Journal title Initials Frequency DOI Online ISSN Print ISSN Publisher Editor in Chief Wajah Hukum Wjhkm April and October 10.33087/wjh 2598-604X 2746-8739 Fakultas Hukum Universitas Batanghari Jambi Dr. Supeno, SH, MH Wajah Hukum adalah peer-review jurnal akses terbuka yang bertujuan untuk berbagi dan diskusi mengenai isu dan hasil penelitian yang lagi hangat pada saat ini. Jurnal ini diterbitkan oleh Fakultas Hukum Universitas Batanghari Jambi, Wajah Hukum memuat hasil-hasil penelitian, artikel review, kajian ilmiah dari akademisi praktisi hukum meliputi berbagai bidang ilmu hukum yaitu hukum pidana, hukum perdata, hukum administrasi, hukum tata negara, hukum bisnis dan hukum islam dan bidang kajian lain yang berkaitan dengan hukum dalam arti luas. Jurnal ini diterbitkan dua kali setahun (april dan oktober), naskah yang masuk hendaknya bukan hasil dari plagiat dan naskah artikel akan direview oleh reviewer yang memiliki kompetensi di bidangnya masing-masing, naskah yang lolos akan dipublikasikan secara on-line. Wajah Hukum membuka peluang sebesar-besarnya bagi penulis yang ingin berkontribusi memasukkan naskah artikelnya ke dalam Wajah Hukum.
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Aktualitas Asas Itikad Baik dalam Praktik Pagang Gadai Sawah di Sumatera Barat
This study discusses the actuality of the principle of good faith in the practice of pawning rice fields in West Sumatra, especially in the context of Minangkabau customary law and Government Regulation in Lieu of Law Number 56 of 1960. This study aims to understand the application of the principle of good faith and identify the factors that become obstacles in the practice of pawning land. This type of research is a sociological legal research type. The object of the study is the rice fields, which are the objects of pawning. The subjects of the study are the Head of the Minangkabau Natural Customary Council (LKAAM) of West Sumatra and the Head of the Nagari Customary Council. The empirical legal research approach has a descriptive analytical nature with data collection techniques through observation, interviews, literature studies and documents. The analysis method is carried out descriptively and qualitatively. The results of this study indicate that the practice of pawning in Minangkabau has a matrilineal customary system and a high pusako property concept. The principle of good faith is very important in this practice, with both parties having to act honestly and fairly. However, there are several constraining factors such as legal developments, time periods, pawn requirements, and communication. Therefore, it is important to maintain the continuity of pawn practices and improve existing regulations by implementing the principle of good faith.
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Penyamaran Status Sosial dalam Pemanfaatan Beasiswa KIP-K
Misuse of the Kartu Indonesia Pintar Kuliah (KIP-K) scholarship through falsification of personal data by economically capable individuals is a crucial issue that is detrimental to the underprivileged. This study aims to analyze the factors causing falsification of KIP-K data, its social impact, and the legal basis that regulates it. This study uses a normative legal approach with a literature study based on laws and regulations, books, and scientific journals. The focus of the study is falsification of personal data in the Kartu Indonesia Pintar Kuliah (KIP-K) program, reviewed from the aspects of criminal law and educational principles. Data collection was carried out through a review of legal documents and related literature, with qualitative analysis to understand the motives, impacts, and criminal liability. The results of the study show that the weak criminal sanctions in the Regulation of the Minister of Education and Culture Number 10 of 2020 and the online registration system that is vulnerable to manipulation encourage misuse. As a result, underprivileged people lose access to higher education, widen social inequality, and damage public trust in government programs. Law enforcement through Law Number 27 of 2022 concerning Personal Data Protection and Law Number 11 of 2008 concerning Electronic Information and Transactions needs to be harmonized to provide a deterrent effect. This study also aims to improve the integration of national databases and artificial intelligence technology for data verification to ensure that KIP-K is on target.
Perlindungan Hukum terhadap Masyarakat Nagari yang Tanahnya Disertifikatkan Secara Melawan Hukum (Studi Putusan Mahkamah Agung Nomor 3818 K/PDT/2023)
This research aims to analyze the legal protection for nagari communities experiencing illegal land certification, as well as to evaluate the implementation of the Supreme Court's decision in resolving customary land disputes to prevent similar cases from recurring in the future. The research method used is normative juridical through legislation as the main technique in data collection and examining Supreme Court decision number 3818 K/PDT/2023, related to references from books, journals, and other materials. The research results indicate that indigenous communities whose land has been unlawfully certified are entitled to request the annulment of land rights on the grounds of administrative defects. This cancellation process can be carried out through a ministerial decree as regulated in Articles 105 and 106 of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 9 of 1999 concerning the Procedures for Granting and Cancelling State Land Rights and Management Rights.
Pengaturan SIM terhadap Pengguna Sepeda Listrik
This study examines the regulation of driver's licenses (SIM) for electric bicycle users in Indonesia, which are increasingly popular as an environmentally friendly mode of transportation but pose legal and safety challenges due to unclear regulations. Using a normative and legal-legal approach, the study analyzes Law Number 22 of 2009, Minister of Transportation Regulation Number 45 of 2020, and Police Regulation Number 5 of 2021, which stipulate that electric bicycles with speeds up to 25 km/h do not require a driver's license, while those with speeds above 35 km/h require a Class C driver's license. The results indicate a legal vacuum due to regulatory inconsistencies, low user awareness, and inconsistent law enforcement, such as verbal warnings during Operation Zebra Semeru 2024, with 647 electric bicycle accidents recorded between January and June 2024. The study recommends regulatory harmonization, intensive outreach, and strengthening bicycle lane infrastructure to support effective driver's license regulations to improve traffic safety without hindering transportation innovation.
Eksistensi Surat Izin Pemeriksaan Majelis Kehormatan Notaris Sebagai Objek Sengketa Administratif
This study aims to analyze the legal status of the examination approval letter issued by the Notary Honorary Council (MKN) as a State Administrative Decision (KTUN) and to evaluate the procedural compliance of the notary’s summons based on Supreme Court Reconsideration Decision No. 36 PK/TUN/2020. Using a normative juridical approach and case study method, the study finds that the letter meets the criteria of a KTUN and can be subject to an administrative lawsuit. However, the Supreme Court rejected objections regarding procedural violations due to the notary's attendance at the examination. The study concludes that government administrative law is more appropriate for assessing the validity of such administrative actions, emphasizing the principles of effectiveness and protection of individual rights. These findings highlight the importance of procedural understanding for notaries and the need for adequate legal assistance when facing administrative actions.
Akibat Hukum Akta Jual Beli dengan Objek Kapal yang dibuat Sebagai Perjanjian Simulasi (Analisis Putusan Pengadilan Negeri Samarinda Nomor 42/Pdt.G/2024/PN.Smr)
The sales agreement between the seller and the buyer occurs at the moment there is a meeting of the minds and a declaration between them regarding the goods and the price. However, the transfer of ownership of the goods being sold does not necessarily occur simultaneously with the agreement reached between the parties. The deed made by the Notary serves as evidence to guarantee the truth of the transaction in carrying out a legal act, in this case, a sale and purchase. However, in practice, unlawful acts are still found to be committed by the parties in making an agreement, such as a simulated agreement. Therefore, this research aims to understand the legal consequences of buying and selling ships that are made as simulated agreements and to analyze the regulations regarding the Sale and Purchase Deed with ship objects. The research method used in this study is a qualitative type with a descriptive-analytical nature, utilizing primary legal materials and secondary legal materials. The results and discussion of this research are the regulations regarding the ship sale and purchase deed, where the evidence of the transfer of ownership of the ship is in the form of a ship sale and purchase deed made in the presence of a notary (Article 18 paragraph (3) letter a of the Minister of Transportation Regulation on Ship Registration). Meanwhile, the legal consequence is that the party who feels aggrieved by the simulated agreement does not receive legal protection from the creation of the simulated agreement, and the aggrieved party cannot claim compensation.
