JURNAL HUKUM SEHASEN

The Role of the Deli Serdang District Attorney's Office in Postgraduate Education Management Prosecution of Corruption

M. Emirsyah Hussein Harahap — 2025-09-13

The role of the Deli Serdang District Attorney's Office in prosecuting corruption crimes is very important in providing a deterrent effect for perpetrators of corruption. With firm and fair prosecution, the Deli Serdang District Attorney's Office can show that corruption is a serious crime that will not be tolerated. This is expected to create fear and a deterrent effect for other potential perpetrators of corruption, so that they think twice before committing corruption. The deterrent effect is very important to create an anti-corruption culture in society. In addition, it also plays a role in returning state losses due to corruption. Through the prosecution process, the Deli Serdang District Attorney's Office can demand that perpetrators pay compensation or return assets. This study uses empirical legal research through field research. The data collection method used in this study is the library research method and the field research method. Data collection was carried out through interviews conducted at the Deli Serdang District Attorney's Office. The Deli Serdang District Attorney's Office in carrying out prosecution coordinates with other institutions in handling corruption crimes such as Expert Witnesses, the Corruption Eradication Commission (SPDP to avoid overlapping) and the State Detention Center (Detention Center). In addition, it tries to prepare evidence and witnesses in the process of prosecuting corruption crimes by preparing various evidence in court, such as: Coordination with related parties, including the Village Head, Sub-district Head and with witnesses who are directly related to corruption cases in witness examinations at the Investigation stage, an Identity Card (KTP) and Mobile Phone Number are attached.

Perlindungan Hukum Terhadap Data Pribadi Pengguna Di Platform E-Commerce

Pardamean Harahap — 2025-10-06

The development of digital technology has encouraged the growth of the e-commerce sector in Indonesia, but on the other hand, it poses serious challenges related to the protection of consumers' personal data. This study analyzes the legal responsibility and effectiveness of government supervision of personal data leaks through a 2020 Tokopedia case study, which involved more than 91 million user accounts. The focus of this study is the Central Jakarta District Court Decision No. 235/Pdt.G/2020/PN.Jkt.Pst, where the lawsuit of the Indonesian Consumer Institute Foundation (YLKI) against Tokopedia and Kominfo was rejected only for reasons of absolute competence, without assessing the substance of the violation. This research aims to evaluate the weaknesses of the personal data protection legal system in Indonesia before the enactment of Law No. 27 of 2022 concerning Personal Data Protection, as well as assess the extent to which the Ministry of Communication and Information Technology (Kominfo) exercises its authority and responsibilities as a regulator. Using a normative juridical approach, this study examines relevant legal provisions, legal theories, and court decisions. Theoretically, this research refers to the theory of legal protection (Philipus M. Hadjon), and cybersecurity and data privacy (Daniel J. Solove). The results of the study show that legal protection for digital consumers is still formalistic and not yet substantive, and the lack of repressive actions from the state shows weak accountability in digital supervision. Therefore, a more responsive, accountable, and applicable legal approach is needed in ensuring the protection of personal data in the digital era.

Studi Komparatif: Urgensi Reformulasi Sanksi Pidana Deepfake Dalam Kuhp Dan UU ITE

Muhammad Ijzlal Ramadan — 2025-10-06

This research examines the urgency of reformulating criminal sanctions for digital crimes involving deepfake technology within the framework of Indonesian law, particularly the Law on Electronic Information and Transactions (UU ITE) and the Indonesian Penal Code (KUHP). The primary focus is to analyze the current legal framework in Indonesia and compare it with regulations in South Korea and the United States. This study employs a normative juridical method with a statutory, conceptual, and comparative approach. The findings reveal that Indonesia does not yet have specific provisions regulating deepfake, whereas several countries have enacted more adaptive legal instruments. Therefore, comprehensive legal reform is necessary to anticipate the negative impacts of artificial intelligence technologies on privacy rights, democratic integrity, and public order.

