JURNAL HUKUM SEHASEN

Legal Analysis Of Human Trafficking Through Platforms Based On Indonesian Laws And Regulations

2025-01-30T06:36:15+00:00

This research analyzes legal protection against human trafficking that can be downloaded via video via social media platforms. Which in this case is often found in social media platform applications where videos contain pornographic elements and it is not uncommon for users to also trade themselves to viewers of the application by including a link that can be accessed by viewers thereby directing them to the application. owner's personal account contact. so that you can carry out the transaction. Thus, this act can be categorized as an act of human trafficking where the person indirectly hands over their rights to something to another person by obtaining an imbalance of economic value that will benefit both parties unlawfully. This research was carried out using a descriptive approach with qualitative methods with a type of normative juridical research based on secondary data sources taken from case studies of court decisions and statutory regulations with analysis using related legal materials. The results of this research obtained results in the form of knowledge regarding forms of legal protection against criminal acts of trafficking in persons carried out through video-based social media platforms which do not contain elements of criminal acts of trafficking in persons as contained in article 40 paragraph 2. and paragraph 2(a) which reads : "The government protects the interests of the public from all types of interference due to the coding of Electronic Information and Electronic Transactions which interfere with public transmissions, in accordance with the provisions of laws and regulations." and the Government is obliged to prevent in the form of blocking websites and prevent the distribution and use of Electronic Information and/or Electronic Documents containing prohibited content in accordance with the provisions of laws and regulations."

Legal Protection For Policyholders Against Breach Of Insurance Contract By Insurance Companies (Analysis Of Decision Number 662/Pdt.G/2023/PN Jkt.Sel)

2025-02-19T05:15:05+00:00

Insurance is an activity established by an individual to cover losses or risks that may occur to those involved in an insurance program. As policyholders, we are required to pay premiums, and the insurance company is expected to fulfill its obligations according to the insurance policy agreement. The problems addressed in this study are: How is the legal regulation regarding breach of contract (wanprestasi)? How is legal protection for policyholders provided? How is the legal resolution of the breach of contract case by the insurance company in case number 662/Pdt.G/2023/Pn Jkt.Sel? This research employs a descriptive-analytical approach. The type of research used in this study is normative legal research, which relies on secondary data. The research method used is library research, involving a review of various sources such as court decisions, journals, expert opinions, scholarly articles, and other readings. Insurance companies committing breaches of contract can cause significant losses for policyholders, as breach of contract refers to the failure to uphold an agreement or violate previously made commitments. The occurrence of such breaches stems from various reasons within the company, leading to their inability to fulfill their obligations to policyholders.

Legal Review Of The Criminal Act Of Fraud Study Of Decision No. 1188/PID.B/2022/PN MDN

2025-02-25T09:39:49+00:00

This study focuses on criminal law policies in dealing with fraud. Fraud is one of the crimes that often occur in society and is regulated in Article 378 of the Criminal Code (KUHP). This study aims to analyze the crime of fraud based on Decision No. 1188/Pid.B/2022/PN MDN. This study uses a normative legal method with a case study approach to examine how the court applies the elements of the crime of fraud in the case. The results of the study show that the court has decided this case by considering the elements of the crime of fraud as regulated in the Criminal Code. However, further analysis reveals several challenges in the application of the principle of justice, especially related to consideration of the victim's losses and the social impacts caused. This study recommends the need for improvements in aspects of law enforcement, including providing compensation to victims as a form of restorative justice.

Analysis Environmental And State Losses In Corruption Offences

2025-02-27T01:58:33+00:00

This research aims to discuss legal issues regarding the validity of environmental damage as an element of state loss in corruption crimes. The main objective of this research is to answer the legal issue of whether environmental damage can be categorized as an element of state loss in corruption crimes. The type of research used in this study is normative legal research, namely by examining legislation, legal doctrines, and legal principles related to the problems studied. The results show that environmental damage cannot be categorized as state losses as referred to in Article 2 paragraph (1) and Article 3 of the Anti-Corruption Law because the aquo article must be proven by the existence of real state financial losses, not potential or estimated state financial losses. Now, law enforcement must be able to prove the value of real or actual losses to state finances or the state economy (actual loss), not only based on the value of losses that may occur (potential loss).

Environmental Loss As An Element Of State Loss In Corruption Offences

2025-03-12T02:16:45+00:00

This research aims to discuss legal issues regarding the validity of environmental loss as an element of state loss in criminal acts of corruption. The main aim of this research is to answer the legal issue of whether environmental damage can be categorized as an element of state loss in criminal acts of corruption. The type of research used in this research is normative legal research, namely by examining statutory regulations, legal doctrine, and legal principles related to the problem being studied. The research results show that environmental damage cannot be evidence of a criminal act because Article 2 paragraph (1) and Article 3 of the Corruption Law must be proven by real state financial losses (actual loss) is not a potential or estimated state financial loss (potential loss). Now, law enforcers must be able to prove the real or real value of losses to state finances or the state economy (actual loss), not just based on the potential value of losses that may occur (potential loss)

The Legal Perspective Tug-Of-War In Determining The Status Of Loot Boxes And Gacha As Gambling

2025-03-12T02:17:40+00:00

The evolution of technology in the gaming industry has introduced monetization mechanisms such as lootboxes and gacha, which leverage elements of chance. Although popular, these practices raise concerns about potential gambling and their impact on consumers, particularly children. This study aims to analyze the relevance of Indonesian regulations in governing lootboxes and gacha and identify existing regulatory gaps. A normative juridical method was applied by reviewing primary laws such as the ITE Law, the Criminal Code, and consumer and child protection laws. The findings reveal that while existing laws prohibit gambling, they do not explicitly regulate lootboxes. It concludes that more specific regulations and the establishment of a supervisory authority are necessary to protect consumers from digital exploitation.

