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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Penerapan Cyber Notary terhadap Keabsahan Akta Publisitas Untuk Pendaftaran Badan Hukum
The purpose of this study is to determine the regulations regarding the registration of legal entities when applied with a cyber notary and to understand the validity or proof of the publicity deeds created for the registration of legal entities thru a cyber notary. Cyber notary is a concept for the electronic execution of a notary's duties, which has sparked both support and opposition from various parties, including practitioners and researchers. This is a dynamic in the implementation of Cyber Notary in Indonesia. The research method used is normative juridical with an approach thru legislation. The research results indicate that the regulation regarding the registration of legal entities thru cyber notaries is based on Article 15 paragraph (3) of the Notary Office Law (UUJN), which allows notaries to obtain other authorities based on the provisions of the law. According to the Minister of Law and Human Rights Regulation (Permenkumham), the legal form of cyber notary is provided only for limited purposes, specifically for submitting applications to use the name of a legal entity, applications for legal entity approval, applications for legal entity announcement, and approval of amendments to the articles of association of a Limited Liability Company. Furthermore, the deed of publicity in the registration of legal entities thru a cyber notary still has strong and perfect evidentiary power, based on Article 15 paragraph (3) of the Notary Law and Minister of Law and Human Rights Regulation Number 2 of 2016 which regulates the registration of legal entities thru the Legal Entity Administration System (SABH) as an electronic legal entity administration service system.
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Perbuatan Pidana dan Pertanggungjawaban Pidana Pegawai Bank Badan Usaha Milik Daerah Atas Realisasi Kredit yang Menimbulkan Kerugian Keuangan Negara (Studi Putusan Pengadilan Negeri Medan No. 15/PID.SUS-TPK/2023/PN.MDN dan Putusan Pengadilan Negeri Medan No. 18/PID.SUS-TPK/2023/PN.MDN)
Issues concerning non-performing loans in government-owned banks (BUMN/BUMD Banks) are frequently framed as acts of corruption by attributing the problem to errors committed by bank employees in conducting credit analysis and/or credit realization, and by linking such errors to the financial resources of BUMN/BUMD banks originating from separated state assets. This study aims to examine the procedures for credit realization in banks, the relationship between banking crimes and corruption in relation to credit realization in BUMD banks and the corresponding criminal liability, as well as to analyze the Medan District Court Decisions No. 15/Pid.Sus-TPK/2023/PN.Mdn and No. 18/Pid.Sus-TPK/2023/PN.Mdn. The research method employed is normative juridical, with data collected through literature study. The findings indicate that credit realization procedures in banks are governed by the Banking Law, Banking Principles, and each bank’s internal regulations. Errors committed by BUMD bank employees in conducting credit analysis which are deemed to deviate from internal regulations, as examined in Medan District Court Decisions No. 15/Pid.Sus-TPK/2023/PN.Mdn and No. 18/Pid.Sus-TPK/2023/PN.Mdn, are not appropriately categorized as acts of corruption, given that other areas of law—namely civil law—remain applicable, thus invoking the ultimum remedium principle of criminal law. Furthermore, even if civil law cannot be applied, the conduct of the BUMD bank employees in question would be more appropriately classified as banking crimes in accordance with the lex specialis systematische principle. Consequently, the imposition of criminal liability for corruption is inappropriate; instead, criminal liability should more properly be directed toward banking crimes.
Pertanggungjawaban Perdata Perseroan Terbatas Global Elektrik terhadap Pengguna Lampu Visalux Light Emitting Diode di Kota Jambi
This study examines the civil liability of Global Elektrik Limited Liability Company towards Visalux Light Emitting Diode Lamp Users in Jambi City. In the sales and purchase agreement between PT. Global Elektrik through 125 stores in Jambi City to customers, there are several complaints that arise regarding Visalux Light Emitting Diode lamp products that are claimed not to function properly. For this reason, further research is needed regarding the form of civil liability of PT. Global Elektrik to Users, what are the obstacles in implementing the civil liability and how to resolve the obstacles faced in implementing the civil liability of PT. Global Elektrik. The method in this study is a sociological juridical method with a descriptive study approach and a social approach. The research materials are in the form of primary, secondary, and tertiary legal materials with data collection techniques using interview techniques and document studies. Regarding the research in question, it is known that PT Global Elektrik is responsible for hidden defects in the lamps. The obstacles faced are related to proving the existence of hidden defects in the Visalux Light Emitting Diode lamps. Meanwhile, the form of responsibility from PT Global Elektrik is providing a guarantee, making replacements, and refunding the purchase price of the lamps, as well as providing souvenirs or compensation for users.