Legal Status Of Custody Of A Post-Divorced Minor In The Custody Of His Father

Pardamean Harahap — 2025-10-06

Putusan Nomor 164/Pdt.G/2022/PN Ptk merupakan sebuah perkara hak asuh anak yang menimbulkan kontroversi, di mana hak asuh anak yang berusia 4 tahun diberikan kepada ayah, meskipun dalam ketentuan hukum yang berlaku di Indonesia, hak asuh anak pada usia tersebut umumnya lebih diutamakan diberikan kepada ibu. Keputusan ini menjadi sorotan karena adanya tuduhan kekerasan terhadap ibu, yang dalam putusan tersebut tidak didukung oleh bukti sah yang kuat, seperti visum atau hasil evaluasi psikologis yang valid. Penelitian ini bertujuan untuk mengkaji pertimbangan hukum yang dilakukan oleh hakim dalam mengambil keputusan tersebut, serta menilai apakah keputusan tersebut sejalan dengan prinsip kepentingan terbaik bagi anak yang seharusnya menjadi dasar utama dalam penentuan hak asuh. Metode yang digunakan dalam penelitian ini adalah yuridis normatif dengan pendekatan studi kasus, yang mengutamakan analisis terhadap regulasi hukum yang ada dan fakta-fakta dalam kasus tersebut. Hasil penelitian menunjukkan bahwa dalam putusan tersebut, hakim tidak sepenuhnya mempertimbangkan bukti objektif yang ada, baik dalam bentuk fisik maupun psikologis. Keputusan yang diambil berpotensi mengabaikan hak ibu dan, yang lebih penting, kepentingan terbaik anak, yang seharusnya menjadi pertimbangan utama dalam menentukan siapa yang lebih pantas untuk mendapatkan hak asuh.

Evaluation Of The Decision Of The Palembang District Court Number 156/Pid.B/2024/PN.Plg From A Criminal Law Perspective In The Police Recruitment Process

Yusuf Eka Mahendra — 2025-10-06

This research is entitled Evaluation of Palembang District Court Decision Number 156/Pid.B/2024/Pn.Plg From a Criminal Law Perspective in the Police Recruitment Process. This case is interesting to examine because it reflects legal irregularities in the recruitment process for prospective Polri members which should be carried out in a clean, transparent, accountable, and humane manner. The defendant, who is not part of the police institution, promised the victim that he could pass his child to become a Polri member in exchange for a sum of money that was ultimately not returned. The problem of this research is what form of criminal liability is applied and how the judge's considerations in the decision. This research uses a normative juridical method with a case study approach through a literature study that includes primary legal materials in the form of the Criminal Code, Police Chief Regulations, and court decisions, as well as secondary legal materials from literature and opinions of legal experts. The analysis is carried out qualitatively by describing legal facts, criminal elements, and relevant theories of criminal liability such as strict liability, responsibility, and accountability. The research results indicate that criminal liability is based on the principle of culpability, applying the theories of responsibility and accountability, as the defendant possesses the legal capacity to take responsibility and is proven to have committed the offense intentionally. The defendant was found guilty of Articles 372 and 378 of the Criminal Code concerning embezzlement and fraud, and the panel of judges sentenced him to two years and six months in prison. However, the judge should have considered Article 65 of the Criminal Code, which regulates the combination of crimes with similar penalties, thus requiring a sentence of four years and three months, along with an obligation to pay compensation to the victim. Furthermore, non-penal measures are also important, including public education using social media to ensure public awareness that recruitment into the Indonesian National Police (Polri) is free, and to encourage the police institution to be more transparent and decisive in prosecuting individuals involved, including dismissal and criminal proceedings. Therefore, this research is expected to contribute to strengthening legal justice, increasing recruitment transparency, and raising public legal awareness.

