JJIH is a journal that aims to publish manuscripts of high-quality research as well as conceptual analysis that studies specific fields of law, such as Criminal Law, Civil Law, Constitutional Law, Islamic Law and Legal Philosophy It has 1 volume with two issues per year (March and September). JJIH accepted a submission from all over the world. All submitted articles shall be written in English (since 2023), have never been published elsewhere, are original, and are not under consideration for other publications.
Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang
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ELECTORAL LAW IN THE NATIONAL CRIMINAL CODE AND THE PRINCIPLES OF CONSTITUTIONAL DEMOCRACY: AN ANALYSIS OF THE LIMITS OF STATE INTERVENTION IN INDONESIA
The development of electoral law in Indonesia has undergone a fundamental transformation following the enactment of Law Number 1 of 2023 on the National Criminal Code (KUHP Nasional), particularly through the codification of electoral offenses into the general criminal law system. This shift signifies an expansion of state intervention into the sphere of electoral democracy, which is inherently connected to citizens’ political rights and the principle of popular sovereignty. This study aims to analyze the rationality of the criminalization of electoral law under the National Criminal Code and to assess the normative limits of state intervention from the perspective of constitutional democracy. The research employs a normative legal method using statutory, conceptual, and constitutional approaches, combined with an analysis of criminalization doctrine, the principle of ultimum remedium, and theories of constitutional democracy. The findings indicate that the criminalization of electoral offenses in the National Criminal Code is not fully grounded in a strict criminalization rationale and carries a significant risk of overcriminalization. Furthermore, the shift of electoral law from a lex specialis regime toward a rigid general criminal law framework has reduced the flexibility of electoral law enforcement and may generate restrictive effects on citizens’ political freedoms. This study argues that state intervention through criminal law in the electoral domain must be proportionally limited and positioned as an ultimum remedium in order to safeguard electoral integrity without undermining the core principles of constitutional democracy.
electoral law, National Criminal Code, criminalization, constitutional democracy, state intervention
Copyright (c) 2025 Muhammad Asmawi https://creativecommons.org/licenses/by/4.0
THE ROLE OF THE FINANCIAL SERVICES AUTHORITY IN PROTECTING CRYPTO ASSET INVESTORS IN INDONESIA: BETWEEN REGULATION AND SUPERVISION
The number of investors has reached tens of millions, with transaction values amounting to hundreds of trillions of rupiah annually. This phenomenon presents significant digital economic potential while simultaneously posing high risks to investors due to price volatility, weak legal protection, and the widespread occurrence of fraud and hacking practices. With the enactment of Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law), the authority for supervising crypto assets was transferred from Bappebti to the Financial Services Authority (OJK). This study aims to analyze the role of OJK in providing legal protection for crypto asset investors through regulatory and supervisory approaches. The research employs a normative legal research method by examining statutory regulations, academic literature, and relevant OJK policies. The findings indicate that this transfer of authority constitutes a strategic step toward strengthening crypto asset governance; however, it still faces challenges in the form of legal gaps, overlapping institutional authorities, and limited technical supervisory capacity due to the decentralized nature of crypto assets. OJK is therefore required to accelerate the formulation of technical regulations, strengthen coordination with related institutions, develop blockchain analytics–based supervisory technologies, and enhance public digital financial literacy. In conclusion, the effectiveness of OJK’s role in protecting crypto asset investors largely depends on its ability to adapt to digital innovation and to establish a responsive, collaborative, and evidence-based regulatory system.
Financial Services Authority, Crypto Assets, Investor Protection, P2SK Law, Digital Financial Supervision.
Copyright (c) 2026 Sri Rokhmawati, Upik Mutiara, Rizki Zulva Pratama, Indra Effendi, Septian Ibrohim https://creativecommons.org/licenses/by/4.0
AGE DISCRIMINATION AGAINST JOB APPLICANTS IN INDONESIA FROM A HUMAN RIGHTS PERSPECTIVE
The majority of job vacancies available in Indonesia include age requirements with very young maximum limits, generally around thirty years old or even as low as twenty-five. This condition results in job seekers over the age of thirty having very limited options in the labor market. In reality, at that age, individuals often have a strong need for employment. This study employs a normative legal research method. The findings indicate that age restriction requirements applied to all types of jobs give rise to various problems. In Indonesia, companies frequently impose unreasonable employment requirements, and to date, there is no clear regulation specifically addressing age discrimination or ageism against workers. The competent authorities should therefore establish written regulations to protect the rights of job seekers, grounded in human rights principles, rather than leaving such matters solely to company discretion.
