JURNAL HUKUM SEHASEN

Juridical Analysis Of Criminal Liability For Perpetrators Of Religious Blasphemy Through Electronic Media (A Study Of Medan District Court Decision Number 2359/Pid.Sus/2024/PN Mdn)

2026-10-06T12:58:16+07:00

Criminal liability for perpetrators of religious blasphemy through electronic media represents the application of criminal law to intentional acts that affect public order and interreligious harmony. This study aims to analyze the form of criminal liability and assess its application in Medan District Court Decision Number 2359/Pid.Sus/2024/PN Mdn using a normative juridical method with statutory and case approaches. The results indicate that the elements of intent, capacity for responsibility, and unlawful acts through electronic media were fulfilled. The panel of judges found the defendant guilty and imposed imprisonment and a fine; however, the sentence is considered relatively lenient given the nature of the offense, its wide dissemination, and its social impact.

Juridical Analysis Of The Criminal Offense Of Collective Violence (Study Of Decision Number 994/Pid.B/2025/PN Mdn)

2026-10-06T13:25:29+07:00

The criminal act of collective violence is an act committed by two or more persons using violence against individuals or property openly, thereby disturbing public order and causing harm. This study aims to analyze the application of its legal elements and the judge’s considerations in Decision Number 994/Pid.B/2025/PN Mdn. The method used is normative juridical with statutory and case approaches. The results show that the elements must be cumulatively fulfilled, including multiple perpetrators, violence, openness, collective force, and targets against persons or property. Evidence includes witness testimony, visum et repertum, and trial facts. The judge found all elements proven and imposed imprisonment of 2 years and 6 months, considering aggravating and mitigating factors.

Juridical Study On The Best Decision-Making For Children In Determining Child Custody After Divorce (Analysis Of Medan District Court Decision Number 982/Pdt. G/2024/Pn Mdn)

2026-10-06T13:39:53+07:00

Divorce is event law that not only end relationship marriage between husband and wife, but also cause consequence law against child, especially related with rights upbringing child. In practice judicial, determination rights custody children post divorce often arise dispute about parties who most deserved to nurture and nurture children. By because it, judge demanded to take decision which prioritize interests best for the best child *best interest of the child* as principle main in protection child. Research this intended to analyze taking decision judge in determining rights upbringing child post divorce on Decision Court State Medan Number 982/Pdt.G/2024/PN Mdn and analyze determination rights custody children that proper for children post divorce. Method research that used is research law normative with approach legislation and approach case. Data that used form data secondary that consisted top material legal primary, material Law secondary, and material law tertiary that acquired through study literature. Analysis data conducted formal qualitative with study regulation legislation, literature law, and Consideration law judge in verdict which examined. Results research shows that taking decision judge in Decision Court State Medan Number 982/Pdt.G/2024/PN Mdn based on facts trial which prove that Plaintiff more able guarantee maintenance, protection, and development children compared Defendant. In determine right upbring child, judge apply principle interest best for child with consider aspect psychological, emotional, social, education, health, and environment growing flowering child. With such, determination rights custody children post divorce no based on position person elderly as father or mother only, unless on ability real person old in guarantee fulfillment rights child Optimal.

Problems And Effectiveness Of Law Enforcement Of Sexual Violence Crimes In The Implementation Of The TPKS Law In Indonesia

2026-10-06T13:46:26+07:00

Sexual violence constitutes a serious violation of human rights with significant impacts on victims. The Law on Sexual Violence Crimes (TPKS Law) represents a progressive step in strengthening legal protection and law enforcement against perpetrators. This study aims to analyze the challenges in law enforcement and assess the effectiveness of the implementation of the TPKS Law in Indonesia.This research employs a normative legal method with statutory and conceptual approaches, utilizing primary and secondary legal materials. The findings indicate that law enforcement still faces several obstacles, including limited understanding among law enforcement officials, difficulties in evidence gathering, inadequate victim services, and socio-cultural factors that hinder reporting. Nevertheless, the TPKS Law has provided a more comprehensive legal framework for victim protection and recovery. Therefore, improving the effectiveness of its implementation requires enhancing the capacity of law enforcement officials, optimizing victim services, and increasing public legal awareness.

Implementation Of Criminal Law Enforcement Against Third-Party Objections To The Confiscation Of Evidence Under The Law Number 35 Of 2009

2026-10-06T13:54:45+07:00

This study aims to analyze the implementation of criminal law enforcement regarding the protection of bona fide third-party rights against the seizure of evidence in narcotics crimes based on Article 101 of Law Number 35 of 2009 on Narcotics, and to examine the parameters of judicial considerations in assessing the "good faith" of the objector. The research method used is normative juridical with a statutory approach and a case approach through the analysis of Court Decision Number 1/Keberatan-Pid.Sus/2025/PN Bnj. The results show that although Article 101 paragraph (1) grants extensive authority to the state to confiscate assets used in narcotics crimes, paragraph (2) provides legal protection for third parties through an objection mechanism within 14 days. The case study reveals that the Judge granted the Petitioner's objection regarding the seizure of a Honda Vario BK 6537 MBQ motorcycle because it was proven that the Petitioner was the legitimate owner with no causal relationship or mens rea toward the crime committed by the defendant. In conclusion, protection for third parties in good faith is an instrument of substantive justice to prevent state arbitrariness over constitutionally protected property rights.

Legal Protection of Employees’ Wage Rights Under Government Regulation Number 49 Of 2025 on Wages (A Case Study Of CV. Putra Mandiri Medan)

2026-10-06T14:14:50+07:00

Legal protection of employees’ wage rights is one of the state’s guarantees in realizing fair, balanced, and legally certain employment relationships for both employees and employers. Although wage regulations have been stipulated in various laws and regulations, their implementation at the company level continues to face challenges that may affect the fulfillment of employees’ rights. This study aims to analyze the implementation of legal protection of employees’ wage rights under Government Regulation Number 49 of 2025 on Wages at CV Putra Mandiri Medan and to examine the efforts undertaken by the company to overcome the obstacles encountered in implementing its wage system. This research employs an empirical legal research method using an empirical juridical approach. The data were obtained through library research and field research conducted by interviewing the company’s management and employees, and were subsequently analyzed qualitatively. The findings indicate that the implementation of legal protection of employees’ wage rights at CV Putra Mandiri Medan has generally complied with the applicable legal provisions through regular wage payments, overtime compensation, and the application of a wage system based on prevailing laws and regulations. Nevertheless, several obstacles were identified, including delays in wage payments due to administrative processes, employees’ limited understanding of their rights, and the absence of a written grievance mechanism. Therefore, strengthening the wage administration system, enhancing the dissemination of information regarding employees’ rights, and establishing a more effective grievance mechanism are necessary to ensure legal protection that provides legal certainty, justice, and benefits for all parties in the employment relationship.