Juridical Analysis Of Adultery Issues In Article 411 Of Law Number 1 Of 2023 On The Criminal Code

Yosi Hermalika — 2025-10-06

The title of this thesis is "Legal Analysis of the Problem of Adultery in Article 411 of Law No. 1 of 2023 concerning the Criminal Code"This study aims to explain the existence of human rights in Article 411 of Law Number 1 of 2023 concerning the Criminal Code concerning the crime of adultery from the perspective of human rights in Indonesia and human rights in Islam. The expansion of the meaning of adultery in Article 411 of the 2023 Criminal Code is considered to have adopted the concept of adultery from religious teachings, especially Islam, and raises human rights issues in the category of violations of a person's right to privacy. The regulation of adulterers who are not bound by marriage into the crime of adultery makes the state considered to have intervened far in the realm of the privacy of its citizens. This study uses a type of juridical-normative research and library research by conducting a study of laws and regulations, legal documents, books, and journals related to the title of this thesis. The results of the study show that the position of human rights in Indonesia is as a constitutional right. For this reason, every law and regulation must refer to the principle of humanity. Human rights can still be limited as long as the restrictions are regulated by law, including the formulation in Article 411 of the 2023 Criminal Code concerning Adultery which limits a person's personal relationships to maintain and protect the right to a sense of security, honor and good name of others. In addition, according to human rights in Islam, Article 411 of the 2023 Criminal Code has provided benefits and guaranteed the rights of the general public. With the existence of criminal penalties for perpetrators of adultery, both those who are married and those who are not married, it has provided the right to protection of honor and descendants as well as protection of children's rights in terms of inheritance.

Criminal Liability In The Practice Of Premanism With The Modus Operandi Of Mass Organizations In Extortion Crimes According To Article 368 Of The Criminal Code

Swara Titi — 2025-10-06

This study examines criminal liability in the practice of vigilantism that exploits community organizations (ormas) as a means or modus operandi for committing extortion as regulated under Article 368 of the Indonesian Criminal Code (KUHP). The research focuses on two main aspects: the form of criminal liability imposed on perpetrators who use the identity of ormas to commit extortion, and the factors that contribute to the prevalence of this phenomenon in society. The objective of this research is to comprehensively analyze the application of criminal liability to offenders from the perspective of national criminal law, as well as to reveal the underlying causes of vigilantism disguised under the cover of ormas. The research employs a normative juridical method with a statute approach, supported by literature review of legislation and legal scholarship. The findings indicate that extortion committed by individuals acting under the name of ormas fulfills the criminal elements stipulated in Article 368 of the KUHP, thereby placing primary criminal liability on individual perpetrators. However, if it can be proven that a legal entity benefits from and is involved in such extortion, then the ormas, as a corporation, may also be held criminally liable through the doctrine of corporate criminal liability. The persistence of this phenomenon is influenced by weak governmental oversight, low legal awareness among the public, and the misuse of organizational legitimacy. Addressing this issue requires a comprehensive strategy, including both repressive and preventive legal approaches, strict supervision of ormas activities, enhancement of public legal awareness, and revitalization of regulations concerning corporate criminal liability in cases of extortion.

The Issue Of Business Competition Among Padang Restaurants According To Law Number 5 Of 1999

Ghea Premarsha Sherinda — 2025-10-06

One of the food businesses that has high competitiveness is Padang restaurants. Padang restaurants are known as delicious restaurants that can adapt to the tastes of the entire community. In the 1950s to 1970s, Padang restaurants experienced rapid growth. Many Minangkabau entrepreneurs opened their businesses in various cities, thus creating business competition. Tight business competition encourages Padang restaurants to continue to improve quality and innovation. However, this competition also poses challenges such as monopolistic practices and unhealthy business competition. The problems in this thesis are the existence of unhealthy competition in the Padang restaurant business and legal settlement efforts that can be taken if a dispute occurs between Padang restaurants. This problem was triggered by a 38-second viral video showing the actions of a number of people removing the "Padang Cuisine" label in Sukadana Village which sells food at prices below market prices, which are only IDR 9,000 per portion. This study uses the Normative research method. The results of the analysis show that the practice of revoking the “Padang Cuisine” label is because the owner of the Padang restaurant in Sukadana Village sells food at a price below the market price, which is only IDR 9,000 per portion. Based on Article 20 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. It can be concluded that what the owner of the restaurant in Sukadana Village did was an act prohibited by Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. Because the restaurant sets a price that is very low or below the market price, it is detrimental to other Padang restaurant business owners.

