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.

Legal Status and Protection for Online Couriers Delivering Prohibited Goods (Narcotics) Without Their Knowledge

2026-10-22T13:38:44+07:00

The rapid expansion of digital logistics platforms has significantly transformed goods distribution systems in Indonesia by enabling faster deliveries through networks of independent couriers operating within the platform economy. However, this technological development also creates opportunities for narcotics trafficking networks to exploit digital delivery systems by using couriers who often have no knowledge of the contents of the packages they transport. This study examines the legal status and criminal liability of online couriers who unknowingly deliver narcotics within the Indonesian legal system. The research addresses three key issues: the legal status of online couriers in narcotics delivery cases, the application of criminal law principles such as fault, mens rea, presumption of innocence, and proportionality, and the forms of legal protection required to prevent unjust criminalization of couriers. This study employs normative legal research with a qualitative approach, analyzing legislation, criminal law doctrines, court decisions, and relevant scholarly literature. The findings show that Indonesian criminal law requires the presence of both unlawful conduct and culpable mental intent before criminal liability can be imposed. When couriers lack knowledge or intent regarding narcotics contained in delivered packages, the element of fault cannot be established. The study also identifies a regulatory gap in existing narcotics legislation concerning the legal position of digital couriers. Therefore, this study proposes doctrinal reconstruction and regulatory reforms that recognize couriers as potential innocent intermediaries while strengthening platform accountability and evidentiary standards. These reforms aim to ensure fair legal protection for couriers while maintaining effective narcotics law enforcement.

Legal Protection of Patients' Rights in Health Services at Guray Petumbukan Hospital

2026-10-23T13:16:03+07:00

Health constitutes a fundamental human right that must be guaranteed by the State through the provision of safe, quality, equitable, and non-discriminatory healthcare services, including hospital services as individual healthcare facilities. This study aims to analyze the legal regulation of patient protection and the implementation of legal protection for patients in healthcare services at Guray Petumbukan Hospital. The issues examined concern the legal framework governing patient protection within the Indonesian health law system and its practical implementation in hospital services. This research employs an empirical juridical method with a descriptive qualitative approach. Data were obtained through literature review of relevant laws and regulations, particularly Law Number 17 of 2023 concerning Health, as well as through interviews with parties involved in healthcare services at Guray Petumbukan Hospital. The findings indicate that legal protection for patients has been comprehensively regulated, including provisions on patient rights, obligations of hospitals, duties of healthcare professionals, and institutional legal liability. However, its implementation has not yet been optimal, as evidenced by inadequate provision of medical information, the substantive shortcomings in the application of informed consent, limited patient awareness of their rights, and ineffective complaint-handling mechanisms. Therefore, it is necessary to strengthen the implementation of legal protection through improving communication between healthcare providers and patients, enhancing dissemination of patient rights, optimizing complaint management systems, and reinforcing internal supervision, in order to ensure that patient protection is effectively realized in healthcare practice.

Legal Review of Consumer Protection In Online Buying And Selling Transactions With SameDay Delivery Method In Medan (Shopee MarketPlace Medan)

2026-10-23T13:16:38+07:00

The development of e-commerce in Indonesia has driven the increasing use of instant delivery services (same-day delivery), including in Medan City through the Shopee marketplace. This phenomenon offers convenience for consumers, but also raises issues related to delivery delays, damaged goods, and confusion over legal responsibilities between marketplaces, sellers, and logistics service providers. This study aims to analyze consumer legal protection in online transactions using the same-day delivery method in Medan through the Shopee platform, as well as to identify the obstacles and effectiveness of available dispute resolution mechanisms. The research method used is a normative juridical approach with a case-based approach. Data was collected through a literature review of laws and regulations such as Law Number 8 of 1999 concerning Consumer Protection, the Electronic Information and Transactions Law, and Government Regulation No. 80 of 2019 concerning Commerce Through Electronic Systems. Additionally, secondary data was obtained from academic literature and research reports related to consumer disputes in e-commerce. The research results show that although legal protection has been regulated normatively, in practice, consumers still face obstacles in the form of low legal literacy, complicated claims procedures, and the limited effectiveness of dispute resolution institutions such as the Consumer Dispute Resolution Agency. Shopee's internal mechanism, the Shopee Guarantee, is relatively helpful, but it does not fully guarantee fairness because the burden of proof remains heavier on the consumer. This highlights the gap between regulations and the implementation of legal protection in the field.

Legal Protection For Debtors Againstmisuse Of A Power Of Power Is Burdening Mortgage Rights In Financing Agreement Decision Number: 43/ Pdt.G/2016/Pn.Gtlo

2026-10-23T13:17:12+07:00

Mortgage is a material guarantee that gives a preferential position to the creditor, but the use of the Power of Attorney to Charge Mortgage (SKMHT) in practice often causes legal problems, especially abuse that is detrimental to the debtor. This study aims to analyze the legal provisions of mortgage rights and SKMHT, the forms and factors of their abuse, and legal protection for debtors based on Decision Number 43/Pdt.G/2016/PA.Gto, using normative legal research methods through statutory and case approaches. The results of the study indicate that the imposition of mortgage rights must be carried out through a Deed of Granting Mortgage Rights (APHT), but in practice abuses were found in the form of making APHT without the debtor's consent and encumbrances on objects that have not been legally owned, which are contrary to positive law and are influenced by the unequal position of the parties and weak supervision. thus, legal protection for debtors is not optimal due to the dominance of formalistic approaches in court decisions, so it is necessary to strengthen supervision and the application of the principle of prudence to realize substantive justice.

Juridical Analysis of the Legal Implications of Ship Registration with False Documents Perspectives on Legal Certainty and Criminal Liability

2026-10-23T13:17:49+07:00

Ship registration is a crucial administrative process to determine the legal status, nationality, and proprietary rights of a vessel. However, in practice, the use of false documents to manipulate ship identity is often found to evade legal obligations or expedite bureaucratic processes. This research aims to analyze the qualification of the criminal act of document forgery in ship registration and its legal implications for legal certainty and criminal liability for the perpetrators. The research method used is normative legal research with a statutory approach and a conceptual approach. The results show that the use of false documents in ship registration meets the elements of the offense in Articles 263 and 264 of the Criminal Code as a crime against the truth of authentic deeds and violates the criminal provisions in Law Number 17 of 2008 concerning Shipping. The legal implication of this act is that the ship registration becomes legally flawed and can be annulled by law (void ab initio), resulting in the loss of legal protection for the owner. Criminal liability does not only target individual perpetrators of forgery but can also be extended to corporations through the identification theory doctrine if proven to provide benefits to the legal entity. Strengthening the integration of digital document verification systems is required to ensure legal certainty in the maritime sector.

Implementation of Informed Consent to Ensure the Protection of Patient Rights Based on Law Number 17 of 2023 Concerning Health

2026-10-23T13:18:16+07:00

The development of modern healthcare services positions patients as legal subjects who have fundamental rights to information, security, freedom to determine medical treatment, and legal protection for every healthcare service they receive. One of the main instruments in ensuring this protection is informed consent, namely approval for medical treatment given after the patient has received a complete explanation regarding the diagnosis, purpose of the treatment, procedures, risks, benefits, and available medical alternatives. Law Number 17 of 2023 concerning Health provides more comprehensive regulatory strengthening for the protection of patient rights through regulations regarding the right to health information, consent to medical treatment, the responsibilities of medical personnel, and the obligations of healthcare facilities. This study aims to analyze the implementation of informed consent in ensuring the protection of patient rights based on Law Number 17 of 2023, identify obstacles to its implementation, and assess its effectiveness in preventing medical disputes and malpractice. The research method used is descriptive with a normative juridical and empirical approach through analysis of legislation, health law doctrine, scientific literature, and healthcare practices. The study results show that although informed consent has become a mandatory procedure and has a strong legal basis, its implementation still faces various obstacles such as administrative formalities, limited patient understanding, information gaps, weak medical communication, and suboptimal institutional oversight. These conditions have the potential to reduce the effectiveness of legal protection for patients and increase the risk of legal disputes. However, the substantive implementation of informed consent can provide legal protection for both patients and medical personnel, safeguard patients' rights to autonomy, and strengthen the legitimacy of medical procedures. In conclusion, informed consent is a strategic legal instrument in the patient protection system in Indonesia.