Copyright (c) 2026 Aryasuta Faharsyah Setiawan https://creativecommons.org/licenses/by/4.0
LEGAL REVIEW OF THE DEVELOPMENT OF E-COMMERCE AS AN ELECTRONIC TRADING MEDIA IN INDONESIA
E-Commerce is a new concept that is commonly described as the process of buying and selling goods or services on the Word Wide Web Internet or the process of buying and selling or exchanging products, services and information through information networks including the internet. E-commerce is a business activity that is carried out electronically through an internet network or the activity of buying and selling goods or services through digital communication channels. E- Commerce is doing business online. The existence of E-Commerce is a promising business alternative to be implemented at this time, because E-Commerce provides a lot of convenience for both parties, both from the seller (merchant) and from the buyer (buyer) in conducting trade transactions, even though the parties are on two different continents though. In this research, the method used is the normative legal method with the specifications of the research results used, namely deduction. The purpose of this research is to understand the development of commerce as a trading medium in Indonesia. For e-commerce entrepreneurs, it is necessary to build trust that starts from the reliability of the service system. For consumers, it is necessary not to worry anymore about shopping on the internet. Before buying, you also need to read carefully the existing policies and need to pay attention to whether there is a security system
E-commerce, buying and selling, and online business
Copyright (c) 2026 Nurul Hajjan, Lusia Sulastri https://creativecommons.org/licenses/by/4.0
THE MECHANISM FOR UTILIZING TOBACCO PRODUCT EXCISE REVENUE SHARING FUNDS (DBH-CHT) IN BOJONEGORO REGENCY IS REVIEWED BASED ON THE THEORY OF DIGNITY JUSTICE
The Tobacco Product Excise Revenue Sharing Fund (DBH-CHT) is a fiscal instrument allocated by the central government to tobacco-producing regions and/or the tobacco product industry as a form of fiscal equity and support for community welfare. Bojonegoro Regency as one of the tobacco-producing areas obtained a significant allocation of DBH-CHT and used it for the fields of community welfare, health, and law enforcement. However, in practice, the mechanism for utilizing DBH-CHT still faces challenges related to target accuracy, inter-agency coordination, and program effectiveness. This study aims to analyze the mechanism of utilization of DBH-CHT in Bojonegoro Regency and assess it based on the Theory of Dignity Justice. The research method used is normative-empirical legal research with a legislative and conceptual approach. Data was obtained through literature studies on laws and regulations and interviews with relevant agencies within the Bojonegoro Regency Government and the Customs and Excise Office. The results of the study show that the management of DBH-CHT in Bojonegoro Regency in general has been carried out in accordance with the provisions of laws and regulations, especially the Minister of Finance Regulation Number 72 of 2024 and Regent Regulation Number 24 of 2011. The use of DBH-CHT is directed at programs that have a direct impact on tobacco farmers, farm workers, cigarette factory workers, and vulnerable communities through social assistance, skill development, health insurance, and law enforcement in the excise sector. Judging from the Theory of Dignity Justice, the mechanism for utilizing DBH-CHT in Bojonegoro Regency not only fulfills procedural justice, but also reflects substantive justice by placing human welfare and dignity as the main goal of public policy.
Excise Revenue Sharing Fund; DBH-CHT; Dignity Justice; Community Welfare; Bojonegoro Regency.
Copyright (c) 2026 Putri Freda Cayadewi, Gunawan Hadi Purwanto, Asri Elies Alamanda https://creativecommons.org/licenses/by/4.0
PROBLEMS WITH FREE NUTRITIOUS EATING PROGRAM MENUS WITH NUTRITIONAL STANDARDS IN THE PERSPECTIVE OF LAW NUMBER 17 OF 2023 CONCERNING HEALTH
The Free Nutritious Meal Program (MBG) is a strategic policy of the government in order to improve the quality of human resources and reduce malnutrition and stunting rates, especially among students. However, in its implementation, this program faces various problems, especially related to the fulfillment of nutrition standards and food safety. This study aims to analyze the problems of the Free Nutritious Eating Program menu from the perspective of Law Number 17 of 2023 concerning Health, with a case study of food poisoning that occurred at SMA Negeri 1 Kedungadem, Bojonegoro Regency. This research uses normative-empirical legal methods with legislative, conceptual, and case approaches. Data was obtained through interviews with the Bojonegoro Regency Health Office and the school, the distribution of questionnaires to students, and literature studies on relevant laws and regulations and legal literature. The results of the study show that the implementation of the MBG Program at SMA Negeri 1 Kedungadem has not fully met nutrition and food safety standards as stipulated in Law Number 17 of 2023 concerning Health. Cases of poisoning caused by Escherichia coli bacteria indicate weak supervision of the Nutrition Fulfillment Service Unit (SPPG), especially related to Laik Higiene dan Sanitasi certification and the application of the Hazard Analysis and Critical Control Point (HACCP) principle. This study concludes that although local governments have carried out their obligations in medical guidance, supervision, and handling, strengthening regulations and supervision by the National Nutrition Agency is still needed to ensure food safety and quality of the MBG Program in a sustainable manner.
Free Nutritious Eating Program; Nutritional Standards; Food Safety; Recommended Dietary Allowance.
Copyright (c) 2026 Zahrotun Nisha Mayliana, Hanin Alya'Labibah, Muhammad Yasir https://creativecommons.org/licenses/by/4.0
LEGAL PROTECTION FOR MEDICAL PERSONNEL IN PROVIDING ASSISTANCE TO DEMONSTRATION VICTIMS BASED ON LAW NUMBER 12 OF 2005
Demonstrations as a manifestation of the right to freedom of expression and peaceful assembly often develop into conflict-prone and injury-prone situations, requiring the presence of medical personnel to provide emergency assistance. In these conditions, medical personnel carry out a neutral and professional humanitarian function, but in practice they often face the risk of violence, intimidation, obstruction of duty, and criminalization. This study aims to analyze the legal protection for medical personnel in providing assistance to victims of demonstrations based on Law Number 12 of 2005 concerning the Ratification of the International Covenant on Civil and Political Rights (ICCPR), as well as to examine its implementation in the national legal system. The research method used is normative legal research with a legislative approach and a conceptual approach, through a literature study on laws and regulations, legal doctrines, and literature related to human rights and the protection of medical personnel. The results of the study show that normatively the legal protection of medical personnel has been regulated in Law Number 17 of 2023 concerning Health and strengthened by the principles of the ICCPR, especially related to the right to life, personal security, and protection from inhuman treatment. However, the implementation of these protections in the context of demonstrations has not been optimal due to general regulations, harmonization between international human rights norms and national security policies, and low understanding of the principles of neutrality of medical personnel. Therefore, it is necessary to strengthen operational regulations, harmonize policies, and raise human rights awareness to ensure effective legal protection for medical personnel in demonstration situations.