Tahap Penetapan Penahanan pada Tindak Pidana Pencurian Ringan Menurut Restorative Justice di Wilayah Hukum Kepolisian Sektor Pasar Jambi
Petty theft is a common social problem and reflects challenges in community security. Although considered a minor crime, this theft, which involves taking goods without violence, has a significant impact on the victim. This study aims to determine the process of determining detention in petty theft crimes in the Jambi Market Police Sector and to explain the restorative justice approach in resolving petty theft crimes in the Jambi Market Police Sector. The research method used is empirical juridical using a legal sociology approach so that the data sources used are primary data sources and secondary data sources with data collection techniques in the form of interviews, observations and documentation so that the data analysis technique is qualitative analysis. The results of this study indicate that the detention stage in petty theft cases in the Jambi Market Police Sector The detention determination stage for petty theft crimes in the Jambi Market Police Sector is in accordance with the Criminal Procedure Law. However, the case of theft of a cellphone by Danu Wijaya is not included in petty theft because the loss value is IDR 4,000,000, exceeding the limit of IDR 2,500,000. This case is categorized as ordinary theft and cannot be resolved through a restorative justice approach because the victim does not want to reconcile and Danu is a recidivist with two previous sentences for similar crimes.
Studi Putusan Nomor 137/Pdt.G/2021/PN Gianyar Tentang Kepemilikan Hak Atas Tanah yang diperoleh Berdasarkan Perjanjian Nominee
The purpose of this study is to determine and analyze the rights of land owners due to nominee agreements in Decision Number 137/Pdt.G/2021/PN Gianyar and the legal remedies of land owners due to nominee agreements. The problems discussed include: (1) What are the rights of land owners due to nominee agreements after Decision Number 137/Pdt.G/2021/PN Gianyar? (2) What are the legal remedies of land owners due to nominee agreements after Decision Number 137/Pdt.G/2021/PN Gianyar. The method used in this study is normative juridical (case study). The results of the study indicate that the parties to the land lost their rights because the nominee agreement which was the basis for the purchase of the disputed land was contrary to statutory regulations, namely Article 1320 of the Civil Code and the UUPA, and efforts to resolve disputes were through mediation.
Evaluasi E-Court Sebagai Solusi Modernisasi Layanan Perkara Perdata: Kasus Pengadilan Negeri Metro
Metro District Court is one form of public service that serves criminal and civil law issues. The form of public service needs to provide satisfaction to the community who need its services. The court innovates its services by using the E-Court system as a service in civil cases. The innovation of the E-Court system service is intended to improve services to the community. This study aims to evaluate the E-Court system as a service for civil cases at the Metro District Court. The method used is a qualitative approach with a descriptive research design. The types of data used in this study are primary data from interviews conducted with informants including judges, lawyers, court staff and the parties involved. Meanwhile, secondary data sources used in this study come from legal documents, reports related to E-Court. The data analysis used in this study is carried out with a descriptive approach to explain the data systematically according to the phenomenon being studied. The E-Court system can be said to be effective in supporting the Metro District Court in providing services to the public in civil cases. This can be seen from the timeliness process provided by the system in providing services where the system will provide fast service at a low price and can ensure that cases are handled properly. The existence of an E-Court system can support employees in improving the quality of service to the public by providing satisfactory service. Recommendations for further research include expanding similar technology to other types of cases and continuous evaluation of factors that influence the acceptance and implementation of technology in the justice system.
Pengaturan Hukum Pengamanan Aset Tanah Kas Desa Berdasarkan Peraturan Perundang-Undangan di Indonesia
As a source of income for the village, village treasury land does not yet have specific regulations governing its management and utilization. As a result, Village Treasury Land cannot be utilized professionally, thus hampering Village development. To determine and analyze the legal arrangements for securing village treasury land is the purpose of this study. This study uses normative legal research methods with legal materials from statutory, conceptual, and historical laws by applying inventory, systematization, and interpretation techniques. Because specific regulations regarding village treasury land are not found in laws or implementing regulations below or in regulations equivalent to implementing regulations, the results of this study can be used to create Village Regulations. Therefore, to obtain legal certainty, the Village Head has the authority to create Village Regulations in the Utilization and Management of Village Treasury Land.
Penerapan Praperadilan terhadap Problematika Penetapan Tersangka yang Tidak Memenuhi Dua Alat Bukti
This research aims to examine the application of pre-trial to the problem of determining suspects who do not meet the requirements of at least two valid evidences in accordance with the provisions of Article 183 and Article 184 of the Criminal Code. This problem often occurs in criminal law practice in Indonesia, where the suspect is determined without going through valid procedures and without sufficient evidence, thus potentially violating the principles of human rights and substantive justice. This research uses normative juridical methods with legislative, conceptual, and case approaches, which focuses on the analysis of written legal norms and their application in practice through the study of laws and regulations, legal theories, and court decisions. The scope of the research includes the study of the evidence system in criminal procedure law as well as the protection of the rights of suspects, with the research object in the form of positive legal provisions, the theory of the validity of evidence, and the application of progressive law in judge's decisions. The types of legal materials used include primary legal materials (laws and decisions), secondary (legal literature and scientific journals), and tertiary (legal dictionaries and encyclopedias). Data collection is carried out through literature and documentation studies, while the analysis technique of legal materials is carried out descriptively-analytically by interpreting legal norms and examining their application systematically and critically. Research results show that pre-trial has an important function as a judicial control mechanism for investigators' actions that are beyond their authority. The Constitutional Court's decision number 21/PUU-XII/2014 has expanded the pre-trial object including the validity of determining the suspect. Through case studies such as the Pegi Setiawan case, it is proven that pre-trial is effective in ensuring the protection of individual rights and preventing abuse of authority by law enforcement officers. Therefore, the determination of suspects must be carried out carefully and based on valid legal procedures so as not to harm justice and public trust in the legal system.
Perlindungan Hukum terhadap Identitas Batik Merawit Cirebon Sebagai Produk Indikasi Geografis: Tinjauan Realistis dalam Hukum Kekayaan Intelektual di Indonesia
The purpose of this study is to analyze the legal protection of Cirebon Merawit Hand-drawn Batik as a geographical indication product, the challenges and implications of geographical indication protection for craftsmen and the local economy. The method used in this study with a 4-month activity design with a scope related to intellectual property rights in geographical indications, the main materials and tools used are primary data sources, secondary data sources and tertiary data sources. Data collection techniques in the form of interviews and documentation so that the analysis technique is descriptive analytical. The results of this study are an analysis of the legal protection of Cirebon Merawit Hand-drawn Batik as a geographical indication product is to prevent counterfeiting and unauthorized use, increase competitiveness and economic value and maintain the sustainability of local culture and heritage. Then the challenges in the Implementation of Geographical Indication Protection are the lack of awareness and socialization, violations and counterfeiting that still occur and global competition and the implications of Geographical Indication Protection for Craftsmen and the Local Economy are increasing craftsmen's income, local economic development and protection of local community rights.