Criminal Law Protection for Workers Dismissed by Companies Due to Forgery of Employment Termination Letters Under Law Number 11 of 2020 concerning Job Creation

2026-10-23T14:38:24+07:00

The protection of labor rights is a state obligation; however, the practice of unilateral termination of employment (PHK) by companies often violates legal norms, including criminal law. This study aims to examine the regulations and forms of criminal legal protection for workers experiencing termination under Law No. 11 of 2020 concerning Job Creation using a normative juridical method. The results indicate that although the Job Creation Law does not explicitly detail criminal sanctions specific to termination, the criminal legal basis remains applicable by referring to Articles 153 and 185 of the Manpower Law and Article 28 of the Labor Union Law to address discriminatory terminations or violations of normative rights. Furthermore, administrative manipulation and document forgery during the termination process can be prosecuted under the Penal Code (KUHP) or other special laws. The primary obstacle to law enforcement lies in weak supervision and the prevalence of administrative settlements. The study recommends strengthening labor inspection and fostering synergy among law enforcement agencies to ensure effective and fair labor protection.

Legal Protection for Victims of Verbal Sexual Harassment (Catcalling) in The Workplace (Case Study Of D'crispy Binjai)

2026-10-23T14:39:11+07:00

This study aims to analyze legal protection for victims of verbal sexual harassment (catcalling) in the workplace under Indonesian law and to examine prevention and response efforts undertaken at D'crispy Binjai. Although often considered trivial or merely a joke, catcalling is a form of non-physical sexual harassment that can have profound psychological impacts and create a hostile work environment for victims. The research method used is empirical, with primary data collected through interviews and direct observation, and secondary data collected through literature review of various legal materials. The results show that legal protection for victims of catcalling in Indonesia is regulated in several legal instruments, including the Criminal Code (KUHP), Law Number 13 of 2003 concerning Manpower, and specifically in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS). Article 5 of the TPKS Law provides a clear legal basis for punishing perpetrators of non-physical sexual harassment with imprisonment and fines. At D'crispy Binjai, preventative measures include educating new employees about internal policies, strictly prohibiting all forms of verbal and physical harassment, and providing a safe reporting mechanism for victims. This study concluded that addressing catcalling requires a synergy between strengthening government regulations, responsive internal company policies, and raising collective public awareness to create a safe environment that respects the dignity of every individual.

Analysis of Local Government Administration and the Authority of (Local) Institutions in the Implementation of Special Autonomy in Aceh Province

2026-10-23T14:39:40+07:00

Regional government administration within the framework of the Unitary State of the Republic of Indonesia is fundamentally implemented based on the principle of decentralization. However, the Province of Aceh has a distinct characteristic in its regional governance through a special autonomy scheme as regulated in Law Number 11 of 2006 concerning the Government of Aceh. This study aims to analyze regional government administration and the authority of local institutions in the implementation of special autonomy in Aceh Province, particularly from the perspective of legal justice and legal certainty due to the incomplete derivative regulations of the Basic Agrarian Law in Indonesia. This research employs a qualitative descriptive method with a normative approach. Data were obtained through a literature review of statutory regulations, legal documents, and relevant academic literature on Aceh’s special autonomy. The results of the study indicate that the absence and ambiguity of derivative regulations of the Basic Agrarian Law in Indonesia have resulted in legal uncertainty, overlapping authorities, and disparities between juridical recognition and the implementation of authority by the Aceh Government and local institutions. The dynamics of authority relations between the Central Government, the Government of Aceh, and local institutions have not fully reflected the principles of legal justice and legal certainty. This study concludes that normative solutions are required in the form of improving derivative regulations of the Basic Agrarian Law in Indonesia, harmonizing legislation, strengthening the position and function of local institutions, and establishing a clear mechanism for authority coordination to ensure the implementation of Aceh’s special autonomy in a just, legally certain, and rule-of-law-consistent manner.

The Legal Implications of Divorce for the Division of Marital Assets (Number Decision Study 2517/Pdt.G/2025/Pa.Mdn)

2026-10-23T23:47:55+07:00

Joint marital property refers to all assets acquired by the husband and wife during the marriage, regardless of which party earned or generated the assets. The division of joint marital property essentially reflects the principle of justice for both parties. This study aims to identify and analyze the legal rules governing the division of property after divorce, as well as to explain and evaluate the implementation of the division of joint marital property after divorce in practice at the Medan Religious Court. The type of research applied in this journal is normative legal research. Normative legal research is a scientific research procedure aimed at discovering truth based on the logic of legal science from a normative perspective. The data were obtained from the community through observations or interviews, and the analysis was conducted qualitatively. The research results show that the number of divorce cases in 2025 reached 3,270 cases, of which 1,635 cases considered Article 35 as the legal basis for allocating joint marital assets. The panel of judges generally applied the principle of equal division (50:50) based on the principle of equality in marriage. In divorce cases at the Medan Religious Court in 2025, the total number of cases reached 1,635. The most dominant category involved jointly operated businesses, with 575 cases (35.17%), followed by residential houses with 365 cases (22.34%), savings/bank accounts with 280 cases (17.12%), motor vehicles with 265 cases (16.20%), and vacant land with 150 cases (9.17%).

Analysis of The Protection of Rape Victims According to Law Number 1 Of 2023 on The Criminal Code and Law Number 12 Of 2022 on The Elimination of Sexual Violence Crimes

2026-10-23T23:48:15+07:00

This study aims to analyze legal protection for victims of rape crimes from the perspective of the Government of the Republic of Indonesia Law Number 1 of 2023 concerning the Criminal Code and Law Number 12 of 2022 concerning Sexual Violence Crimes. Rape is a form of sexual violence that causes physical, psychological, social, and economic suffering for the victims, thus requiring legal handling oriented towards justice and recovery. The research method used is normative legal research with statutory, conceptual, and case approaches. Legal material sources consist of primary, secondary, and tertiary legal materials which are analyzed qualitatively.. Research results show that both laws have provided a more comprehensive legal basis compared to previous regulations, particularly regarding the rights of victims to protection, assistance, restitution, rehabilitation, and guarantees of confidentiality of identity. However, their implementation still faces obstacles in the form of limited gender-sensitive law enforcement officials, minimal integrated service facilities, difficulties in evidence collection, as well as persistent social stigma against victims. Therefore, it is necessary to strengthen coordination among institutions, enhance the capacity of officials, and optimize recovery services so that legal protection for rape victims can be effectively and fairly implemented.

Strengthening Executive Oversight as an Instrument of Constitutional Control Over Regional Legal Products in East Aceh Regency

2026-10-23T23:48:37+07:00

The formation of regional legal products is interpreted as a central instrument in the implementation of regional autonomy and a supporter in realizing effective governance. However, the high number of cancellations of regional legal products indicates that disharmony still occurs with higher legislation, so it can be assumed that the oversight mechanism in the formation process is not optimal. The study uses an empirical legal research method with a descriptive-analytical approach through the study of legislation (statute approach) and analysis of the practice of forming regional legal products. The study aims to analyze the urgency of regional legal products for governance and formulate an effective legal framework for executive oversight in the formation of Regent Regulations in East Aceh Regency. The results of the study indicate that the position of regional legal products has a strategic role as the legal basis for the implementation of government, development, and public services. This study also found that preventive supervision carried out from the regulatory planning stage through constitutional testing, harmonization, legal risk assessment, to legal clearance can be an effective constitutional control instrument in preventing the issuance of a regional legal product that conflicts with other regulations in the legislative hierarchy. This oversight model contributes to strengthening legal certainty, improving the quality of regional regulations, and supporting the realization of good governance.