Personal Data Protection In The Case Of Covid 19 Vaccine Certificate Data Leak In Wonosobo

Ahmad Reza Syahputra — 2025-10-06

The COVID-19 pandemic has accelerated the digitalization of health services in Indonesia, including the use of the PeduliLindungi application for vaccination certificates. However, the process of printing physical vaccine cards through unofficial third parties in Wonosobo Regency often leads to the leakage of personal data, such as Population Identification Numbers (NIK) and health information, which are misused for cybercrimes such as illegal online loans. This study aims to analyze the legal provisions of personal data protection based on Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) and its application in the case of COVID-19 vaccine certificate data leak in Wonosobo. The research method uses a normative-empirical approach, with a study of legal regulations and primary data from interviews with law enforcement officials at the Wonosobo Police Station. The results show that the PDP Law provides a comprehensive preventive and repressive framework, including criminal sanctions of up to 6 years in prison and fines of up to Rp6 billion, supported by Article 28G paragraph (1) of the 1945 Constitution. However, implementation in Wonosobo is weak due to the lack of digital literacy of the community, lack of evidence, and the priority of restorative justice over repressive enforcement, causing inconsistencies between constitutional guarantees and field practices

Catcalling As A Form Of Verbal Abuse: Psychological Impact On Women In Public Spaces From The Perspective Of Law And Human Rights

Putri Oktavia — 2025-10-06

This study examines verbal harassment (catcalling) as a form of sexual violence that violates moral norms and creates feelings of discomfort and threat for victims. Article 5 of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence regulates harassment, but does not explicitly include catcalling as verbal harassment. This study uses normative legal methods with a focus on analyzing legal rules and concepts. The results indicate that the implementation of Article 5 has not been optimal due to a gap between what should apply (das sollen) and the reality that occurs (das sein). The main obstacles include legal difficulties in proving the case, ineffective inter-agency coordination, and sociological factors such as stigma and victims' fear of reporting. To overcome these obstacles, clearer implementation guidelines, gender-sensitive training for law enforcement officers, victim- friendly reporting procedures, and increased public legal awareness are needed.

How Is The Implementation Of Mandatory Indonesian National Standards (SNI) For Children’s Toys Products According To Law No. 3 Of 2014 Concerning Industry

Novrisa Adellya — 2025-10-06

This study discusses the implementation of the mandatory Indonesian National Standard (SNI) for children’s toy products based on the provisions of Law Number 3 of 2014 concerning Industry. The aim of this research is to analyze how the obligation to apply SNI is implemented by business actors and supervised by the government in ensuring the safety of children's toys circulating in society. The research method used is a normative juridical approach utilizing secondary data derived from legislation, legal textbooks, and scientific journals. The results of the study indicate that the obligation to apply SNI to children's toy products is a form of legal protection for child consumers, but its implementation in the field still faces various obstacles ranging from lack of supervision to the low awareness of business actors.

Factors Hindering The Implementation Of Law No. 18 Of 2008 On Waste Management In Penukal Abab Lematang Ilir Regency

Mila Rosa — 2025-10-06

This study aims to analyze the implementation of waste management policies in PALI Regency, referring to Law No. 18 of 2008 and Regional Regulation of PALI Regency No. 4 of 2024. Although the regulations have been normatively established to promote the 3R principles (Reduce, Reuse, Recycle) and community involvement, the findings reveal a significant gap between policy and field implementation. This research employs a descriptive qualitative method with a case study approach, utilizing in-depth interviews, observations, and document analysis. The results indicate that policy implementation remains suboptimal due to weak communication, limited resources, lack of inter-agency coordination, and low public awareness. Moreover, community initiatives such as the PALI Waste Bank have not yet received adequate support from the local government. Social and cultural barriers, including the perception that waste management is solely the government's responsibility, further hinder progress. On the other hand, there are strategic opportunities in circular economy potential and grassroots initiatives, which could be strengthened through institutional support, incentives, and digitalization of the waste management system. This study recommends strengthening local institutions, establishing formal partnerships between communities and the government, enhancing environmental education, and promoting technological innovation as crucial steps toward a sustainable waste management system in PALI Regency.