Criminal Liability For Perpetrators Of The Criminal Offense Of Theft With Aggravating Circumstances Based On Law Number 1 Of 2023 Concerning The Criminal Code

2026-10-06T19:25:56+07:00

Aggravated theft constitutes a crime against property that causes losses and public unrest, and its regulation has been reformed under Law Number 1 of 2023 on the Criminal Code. This study aims to analyze the form of criminal liability of perpetrators under the 2023 Criminal Code and to examine judicial considerations in Decision Number 421/Pid.B/2026/PN Mdn, using a normative juridical method with statutory and case approaches. The results indicate that criminal liability is imposed in the form of imprisonment or fines in accordance with Article 477 of the 2023 Criminal Code, provided that the elements of fault, capacity for responsibility, and the absence of grounds for justification or excuse are fulfilled. In the decision, the defendant was found legally and convincingly guilty of committing aggravated theft and was sentenced to 2 years and 6 months of imprisonment, with the judges’ considerations based on the fulfillment of the elements of Article 477 paragraph (1) letters e and f of the 2023 Criminal Code.

Efforts To Overcome Criminal Acts Of Thughinist Crime In Belawan Bahari

2026-10-06T19:37:28+07:00

Thuggery is a form of crime that creates a sense of insecurity, disrupts public order, and impacts the social and economic activities of the community in the Belawan Bahari area. This study aims to analyze efforts to overcome the crime of thuggery, identify the forms of handling carried out by law enforcement officers and the community, and describe the obstacles faced in the process of overcoming it. The research method used is empirical juridical with a descriptive-analytical approach, through a literature study of related laws and regulations, and field data collection in the form of interviews and/or observations of relevant parties. The results of the study indicate that the prevention of thuggery in Belawan Bahari is carried out through two main approaches, namely preventive (routine patrols, legal guidance/counseling, strengthening police-community partnerships, and mapping vulnerable areas) and repressive (investigation, action, arrest, and legal proceedings against perpetrators in accordance with applicable regulations). The main obstacles include low participation in reporting due to fear of threats, economic and environmental factors that encourage thuggery, limited law enforcement resources, and lack of coordination between parties. This study recommends strengthening community-based prevention strategies, increasing witness/whistleblower protection, and ongoing synergy between authorities, local governments, and community leaders to effectively suppress thuggery practices.

Optimization Of Healthcare Services For Prisoners As A Manifestation Of The Fulfillment Of Human Rights In The Correctional System (A Study At Lubuk Pakam Class Iib Correctional Facility)

2026-10-06T20:07:18+07:00

The correctional system is a concept of prisoner rehabilitation oriented towards social reintegration while ensuring the fulfilment of human rights, including the right to health care. Health care is an important factor in supporting the success of rehabilitation, but its implementation in correctional institutions still faces various obstacles. This study aims to analyse the implementation and optimisation of health services for prisoners as a form of fulfilling human rights through a study at the Lubuk Pakam Class II B Correctional Institution. The study uses an empirical juridical method by examining the provisions of laws and regulations and the factual conditions in the field through interviews and observations, which are analysed qualitatively. The results of the study show that, normatively, health care services are regulated in Law No. 22 of 2022 on Corrections, but their implementation has not been optimal due to limitations in health personnel, infrastructure, and overcapacity. Optimisation is needed through institutional strengthening, improvement of human resources, provision of health facilities, and cooperation with health agencies to create a correctional system oriented towards human values.

Legal Analysis Of The Transfer Of Land Rights In The Cancellation Of The Execution Of Mortgage Rights (Study Of Decision No. 1018 K/Pdt/2014)

2026-10-06T20:15:34+07:00

This study aims to analyze the legal position of the transfer of land rights carried out prior to the imposition of mortgage rights in relation to the execution of mortgage rights, as well as to analyze the judge’s legal considerations in annulling the execution of mortgage rights and the resulting legal consequences for the parties based on Supreme Court Decision Number 1018 K/Pdt/2014. This study was motivated by a dispute between a land purchaser who had acquired rights through a sale and purchase transaction and a mortgage rights holder who sought to execute the same object. The research method employed is normative legal research using a statutory approach, a conceptual approach, and a case approach. The legal materials consisted of primary, secondary, and tertiary legal materials, which were analyzed qualitatively through literature study and legal interpretation techniques. The results of the study indicate that the transfer of land rights occurring prior to the imposition of mortgage rights has a stronger legal position, provided that the validity of the transaction and the purchaser’s good faith can be established. The imposition of mortgage rights on land that has substantively been transferred to another party results in a legal defect in the mortgage rights, thereby rendering their execution legally unjustifiable. The judge’s legal considerations in annulling the execution were based on the protection of the purchaser’s rights that arose earlier and the principle of legal certainty. The legal consequences include the protection of the rights of a good-faith purchaser, the loss of the creditor’s right to execute the disputed object, and the continued obligation of the debtor to fulfill their obligations to the creditor. This study emphasizes the importance of legal certainty in the transfer of land rights and the application of the principle of prudence in the imposition of mortgage rights.