A Legal Study of Criminal Law Enforcement Against Sexual Violence Crimes from the Perspective of Victim Protection

2026-10-23T23:48:55+07:00

Sexual violence is a criminal offense that not only causes physical suffering but also has psychological, social, and economic impacts on victims. In practice, victims often encounter various obstacles in obtaining legal protection and the fulfillment of their rights. The enactment of Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS Law) represents a significant step toward strengthening legal protection for victims and broadening the regulation of various forms of sexual violence. This study aims to analyze the legal framework governing sexual violence crimes in Indonesian legislation and to examine the forms of legal protection provided to victims within the criminal justice process.This research is a normative legal study employing statutory, conceptual, and case approaches. The data consist of primary, secondary, and tertiary legal materials obtained through library research and analyzed qualitatively.The findings indicate that the TPKS Law provides a more comprehensive legal framework regarding sexual violence offenses, case-handling mechanisms, and victims’ rights. Legal protection for victims is implemented through the rights to treatment, protection, and recovery, including legal assistance, security protection, medical and psychological support, rehabilitation, and restitution. The implementation of such protection is also reflected in judicial practice, including the decision of the Medan District Court Number 1808/Pid.Sus/2023/PN Mdn. This study concludes that the TPKS Law has strengthened legal protection for victims of sexual violence through a victim-oriented approach. However, the implementation of restitution, rehabilitation, and victim assistance still requires further enhancement to ensure more effective and equitable protection.

Criminal Liability for Defamatory Press Reports Based on the Principles of Justice and Legal Certaint

2026-10-23T23:49:12+07:00

This study aims to provide an in-depth analysis of disparities in the enforcement of the law regarding press reporting and the factors underlying them, as well as to conduct a comprehensive examination of the press’s liability for defamatory reporting based on the principles of justice and legal certainty. The research employs a normative legal methodology with a descriptive-analytical approach, examining existing legal phenomena and issues and testing them against applicable legislation and legal norms. The results of this study indicate that disparities in the enforcement of the law regarding press reporting are influenced by the tension between press freedom and the protection of honour, a lack of understanding amongst the public and law enforcement officials regarding press norms, and the existence of socio-political intervention. The press’s accountability, which is based on justice and legal certainty, for defamatory reporting is divided into administrative, civil and criminal liability, with the latter serving as the ultimum remedium. Any criminal legal proceedings against the press must first be pursued through the right of reply mechanism and mediation by the Press Council, in accordance with Constitutional Court (MK) Ruling No. 145/PUU-XXIII/2025.

Legal Protection For Women Victims Of Sexual Violence Based On Law Number 12 Of 2022 Concerning The Criminal Acts Of Sexual Violence

2026-10-23T23:49:31+07:00

Sexual violence against women is a form of human rights violation that causes physical, psychological, social, and economic impacts on victims. The enactment of Law Number 12 of 2022 concerning the Crime of Sexual Violence provides a stronger legal basis for protecting and restoring the rights of victims comprehensively. This study aims to analyze the legal protection for women victims of sexual violence under Law Number 12 of 2022 concerning the Crime of Sexual Violence and to examine the victim recovery efforts regulated under the law. This research employs a normative legal research method with a qualitative approach. The data consist of primary and secondary legal materials collected through library research and supported by an analysis of decisions of the Medan District Court and policy documents related to the protection of victims of sexual violence. The data were analyzed descriptively using a qualitative approach and deductive reasoning. The findings indicate that Law Number 12 of 2022 provides more comprehensive legal protection than previous regulations by guaranteeing victims' rights to handling, protection, and recovery. Such protection is implemented through legal assistance, health services, identity protection, medical rehabilitation, psychological rehabilitation, social rehabilitation, and restitution. Furthermore, victim recovery is carried out through integrated coordination among the government, law enforcement agencies, the Witness and Victim Protection Agency (LPSK), healthcare professionals, psychologists, social workers, advocates, and the community. Therefore, Law Number 12 of 2022 has implemented a victim-oriented criminal justice system as a manifestation of respect for human rights while promoting justice, legal certainty, and legal benefits for women victims of sexual violence..

Legal Protection of Patients’ Electronic Medical Records in Hospital Healthcare Services: A Study at South Nias Regional General Hospital

2026-10-23T23:49:48+07:00

The transformation of digital-based healthcare services has positioned electronic medical records as an important instrument in the delivery of modern healthcare services. Electronic medical records facilitate the recording, storage, retrieval of patient history, referral processes, and integration of health data. However, electronic medical records also raise legal issues because they contain patients’ personal data that are specific, confidential, and sensitive. This study aims to analyze the legal regulation concerning the protection of patients’ electronic medical records and the implementation of such legal protection within the healthcare service system at the South Nias Regional General Hospital. This research employs a normative juridical method supported by limited field data. The approaches used are the statutory approach and the conceptual approach, by examining Law Number 17 of 2023 concerning Health, Law Number 27 of 2022 concerning Personal Data Protection, Government Regulation Number 28 of 2024, and Minister of Health Regulation Number 24 of 2022 concerning Medical Records. The results of the study show that patients’ electronic medical records have obtained a strong legal basis for protection, particularly through patients’ rights to the confidentiality of health data, the right to access their own health information, and the obligation of healthcare facilities to maintain the security, confidentiality, integrity, and availability of medical record data. The implementation of electronic medical records at the South Nias Regional General Hospital has moved in a positive direction and is in line with the policy of digital health transformation. However, further strengthening is still needed, particularly in limiting access rights, recording audit trails, preparing standard operating procedures, managing informed consent, training healthcare personnel, and integrating data with networked healthcare facilities. Obstacles are also still found in several community health centers in the South Nias region that have not fully implemented electronic medical records due to limitations in human resources, internet networks, devices, and technical assistance. Therefore, legal protection for electronic medical records must be strengthened through internal hospital policies, support from local government, and continuous supervision.

Legal Protection of Children as Victims of Sexual Violence from the Perspective of Law Number 35 of 2014 concerning Child Protection (Case Study of Decision Number 336/Pid.Sus/2025/PN Bnj)

2026-10-23T23:50:04+07:00

Sexual violence against children has physical, psychological, and social impacts and affects Sexual violence against children is an extraordinary crime that has a multidimensional impact on the physical, psychological, and social victims. This study examines the implementation of legal protection for children victims of sexual violence based on Law Number 35 of 2014, with a case study of Decision Number 336/Pid.Sus/2025/PN Bnj at the Binjai District Court, where the victim's five-year-old child experienced deep trauma due to abuse by his own relatives. The formulation of this research problem is: 1. How to regulate the legal protection of children as victims of sexual violence in Law Number 35 of 2014 concerning Child Protection. 2. How is the application of legal protection for children as victims of sexual violence in criminal justice practice, especially in Decision Number 336/Pid.Sus/2025/PN Bnj. 3. How the judge's consideration in Decision Number 336/Pid.Sus/2025/PN Bnj has reflected optimal legal protection for children as victims of sexual violence. In line with this, the objectives of this study are: 1. To find out the legal protection arrangements for children as victims of sexual violence in Law Number 35 of 2014 concerning Child Protection. 2. To find out the application of legal protection for children as victims of sexual violence in criminal justice practice, especially in Decision Number 336/Pid.Sus/2025/PN Bnj. 3. To find out the judge's consideration in Decision Number 336/Pid.Sus/2025/PN Bnj has reflected optimal legal protection for children as victims of sexual violence. This normative juridical law research with an analytical descriptive nature uses a legislative approach and a case approach. The results of the study show that Decision Number 336/Pid.Sus/2025/PN Bnj reflects progressive legal protection through a victim-oriented justice approach. The judge validated the victim's psychological trauma through a psychiatric autopsy and ordered the destruction of evidence to prevent secondary trauma, even though the physical autopsy showed that the hymen was intact. Although the sentence of 9 years in prison has met the repressive aspect, optimal protection still requires strengthening the restitution and rehabilitation mechanism after the verdict for the overall recovery of the victim's future.