Legal Study On Handling Cases Of Sextortion Involving Minors As Perpetrators And Victims In Indonesia

2025-03-12T02:18:37+00:00

Sextortion involving children as both perpetrators and victims is a serious issue that requires a comprehensive legal approach in Indonesia. This study aims to analyze the effectiveness of existing regulations and challenges in the legal protection of children in sextortion cases. The research uses a normative juridical method by examining relevant laws such as the Child Criminal Justice System Law (UU SPPA), Pornography Law, Electronic Information and Transactions Law (UU ITE), and Sexual Violence Law (UU TPKS). The results indicate that although various regulations exist, challenges remain in ensuring consistent law enforcement, special protection for child victims, and adequate trauma management. In conclusion, improvements in law enforcement, inter-agency coordination, and increased public awareness are needed to protect children from digital-based crimes

Protection Of Victims' Rights In Cases Of Maltreatment That Resulted In Death: A Case Study Of Ronald Tannur

2025-03-12T02:19:33+00:00

This research aims to analyze how victims' rights are protected in Indonesia for cases that occur such as abuse and what laws can be imposed on the perpetrator through the case of Ronald Tannur who abused his girlfriend. The research method used in writing this paper is the normative legal research method (normative doctrinal-juridical). In this research, the author uses primary legal materials and secondary legal materials. In this research, the researcher used library materials as the main material for analyzing cases, and in conducting research. Normative legal research is a process of finding legal rules, legal principles and legal doctrines. The legal materials used in this research are primary legal materials and secondary legal materials. Primary legal materials include statutory regulations and official documents that contain legal provisions, while secondary legal materials are legal materials that provide explanations regarding primary legal materials. The results obtained in this research show that there are various legal bases that have been implemented in Indonesia, such as regulations that have been issued and stipulated by the government which regulate the protection of victims' rights, one of which is Undang-Undang (UU) Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban in Indonesia. Apart from that, there are articles from the Kitab Undang-Undang Hukum Pidana that can sentence such perpetrators to prison, such as Pasal 338 of the Kitab Undang-Undang Hukum Pidana.

The Quality Of Public Services Of The Kediri City Government Through An Analysis Of Compliance With Public Service Standards

2025-03-12T02:20:20+00:00

In the case of Kediri City, public service providers are required to comply with the established public service standards. During 2021 to 2023, the level of compliance in the provision of public services by the Kediri City Government was quite slow. The compliance index value of the Kediri City Government from 2021-2023. In 2021, the compliance value of Kediri City was 57.78 (yellow zone), in 2022 the compliance value of Kediri City was 65.22 (yellow zone) there was a fairly small increase in value of 7.44 so that it still remained in the yellow zone. Kediri City in 2023 received a compliance level value of 80.13 (green zone) there was an increase in value of 14.91 from 2022. This makes Kediri City enter the green zone, but with a lower range value in the green zone range. This study aims to analyze the level of compliance with public service standards in improving the quality of service to the community. The research method used is literature study and analysis of ombudsman report documents and the Kediri City Government through qualitative data analysis of the Spradley model. The research findings show that in the case of the Kediri City Government, the high level of compliance with public service standards is not necessarily followed by quality of service.

Strategic Role Of The Legal Bureau Of The Regional Secretariat Of Central Kalimantan Province In Harmonizing Draft Regional Regulations

2025-03-12T02:21:14+00:00

In the context of the implementation of regional autonomy, the Legal Bureau of the Central Kalimantan Provincial Secretariat plays a strategic role in harmonizing the draft regional regulations (RPD). Through qualitative research, it is explained how the Legal Bureau carries out its responsibilities in harmonizing, adjusting, consolidating, and rounding the concept of RPDA with higher, equivalent, or lower laws and regulations. This Legal Bureau is a vertical agency that is active in harmonizing RPDs, ensuring that RPDs are prepared systematically without conflicting or overlapping with each other. The results of the study show that the role of the Legal Bureau is very effective in monitoring the RPD harmonization process in accordance with its elements, such as the order of authority, orderly procedures, and relevant substances.

Competence of Indonesian Courts in Adjudicating Divorce of Foreign Citizens

2025-03-12T02:22:10+00:00

The presence of foreign nationals who live in Indonesia in the long term raises various international legal issues, one of which is related to divorce between the spouses of foreign nationals married abroad. This article discusses the authority of Indonesian courts in adjudicating divorce cases between two foreign nationals married abroad, as well as the application of international civil law principles in determining applicable law. Using the example of the divorce case of a foreign national couple from the United States who married in Philadelphia and lived in Indonesia for more than seven years, this article outlines the application of principles such as lex loci celebrationis, lex domicilii, and lex rei sitae in determining the authority of the court and the applicable law. The analysis shows that Indonesian courts have the authority to adjudicate this divorce based on the spouse's long-standing residence in Indonesia and based on the principles of international civil law that avoid renvoi. Therefore, the Indonesian court can decide this divorce case even though the marriage took place abroad.