Politik Hukum Pidana terhadap Formulasi Sanksi Penggunaan Narkotika dalam Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika
Problems arising in criminal law policy related to the formulation of sanctions for drug users in Law Number 35 of 2009 concerning Narcotics include the lack of clarity in distinguishing between addicts and dealers, inconsistent application of penalties, and the lack of a rehabilitation approach as an alternative to criminal punishment. This often results in users who should be receiving treatment being imprisoned, making it difficult to achieve the goals of recovery and reducing social impacts. Furthermore, there are challenges in integrating an understanding of international law and developments in health sciences with existing regulations in Indonesia. The research method applied uses a legislative approach with a six-month activity plan. The scope or object of study in this research includes criminal law policy and the establishment of criminal sanctions for drug abuse. The legal materials used consist of primary, secondary, and tertiary legal materials. The research location is focused on the Indonesian jurisdiction, with data collection techniques in the form of document studies. Data analysis was conducted using qualitative analysis methods. The results of this study are the problem in the regulation in Law Number 35 of 2009 concerning Narcotics regarding the use of narcotics is the application of harsh penalties for narcotics cases in Indonesia often does not clearly differentiate between users and dealers, so that many users who should receive rehabilitation are instead imprisoned and increasingly experience negative stigma. Law enforcement is also often inconsistent because the authorities have difficulty distinguishing users from dealers due to the unclear definition of narcotics in the regulations and criminal law politics regarding the formulation of sanctions for the use of narcotics in Law Number 35 of 2009 concerning Narcotics is directed at creating a balance between firm legal action to overcome narcotics abuse and providing rehabilitation opportunities for addicts in order to reduce the number of circulation, reduce negative impacts and save the younger generation from the dangers of narcotics more effectively and holistically.
Urgensi Revisi Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Terkait Pemanfaatan Ganja Untuk Kepentingan Medis
Law Number 35 of 2009 concerning Narcotics needs to be revised to legalize the use of medical marijuana as an alternative medical therapy, in order to provide legal certainty for doctors and expand access to treatment for patients based on scientific evidence. This study aims to analyze inconsistencies in the current law and formulate criminal law policies related to the revision of Law Number 35 of 2009 concerning Narcotics. This research method uses a prescriptive approach with a six-month activity plan. The object of the study is the inconsistency between Article 8 of Law Number 35 of 2009 concerning Narcotics and the need for access to medical marijuana treatment. The legal sources used include primary, secondary, and tertiary legal materials. The study was conducted in Indonesia with qualitative analysis. The results of this study are: The inconsistency between Article 8 of Law Number 35 of 2009 concerning Narcotics and the need for access to medical marijuana treatment is a significant issue. This regulation aims to prevent drug abuse, but there is demand from the medical community and patients for research and the use of medical marijuana. Revision of the law is needed so that the use of medical marijuana can be carried out legally, providing legal certainty for health workers and patients.
Aspek Hukum Paralegal Militer dalam Tugas Pokok Prajurit TNI AD Korps Hukum Militer
The development of a military paralegal system within the Indonesian Army (TNI AD) is a strategic step to address the challenges of providing prompt and effective legal assistance, particularly in remote units or operational areas. Military paralegals, consisting of military personnel with basic legal training, have the potential to play a crucial role in supporting the duties of the Military Legal Corps (CHK), including providing legal assistance, managing legal administration, and providing legal education to soldiers. Although Law Number 16 of 2011 concerning Legal Aid and TNI Commander Regulation Number 46 of 2023 provide the legal basis for providing legal assistance, the absence of specific regulations regarding military paralegals in Indonesia creates gaps in the military legal system. Military paralegals play a role in supporting law enforcement, protecting soldiers' rights in accordance with the principle of due process of law, and strengthening the professionalism of the military legal system. Comparative studies with paralegal systems in other countries, such as the United States, demonstrate the need for structured education, certification, and strict oversight to ensure the efficiency and accountability of paralegals. Recommendations include the development of specific regulations, the development of a training curriculum, and the integration of paralegals into the CHK structure. With proper implementation, military paralegals can be a crucial element in strengthening justice and professionalism within the Indonesian military legal system.