Strengthening Collaborative Governance In Foreigner Supervision As An Effort To Prevent Overstay At The Class I Special Non-TPI Immigration Office Of Tangerang

2026-10-23T23:50:22+07:00

This study aims to analyze the implementation of foreigner supervision through the Foreigner Supervision Team (TIMPORA) and to formulate the strengthening of collaborative governance to reduce overstay at the Class I Special Non-TPI Immigration Office of Tangerang. Foreigner supervision is cross-sectoral and cannot be borne solely by immigration authorities. The research employs an empirical juridical method with a qualitative descriptive approach, analyzed through Ansell and Gash's collaborative governance model enriched by the integrative framework of Emerson, Nabatchi, and Balogh. The findings show that supervision still faces fragmented authority, sectoral egoism, limited data exchange, and weak sustainability of incidental coordination. Strengthening collaborative governance through sustainable institutionalization of TIMPORA, inter-agency data integration, trust-facilitating leadership, and the involvement of non-governmental actors has the potential to shift working patterns from reactive coordination toward collaborative and sustainable supervision governance.

Analysis of the Execution of the Return of Evidence Items Not Claimed by Their Owners

2026-10-23T23:50:38+07:00

This study aims to analyze the legal regulations governing the execution of returning evidence within the criminal justice system and to examine the legal consequences for evidence that remains unclaimed by its owner after a court judgment has become final and binding. The study employs a normative legal research method, utilizing statutory, conceptual, and case-based approaches. Legal materials were gathered through a literature review of statutes, court rulings, and relevant academic sources, and were subsequently analyzed qualitatively using descriptive-analytical techniques. The findings indicate that the execution of returning evidence to its owner falls within the authority of the public prosecutor as the executor of court judgments. However, existing legal provisions do not explicitly regulate the resolution mechanism for evidence ordered to be returned but left unclaimed by the owner. This regulatory gap creates legal uncertainty, leads to inconsistent practices among prosecutors' offices, and hinders the orderly administration of evidence management. Evidence left unclaimed for extended periods imposes storage burdens, risks of damage and depreciation in economic value, and increased state responsibility for the item's maintenance. Consequently, there is a need to establish specific legal norms governing the deadline for retrieval, the mechanism for notifying owners, the legal status of unclaimed evidence, and the prosecutor's authority to determine the final disposition of such evidence, thereby ensuring legal certainty, utility, and justice within the criminal justice system.

Legal Analysis Of The Criminal Responsibility Of Children As Perpetrators Of Murder (Study of Decision Number 4/Pid.Sus-Anak/2019/PN.Kbj)

2026-10-24T19:13:18+07:00

Murder cases involving children often receive significant media and public attention. Public reaction to such cases is often highly emotional, with people tending to demand severe punishment for the perpetrators, even though the perpetrators are still children. This study aims to analyze the law enforcement for children as perpetrators of murder and the criminal responsibility of children as perpetrators of murder. This study uses normative research and secondary data sources as well as legislative and case approaches. Based on the results of the study, law enforcement against children who commit murder requires a holistic approach and is centered on the best interests of the child. The juvenile criminal justice system in Indonesia, as regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA), emphasizes the principles of restorative justice, rehabilitation, and social reintegration. This mechanism aims not only to impose sanctions, but also to support the recovery process of children as individuals with the potential to change for the better. The responsibility of children as perpetrators of murder is regulated in the Criminal Code and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. If it is proven that a child (minor) committed the crime of murder, the trial process will be in accordance with the provisions stipulated in Law No. 11 of 2012, while the sentence is ½ (one half) of the sentence for adults. In the decision Number 4/Pid.Sus-Anak/2019/PN.Kbj, the child was sentenced to 4 (four) years in prison.

Criminal Liability of the Perpetrator of Oil Palm Fresh Fruit Bunch Theft: A Case Study of the Sibuhuan District Court Decision Number 7/Pid.B/2026/PN Sbh

2026-10-24T19:13:44+07:00

The theft of oil palm fresh fruit bunches is one of the most common property crimes occurring in plantation areas, causing significant financial losses to plantation owners. In resolving such cases, the criminal liability of the offender and the judge's legal considerations are essential aspects in determining whether criminal sanctions have been imposed in accordance with the applicable criminal law. This study aims to analyze the criminal liability of the perpetrator of oil palm fresh fruit bunch theft and the judge's considerations in rendering the decision in the Sibuhuan District Court Decision Number 7/Pid.B/2026/PN Sbh. This research employed a normative legal research method using statutory and case approaches. The legal materials consisted of primary, secondary, and tertiary legal sources, which were analyzed qualitatively. The results of the study indicate that the defendant's criminal liability was established based on the fulfillment of all elements of the crime of theft, the defendant's capacity to be held criminally responsible, the existence of criminal intent, and the absence of any justifying or excusing circumstances. Based on the facts revealed during the trial, the defendant, together with several accomplices, unlawfully took oil palm fresh fruit bunches belonging to PT PHS Kebun Papaso without authorization. The evidence seized at the crime scene included 246 oil palm fresh fruit bunches, two iron transportation baskets, and several tools used to commit the theft. Furthermore, the judge's decision was based on the facts established during the trial, documentary and physical evidence, witness testimonies, the defendant's testimony, and the fulfillment of the legal elements of the criminal offense as charged by the Public Prosecutor. In addition to legal considerations, the judge also took into account both aggravating and mitigating circumstances before imposing the sentence. This study concludes that the defendant's criminal liability was imposed in accordance with the applicable criminal law because all elements of the offense were legally and convincingly proven. Furthermore, the judge's considerations in the Sibuhuan District Court Decision Number 7/Pid.B/2026/PN Sbh were based on the facts established during the trial, legally admissible evidence, and the applicable legal provisions, thereby reflecting the principles of legal certainty, justice, and legal utility.

The Effectiveness of Law Enforcement in Addressing Juvenile Brawling Offenders: A Case Study of Belawan Port Police Resort

2026-10-24T19:14:09+07:00

Juvenile brawling is a form of juvenile delinquency involving mass fights or violent clashes between groups of adolescents. These incidents are highly dangerous and often involve the use of sharp weapons and stones, resulting in serious consequences for public order, including property damage and threats to public safety. This study aims to analyze the effectiveness of law enforcement against juvenile brawling offenders within the jurisdiction of the Belawan Port Police Resort (Polres Pelabuhan Belawan) and to identify the obstacles encountered and the efforts undertaken to address them. This research employs an empirical juridical method using qualitative descriptive data analysis. The study applies both a statutory approach and a case approach. The primary theoretical framework is Soerjono Soekanto's theory of legal effectiveness, which evaluates law enforcement in Belawan based on five factors: legal factors, law enforcement officers (the Police Resort), facilities and infrastructure, community factors, and cultural factors. The findings of this study describe the extent to which law enforcement against juvenile brawling offenders has been effective within the jurisdiction of the Belawan Port Police Resort. The research also identifies the obstacles faced in enforcing the law against juvenile brawling offenders and proposes solutions to enhance the effectiveness of law enforcement in the region. The research data were collected through interviews, observations, and document analysis. The findings indicate that the effectiveness of law enforcement is influenced by legal factors, law enforcement personnel, facilities and infrastructure, and community factors.