Protection Of Civil Rights In Cases Of Grave Human Rights Violations During The Sudan Conflict Through The International Criminal Court

2025-03-13T02:44:38+00:00

International criminal law and international humanitarian law have long sought to protect civilians in armed conflict. The International Criminal Court (ICC) seeks to prosecute perpetrators of serious crimes in Sudan such as genocide, war crimes and crimes against humanity. The ICC seeks to investigate and prosecute perpetrators of crimes with the aim of providing justice for victims and strengthening human rights norms in the Sudan Conflict. This research discusses the protection of the rights of civilians who suffered severe human rights violations in the Sudan conflict through the international criminal court (ICC) with reference to the 1998 Rome Statute. This research uses normative legal research methods in the form of literature studies or document studies on written regulations or other legal materials.

Legal Analysis Of The Problems Of Implementing Restorative Justice In Cases Of Sexual Violence

2025-03-13T02:45:26+00:00

This study aims to analyze the implementation of the restorative justice approach in handling sexual violence cases from a legal perspective in Indonesia. Restorative justice focuses on prioritizing victim recovery and offender accountability through dialogue and mediation processes. However, in cases of sexual violence, the application of this approach faces serious challenges, such as violations of justice principles for victims, social pressure for reconciliation, and the potential for impunity for offenders. This study employs a normative juridical method to examine regulations, court decisions, and relevant legal practices. The findings indicate that while restorative justice has potential as a more inclusive dispute resolution mechanism, in the context of sexual violence, its implementation often fails to align with victim protection. This study recommends strengthening the legal framework to ensure that restorative justice is applied with due consideration to justice principles and without compromising the rights of sexual violence victims.

The Strategy Of The Metro City Government In Improving The Effectiveness Of Subsidized LPG Distribution: Challenges, Solutions, And Innovations

2025-03-13T02:46:46+00:00

Liquefied Petroleum Gas (LPG) is a household fuel that is highly sought after due to its affordability and accessibility. However, the distribution of subsidized LPG often misses its target, leading to inequality. This study aims to analyze the effectiveness of subsidized LPG distribution policies in Kota Metro and identify strategies to improve target accuracy. Using a qualitative research method through field studies and a normative-juridical approach, data was collected from interviews, observations, and documentation involving various LPG user groups, including upper-middle-class, lower-middle-class communities, and LPG depot managers. The findings reveal the need for a transformation in subsidy policies to an individual-based approach and stricter distribution oversight to ensure that subsidized LPG reaches and benefits the poor and vulnerable communities.

The Urgency Of Regulation Of Non Conviction Based Asset Forfeiture In Corruption Criminal Acts In Indonesia

2025-03-13T02:47:36+00:00

Regulations for confiscation of assets without punishment in Indonesia are currently not clearly regulated in statutory regulations. Currently, Indonesia only regulates asset confiscation through the criminal process. Confiscation of assets without punishment or non-conviction based asset forfeiture/NCB is the concept of returning state losses without first imposing a crime on the perpetrator. This concept was developed in several countries that adhere to a common law legal system such as the United States. This concept aims to ensure that confiscation of assets resulting from criminal acts, especially corruption crimes, is implemented optimally and does not cause problems in the future. Researchers are interested in studying and examining the urgency of implementing the concept of confiscation of assets without punishment which is regulated in the legal system in Indonesia with appropriate reviews and provisions in the United Nations Convention Against Corruption. In article 54 paragraph (1) UNCAC has regulated that all countries must consider taking actions deemed necessary so that confiscation of assets resulting from corruption is possible without criminal proceedings in cases where the perpetrator cannot be prosecuted by reason of death, flight or not being found. The approach used in this research is normative juridical, secondary data is the main data

Analysis Of Kpk Policy On Corruption Eradication In Indonesia In The Review Of The Corruption Criminal Law

2025-03-13T02:48:26+00:00

Eradication of corruption is still the focus of law enforcement agencies in Indonesia. The Corruption Eradication Commission (KPK) was formed based on Law Number 30 of 2002 to spearhead the eradication of corruption in Indonesia. The Corruption Eradication Commission is given greater authority in handling corruption cases than other law enforcement agencies, especially the police and the prosecutor's office. Based on data from Law Enforcement Statistics, the KPK has handled 1,135 corruption cases since its establishment, starting from handling cases in 2004 to publication at the end of December 2018. Evidently, the focus of this article is the direction of the anti-corruption policy of the Indonesian Corruption Eradication Commission.

