JURNAL HUKUM SEHASEN

Legal Analysis of the Termination of a Fixed-Term Employment Agreement Based on a Court Decision No: 50/Pdt.Sus-PHI/2025/PN.Mdn

Ziqra Elfhadjri — 2026-03-31

This study examines fixed-term employment agreements (PKWT) as a form of employment relationship with a limited duration, but often raises legal issues when termination of employment occurs that does not comply with statutory provisions. These issues usually arise from differences of opinion regarding the terms, procedures, and legal protections for workers and employers. This study uses a normative juridical method with a statutory approach and case studies of court decisions. The analysis of Decision Number: 50/Pdt.Sus-PHI/2025/PN.Mdn shows that courts generally emphasize compliance with Law Number 13 of 2003 concerning Manpower, as amended by Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation, in assessing the validity of termination of employment in PKWT. Court decisions also demonstrate efforts to balance the interests of employers with the protection of workers' rights, particularly regarding compensation, damages, and legal certainty. Thus, it can be concluded that the role of the court is very important in providing justice and legal certainty for the parties in employment disputes, while also strengthening the implementation of employment regulations.

Problematika Kedudukan Direktur yang Merupakan Penjamin Perorangan (Personal Guarantee) sebagai Termohon PKPU Problems of the Position of Directors Who Are Individual Guarantor (Personal Guarantee) as Respondents in PKPU

Wanako Bicton Manullang — 2026-04-01

This study aims to determine the legal position of directors in debt agreements accompanied by personal guarantees. In this study, the method used is doctrinal research, which means a literature study in which the author intends to use existing legal materials or secondary data. The conclusion that can be obtained is that the position of a guarantor in the Debt Payment Suspension (PKPU) process is essentially the last layer when the main debtor is no longer able to fulfill their debt payment obligations. Legally, although the guarantor bears subsidiary obligations like the debtor, the main purpose of PKPU is to provide the main debtor with the opportunity to restructure the debt through a peace plan, not to carry out direct collection.

The Role Of Advocates In The Legal Protection Of Children Accused Of Committing Narcotics Crimes Based On Law Number 11 Of 2012 Concerning The Criminal Justice System For Children

Sukma Yertina Kaban — 2026-04-01

Advocates play a crucial role as legal defenders, particularly in upholding children's rights, from the investigation stage to court decisions. This study aims to analyze the role of advocates in the legal assistance process for children accused of drug offenses and to examine the implementation of the principles of legal protection for children as stipulated in Law Number 11 of 2012. The handling of cases involving child drug offenders must prioritize diversion as a means of resolving the case outside the criminal justice process to avoid the negative impacts of detention and harsh sentences. The legal protection provided by advocates extends beyond defense in court, but also includes assistance during the investigation, prosecution, and trial to ensure the best interests of the child. The research method used is a normative juridical approach, examining laws and case studies. The results indicate that advocates' responsibilities extend beyond formal defense to children, including legal education, ensuring fair legal proceedings, and promoting restorative justice as mandated by the Children's Juvenile Justice Law. However, in practice, challenges remain, including a lack of understanding among advocates regarding child protection approaches and a limited availability of advocates with specialized competencies in child advocacy. Therefore, ongoing training and supporting regulations are needed to strengthen the role of advocates in realizing a just and humane juvenile criminal justice system.

The Role Of Evidence In Proving Cases Of Sexual Violence Against Women Based On Article 184 Of The Kuhap

Nur Aini Sandyta Br Tarigan — 2026-04-01

Legal protection in social life is crucial to protect people from violations of norms. Legal norms are needed in cases of sexual violence, encompassing various forms of physical, psychological, sexual, or economic suffering. Cases of violence against women are a topic of criminal procedure, particularly in the evidentiary process. Violence against women often faces evidentiary challenges due to the hidden nature of the crime, and victims often find it difficult to provide direct evidence. Collecting and presenting evidence in cases of violence against women faces various complex challenges. One of the main challenges is the often personal nature of the violence, making it difficult to obtain objective evidence. Another factor is that victims of violence often experience profound psychological trauma, which also affects the consistency or completeness of their testimony before investigators or the court. Shame, fear of social stigma, or threats from the perpetrator often make victims reluctant to report the incident. These obstacles require the involvement of experts from the National Commission on Violence Against Women (Komnas Perempuan), as well as legal services and assistance. Standard proof in cases of violence against women prioritizes the integration of various forms of evidence in accordance with Article 184 of the Criminal Procedure Code.

Analysis A Criminological Study of Supreme Court Decision No. 574K/PID.SUS./2018 on the Criminalization of a Sexual Harassment Victim Resulting in a Conviction, Reviewed under Law Number 12 of 2022 on Sexual Violence Crimes

Riki Sumansyah — 2026-04-01

The Supreme Court Decision Number 574 K/Pid.Sus./2018 has generated controversy as it is considered to have criminalized a victim of sexual harassment who was ultimately convicted as a defendant. This decision reflects serious problems in the enforcement of criminal law, particularly in relation to the protection of victims of sexual violence. This study aims to examine the decision from a criminological perspective and to review it based on Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS). The research method employed is normative legal research using a statutory approach, a case approach, and a conceptual approach. The data are derived from primary, secondary, and tertiary legal materials and are analyzed qualitatively. The findings indicate that the Supreme Court decision has not fully reflected the principles of victim protection and restorative justice as mandated by the UU TPKS. From a criminological perspective, the criminalization of victims has the potential to cause secondary victimization and to reinforce a culture of fear in reporting cases of sexual violence. Therefore, a paradigm shift among law enforcement officials is necessary in handling sexual violence cases to ensure alignment with the spirit of victim protection and respect for human rights as stipulated in the UU TPKS

A Criminological Study Of The Impact Of Murder On The Community And Online Motorcycle Ticket Drivers

Tika Hairani — 2026-04-01

This study examines how robbery crimes impact society and online motorcycle taxi drivers in Indonesia from a criminological perspective. The increase in street crime, particularly robbery, indicates a lack of legal protection for informal sector workers who work in public environments. This study uses normative law, employing a legislative and conceptual approach. The results of the study show that regulations protecting online motorcycle taxi drivers do not fully ensure their safety at work. Robbery causes material losses, emotional trauma, and a sense of insecurity in the community. From a criminological perspective, economic pressure, social inequality, and a lack of social bonds are the main causes of robbery. To prevent similar cases from recurring, the government and law enforcement agencies must strengthen law enforcement, improve social protection, and increase surveillance in crime-prone areas.