Legal Protection for Victims of Human Trafficking Forced to Act as Online Gambling Administrators

2026-10-24T19:14:26+07:00

Human trafficking has increasingly shifted into the digital sphere, creating new forms of exploitation, including the recruitment, deception, or coercion of individuals to work as online gambling administrators. This study analyzes the forms of legal protection, their application in Indonesian criminal law enforcement, and the obstacles to protecting trafficking victims placed in such roles. It employs normative legal research using statutory and conceptual approaches. Primary, secondary, and tertiary legal materials were collected through library research and analyzed qualitatively. The study finds that a victim's technical involvement in operating online gambling cannot automatically establish criminal responsibility when recruitment fraud, threats, restrictions on freedom, document retention, debt bondage, abuse of vulnerability, or other forms of exploitation are present. Protection must include early victim identification, legal assistance, physical and psychological protection, prevention of victim criminalization, rehabilitation, repatriation, social reintegration, and restitution. Law enforcement therefore needs to distinguish carefully between principal offenders, beneficiaries of the illegal enterprise, and victims performing operational tasks under the control of trafficking networks. A victim-centered approach is essential so that online gambling enforcement can simultaneously dismantle trafficking networks and restore victims' rights in a substantive manner.

Criminal Liability for Negligence in Seaworthiness (A Study of Banyuwangi District Court Decision Number 474/Pid.B/2021/PN Byw)

2026-10-24T19:14:43+07:00

This article examines criminal liability for negligence in seaworthiness through Banyuwangi District Court Decision Number 474/Pid.B/2021/PN Byw concerning the sinking of KMP Yunicee in the Bali Strait. The main legal issue is the gap between administrative seaworthiness, reflected in certificates and sailing approval, and factual-technical seaworthiness, reflected in stability, loading, cargo securing, watertight integrity, lifesaving appliances, and the actual condition of the vessel before departure. This research applies normative legal method using statutory, conceptual, and case approaches. The study finds that negligence in seaworthiness must be understood as professional negligence because the Captain has a special duty to ensure that the vessel is truly safe before sailing. The existence of a sailing approval letter does not eliminate the Captain’s duty to verify factual conditions. Nevertheless, KMP Yunicee also shows a wider governance problem involving the operator, Harbormaster, Marine Inspector, and safety management system. Therefore, criminal liability in seaworthiness negligence should be constructed proportionally, not only by identifying individual fault, but also by evaluating institutional and corporate negligence within maritime safety governance.

Legal Consequences of the Annulment of a Prenuptial Agreement on the Separation of Assets in Indonesia

2026-10-24T19:15:01+07:00

A prenuptial agreement is a legal instrument that grants prospective spouses the freedom to regulate their legal relationship within the marriage, particularly regarding the separation of assets. Regulations concerning prenuptial agreements in Indonesia evolved following Constitutional Court Decision Number 69/PUU-XIII/2015, which permits marriage agreements to be executed before, at the time of, or during the marriage. This study employs normative legal research with a descriptive-analytical nature. According to Peter Mahmud Marzuki, legal research is a process of discovering legal rules, principles, and doctrines to address specific legal issues. The findings indicate that the regulation of prenuptial agreements is derived from the Civil Code, Law Number 1 of 1974 concerning Marriage (as amended by Law Number 16 of 2019), and Constitutional Court Decision Number 69/PUU-XIII/2015. A prenuptial agreement must be executed as an authentic deed before a notary and registered with the competent authority to ensure it holds legal force against third parties. If a prenuptial agreement is annulled for failing to meet the validity requirements stipulated in Article 1320 of the Civil Code, the separation of assets loses its legal force, and the previously separated assets may revert to being joint marital property in accordance with statutory regulations. Consequently, the annulment of a prenuptial agreement entails significant legal consequences for the rights and obligations of the spouses and third parties; therefore, there is a need for greater legal certainty, diligence by notaries in drafting such deeds, and improved public understanding regarding the legal consequences of asset separation in marriage.

The Effectiveness Of Implementing Mandatory Halal Certification For MSME Business Actors From A Trade Law Perspective (A Case Study In Sawagumu And Klawuyuk Urban Villages)

2026-10-24T19:15:21+07:00

This study aims to analyze the effectiveness of implementing the mandatory halal certification requirement for Micro, Small, and Medium Enterprises (MSMEs) and to examine its role in consumer protection within trade activities in Sawagumu and Klawuyuk Urban Villages, Sorong City. The study employs an empirical legal research method with a qualitative approach. Primary data were obtained through interviews and observations involving 29 MSME operators, relevant government agencies, and legal aid institutions. Secondary data were gathered from laws and regulations, books, journals, and previous studies. Data analysis was conducted using a descriptive-qualitative method based on Soerjono Soekanto’s theory of legal effectiveness. The results indicate that the implementation of the mandatory halal certification requirement has not yet been effective. Of the 29 MSMEs studied, only two possessed a halal certificate, 25 did not, and two were in the process of obtaining one. Halal certification plays a positive role in consumer protection by providing information, legal certainty, a sense of security, convenience, and consumer trust. As the implementation of the mandatory halal certification is not yet optimal, there is a need to strengthen outreach, assistance, facilitation, and supervision to enhance MSME compliance and reinforce consumer protection in trade activities.

Legal Consequences Of The “Void By Operation Of Law” Clause In A Land Lease Agreement Due To Lessee Default (A Study Of Court Decision Number 64/Pdt.G/2021/PN Sorong)

2026-10-25T11:31:51+07:00

This study aims to analyze the validity of a "null and void by operation of law" clause in a land lease agreement triggered by a breach of contract, as well as the legal consequences regarding the building and rental payments already made, based on Sorong District Court Decision Number 64/Pdt.G/2021/PN Sorong. The research employs a normative-juridical method utilizing both the statute approach and the case approach. Primary, secondary, and tertiary legal materials were analyzed using a qualitative-prescriptive method. The findings indicate that the land lease agreement satisfied the requirements of Article 1320 of the Indonesian Civil Code, rendering it valid and binding upon the parties. While the clause in Article 6 represents an exercise of freedom of contract, its application must still adhere to Articles 1266, 1267, 1338 paragraph (3), and 1339 of the Indonesian Civil Code, as well as the principles of propriety, balance, and proportionality. The forfeiture of the building and the loss of rental payments should not be enforced absolutely without considering the legal status of the building, the performance already rendered, actual losses incurred, and *force majeure* circumstances. The legal consequences of a breach of contract must be applied proportionately, balancing the rights and obligations of the parties to prevent one party from gaining an excessive advantage.

The Effectiveness Of Criminal Law Under The Indonesian Criminal Code In Addressing Illegal Levy Cases On The West Cross Road Of North Bengkulu In Batik Nau Village

2026-10-25T11:32:07+07:00

Illegal levies constitute a form of unlawful conduct that continues to occur in various regions and causes both economic and social harm to the public. The practice of illegal levies along the West Cross Road in North Bengkulu, particularly in Batik Nau Village, has become a matter of concern because it disrupts the activities of local communities and road users. This study aims to examine the application of the Indonesian Criminal Code (KUHP) to criminal acts involving illegal levies in Batik Nau Village and to analyse the factors affecting the effectiveness of its implementation. This study employed an empirical legal research method with a descriptive qualitative approach. Data were collected through interviews with police officers and members of the local community and were supported by secondary data in the form of legislation, books, journal articles, and relevant documents. The data were analysed qualitatively by relating the empirical findings to legal effectiveness theory and law enforcement theory. The findings indicate that criminal law has been applied to cases of illegal levies in Batik Nau Village through law enforcement measures, supervision, and guidance conducted by the competent authorities. Nevertheless, the application of criminal law has not yet achieved an optimal level of effectiveness. Although the incidence of illegal levies has declined and no such practices were identified during the research period, several obstacles continue to affect the effectiveness of law enforcement. These include the low level of public legal awareness, limited monitoring facilities, insufficient public participation in reporting violations, and inadequate coordination among law enforcement agencies. Based on Lawrence M. Friedman’s legal system theory and Soerjono Soekanto’s law enforcement theory, these conditions indicate that the elements of legal structure and legal culture have not functioned optimally. Therefore, it can be concluded that the application of criminal law to illegal levies in Batik Nau Village has not been fully effective and requires further improvements in supervision, inter-agency coordination, and public legal awareness.