A Juridical Review of the Causes of Divorce in Talak Divorce Cases in Indonesia (A Study of Decision Number 1044/Pdt.G/2025/PA.Stb)

2026-10-06T21:28:52+07:00

In 2024, Indonesia experienced a high divorce rate, recording 446,359 cases, highlighting a gap between the aims of marriage as outlined in Law Number 1 of 1974, which was amended by Law Number 16 of 2019, and the actual circumstances of family life in society. This study was carried out to investigate the legal regulations related to divorce in Indonesia, pinpoint the reasons leading to divorce in cerai talak (divorce by repudiation) instances, and assess the legal foundations taken into account by the judges in Stabat Religious Court Decision Number 1044/Pdt.G/2025/PA.Stb. The research employs a normative legal method that is descriptive in nature, utilizing statutory, case, and conceptual approaches. The information gathered was later examined through a qualitative approach from a normative legal viewpoint. The findings suggest that Indonesian law follows the principle of making divorce challenging, with divorce permitted only through court procedures, as long as the case is presented in court with legally valid reasons, according to Article 19 of Government Regulation Number 9 of 1975 in conjunction with Article 116 of the Compilation of Islamic Law. The reasons for divorce in this instance include ongoing conflicts stemming from financial issues, disrespectful behavior towards one another, breakdowns in communication, extended disagreements, and living apart for over eight months, during which all attempts at reconciliation were unsuccessful. The panel of judges' legal considerations, which utilized the concept of a broken marriage according to Article 39 paragraph (2) of the Marriage Law, Article 19 letter (f) of Government Regulation Number 9 of 1975, and Article 116 letter (f) of the Compilation of Islamic Law as the basis for granting the initial talak raj'i and outlining the wife's rights, can be viewed as having satisfied the principles of legal certainty, justice, and expediency.

Legal Review Of The Determination Of Child Custody Rights To Fathers After Divorce (Case Study Of Stabat Religious Court Decision Number 1762/Pdt.G/2024/PA.Stb)

2026-10-07T00:33:23+07:00

Divorce can lead to various complex legal issues, particularly regarding determining who has the right to care for children. By law, Article 105 of the Compilation of Islamic Law (KHI) stipulates that the mother has the right to care for children who cannot yet distinguish between right and wrong. However, in practice, real-life situations can provide grounds for transferring custody responsibilities to the father if the mother is unable to fulfill her obligations. This study examines the legal regulations regarding the division of child custody rights to the father, the considerations made by judges, and the legal impact on child protection after divorce. The theories used include the principle of the best interests of the child, the concept of hadhanah in Islamic law, and applicable legal provisions in Indonesia. The research method used is a normative juridical method with a case approach, namely by utilizing secondary data in the form of laws and regulations, court decisions, books, and scientific journals, which are then analyzed qualitatively and deductively. The results of the study indicate that in the Stabat Religious Court decision number 1762/Pdt.G/2024/PA.Stb, the judge ruled that custody was awarded to the father because the mother left the child to work abroad, while the father had actually cared for the child in reality. This decision demonstrates the ability of the KHI norms to adapt and implement the principle of the child's best interests in practice. It can be concluded that the determination of custody to the father has a valid legal basis as long as it is proven to be more capable of ensuring the child's overall welfare.

Legal Analysis of Legal Protection for Children as Victims of Sexual Violence Based on Law Number 12 of 2022

2026-10-07T00:42:13+07:00

This study aims to analyze legal protections for children who are victims of sexual violence based on Law No. 35 of 2014 on Child Protection and Law No. 12 of 2022 on Criminal Acts of Sexual Violence, as well as to examine the criminal liability of juvenile perpetrators of sexual violence based on Law No. 11 of 2012 on the Juvenile Criminal Justice System. The research method used is normative legal research with a conceptual approach. Data were collected through a literature review of relevant laws, books, and journals. The results of the study indicate that legal protection for child victims of sexual violence includes special protection, support, rehabilitation, recovery, and restitution as efforts to realize the victims’ rights. Meanwhile, juvenile offenders can still be held criminally liable through the juvenile criminal justice system, which prioritizes the best interests of the child and restorative justice. Therefore, it is necessary to strengthen the enforcement of laws and regulations and improve interagency coordination to ensure effective and fair legal protection for child victims of sexual violence.

Legal Analysis of Legal Protection for Children in Sexual Violence Crimes Based on Law Number 35 of 2014 concerning Child Protection

2026-10-07T00:52:37+07:00

Sexual violence against children creates a complex legal problem when a child is not only positioned as a victim but also as an offender who remains entitled to special protection. This study analyzes criminal sanctions imposed on child offenders of sexual violence, the application of restorative justice, and legal protection for children as both offenders and victims under Law Number 35 of 2014 concerning Child Protection and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The study applies a normative juridical approach through a case study of Decision Number 62/Pid.Sus-Anak/2025/PN Mdn. Primary legal materials consist of the court decision and relevant legislation, while secondary materials include journals, books, and previous studies. The materials are examined qualitatively through content analysis and normative legal interpretation. The findings show that the rehabilitative orientation toward the child offender is reflected in an additional sanction of three months of formal education and vocational training at the North Sumatra Provincial Social Service Unit for Children and Adolescents. Judicial considerations also address the child's age, condition, social inquiry recommendation, continuation of education, and prospects for social reintegration. Nevertheless, the decision provides less explicit attention to the recovery of the child victim than to procedural protection for the child offender. The case therefore demonstrates the need to balance accountability, the best interests of the child, and victim recovery in juvenile justice.

Legal Liability of Umrah Organisers for Losses Suffered by Pilgrims (Study of District Court Decision No. 490/Pid.B/2025/PN PTK)

2026-10-07T09:26:13+07:00

The rapid growth of the umrah travel industry in Indonesia has increased the risk of legal disputes between pilgrims and travel organizers, particularly in cases involving fraud, failed departures, and mismanagement of pilgrims’ funds. Several high-profile cases demonstrate weaknesses in regulatory supervision and consumer protection mechanisms in the pilgrimage travel sector. This study examines the legal relationship between pilgrims and umrah organizers and analyzes the legal responsibilities of organizers when pilgrims suffer losses. The research uses a normative legal method with a descriptive qualitative approach. The study applies statutory and case approaches by analyzing relevant legislation and District Court Decision No. 490/Pid.B/2025/PN Ptk. Legal materials consist of primary, secondary, and tertiary sources collected through library research and analyzed using grammatical, systematic, and teleological interpretation methods. The results show that the legal relationship between pilgrims and umrah organizers is contractual, based on a religious travel service agreement. Failure to deliver promised services constitutes a breach of contract that entitles pilgrims to seek compensation. The case analysis reveals that organizers may also bear criminal liability when fraudulent practices occur, as demonstrated by the court’s decision sentencing the offender to four years’ imprisonment for collecting funds without realizing the promised pilgrimage services. The study concludes that the legal responsibility of umrah organizers is multidimensional, encompassing contractual, administrative, criminal, and ethical obligations. Strengthening regulatory supervision, transparency, and dispute resolution mechanisms is essential to ensure effective legal protection for pilgrims.