Problematika Penjatuhan Sanksi Pidana terhadap Anak dalam Kasus Penyalahgunaan Narkotika
Drug abuse among children is a multidimensional issue that requires a legal response that is sensitive to the principle of the best interests of the child. This study examines the issue of imposing criminal sanctions on children who abuse drugs, focusing on efforts to harmonize the Child Protection Law and the Narcotics Law and the application of the concept of restorative justice. Based on a normative legal research method with a legislative and conceptual approach, this study examines various regulations, court decisions, and relevant legal literature. The findings show a gap between the rehabilitative principle mandated by the Child Protection Law and the practice in the field, which is still predominantly oriented towards punishment. Although diversion mechanisms and restorative justice have been prioritized, their implementation is still hampered by the low level of understanding among law enforcement officials, limited rehabilitation facilities, and strong social stigma. Synchronization between the repressive nature of the Narcotics Law and the protective orientation of the SPPA Law has not been optimally achieved, resulting in inconsistencies in the application of sanctions. This study concludes that there is a need to reformulate policies that place rehabilitation as the main focus, strengthen the capacity of officials in restorative justice, develop community-based rehabilitation models, and improve coordination among stakeholders. The recommendations proposed include revising regulations on diversion, establishing special rehabilitation institutions for children, and implementing public education programs to reduce social stigma. Consistent application of the principle of the best interests of the child is expected to create a more protective and rehabilitation-oriented juvenile justice system.
Kepastian Hukum Eksekusi Pidana Mati dalam Perspektif Pasal 100 KUHP 2023
This study aims to analyze the provisions and legal implications of Article 100 of the 2023 Criminal Code regarding the implementation of the death penalty in Indonesia, particularly in terms of legal certainty. Article 100 introduces a ten-year probation period for those sentenced to death, allowing for the conversion of the sentence to life imprisonment or 20 years if the convict demonstrates commendable behavior and actions. This policy raises questions about the consistency of court decisions, the predictability of sentence enforcement, and the authority of law enforcement agencies. The research uses a normative legal method with a legislative, conceptual, and analytical approach. The legal materials consist of the 2023 Criminal Code, the old Criminal Code, Constitutional Court decisions, academic literature, and related legal sources. The analysis was conducted qualitatively through the inventory and interpretation of legal norms. The results of the study show that Article 100 of the 2023 Criminal Code brings about a paradigm shift by placing the death penalty as a special punishment that is alternative and humanistic in nature. However, four main issues were found: potential legal uncertainty, the absence of objective standards in evaluating good behavior, the lack of synchronization between court decisions and the implementation of executions, which depend on administrative decisions, and the increasing burden on correctional institutions. Therefore, derivative regulations are needed to establish evaluation standards, oversight mechanisms, and inter-agency coordination so that the goal of humanizing the death penalty can be achieved without reducing legal certainty.
Pertanggungjawaban Notaris terhadap Isi Akta Autentik yang tidak Sesuai dengan Fakta
The purpose of this research is to analyze the forms of liability that can be imposed on a Notary if the contents of a deed they draft are proven to be inconsistent with the actual facts. A Notary's authority to draft authentic deeds is always accompanied by inherent legal liability, even after the Notary retires, as stipulated in Law Number 2 of 2014. In practice, errors in drafting deeds can occur either intentionally or through negligence, ultimately potentially causing losses to the parties. This situation raises questions about the extent of a Notary's liability for such errors. This study uses a normative juridical method with a statute approach. The results indicate that a Notary can be held accountable if proven to have committed an error that causes losses, whether due to negligence or intent, including general, civil, administrative, and criminal liability. If a Notary intentionally drafts, cooperates in the drafting of, or signs a forged deed, the Notary may be subject to criminal sanctions for their involvement in the act of forgery.
Albertus Agung Hagai Beni Parhualar Sidauruk
Model Ideal Penerapan Kebijakan Kompensasi dan Ganti Kerugian terhadap Masyarakat yang Terdampak Proyek Strategis Nasional dalam Pembangunan Berkelanjutan
Infrastructure development is currently being increasingly implemented by the Government of the Republic of Indonesia, and a Presidential Regulation of the Republic of Indonesia has been issued concerning the National Medium-Term Development Plan for 2025-2029 which regulates the National Strategic Projects (PSN), as the basis for infrastructure development included in the PSN from 2025-2029. The stages in the PSN are, Land Acquisition for Development in the Public Interest, where these stages must pay attention to fair compensation to affected landowners with the aim of supporting sustainable development and improving the quality of life of the community. The purpose of this study is to determine the application of compensation and compensation policies to communities affected by PSN and the ideal model for implementing compensation and compensation policies to communities affected by PSN in sustainable development. The methods used include the statute approach and the conceptual approach. The results of this study are that the ideal compensation model must be based on a Human Rights-based approach that emphasizes four pillars: justice (adequate and multi-form compensation value), protection (guarantee of no coercion, no criminalization, and special protection for indigenous peoples and vulnerable groups), participation (active involvement since planning, transparency of assessment data, and equality of bargaining position), and remediation (independent appeal mechanism, execution bond, and revocation of the location if the project is canceled so that the land can be reused).