Legal Protection; medical personnel; Demonstrations; Human Rights; ICCPR.
Copyright (c) 2026 Vivi Vibri Yannika Setiana Putri, Gunawan Hadi Purwanto, Asri Elies Alamanda https://creativecommons.org/licenses/by/4.0
THE ROLE OF THE WEST JAVA PROVINCE DPRD IN SUPERVISION
The context of West Java Province is interesting to study in depthbecause its complex characteristics in terms of population,budget allocation, and diversity of sectoral issues require a stronger and more adaptive oversight mechanismthan other regions. To achievethese objectives, this study will use a comparative qualitative research designand document analysis, in-depth interviews, and case studies. Overall, the DPRD oversight mechanism in Indonesia has a fairlycomplete set of normative instruments, but its effectiveness is still influenced by internal factorssuch as the political and regulatory capacity of council members, as well as external factorssuch as executive transparency and public participation. Therefore, increasing legislative professionalism and inter-institutional synergy is animportant agenda for strengthening local government accountability. Finally, public participation and local media play a reinforcing role in thelegislative oversight mechanism. Support from civil society, non-governmental organizations(NGOs), and regional media can increase public pressurefor the DPRD to carry out its control function more firmly and openly. A responsive public complaint mechanismcan also be an effective channel foridentifying policy irregularities at the local level. However, several reinforcing factors such as budget transparency, the role of external (BPK) andinternal audits, as well as public and media participation can encourage improvements in thequality of oversight. In the context of West Java, which is highly complexand covers a large area, DPRD oversight has a positive influence onthe accountability of regional heads, although there is still a gap between regulatory normsand implementation practices in the field. Translated with DeepL.com (free version)
Copyright (c) 2026 Dea Eka Rizaldi, Ade Maman Suherman, Tri Setiady, Wiwin Triyunarti https://creativecommons.org/licenses/by/4.0
A COMPARATIVE STUDY OF COPYRIGHT DISPUTE RESOLUTION THROUGH ARBITRATION BETWEEN INDONESIA AND THE UNITED KINGDOM
Settling copyright disputes through arbitration is an out-of-court alternative that is considered more efficient, faster, and maintains the confidentiality of the parties' business. Indonesia, through Law No. 28 of 2014 concerning Copyright and Law No. 30 of 1999 concerning Arbitration, has opened up space for non-litigation copyright dispute resolution. Meanwhile, the United Kingdom with its common law system has developed a more mature arbitration mechanism through the Arbitration Act 1996 and the Copyright, Designs and Patents Act 1988. This article aims to comparatively analyze the arbitration system in resolving copyright disputes in Indonesia and the United Kingdom. The research method used is normative legal research with a statutory, conceptual, and comparative approach. The results of the study indicate that although both countries recognize arbitration as a dispute resolution forum, the United Kingdom has a more advanced legal infrastructure, international arbitration institutions, and practices than Indonesia. This study recommends strengthening copyright arbitration in Indonesia by adopting best practices from the UK, particularly regarding the specialization of IP arbitrators and the effectiveness of the enforcement of arbitral awards.
Copyright, Arbitration, Dispute Resolution, Indonesia, UK
Copyright (c) 2026 Ali Abdulah, Ade Maman Suherman, Tri Setiady, Wiwin Triyunarti https://creativecommons.org/licenses/by/4.0
LEGAL PROTECTION FOR INFRINGEMENT OF UNAUTHORIZED USE OF THE REGISTERED TRADEMARK SARAH GAJAH DUDUK
PT. Gajah Duduk is one of the largest sarong manufacturing companies in Indonesia. In carrying out its business activities, PT. Gajah Duduk uses a distinctive symbol—commonly referred to as a trademark—on its products to make them recognizable to the public. This trademark has been officially registered with the Ministry of Law and Human Rights. However, over time, PT. Prisma Abadi Jaya was found to have produced sarongs bearing a mark that closely resembled the registered Gajah Duduk trademark. Moreover, the goods in question fall under the same class of goods for which PT. Gajah Duduk holds its trademark rights. This action clearly violates statutory provisions and causes harm to the legitimate trademark holder. In response, PT. Gajah Duduk filed a lawsuit to cancel the trademark allegedly used without authorization by the other party. Given this context, it is essential to further examine the legal protection of registered trademarks in Indonesia, how unauthorized use of trademarks applies in the case of the Gajah Duduk sarong, and how PT. Gajah Duduk’s trademark rights are protected against PT. Prisma Abadi Jaya. In addition, a comparative analysis with trademark protection systems in other countries will also be discussed. This research employs a normative-juridical method, which involves analysis based on legal theories, expert opinions, legal literature, and applicable regulations. The findings of this study indicate that legal protection for trademarks in Indonesia has been established through enacted legislation and other relevant regulatory frameworks.