A Review of the Principle of Freedom of Contract and Copyright Protection: A Juridical Analysis of Constitutional Court Decision No. 63/PUU-XIX/2021 concerning Full Flat-Pay (Outright Sale) Agreements in the Music Industry

2026-10-25T11:32:27+07:00

This study aimed to examine the application of the principle of freedom of contract and copyright protection in full flat-fee agreements within the Indonesian music industry, as well as to analyze the legal implications of Constitutional Court Decision No. 63/PUU-XIX/2021 on such contractual practices. The study addressed three main issues: the regulation of the principle of freedom of contract under Indonesian civil law, the concept of copyright protection within the Indonesian legal framework, and the juridical reasoning adopted by the Constitutional Court in the aforementioned decision. This research employed a normative juridical legal research method using both a statutory approach and a case approach. The analysis was based on primary, secondary, and tertiary legal materials, which were examined using qualitative legal analysis. The findings indicate that the principle of freedom of contract under Indonesian civil law is not absolute but is subject to statutory limitations, public interest considerations, and the principles of justice and good faith. In practice, full flat-fee agreements often create an imbalance in bargaining power between authors and participants in the music industry, potentially disadvantaging copyright holders. Indonesian positive law, particularly Law No. 28 of 2014 on Copyright, provides legal protection for authors, including the recognition of the reversionary right as a mechanism to safeguard creators' interests. Furthermore, Constitutional Court Decision No. 63/PUU-XIX/2021 affirms that full flat-fee agreements remain legally valid, provided that they do not contravene the principles of justice and copyright protection. The decision underscores the importance of maintaining a balance between contractual freedom and the protection of the weaker party while providing greater legal certainty and guidance for contractual practices within the music industry. Accordingly, the decision contributes to the development of a more equitable and balanced legal framework for all parties involved.

A Victimological Review of Children as Victims in Suspended Sentencing Decisions for Teachers Who Commit Violence in School Settings

2026-10-25T11:32:44+07:00

This research is motivated by the increasing cases of violence against children in the school environment, including violence committed by teachers who should serve as role models and protectors for students. In practice, several cases of violence committed by teachers have resulted in conditional sentences, raising questions regarding the extent to which such decisions provide protection and justice for children as victims. This study aims to analyze the victimological perspective on children as victims in conditional sentencing decisions against teachers who commit violence in schools and to examine the implementation of such decisions from a victimology perspective. This research employs a normative legal research method with statutory and case approaches. Data were collected through library research by examining primary, secondary, and tertiary legal materials, including relevant court decisions. The theoretical framework used in this study includes the theory of legal protection, social control theory, and the concepts of restorative protection and restorative justice. The results indicate that conditional sentences imposed on teachers who commit violence have not fully reflected optimal protection for children as victims from a victimological perspective. Although such decisions consider the aspect of rehabilitating the offender, protection and recovery for the victims still need to be strengthened through approaches that prioritize the best interests of the child. Therefore, the implementation of conditional sentencing should be accompanied by more comprehensive protection and recovery efforts for child victims.

A Criminal Law Review Of The Use Of Artificial Intelligence (AI) In The Dissemination Of Pornographic Content And Sexual Harassment From A Statutory Perspective

2026-10-25T11:33:20+07:00

The rapid development of Artificial Intelligence (AI) technology, particularly through digital manipulation techniques such as deepfakes, has introduced unprecedented challenges to the Indonesian criminal law framework. This technology is frequently exploited to generate and disseminate non-consensual pornographic content and to perpetrate digital sexual harassment, which severely undermines human dignity. This study examines the nature of criminal liability for perpetrators who abuse AI technology to spread obscene content, as well as the legal protections available to victims under the prevailing Indonesian legislative framework. This study employed a normative legal research method with a statutory approach. Sources of data were obtained through literature studies comprising primary, secondary, and tertiary legal materials, including the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana - KUHP), Law No. 44 of 2008 concerning Pornography, and Law No. 1 of 2024 concerning the Second Amendment to the Electronic Information and Transactions (ITE) Law. The findings indicate that while current regulations (namely the ITE Law and the Pornography Law) encompass the offenses of disseminating obscene content electronically, legal lacunae and ambiguities remain regarding the boundaries of criminal liability among users, AI software developers, and platform providers. Furthermore, establishing evidentiary proof in AI-manipulated cases demands complex digital forensic capabilities. This study concludes that legislative updates or the introduction of more specific regulations governing the ethics and boundaries of AI utilization are imperative, alongside strengthening victim protection mechanisms, to ensure legal certainty in the era of digital transformation.

Legal Protection Against The Circulation Of Counterfeit Products Under Law Number 20 Of 2016 Concerning Trademarks And Geographical Indications: A Case Study Of The Eiger Brand On The Shopee Platform

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

This study examines the legal protection against the distribution of counterfeit Eiger-branded products on the Shopee platform based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The research addresses two main issues: the forms of legal protection available to Eiger trademark rights holders and the obstacles encountered in enforcing trademark protection on the Shopee platform. The research employs a normative juridical legal research method using both statutory and case approaches. The findings indicate that legal protection for the Eiger trademark is provided through two forms, namely preventive and repressive protection. Preventive protection is implemented through trademark registration, the prohibition of the use of trademarks that are identical or substantially similar to registered trademarks, and the application of the notice-and-takedown mechanism on the Shopee platform. Meanwhile, repressive protection is pursued through civil lawsuits filed with the Commercial Court, the cessation of unauthorized trademark use, the removal of counterfeit products, and the imposition of criminal sanctions against trademark infringers. The study further reveals several obstacles to law enforcement, including difficulties in identifying offenders, the practice of account cloning, limited monitoring of digital transactions, the volatility of electronic evidence, and the low level of legal awareness among some consumers. Therefore, effective legal protection of trademarks in the digital marketplace requires stronger synergy among trademark rights holders, e-commerce platforms, and law enforcement authorities.

Criminal Liability Of PT Jaya Saputra Transport For Negligence Resulting In Death: A Case Study Of Overloading In Balikpapan

2026-10-25T14:25:42+07:00

The operation of freight vehicles with excessive loads is not merely an administrative violation; it may constitute a traffic offense when it causes fatalities. This study analyzes the element of fault and the form of criminal liability attributable to PT Jaya Saputra Transport in an overloading-related truck accident at the Rapak descent in Balikpapan. The study applies a normative juridical method through case, statutory, and conceptual approaches. Its primary legal materials include Decision Number 212/Pid.Sus/2022/PN Bpp, Law Number 22 of 2009, Law Number 1 of 2023, and Supreme Court Regulation Number 13 of 2016, analyzed descriptively and qualitatively. The findings reveal an interrelated fault between the driver and the corporation. The driver continued operating a technically defective vehicle, while the company knew that the load exceeded the permitted capacity, allowed an unroadworthy vehicle to operate, and employed a driver without the required license qualification. The company’s fault can therefore be constructed as corporate negligence and systemic omission. Under the doctrines of vicarious liability and identification, PT Jaya Saputra Transport and its management may be held criminally liable because the offense occurred within an employment relationship, served the company’s operational interests, and resulted from failures of supervision and prevention.

Reconstructing The Meaning Of “Certain Place” In Article 75 Paragraph (2) Letter D Of The Immigration Law: An Open Texture Clause Analysis As The Legal Basis For Detainee Empowerment

2026-10-25T14:26:02+07:00

Article 75 paragraph (2) letter d of Law Number 6 of 2011 on Immigration governs an immigration administrative action in the form of an obligation to reside in a certain place within Indonesian territory. Prevailing practice construes the phrase “certain place” narrowly as passive placement in Immigration Detention Centres, Immigration Detention Rooms, or Community Houses, producing prolonged detention that burdens the state budget while risking violations of detainees’ human rights. This study aims to analyse the open texture character of the phrase and to formulate the juridical limits of reconstructing its meaning as a legal basis for detainee empowerment. It employs normative legal research with statutory and conceptual approaches, analysed prescriptively and argumentatively through grammatical, systematic, and teleological interpretation. The findings show, first, that the phrase satisfies the character of an open texture clause: its core of certainty requires only a definitively designated location within Indonesian territory, whereas the type and function of that location fall within a penumbra open to interpretation, including government-designated productive areas. Second, such reconstruction constitutes lawful discretion insofar as it passes the three-aspect review of authority, complies with the General Principles of Good Governance, and respects external limits comprising voluntariness, humane treatment, fair remuneration, and detainees’ procedural rights. The study recommends normativising this productive interpretation into implementing regulations so that detainee empowerment gains a firm operational basis while contributing to the national food security agenda.