Efforts To Implement Integrated Assessment For Perpetrators Of Class I Narcotics Abuse For Themselves (Study At BNN Lampung Province)

2025-03-13T02:49:17+00:00

The state is responsible for eradicating narcotics crimes. Narcotics are substances or drugs derived from plants or non-plants, which can cause a decrease or change in consciousness, loss of pain and can cause dependence. In an effort to eradicate this crime, the National Narcotics Agency was formed because the distribution and abuse of narcotics has become rampant in society and government. Presidential Regulation of the Republic of Indonesia Number 23 of 2010 concerning the National Narcotics Agency Article 2. After discussions on the Joint Regulation, an Integrated Assessment Team Program was born, consisting of several teams. The teams in question include the Medical Team and the Legal Team which are tasked with carrying out an analysis of the role of suspects arrested at the request of investigators relating to illicit drug trafficking, especially for addicts.This research is focused on the efforts made by the Integrated Assessment Team (TAT) in handling the perpetrators of class 1 narcotics abuse for themselves. This research was conducted using a scientific method approach based on legal sources written in legislation (Law in Books) through 2 main sources at BNN Lampung. Each information is collected and an analysis is made by TAT BNN Lampung relating to the process of conducting assessments and procedures that must be in accordance with Law No. 35 of 2009 concerning narcotics which is then further regulated by PP No. 25 of 2011 concerning the Implementation of Mandatory Reporting of Narcotics Addicts. The process carried out by TAT is carried out with several stages such as information gathering by submitting files to the secretary and reviewed from a legal and medical perspective by each team. The implementation of this integrated assessment process does not require a long time, this is in accordance with the provisions regarding the work procedures of the integrated assessment team stipulated in article 14 paragraph (3) of the Regulation of the Head of the National Narcotics Agency Number 11 of 2014 concerning Procedures for Handling Suspects And / Or Defendants of Narcotics Addicts And Victims of Narcotics Abuse Into Rehabilitation Institutions. Based on some analysis, after taking care of all types of legal requirements in the assessment process, the legal apparatus determines prison as a form of punishment that is appropriate to provide a deterrent effect on the perpetrator. Thus, the application of the law that occurs at BNN Lampung related to TAT and the perpetrators of class 1 narcotics abuse is in accordance with applicable law. The above stages are a form of application of the Integrated Assessment Team (TAT) at the National Narcotics Agency (BNN) Lampung Province. After careful analysis, the Lampung Provincial BNN has implemented several stages and processes that must be carried out by TAT based on Law No. 35 of 2009 and in accordance with PP No. 25 of 2011. The results of this study prove that the Lampung Provincial BNN is in accordance with the application of TAT for class 1 drug abuse from oneself. The suggestion of this research is that the Integrated Assessment Team is expected to be able to overcome various factors that hinder the implementation of the integrated assessment process by increasing cooperation between law enforcement officials and government agencies in order to form good synergy in the implementation of integrated assessments. In addition, it can comply with all procedures in the law on the implementation of the use of class 1 narcotics to the maximum.

Building A Smart Generation In Media: Socialization Of The ITE Law For The Young Generation

2025-03-13T03:07:34+00:00

The development of information technology provides wide access to information and digital interaction. However, the lack of legal literacy among the younger generation often leads to violations that have negative impacts, such as the spread of rights, violations of privacy and cyberbullying. This community service activity aims to improve the understanding of junior high school students about the ITE Law, digital literacy and media ethics. The socialization methods used include interactive presentations, group discussions and legal case simulations. Pre-test and post-test evaluations showed an increase in understanding of digital law by up to 80%. This activity succeeded in equipping students with basic knowledge about digital ethics, data security and the legal implications of online activities.

Legal Aspects Of Business Contract Planning In The Digital Era

2025-03-13T03:08:34+00:00

The advancement of digital technology has significantly transformed the way businesses are conducted, including the drafting of contracts. In the digital era, contracts are not only prepared conventionally but also in electronic forms using digital signatures, online platforms, and blockchain technology. This article discusses the legal aspects relevant to the drafting of digital business contracts, including the validity of electronic contracts, data protection, and dispute resolution. The study refers to the applicable legal frameworks, such as Indonesia’s Electronic Information and Transactions Law (UU ITE) and regulations related to digital contracts. The research shows that although adequate legal foundations exist, challenges persist, particularly regarding the validity of electronic evidence and data security. Therefore, regulatory harmonization and education for business actors are necessary to ensure legal compliance and risk mitigation in the digital era.

Analysis Of The Decision Of The Constitutional Court The Decision Of The Constitutional Court Of The Republic Of Indonesia Number 60/PUU-XXII/2024 On The Threshold Of Candidacy For Regional Heads In The 2024 Regional Elections Leads To Legal Uncertainty F

2025-03-13T03:09:37+00:00

In response to the legal uncertainty arising from Constitutional Court Decision No. 60/PUU-XXII/2024 regarding the candidacy threshold for regional head elections (Pilkada), several strategic recommendations can be implemented to ensure a more transparent and fair electoral process. These include: (a) establishing clear procedural policies, (b) strengthening the role of the legislature (DPR) in lawmaking, (c) limiting the authority of the Constitutional Court, (d) promoting legal education and public awareness, (e) monitoring and evaluating the election process, and (f) conducting academic studies and research. In the context of the regional head candidacy threshold, regulations regarding this threshold should no longer be subject to change within 200 days before the opening of candidate registration by the General Election Commission (KPU). If this measure is not enforced, referring to Constitutional Court Decision No. 60/PUU-XXII/2024, which was issued seven days before the KPU accepted candidate registrations, the Constitutional Court could potentially amend the candidacy threshold regulations just one day before the KPU begins accepting candidate registrations in the 2029 Pilkada.