Kepastian Hukum Sistem Peradilan Pidana Koneksitas Pasca Putusan Mahkamah Konstitusi Nomor 87/PUU-XXI/2023
The Indonesian criminal justice system faces various legal and practical challenges related to the uncertainty of the forum and coordination mechanisms between the general and military courts. Constitutional Court Decision No. 87/PUU-XXI/2023, read on November 29, 2024, established a new normative basis by integrating the Corruption Eradication Commission (KPK) into the Permanent Connectivity Team, allowing investigations and prosecutions of joint cases to take place in a single process. This study aims to analyze the extent to which this decision strengthens legal certainty in the connected justice system and identify implementation obstacles in the field. The method used is a normative legal approach with a statute approach, a conceptual approach, and a case law approach, supported by a critical review of the effectiveness of the Joint Decree (SKB) establishing the connection team, Standard Operating Procedures (SOPs), and the harmonization of the roles of the Military Prosecutor, Military Police, and the KPK. The results of the study highlight the legal uncertainty in the practice of connectivity between the military and general courts. Constitutional Court Decision No. Regulation No. 87/PUU-XXI/2023 provides a crucial foundation for integrating the Corruption Eradication Commission (KPK) into the Connection Team, enabling integrated case handling. However, its effectiveness remains hampered by technical regulations, inter-agency coordination, and the need for standard operating procedure (SOP) harmonization.
Tinjauan Yuridis terhadap Pencabulan Anak dibawah Umur Putusan Nomor 666/Pid.Sus/2023/PN. SRG
The increasing crime rate in Indonesia has resulted in the emergence of various modus operandi in the occurrence of criminal acts, one of which is the abuse of minors. Child abuse can damage family life, the school environment, and even indirectly threaten the future of children who are the next generation of the Indonesian nation. The purpose of this study is to analyze the factors that cause the occurrence of criminal acts of child molestation in Serang Regency, Banten Province. This study uses primary data obtained from direct interviews with informants at the Class II Serang Prison, Banten. The conclusion of this study shows the factors causing the occurrence of child molestation from a criminal law perspective. The application of the law to perpetrators of criminal acts of child molestation is carried out by providing sanctions in accordance with Law Number 23 of 2002 concerning Child Protection, such as imprisonment or criminal penalties.
Analisis Yuridis Perlindungan Hak Cipta terhadap Karya Sastra Berbentuk Fiksi Penggemar (Alternate Universe) pada Platform Wattpad Berdasarkan Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta
Wattpad, as a digital storytelling platform, has become increasingly popular among writers, particularly in producing derivative works known as Alternate Universe (AU) fiction. These works frequently incorporate elements from existing intellectual property, including the names, images, and personas of public figures or fictional characters, often without prior authorization. This study aims to examine the legal protection afforded by copyright law to AU literary works published on the Wattpad platform, analyze the legal consequences of publishing such works that depict identifiable figures without consent, and explore efforts to raise awareness among Wattpad authors regarding copyright compliance. The research addresses the following issues: the juridical analysis of copyright protection for AU-based literature, the legal implications of unauthorized use of celebrity identity, and strategies to promote copyright awareness among content creators on Wattpad. Employing a normative juridical method with a qualitative approach, data were collected through legal literature review and expert interviews. The findings indicate that the use of identifiable personal attributes in AU works without permission constitutes a violation of copyright law, particularly infringing upon the moral and economic rights of the original rights holders. Furthermore, a lack of legal literacy among digital authors presents a significant challenge in the enforcement of intellectual property rights. Hence, systematic education and legal oversight are essential to uphold copyright protections in the digital creative space.
Pelaksanaan Ganti Rugi Akibat Pemasangan Tiang Listrik di Lahan Masyarakat di Kota Jambi
The issue of compensation for the installation of electricity poles on community land in Jambi City is a serious concern, because until now there has been no adequate compensation from PT. PLN (Persero) UP3 Jambi. Residents who own land are questioning their rights regarding the use of private assets for public interests and settlement mechanisms in accordance with regulations. This ambiguity has the potential to cause dissatisfaction, so a solution needs to be found immediately to fulfill community rights. This study uses a socio-legal research approach with an activity plan of three months so that the scope or object of the study is the implementation of compensation due to the installation of electricity poles on community land in Jambi City. For this reason, the main materials and tools are direct research in the Jambi City community and secondary data are books and Law Number 30 of 2009 concerning Electricity. The data collection technique is in the form of interviews so that the data analysis uses qualitative analysis methods. The results of this study are that the regulation of compensation due to the installation of electricity poles on community land has been regulated in Article 30 of Law Number 30 of 2009 concerning Electricity and the implementation of compensation due to the installation of electricity poles on community land in Jambi City has not been implemented compensation to the people of Jambi City related to their land used for the installation of electricity poles by PT. PLN (Persero) UP3 Jambi.
Kebijakan Hukum Pidana terhadap Penyalahgunaan Narkotika Pasal 127 Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika
Legal policy against drug abusers and addicts to undergo medical and social rehabilitation is regulated in Article 127 of Law Number 35 of 2009 concerning Narcotics. However, there are differences of opinion between this Article and related Articles which cause the implementation in the field to be less than appropriate. This study aims to determine the legal policy on Article 127 of Law Number 35 of 2009 concerning Narcotics. The research method used is normative with a statutory regulatory approach and a case approach. The scope or object of this study is the criminal law policy on Article 127 of Law Number 35 of 2009 concerning Narcotics. The main legal sources used include primary legal materials such as Law Number 35 of 2009 concerning Narcotics, secondary legal materials consisting of books and journals by legal experts, and tertiary legal materials used include related dictionaries and encyclopedias. The results of the study show that there are several decisions that were charged with Law 127 of Law Number 35 of 2009 concerning Narcotics who were not given the opportunity for rehabilitation, which is not in accordance with the contents of Article 127 of Law Number 35 of 2009 concerning Narcotics.
Penegakan Hukum Perdata dalam Penyelesaian Peredaran Rokok Ilegal
The circulation of illegal cigarettes is a serious problem, impacting not only health but also state revenue from the tax sector and creating unfair business competition. In practice, the resolution of illegal cigarette circulation is not only carried out through a criminal approach but also uses administrative and civil law instruments related to dispute resolution for parties harmed by the circulation of illegal cigarettes. The problem in this paper is how the civil settlement mechanism for illegal cigarette dealers in practice. The type of research method used in writing this journal is normative juridical research using the statute approach and the case approach. From the results of the discussion, it can be concluded that the civil settlement mechanism for illegal cigarette dealers is to pay compensation to the state, either through the courts or customs officers, a maximum of 7 times the price of the illegal cigarettes.