Criminal Liability for the Trade of Protected Wildlife from the Perspective of Law Number 5 of 1990 on the Conservation of Biological Natural Resources and Ecosystems

2026-10-07T09:50:25+07:00

The ownership or trade of protected wildlife prohibited by both national and international law is driven by consumer demand for various needs. The aim of this research is to understand the criminal liability for the trade of protected wildlife from the perspective of Law Number 5 of 1990 on the Conservation of Biological Natural Resources and Ecosystems. This study is normative research, which uses legislation as its basis. The data used is secondary data, and the data collection method employed in this research is library research. Based on the research findings, it is understood that the conclusions drawn, as explained in the preceding chapters, indicate that according to Article 40 paragraph (2) of Law Number 5 of 1990 on the Conservation of Biological Natural Resources and Ecosystems, a person may face criminal sanctions, namely imprisonment for a maximum of 5 (five) years and a fine of up to Rp 100,000,000.00 (one hundred million rupiah) as stipulated in the provision of that article. Meanwhile, Article 40 paragraph (4) of the Conservation Law has similarities with the formulation of the offense found in paragraph (2), with the fundamental difference being the element of negligence

Analysis of Criminal Responsibility of Indirect Perpetrators in Corruption Crimes: A Literature Review of the Supreme Court Decision Number 2383 K/Pid.Sus/2023

2026-10-07T10:47:31+07:00

This study aims to analyze in-depth the criminal liability of indirect perpetrators in corruption crimes through a literature review of Supreme Court Decision Number 2383 K/Pid.Sus/2023. The phenomenon of corruption as an extraordinary crime often involves intellectual actors who are not directly involved in the physical losses of state finances, but control the crime through policies, official authority, or structured acts of omission. This study uses a normative juridical approach by examining laws and regulations related to criminal law doctrines regarding participation, as well as the judges' considerations in the decisions reviewed. The results of the analysis indicate that indirect perpetrators can be held criminally responsible if their role through policies, directives, or acts of omission clearly contributes to the occurrence of corruption crimes. The Supreme Court in this decision expanded the application of the doctrine of participation, which allows orderers and intermediaries to be subject to criminal sanctions even though they do not directly carry out physical actions. The element of fault (mens rea) for indirect perpetrators is proven through knowledge and intent regarding potential deviations arising from their instructions or authority. Causally, the established policy has been proven to be a determining factor in enabling the occurrence of the crime. This decision has significant implications for the effectiveness of the justice system in addressing structured corruption and provides a deterrent effect for structural authority holders. However, this broadening of interpretation also presents challenges to legal certainty and the risk of disparity in decisions due to the lack of standard guidelines in assessing the degree of involvement of indirect perpetrators. This study emphasizes the importance of developing clear and consistent legal guidelines and improving the capacity of judges to understand the doctrine of inclusion to maintain the principle of proportionality of punishment and legal certainty in Indonesia

Legal Responsibility Of Notaries As Public Officials Who Commit Unlawful Acts In Preparing Authentic Deeds (Study Of Medan District Court Decision Number 619/Pdt.G/2023/Pn Medan)

2026-10-07T11:29:39+07:00

A notary is a public official authorized to draw up authentic deeds and has other authorities as referred to in this Law or based on other laws as stated in Article 1 Number (1) of Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary. As a public official, a notary has obligations and responsibilities regarding his/her position in providing legal services. One of the notary's obligations in carrying out his/her position is to issue copies of deeds. A notary who does not issue copies of deeds to interested parties has normatively committed an unlawful act. The purpose of this study is to answer the problems in this study related to the notary's legal responsibility when committing an unlawful act by not issuing a copy of an authentic deed and a legal analysis of the judge's legal considerations in deciding case Number 619/Pdt.G/2023/PN Medan concerning unlawful acts committed by a notary as a public official. In carrying out the position of Notary, it is obligatory to "act honestly, independently, impartially, with a full sense of responsibility, based on statutory regulations and the contents of the Notary's oath of office". The Panel of Judges in deciding the case has been deemed correct (res judicata pro veritate habetur). by taking into account the exceptional nature as regulated in Article 191 RBg, Supreme Court Circular Letter Number 3 of 2000 and Supreme Court Circular Letter Number 4 of 2001, in addition the Panel of Judges also took into account the provisions of Article 16 Paragraph (1) in conjunction with Article 54 Paragraphs (1) and (2) UUJN and Article 1365 of the Civil Code which states that "every act that violates the law and causes loss to another person, requires the person whose fault caused the loss, to replace the loss

A Legal Review of Land Sale and Purchase Agreements According to Rejang Customary Law in Pagar Jati Village, Central Bengkulu Regency

2026-10-07T13:44:30+07:00

Land has an important position in people's lives, both economically and socially. In customary law communities, the transfer of land rights, including through sale and purchase, is often regulated based on applicable customary law provisions. The Rejang customary community in Pagar Jati Village, Central Bengkulu Regency, still maintains the implementation of land sale and purchase agreements based on customary rules and procedures that have been passed down from generation to generation and involve customary leaders. Therefore, this study aims to determine and analyze the implementation of land sale and purchase agreements according to Rejang customary law in Pagar Jati Village, Central Bengkulu Regency.This study also aims to identify and analyze the factors that cause people in Pagar Jati Village, Central Bengkulu Regency, to conduct land sale and purchase transactions based on customary practices. This research uses an empirical research method that examines land sale and purchase agreements based on Rejang customary law in Pagar Jati Village, Central Bengkulu Regency.The results show that the implementation of customary land sale and purchase agreements in Pagar Jati Village is still widely carried out through agreements between the seller and the buyer and witnessed by the Customary Leader, the Village Head, and the Village Secretary, with proof in the form of a written statement of land sale and purchase accompanied by a land sketch and signed by the parties and witnesses. In customary law, a land sale and purchase is considered valid if it fulfills the principles of “terang” and “tunai,” meaning that the transaction is conducted openly and the payment is made directly. However, this practice does not provide strong legal certainty compared to land sale and purchase conducted before a Land Deed Official (PPAT). The factors that encourage the community to conduct land transactions based on customary law include a lack of understanding of land law, the influence of long-standing cultural traditions, trust and kinship relationships between the parties, a faster process with relatively lower costs, and the low level of public legal awareness regarding the importance of legal certainty in land ownership