Legal Protection For Civil Servants Against The Annulment Of The Dishonorable Dismissal Beschikking (In Decisions Number: 19/G/2013/PTUN-BL, 156/G/2016/PTUN-MDN, 43/G/2019/PTUN-SRG)

2025-03-13T03:10:30+00:00

This research aims to analyse the form of legal protection given to civil servants over the cancellation of the dishonourable dismissal (PTDH) beschikking in a state administrative court decision. PTDH is often an important issue in the context of personnel administration, given its significant impact on the career and administrative rights of civil servants. This research uses normative legal methods with conceptual and case study approaches, and analyses various laws and regulations, legal doctrines, and general principles of good governance (AUPB). The results show that judges have a crucial role in ensuring that PTDH decisions fulfil fair and procedural legal principles. In decisions Number: 19/G/2013/PTUN-BL, Number: 156/G/2016/PTUN-MDN, and Number: 43/G/2019/PTUN.SRG, various violations related to procedure, authority, and substance were found that caused the PTDH decision to be declared invalid. However, in some cases, rehabilitation of civil servants is not fully granted, given the limited evidence or insufficiently strong legal reasons. This research emphasises the importance of applying the principles of justice, legal certainty, and protection of civil servants' rights in the civil service administration process. In addition, this research provides recommendations to improve regulations related to the dismissal of civil servants to be more consistent with applicable legal principles.

Criminal Liability Under The Rome Statute Of The International Criminal Court For Israel's Military Offensive On The Gaza Strip

2025-03-13T03:11:17+00:00

This research aims to analyze criminal liability under the Rome Statute of the International Criminal Court regarding Israel's military attack on the Gaza Strip. This research is normative juridical in nature, by looking at international law as rules or norms and general legal principles in the application of international criminal law. The approach used in this research is a case approach. The nature of this research is descriptive research that explains the problem on the facts of armed conflict between Israel and HAMAS and human rights violations committed by Israel against the Palestinian population in Gaza. The data sources in this research consist of secondary data. Data collection techniques were carried out through literature studies and online data searches as well as reviewing laws and regulations and books, journals, and other references relevant to the research. The result of this research is that the International Criminal Court (ICC) is a criminal court that has become part of the international global justice system, has the authority to handle and try crimes in accordance with article 5 paragraph (1) of the Rome Statute. In 2012, as many as 193 countries that are members of the UN have recognized Palestine as a real “state”. With the status changing from “entity” to “non-member state” which means that Palestine has the right to join the ICC. Palestine's joining the ICC was marked by the signing of the Rome Statute on April 1 by the Palestinian president. By joining Palestine to the ICC, it has become the authority and jurisdiction of the ICC as the International Criminal Court to help deal with the conflict that occurred in Palestine. So based on article 13 letter (a) and article 14 of the Rome Statute, referring to the situation in Palestine, the court specifically requested the Prosecutor to help investigate the conflict that occurred, in accordance with the temporary jurisdiction of the country.

Reviewing The Efficiency Of Restorative Justice Implementation In The Dispute Between PT Indonesia Huabou Industrial Park And The Murowali

2025-03-13T03:18:58+00:00

Land plays a very important role in human life, especially in Indonesia, where it is considered a natural resource controlled by the state for the welfare of the people. However, agrarian conflicts often arise, such as the one between PT Indonesia Huabao Industrial Park (PT IHIP) and the Morowali community. This study aims to analyze the mediation mechanism based on the principle of restorative justice in resolving agrarian disputes. Data shows that in 2023, Indonesia experienced 241 agrarian conflicts that harmed many parties, including 608 land rights defenders. This conflict not only has social impacts, but also economic and environmental impacts, such as gas emissions and deforestation due to nickel factory operations. The research method used is descriptive qualitative with a normative legal approach, examining various regulations and legal doctrines. The results of the study show that mediation can be an initial solution in the settlement, but is often ineffective due to the absence of the parties involved and the great influence of one of the parties. Therefore, the application of the principle of restorative justice in mediation is expected to improve relations between the disputing parties and reduce the potential for future conflict. This approach emphasizes inclusive dialogue and reparation for the aggrieved parties, in line with the goal of progressive law to create social welfare.

Application Of Restorative Justice To Settlement Criminal Acts Of Persecution

2025-03-13T03:22:28+00:00

This study aims to analyze the application of restorative justice to perpetrators of persecution crimes. Restorative justice is an approach concept with the main focus on restoring relationships between parties (perpetrators and victims) and the community. The main goal of solving problems with this approach is to maintain a harmonious relationship balance, by mediating and restoring the relationship and reimbursing the losses caused, This research is a normative research with a legal approach, this research is very important to do considering that cases of persecution often occur among the community, while the application of criminal sanctions is felt to be ineffective, The results of the study show that in cases of persecution whose settlement uses a restorative justice approach, providing a fair and effective solution, providing benefits to both the victim (victim recovery), the perpetrator or the community, meaning that the settlement of the case is completed faster and there is a restoration of the relationship between the victim and the perpetrator in conducive circumstances in community social relations in addition to reducing the overloaded burden capacity of the court and correctional institutions. The need for restorative justice arrangements so that it can run optimally in resolving the crime of persecution.