A Juridical Analysis Of Legal Protection For Doctors And Patients In Medical Aesthetic Services (A Review Under Law No. 17 Of 2023 On Health And Law No. 8 Of 1999 On Consumer Protection)

Frien Refla Syarif — 2026-04-01

The field of medical aesthetics has experienced rapid growth in recent years, in line with the increasing public awareness of the importance of appearance, skin care, and technological advancements in aesthetic medicine. However, behind this progress lie several legal issues that require serious attention, including unauthorized medical practice, alleged malpractice, and the inadequate legal protection afforded to both patients and medical practitioners. This study aims to examine the forms of legal protection available to doctors and patients in the practice of medical aesthetic services, with reference to Law Number 17 of 2023 on Health and Law Number 8 of 1999 on Consumer Protection. The research employs a normative juridical (doctrinal) method using a statute approach and a conceptual approach. The analysis is carried out qualitatively by examining primary, secondary, and tertiary legal materials. These two legal instruments serve as the primary foundation for ensuring legal protection for both parties; however, their implementation still requires derivative regulations and clearer enforcement mechanisms to strengthen their effectiveness. The government, the Professional Discipline Council, and the public are expected to play an active role in establishing an aesthetic medical service system that is safe, ethical, and equitable. Reforms to Indonesia’s health law framework should be directed toward an integrative and humanistic model of legal protection—one that not only safeguards medical practitioners from potential criminalization but also ensures patient safety and the protection of patients’ rights as consumers of aesthetic medical services. This study is expected to provide new perspectives and contribute to the growing body of literature in the field of health law in Indonesia.

Akibat Hukum Klien Yang Wanprestasi Terhadap Success Fee Kepada Kuasa Hukum Yang Menangani Perkara Ditinjuau Dari Hukum Perdata Dan Undang-Undang Advokat (Studi Kasus Kantor Hukum Kota Bengkulu)

Dia Ayu Wandira — 2026-04-01

In a success fee agreement, there is a period of time given to the legal counsel, but clients often fail to fully comply with it, resulting in default. This study is an empirical legal study on the Legal Consequences of Client Default on Success Fees to Legal Counsel as viewed from Civil Law and the Advocate Law, with a case study at a law firm in Bengkulu City. Breaches of contract often occur when clients do not pay success fees after winning a case, even though the relationship between clients and advocates is a contract that gives rise to rights and obligations as stipulated in the Civil Code and the Advocate Law. This study aims to determine the legal consequences of client default and the legal measures that can be taken by attorneys. The results of the study show that clients who do not fulfill their payment obligations are considered negligent in accordance with Article 1238 of the Civil Code. Attorneys have the right to issue a summons, and if it is still not fulfilled, they can claim damages based on Article 1243 of the Civil Code. The legal measures commonly taken are warnings, summonses, negotiations, and mediation, as confirmed through interviews with advocates in Bengkulu City. These measures are in accordance with the provisions of Law Number 18 of 2003 concerning Advocates.

Land Dispute Resolution Regarding The Sale And Purchase Of Customary Land Based On Rejang Customary Law In Kepahiang Regency From The Perspective Of The Basic Agrarian Law (UUPA)

Muhammad Mulyadi Yusuf — 2026-04-01

Land is a gift from God Almighty in the form of a natural resource that is essential for humans to meet their needs, both directly for life, such as for farming or for housing, as well as for carrying out their businesses such as for trade, industry, education, and the construction of other facilities and infrastructure. The Land Dispute Law, Regulation of the Head of the Indonesian National Land Agency No. 3 of 2011, explains that a land dispute is land whose ownership is disputed by two parties who wish to claim ownership of the land. Land disputes tend to occur frequently in Indonesia and are one of the most inevitable disputes today. Such disputes can arise for various reasons, such as unclear land boundaries, conflicting ownership claims, inheritance disputes, or changes in spatial planning. To avoid such problems, it is necessary to check the ownership status of the property you are planning to purchase, whether through an intermediary or without an intermediary. Common methods include obtaining a valid land certificate document from a legal entity, as well as the authenticity of the certificate ownership.

Legal Protection for Witnesses in The Criminal Act of Theft Based on The Criminal Code (KUHP)

Hendra Julianto Marselinus Tarigan — 2026-04-01

The crime of theft as regulated in Chapter XXII, Article 362 of the Criminal Code is theft in its basic form. The elements are, namely the "objective" element, there is an act of taking, the object taken is something, the item is wholly or partially owned by another person. The crime of theft with violence is regulated in Article 365 of the Criminal Code, and also includes all the elements outlined in Article 363 paragraph 1 of the Criminal Code. This prolonged tendency has ultimately become a taboo in society. The victim is considered the party that receives help, with the assumption of punishing the perpetrator of the crime alone; unless the victim is also a witness, to help in providing evidence in the crime, the rest returns to the goal and view of punishing the perpetrator alone. In Indonesia itself, there are regulations regarding the protection of victims and witnesses, such as in Law Number 13 of 2006 concerning the Protection of Witnesses and Victims. With these regulations, witnesses and victims should receive proper guarantees and not need to feel threatened or harmed. Because victims are the ones who suffer, they should receive assistance or facilitation in reporting or filing complaints with the authorities. Therefore, this research was conducted using normative legal research (normative legal research method). The normative legal research method is a legal literature study conducted by examining literature or secondary data. This research was conducted to obtain materials in the form of theories, concepts, legal principles, and related legal regulations. The data obtained in this study will be analyzed qualitatively in accordance with the specific nature of the research, to examine the relationship between theory and practice in witness protection in theft crimes. Qualitative data analysis. Legal protection for witnesses and witnesses in theft crimes involves guaranteeing a sense of security from potential threats arising from the presence of a suspect or his accomplice. Legal protection for victims of theft crimes, although it has been implemented well, it would be better if there were efforts made by law enforcement officers in overcoming or suppressing the occurrence of violent theft crimes by conducting education on the dangers of theft crimes, patrolling, and also forming community groups that are responsive to a crime. By paying attention to law enforcement officers in making policies towards victims and witnesses, they pay more attention to the aspect of interest in this case, victims and witnesses as people who suffer physically and mentally really need all efforts or policies that support the achievement of justice that should be obtained by the victims.

