study of Silfester Matutina, who was sentenced to 1.6 years imprisonment for defamation against Jusuf Kalla, but whose sentence remained unenforced for more than six years. This research employs a normative juridical method, drawing on statutory and conceptual approaches, and drawing on legal frameworks such as the Kitab Undang-Undang Hukum Acara Pidana (KUHAP) or the Indonesian Code of Criminal Procedure, the Kitab Undang-Undang Hukum Pidana (KUHP) or the Indonesian Penal Code, and the Undang-Undang Kejaksaan or the Law on the Public Prosecution Service, as well as relevant court decisions. The findings indicate that the public prosecutor, as the sole executor of criminal judgments, bears full responsibility through the issuance of an execution warrant. However, in the case of Silfester Matutina, the execution of a final and binding decision was hindered by inter-agency coordination failures, prolonged delays, and alleged external intervention, all of which contravene the stipulated execution timeframe of seven days. Accordingly, this study underscores the need to strengthen prosecutorial independence, develop integratedinformation systems, and implement rigorous oversight mechanisms to ensure the timely and transparentexecution of final court decisions.

Kontradiktif Pengaturan Hukum Yang Hidup Atas Formulasi Penjelasan Pasal 2 Ayat (1) Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana

2026-07-13T12:57:31+07:00

The law that lives in society is basically an original legal value of the Indonesian nation, so it is appropriate for the law that lives in society to have a place in the criminal law system in Indonesia. Policy formulation is basically part of the law enforcement system. With the presence of living legal formulations in society in the provisions of Law Number 1 of 2023 concerning the Criminal Code, law enforcement will have traditional values ??in future legal practices. However, with the presence of an explanation of the formulation of Article 2 Paragraph (1), it turns out that it has attracted the author's attention a little to discuss the essentials of a living law. In this research the author used a normative-juridical method, with descriptive analysis. The research results show that living legal provisions have been formulated systematically, starting from the Constitution of the Republic of Indonesia, Law Number 48 of 2009 concerning Judicial Power and Law Number 1 of 2023 concerning the Criminal Code. Then the contradiction in the existing legal regulations in the Elucidation of Article 2 Paragraph (1) lies in the sound of the formulation in the sentence that "Regional Regulations regulate customary criminal acts". The author suggests that in the future the existing law in regional regulations does not need to mention these customary offenses one by one, but it is sufficient to summon traditional community leaders during the trial to assess whether the actions committed by the defendant constitute a customary offense or not. However, the evidence and decision are still handed over to the judge through the criminal justice system.

Penegakan Hukum Terhadap Tindak Pidana Impor Pakaian Bekas Dari Malaysia ke Indonesia Berdasarkan Undang-Undang No 7 Tahun 2014 Tentang Perdagangan

2026-06-03T14:19:41+07:00

The circulation of imported used clothing from Malaysia to Indonesia is still found despite being prohibited by law. This practice has the potential to harm the domestic textile industry, disrupt business competition, and pose a risk to public health. The problem in this study is the suboptimal law enforcement against importers and parties involved in the distribution of imported used clothing and to identify the factors that hinder law enforcement. This study aims to analyze the implementation of law enforcement against the crime of importing used clothing based on Law Number 7 of 2014 concerning Trade and examine the factors that hinder its effectiveness. The research method used is a combined legal research, namely normative and empirical research with a statutory, conceptual, and sociological approach. The results show that law enforcement has been carried out through preventive and repressive efforts by the Directorate General of Customs and Excise together with related agencies, but has not been optimal due to limited supervision, difficulties in proving the origin of goods, and high demand for imported used clothing. Therefore, it is necessary to strengthen inter-agency coordination, increase supervision, and enforce the law more firmly to achieve legal certainty and protection for the domestic industry.

Perlindungan Hukum Gabungan Kelompok Tani (Gapoktan) Tani Maju Terhadap Konsekuensi Perjanjian Lisan Jual Beli Hasil Pertanian Hortikultura di Sidakangen Banjarnegara

2026-07-05T16:15:38+07:00

Oral agreements remain widely used in the sale and purchase of agricultural products in rural communities because they are considered simple and are based on mutual trust. However, such agreements often give rise to legal disputes when one party fails to fulfill its obligations, resulting in losses for farmers. This study aims to analyze the legal consequences of oral agreements in the sale and purchase of horticultural products and to examine the forms of legal protection available to the Tani Maju Farmers' Association (Gapoktan) in Sidakangen Village, Banjarnegara Regency. This research employed normative and empirical juridical approaches. Data were collected through library research and interviews with the management and members of Gapoktan Tani Maju. The findings show that oral agreements are legally valid and binding provided that they satisfy the requirements stipulated in Article 1320 of the Indonesian Civil Code and have binding force under Article 1338 of the Civil Code. Nevertheless, oral agreements may lead to breach of contract, difficulties in proving the agreement, financial losses, disruption of farmers' working capital, and declining mutual trust between the parties. Legal protection may be provided through preventive measures, including the use of written or electronic evidence, legal education, and strengthening the institutional role of Gapoktan, as well as repressive measures through both non-litigation and litigation dispute resolution. This study concludes that strengthening evidentiary mechanisms and the institutional capacity of Gapoktan is essential to enhancing legal certainty and providing more effective legal protection for farmers in agricultural sale and purchase transactions.

Kekosongan Hukum Mengenai Status Hak Atas Tanah Terbelah Akibat Pergeseran Alur Sungai dalam Perspektif Kepastian Hukum Agraria di Indonesia

2026-08-05T22:48:25+07:00

The shifting of a river channel is a natural phenomenon that can alter the physical shape and boundaries of land parcels, thereby creating legal issues regarding the status of land rights for land split by the formation of a new river channel. To date, agrarian legislation has not explicitly regulated the legal status of land rights affected by such physical changes, resulting in a legal vacuum that impacts legal certainty for land rights holders. This study aims to analyze the nature of this legal vacuum concerning the status of split land rights and to analyze the reconstruction of legal regulations from the perspective of agrarian legal certainty in Indonesia. The study employs a normative legal research method utilizing statutory, conceptual, and case-based approaches. Legal materials comprising primary, secondary, and tertiary sources were analyzed qualitatively through methods of legal interpretation. The findings indicate that Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles and its implementing regulations do not specifically address the status of land rights split by river channel shifts. This situation leads to legal uncertainty and divergent interpretations in land administration practices, while also creating the potential for disputes regarding ownership and boundaries. Therefore, a reconstruction of legal regulations is required to address the continuity of land rights, mechanisms for adjusting physical and juridical data, certificate renewal, and the harmonization of land regulations with water resource regulations, all with the aim of ensuring legal certainty, legal protection, and orderly land administration in Indonesia.