Legal Responsibility Of Parents For Children Who Commit Traffic Violations And Cause Traffic Accidents

2025-03-13T03:25:57+00:00

This study aims to analyze the juvenile justice system that regulates parental responsibility for traffic violations resulting in accidents. The research employs an approach designed to provide a comprehensive analysis of the legal issues under investigation. The methods used include the statute approach to examine relevant regulations, the case approach to analyze court rulings, and the conceptual approach to understand the legal concepts underlying the norm-setting of a regulation. The legal material analysis is conducted by organizing and categorizing data based on specific patterns, allowing for in-depth conclusions regarding parental responsibility for children who come into conflict with the law due to traffic violations. The findings reveal that an examination of Law Number 11 of 2012 concerning the Juvenile Justice System indicates that parents have a responsibility in the diversion process for children who commit criminal offenses. This responsibility includes providing consent in the diversion agreement, compensating the victim, and participating in education, training, or community service. However, for traffic offenses regulated in Article 311, paragraphs 4 and 5 of Law Number 22 of 2009, diversion cannot be applied as the criminal penalty exceeds seven years. In Verdict Number 26/Pid.Sus-Anak/2019/PN.Jap, Marlon Stalone Tan Subay was found guilty of violating Article 311, paragraph 4, making diversion inapplicable. The juvenile justice process was still conducted under the principles of restorative justice, covering stages from investigation to trial. The judge considered deterrent effects and the learning process for the child to prevent repeating similar offenses. Parents continue to play a crucial role in educating, guiding, and supervising their children to prevent future legal violations.

Implementation Of Restorative Justice By The Indonesian National Police After The Enforcement Of Article 70 Of Law Number 1 Of 2023 On The Criminal CodeE

2025-03-13T03:32:59+00:00

Indonesian National Police Regulation Number 8 of 2021 concerning the Handling of Criminal Acts Based on Restorative Justice has regulated police authority. This regulation was established as it is indeed necessary for the police to serve as a guideline in handling criminal acts through a restorative justice mechanism. The establishment of this regulation further emphasizes that the discretion provision in Article 18 of Law Number 2 of 2002 is highly urgent and needed in law enforcement practices. Repressive law enforcement efforts are increasingly considered less effective. The research problem formulated includes: First, what is the meaning of restorative justice as a complaint offense under Article 70 of Law Number 1 of 2023? Second, how is the implementation of restorative justice determination as a complaint offense at the level of authority within the Indonesian National Police? This study employs a normative juridical research method. The findings indicate that the application of restorative justice by law enforcement officials remains inconsistent, with varying interpretations at different stages, including investigation, prosecution, and trial processes. A review of the implementation of restorative justice for children in the Mojokerto District Court Decision Number: 11/Pid.Sus-Anak/2023/PN Mjk serves as an example of such inconsistencies. This issue arises due to the absence of explicit restorative justice provisions within the Indonesian Criminal Code (KUHP). The enactment of Law Number 1 of 2023 further reinforces Indonesian National Police Regulation Number 8 of 2021. The implementation of restorative justice determination for complaint offenses at the level of police authority following the enforcement of Article 70 of Law Number 1 of 2023 also stipulates the conditions under which restorative justice may be granted. The application of Article 70 of Law Number 1 of 2023, when aligned with Article 18 of Law Number 2 of 2002, grants police discretion to apply restorative justice in a manner that can be integrated with public interest considerations, particularly those oriented toward fines.

Juridical Analysis Of The Regulation On Prevention And Handling Of Sexual Harassment In Indonesian Higher Education Institutions

2025-03-13T03:39:12+00:00

The objective of this research is to analyze the legal framework regarding the prevention and handling of sexual harassment in higher education institutions. The research method used in this study is normative juridical. The findings of this study reveal that Law Number 12 of 2022 stipulates criminal liability for perpetrators of sexual violence offenses, including imprisonment and fines. Regarding criminal liability under Law Number 12 of 2022, there is potential for sentencing disparities among judges, as the law only regulates maximum penalties. In addition to imprisonment, fines, or other penalties, judges are also required to determine the amount of restitution for sexual violence offenses punishable by imprisonment of four (4) years or more. Meanwhile, Ministerial Regulation of Education, Culture, Research, and Technology (Permendikbudristek) Number 30 of 2021 provides guidelines for higher education institutions in preventing and handling sexual violence within universities. The targets of sexual violence prevention and handling include: a. Students; b. Educators; c. Educational staff; d. Campus residents; and e. The general public who interact with students, educators, and educational staff in the implementation of the Tridharma. The provisions on administrative sanctions that can be imposed on perpetrators of sexual violence in higher education institutions include minor administrative sanctions, moderate administrative sanctions, and severe administrative sanctions. There is a need for clear indicators regarding the classification of administrative sanctions to determine how a sanction is categorized as minor, moderate, or severe.