Legal Review Of The Role Of The Police In Combating Online Gambling Crime Based On Criminology Theory (Case Study In The Jurisdiction Of The Bengkulu City Police)

Ramadhan Syaipullah — 2026-04-02

Online gambling is a crime that continues to grow with advances in information technology. Although prohibited by Articles 303 and 303 bis of the Criminal Code and the Electronic Information and Transactions (ITE) Law, this practice remains widespread due to its anonymous, cross-border, and digital nature. This phenomenon also occurs within the jurisdiction of the Bengkulu City Police, marked by an increase in the number of online gambling cases handled. This study aims to analyze the role of the Bengkulu City Police in combating online gambling and assess the effectiveness of its legal regulations based on criminological theory. The method used is empirical juridical legal research through literature review and interviews. The results show that the Bengkulu City Police have implemented preventive, preemptive, and repressive efforts through outreach, cyber patrols, law enforcement, and collaboration with relevant agencies. However, implementation still faces obstacles such as limited resources, the technological sophistication of perpetrators, and low digital literacy among the public. Based on the theories of social control and differential association, online gambling is influenced by weak social oversight and the digital environment. This study concludes that the role of the police has been running, but not optimally, so that it is necessary to strengthen regulations, increase the capacity of officers, and synergy between related parties.

Digital Agreements On The Legal Validity Of Electronic Signatures In Online Lending From The Perspective Of Indonesian Legislation

Septi Fitria Ningsih — 2026-04-02

The rapid development of information technology has led to the increasing use of digital agreements in various sectors, including online lending services (fintech lending). In practice, digital agreements commonly use electronic signatures as a form of consent between the parties. However, there are still debates regarding the legal validity and evidentiary strength of electronic signatures under Indonesian positive law, particularly in relation to the provisions of the Indonesian Civil Code and the Law on Information and Electronic Transactions (ITE Law). This study aims to analyze the validity of electronic signatures in digital online lending agreements and to examine the legal certainty of their evidentiary value based on Indonesian legislation. This research employs normative legal research methods with statutory and conceptual approaches through literature review of primary, secondary, and tertiary legal materials. The results show that electronic signatures are legally valid as long as they comply with the requirements stipulated in the ITE Law and its implementing regulations and do not contradict the legal requirements of contracts under Article 1320 of the Indonesian Civil Code. Furthermore, electronic signatures possess lawful evidentiary value in civil procedural law as electronic evidence. However, their effectiveness largely depends on the legality of electronic system providers, the use of certified electronic signatures, and the quality of security systems applied. Therefore, stronger harmonization between the Civil Code and the ITE Law is necessary to ensure legal certainty in digital agreements, particularly in online lending services, in order to achieve optimal legal protection for the parties involved.

Legal Protection For Banking Customers Due To Skimming Based On Statutory Regulations

Evita Tri Elandiah — 2026-04-02

Legal protection for banking customers due to skimming based on statutory regulations”. This thesis examines how legal protection for banking customers due to skimming is based on statutory regulations as evidenced by consumer protection theory, civil agreement theory. The type of research used by the author in examining the problems in this study is normative research. Normative research is a process to find legal rules, legal principles, and legal doctrines to answer the legal issues faced. From the results of the study, if a customer makes a transaction at an ATM, the bank will also check the CCTV on the ATM machine. From the CCTV footage that can be seen, it can be seen whether the customer has made the transaction or not. Then, after checking and proving that the incident was indeed a skimming crime, the bank must replace the amount of customer money that has been lost by following the procedures provided by the bank itself. However, if during the investigation it is found that the customer lost money due to the customer's own negligence, the bank cannot replace the losses experienced by the customer. Examples of customer negligence are not closing the ATM machine with their hands when entering the ATM PIN, then the ATM card is left in the ATM machine, the customer makes online purchases, fraud and so on. There are 2 Forms of Protection Law. Preventive legal protection and repressive legal protection. Preventive legal protection provides legal subjects with the opportunity to raise objections or express opinions before a government decision becomes final. Repressive legal protection aims to resolve disputes. Customers have the right to receive compensation for funds or accounts lost or stolen from the bank holding the deposit rights.

The Settlement Of Criminal Disputes Disputes Under National Law Andcustomary Criminal Law In Baturaja Village Community Of Pondok Kubang Sub-District In Central Bengkulu

Yessi Silviani — 2026-04-02

Sanctions in customary criminal law can be in the form of traditional punishments, such as fines, purification, or ostracism from the community. The formulation of the problem taken in this study is How is the resolution of criminal disputes in the law and customary criminal law in the community of Baturaja Village of Pondok Kubang Sub-District in Central Bengkulu? What are the inhibiting factors in the resolution of criminal disputes in the law and customary criminal law in the community of Baturaja Village of Pondok Kubang Sub-District in Central Bengkulu? The research method in this thesis is an empirical legal method. The empirical approach is used to determine the practice of resolving criminal cases according to customary law that applies in the community. Conclusion Settlement of criminal cases through customary law is a process of resolving cases outside the courts which consists of first, a mediation system with a consensus approach through deliberation. Second, a restorative justice system, a case resolution system with the intention of restoring the conditions arising from the victim therefore a sense of brotherhood between each party is woven back together. The main objective of resolving violations of customary criminal acts is not based on a retributive view (retribution); but as a means of resolving conflicts, maintaining harmonious conditions among community members, and maintaining solidarity.