Trademark, Sarong Gajah Duduk, Legal Protection
Copyright (c) 2026 Aditya Yunianto, Ade Maman Suherman, Tri Setiady, Wiwin Triyunarti https://creativecommons.org/licenses/by/4.0
NOMINEE AGREEMENTS IN THE PERSPECTIVE OF ECONOMIC CRIMINAL LAW: RISK IDENTIFICATION, PROOF, AND ENFORCEMENT
Nominee agreements (agreements on behalf of others) are often used as a tool to get around the prohibition of land ownership by Foreign Nationals (WNA) on Certificates of Title (SHM) in Indonesia. This article examines the position and characteristics of nominee agreements in the Indonesian legal system and assesses their potential as a means of economic crimes, especially related to corporate crimes, asset embezzlement, money laundering, and violations of agrarian provisions. With a qualitative data-based juridical-normative approach, this study identifies the legal risks that arise, the possibility of criminal liability for the parties involved (actual owners, nominees, intermediaries, and corporations), as well as obstacles and evidentiary strategies in criminal cases involving the covert agreement. The results of the study show that although the nominee agreement is originally a civil agreement, there is sufficient room for the application of economic delinquency when the agreement is used as a means of concealing ownership, facilitating the transfer of profits, or obscuring aspects of ownership in order to avoid legal prohibitions. Enforcement recommendations include strengthening evidentiary standards, inter-institutional coordination (prosecutor's office, police, BPN, PPAT), the use of financial forensic tools, and regulatory updates to clarify the criminal consequences of nominee practices that are detrimental to the public interest
Perjanjian Nominee, tindak pidana ekonomi, pembuktian pidana
Copyright (c) 2026 Wahyu Danang Setiadi, Lusia Sulastri https://creativecommons.org/licenses/by/4.0
THE IMPLEMENTATION OF GOOD GOVERMENT GOVERNANCE IN THE IMPLEMENTATION OF FRANCHISE BUSINESSES IN INDONESIA
This research aims to analyze and examine the application of Good Government Governance (GGG) principles in the implementation of franchise businesses in Indonesia. The implementation of GGG is crucial to create a healthy, transparent, and accountable business climate, especially in the franchise sector that involves many parties, both from the government as a regulator and business actors. The research method used is literature study and qualitative analysis of laws and regulations related to franchising, as well as applicable government policies. The results of the study show that franchise regulations in Indonesia have adopted several GGG principles, such as transparency through registration and information submission obligations, as well as accountability in the form of supervision and law enforcement. However, its implementation still faces several obstacles, including weak inter-institutional coordination, lack of socialization to business actors, and overlapping regulations. Synergy between the central and regional governments, as well as the active role of franchise associations is needed to increase the effectiveness of supervision and law enforcement. The conclusion of this study is that the implementation of GGG in the franchise business in Indonesia is still not optimal and requires systematic improvement. The recommendations included simplifying regulations, increasing supervisory capacity, and strengthening partnerships between the government and the private sector. Thus, it is hoped that a conducive franchise ecosystem can be created, protect the rights of all parties, and encourage sustainable economic growth
Good Government Governance, franchise, regulation, transparency.
Copyright (c) 2025 Adi Silalahi, Dheya Rahmawati https://creativecommons.org/licenses/by/4.0
CASE ANALYSIS OF CONSTITUTIONAL COURT DECISION NO. 46/PUU-VIII/2010 FROM A JURIDICAL PERSPECTIVE (LOGICAL, CRITICAL, AND RADICAL)
Legal reasoning is an intellectual process of discovering, interpreting, and applying the law appropriately in resolving legal issues. This study aims to analyze the objectives of legal reasoning through three forms of juridical thinking, namely logical, critical, and radical, by examining its application in Constitutional Court Decision Number 46/PUU-VIII/2010. The type of research used is normative legal research with a statute approach and case approach. The results show that the Constitutional Court used logical legal thinking to ensure consistency between Article 43 paragraph (1) of the Marriage Law and the 1945 Constitution, thereby guaranteeing legal certainty. Critical legal thinking was applied by prioritizing the principle of the best interests of the child to avoid discrimination against children born out of wedlock. Meanwhile, radical legal thinking is manifested through changes in the interpretation of norms that fundamentally change the paradigm of family law in Indonesia, so that children born out of wedlock have a civil relationship with their biological fathers as long as it can be legally proven. The integration of these three forms of legal thinking proves that legal reasoning not only upholds written norms but also adapts the law to the values of justice, benefit, and the development of modern society
Legal Reasoning, Juridical Thinking, Family Law, Children Born Out of Wedlock.
Copyright (c) 2025 Aria Roby Putra, Riana Susmayanti https://creativecommons.org/licenses/by/4.0
CRIMINAL LAW LIABILITY FOR PERPETRATORS OF EMBEZZLEMENT IN OFFICE FOR THE AGGRIEVED PARTY
The crime of embezzlement in office is closely related to morality and trust in the honesty of individuals. These crimes, which are regulated in the Criminal Code (KUHP), are often difficult to identify because the perpetrators are in one institution, organization, or company. This study uses a juridical-normative approach to analyze legal norms related to embezzlement in office as a form of justice for the aggrieved party. Through a legislative, conceptual, and case study approach, this study explores relevant regulations, legal concepts, and court decisions, such as Decision Number 375/Pid.B/2024/PN Jkt.Brt and Decision Number 396/Pid.B/2024/PN Jkt.Brt. The sources of legal materials used include primary, secondary, and tertiary materials obtained through literature studies. Qualitative descriptive analysis techniques are applied to systematically manage data, while content analysis methods help to understand the meaning and relevance of the law in the context of this research. The results of the study show that the factors that influence the behavior of embezzlement in positions by employees include financial, psychological, and work environment factors. The study also found that embezzlement could be prevented by raising awareness of employee ethics and integrity and strengthening management oversight. Criminal law liability for company losses must be upheld to provide justice and sanctions for the perpetrators, in accordance with Article 374 of the Criminal Code
Accountability, Criminal Law, Perpetrators, Embezzlement in Office.