Implementation Of Logo Copyright Protection Based On Copyright Law In Yogyakarta

2025-03-13T03:42:50+00:00

This article aims to explain the legal protection of copyright for unregistered logos and identify the causes of copyright infringement. Additionally, it discusses the factors influencing creators' decisions on whether to register their logo copyrights. This study employs both literature research and field research methods. Literature research is conducted to obtain theoretical data, while field research aims to collect primary data through interviews with respondents and informants relevant to the issues being studied. The findings indicate that copyright protection for logos in Yogyakarta has not been fully effective, as evidenced by ongoing copyright infringements on unregistered logos. Despite the declarative principle stating that copyright belongs to the first party to publish it, violations still occur. Several factors contribute to these infringements, including a lack of legal awareness regarding copyright, the desire for quick financial gain, technological advancements, and difficulties in enforcement. To safeguard logo copyrights, registration can serve as initial proof of ownership. However, many creators do not register their logos due to the large number of designs they produce and limited knowledge of copyright law. Therefore, the Yogyakarta Regional Office of the Ministry of Law and Human Rights is expected to enhance copyright protection for logos by raising public awareness about the importance of safeguarding intellectual property. Additionally, copyright holders whose rights have been violated are encouraged to pursue legal action, either through litigation or non-litigation, to ensure their logo rights are not arbitrarily taken.

Analysis Of Maladministration In The Online Licensing System In Indonesia

2025-03-14T03:01:04+00:00

Digitization of licensing through an online licensing system aims to increase transparency and administrative efficiency. However, maladministration is still found, such as protracted delays, abuse of authority, and lack of transparency. This research uses a normative method with statutory and conceptual approaches. The research results show that technical obstacles, weak supervision, and personal interests are the main factors in maladministration. Recommended solutions include improving digital infrastructure, transparency of services, and strict sanctions for officials who abuse their authority. With these improvements, the online licensing system can run according to the principles of good governance.

Identification Of Sexual Violence Cases In Higher Education: A Human Rights And Academic Ethics Perspective

2025-03-14T07:54:39+00:00

Kekerasan seksual memiliki dampak multidimensional yang mencakup aspek fisik, psikologis, dan sosial. Fenomena ini tidak hanya terjadi di ruang publik, tetapi juga di lingkungan institusi pendidikan tinggi. Berdasarkan data tahun 2024, tercatat sebanyak 25.528 korban kekerasan seksual dengan mayoritas korban merupakan perempuan berusia muda, termasuk mahasiswa, yang mencapai 22.118 individu atau sekitar 79,8% dari total kasus. Penelitian ini menggunakan metode deskriptif kualitatif dengan pendekatan cross-sectional guna memberikan gambaran empiris mengenai prevalensi dan karakteristik kekerasan seksual berdasarkan data yang telah terdokumentasi. Sumber data utama berasal dari situs resmi pemerintah, yaitu https://kekerasan.kemenpppa.go.id/, yang merupakan bagian dari SIMFONI PPA di bawah naungan Kementerian Pemberdayaan Perempuan dan Perlindungan Anak Republik Indonesia. Data yang digunakan mencakup laporan kasus kekerasan seksual yang terjadi sepanjang periode Januari hingga Desember 2024. Hasil penelitian mengindikasikan bahwa kekerasan seksual di lingkungan pendidikan tinggi masih menjadi isu mengkhawatirkan dengan total sebanyak 2.761. Bentuk kekerasan yang teridentifikasi meliputi pelecehan verbal, penyalahgunaan wewenang, serta kekerasan berbasis gender yang kerap terjadi dalam relasi hierarkis, baik antara dosen dan mahasiswa maupun di antara mahasiswa sendiri. Meskipun regulasi seperti Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual dan Peraturan Menteri Pendidikan, Kebudayaan, Riset, dan Teknologi (Permendikbudristek) Nomor 30 Tahun 2021 telah diterapkan, implementasinya masih menghadapi berbagai tantangan terutama dalam aspek penegakan hukum dan keberanian korban untuk melaporkan kasus yang dialaminya. Sebagai langkah mitigasi, diperlukan penguatan literasi hukum bagi mahasiswa, optimalisasi peran Satuan Tugas Pencegahan dan Penanganan Kekerasan Seksual (Satgas PPKS), serta internalisasi nilai-nilai kesetaraan dan penghormatan terhadap hak asasi manusia dalam budaya akademik. Maka, disarankan perguruan tinggi perlu membangun mekanisme pelaporan yang lebih mudah diakses dan menjamin anonimitas korban agar merasa aman dalam melaporkan kasus kekerasan seksual.

Achieving Public Welfare through Tax Facilities On Foreign Grants For The Government Projects

2025-03-20T05:19:20+00:00

This study aims to identify tax facilities in the implementation of grants for government project purposes. Taxation serves as a crucial instrument in supporting economic growth and national development. Its budgetary function plays a vital role in ensuring sufficient state funds for financing government activities. Additionally, its regulerend function contributes to facilitating national economic growth, such as providing tax incentives for foreign grants aimed at government project implementation. Following the enactment of Minister of Finance Regulation Number 80 of 2024, provisions have been established to ease the granting of tax facilities for foreign grants intended for government projects. However, an analysis of the procedures and mechanisms for its application is necessary. The research method used in this study is normative juridical with a qualitative approach. This study found that government projects funded by foreign grants eligible for tax facilities under Minister of Finance Regulation Number 80 of 2024 have a broader scope compared to the definition of public interest projects, thus making the regulation applies lex specialis derogat legi generali. The tax facilities provided include value-added tax (VAT), sales tax on luxury goods, income tax, and as well import duties.