Analisis Putusan Hakim Nomor 16/Pdt.Sus-Desain Industri/2020/PN.Niaga.Jkt.Pst. antara Merek Geprek Bensu dan I Am Geprek Bensu
Besides trademark, industrial designs are very valuable for every business actor in marketing, promoting and selling their goods and/or services to consumers. One of the industrial designs in the form of food packaging boxes functions as an identifier and marker for consumers. In this regard, each business actor is required to register their trademark and industrial designs with the Directorate General of Intellectual Property Rights of the Ministry of Law to avoid problems in the future. However, trademark and industrial design disputes cannot be avoided as the industrial design dispute that occurred between PT Ayam Geprek Benny Sujono and Ayam Geprek Ruben Samuel Onsu which resulted in a lawsuit at the Commercial Court at the Central Jakarta District Court with a ruling that canceled the industrial design registered in the name of Ruben Samuel Onsu. This scientific work examines the legal protection related to trademarks and industrial designs, the judge's considerations in canceling industrial design rights in the name of Ruben Samuel Onsu as stated in the Commercial Court Decision at the Commercial Court at the Central Jakarta District Court No. 16/Pdt.Sus Desain Industri/2020/PN.Niaga.Jkt.Pst and an analysis related to legal justice for the parties in the case related to the decision.
Perlindungan Hukum Konsumen dalam Layanan Asuransi Digital: Tinjauan Yuridis Atas Tantangan Regulasi di Indonesia
This study aims to examine the form, characteristics, and regulatory challenges of digital technology-based insurance services (Insur Tech) in Indonesia, as well as to evaluate the form of legal protection available to policyholders in the context of the digital economy. The method used is a normative legal approach with an analysis of regulations such as POJK No. 36/2024 and POJK No. 8/2024, as well as literature and secondary sources from scientific articles and credible references. The research findings indicate that the development of InsurTech has not been matched by an adequate regulatory system, leading to potential legal uncertainty and weak consumer protection. The gap between technological innovation and regulatory response is evident in the lack of legal clarity regarding data security, service transparency, and dispute resolution mechanisms. The conclusions of this study emphasize the importance of regulatory updates that can ensure a balance between digital innovation and legal protection, through a collaborative approach between regulators, industry players, and the public. This research contributes to the development of digital law in the financial sector, particularly in shaping a legal framework that is more responsive to digital transformation in the insurance industry.
Tinjauan Kriminologis Meningkatknya Kekerasan terhadap Anak di Wilayah Unit Pelaksana Teknis Daerah Perlindungan Perempuan dan Anak Kota Jambi
The rise in cases of violence against children in Jambi City is a concerning issue, deeply rooted in family dysfunction, economic pressure, and poor parenting. This phenomenon demands serious attention and comprehensive efforts involving firm law enforcement, strengthening family resilience through various support programs, increasing public awareness through ongoing education, and implementing effective early intervention. This study seeks to delve deeper into the root causes of this violence, identify the most relevant countermeasures, and analyze the various obstacles that hinder response efforts. By utilizing primary and secondary data, and applying in-depth qualitative analysis methods at the Jambi City Women and Children Protection Office, this study is expected to provide constructive recommendations to protect children from all forms of violence. The results indicate that the increase in violence against children in Jambi City is caused by economic, environmental, cultural, and educational factors. Preventive efforts include vitamin programs, outreach, and law enforcement, but obstacles such as family shame and a lack of resources remain.
Plurarisme Sanksi Pidana antara Blue Collar Crime dan White Collar Crime dalam Prespektif Keadilan
This study examines the pluralism of criminal sanctions between blue-collar crime and white-collar crime from a justice perspective, focusing on the disparities in law enforcement in Indonesia. Blue-collar crimes, typically committed by individuals from lower socioeconomic classes, such as theft or violence, often receive harsh penalties like imprisonment. In contrast, white-collar crimes, perpetrated by individuals of higher socioeconomic status, such as corruption or embezzlement, tend to receive lighter sanctions, such as fines or probation. This disparity raises questions about substantive justice and the principle of equality before the law. Employing a normative juridical approach, this study analyzes relevant legislation, including the 1945 Constitution, the Criminal Code, and Law No. 39 of 1999 on Human Rights, alongside case studies such as the Nenek Asyani case, the Bank Century scandal, and the HM tin corruption case. The findings reveal that law enforcement for blue-collar crimes is often swift and retributive, while white-collar crimes are frequently hindered by power dynamics, political connections, and legal impunity, undermining deterrence and social justice. Grounded in Pancasila’s justice theory and punishment theories (absolute, relative, and combined), this study highlights the need for balanced sentencing reforms, prioritizing restorative justice for blue-collar crimes and proportional sanctions for white-collar crimes. It recommends strengthening the independence of law enforcement, implementing mediation for minor cases, and adjusting criminal policies to ensure fair punishment proportional to the crime’s impact. Thus, this study contributes to the discourse on inclusive and responsive criminal justice in addressing social dynamics.
Analisis Kritis Money Politics Bahaya terhadap Demokrasi
Money politics has become a recurring issue and has become widespread in society. Money politics can take the form of cash donations and direct assistance, such as the distribution of basic necessities or souvenirs such as t-shirts or headscarves, commonly encountered during compaigns or before elections. The objects of money politics are generally target at lower-middle class citizens. This research aims to build a theoretical and conceptual understanding of money politics and its dangers to democracy. This study uses normative approach through legislation and relevant literature. The result show that money politics has become ingrained in society due to the lack of religious values held by the public and officials, as well as weak oversight of elections organizers. Money politics poses a real threat to democracy and can become a bridge to the emergence of corruption. Therefore serious enforcement of regulations prohibiting money politics is necessary, while still adhering to the values contained in Pancasila, while Indonesian law is fundamentally sound, the legal image has been tarnished by the behavior of unprofessional and irresponsible individuals.
Kemerdekaan Pers di Indonesia pada Masa Pemilu 2024 ditinjau dari Teori Keadilan Hukum
This study aims to determine the independence of the press in Indonesia during the 2024 elections from the perspective of legal justice theory and to analyze the relationship between factors influencing press independence in Indonesia during the 2024 elections and legal justice theory. The method used in this study is normative legal research, which examines issues based on applicable regulations and literature studies. The results of the study show, first, that press freedom in Indonesia during the 2024 elections does not yet meet the principles of legal justice as stated by John Rawls. This is evident in the imbalance in news coverage, which results in news reports and journalistic products produced by some media outlets being unfair and far from balanced, thereby harming other candidates. In addition, the public is also disadvantaged because freedom in obtaining accurate and fair information has not been achieved as it should be. The existence of this imbalance in reporting shows that the press has not been able to carry out its function freely and fairly as a provider of information to the public. Second, the factors that influence press freedom in Indonesia during the 2024 elections show that there is still control by financiers (media company owners) over the press and that there are no firm regulations regarding the enforcement of press freedom, which can lead to violations of the principles of legal justice.
Kepastian Hukum terhadap Pembeli yang Beretikad Baik dalam Proses Balik Nama Sertipikat Tanah
Land sale and purchase transactions that are not carried out through legal procedures according to statutory regulations are often used by the general public. The law in the area is not using a Sale and Purchase Deed made by a Land Deed Making Officer (PPAT) or Temporary PPAT (PPATS). This is often used by some people so that non-compliance with legal procedures results in the transfer of land rights not being able to be registered at the land office, so that the buyer does not obtain legal status as a legitimate land owner. Therefore, in this article, what will be reviewed is how the procedure so that the buyer can carry out a Change of Name according to the procedure and the legal impact if the transaction process is not carried out correctly. Normative and empirical Juridical Methods, namely by emphasizing secondary data by studying and reviewing the principles of positive law derived from library data and legal comparisons, as well as elements or factors related to the research object as part of field research. Underhand transfer of rights transactions in this case there is a defect or flaw, however, the buyer is considered to have good intentions by checking and taking care of the validity of the documents owned, therefore the change of name can be carried out based on an authentic letter made by a non-PPAT in this case a Court Decision that has permanent legal force. In this case, the Community is considered to be more careful, thorough and careful regarding the land object and can check the history of the land at the BPN.