Cargo Manifest Forgery by Shipping Administration Officers under Indonesian Criminal and Shipping Law

Zulfan Noor Mahazalien — 2026-04-02

This study examines the criminal liability of shipping administrative officers (krani) involved in the forgery of shipping documents without physical verification. The analysis refers to Article 263 of the Indonesian Criminal Code and Law No. 17 of 2008 on Shipping. It focuses on the dual role of the krani as both a technical executor and a subject of criminal liability, as illustrated in District Court Decision No. 323/Pid.Sus/2017/PT.DKI. Employing a normative legal method with statutory, conceptual, and comparative approaches, the study draws upon statutory provisions, legal doctrines, and relevant jurisprudence. Findings indicate that shipping officers hold a crucial legal position within corporate responsibility chains. However, the regulatory framework lacks explicit boundaries regarding their authority and liability. The court concluded that the defendant had actively prepared and signed falsified documents without conducting proper verification, fulfilling the elements of criminal offense. Nevertheless, assigning criminal blame solely to lower-level officers may risk abuse of hierarchical power and allow impunity for supervisory officials. The study underscores the need for clearer legal norms delineating criminal responsibility between administrative personnel, superiors, and corporate entities. It recommends strengthening internal controls and implementing continuous compliance training to prevent the unjust criminalization of technical staff lacking substantive decision-making authority.

Analysis of the Security System at Class II A Kupang Correctional Institution in Preventing Inmate Escape Cases

Shalsabilah Putri Aliman — 2026-04-02

This study examines the implementation and effectiveness of the security system at Class IIA Kupang Correctional Institution in preventing inmate escape cases. Using an empirical juridical approach with a qualitative descriptive method, the research analyzes the application of security regulations in practice and identifies factors influencing their effectiveness. The findings reveal that the security system has been implemented through three primary mechanisms: static security, dynamic security, and procedural security. These measures have been carried out in accordance with Law Number 22 of 2022 concerning Corrections and Regulation of the Minister of Law and Human Rights Number 33 of 2015 concerning Security in Correctional Institutions and Detention Centers. Physical security arrangements, dynamic supervision by officers, and the implementation of standard operating procedures (SOPs) have formally functioned as required by applicable regulations. However, despite the availability of a structured regulatory framework and established security mechanisms, the effectiveness of the system in practice remains constrained. The study indicates that operational challenges limit the optimal prevention of inmate escapes. The effectiveness of the security system is significantly influenced by several interconnected factors, including limited human resources, inadequate security facilities and infrastructure, and the high density of inmates. These factors collectively affect the overall security environment and hinder the full realization of preventive objectives. In conclusion, although the security system at Class IIA Kupang Correctional Institution is normatively well-designed, its practical implementation has not yet achieved optimal effectiveness in preventing inmate escapes.

Implementation Of Fisheries Commodity Shipments From Ambon By The Company

Agusnal Fitralius Hakim — 2026-04-02

The fisheries sector plays a strategic role in Indonesia's economic development as an archipelagic country with abundant marine resources. In addition to being a source of food, this sector is also a leading export commodity that contributes to the country's foreign exchange. Law No. 31 of 2004 stipulates that every fishing business must have a permit, and every shipment of fishery products must be accompanied by valid documents such as SKAI and quarantine certificates. However, practices in the field still show violations of these provisions, such as the shipment of fish without complete documents and not through official ports of call. Cases in Ambon show that shipments are often made in a hurry to meet export schedules, resulting in the neglect of legal aspects. This condition is exacerbated by weak supervision, limited supervisory human resources, and abuse of authority. As a result, the country stands to lose in terms of revenue and export reputation. From a criminal law perspective, such violations are punishable under Article 93 of Law No. 31 of 2004, with a maximum penalty of 6 years imprisonment and a fine of Rp 2 billion. Although administrative and criminal sanctions are available, their implementation still faces challenges in terms of enforcement and legal certainty.

Analisis Perlindungan Bagi Konsumen Dalam Transaksi Digital Menggunakan Transaksi Digital cryptocurrency bitcoin

Nessa Lendrawati — 2026-04-02

The development of digital technology has given rise to cryptocurrency as a new investment instrument. In Indonesia, cryptocurrency is not recognized as a legal means of payment but is classified as a commodity supervised by the Badan Pengawas Perdagangan Berjangka Komoditi (BAPPEBTI), which raises legal issues related to consumer protection in volatile and high-risk transactions.mThis study aims to analyze the legal position of consumers, the forms of legal protection available, and the roles of business actors and supervisory authorities using a normative legal research method. The findings show that consumer protection for crypto assets has not been specifically regulated and still relies on general regulations. Bank Indonesia prohibits the use of cryptocurrency as a means of payment, while BAPPEBTI supervises its trading as a commodity. However, supervision and dispute resolution mechanisms remain limited, resulting in suboptimal legal certainty for consumers.

Synchronization Of Authority To Eradicate Criminal Acts Of Corruption According To Law 31 Of 1999 Concerning The Eradication Of Criminal Acts Of Corruption Handled By The Corruption Eradication Committee (KPK), The Prosecutor's Office, And The Republic O

Mona Fidelia Manurung — 2026-04-02

Corruption is a systemic problem that has become deeply rooted in Indonesia's national life, with multidimensional impacts that harm state finances, undermine democracy, and hinder development. Efforts to eradicate corruption are carried out by three law enforcement institutions: the Corruption Eradication Commission (KPK), the Attorney General's Office of the Republic of Indonesia, and the National Police of the Republic of Indonesia, each with authority based on statutory regulations. This study aims to analyze the synchronization of the authority of these three institutions in implementing corruption eradication in accordance with Law Number 31 of 1999 concerning the Eradication of Corruption Crimes (as amended) and to evaluate the impact of Law Number 19 of 2019 on their performance. The research method used is normative legal research with statutory, case, and historical approaches, as well as qualitative analysis of secondary data in the form of primary, secondary, and tertiary legal materials. The results show that normatively, regulations on corruption eradication are coherent, applying the principle of lex specialis derogat legi generali. The KPK has special authority to handle corruption cases involving law enforcement officials or state administrators, cases that receive public attention, and/or those involving state losses of at least IDR 1 billion. Meanwhile, the Attorney General's Office and the National Police handle corruption cases that do not meet these qualifications, with the Attorney General's Office responsible for investigation and prosecution, and the National Police tasked with inquiry and investigation. However, in practice, there is a lack of synchronization marked by overlapping authority, differences in interpretation of regulations, and horizontal conflicts between institutions. The existence of limiting boundaries regarding the authority of each institution (National Police, Attorney General's Office, and KPK) in handling corruption crimes is intended to ensure that relations between law enforcement institutions do not lead to monopolization or overstepping of each other's duties.