Penanggulangan Tindak Pidana Pemerasan di Wilayah Hukum Kepolisian Sektor Pelayangan Kota Jambi
Criminal behavior in society takes many forms, one of which is extortion. In general, extortion involves the act of demanding something by force, either through violence or threats. This includes forcing someone to hand over their belongings in whole or in part, or to accumulate debt or write off receivables, with the intention of benefiting oneself or others at the expense of their rights. The coercive aspect of extortion usually involves the use of violence or violent intimidation. The legal framework governing extortion was regulated in Article 368 of the Criminal Code before the enactment of Law Number 1 of 2023, which established the new Criminal Code. Extortion in a society can result in various losses, including material and non-material losses. Furthermore, this criminal act can endanger the safety of individuals. Eradicating crime is a logical effort by officials and members of society to address this problem and promote shared prosperity. Therefore, preventive measures are crucial to prevent criminal activity, especially related to the extortion crime examined in this study, which is related to the Jambi City Police Service Sector. This study employs an empirical legal methodology, utilizing a socio-legal approach. Data for this study comes from fieldwork, which involves direct information collection through observation or investigation. The findings of this study indicate factors contributing to the prevalence of extortion crimes within the Jambi City police jurisdiction. These factors include economic factors, such as the perpetrators' lack of employment and steady income; environmental factors, such as the influence of their surroundings; and personality factors, such as laziness to find work and supplement their income; a lack of faith; a lack of sound decision-making ability; and a thuggish nature.
Penyalahgunaan Narkotika Oleh Remaja di Kota Jambi dalam Perspektif Kriminologi
This study aims to determine the factors that cause drug abuse by adolescents in Jambi City and to determine law enforcement in narcotics abuse by adolescents in Jambi City. this type of research is empirical juridical. The result of the research is that the factors that cause adolescents to abuse narcotics in Jambi City cannot be separated from parental control, because parents should protect, educate and provide a decent life both in terms of physical and psychological needs. Parents are expected to supervise and educate their children to always stay away from drug abuse. By providing religious education and general education. The young generation is the backbone of the nation and state. Law enforcement is carried out in overcoming narcotics abuse by teenagers, namely by conducting investigations, investigations and rehabilitation. In practice, law enforcement carried out in Jambi City with all the obstacles experienced, is sufficient in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. However, the Jambi City Police in handling cases of drug abuse committed by children have never been done by diversion. In addition to settlements that are not diverted, juveniles who are in the judicial process are not detained, either at the stage of investigation, investigation, and prosecution. The child awaits the court's decision by making a mandatory report, with parental guarantees that the child's presence, the obligation to report, do not run away, and do not damage the evidence.
Keabsahan Keputusan Badan Kehormatan Dewan Perwakilan Rakyat Daerah Kabupaten Subang Tanpa Kode Etik dan Tata Beracara
The Honorary Council of the Regional People's Representative Council (BK DPRD) is an institutional body mandated to uphold the integrity, morality, and ethics of council members in accordance with the principles of good governance. Issues arise when the BK DPRD of Subang Regency renders decisions without referring to the legally binding Code of Ethics and Procedural Rules, which should serve as the formal framework for ethical enforcement. This study aims to analyze the validity of BK DPRD’s decisions made without these normative foundations and to assess their implications for legal certainty and institutional legitimacy. The research applies a normative juridical method combined with statutory and sociological approaches. The findings reveal that any decision issued by the BK DPRD without the Code of Ethics and Procedural Rules lacks legal force and violates the principles of justice and legal certainty. Therefore, institutional reform and the establishment of comprehensive internal regulations within the DPRD are essential to ensure legal accountability, procedural fairness, and ethical integrity in legislative governance.
Pertanggungjawaban Pidana terhadap Pelaku Tindak Pidana Perdagangan Orang
This study aims to discussone type of crime, namely human trafficking. This study uses a normative juridical research method, using literature analysis and secondary datacovering primary legal materials, secondary legal materials, and tertiary legal materials. The results of this studyshow that the Human Trafficking Law provides astrong legal basis. It explicitly formulates various elements of the crime ofhuman trafficking along with severe criminal sanctions. Criminal liability is not only given to the main perpetrator butalso to those who participate in the crime. However, one issue that often poses a challenge is the lack of in-depth understandingby law enforcement officials regarding the nature and complexity of the crime ofhuman trafficking. Therefore, continuous training forlaw enforcement officials and technical capacity building for investigators in maximizing the use ofthe articles on the crime of human trafficking are needed.