Criminal Liability For Children As Perpetrators Bullying

2026-10-07T14:08:55+07:00

This normative legal study is a case of accountability for children who have been involved in bullying cases through juridical jurisprudence. The author evaluates how criminal law instruments in Indonesia regulate sanctions based on the existence of children as perpetrators of criminal acts. By using the statute approach and the conceptual approach, this legislation refers to crucial regulatory frameworks, including: Law Number 11 of 2012 concerning the Child Criminal Prosecution System, the Child Protection Law (Number 35 of 2014), as we as two codifications of criminal law, namey the old Criminal Code and Law Number 1 of 2023. In addition to the primary data, this study also reies on legal materials that include scientific literature, journals, and supporting documents. Temuan peneitian revealed that the positive law in Indonesia beum has a special codification that regulates the crime of bullying. Even though it is demician, the act of doing so can be accommodated through other qualifications, such as the act of persecution, insult, or the act of not doing so. The legal accountability for child offenders is constructed based on the Child Criminal Defense System Law (SPPA Law), which focuses on the paradigm of criminal justice through diversi instruments. In this context, criminal responsibility for children is not only based on the distribution of sanctions, but also extends to the areas of education, deveopment, and protection. As a conclusion, the trial of the child of the perpetrator of the crime is no longer reational or focused on the punishment of the child. On the other hand, the legal mechanism that is carried out is more focused on rehabilitation and restoration efforts, which are entirey based on the doctrine of the best interests of the child or tejingan terbaik for children.

Legal Protection for Child Victims of Bullying Based on The Values of Justice

2026-10-08T08:59:09+07:00

This study aims to analyze and reformulate effective forms of legal protection for child victims of bullying in Indonesia, with a primary focus on the integration and implementation of justice values, particularly restorative justice and substantive justice, within the legal framework. This study uses a normative legal research method (juridical-normative) by adopting a statutory approach and a conceptual approach. The legal materials used include the Child Protection Law (UUPA), the Juvenile Criminal Justice System Law (UU SPPA), and various legal literature and theories related to victim protection and restorative justice. Data were analyzed qualitatively and descriptively to identify the gap between das sollen (what should be) and das sein (what is). The results of the study indicate that the current legal protection framework is still dominated by a retributive approach (revenge/punishment) and has not fully prioritized holistic recovery (physical, psychological, and social) for child victims. This gap results in the child victims' rights to restitution, rehabilitation, and a sense of security not being fully fulfilled, indicating that substantive justice has not been achieved. Therefore, a paradigm shift in law enforcement is needed through strengthening restorative justice mechanisms that ensure perpetrator accountability that is balanced with the victims' recovery needs. The conclusion of this study confirms that legal protection for child victims of bullying must be strengthened through adjustments to regulations and law enforcement practices. The implementation of justice values, particularly through a victim-oriented restorative approach, is an absolute prerequisite for ensuring the comprehensive protection of child victims' basic rights.

A Legal Review of the Freezing of Dormant Accounts by Banks at the Request of the Financial Transaction Reporting and Analysis Center (PPATK) and Its Impact on Account Holders

2026-10-08T10:18:22+07:00

The practice of blocking dormant accounts in mid-2025 has attracted considerable public attention. The Financial Transaction Reports and Analysis Centre (PPATK), a state institution, is blocking dormant accounts namely, accounts that have not been used for a certain period of time. However, blocking accounts that are not specifically targeted can raise issues requiring solutions, particularly regarding legal responsibility and resolution. Such actions can also erode public trust in financial institutions and disrupt the economic activities of affected individuals. This study aims to examine the legal framework governing PPATK’s authority to block dormant accounts, the legal implications and losses suffered by depositors, and the legal protections available to depositors. The research employs a normative legal method, analyzing relevant legal provisions, including the Banking Act No. 10 of 1998, the Anti-Money Laundering and Counter-Terrorist Financing Act No. 8 of 2010, the Financial Services Authority Regulation No. 8 of 2023, legal doctrines, and pertinent court rulings. These are then examined theoretically within the framework of legal science. It is expected that PPATK and banks will ensure that blocking actions are conducted selectively, in compliance with applicable provisions, and in a manner that does not cause losses to customers.

A Juridical Review Of Trademark Rights For Aluminum Handicrafts In Tanjung Atap Village, Ogan Ilir Regency

2026-10-08T10:27:37+07:00

This study aims to analyze the juridical aspects of trademark rights in aluminum handicraft businesses in Tanjung Atap Village, Ogan Ilir Regency, and to identify the factors that hinder trademark creation and registration. This research employed an empirical juridical method supported by a normative juridical approach. Data were collected through library research and interviews with aluminum handicraft entrepreneurs and the Regional Office of the Ministry of Law of South Sumatra. The findings indicate that the trademarks used by Rohib and Habib have not been registered with the Directorate General of Intellectual Property and therefore have not obtained legal protection as stipulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The main obstacles to trademark registration include limited understanding of the benefits and registration procedures, the perception that the registration process is complicated, concerns regarding registration costs and tax obligations, and the lack of socialization and assistance from the relevant authorities. This study concludes that trademark registration is an essential step in obtaining exclusive rights and legal certainty for business actors. Therefore, greater legal education and institutional assistance are needed to encourage MSMEs to register their trademarks.

Implementation of Article 77 Paragraph (2) of Law Number 6 of 2023 on Job Creation in Regulating Working Hours at Café Panche Hub Palembang

2026-10-08T13:57:01+07:00

This study aims to analyze the implementation of Article 77 paragraph (2) of Law Number 6 of 2023 concerning Job Creation in the regulation of working hours at Café Panche Hub Palembang and identify factors that hinder its implementation. The research uses an empirical juridical method supported by a normative juridical approach. Primary data was obtained through interviews with the management and workers of Café Panche Hub Palembang, while secondary data was obtained through literature studies of laws and regulations, books, and scientific journals related to labor law. The data was analyzed qualitatively by comparing the applicable legal provisions with their implementation practices in the field. The results of the study show that normatively Café Panche Hub has implemented a work system based on the provisions of Article 77 paragraph (2) of Law Number 6 of 2023 through the division of work shifts. However, in practice, workers are still found who work beyond the normal working time limit, especially on weekends and holidays due to the increase in the number of customers. This condition results in overtime work which in some circumstances has not been accompanied by the provision of overtime wages in accordance with the provisions of laws and regulations. The main obstacles in the implementation of working time provisions include high operational burdens, limited number of workers, not optimal shift systems, inconsistent implementation of overtime compensation, and low legal understanding of rights and obligations in employment relations. Therefore, it is necessary to evaluate the work time management system, supervise the implementation of overtime work, and increase legal awareness so that the protection of workers' rights can be carried out optimally in accordance with the applicable legal provisions.