Copyright (c) 2025 katarina sani, Didik Suhariyanto, Puguh Aji Hari Setiawan https://creativecommons.org/licenses/by/4.0
AUTO AGREEMENT AND CONSENT VALIDITY IN E-TRANSACTIONS UNDER INDONESIAN LAW
The digital transformation has introduced new forms of legal agreements, most notably through automatic consent mechanisms commonly seen in the form of “click to agree” on terms and conditions in digital services. Despite their prevalence, the extent to which these auto agreements comply with the principles of contract law remains underexplored. This study examines the validity of auto agreements within Indonesia’s digital contract framework, with particular focus on the requirements of contract formation under the Civil Code and the relevant provisions of the ITE Law, Government Regulation No. 71 of 2019, and the PDP Law. Using a normative juridical approach, the research finds that while auto agreements are typically standardized and non-negotiable, they can be legally enforceable if they meet the “mutual consent” requirement in Article 1320 of the Civil Code and adhere to statutory obligations on transparency and fairness. The PP PSTE and the amended ITE Law provide specific regulatory standards for standard clauses in digital contracts, while the PDP Law imposes strict conditions for explicit and informed consent in data processing clauses. The findings suggest that improving digital contract literacy, encouraging user engagement with key terms, and ensuring accessible dispute resolution mechanisms are essential to protect user rights. Within Indonesia’s legal system, auto agreements maintain their enforceability when aligned with the principles of equity, transparency, and informed consent.
Copyright (c) 2025 Dheya Rahmawati, Adi Kristian Silalahi https://creativecommons.org/licenses/by/4.0
LAW ENFORCEMENT OF THE CRIME OF PERSECUTION TOGETHER COMMITTING VIOLENCE IN THE ACT OF VIGILANTE (EIGENRICHTING)
The phenomenon of abuse, both physical and psychological, has become a common problem that can occur in various environments, including households, public places, and others. In Indonesia, the regulation regarding the act of vigilante (eigenrichting) in the Criminal Code has not been specifically regulated. However, this does not mean that the Criminal Code cannot be applied in such cases. Victims of abuse can report such acts to the authorities based on the provisions of Articles 351, 358, 170, and 406 of the Criminal Code. This study uses normative legal methods to collect data related to this problem, by utilizing secondary data that includes primary, secondary, and tertiary legal materials, as well as primary data as support. Data analysis was carried out with a qualitative juridical approach. The results of the study show that in practice, vigilante cases accompanied by persecution often do not provide a deterrent effect for the defendant. This causes victims to continue to experience injustice, considering that these actions can have fatal consequences, including permanent disability or even death. As such, it is important to pay attention to stricter enforcement of the law against vigilante acts and persecution so that justice can be served and victims receive the protection they deserve.
Copyright (c) 2025 Raden Rendi Sudendi, Didik Suhariyanto, Dewi Iryani https://creativecommons.org/licenses/by/4.0
ANALYSIS OF LEGAL PROTECTION FOR MINORS AS VICTIMS OF ABUSE:IMPLEMENTATION OF THE FULFILLMENT OF CHILDREN'S RIGHTS.
Children are the young generation who are the successors of the nation and are the most important asset for the future. Therefore, they must be cared for, educated, cared for, and protected as best they can. However, the implementation of children's rights, especially for those who are victims of criminal acts, is often not optimally fulfilled in Indonesia. Although there are various laws that regulate the protection of children's rights, such as the Child Protection Law and the Witness and Victim Protection Law, their implementation still faces many challenges. The method used in this study is normative legal research which is carried out as an effort to obtain the necessary data in relation to the problem. The data used with secondary data consists of primary legal materials, secondary legal materials and tertiary legal materials. In addition, primary data is also used as a support for secondary data. For data analysts, it is carried out by qualitative juridical analysis method. The results of the study show that the fulfillment of children's rights as victims is often hampered by a lack of collaboration between the public prosecutor and related parties, which is more focused on prosecuting the perpetrators. In addition, to provide effective legal protection for children, socialization is needed and a special task force is created to educate the public more widely about rights and legal protection for children. Another step is the need to disseminate the identity of the perpetrator to use the internet so that the public knows and can anticipate avoiding the perpetrators.
Child protection, victims of abuse, fulfillment of children's rights
Copyright (c) 2025 Alfa Rizqi Fazari, Didik Suhariyanto, Puguh Aji Hari Setiawan https://creativecommons.org/licenses/by/4.0
THE EXISTENCE OF HUMAN RIGHTS FOR THE POOR AND ABANDONED CHILDREN IN INDONESIA
Human rights are basic principles that protect and respect the freedom, dignity and well being of every individual, regardless of their social, economic or background status. However, in Indonesia, the existence of human rights for the poor and abandoned children is still a controversial and complex issue. The current condition of the poor and abandoned children in Indonesia shows violations of their rights. The poor often face difficulties in accessing education, housing, health services and decent work, all of which are basic rights guaranteed in the constitution. Neglected children are also often victims of physical, psychological, and sexual exploitation, with the lack of protection and protection they receive. The method used in this research is the normative juridical method by examining the law and examining library materials. The results show that the existence of human rights for the poor and abandoned children in Indonesia requires concrete steps. This includes improving access to basic services such as education, housing, and health care, as well as effective law enforcement against perpetrators of violence and exploitation against children. In this regard, it is important for the government, child protection agencies, and Indonesian society to work together to protect the human rights of the poor and abandoned children, ensure justice and welfare for them, and build a more inclusive society.
Copyright (c) 2025 Raihan Kamil Muhadzib, Ummi Yusnita
LEGAL ANALYSIS OF THE INK PROCUREMENT PROJECT COLLABORATION AT THE GENERAL ELECTION COMMISSION REVIEWED BASED ON LAW NUMBER 5 OF 1999 CONCERNING THE PROHIBITION OF MONOPOLY PRACTICES AND UNFAIR BUSINESS COMPETITION
The procurement of fingerprint ink in the 2004 Election has become a serious concern due to indications of collusion in the tender process involving auction participants and KPU officials. This case reflects the complexity of violations that are not only related to business competition law as regulated in Article 22 of Law No. 5 of 1999, but also involve elements of corruption in accordance with Law No. 31 of 1999 in conjunction with Law No. 20 of 2001. This study uses a normative juridical method to analyze the form of collusion that occurred, its implications for the procurement system of goods and services, and coordination between KPPU and law enforcement officers in handling this case. The results of the study indicate that weak supervision and lack of synergy between institutions hamper the effectiveness of law enforcement, so that regulatory reform and increased transparency are needed to prevent similar practices in the future.