Tinjauan Hukum Atas Kepemilikan Senjata Tajam oleh Anak di Bawah Umur
The purpose of this study is to determine how legal regulations deal with the possession of sharp weapons by minors, as well as the appropriate way to apply criminal sanctions. In this study, legislative, conceptual, and case approaches were used. Primary, secondary, and tertiary legal materials were analyzed qualitatively through normative analysis. The results of the study show that Emergency Law Number 12 of 1951 regulates the possession of sharp weapons. This law prohibits anyone from possessing or carrying sharp weapons without a permit. However, Law No. 11 of 2012 concerning the Juvenile Criminal Justice System and Law No. 35 of 2014 concerning Child Protection must be applied when the perpetrator is a minor. Both laws emphasize the best interests of the child and the principle of restorative justice. Therefore, the focus of handling is diversion, guidance, and rehabilitation, and judges must consider the age, psychological condition, and social circumstances of the child.
Implikasi Hukum Dan Penilaian Itikad Baik pada Debitor yang Melakukan Pembayaran Utang pada Proses Permohonan PKPU
This research examines the legal implications and assessment of the good faith of debtors who engage in selective debt repayment during the application process for Suspension of Debt Payment Obligations (PKPU) as regulated under Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations in Indonesia. Employing a normative legal research method with conceptual and statutory approaches, this research analyzes the PKPU mechanism as a collective effort to restructure debt grounded in the pari passu principle among creditors. The main issues addressed include whether the partial repayment to one creditor can annul a PKPU petition that has entered the judicial process, and how the debtor’s good faith is evaluated in cases of selective repayment. The findings indicate that partial settlement to a single creditor does not nullify the PKPU petition, as the PKPU process mandates collective resolution and equality among creditors. Selective payments without the consent of all creditors or the court may constitute an abuse of process contrary to the objectives and fundamental principles of PKPU. This study underscores the necessity for legal certainty and regulatory reinforcement to protect creditors’ rights and prevent misuse of the PKPU procedure for unilateral debtor interests.
Kajian Normatif terhadap Sanksi Administratif Atas Pelanggaran Tata Tertib Narapidana di Lembaga Pemasyarakatan Kelas I Medan
The Penitentiary serves as an institution responsible for inmate guidance and security, thus requiring the implementation of internal regulations as a means of maintaining order. The overcrowding condition in Medan Class I Penitentiary increases the potential for disciplinary violations and the need for structured administrative enforcement. This study aims to describe the regulation of inmate conduct, the legal consequences arising from disciplinary violations, and the implementation of administrative sanctions within the institution. The research applies a normative juridical method by reviewing statutory regulations and secondary legal materials, analyzed qualitatively through a descriptive approach. The results indicate that inmate disciplinary rules are regulated systematically under existing legal provisions and violations lead to administrative sanctions such as warnings, restriction of rights, solitary confinement, and disciplinary registers which affect the inmate's eligibility for remission and reintegration rights. The application of administrative sanctions in Medan Class I Penitentiary is carried out through procedural examination by the Penitentiary Observer Team and generally complies with legal standards despite being influenced by overcrowding conditions. The study concludes that administrative sanctions function as instruments of rehabilitation and behavioural control to ensure the security and stability of the penitentiary.
Analisis Yuridis Kedudukan Majelis Rakyat Papua (MRP) dalam Sistem Pemerintahan Papua
The Papuan People's Assembly (MPR) is a cultural representation institution established within the framework of Papua's special autonomy to protect the rights of indigenous Papuans and uphold customary, religious, and women's values in regional governance. This study aims to analyze the legal standing of the MRP, the implementation of its authority, and the challenges of strengthening its role in the Papuan government system. The method used is normative legal research with a statutory, conceptual, and analytical approach. Legal materials were obtained through a literature review of relevant laws and regulations, scientific literature, and legal documents, then analyzed qualitatively through legal interpretation and juridical argumentation. The results of the study indicate that normatively, the MRP has a strategic position as a special institution that functions to provide consideration, approval, and protection for the rights of indigenous Papuans. However, in practice, the implementation of its authority has not been optimal due to its consultative nature, overlapping institutional relations, limited capacity, and the influence of politics and regional expansion policies. This study concludes that strengthening the role of the MRP requires regulatory refinement, increased institutional capacity, strengthened independence, and the establishment of more effective coordination so that the goals of special autonomy in Papua can be realized in a just and democratic manner.
Perlindungan Hukum terhadap Anak Dari Bahaya Perbuatan Child Grooming
This study aims to analyze regulations on child grooming and to understand and strengthen legal protection for children from the threat of sexual violence and exploitation, especially child grooming, given the increasing threat of child grooming in Indonesia. The type of research used by the author in this study is normative juridical using a statute approach. The results of the study show that cases of child exploitation originating from cyber grooming involving online media continue to rise steadily. Criminal activities in cyberspace include child sexual abuse/exploitation material, sexual extortion, sexting, live online sexual abuse, and child grooming. Child grooming itself is a process of deception used by sexual abusers to manipulate the minds of minors for the purpose of carrying out practices such as pornography, sexual violence, and indecent acts. Efforts to protect children have been made through various policies and programs to prevent violence, protect victims, and address the negative impacts caused. The Indonesian government has adopted various legal instruments and their implementing regulations to ensure the protection of children from all forms of violence.