Criminal Liability in Cases of Aggravated Oil Palm Fruit Theft (A Study of Court Decision Number: 699/Pid.B/2023/PN.Rap)

2026-10-09T17:17:22+07:00

Criminal liability in cases of aggravated oil palm fruit theft is a crucial aspect of law enforcement. This addresses the need to deter offenders while simultaneously protecting the interests of plantation owners. Theft of oil palm fruit is a common offense, particularly in regions with extensive plantations; the fruit holds significant economic value, making it a prime target for theft.

This study further examines criminal liability in cases of aggravated oil palm fruit theft (specifically analyzing Court Decision No. 699/Pid.B/2023/PN.Rap). It employs a normative-juridical research method, relying on legal norms found in legislation and court rulings, as well as societal legal norms.Criminal liability in cases of aggravated oil palm fruit theft is established based on the fulfillment of elements under Article 363 Paragraph (1) Point 4 of the Indonesian Criminal Code (KUHP), which covers aggravated theft—specifically theft committed jointly by multiple perpetrators. An analysis of the court ruling in Case No. 699/Pid.B/2023/PN.Rap reveals that the judge explicitly determined the elements of culpability, capacity for criminal liability, and unlawful conduct on the part of the defendant were met, thereby warranting the imposition of a criminal sentence.

Medical Dispute Resolution Under The Perspective Of Law Number 17 Of 2023 On Health

2026-10-08T14:53:25+07:00

Health is a right guaranteed by law in Indonesia and is recognized as one of the nation's fundamental goals as stipulated in the Preamble to the 1945 Constitution of the Republic of Indonesia. However, the provision of healthcare services may give rise to disputes due to differences in perception between patients and medical personnel regarding diagnoses, medical procedures, or treatment outcomes. Therefore, a clear legal framework is essential to provide effective, efficient, and fair dispute resolution. The enactment of **Law Number 17 of 2023 on Health** is expected to bring significant reforms to healthcare regulation in Indonesia, particularly by introducing a more effective, efficient, and equitable mechanism for resolving medical disputes. Nevertheless, a comprehensive review of its implementation and impact is necessary to provide a better understanding for all stakeholders and to contribute to improving the quality of healthcare services in Indonesia. This study analyzes medical dispute resolution from the perspective of Law Number 17 of 2023 on Health by examining how the law influences the resolution process between patients and healthcare professionals, as well as the legal mechanisms it provides for resolving medical disputes. This research employs a normative legal (juridical-normative) method using a statutory approach and adopts a descriptive-analytical design. The findings indicate that medical disputes may be resolved through both litigation and non-litigation mechanisms from civil, criminal, and administrative legal perspectives, with restorative justice prioritized as the preferred approach for resolving disputes.

Effectiveness Of The Role Of Correctional Center In Implementing Diversion For Children In Conflict With The Law In Medan Correctional Center

2026-10-08T15:07:52+07:00

The Correctional Center (Balai Pemasyarakatan or Bapas) is a Technical Implementation Unit of the Correctional System responsible for conducting community research, guidance, assistance, and supervision of correctional clients, including children in conflict with the law, as stipulated in Law Number 22 of 2022 concerning Corrections. Within the Juvenile Criminal Justice System, the Correctional Center plays a strategic role in implementing diversion as a form of restorative justice that prioritizes the best interests of the child. Based on this strategic function, this study aims to analyze the effectiveness of the Correctional Center's role in implementing diversion for children in conflict with the law at the Class I Medan Correctional Center, identify the factors inhibiting the implementation of diversion, and examine the efforts undertaken to improve the effectiveness of restorative justice-based diversion. This study employed an empirical legal research method with a qualitative approach. Data were collected through observation, semi-structured interviews, and documentation, and analyzed using data reduction, data presentation, and conclusion drawing techniques. The findings indicate that the Correctional Center plays an effective role in implementing diversion through the preparation of Social Inquiry Reports (Litmas), assistance for children in conflict with the law, facilitation of mediation between offenders and victims, and supervision of the implementation of diversion agreements. The diversion success rate increased from 84.62% in 2024 to 88.06% in 2025, indicating the increasingly effective performance of Community Counselors (Pembimbing Kemasyarakatan) in supporting the settlement of juvenile cases outside the formal criminal justice process. The main obstacles identified include the limited number of Community Counselors, the low level of public understanding of diversion, and the lack of optimal coordination among law enforcement agencies. Efforts to improve the effectiveness of diversion include legal awareness programs for the public, capacity building for Community Counselors through mediation training, and strengthening inter-agency coordination. The novelty of this research lies in its analysis of the effectiveness of the Correctional Center's role in implementing diversion under the framework of Law Number 22 of 2022 concerning Corrections, with particular emphasis on the contribution of Community Counselors in realizing restorative justice for children in conflict with the law.

The Effectiveness of Law Enforcement Against Traffic Violations via the ETLE (Electronic Traffic Law Enforcement) System within the Jurisdiction of the Simalungun Resort Police

2026-10-08T15:20:12+07:00

This study aims to analyze the effectiveness of law enforcement against traffic violators through the Electronic Traffic Law Enforcement (ETLE) system in the Simalungun Police jurisdiction and identify factors that influence its effectiveness. This is as regulated in Law Number 22 of 2009 concerning Traffic and Road Transportation and Regulation of the Republic of Indonesia National Police Number 2 of 2025 concerning Enforcement of Traffic and Road Transportation Violations Based on Electronic Recording Evidence. Law enforcement against traffic violators through the Electronic Traffic Law Enforcement (ETLE) system as an efficiency accelerates the process of fair and objective enforcement of traffic violations without the presence of officers on the location to avoid deviant practices, modernize law enforcement in line with the development of modern society and create a culture of compliance with traffic regulations without having to be directly supervised. The research method that will be used is the normative juridical method with a statutory and conceptual regulatory approach. The results of the study indicate that the implementation of ETLE is able to increase transparency, objectivity, justice, accountability and legal compliance of the community although there are still obstacles in the form of limited infrastructure and the level of legal literacy of the community. Thus, law enforcement against traffic violators through the Electronic Ticketing system or Electronic Traffic Law Enforcement (ETLE) in the Simalungun Police jurisdiction can be effective but requires adequate infrastructure and continuous socialization so that its implementation runs effectively.