Implementation Of Law Number 22 Of 2022 On Corrections In Protecting The Rights Of Female Prisoners

M. Iqbal Rozali — 2025-10-06

This study is entitled “Implementing Law Number 22 of 2022 on Corrections in the Protection of Women Prisoners' Rights” The focus of this study is the fulfillment of the rights of women prisoners who have biological, psychological, and social needs that differ from those of male prisoners, thus requiring special protection. Although Law No. 22 of 2022 and Government Regulation No. 32 of 1999 regulate the rights of inmates, practices in the field show many obstacles. The National Human Rights Commission report, for example, reveals that a number of women's correctional institutions in various regions do not provide psychological services, which is contrary to the provisions of the law. This study uses a normative legal approach with regulatory analysis, legal documents, and case studies to assess the implementation of Article 9 of Law No. 22/2022 in the rehabilitation of female prisoners. The results of the study show a discrepancy between progressive legal norms and practices in the field. Obstacles mainly arise from structural factors, resource constraints, and a lack of norms relevant to the specific needs of women. This study concludes that improvements in normative and structural aspects, supported by political support, resource distribution, and cross-party collaboration, are urgently needed to build a gender-sensitive correctional system that truly protects the rights of female prisoners.

How Is The Implementation Of Credit Restructuring Towards Consumers Of Leasing Finance Institutions

Dwi Marthedi Putra — 2025-10-06

Credit restructuring is an important instrument in the financing sector to anticipate non-performing loans that can harm both consumers and financing institutions. This study aims to analyze how credit restructuring is implemented for leasing consumers and the obstacles faced in its application. The research uses normative juridical methods combined with empirical approaches by reviewing relevant regulations and conducting interviews with related parties. The findings indicate that credit restructuring is implemented in several forms, including interest rate reduction, loan term extension, arrears reduction, and debt conversion. However, its implementation often faces obstacles such as limited communication, consumers' weak bargaining positions, and lack of understanding of their legal rights. This study emphasizes the importance of oversight from the Financial Services Authority (OJK) and the application of consumer protection principles so that restructuring truly benefits both parties.

Legal Protection Analysis Of Palembang Songket Motif According To Law No. 28 Of 2014 On Copyright

Depi Audia — 2025-10-06

Throughout its history, the traditional Palembang songket fabric was initially worn only by royal families and nobility. However, over time, its use has expanded to include various official events, making it a symbol of rich culture and local identity. This study aims to analyze the legal protection of Palembang songket motifs, based on the provisions set forth in Law No. 28 of 2014 on Copyright. The study also explores various factors that hinder the official registration of these motifs, despite their high cultural and economic value. The method used in this research is normative legal research, focusing on the study of laws and regulations and their implementation in practice. The findings reveal that out of 100 Pandai Sikek songket motifs, only 23 motifs have copyright certificates. Several factors hindering registration include the unknown creators of the motifs, lack of awareness regarding registration from the start, and widespread plagiarism that harms the original copyright holders. Legal protection of songket motifs is differentiated into two types: preventive protection, which includes socialization and the registration of works, and repressive protection, which involves legal enforcement against copyright violations. This research provides insights into the importance of legal protection in preserving local culture and encouraging creativity in the traditional textile industry.