Urgensi Pidana Mati Sebagai Pidana Utama dalam Kitab Undang-Undang Hukum Pidana Militer
In the Military Criminal Code (KUHPM), the death penalty is still placed as the main punishment, this is regulated in Article 6 letter a point 1, while in the 2023 Criminal Code (KUHP), the death penalty is no longer placed as the main punishment, but rather as a special conditional punishment. Thus, a debate arose regarding the relevance of the death penalty in the Military Criminal Code. In the 2023 Criminal Code, the death penalty is no longer absolute, but can be converted to life imprisonment after a 10-year probationary period. This indicates a shift in the orientation of national criminal law from retributive to rehabilitative. The inconsistency between the KUHPM and the 2023 Criminal Code gave rise to the idea of reviewing the existence of the death penalty as the main punishment in the KUHPM. This study aims to analyze how the concept of the death penalty in the 2023 Criminal Code impacts the military justice system due to the special nature of military criminal law. This study uses normative methods to evaluate the relevance of the death penalty in the Criminal Code (KUHPPM) and the impact of the revised concept of the death penalty in the 2023 Criminal Code on the military criminal justice system. The results show that, despite facing human rights criticism and a more humanistic approach to legal reform, the death penalty in the KUHPM remains highly relevant for safeguarding national defense interests.
Penegakan Hukum Kasus Lowongan Kerja Fiktif Berdasarkan Undang-Undang Nomor 21 Tahun 2007 Tentang Pemberantasan Tindak Pidana Perdagangan Orang
This study examines the increasing cases of human trafficking carried out through the modus of fake job vacancies in Indonesia. The purpose of this research is to assess the implementation of law enforcement in handling such cases and to evaluate the effectiveness of both preventive and repressive measures taken by the relevant authorities. The study employs a normative juridical method with a statutory and case approach, complemented by interviews with prosecutors to obtain practical insights into enforcement mechanisms. The findings indicate that preventive efforts include public awareness campaigns, the enhancement of digital literacy, and stricter supervision of online job advertisements. Meanwhile, repressive measures are implemented by prosecuting perpetrators under Law Number 21 of 2007 on the Eradication of the Crime of Human Trafficking. However, obstacles remain, particularly in the form of suboptimal interagency coordination and insufficient victim protection. This research concludes that effective law enforcement requires integrated cooperation between the government and society to ensure legal certainty and the fulfillment of victims’ rights.
Peran Keterangan Ahli Bagi Hakim dalam Memutus Perkara Tindak Pidana Lingkungan Hidup (Studi Putusan Nomor 71/PID.B/LH/2021/PN SNT)
Environmental crimes differ from general crimes because the object of evidence involves technical and scientific elements. Evidence is a crucial aspect of the trial process, as it is through this stage that a defendant's guilt or innocence is determined. In environmental cases, expert testimony is crucial as a bridge between the scientific and legal worlds. This study aims to analyze the role of expert testimony for judges in deciding environmental crime case No. 71/Pid.B/LH/2021/PN Snt. This research is normative research with a statutory, case study, and conceptual approach. The results indicate that, in handling environmental cases, an expert is held to a higher standard, given the central role of expert testimony in translating scientific findings into legal evidence. Although expert opinions are independent, judges are not bound to use them as the basis for their decisions; rather, the panel of judges follows the expert's opinion as a consideration in their decisions.
Penerapan Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja terhadap Izin Usaha Perkebunan Kelapa Sawit di Kawasan Hutan
The enactment of the Job Creation Law has currently sparked much controversy, especially among plantation entrepreneurs. The purpose of this study is to analyze the validity of oil palm plantation permits and the factors that hinder the implementation of Law Number 6 of 2023 concerning Job Creation. The research method used in this study is empirical, namely research that aims to examine the law in society. The results of the study state that the validity of oil palm plantation business permits that have been established within forest areas after the enactment of Law Number 6 of 2023 concerning Job Creation is threatened with no longer being valid. What factors hinder the implementation of Law Number 6 of 2023 concerning Job Creation for oil palm plantation business permits that have been established in forest areas consist of several factors, namely: legal substance factors, legal structure factors, legal culture factors. Procedures for resolving oil palm plantations that have been established and have business permits within forest areas that can be applied to resolve this problem can be achieved in two ways: non-litigation and litigation.