The Role Of Correctional Officers In Inmate Rehabilitation As An Effort To Prevent Recidivism (Study At Class Iia Sibolga Prison)

2026-10-08T15:27:28+07:00

The high rate of recidivism in Indonesia reflects the suboptimal rehabilitative function of the correctional system. This study aims to examine the regulatory framework governing the role of correctional officers in the guidance and rehabilitation of inmates, as well as to identify optimization efforts as a strategy for preventing the recurrence of criminal acts, with the research locus at Class IIA Sibolga Prison. The research was designed using an empirical juridical method that combines a statutory approach and a sociological approach. Data collection was conducted through semi-structured interviews with key informants, participatory observation of rehabilitation activities, and tracing of relevant regulatory documents and correctional policies. All data were analyzed qualitatively using source and method triangulation techniques. The findings reveal that normatively, Indonesian correctional regulations have provided a comprehensive legal foundation for the implementation of the supervisory role by correctional officers. However, in practice, there is a significant gap between the ideal norms and field realities due to human resource deficits, a non-ideal officer-to-inmate ratio, and inadequate rehabilitation infrastructure. The rehabilitation programs conducted are still predominantly administrative in nature and have not yet achieved a deep behavioral transformation of inmates. This study concludes that the effectiveness of recidivism prevention requires optimizing the role of officers through continuous competency strengthening, the application of risk-need-responsivity-based assessment, and a more personal and humanistic approach to rehabilitation as a prerequisite for achieving meaningful social reintegration of inmates.

Legal Implications of Ship Seaworthiness Certification Violations Resulting in Maritime Accidents

2026-10-08T15:36:39+07:00

Ship seaworthiness certification is a substantive legal instrument to ensure that vessels meet technical, administrative, operational, and managerial safety standards before sailing. The purpose of this research is: first, to analyze the legal regulation of ship seaworthiness certification in Indonesian shipping law; second, to identify forms of certification violations that may result in maritime accidents; and third, to analyze the legal liability for masters, shipowners, shipping companies, port officers, and harbormasters when certification violations contribute to accidents. This research uses a normative juridical method with statutory, conceptual, and case approaches. The results show that Indonesian law has regulated seaworthiness through Law Number 17 of 2008, Government Regulation Number 31 of 2021, ministerial regulations, and international maritime safety instruments. However, implementation remains weak because certification, inspection, manifest verification, and port clearance are often treated as administrative formalities. Violations may take the form of expired certificates, certificates inconsistent with the actual condition of the vessel, inadequate technical inspection, manipulation of load or passenger data, and issuance of port clearance despite indications that the vessel is unseaworthy. The cases of KMP Yunicee and KM Sinar Bangun show that defects in load control, manifest accuracy, technical inspection, and sailing approval may create a causal chain leading to accidents. Therefore, legal responsibility must be layered through administrative sanctions, civil compensation, criminal liability, corporate liability, and accountability of negligent officials. Strengthening digital verification and multi-door enforcement is necessary so that certification functions as a preventive safety mechanism, not merely as paperwork.

Legal Sanctions Against Perpetrators Who Destroy or Remove Evidence in Criminal Cases

2026-10-08T15:48:56+07:00

This study aims to analyze the status of physical evidence within the criminal evidentiary system pursuant to Article 235 of Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP), and to examine the forms of liability and legal sanctions applicable to perpetrators who destroy or remove physical evidence before it is formally submitted as evidence, in accordance with Law Number 1 of 2023 concerning the Criminal Code (KUHP). The study employs a normative legal research method, utilizing both statutory and conceptual approaches. The findings indicate that Article 235 of the KUHAP exhaustively lists five types of admissible evidence: witness testimony, expert testimony, documents, indications, and the defendant's statement. Although physical evidence is not classified as a standalone category of evidence, it plays a strategic role in reinforcing other forms of evidence particularly by establishing indications and supporting the proof of the elements of a criminal offense. The destruction or removal of physical evidence prior to trial proceedings constitutes an obstruction of justice and is subject to criminal sanctions under Article 278 of the 2023 KUHP. This provision prescribes imprisonment and/or fines for any person who intentionally conceals, damages, or destroys physical evidence related to legal proceedings. Thus, Indonesia's criminal justice system, through the 2025 KUHAP and the 2023 KUHP, provides normative protection for the integrity of the evidentiary process and ensures criminal liability for any act that obstructs the course of justice.

Implementation Of Fixed-Term Employment Contract Regulations In Non-Profit Organizations Following The Job Creation Law: A Case Study Of The Sumatra Elephant Foundation (Yayasan Gajah Sumatera), Medan

2026-10-08T15:56:52+07:00

The reform of the Fixed-Term Employment Agreement (PKWT) regime following the enactment of the Job Creation Law has generated broad implications, including for the non-profit sector which remains largely neglected in labor law scholarship. This study seeks to examine the conformity of PKWT implementation at the Sumatra Elephant Foundation (YAGASU) in Medan with current labor regulations, to identify obstacles encountered during implementation, and to propose adaptive policy recommendations. Employing a normative-empirical approach and a qualitative case study method, data were gathered through participant observation during the author's internship at YAGASU in 2025, as well as internal and external document study. Thematic analysis revealed three principal findings. First, the practice of repeatedly extending PKWTs for inherently permanent positions is not fully aligned with Article 56 of Law No. 13/2003 in conjunction with PP No. 35/2021. Second, non-compliance also occurs in the obligations to register employment contracts and to provide compensation payments. Third, the main obstacles are structural (dependency on grant funding), institutional (absence of standardized HR procedures), and cognitive (low levels of legal literacy). The study also identifies a phenomenon of normative acquiescence among workers. This research contributes to filling the gap in the labor law literature on the non-profit sector by offering the concept of adaptive legal compliance and a set of recommendations that bridge organizational flexibility with the protection of workers' normative rights.