Islamic Character Education For The Millennial Generation: The Role Of Social Media And Information Technology

Reyhana Reyhana — 2025-10-06

This research aims to analyze the role of social media and information technology in Islamic character education for the millennial generation. Millennials who grow up in the digital era face great challenges in maintaining moral and moral values in accordance with Islamic teachings. Along with the rapid development of technology, social media emerged as a means that can be utilized to spread da'wah messages and form Islamic character. This research uses a qualitative approach with a case study design, through social media content analysis and in-depth interviews with da'wah leaders and social media users. The results show that social media, especially platforms such as YouTube, Instagram, and TikTok, have a significant role in spreading Islamic values. The da'wah content published on these platforms contains moral messages that focus on Islamic morals, worship, and daily life in accordance with Islamic principles. However, this study also found major challenges related to the large amount of negative content spread on social media, which can damage the morals and morals of the millennial generation.

The Ethical Responsibility Of Lawyers In The Dissemination Of False Information And Its Implications For The Image Of The Legal Profession

Amir Machmud — 2025-10-06

The spread of fake news by advocates has become an important issue in the digital era that can damage the image of the legal profession. This study aims to identify the ethical and legal responsibilities that advocates must adhere to and analyze the impact of fake news dissemination on the profession's image. The method used is a normative legal approach, analyzing applicable codes of ethics and regulations. The analysis results show that non-compliance with ethical codes can lead to disciplinary sanctions and negative stigma against the legal profession. This study recommends the need for ongoing education, transparency, and responsible use of technology by advocates, as well as strengthening reporting mechanisms by professional associations. With a commitment to ethics, advocates can enhance public trust in the legal system.

Implementation Of Restorative Justice As An Alternative To Criminal Case Resolution: Analysis Of Court Decisions On Criminal Acts That Ended With The Implementation Of Restorative Justice At The South Jakarta District Attorney's Office

Amanda Eka Putri — 2025-10-06

Restorative justice is present as a new paradigm in the criminal justice system that offers a more humanist and participatory approach. This approach emphasizes empathy, moral responsibility, and the restoration of relationships between perpetrators, victims, and society, not just punishing perpetrators. These values are in line with the cultural principles of the Indonesian nation which prioritize deliberation and consensus in resolving social conflicts. This study aims to analyze the implementation of restorative justice in the South Jakarta District Attorney's Office using descriptive qualitative methods and case studies. The data collection technique is carried out through the analysis of the annual report of the South Jakarta District Attorney's Office and the analysis of case documents that have been anonymized. The main focus of this study is to identify the effectiveness of the implementation of RJ, supporting factors, and the accompanying obstacles and opportunities. The results of the study show that RJ is effective in resolving minor criminal cases, especially minor persecution (Article 352 of the Criminal Code) and fraud with losses of less than Rp10 million. In addition to accelerating the process of resolving the case, RJ also allows the achievement of a peace agreement that satisfies both parties. However, the implementation of RJ still faces a number of challenges, such as a lack of public understanding, victim resistance in cases of violence, and the lack of uniform operational standards and adequately trained human resources. These findings show the need to strengthen regulations governing the implementation of RJ, increase the capacity of mediators, as well as the preparation of systematic technical guidelines and comprehensive socialization to the public so that the implementation of restorative justice can run effectively, measurably, and fairly.

Legal Protection For Mutual Fund Investors At PT AJ Central Asia Raya (CAR Life Insurance) Palembang, South Sumatra, In The Event Of Losses

Ghea Premarsha Sherinda — 2025-10-06

This study aims to analyze the legal responsibility of mutual fund organizers at PT. AJ Central Asia Raya (CAR Life Insurance) in Palembang City for losses experienced by investors. A mutual fund is a vehicle for collecting funds from investors to be managed in an investment portfolio by an investment manager. In practice, investor losses often raise legal questions regarding the organizer’s responsibilities. This study employs a normative juridical method using statutory and case study approaches. The findings indicate that mutual fund organizers are obligated to protect investors' interests in accordance with Law Number 8 of 1995 concerning Capital Markets and the regulations of the Financial Services Authority (OJK). If losses occur due to negligence or mismanagement, organizers may be held legally accountable and subject to administrative, civil, or criminal sanctions. The case at PT. AJ Central Asia Raya highlights the importance of increased supervision and accountability in mutual fund management. The study recommends stronger regulatory enforcement and oversight by OJK, along with greater transparency and investor education. These measures are essential to ensure effective legal protection for investors and to maintain public confidence in the mutual fund industry.