Perlindungan Hukum terhadap Anak Sebagai Korban Kekerasan Seksual Berbasis Elektronik Berdasarkan Hukum Positif Indonesia
Cases of electronic-based sexual violence (KSBE) are increasing in the digital age, resulting in serious psychological and social impacts, especially for children as victims. This study aims to understand the legal protection for child victims of KSBE based on Indonesian positive law and to understand how the law responds to such crimes. The research method used is normative research with a legislative and conceptual approach. The results show that Indonesian positive law has a significant legal protection framework for child victims of ESV, including the Child Protection Law, the Sexual Violence Criminal Law, and other related regulations. The legal protection provided covers various aspects, including health services and psychosocial assistance, the right to protection in the judicial process, the right to restitution, and the right to the removal of sexual content. The penalties include imprisonment and fines with various ranges, adjusted to the level of violation, in accordance with relevant legal regulations. However, even though this legal framework is in place, its implementation still faces challenges, such as a lack of understanding among law enforcement officials and incomplete implementing regulations. Therefore, this study also provides policy recommendations to strengthen legal protection for child victims of KSBE.
Implementasi Peraturan Mahkamah Agung (PERMA) Nomor 1 Tahun 2016 Tentang Prosedur Mediasi di Pengadilan Agama Kota Jambi yang Efektif dan Berkeadilan
This study aims to analyze the implementation of Supreme Court Regulation (PERMA) Number 1 of 2016 regarding mediation procedures at the Religious Court of Jambi City from the perspective of effectiveness and justice. The research employs a normative juridical method with statutory, conceptual, and case approaches. The findings indicate that although the substance of the PERMA is clear and the structural mechanisms are in place, the main challenges lie in legal culture and mediation practices that still need strengthening. A low level of legal culture affects the compliance of the parties involved, resulting in suboptimal mediation outcomes. This study recommends enhancing socialization, improving mediator professionalism, and strengthening legal culture to make mediation more effective and just.
Penanggulangan Anak Didik Pemasyarakatan yang Melarikan Diri dari Lembaga Pemasyarakatan Kelas II A Jambi
One of the main functions regulated in Law Number 22 of 2022 concerning Corrections is the security function, which aims to prevent correctional students from escaping from correctional institutions. Escapes by correctional students and detainees, both from correctional institutions and state detention centers, are a frequent and recurring problem. Jambi Class IIA Prison is one of the technical implementation units of correctional institutions whose implementation practices also face various challenges. Prisoner escapes are influenced by various factors, including limited security personnel, the physical condition of buildings and security facilities, overcrowding, and psychological factors related to the uncertainty of the legal process. Although the correctional system in Indonesia has been regulated normatively and has undergone regulatory updates, in practice, the strategic role of correctional institutions has not been fully optimal, particularly in terms of prisoner security. This study uses an empirical juridical research type with a socio-legal research approach. Efforts to address the escape of correctional students from the Class II A Jambi Penitentiary are, in practice, predominantly carried out through administrative and preventive approaches, such as increased supervision, enforcement of rules, guidance for correctional students, and recapture of escaped correctional students. Obstacles in addressing escape of correctional students are influenced by structural and institutional factors, including limited number of correctional officers, suboptimal security facilities and infrastructure, and overcrowding.
Sertipikat Elektronik dalam Kebijakan Satu Peta dan Satu Data: Reformasi Digital Sistem Pertanahan di Indonesia
This research aims to analyze the role of the One Map Policy and the One Data Policy in enhancing the validity and accuracy of data for the issuance of electronic land certificates, as well as to examine how the implementation of electronic certificates contributes to improving legal certainty and the protection of land rights in Indonesia’s digital era. Using a doctrinal research approach supported by secondary data, including laws and regulations, books, journals, and articles, this study finds that the One Map Policy provides an integrated and standardized geospatial data foundation that ensures spatial accuracy in electronic certificates. Meanwhile, the One Data Policy ensures the consistency and validity of data related to rights holders and ownership history. The combination of these two policies is essential to creating credible electronic certificates and reducing the potential for future disputes. Furthermore, the study identifies that the implementation of electronic certificates can improve the efficiency and transparency of land administration services, thereby strengthening legal certainty and protecting land rights from risks of loss, damage, and forgery. Nevertheless, challenges such as the digital divide, the need for data harmonization, and regulatory refinement must be addressed to optimize the implementation of the electronic certificate system across Indonesia.