Analysis of a Judgment Regarding Criminal Sanctions for Child Abuse Where The Child is the Victim (Study Of Judgment No. 5804 K/Pid.Sus/2024)

2026-10-08T16:07:34+07:00

Children are a vulnerable group who are often victims of violence invarious aspects of life whether within the family, the community, or the school environment—and whether in situations of family conflict or in daily life. There are many cases of children falling victim to physical and mental violence, particularly in Indonesia, for example, domestic violence (DV), human trafficking, sexual abuse, and various other forms of criminal violence. This study employs a normative legal approach using qualitative methods, specifically research that focuses on the examination of legal norms through the analysis of legislation, legal doctrine, and relevant literature. Research data was obtained from legal literature and analyzed using descriptive qualitative methods to understand,interpret, and explain the legal issues under investigation. The research results are expected to provide a theoretical contribution to the development of policies regarding legal protection for victims within the existing system, in an effort to enhance legal protection and the role of the Indonesian Child Protection Commission (KPAI) in Indonesia as a means of enforcing the law in a more humane and effective manner toward victims.

Legal Protection And Criminal Risk Mitigation For Officers Implementing The Control Of Electricity Usage Program (P2tl) In Facing Consumer Resistance

2026-10-08T16:15:20+07:00

This study examines legal protection and criminal risk mitigation for officers implementing the Control of Electricity Usage Program (P2TL) in facing consumer resistance. P2TL is an administrative and technical inspection activity carried out by PLN to ensure that electricity usage is lawful, orderly, safe, and in accordance with applicable regulations. In practice, the implementation of P2TL often leads to conflict, as consumers may refuse inspections, decline to sign inspection reports, challenge the removal of measuring devices, object to supplementary charges, or even make threats and file counter-reports against officers. This research uses normative legal research with statutory, conceptual, and case approaches. The findings show that P2TL officers are entitled to legal protection when they perform their duties based on an official assignment letter, valid identity, inspection procedures, witnesses, inspection reports, documentation, and respect for consumer rights. However, such protection is not absolute, since officers may face criminal risks if they act beyond their authority, such as forcibly entering private areas, pressuring consumers to admit violations, dismantling or taking equipment without proper procedure, or requesting direct payment in the field. Criminal risk mitigation should be carried out through the strengthening of assignment legality, proper documentation, the use of non-accusatory language, the involvement of witnesses, prohibition of direct payment to field officers, the provision of consumer objection mechanisms, and institutional legal assistance for officers who act according to procedure. Legal protection for P2TL officers must therefore be placed in a balanced position, protecting officers from unlawful consumer resistance while also preventing arbitrary actions against consumers.

Legal Protection for Victims of Fraud Disguised as Illegal Investment (A Study of Supreme Court Decision Number 4202 K/Pid.Sus/2023)

2026-10-08T16:24:20+07:00

The advancement of digital technology has spawned various technology-based investment instruments that offer convenience and high returns to the public. However, this development has also been exploited by criminals to conduct illegal investment schemes—a prime example being the Viral Blast Global trading robot case. This case resulted in massive financial losses for investors, as it employed a public fund-gathering scheme not backed by genuine trading activities. This study aims to analyze the legal policy regarding fraud disguised as illegal investment, legal protection for victims, and legal liability concerning victims, as addressed in Supreme Court Decision Number 4202 K/Pid.Sus/2023. The research employs a normative legal research method utilizing both statutory and case-based approaches. The legal materials utilized include Article 378 of the Criminal Code (KUHP) regarding general fraud, Law Number 1 of 2024 concerning Fraudulent Acts involving Electronic Information and Transactions (ITE Law), Law Number 7 of 2014 concerning Trade (specifically regarding Ponzi schemes), and Supreme Court Decision Number 4202 K/Pid.Sus/2023. Research findings indicate that the legal policy regarding illegal investments employs both penal and non-penal approaches, involving the imposition of criminal sanctions on perpetrators and the strengthening of oversight over digital investment activities. Legal protection for victims is realized through law enforcement processes, the seizure of assets derived from the crime, and mechanisms for victim restitution. In Judgment Number 4202 K/Pid.Sus/2023, the Supreme Court upheld the criminal convictions of the perpetrators and ordered the forfeiture of assets derived from the crime for restitution to victims via legally prescribed mechanisms. The ruling reflects the state's efforts to provide legal certainty, justice, and protection for the public against digital technology-based illegal investment practices. In conclusion, handling this case requires mastery of digital investigation techniques, including metadata analysis and digital forensics. This research contributes to the development of criminal law studies and offers practical recommendations for strengthening regulations and law enforcement capacity in Indonesia.

Judicial Mafia Behind Onslag Decision: Analysis Of Professional Ethics Violations In The Bribery Case Of Judges In The Cpo Export Corruption Cases Of Wilmar, Permata Hijau, And Musim Mas

2026-10-10T10:25:44+07:00

This paper analyzes the violation of legal professional ethics that occurred in the bribery case involving judges in the corruption of crude palm oil (CPO) export facilities, which involved three major corporations: PT Wilmar Group, PT Permata Hijau Group, and PT Musim Mas Group. The onslag (ontslag van alle recht vervolging) decision issued by the Corruption Court at the Central Jakarta District Court on March 19, 2025, was later proven to be fabricated, involving a bribery scheme worth Rp 60 billion that implicated four judges, two lawyers, and a court clerk. Using the legal profession ethics approach as taught by Irene Putrie, S.H., M.Hum., this paper examines the case thru three layers of analysis: (1) the applicable normative standards in the form of the Code of Ethics and Guidelines for Judge Behavior (KEPPH) and the Indonesian Advocates Code of Ethics (KEAI); (2) professional ethics theories based on Kant's Categorical Imperative, Aristotle's Virtue Ethics, and Mill's Consequentialism; and (3) the factors causing the violations, including the failure of value internalization, culture of impunity, weak structural oversight, and self-rationalization. This paper concludes that the ethical violations in this case are systemic, not merely individual, and recommends reforms in judicial oversight, strengthening the accountability of advocates, and the sustainable revitalization of legal profession ethics education.