The Application Of Legal Sanctions Against Content Creators Using Song Works Without Permission On Social Media Based On Law No. 28 Of 2014 On Copyright

Eka Mardiana — 2025-10-06

Technological advances and the widespread use of social media have led to increased activity among content creators in creating and disseminating works, including the use of songs as elements in digital content. However, the use of copyrighted songs without permission raises legal issues related to copyright infringement. The issues raised in this study include: What is the form of application of legal sanctions against users of content creators without permission from song copyright owners on social media based on Law Number 28 of 2014 concerning Copyright, and what is the legal protection for users of content creators without permission from song copyright owners on social media according to statutory regulations. The method used is normative juridical with a statutory regulatory approach and literature study. Legal protection in this case is divided into two forms, namely preventive protection and repressive protection. Based on the results of the study, Article 9 paragraph (3) of the Law states that everyone is prohibited from reproducing or utilizing copyrighted works for commercial purposes without permission from the creator or copyright holder. Furthermore, Article 113 paragraph (1) stipulates that copyright infringement can be subject to criminal sanctions or fines. This law also provides a mechanism for resolving disputes through legal channels, both litigation and non-litigation. Therefore, it is crucial for content creators to understand and respect copyright by obtaining official permission or a license before using music or songs in their work.

Prosecutorial Independence Following The Decision Of The Constitutional Court Of The Republic Of Indonesia Number 6/PUU-XXII/2024

Icha Cahyaning Fitri — 2025-10-06

The position of the Attorney General's Office in the constitutional system is ambivalent because it is located on two sides of the branches of power that should be separate, namely the first branch of executive power related to the structure and flow of command that leads to the President as Head of Government, and the second branch of judicial power in the context of prosecution duties in the criminal justice system. The issue of independence will be a central issue in the positioning of the Attorney General's Office in its assignment, where structurally the Attorney General leads to the President with his prerogatives, but functionally is required to be independent and independent of any political pressure. This research is a normative research with a statutory approach, conceptual approach and comparative approach. The decision of the Indonesian Constitutional Court Number 6/PUU-XII/2024 has created a new concept of the independence of the Prosecutor's Office in the Indonesian constitutional system. The purpose of this research is to seek and find the best institutional concept for the Prosecutor's Office of the Republic of Indonesia in carrying out judicial and executive functions and duties at the same time in a balanced and transparent manner. It is expected that the institutional concept can maximize the role of the AGO in law enforcement and provide positioning of the AGO institution in the criminal justice system in Indonesia. The decision of the Constitutional Court of the Republic of Indonesia Number 6/PUU-XII/2024 has provided different constitutional interpretations and can have an impact on the institutional aspects of the Prosecutor's Office so that it can affect the law enforcement mechanism in Indonesia. This research will provide the best recommendations for the concept and vision of the Prosecutor's Office in the future.

Damri Damri — 2025-10-06

vulnerable to copyright infringement, such as unauthorized reproduction and distribution. The problems that arise include: How is legal protection for e-book copyrights regulated under Indonesian positive law, and what are the legal sanctions for the misuse of e-book copyrights? This research uses a normative juridical approach and examines applicable legal provisions, particularly Law No. 28 of 2014 on Copyright and Article 25 of the Electronic Information and Transactions (ITE) Law. The results show that e-books are protected as literary works, and authors possess moral rights as regulated in Article 5 of the Copyright Law, as well as economic rights as stipulated in Articles 8 to 11. Legal protection is divided into two forms: preventive and repressive, with criminal sanctions regulated in Article 113 of Law No. 28 of 2014, civil sanctions in Article 95 paragraphs (1) and (2), and administrative sanctions for violators as regulated by the Regulation of the Minister of Communication and Informatics of the Republic of Indonesia No. 5 of 2020. Strict law enforcement and public awareness of the importance of respecting copyright are key to creating a fair and sustainable digital ecosystem.