Customary Forests Social Forestry Scheme: One Of The Strengthening Of Indigenous Peoples In Managing Natural Resources

2025-03-20T05:20:43+00:00

Although the 1945 Constitution of the Republic of Indonesia states that the state recognizes and respects customary law communities, its recognition is conditional on customary law communities in managing their natural resources, especially in the status of certain forest areas. This paper examines how the role of customary forests in social forestry schemes provides space and access to customary law communities in natural resource management. The results of the study show that the ratification of the Decree (SK) of Customary Forests in the social forestry scheme is able to provide legitimacy to indigenous peoples in managing natural resources in accordance with their local wisdom and also have an impact on strengthening customary practices in the management of their natural resources

Position Of Operational Cooperation (KSO) Made Without Notary Deed In Civil Law System And How Responsible Towards Third Parties

2025-03-20T05:22:01+00:00

Operational Cooperation (KSO) is a breakthrough concept in the economic sector that has both positive and negative impacts on business and economic activities in Indonesia. However, the concept of KSO itself still has many shortcomings, one of which is the lack of clear regulations governing KSO. This research discusses the legal standing of Operational Cooperation (KSO) within Indonesia’s civil law system. The study employs a normative juridical method through literature review, addressing two main research questions: (1) What is the legal position of a KSO established through a cooperation agreement within Indonesia’s civil law system? (2) What are the liabilities of a KSO established based on its cooperation agreement? The findings indicate that a KSO, despite not having legal entity status but being formed through a cooperation agreement, cannot be considered a legal subject within Indonesia’s civil law system. Furthermore, a KSO established without a notarial deed remains legally valid and binding as long as it meets the contractual requirements stipulated in Article 1320 of the Indonesian Civil Code (KUHPerdata). Even without a notarial deed, the parties involved remain personally liable for the obligations stated in the agreement. This study highlights and emphasizes the fundamental legal basis for the establishment of a KSO and its liabilities towards third parties.

Legal Policy On The Criminal Acts Of Extortion And Threast Via Social Media

2025-03-24T01:54:46+00:00

Kebijakan hukum mengenai tindakan pemerasan dan pengancaman melalui media sosial semakin menjadi fokus utama seiring meningkatnya jumlah kejahatan siber. Media sosial, yang merupakan alat komunikasi yang mudah diakses, seringkali disalahgunakan untuk melakukan tindakan kriminal yang merugikan pihak korban, baik dari segi materiil maupun immateriil. Penelitian ini bertujuan untuk mengkaji kebijakan hukum mengenai tindakan pemerasan dan pengancaman yang terjadi di media sosial di Indonesia. Metode yang digunakan dalam penelitian ini adalah yuridis normatif, yang berfokus pada peraturan perundang-undangan serta sumber hukum sekunder yang diperoleh dari buku dan jurnal hukum. Hasil penelitian menunjukkan bahwa meskipun Undang-Undang Informasi dan Transaksi Elektronik (UU ITE) telah menyusun ketentuan yang jelas mengenai tindakan pemerasan dan ancaman di media sosial, masih terdapat celah dalam penerapan serta penegakan hukum yang efisien. Oleh karena itu, dianjurkan untuk memperkuat regulasi, meningkatkan pemahaman digital di masyarakat, dan memberikan pelatihan kepada penegak hukum agar lebih efektif dalam mengidentifikasi dan menangani kasus pemerasan serta pengancaman di dunia maya.

Legal policies regarding extortion and threats through social media are increasingly in primary focus as the number of cybercrimes increases. Social media, which is an easily accessible communication tool, is often misused to commit criminal acts that harm the victim, both in terms of material and immaterial. This study aims to examine legal policies regarding extortion and threats that occur on social media in Indonesia. The method used in this study is normative juridical, which focuses on laws and regulations as well as secondary legal sources obtained from legal books and journals. The results of the study show that although the Electronic Information and Transaction Law (UU ITE) has drafted clear provisions regarding extortion and threat on social media, there are still gaps in the efficient implementation and enforcement of the law. Therefore, it is recommended to strengthen regulations, increase digital understanding in society, and provide training to law enforcement to be more effective in identifying and handling cases of extortion and threats in cyberspace.

Legal Protection Of Indigenous Peoples In East Kalimantan In The Development Of The Archipelago's Capital City Associated With Applicable Laws And Regulations In Indonesia

2025-03-24T02:33:07+00:00

This study examines the protection of indigenous peoples in the Nusantara Capital City (IKN) in the context of sustainable development in Indonesia, focusing on the roles, rights, and challenges faced. Using normative research methods with a statutory approach and a conceptual approach, this study analyzes the legal framework that governs indigenous peoples, such as Article 18B paragraph (2) of the 1945 Constitution, Law No. 39 of 1999 concerning Human Rights and the Law on Villages. This research uses the theory of legal protection and implementation theory. The findings suggest that indigenous peoples face significant challenges, including loss of access to traditional lands, marginalization in decision-making processes, and threats to cultural identity. This study emphasizes the importance of a participatory approach that integrates local wisdom to protect the rights of indigenous peoples while supporting fair and sustainable development. This study recommends.