Tuntutan Hak Nafkah Istri yang tidak di Biayai oleh Suami Selama Dua Tahun Menurut Kompilasi Hukum Islam (KHI)
This study examines the wife's claim for maintenance rights that has not been met by the husband for two years based on Article 80 paragraph (4) of the Compilation of Islamic Law (KHI), which requires the husband to provide for his wife and children according to his ability. Using a normative approach with statute and conceptual methods, this study analyzes legal regulations such as Law Number 1 of 1974 concerning Marriage, the 1945 Constitution, and the Bandung Religious Court's decision Number 6147/Pdt.G/2024/PA.Badg as a case study. The results show that a husband's negligence in providing maintenance can be grounds for divorce, supported by Gustav Radbruch's basic legal values of justice, certainty, and expediency. The wife has the right to file a claim through mediation or litigation in the Religious Court to obtain protection of her rights, in order to create a harmonious family and social welfare. This study emphasizes the importance of law enforcement to protect women in marriage.
Perluasan Alat Bukti Petunjuk dalam Tindak Pidana Pencucian Uang dari Tindak Pidana Asal Korupsi
This article will examine circumstantial evidence in money laundering crimes and the expansion of circumstantial evidence in money laundering crimes from the original crime of corruption. The research method applies descriptive analytical research specifications and uses a normative legal research approach. The research data collection technique was obtained from literature and document studies. The data obtained was then analyzed qualitatively from a legal perspective, emphasizing legal analysis with formal thinking concepts and presented in the form of arguments. The results of the study show that circumstantial evidence in money laundering crimes can be obtained from evidence as referred to in Article 188 (2), namely witness testimony, letters, defendant testimony, and electronic evidence as referred to in Article 73 letter b of Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. The expansion of circumstantial evidence needs to be pursued by expanding the evidence that serves as preliminary evidence of suspicious financial transactions with electronic evidence in the form of derived evidence, which will be useful in determining legal steps in the form of investigations or in proving cases in court, and needs to be reinforced with statements from financial transaction analysis experts.
Analisis Normatif Tindak Pidana Pornografi (Studi Putusan No:46/Pid.Sus/2024//PN Jmb)
The crime of pornography is an act that violates moral norms by producing, distributing, or possessing pornographic content, which is regulated in Law Number 44 of 2008 concerning Pornography. Violations of this law can be subject to criminal sanctions in the form of imprisonment and fines. The crime of pornography is a phenomenon that arises in society that can be committed by anyone and against anyone who becomes a victim. Amidst advances in technology and science, the crime of pornography can also occur with the support of internet technology through social media accounts. Social media users are also expected to be wise in using available applications so as not to cause negative impacts and losses to others, especially in loading, distributing, transferring content containing pornographic elements. Of course, for anyone who commits pornographic acts must be responsible for their actions in accordance with applicable legal provisions, of course through the criminal justice system from the investigation process at the Police to the trial in Court until a judge's decision is made to determine whether someone is found guilty or not. The method used in this study is a normative juridical research type, while the approach used in this study is a case study approach. The data collected in this study was sourced from literature. The conclusion of this study is that the verdict handed down by the judge against the perpetrator of the pornography crime in this case study lacks a sense of justice and legal certainty. The judge failed to consider other elements in his considerations, thus making the application of the article inappropriate.
Analisis Yuridis Pelaksanaan Corporate Social Responsibility (CSR) Pasca Pertambangan Indonesia
The implementation of post-mining Social Responsibility of Corporations (CSR) in Indonesia has become a major concern along with increasing awareness of sustainability and Social Responsibility of Corporations. The mining sector does contribute significantly to the national economy, but it also has negative impacts on the environment and surrounding communities. This investigation uses a normative juridical approach by analyzing various regulations, including Regulation Point 40 per 2007 concerning Limited Liability Companies, Regulation Point 4 per 2009 in conjunction with Regulation Point 3 per 2020 concerning Mineral and Coal Mining, Regulation Point 25 per 2007 concerning Investment, Regulation Point 32 per 2009 concerning Environmental Protection and Management, and Government Regulation Poin 47 per 2012 and Government Regulation Poin 96 per 2021. This study is based on the concept of sustainable CSR (Triple Bottom Line) and the theory of corporate responsibility, which emphasizes the balance of economic, social, and environmental aspects. A case study of corruption at PT Timah Tbk serves as an illustration to assess the gap between legal norms and practice in the field. The analysis shows that despite fairly comprehensive regulations, the implementation of post-mining CSR still faces various obstacles, such as legal uncertainty, weak oversight, limited human resource capacity, small budgets, low community contributions, and the absence of strict sanctions for violators. Therefore, CSR management reform is needed through strengthening regulations, increasing supervisory capacity, transparency in fund use, and active community involvement. The government is expected to play a more active role as a regulator, facilitator, and supervisor so that post-mining CSR can be implemented effectively, sustainably, and equitably.
Penegakan Hukum Pidana terhadap Penyalahgunaan Ganja oleh Pelaku yang Mengalami Gangguan Jiwa (Studi Putusan No. 1/Pid.Sus/2022/PT SMG)
The author’s research for the thesis entitled “Criminal Law Enforcement Against Cannabis Abuse by Offenders with Mental Disorders (Case Study of Decision No. 1/Pid.Sus/2022/PT SMG)” focuses on examining how criminal law is applied to offenders who abuse cannabis while suffering from mental disorders, as well as reviewing the judge’s considerations in delivering criminal verdicts. This research employs a library research method, legal document collection, and descriptive qualitative data analysis. The data sources include official court decisions, statutory regulations, and relevant legal literature, which are used to provide a descriptive account of the application of criminal law to cannabis abuse committed by offenders with mental disorders. The findings reveal that the implementation of Article 44 of the Indonesian Criminal Code (KUHP) in such cases remains inconsistent. Law enforcement tends to prioritize repressive punishment over rehabilitative measures, even when there is strong medical and psychological evidence supporting the offender’s mental disorder. This situation indicates the need for policy and procedural reforms to ensure that the human rights and mental health care needs of the offenders are adequately protected. Furthermore, the study offers deeper insights into the importance of a legal approach that is not solely repressive but also takes into account the psychological condition and human rights of the offenders.
Implikasi Hukum Ketenagakerjaan terhadap Hubungan Industrial di Era Globalisasi
The era of globalization has brought significant changes in the structure and dynamics of industrial relations in various countries, including Indonesia. These changes include the liberalization of the labor market, the entry of foreign investment, and the adoption of new technologies and work systems that demand high flexibility in employment relations. This condition gives rise to various complex employment law implications, both in terms of labor protection, contractual flexibility, and the role of trade unions. This study aims to analyze how the Indonesian labor law system responds to the challenges of globalization in maintaining a balance between the interests of workers and employers and ensuring the stability of industrial relations. A normative legal approach is used by examining national laws and regulations, international conventions, and contemporary industrial relations practices. The results of the study show that there is still a gap between labor law norms and the reality in the field, especially regarding the issues of flexible employment, outsourcing, digitalization of the workforce, and protection of basic workers' rights. Therefore, it is necessary to reformulate employment policies that are adaptive, equitable, and oriented towards the development of harmonious and sustainable industrial relations in the global era.