Corruption, Tender Collusion, Business Competition
Copyright (c) 2025 Abdul Latif, Julius Wahyu Daryono, Siti Nimah Fitriah, Udin Silalahi
THE DISPARITY IN JUDGES' DECISIONS ON THE CRIME OF SEXUAL VIOLENCE AGAINST CHILDREN IS REVIEWED FROM LAW NUMBER 35 OF 2014 CONCERNING AMENDMENTS TO LAW NO. 23 OF 2002 CONCERNING CHILD PROTECTION (Study of Decision Number 858/Pid.Sus/2022/PN Bjm and Number
Sexual violence against children is a serious violation of human rights and moral norms. This study focuses on the disparity in sentencing in two cases of sexual violence against children involving the biological father as the perpetrator, namely decision Number 858/Pid.Sus/2022/PN Bjm and Number 137/Pid.Sus/2023/PN Grt. Both are included in the category of familial abuse, where violence occurs in the family environment. Although both cases involve violations of Article 81 paragraph (3) of the Child Protection Law with a maximum penalty of 20 years in prison, there are differences in sentencing. In the first verdict, the perpetrator was sentenced to 18 years in prison and chemical castration for 2 years, while in the second verdict, the perpetrator was sentenced to 20 years in prison without chemical castration. This disparity is caused by differences in juridical and non-juridical considerations by judges, although both aim to achieve legal certainty and the prevention of future crimes.
Sexual Violence, Children, Familial Abuse, Disparity of Judgments
Copyright (c) 2024 Mutiara Rengganis, Muhamad Gary Gagarin Akbar, Zarisnov Arafat
EFFECTIVENESS OF CUSTOMARY DISPUTE RESOLUTION THROUGH CUSTOMARY COURTS: A STUDY IN LAWE SEMPILANG VILLAGE, LAWE ALAS DISTRICT
The Authority of Customary Court Institutions in Settling Disputes through Customary Courts is one of the Alternatives in resolving disputes. Customary courts generally accommodate the interests of the disputing parties in the customary law area that applies both in civil law and criminal law that are resolved through customary courts are acts that violate Customary Norms. This study is related to customary court decisions that were not implemented in Lawe Sempilang Village, Lawe Alas District, Southeast Aceh Regency. This study aims to determine how the process of resolving customary disputes through customary justice: A study in Lawe Sempilang Village, Lawe Alas District, Southeast Aceh Regency. This type of research is empirical legal research (field research) research that studies phenomena in its natural environment with a sociological legal approach. Data collection techniques through interviews, observations and documentation. While the analysis technique uses qualitative descriptive methods. The results of the study indicate that customary justice has not been effectively used in Lawe Sempilang Village, Lawe Alas District, Southeast Aceh Regency with other required provisions in the form of replacement money/fines to perpetrators who are proven guilty and if the perpetrator is unable to pay, the victim can report to the police and sue in public court.
Effectiveness, Customary Justice, Customary Disputes
Copyright (c) 2025 Ebi Purnama, Muhammad Syuib, Azmil Umur
IMPLEMENTATION OF PRESIDENTIAL REGULATION NO. 35 OF 2018 IN MANAGING WASTE INTO ELECTRICAL ENERGY: A CASE STUDY OF TANGERANG CITY AS A NATIONAL STRATEGIC PROJECT
This study aims to analyze the implementation of Presidential Regulation (Perpres) No. 35 of 2018 on the Acceleration of Waste-to-Energy Plant Development Using Environmentally Friendly Technology in Tangerang City, designated as one of the national strategic projects. This regulation is introduced as a solution to the escalating urban waste management issues and as a means to meet the demand for renewable energy. The study focuses on evaluating the policy's execution, covering infrastructure readiness, local government support, and private sector involvement in transforming waste into electrical energy. Employing a qualitative approach, this research collects data from in-depth interviews with stakeholders, field observations, and analysis of related documents. The findings indicate that while the policy has driven significant progress in waste management and renewable energy creation, several challenges persist, such as technical constraints in processing, limited public understanding of the program, and a need for stricter operational regulations. The study concludes that achieving full success in this program requires synergy between the government, community, and private sectors, as well as regulatory strengthening for waste-to-energy management. These findings are expected to serve as a reference in advancing sustainable waste management policies in Indonesia
policy implementation, waste-to-energy, Presidential Regulation No. 35/2018, national strategic project, sustainable waste management
Copyright (c) 2025 Edi Candra, Ika Sartika
SUSTAINABILITY ANALYSIS AND THE ROLE OF ENFORCEMENT LAW RELATING TO THE SILAT COLLEGE MONUMENT IN BOJONEGORO DISTRICT, EAST JAVA
Pencak silat is a martial arts method created by the Indonesian people for protect yourself from danger. Pencak silat schools in Indonesia are synonymous with tugu universities which is the identity of a pencak silat school near the area with the symbol of a particular college. The existence of a martial arts monument can give rise to prolonged conflict between universities due to social jealousy and displeasure between other martial arts schools, to the detriment of civilians who live around the monument the martial arts. On the basis of frequent clashes due to pencak silat monuments made the governor of east java give an appeal to put in order the university monuments martial arts. Then the east java provincial government through the east java bakesbangpol issued an appeal for independently dismantle the martial arts school monument. The aim of this research is to determine the sustainability of the silat monument control program and to determine the role of law enforcement in controlling silat college monuments in Bojonegoro district, east java. The researcher used qualitative research methods with a type of empirical normative legal research.