Utilization of Medical Records as Legal Evidence in Medical Disputes : Effectiveness, Challenges, and Solutions at Sari Mutiara Lubuk Pakam Hospital

2026-10-25T14:26:21+07:00

Medical record have a strategic role not only as administrative and clinical instruments in health services, but also as legal evidence in the settlement of medical disputes between patients, helat workers, and hospitals. The enactment of Law Number 17 of 2023 concerning Health introduces a new paradigm in medical record management, particularly related to strengthening the health information system, digitalization of medical record, protection of patien personal data, and legal certainty in proving medical disputes. However in practice, the use of medical records as legal evidence still faces various obstacles, including incomplete documentation, differences between manual and electronic record systems, weak data authentication mechanisms, and limited understanding of health workers regarding the legal aspects of medical records. This study aims to analyze th effectiveness of medical records as evidence in medical disputes at Sari Mutiara Lubuk Pakam Hospital, to identify juridica and technical obstacles in their implementation, and to formulate relevant normative solutions within the framework of the latest health law, particularly Law Number 17 of 2023 concerning Health. The research method used is a normative juridical approach supported by an empirical juridical approach through literature study and supporting data obtained from Sari Mutiara Lubuk Pakam Hospital. The results of this study are expected to provide theoretical and practical contributions in strengthening the position of medical records as valid, authentic, and effective legal evidence in resolving medical disputes in the era of national health system transformation.

Analysis of The Rule of Law and The Decision of The Constitutional Court on The Governance of The Country's Electricity Business

2026-10-25T14:26:41+07:00

Indonesia's constitution related to the economy limits the practice of liberalization to essential commodities in the form of the provision of electricity. The regulatory dialectic that leads to privatization and power wheeling has been expressly canceled by the Constitutional Court through Decision Number 39/PUU-XXI/2023. However, the centralization of electricity operational authority in the hands of the state after the decision triggered a new vulnerability, namely the vulnerability of the National Strategic Projects (PSN) of electricity to contract manipulation and corruption. Based on Law Number 30 of 2009 in conjunction with Government Regulation Number 23 of 2014, the existing administrative supervision instruments have proven to be inadequate to mitigate losses in projects worth trillions of rupiah preventively. This study aims to examine in depth the operational design of the Prosecutor's Office law enforcement intelligence—based on Law Number 11 of 2021—as a framework for complementary legal rules to ensure the governance of the country's electricity business. Using normative legal research methods based on the Welfare State Theory and the Theory of Authority, this study found that to secure electricity PSN, a shift in supervision towards preventive justice is needed. The execution of the Strategic Development Safeguard (PPS) by the Prosecutor's Office is legally operating in the pre-design phase to neutralize malicious intent (mens rea), so that clean and sovereign electricity governance can be realized.

Analysis Of Abuse Of Authority By Civil Servants In Corruption Crimes (Decision Study No. 141/Pid.Sus-Tpk/2024/Pn Mdn)

2026-10-25T14:26:58+07:00

This study aims to examine the legal framework governing the abuse of authority by civil servants acting jointly in receiving gifts within corruption offenses, as well as to conduct a juridical analysis of the elements of “Abuse of Authority” and “Joint Acceptance of Gifts” as corruption crimes in Decision Number 141/Pid.Sus-TPK/2024/PN Mdn. This research employs a normative legal method with a descriptive approach, carried out through library research by examining primary, secondary, and tertiary legal materials, including the Anti-Corruption Law and the Criminal Code. The results of the study indicate that, normatively, the regulation concerning abuse of authority and the acceptance of gifts by civil servants has been clearly stipulated under Article 11 and Article 12B of Law Number 31 of 1999 as amended by Law Number 20 of 2001, which classifies such acts as formal offenses. In the context of participation, criminal liability for perpetrators acting jointly refers to the doctrine of participation (medepleger) under the Criminal Code, which requires a unity of intent and conscious cooperation. In Decision Number 141/Pid.Sus- TPK/2024/PN Mdn, the panel of judges held that all elements were fulfilled based on the defendant’s status as a civil servant, the receipt of money related to official authority, and the repetitive nature of the acts. However, substantively, there is a lack of in-depth elaboration regarding the causal relationship between the concrete authority of the office and the receipt of gifts. In addition, there is an imbalance between the term of imprisonment and the amount of restitution imposed, raising issues of proportionality in sentencing. Therefore, consistency in juridical reasoning and the application of the principle of proportionality are necessary to strengthen the effectiveness of law enforcement in corruption cases.

A Legal Study of The Application of Alternative Punishments Towards Children Perpetrating Mild Crimes Based on The Restorative Justice Approach 0f The National KUHP

2026-10-25T14:27:17+07:00

Handling crimes involving children as perpetrators requires a special approach, considering the principles of child protection enshrined in various international conventions and national laws. Law Number 1 of 2023 concerning the Criminal Code (KUHP) provides space for the application of alternative punishments, including Restorative Justice (RJ), in the handling of child perpetrators of crimes. This study aims to analyze the application of alternative punishments to child perpetrators of minor assault crimes, as well as the legal and social implications arising from such application. Based on a juridical approach, this study explores the legal principles contained in the law and compares them with applicable legal practice. The results of the study indicate that the application of alternative punishments, particularly through Restorative Justice mechanisms, can provide rehabilitative benefits for child perpetrators of crimes, as well as provide an opportunity for victims to obtain justice without going through a lengthy judicial process. However, the application of these alternative punishments requires strict supervision to ensure they do not violate children's rights and do not cause injustice to victims. This study recommends the importance of strengthening the juvenile justice system and increasing public understanding of alternative resolutions for criminal cases involving children, to create a more just and recovery-oriented legal system.

A Legal Analysis of the Criminal Liability of Perpetrators of Highway Robbery (Judgment No. 1626/Pid.B/2025/Pn Mdn)

2026-10-25T14:27:35+07:00

The increasing number of mugging cases in Indonesia has caused public unrest and demands strict criminal responsibility for the perpetrators. The problems discussed in this research are the forms of criminal liability of perpetrators of mugging crimes under Indonesian criminal law and their application in Decision Number 1626/Pid.B/2025/PN Mdn. This study aims to analyze the legal basis of criminal responsibility and to assess the application of the law by judges in the case. The research method used is normative legal research with a statutory and case approach. The results of the study show that criminal liability against perpetrators of mugging is based on the fulfillment of the elements of a criminal offense, the existence of fault in the form of intent, and the ability of the perpetrators to be held accountable for their actions. In Decision Number 1626/Pid.B/2025/PN Mdn, the panel of judges imposed criminal sanctions on the defendants after they were legally and convincingly proven to have committed the crime. The application of criminal responsibility against the perpetrators of mugging has been in accordance with the applicable legal provisions and aims to provide a deterrent effect as well as a sense of security for the community. Nevertheless, more comprehensive preventive measures are needed through social approaches and consistent law enforcement.