Peranan Krusial Penyidik Pegawai Negeri Sipil dalam Penegakan Hukum Pidana Lingkungan Berdasarkan Undang-Undang Nomor 32 Tahun 2009 Tentang Perlindungan dan Pengelolaan Lingkungan Hidup
This study examines the critical role of Civil Servant Investigators (PPNS) in enforcing environmental criminal law under Law Number 32 of 2009 on Environmental Protection and Management. PPNS holds strategic authority in investigating environmental crimes, such as hazardous waste pollution and ecosystem destruction, yet faces challenges including limited resources, corporate resistance, and suboptimal inter-agency coordination. Employing a normative juridical approach with statutory and case analysis, this research evaluates the effectiveness of PPNS’s role and its collaboration with the police. Findings indicate that enhancing PPNS capacity through training, technological facilities, and regulatory reforms, including broader adoption of the strict liability principle, can improve environmental law enforcement. The study recommends establishing integrated coordination protocols and joint task forces to support environmental sustainability in Indonesia.
Sanksi Pidana Denda Bagi Pelaku Penyalahgunaan dan Pengedaran Gelap Narkotika (Studi Putusan Perkara Nomor 468/Pid.Sus/2024/PN Smg)
The illicit circulation and abuse of narcotics in Indonesia constitute a serious and escalating problem that threatens social and economic stability, as well as the future of the younger generation. One form of law enforcement against narcotics traffickers is the imposition of criminal fines as stipulated in Law Number 35 of 2009 on Narcotics. This study aims to explain and analyze the imposition of criminal fines in addressing illicit narcotics circulation and to examine judicial considerations in Case Decision Number 468/Pid.Sus/2024/PN Smg. The method employed is normative juridical research, which examines norms in positive law and court decision studies. Based on the research findings, the imposition of a criminal fine of IDR 1,000,000,000.00 with a subsidiary six-month imprisonment in this case is deemed insufficient to deliver the expected deterrent effect, as the offender may circumvent legal consequences through financial capability or networks within correctional facilities. The judge’s considerations in rendering the decision encompass juridical and sociological aspects; however, further evaluation of the fines is necessary to ensure they create both deterrence and justice. This study underscores the need to strengthen legal instruments so that criminal fines are not merely symbolic but also functional in combating narcotics-related crimes.
Analisis Kepastian Hukum Atas Kepemilikan Tanah Dago Elos terhadap Hak Para Pihak
Previous studies on agrarian conflict in Indonesia largely emphasized the weak conversion of colonial land rights and the uncertainty of land status but have yet to examine contemporary cases involving document forgery and inconsistent court rulings. The articlee highlights the Dago Elos land dispute as a modern urban agrarian conflict that reflects the fragility of legal certainty. Using an empirical juridical method through analysis of Basic Agrarian Law (UUPA), court decisions, and community interviews, the study finds that expired eigendom verponding claims and forged documents intensified legal insecurity for residents. The findings reveal that land rights protection in Indonesia remains vulnerable, while the state of the art of this research lies in integrating colonial legal legacies, administrative manipulation, and the effectiveness of legal protection in contemporary land disputes.
Analisis Efektivitas Pasal 28 Ayat 2 UU ITE Nomor 1 Tahun 2024 dalam Perlindungan Korban Ujaran Kebencian Berbasis Sara di Media Sosial
This study analyzes the effectiveness of Article 28 paragraph (2) of Law Number 1 Year 2024 concerning Information and Electronic Transactions (UU ITE) in providing legal protection for victims of hate speech based on ethnicity, religion, race, and inter-group relations (SARA) on social media. Hate speech on social media is increasingly widespread and has the potential to threaten national unity. Although the UU ITE regulation prohibits the dissemination of information that incites hatred based on SARA, its enforcement faces various obstacles such as ambiguous legal norms, low digital literacy, and evidentiary challenges. This study uses a normative juridical approach with case analyses of Meiliana, Jozeph Paul Zhang, and Ahmad Dhani as examples. The findings indicate that victim protection is still inadequate, and law enforcement is not fully effective and fair. Therefore, a collaborative strategy involving the government, law enforcement, social media platforms, and the public is needed to address the spread of hate speech more effectively and justly.
Tantangan Penegakan Hukum terhadap Froud Perbankan dalam Industri Judi Online
The enforcement of law against banking fraud within the online gambling industry in Indonesia faces intricate challenges amidst rapid digital technology advancements. This study aims to analyze the forms of criminal liability for perpetrators of banking fraud involved in online gambling under Indonesia’s positive law and to identify the primary obstacles in law enforcement processes, along with investigators’ efforts to address them. Employing a normative juridical approach and literature review method, this research examines regulations such as the 1945 Constitution, Law No. 8/1981 on Criminal Procedure Code, Law No. 10/1998 on Banking, Law No. 8/2010 on Anti-Money Laundering, Law No. 1/2024 on Electronic Information and Transactions, and Law No. 1/2023 on the New Criminal Code. Findings reveal that perpetrators of banking fraud face penalties of up to 7 years under Articles 492 and 483 of the New Criminal Code for fraud and embezzlement, and up to 20 years under the Anti-Money Laundering Law for money laundering. Major challenges include difficulties in digital evidence collection due to advanced encryption, overseas servers, and low compliance in reporting suspicious transactions, as evidenced by PPATK’s 2025 report noting only 573 active reporters out of 89,000. Cases like the arrest of two online gambling bosses (OHW and H) in May 2025 exposed the massive abuse of 4,000 bank accounts, yet inter-agency coordination among the Police, OJK, Kominfo, and PPATK remains hindered by limited digital forensics and cross-jurisdictional issues. Investigators address these barriers by leveraging digital forensic technology, international cooperation through Mutual Legal Assistance, and enhanced big data-based monitoring systems. This study recommends a holistic approach integrating strengthened financial technology regulations, investigator training, and public education to prevent cybercrimes, thereby upholding the rule of law and safeguarding the national financial system.
Kedudukan dan Keabsahan Hukum Perjanjian Joint Venture dalam Hukum Perdata Indonesia
The joint venture agreement is a form of business collaboration increasingly utilized in commercial practice by both domestic and foreign parties. However, Indonesian legislation does not explicitly regulate such agreements, raising legal questions regarding their standing and enforceability under national law. This study aims to examine the legal position of joint venture agreements within the Indonesian civil law system and assess their compliance with the validity requirements of contracts as stipulated in Article 1320 of the Indonesian Civil Code (KUH Perdata). This is normative legal research employing a statute-based and conceptual approach. The findings show that joint venture agreements are legally acknowledged and enforceable based on the principle of freedom of contract as articulated in Article 1338 of the Civil Code As long as the agreement meets the four requirements for a valid agreement, namely agreement, capacity, a specific object, and a lawful cause it is considered valid and binding under Indonesian civil law. Although there is no specific statutory framework governing joint ventures, their legal force is supported through legal doctrines and judicial precedents. This study concludes that the absence of explicit regulation does not invalidate joint venture agreements but highlights the importance of carefully interpreting foundational civil law principles to ensure legal certainty and protection for the contracting parties.