Pencak Silat, University Monuments, The Role of Law Enforcement
Copyright (c) 2025 Reza Ananda Putra Putra
THE EFFECT OF DOMESTIC VIOLENCE ON THE MENTAL HEALTH OF VICTIMS: A LEGAL AND SOCIOLOGICAL APPROACH TO ITS MANAGEMENT
Domestic violence (DV) is a serious social issue that has a significant impact on the mental health of victims. The psychological impact of domestic violence can include post-traumatic stress disorder (PTSD), depression, anxiety, and various other mental health problems that can hinder the well-being and productivity of victims. Addressing domestic violence requires a comprehensive approach, involving both legal and sociological perspectives. The legal approach aims to protect victims through laws and regulations that regulate sanctions against perpetrators and protective measures for victims. Meanwhile, the sociological approach focuses on understanding the social factors that influence the occurrence of domestic violence, such as cultural norms, gender inequality, and economic conditions, as well as providing social support to assist victims in the recovery process. This research examines in depth the impact of domestic violence on the mental health of victims and evaluates the effectiveness of the application of legal and sociological approaches in handling it. The results of this study are expected to serve as a basis for strengthening policies and intervention programs that are more effective in supporting victim recovery and reducing the incidence of domestic violence in the community.
domestic violence, mental health, legal approach, sociological approach, handling domestic violence
Copyright (c) 2025 Nadira kayla, Mia Amalia, Aji Mulyana
THE APPLICATION OF DIFFERENT CRIMINAL SANCTIONS AGAINST DRUG ABUSERS IS CONNECTED WITH ARTICLE 112 PARAGRAPH (1) OF LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS
The application of different criminal sanctions or criminal disparities is the application of criminal sanctions, in this case the application of criminal sanctions that are not the same or for criminal acts whose dangerous nature can be compared without a clear basis for awarding them. The problem raised in this study is how the Judge considers in applying different criminal sanctions against narcotics abusers in decision number 203/Pid.Sus/2021/Pn.Blt and number 295/Pid.Sus/ 2021/PN.Blt and what are the factors that result in differences in the application of criminal sanctions to the two decisions above. This study uses a normative juridical approach. The results of this study are the Judge's considerations in decision number 203/Pid.Sus/2021/Pn.Blt The Judge based on the legal facts revealed at the trial that the Defendant Yamsul Arifin was an abuser for himself so that the Judge in applying criminal sanctions deviated from special minimum criminal provisions in Article 112 paragraph (1), while the Judge's consideration in decision number 295/Pid.Sus/2021/Pn.Blt that the Defendant Elysa Sadola is a trafficker so the Judge continues to apply a sentence between the minimum and maximum limits specifically in Article 112 paragraph (1) Law Number 35 of 2009 concerning Narcotics. Then the factors that result in the application of different criminal sanctions against narcotics abusers in the two decisions are differences in legal facts revealed in court, there are multiple interpretations in Article 112 paragraph (1), discretion or freedom of judges, and the absence of sentencing guidelines.
Criminal Disparity, Narcotics Abuse, Decision Court
Copyright (c) 2024 Tira Habibah, Anwar Hidayat, Sartika Dewi
JURIDICAL REVIEW OF MARRIAGE ANNULMENT DUE TO IDENTITY FORGERY ACCORDING TO ARTICLE 27 OF LAW NUMBER 1 OF 1974 CONCERNING MARRIAGE
Marriage is living together of a man and a woman who meet certain conditions, a marriage can be annulled due to a violation of the prohibition, this shows the damage or cancellation of something that is prohibited because it does not meet the requirements and harmony according to the law. The issues raised in this study are how marriages are annulled as a result of identity falsification according to law number 1 of 1974 which has been amended by law number 16 of 2019 about marriage and how are the judge's considerations regarding word number 1767/Pdt.G/2017 /PA. Krw. The purpose of this research is to find out the cancellation of marriage due to falsification of identity according to law number 1 of 1974 which has been amended by law number 16 of 2019 about marriage and to find out the judge's considerations regarding word number 1767/Pdt.G/2017/PA .Krw. In this study the authors used a type of qualitative research using the Normative Juridical approach, the purpose of which was to analyze the problem by examining legal materials. The result of the author's research are in the decision 1767/Pdt.G/2017/PA.Krw. The existence of an annulment of marriage related to carrying out a marriage with identity falsification carried out by the husband and the implementation of the marriage has violated Article 27 paragraph (2) of Law Number 1 1974 which has been amended by law number 16 of 2019 about Marriage. The cancellation of the marriage itself is when a marriage that has taken place can be canceled if one of the parties does not meet the conditions set for the marriage. as a result, the marriage that was carried out immediately broke up and was considered as if it had never existed.