Analysis Of The Application Of Customary Fines In Resolving Cases Of Violent Land Grabbing Under Timorese Customary Law In Taebenu District, Kupang Regency

Rody Marsela Humau — 2026-04-02

Customary fines are sanctions imposed on individuals or groups who violate customary norms or traditional rules, with the aim of restoring the disturbed balance and serving as a means of social control when problems arise within a community. In Timorese customary society, customary fines continue to play an important role as a mechanism for dispute resolution, including in cases of land grabbing accompanied by violence. This study aims to analyze the application of customary fines in resolving cases of violent land grabbing under Timorese customary law in Taebenu District and to identify the factors influencing their effectiveness. This research employs an empirical legal method with a sociological juridical approach. Data were collected through interviews with customary leaders, village officials, perpetrators, and victims, and were supported by a literature review of relevant legal materials. The findings indicate that the imposition of customary fines is carried out through customary deliberation mechanisms involving customary leaders, community leaders, village authorities, and the disputing parties. The customary sanctions generally consist of a combination of rice, pigs, and cash, with the amount determined according to the level of fault and the impact of the act committed. Substantively, the application of customary fines functions not only as a sanction but also as a means of restoring social relationships, maintaining community balance, and achieving peaceful conflict resolution. Normatively and culturally, this mechanism continues to be respected and practiced by the community as an integral part of Timorese customary values. The effectiveness of customary fines is supported by strong local wisdom, community respect for customary authorities, the moral pressure and social shame generated by customary sanctions, and the enduring culture of deliberation within the community. However, several obstacles remain, including the increasing economic value of land, unclear land boundaries and inheritance status, imbalance between the imposed fines and the material losses suffered by victims, and the influence of modernization that encourages some individuals to seek resolution through formal state law. These factors indicate that customary fines have not yet fully prevented the recurrence of violent land grabbing cases.

Criminological Study of Criminogenic Behavior in the Practice of Kizomba Dance within the Community of Miomaffo Tengah Subdistrict, North Central Timor Regency

Amandus Sali Kofi — 2026-04-02

This study aims to analyze the practice of Kizomba dance as criminogenic behavior and to examine the efforts undertaken to address conflicts arising from its practice in Miomaffo Tengah Subdistrict, North Central Timor Regency. This research employs a qualitative method with criminological and sociological approaches, using interviews, observations, and documentation techniques. The findings indicate that the practice of Kizomba dance has generated social reactions in the form of anxiety, tension, and social stigma among segments of the community, as it is perceived to be inconsistent with customary values, norms of decency, and religious teachings upheld within the local society. Although it does not always result in officially reported criminal acts, the practice has the potential to function as a criminogenic factor that triggers latent conflicts, particularly when influenced by alcohol consumption, peer group pressure, and weak social control. Conflict mitigation efforts are carried out through pre-emptive, preventive, and repressive approaches. Pre-emptive measures include legal education and socialization programs conducted by law enforcement authorities in collaboration with traditional and religious leaders. Preventive efforts involve limiting party hours, supervising alcohol consumption, enforcing public order regulations, and promoting local traditional dances as alternative forms of entertainment. Repressive measures are implemented through customary mediation, the application of social and traditional sanctions (Na’opab), and criminal law enforcement when conflicts escalate into criminal offenses. The study concludes that synergy between state law and customary law plays a crucial role in controlling potential conflicts, although strengthening local regulations and enhancing collective community awareness remain necessary for sustainable conflict management.

Juridical Analysis of Sentencing Disparity in Cases of Joint Commission of Rape and Murder by a Minor in Palembang

Welmar Sonia Aprialda da Silva — 2026-04-02

This study examines sentencing disparity in cases involving joint participation in rape and murder committed by minors in Palembang. Significant differences in sanctions imposed on several minors involved in the same series of serious crimes raise juridical issues concerning the application of the principle of individual criminal responsibility and proportionality within the juvenile justice system. The research addresses two main questions: why sentencing disparity occurs in such cases and how sentencing should be imposed in accordance with prevailing legal principles. The objective is to analyze the causes of disparity and to formulate an appropriate sentencing framework that reflects justice and balances the protection of child offenders with victims’ rights. This research employs a normative juridical method using statutory, case, and conceptual approaches. Primary, secondary, and tertiary legal materials are analyzed qualitatively through legal interpretation and reasoning methods. The findings indicate that sentencing disparity arises from the suboptimal application of individual criminal responsibility in the context of participation. Judicial considerations tend to emphasize age and the position of the principal offender without proportionally linking them to the level of involvement, intent, and actual contribution of each minor. As a result, the sentencing decisions create imbalances that do not fully reflect proportionality, equality before the law, and substantive justice within the juvenile justice system. Therefore, judges should place greater emphasis on analyzing each offender’s individual role and consistently apply the principle of individual criminal responsibility to ensure a fair balance between child protection and justice for victims.

Asset Recovery Mechanism for Victims of Illegal Investment Fraud : “A Comparative Study of Indonesia and Malaysian Law (Analysis of the Binomo Case Decision)

Efika Weny Meida Simatupang — 2026-04-02

Illegal investment fraud through binary option platforms such as Binomo has caused massive financial losses to thousands of victims in Indonesia. This study aims to analyze the asset recovery mechanism for victims of illegal investment fraud within the Indonesian legal system based on an analysis of the Binomo case verdict, and to compare it with the asset recovery mechanism under Malaysian law. This research employs a normative legal research method with statutory, case-based, and comparative approaches. The findings indicate that Indonesian law has provided asset recovery mechanisms through restitution, joinder of compensation claims in criminal proceedings, and asset forfeiture under the Anti-Money Laundering Law; however, their implementation remains inconsistent, as reflected in the Binomo case rulings. In contrast, Malaysia through AMLATFPUAA 2001 offers a more comprehensive framework, including civil forfeiture without requiring full criminal conviction. This study recommends the adoption of a non-conviction based forfeiture mechanism and the establishment of a dedicated asset management institution in Indonesia as a strategic step toward legal reform.