Aspek Hukum Peran TNI Mengatasi Serangan Siber dalam Rangka Pertahanan Keamanan Nasional
Cyberattacks are a growing and increasingly threatening form of non-traditional threat that endangers national security stability in the digital age. In this context, cybersecurity has become an integral part of the nation's defense system, making the role of the Indonesian National Army (TNI) in facing cyberattacks increasingly relevant and urgent. However, the legal aspects governing the authority of the Indonesian National Armed Forces (TNI) in the cyber domain still raise debate, particularly due to the lack of comprehensive and specific regulations. This research aims to examine and understand the legal basis governing the role of the Indonesian National Armed Forces (TNI) in addressing cyber threats, analyze the limits of its legal authority within the context of national cyber defense, and evaluate the implementation of existing policies. This research uses a normative juridical method, as well as relevant legislation (statute approach) and conceptual (conceptual approach) approaches. The research results indicate that although the role of the Indonesian National Armed Forces (TNI) is highly strategic in facing covert and high-risk cyber threats to national sovereignty, the involvement of the TNI must be based on a clear and firm legal framework, carried out through effective coordination with relevant institutions, and always uphold applicable legal principles.
Pengaturan Hukum Pidana terhadap Pelaku Pertambangan Ilegal di Indonesia
Illegal mining in Indonesia has become a serious issue with widespread environmental, economic, and social impacts. This study aims to analyze the criminal law regulations regarding illegal mining offenses and the sanctions imposed on perpetrators based on Indonesian positive law. The research method used is normative juridical, with a descriptive-analytical approach. The findings indicate that the primary regulation governing illegal mining offenses is Law Number 3 of 2020 on Mineral and Coal Mining (UU Minerba), which imposes a maximum prison sentence of 5 years and fines up to Rp100.000.000.000 (one hundred billion rupiah). Additionally, illegal mining activities causing environmental damage may be subject to additional sanctions under Law Number 32 of 2009 on Environmental Protection and Management and Law Number 18 of 2013 on the Prevention and Eradication of Forest Destruction. Although the regulations are clear, challenges in law enforcement remain a major obstacle. Therefore, synergy between the government, law enforcement agencies, and the community is needed to effectively eradicate illegal mining.
Tinjauan Yuridis Pelanggaran Pemasangan Reklame Sesuai Peraturan Bupati Nomor 308/2023 Tentang Izin Penyelenggaraan Reklame (Studi Kasus Kabupaten Karawang)
Billboards are promotional media designed to introduce or market goods, services, or individuals to the wider public. In Karawang Regency, the number of billboard installations increases annually in line with regional development, yet this growth is not accompanied by adequate supervision and law enforcement. Irregularities in billboard placement potentially disrupt urban aesthetics and violate existing regulations. The Karawang Regency Government regulates this matter through Regent Regulation Number 308 of 2023 as an implementation of Regional Regulation Number 3 of 2019 on Billboard Licensing. This study aims to identify the causes of weak law enforcement and the obstacles faced in billboard supervision. The research applies a socio-legal approach by examining the normative provisions in Regent Regulation Number 308 of 2023 and analyzing their implementation in practice. The findings indicate a lack of inter-agency coordination and limited socialization to the public and business actors. Therefore, strengthening inter-agency synergy, budget allocation, and legal education for the community is required to achieve orderly and compliant billboard management.
Perlindungan Hukum terhadap Korban Revenge Porn dalam Perspektif Psikologi Hukum
Advances in information technology have given rise to various new forms of crime in the digital realm, one of which is revenge porn, namely the act of spreading intimate content without consent as a form of revenge, generally carried out by ex-partners. This phenomenon has a serious impact on the psychological condition of victims, especially women, while existing legal instruments often do not provide optimal protection. This research focuses on analyzing legal protection for victims of revenge porn in Indonesia and examining the dynamics of the relationship between the perpetrator and the victim from a legal psychology perspective. The methodology used is normative juridical legal research with a qualitative approach through literature study. Data sources were obtained from primary, secondary and tertiary legal materials, which were then analyzed using descriptive-analytical methods. The findings show that even though there are regulations such as the TPKS Law, ITE Law, and Pornography Law, protection for victims is still not effective. Victims often experience victim blaming, social pressure and psychological trauma without adequate recovery. This research concludes that the current legal protection approach is retributive and does not provide comprehensive recovery for victims. Therefore, an interdisciplinary approach is needed that integrates legal, psychological and gender aspects, as well as strengthening psychosocial rehabilitation as part of restorative justice.
Eksistensi Putusan Penyelesaian Sengketa oleh Komisi Informasi Provinsi Jambi dalam Pemenuhan Hak Memperoleh Informasi Publik
The dispute resolution decision by the Information Commission is expected to encourage the emergence of information disclosure by Public Agencies that previously did not provide access to Applicants who needed the information. Considering that previously the Applicant had gone through the procedures and the length of time determined by law from submitting an application to the targeted Public Agency, submitting an objection to the Superior of the Public Agency concerned to the request for dispute resolution at the Jambi Provincial Information Commission, among others. The purpose of this study is to determine how the existence of the dispute resolution decision by the Jambi Provincial Information Commission on the fulfillment of the Applicant's right to obtain public information. This research is normative juridical with an approach of 43 decisions of the Jambi Provincial Information Commission from 2022 to 2024. The data was collected through a study of decision documents and analyzed qualitatively. The results show that most of the dispute resolution decisions provide a large space for the fulfillment of the Applicant's right to obtain the necessary information. Various information that was previously closed to the applicant is declared through the decision as open information. And of the decisions rejecting the application, which is also quite a large number, most of the reasons are because the dispute application submitted by the applicant is not within the scope of the Information Commission's authority. In other words, only a small part of the rejection decisions are because they confirm the decision of the Public Agency that refused to provide the information requested by the Applicant.
Peranan Komite Olahraga Nasional Indonesia Provinsi Jambi dalam Pembinaan dan Pengembangan Olahraga Panahan
Sport is a basic need for every human being and plays an important role in life. Physical activity is a characteristic of life, indicating that every individual needs movement for health and well-being. In this context, the role of the Indonesian National Sports Committee (KONI) in developing sports activities. One of the sports that cannot be ignored is archery, which has the potential to achieve proud achievements at the national and international levels. This study aims to analyze the role of KONI in developing archery athletes in Jambi Province, to unravel the obstacles faced in the coaching process, and to find solutions to overcome these obstacles. In this study, the method used is empirical juridical with a Socio-legal research approach. From the results of the study, it was concluded that KONI has made efforts to develop archery athletes, but has not been optimal. The obstacles faced are limited training facilities and infrastructure, which are caused by a lack of budget and minimal funding, less than optimal program assistance. Efforts made by KONI Jambi Province are to improve the budget system by submitting a budget plan in accordance with Regional Regulations, so that the needs of sports facilities and infrastructure can be met properly, it is important to plan independent funding sources for KONI. This study also recommends several strategic steps for KONI to support its role in the development and development of archery in an effort to increase the achievements and number of athletes at various levels, so that the achievements can be maximized.
Analisis Peran Polri Saat Negara dalam Keadaan Darurat Militer
Polri's main responsibilities are to uphold public security and order, enforce the law, and provide protection and services to the public. During martial law and wartime, Polri functions as a State Defense Resource to carry out state defense operations. This study seeks to explain the function of Polri during Martial Law, drawing lessons from the implementation of Martial Law in Aceh. The Polri has a dual role, particularly a special function in assisting military operations, with deployment through mobilization to augment and improve the strength and capabilities of the TNI. Polri's role is to enforce the law and maintain security in areas under martial law, by ensuring compliance with applicable laws and regulations. This research utilizes a data collection strategy that involves information gathered through interviews and document analysis from various relevant sources. The conclusion that can be drawn is that it is imperative to consider the future role of Polri in the context of martial law and states of emergency, with regard to the regulation of duties, powers, and responsibilities, as well as the strategies employed by Polri. Effective law enforcement can provide a deterrent effect, suppress insurgents, and simultaneously gain legitimacy and public support. This research aims to enable Polri to participate in the implementation of Military Operations in the future.