Annulment, Marriage, Forgery of Identity
Copyright (c) 2024 Rd.N.Sayyidatussa'adah S.A, Muhamad Abas, Sartika Dewi
JURIDICAL REVIEW OF THE MARRIAGE BAN OF INDIGENOUS PEOPLES OF MIRAH VILLAGE AND GOLAN VILLAGE, SUKOREJO DISTRICT, PONOROGO REGENCY IS REVIEWED FROM LAW NUMBER 1 OF 1974 CONCERNING MARRIAGE
The existence of customary law is a source of law in Indonesia, to be precise in Mirah Village and Golan Village, Sukerojo District, Ponorogo District. There is a customary rule that prohibits the two villages from carrying out a marriage. the worst is death. This can be seen from the discrepancy that exists between the customary law of the Mirah people and the Golanese people and the national law, whereas in the national law there is nothing that regulates the prohibition of inter-regional marriages. This research contains identification of the problem of how in the villages of Mirah and Golan there was a prohibition on inter-regional marriages and how to analyze the juridical prohibition on marriages of the Mirah and Golan Indigenous Peoples when viewed from Law Number 1 of 1974 concerning Marriage. This research aims to determine the prohibition on marriage between Mirah village and Golan village and to find out the juridical analysis of the prohibition on marriage between Mirah village and Golan village when viewed from Law Number 1 of 1974 concerning Marriage. This research method uses the Normative Juridical research type. Research Results The prohibition on marriage between Mirah and Golan villages occurs because there is an oath from the ancestors which is still adhered to today and has become a legal rule for both communities and that in Law Number 1 of 1974 Article 6 and Article 8 letter F includes the rules related to the ban on marriage that occurred in the villages of Mirah and Golan.
Copyright (c) 2024 Amanda Salsabila Surya, Yuniar Rahmatiar, Farhan Asyhadi
THE JURIDICAL REVIEW OF INTERFAITH MARRIAGE IS LINKED TO LAW NUMBER 1 OF 1974 CONCERNING MARRIAGE AS AMENDED BY LAW NUMBER 16 OF 2019 CONCERNING MARRIAGE
Indonesia is known for its diverse cultural customs that have been embedded from their previous ancestors and different religions and beliefs. Of course, each has different rules. Similar to marriage, the variety of religions and streams of belief in Indonesia does not rule out the possibility of interfaith marriage. Interfaith marriages are marriages performed by people of different religions or different beliefs. The issues raised in this study are how the validity of interfaith marriage according to Law Number 1 of 1974 concerning Marriage has been amended by Law Number 16 of 2019 concerning Marriage and how the judge's consideration in granting requests for different religions in the study of decision number 916 / Pdt.P / 2022 / PN. Sby. The purpose of this study is to determine the validity of interfaith marriage according to Law Number 1 of 1974 concerning Marriage and to find out the judge's consideration in granting an interfaith marriage request in the study of decision Number 916/Pdt.P/2022/PN. Sby. This research is a type of qualitative research that uses a normative juridical approach method, namely the approach of research by researching and reviewing the object of research through literature study. The author's conclusion to the decision is that there is an imbalance or inconsistency with Law Number 1 of 1974 concerning Marriage, that in article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage states that marriage is valid, if it is carried out according to the laws of each religion and belief.
Indonesia, Interfaith Marriage, Validity
Copyright (c) 2024 Adinda Silvia Febrianty, Muhamad Gary Gagarin Akbar, Muhamad Abas
JURIDICAL REVIEW OF THE WITHDRAWAL OF PARENTAL GRANTS TO THEIR CHILDREN IS REVIEWED BY THE COMPILATION OF ISLAMIC LAW (KHI)
A grant defined as a gift to the possession of goods without remuneration or an agreement by which the grantor in his lifetime freely and irrevocably, delivers something for the purposes of the grantee who accepts the surrender. The issue raised in this study is How the judge considers case number 89./Pdt.G/2019/PA. TALU and what distinguishes the withdrawal of grants according to the compilation of Islamic law (KHI) with the Civil Code. In this study, the author uses a type of qualitative research using the normative juridical approach method, the intention is to analyze the problem, carried out by reviewing legal materials. The results of the study are in decision number 89./Pdt.G/2019/PA. TALU obtained in this study is that there is a voluntary grant of land to his child and then the grant is withdrawn by the grantor, the withdrawal of the grant that has been given according to article 212 (KHI) that the grant cannot be withdrawn except for the parents' grant to their child. In the compilation of Islamic Law limits the possibility of withdrawal of grants, unless it involves parents giving grants to their children, According to the Civil Code the withdrawal of grants can be made by expressing intention to the grantee and filing demands for the return of the goods that have been granted. These two legal systems provide different bases in the context of grantmaking.
Grant Withdrawal, Parents, Compilation of Islamic Law (KHI)
Copyright (c) 2024 Banny Abdillah, Anwar Hidayat, Sartika Dewi
Legal Protection Against a Mother Who Has Baby Bluess
Postpartum mothers who suffer from baby blues syndrome may abuse their biological children. Baby blues syndrome is a form of mental disorder. The chronology, mental condition, evidence and results of forensic psychiatry in a case of abuse by a perpetrator who suffers from a mental disorder are very important considerations and determine whether or not the perpetrator can be punished. This is considering that apart from the Criminal Code, regulations regarding legal accountability for perpetrators of mental disorders are also regulated in Law of the Republic of Indonesia Number 36 of 2009 concerning Health (UU Health) and Law of the Republic of Indonesia Number 18 of 2014 concerning Mental Health (UU Mental Health ). This research also explores the form of legal responsibility for the perpetrator. This research methodology uses normative juridical, with a statutory regulation approach and a case approach. Data collection was obtained using the data analysis method in the form of descriptive qualitative analysis of secondary data. The results of the research show that perpetrators suffering from baby blues syndrome when committing abuse cannot be punished due to forgiving reasons based on Article 44 paragraph (1) of the Criminal Code which is an exception for mental disabilities for the mental disorders they suffer from. Criminal liability certainly cannot be imposed on the perpetrator. The form of legal responsibility is carrying out rehabilitation as well as efforts to cure it, as well as carrying out education regarding the mental illness suffered.
Copyright (c) 2024 Atasa Tarisah, Trini Handayani, Aji Mulyana