Legal Protection For Victims Of Mypertamina Barcode Ownership Abuse In The Distribution Of Subsidized Fuel

Ferawati Royani — 2026-04-02

This study aims to analyze the legal regulations and forms of criminal liability for perpetrators of misuse of the MyPertamina Barcode in the distribution of subsidized fuel oil (BBM). Since October 2024, the government through PT Pertamina Patra Niaga has implemented a policy of using the MyPertamina barcode as a requirement for purchasing subsidized fuel. However, this policy has created new problems in the form of increased misuse of barcode ownership by irresponsible parties. The research method used is normative juridical with a statutory approach and a case approach. The results of the study indicate that legal regulations regarding the misuse of the MyPertamina barcode are regulated in several laws and regulations, namely Article 378 of the Criminal Code concerning fraud, Article 55 of Law Number 22 of 2001 in conjunction with Article 40 paragraph (9) of Law Number 6 of 2023 concerning the misuse of subsidized fuel, and Articles 65-67 of Law Number 27 of 2022 concerning Personal Data Protection. Criminal liability includes imprisonment and fines, with a maximum penalty of six years and a fine of IDR 60 billion for violations of the Oil and Gas Law, as well as additional penalties in the form of confiscation of evidence. This study recommends strengthening the security system of the MyPertamina application, improving coordination between Pertamina and law enforcement, and improving regulations to impose strict sanctions on perpetrators of abuse.

A Criminological Review of Children as Perpetrators of Robbery from the Perspective of Law No. 12 of 2012 Concerning the Juvenile Criminal Justice System

Soni Rasta — 2026-04-02

This study examines the criminological factors that encourage children's involvement in muggings and the application of the Juvenile Criminal Justice System (JCS) to muggings, based on Law Number 11 of 2012. The research method used is normative juridical, with a statutory and conceptual approach. The results indicate three dominant, interrelated factors: first, the influence of social interactions and peer groups, as explained in Edwin H. Sutherland's Differential Association Theory; second, family dysfunction, which weakens children's social bonds, as explained in Travis Hirschi's Social Control Theory; and third, school dropout and unemployment, which encourage illegal behavior, as explained in Robert K. Merton's Anomie Theory. The normative application of the Juvenile Criminal Justice System (JCS) has provided a comprehensive legal framework with a restorative justice approach, aligned with Social Control Theory, to strengthen children's social bonds through rehabilitation and reintegration. However, its implementation still faces normative, infrastructural, and paradigmatic obstacles that require multi-level reform to close the gap between das sollen and das sein.

Analysis Of Civil Legal Responsibility Of Dangerous Skincare Sellers Towards Consumers (Case Study Of The Distribution Of Pinkflash Brand Cosmetics In Bengkulu)

Prima Ramadhania — 2026-04-02

The circulation of cosmetic and skincare products that do not meet safety standards remains a serious problem in consumer protection. One example is the Pinkflash brand of cosmetics, whose distribution permit has been revoked by the Food and Drug Monitoring Agency (BPOM), yet it is still found circulating on the market and causing harm to consumers. This study aims to analyze the civil legal liability of sellers to consumers for the distribution of hazardous cosmetics and the legal protection efforts for harmed consumers. The research method used is empirical legal research with a statutory and case-based approach. Data were obtained through literature review and interviews, then analyzed qualitatively. The results indicate that sellers who continue to distribute hazardous cosmetics are civilly liable for consumer losses under Law Number 8 of 1999 concerning Consumer Protection and Article 1365 of the Civil Code. Legal protection for consumers can be achieved through the role of BPOM, consumer dispute resolution, and civil lawsuits in court.

Legal Analysis Of The Validity Of Siri Marriages According To Law Number 1 Of 1974 Concerning Marriage

Pujja Dwi Sartika — 2026-04-02

Marriage is a legal event that gives rise to broad civil legal consequences, both for husband, wife, and children. In the Indonesian legal system, the validity of marriage is regulated by Law Number 1 of 1974 concerning Marriage, which requires the fulfillment of religious provisions and the obligation of registration by the state. However, in practice, many people still conduct unregistered marriages, namely marriages that are valid according to religious law but are not administratively registered. This phenomenon creates legal problems because it creates a dualism between religious validity and state legal legality. This study aims to analyze the legal provisions regarding the validity of marriage according to Law Number 1 of 1974 and examine the legal position of unregistered marriages from the perspective of positive law and other related laws and regulations. This study uses a normative legal research method with a statutory and conceptual approach, by examining primary, secondary, and tertiary legal materials. The research results show that unregistered marriages, although valid according to religion, lack legal force under positive law because they do not meet the formal requirements for registration as stipulated in Article 2 paragraph (2) of Law Number 1 of 1974. The legal consequences of unregistered marriages weaken legal protection for wives and children, particularly regarding the rights to maintenance, inheritance, child status, and joint property. The state provides a marriage confirmation mechanism as a repressive legal protection measure, but this mechanism is limited and is not intended to legalize unregistered marriages. Therefore, marriage registration is an important instrument in achieving legal certainty and protecting civil rights within the national marriage law system.

Juridical Study of the Practice of Fishing Using Explosives (A Case Study of Fishermen on Semau Island

Herli Paulus Poto — 2026-04-02

The practice of fishing using explosives is a form of destructive fishing that not only violates fisheries law but also causes serious impacts on the sustainability of marine ecosystems and the socio-economic life of coastal communities. Although it has been strictly regulated under Law Number 45 of 2009 concerning Fisheries and reinforced by the Minister of Marine Affairs and Fisheries Regulation Number 36 of 2023, this illegal practice continues to occur in several coastal areas, including Semau Island, Kupang Regency, East Nusa Tenggara Province. This study aims to analyze the factors that cause fishermen on Semau Island to continue using explosives in fishing activities despite legal prohibitions, and to examine the juridical impacts on perpetrators, communities, and marine ecosystems. This research employs an empirical legal research method with a case study approach. Data were obtained through interviews with fishermen, law enforcement officers from the Marine and Air Police Directorate (Ditpolairud), and other related stakeholders. These data were supported by document studies of legislation, court decisions, and relevant legal literature. The data were analyzed using a descriptive qualitative approach based on theories of law enforcement, legal certainty, criminal liability, and legal awareness. The findings reveal several key factors encouraging fishermen to continue using explosives, including economic pressure and livelihood needs, time efficiency with larger catches, easy access to explosive materials, long-standing fishing traditions, low levels of legal awareness and compliance, and limited alternative livelihoods. Furthermore, the practice results in juridical consequences in the form of criminal sanctions for offenders, socio-economic losses for coastal communities, and severe damage to marine ecosystems, particularly coral reefs and fish resources. In addition, weak law enforcement and the limited deterrent effect of court decisions have reduced the effectiveness of legal implementation in practice. This study concludes that a gap still exists between legal norms and their practical implementation in fishing activities on Semau Island. Therefore, stronger law enforcement, increased legal awareness among fishermen, and integrated policies addressing legal, social, economic, and environmental aspects are necessary to achieve sustainable and equitable fisheries resource management.