Legal Review of The Validity of Marriages Between Same Clans According oo National Law and Toba Batak Customary Law Tinjauan Yuridis Terhadap Keabsahan Perkawinan Satu Marga Menurut

2026-10-25T14:27:51+07:00

perspective of national marriage law and Toba Batak customary law. This research is based on the existence of distinctive differences in a view such as national law that recognizes and tislak prohibits marriage within the same clan if carried out according to applicable legal regulations, with Toba Batak customary law that strictly prohibits marriage within the same clan because it is considered to damage and violate customary norms. The research method uses normative juridical research and is carried out with a legislative, conceptual and comparative approach. The results of the research article regarding marriage within the same clan indicate that national law marriage is still considered valid and recognized as long as it does not violate applicable law and religious provisions. However, Toba Batak customary law does not recognize and does not consider marriage within the same clan legally valid. Therefore, it is known that there is legal dualism which has an impact on the juridical and social implications for couples in marriage within the same clan.

Analysis of the Implementation of Order and Security Enforcement by Cinema Management in Palembang City

2026-10-25T14:28:07+07:00

This study aims to identify and analyze the implementation of order and security enforcement efforts by cinema management in Palembang City, particularly at CGV Transmart Palembang, and to analyze the supporting and inhibiting factors in its implementation. This research uses an empirical juridical method with a qualitative descriptive approach. Data were obtained through interviews, field observations, and literature studies related to entertainment business regulations and consumer protection laws. The results show that CGV Transmart Palembang management has implemented order and security enforcement through preventive, repressive, and Standard Operating Procedure (SOP) approaches. These efforts include visitor supervision, ticket inspection, cinema area security, queue management, and handling disturbances inside the studio. Supporting factors include clear SOPs, adequate security facilities, and coordination among officers. Meanwhile, inhibiting factors include limited active supervision inside the studio, high visitor density at certain times, and dependence on visitor reports in detecting security disturbances. Therefore, strengthening the supervision system and improving risk management are necessary to create optimal security and comfort for visitors.

Legal Certainty in Applying Article 27(3) ITE Law on Defamation Cases

2026-10-25T15:08:42+07:00

This study examines the application of Article 27(3) of the ITE Law in Indonesia, focusing on its compatibility with the principle of legal certainty and its implications for freedom of expression. The rapid expansion of digital communication has intensified public discourse but also increased the risk of criminalizing online expression. This study addresses three main issues: the extent to which Article 27(3) reflects legal certainty, how interpretative and enforcement practices affect constitutional rights, and what reforms are required to align the provision with democratic principles. The research adopts a normative legal approach with qualitative analysis, utilizing statutory, conceptual, and comparative methods based on legislation, legal doctrine, and court decisions. The findings reveal that the provision lacks precise definitions of defamation elements, leading to broad interpretation, inconsistent enforcement, and a shift toward repressive use against public criticism. These conditions generate legal uncertainty and a chilling effect on expression. The study concludes that Article 27(3) fails to meet the standards of lex certa and undermines the principle of legality. It recommends comprehensive legal reform through normative clarification, judicial standardization, procedural filtering, and partial decriminalization to ensure proportionality and protect constitutional rights in the digital era.

The Legality Of Unnamed Agreements In The Lease Of Shophouses And Houses As Per The Civil Code

2026-10-25T15:09:14+07:00

Unnamed agreements in rental practices for houses and shop-houses (ruko) are still commonly conducted through oral arrangements without written contracts. This condition creates legal issues due to weak evidence and the absence of clear rights and obligations between the parties. This study aims to analyze the legality of unnamed agreements in lease contracts based on the Indonesian Civil Code, identify legal risks that arise in unwritten rental practices in Bengkulu City, and evaluate the relevance of the principles of consensualism, freedom of contract, and legal certainty. The research employs a normative and empirical juridical approach, using primary data obtained through interviews and field observations, and secondary data derived from literature study and relevant regulations. The findings indicate that the community generally relies only on payment receipts as proof, while key agreements are made orally. This practice leads to issues such as late payments, unauthorized modifications, property damage, and abandonment of obligations by tenants. The absence of a written contract weakens the legal standing of both parties in resolving disputes. The study concludes that oral agreements remain valid as long as they fulfill the requirements of Article 1320 of the Civil Code; however, they do not provide adequate legal certainty. Therefore, written agreements are essential to ensure legal protection for all parties involved.

Legal Analysis Of The Process Of Proving The Elements Of Preplanned Murder Based On Kriminal Procedures Number 20 Of 2025

2026-10-26T21:11:00+07:00

Premeditated murder is a crime against life committed with intent and premeditation, and therefore carries a more severe penalty than ordinary murder. Proving the element of premeditation is crucial because it determines the qualification of an act as premeditated murder. This study aims to analyze the legal provisions regarding premeditated murder, the obstacles faced by law enforcement officers in proving the element of premeditation, and the evidentiary process based on Criminal Procedure Code Number 20 of 2025. The research method used is qualitative research with a normative juridical approach through a review of relevant laws, doctrines, and literature.The results indicate that proving the element of premeditated murder is carried out through the negative system of proof according to law, namely based on at least two valid pieces of evidence and the conviction of the judge. The element of premeditation is proven through witness testimony, expert testimony, letters, clues, the defendant's statement, and electronic evidence that demonstrates intent, preparation, and a timeframe before the crime is committed. The main obstacle faced by law enforcement officers is the difficulty of proving the element of "premeditation," because it is abstract and generally can only be proven through a series of interrelated facts. Criminal Procedure Code Number 20 of 2025 provides updates by strengthening electronic evidence and improving the legality standards of evidence to support a more effective evidentiary process. Therefore, high levels of precision and analytical skills are required from law enforcement officials to achieve legal certainty, justice, and material truth in the criminal justice process.

Analysis of Legal Certainty of Informed Consent in Medical Actions Based on Law Number 17 Of 2023 at Tanjung Rejo Health Center

2026-10-25T15:09:46+07:00

Health services are part of the basic rights of society that must be fulfilled by the state, through a quality, safe health service system, and providing legal protection for patients and health workers. In medical practice, one of the important principles that must be fulfilled before carrying out medical procedures is the existence of informed consent or approval of medical procedures given by patients, after obtaining adequate information about the actions to be taken. This principle functions as a form of respect for patients' rights, as well as providing legal certainty for health workers in carrying out medical practices. However, in the condition of medical emergencies, health workers are often faced with situations that require rapid medical action to save patients' lives. In such circumstances, informed consent procedures cannot always be carried out completely as under normal conditions. This raises legal issues related to legal certainty for health workers who perform medical procedures without the prior consent of the patient or their families. This study aims to analyze the legal certainty of the implementation of informed consent in medical actions based on Law Number 17 of 2023 concerning Health and to find out its application at the Tanjung Rejo Health Center, Deli Serdang Regency. This research uses an empirical legal research method with a legislative approach and literature studies on laws and regulations and related literature. The results of the study show that Law Number 17 of 2023 provides a legal basis for health workers to carry out medical actions without prior consent in order to save patients' lives. However, in health service practice, obstacles are still found in the form of limited medical documentation, lack of public understanding of medical procedure procedures, and the application of operational standards of procedures related to informed consent that are not optimal

Normative Analysis of The Application of Restorative Justice in The Criminal Act of Theft

2026-10-26T20:42:00+07:00

Theft is one of the most common crimes in society and is generally resolved through criminal justice mechanisms that focus on punishing the perpetrator. However, this approach often fails to provide optimal recovery for victims or repair social relationships disrupted by the crime. In the development of criminal law, restorative justice has emerged as an alternative case resolution that emphasizes restitution for victims' losses, accountability for perpetrators, and the creation of peace between the parties. This study aims to analyze the application of restorative justice in the crime of theft based on applicable legal provisions and examine the normative constraints that influence its implementation. The research method used is normative legal research with a statutory regulatory approach, a conceptual approach, and a case approach. Data were obtained through a literature review of various regulations, legal doctrines, and relevant literature, then analyzed qualitatively. The results of the study indicate that the application of restorative justice in the crime of theft has a legal basis through various regulations issued by law enforcement institutions. However, its implementation still faces several obstacles, including limited criteria for cases that can be resolved restoratively and the lack of integrated regulations in the legislation. Harmonization of regulations is needed to realize the implementation of restorative justice that is more effective, fair, and recovery-oriented.