Implikasi Psikologi Forensik dalam Proses Asesmen dalam Pembuktian Tindak Pidana Narkotika
This study examines the application of forensic psychology in the assessment process for proving narcotic crimes in Indonesia, focusing on its contribution to justice and the accuracy of legal decisions. Forensic psychology, as a discipline integrating psychological principles into the criminal justice system, plays a crucial role in analyzing the psychological condition of perpetrators, including their motives, mental capacity, and level of narcotic dependency. This approach employs techniques such as clinical interviews, behavioral observations, and psychometric tests like MMPI and WAIS to produce reports that support courtroom evidence. The study adopts a normative juridical method with statutory, case, and conceptual approaches, referring to Law Number 35 of 2009 on Narcotics and related regulations. Findings indicate that forensic psychology enhances the objectivity of legal decisions by providing insights into psychological factors influencing perpetrators’ behavior, such as addiction or mental disorders, thus supporting restorative justice approaches. Additionally, forensic psychological assessments assist judges in distinguishing between perpetrators acting with full awareness and those influenced by external pressures, such as coercion or exploitation, commonly seen in drug courier cases.
Implementasi Perubahan Tata Ruang Kawasan Tambang dalam Rangka Kepastian Hukum di Provinsi Jambi
Regional Spatial Planning (RTRW) serves as a guideline for policy development, including long-term regional development plans, medium-term regional development plans, industrial development plans, and investment implementation in the region Law Number 15 of 2019. The establishment of the RTRW in the form of regional regulations (PERDA) provides a strong legal basis for regional governments to direct development, maintain environmental sustainability, prevent conflicts due to overlapping land use, and support sustainable economic growth without neglecting ecological aspects, as well as creating a balance between development and environmental preservation. In an effort to achieve the goals of the state, national development is carried out by all components of the nation and in its implementation there have been two changes to the spatial planning policy of Jambi province since the enactment of Jambi provincial regulation number 9 of 1993The Jambi Province spatial planning plan is no longer in line with regional, economic, political, and environmental developments, resulting in a decline in the quality of space in the Jambi Province region. The research method used is normative juridical, namely a study that focuses on legal norms, legal principles, and legal systems related to the issues discussed. The research findings show that changes in the spatial planning of mining areas in Jambi Province are the result of a complex interaction between internal and external factors, including economic, policy, environmental, social, and the dynamics of national spatial planning law. Internal factors such as the potential for large coal resources, limited logistics infrastructure, and the need for mining infrastructure development have driven changes in the spatial structure and spatial patterns of the region. Furthermore, enforcing compliance with spatial planning is key to directing mining activities to comply with sustainability principles and applicable laws.
Legalisasi Aborsi Bagi Korban Perkosaan dalam Perspektif Hak Asasi Manusia (HAM)
Legalizing abortion for rape victims is meant to improve the legal policy and enforcement of better and more accommodative to the protection of the victims of rape. Unborn babies also have the right to life. These differing perspectives on these two human rights have sparked much debate in society. This research is a normative legal analysis aimed at identifying legal concepts and doctrines related to the legalization of abortion for rape victims from a human rights perspective. The research approaches used in this study are the statute approach and the conceptual approach. The research approach used in this study is a statute approach and a conceptual approach. Research results (1) the government has issued regulations regarding the legalization of abortion for rape victims but does not have strong legal certainty. (2) The rights of women and the right of the fetus to life are equally protected by the laws of Indonesia. In the case of legalization of abortion for rape victims, the State applies the concept of limitation to the fulfilment of the right to life of the fetus, under the terms and conditions established by the Act governing the conditions and conditions permitted for abortions for the victims of rape.
Perlindungan Hukum Konsumen Atas Praktik Overclaim Iklan Produk Skincare di E-Commerce Dihubungkan dengan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen
Overclaim occurs when business actors convey excessive or factual information in product promotions, thus misleading consumers and violating the principles of transparency and honesty in trade. In the skincare industry on e-commerce platforms, this practice is increasingly widespread along with high market competition. Consumers are often disadvantaged because they do not have adequate ability to verify the truth of product claims. This study aims to examine the form of legal protection provided to consumers, as well as to examine the responsibilities of business actors based on the provisions of Law Number 8 of 1999 concerning Consumer Protection. The method used is qualitative with a normative legal approach, which focuses on literature studies and analysis of relevant laws and regulations. The findings in this study indicate the need to strengthen the legal protection system, both preventively through advertising monitoring mechanisms, and repressively through the application of strict legal sanctions. The active involvement of e-commerce platforms is also key to creating effective consumer protection in the digital space.
Perjanjian Jual Beli Tanah Berdasarkan Hukum Adat di Desa Sungai Sayang Kecamatan Sadu Kabupaten Tanjung Jabung Timur
This study aims to explore and analyze the implementation of land sale and purchase agreements based on customary law in Sungai Sayang Village, Sadu Subdistrict, Tanjung Jabung Timur Regency, as well as to examine the legal strength of such agreements from the perspective of national law. In customary communities, land transactions are not only guided by formal legal principles but are also deeply rooted in local norms and traditions that have been passed down through generations. This research employs an empirical juridical approach using qualitative methods. Data were collected through interviews with traditional leaders, village officials, and community members who have engaged in land transactions, as well as through a review of relevant documents. The findings reveal that land sale and purchase processes in Sungai Sayang Village are typically conducted orally, witnessed by customary leaders and local witnesses, and accompanied by symbolic gestures as a sign of a valid agreement. Although unwritten, such agreements are deemed legitimate and binding under customary law.However, from the perspective of national law, these agreements do not carry full legal force unless formalized through an authentic deed in accordance with applicable statutory regulations. Therefore, it is necessary to harmonize customary law with positive (national) law to ensure that community land rights are protected and future disputes are prevented
Perlindungan Hukum Hak Waris terhadap Anak Beda Agama dalam Perspektif Hukum Positif di Indonesia (Studi Kasus Putusan Mahkamah Agung Nomor: 1/Yur/Ag/2018)
Legal protection in the implementation of the distribution of inheritance of different religions and legal developments in the implementation of the distribution of inheritance of different religions. These are two different legal views regarding the inheritance rights of children of different religions. The choice of rules used depends on the event being experienced. Even though the two are different, they complement each other. According to the inheritance law of the Civil Code, heirs from different religions are not an obstacle, whereas in Islamic inheritance law, different religions are an obstacle as heirs. This research aims to analyze and compare legal regulations regarding the division of inheritance between children of different religions and heirs from the perspective of the Compilation of Islamic Law (KHI) and the Civil Code (KUH Perdata). Apart from that, analyzing the progress of the solution is also very important in solving this problem. So that the judge who has the right to decide the case has determined that children of different religions can obtain their rights through a mandatory will. The development of this decision has also been in effect since the enactment of Supreme Court decision No.1/Yur/Ag/2018. Children of different religions can obtain rights through a mandatory will based on a judge's decision. This decision can provide certainty to people who experience problems regarding the inheritance rights of children of different religions.