Law Enforcement and Protection for Child Victims of Sexual Violence: A Case Study in Tesi Ayofanu Village, South Central Timor Regency

Samuel Jarno Kase — 2026-04-02

Penelitian ini bertujuan untuk menganalisis mekanisme penegakan hukum serta efektivitas perlindungan hukum terhadap anak korban tindak pidana kekerasan seksual, dengan mengambil studi kasus pada korban berinisial MK di Desa Tesi Ayofanu. Penelitian ini menggunakan pendekatan yuridis empiris dengan metode penelitian kualitatif. Data dikumpulkan melalui wawancara, observasi, serta dokumentasi terhadap aparat penegak hukum, tenaga medis, aparat desa, dan masyarakat setempat. Hasil penelitian menunjukkan bahwa proses penegakan hukum diawali dari laporan masyarakat yang dipicu oleh kontrol sosial informal berupa desakan warga setempat. Kepolisian melalui Unit Perlindungan Perempuan dan Anak (Unit PPA) telah menerapkan prinsip perlakuan khusus terhadap korban anak dengan melakukan pemeriksaan di ruang ramah anak guna meminimalkan trauma psikologis korban. Selain itu, koordinasi antar lembaga antara kepolisian, tenaga medis di Puskesmas, serta pemerintah desa berperan penting dalam mengungkap upaya manipulasi identitas yang diduga dilakukan oleh pelaku. Dari perspektif yuridis, perlindungan hukum terhadap anak korban kekerasan seksual telah memiliki dasar hukum yang kuat melalui Undang-Undang Perlindungan Anak dan Undang-Undang Tindak Pidana Kekerasan Seksual yang memberikan instrumen pemberatan pidana, legalitas visum et repertum sebagai alat bukti, serta hak restitusi bagi korban. Namun demikian, proses penegakan hukum masih menghadapi berbagai hambatan non-yuridis seperti relasi kuasa yang timpang akibat status sosial pelaku sebagai tokoh agama, faktor kemiskinan, serta adanya kecenderungan masyarakat untuk menutup-nutupi kasus melalui mekanisme penyelesaian informal. Penelitian ini menunjukkan bahwa keberhasilan penegakan hukum dalam kasus kekerasan seksual terhadap anak sangat dipengaruhi oleh sinergi antara sistem hukum formal dan kontrol sosial masyarakat dalam mendorong terciptanya keadilan bagi korban

Legal Review Of The Determination Of Child Custody Rights After Divorce From The Perspective Of Indonesian Civil Law

Syna Ardia Putri Lubis — 2026-04-02

The determination of child custody rights after divorce is an important issue in family law in Indonesia because divorce can have an impact on the mental condition and growth and development of children. Therefore, clear regulations are needed to ensure that children's rights are protected. This study aims to analyze the determination of child custody after divorce based on the perspective of Indonesian civil law and the forms of legal protection provided to children. The research method used is normative juridical, examining relevant legislation, doctrine, and legal literature. The results of the study show that the determination of child custody is not only based on the biological relationship between parents and children, but also prioritizes the principle of the best interests of the child. These provisions are regulated in Law Number 1 of 1974 concerning Marriage, Law Number 23 of 2002 in conjunction with Law Number 35 of 2014 concerning Child Protection, and the Compilation of Islamic Law (KHI). Even in the event of divorce, both parents remain obligated to care for, educate, and provide for the child. Legal protection of children encompasses all activities to guarantee and protect children and their rights so that they can live, develop, and grow properly and receive protection from violence and discrimination. Legal protection for children is all activities to guarantee and protect children and their rights so that they can live, develop, and grow properly, and receive protection from violence and discrimination. Child protection in the event of parental divorce is closely linked to the parents' authority, even if the marriage ends due to divorce initiated by both parents. Therefore, legal protection for children after divorce is not solely the responsibility of one parent, but rather of both parents, the father and mother of their children. The state also has a responsibility through the courts to provide legal certainty and guarantee the future of children so that they do not become victims of their parents' divorce.

Law Enforcement On The Safeguarding Of Evidence That Has Become Legally Binding (In Kracht Van Gewijsde) In Corruption Crimes (A Study At The Attourney’s Office Of South Tapanuli District)

Stiven Jhasen Sinaga — 2026-04-02

Corruption is a form of crime that has a direct impact on the welfare of society. Corruption is an unlawful act carried out to enrich oneself, another person, or a corporation, which is detrimental to state finances or the country's economy. Corruption is also a crime that is included in the category of special crimes because it has different specifications from general crimes both in procedural law and material (substance), especially in the handling of evidence of special crimes whose origins must be examined so that the handling of the crime does not harm parties who are not involved. Corruption is also regulated in various regulations such as Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, Law Number 15 of 2002 concerning the Crime of Money Laundering, Law Number 30 of 2002 concerning the Corruption Eradication Commission, the latest Criminal Code (Law Number 1 of 2023), and so on. The law has regulated a number of provisions aimed at strengthening and perfecting the eradication of corruption in Indonesia as well as anticipating and eradicating various increasingly sophisticated corruption modes, as well as increasing the effectiveness of law enforcement related to corruption crimes. The method used is an empirical juridical approach with direct field research studies at the South Tapanuli District Attorney's Office. Mechanisms and Procedures for Securing Evidence in Corruption Crimes according to the provisions of the Criminal Procedure Code and the Corruption Crime Law. The provisions of evidence according to the Criminal Procedure Code are regulated in articles 39-46 of the Criminal Procedure Code starting from Confiscation, Storage of Confiscated Objects, Management of Confiscated Objects / evidence after having permanent legal force. Meanwhile, Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Corruption Crimes regulates more specifically the management of evidence, especially related to assets resulting from corruption by means of Asset Confiscation (Article 18 of the Corruption Law). Confiscation of Assets suspected of originating from criminal acts of corruption, Blocking and Custody, to Execution of Decisions. The Role of the Prosecutor's Office in Securing Evidence that has been In Kracht in corruption cases. The Prosecutor's Office through the Asset Recovery and Evidence Management division has a role in managing evidence as regulated in the Regulation of the Attorney General of the Republic of Indonesia Number: PER-027/A/JA/10/2014 Concerning Guidelines for Asset Recovery. In practice, the management of evidence carried out by the Prosecutor's Office through the Asset Recovery and Evidence Management Division consists of 5, namely: Direct Sales, Indirect Sales, Determination of Use Status, Grants, and Destruction. Implementation of Evidence Securing in the Practice of Corruption Law Enforcement at the South Tapanuli District Prosecutor's Office. Evidence Securing in criminal acts of corruption at the South Tapanuli District Prosecutor's Office often takes the form of documents, financial transactions, and letters.