The Legal Certainty in Gambling Criminal Acts in the Palembang District Court Decision Number: 86/PID.B/2024/PN PLG

Effendi Effendi — 2025-10-06

The crime of gambling can not only be carried out in general (conventional) but with the rapid development of technology and information, gambling can also be done online. Gambling that is carried out in general (conventional) already has an article that regulates it, namely Article 303 of the Criminal Code, which is less effective if applied to online gambling. Therefore, in the crime of online gambling, there is already a specific article that regulates it, namely Article 27 paragraph (2) of the ITE Law. If there is a crime of online gambling but is charged with Article 303 of the Criminal Code, there needs to be relevant legal certainty. Where online gambling already has a regulation that regulates it specifically, namely Article 27 paragraph (2) of the ITE Law. As in criminal law, namely the principle of lex specialis derogate legi generalis, where if there is a rule that is specific, it will override the rule that is general.

Critical Analysis Of The Implementation Of Restorative Justice In The Criminal Justice System In Indonesia

M. Erry Sugiharto — 2025-10-06

This article comprehensively analyzes the implementation of restorative justice in the Indonesian criminal justice system, covering policy aspects, implementation at various levels of law enforcement (police, prosecutors, courts), as well as challenges and prospects for its development. This research uses a normative juridical approach with case studies and prescriptive analysis, examining various laws and regulations, court decisions, and related scientific literature. Key findings indicate that although the legal framework for restorative justice has developed significantly in Indonesia, its implementation still faces inconsistencies between institutions, resistance to the retributive paradigm, resource constraints, and a lack of public understanding. Case studies demonstrate partial success, particularly in cases of minor crimes and juvenile offenses, but challenges remain prominent in more complex cases such as Domestic Violence (DV). Therefore, regulatory harmonization, capacity building of law enforcement officers, and extensive public outreach are needed to optimize the potential of restorative justice in realizing substantive justice and social recovery.

Juridical Analysis Of Legal Protection For Eldery Victims Of Domestic Violence

Kaysya Bintang Natalia Irawan — 2025-10-06

This study aims to analyze and examine legal protection for the eldery as victims of domestic violence. The issue focused on in this study is the gap that occurs in legal protection for the eldery as victims of domestic violence, who do not yet have specific regulations. The method used is normative legal research, using a statutory and conceptual approach. The results of the study indicate that there are problems in legal protection for the eldery as victims of domestic violence. Therefore, in the future, it is considered necessary to update the legal framework to provide specific protection, given that the eldery are a vulnerable group to violence, along with children and women.

The Existence Of Marriage According To Serawai Customary Law In Talang Beringin Village In The Perspective Of Islamic Law

Selvi Nopita Sari — 2025-10-06

Marriage is considered valid if conducted according to the marriage laws of each religion and belief, and recorded by the authorized institution in accordance with applicable laws. Customary marriages in Talang Beringin community are governed by customary law based on social stratification. The classification of society influences the marriage system in Talang Beringin, both in terms of the form and the values of customary marriage for inter-class unions, in accordance with the established customary law in Talang Beringin village. This research employs a juridical-empirical approach. Therefore, the researcher concludes as follows: from the research conducted, the researcher concludes that the existence of marriage according to Serawai customary law in Talang Beringin village from the perspective of Islamic law has only undergone changes in the stages after engagement. Previously, there were terms such as "ngantar sirih pinang," "ngulangi lautan," "tandang kutuan," and "nuwokah rasan," along with various customary practices like "cara ulu," "cara melayu," and "cara malim." The factors causing changes in Serawai customary marriage are due to the current development of times. The era has shifted towards a more modern approach, making traditional practices seem outdated, and the younger generation is increasingly uninterested in customary marriage celebrations as they were in the past. Keywords: Marriage, Customary, Serawai