Legal Protection for Companies Experiencing Boycott Practices from the Perspective of Economic Law Enforcement

Siska Fitria Bodamer — 2026-04-02

This study aims to analyze legal protection for companies experiencing boycott practices from the perspective of Indonesian economic law enforcement, particularly through Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. The research employs a normative juridical method with a literature-based approach, utilizing statutory regulations, books, official documents, publications, and prior research findings as supporting materials. The results indicate that the mechanisms of the Business Competition Supervisory Commission (KPPU) are effective in protecting affected parties through investigations and binding decisions. However, challenges remain, including legal uncertainty arising from MUI Fatwa No. 83 of 2023 and the spillover effects of losses along supply chains, which necessitate normative synchronization. The conclusion emphasizes the need to balance consumer rights and economic efficiency, and recommends the establishment of boycott verification guidelines and the strengthening of enforcement mechanisms to ensure business certainty.

Criminal Liability Of Perpetrators Of Murder In The Perspective Of Law No. 1 Of 2023 On The Criminal Code (KUHP)

Pio Andina Serepina Simanullang — 2026-04-03

The enactment of Law No. 1 of 2023 brings fundamental changes to the Indonesian criminal law landscape, particularly regarding criminal liability for homicide. This study aims to analyze the construction of criminal liability for homicide perpetrators based on Articles 458-462 of the National Criminal Code, and the implications of the new paradigm of sentencing objectives in Articles 51-54. The research method employed is normative juridical with a legislative approach. The study results show that the National Criminal Code emphasizes a balance between legal certainty and restorative justice, where sentencing is no longer merely retributive, but rather an effort toward rehabilitation and conflict resolution.

Ability Correctional Institutions In Preventing Recidivism (Study At Class IIA Langkat Narcotics Prison)

Nur M. Fadli Nst — 2026-04-03

The strong correlation between crime and social interaction is implicitly reflected in the Criminal Code (KUH Pidana), which states that crime is essentially rooted in social interaction. And when that interaction causes harm to another party, a crime occurs. This is the premise that describes how the correlation between crime and social interaction is established. When a harmful act is regulated by criminal law, it is no longer categorized as merely a crime but becomes a criminal offense. This definition defines the act as behavior that, at a given time and within a given cultural context, is considered intolerable and must be corrected through the use of legal means. The author's background in formulating the problem in this research is:How is the capability of Correctional Institutions in Preventing Recidivism in Class IIA Langkat Narcotics Prison in an effort to prevent the phenomenon of repeated criminal acts? This research is a normative-empirical research with a live-case study category based on empirical observations of the implementation of provisions of correctional laws and regulations in Class II A Langkat Narcotics Prison to evaluate the effectiveness of the guidance of inmates in it related to efforts to prevent repeated criminal acts (recidive). He acknowledged that repeat offenders in the Class IIA Langkat Narcotics Prison experience annual recidivism. Therefore, he believes recidivism in his area is a common occurrence, as crime, which is a part of society, also accompanies crime. Where there is society, there is law; where there is law, there is crime; and where there is crime, there is recidivism. Therefore, the goal of rehabilitation is not to eliminate recidivism but to minimize it. To prevent character-based recidivism, the Class II A Langkat Narcotics Prison collaborates with Islamic, Christian, Hindu, and Buddhist religious leaders to provide regular spiritual guidance. This ensures that mental and spiritual development activities can benefit inmates.

Pelaksanaan Penyidikan Penyidik Pegawai Negeri Sipil Dinas Tenaga Kerja Dan Transmigrasi Prov.Sulsel Terhadap Pelanggaran Ketenagakerjaan

Udin Palamma — 2026-04-03

This study aims to study and analyze (1) How is the implementation of investigation by investigating civil servant employment for violation of labor laws, (2) whether the constraints experienced by the civil servant investigator in the field of employment against labor violations. The method used is descriptive and includes views of objective empirical research. Research sites in manpower and transmigration sulsel.htm province, police Sulselbar, Reported (Entrepreneur), Rapporteur (Workers). Data used include primary data and secondary data. Techniques of data collection through interviews, questionnaires and distribute both the research literature books, legislation, papers, results of previous studies, documents, and so on. Analysis of the data using qualitative analysis.Based on this study, the investigation result that implementation of labor law violations committed by employment investigators conducted under the provisions of the Criminal Procedure Code which governed most of the violators of labor laws that are subject to sanctions of administrative actions. Perpetrators of violations of labor laws are examined and sentenced by the court, the amount is very little. Constraints are related to the budget allocation is still inadequate, human resources are not sufficient, in terms of both quality and quantity, investigators are still attached to the work areas / activities. have good coordination between police and prosecutors. And the need for centralized with the central government investigators. The solution should be given priority in the budget to support the provision of law enforcement duties by labor investigators. In order to improve the quality, ability and integrity of the investigators, investigators need all called to follow the development of quality education and comprehensive standards. To increase the motivation of labor investigators, need to be given as well as the functional benefits to them. Coordination that is horizontal with the prosecutor agencies should be improved, in order to avoid return of the case file until a few times. Investigators should be centralized so that employment is not easy to be intervened by the leader/ head area.