Implementasi Kebiri Kimia terhadap Pelaku Kejahatan Seksual Anak Ditinjau dari Hukum Pidana dan Hak Asasi Manusia
The rising number of sexual violence cases against children has prompted the state to introduce chemical castration as an additional penalty within Indonesia’s criminal justice system. This policy has generated debate because it lies between the need to protect children and the state’s duty to uphold human rights. This study examines the judicial considerations in District Court Decision No. 5/Pid.Sus/2022/PN Bjm, which imposed chemical castration on a perpetrator of child sexual violence, and evaluates its application from the perspectives of criminal law and human rights. This research adopts a normative juridical method using statutory, conceptual, and case approaches by reviewing the 1945 Constitution, the Child Protection Law, Government Regulation No. 70 of 2020, the Human Rights Law, and relevant literature and case law. The findings show that the court imposed chemical castration based on the proven elements of the offense, the repeated nature of the acts, and the perpetrator’s position of authority as a stepfather. The policy is viewed as a preventive measure to reduce the risk of reoffending. However, its implementation raises human rights concerns due to potential interference with bodily integrity, inconsistency with medical ethics, and the absence of clear technical guidelines.
Implikasi Putusan Itsbat Nikah yang Melanggar Prinsip Ultra Petita (Analisis Perkara Nomor 282/PDT.G/2020/PA.BJB JO. 40/PDT.G/2020/PTA.BJM)
Unregistered polygamy which occurred prior to the enactment of 1974 Indonesian Marriage Law raises legal problems when inheritance disputes arise. This article mainly analyzes the problem on Case 282/Pdt.G/2020/PA.Bjb alongside with 40/Pdt.G/2020/PTA.Bjm. There are two main questions addressed in this article: (1) how the judges consider the law in determining the judicial confirmation of the marriage, and; (2) implications of the courts’ ruling on the temporal limit of the marriages towards the legal status of the children. The research on this article is done in using doctrinal legal research, using a case approach. The analysis shows that the Court has exceeded the scope of the petition (ultra petita) by setting a temporal boundary on the first marriages. This has direct implications towards the legal status of children born after that temporal limit. Accordingly, it is needed to apply maqashid syariah and progressive legal approach on deciding juridical confirmation cases.
Beban Pembuktian Tindak Pidana Korupsi Gratifikasi di Indonesia dalam Perspektif Sistem Peradilan Pidana
The purpose of this research is to determine and analyze the provisions of the burden of proof system for perpetrators of criminal acts of gratification in the Corruption Law. This is to determine and analyze future regulations regarding the burden of proof system for criminal acts of gratification corruption with the above objectives. The research method used is normative juridical, namely the statute approach, the case approach, and the conceptual approach. The research shows that the Corruption Law has not adopted a reverse burden of proof. As explained in the Law, the burden of proof remains on the defendant, but with the application of a balanced and limited burden of proof. Thus, the defendant must prove ownership of assets related to the public prosecutor's charges, not assets derived from the criminal act of corruption. The public prosecutor still requires evidence of receipt of gratification before starting the proof and proof is limited only to values of more than 10 million which must be proven by the public prosecutor first and then proven the opposite by the defendant. However, for values less than 10 million, the burden of proof remains entirely on the public prosecutor.
Penerapan Hukum terhadap Menerbangkan Balon Udara dalam Rangka Melakukan Tradisi Adat
Flying hot air balloons in East Javanese society is a custom before welcoming Eid al-Fitr, but in this case, this custom has the potential to be dangerous to public safety. The case of flying a hot air balloon that endangers an aircraft that will be studied in this research is a case of a hot air balloon flown by several people and is considered a criminal offense as has permanent legal force based on Court Decision Number 68 / PID.B / 2022 / PN Png and Decision Number 114 / Pid.B / 2022 / PN Mjy. The research method uses a normative method. The results of the study state that the legal regulation of flying hot air balloons within the framework of traditional traditions in Indonesia is regulated in the Minister of Transportation Regulation Number 40 of 2018, however, as the regulation is a ministerial regulation, its substance is limited to regulating the procedures for supervision and administration in flying hot air balloons. The qualifications for criminal acts that endanger aviation are according to Law Number 1 of 2009 concerning Aviation. As seen from Article 411 of the Law, it does not explicitly mention criminal provisions for the actions of people who fly hot air balloons. The judge's consideration in applying Article 411 in Decision Number 68/Pid.B/2022/PN Png and Decision Number 114/Pid.B/2022/PN Mjy considered that the defendants had endangered the flight by flying the hot air balloon.
Sanksi Pidana terhadap Kecelakaan yang Menyebabkan Matinya Orang di Perlintasan Sebidang Rel Kereta Api yang tidak Memiliki Palang
Road users must give trains precedence at level crossings between railway lines and highways, according to Law Number 23 of 2007 concerning Railways, Article 124. This implies that at certain level crossings, train drivers must prioritize trains. However, in practice, many level crossings lack safety barriers, increasing the likelihood of train accidents. The high number of accidents near railway crossings is also caused by various other reasons. The research methodology of this journal is normative. To understand, clarify, and assess legal concepts or principles, normative scholars examine legal documents, regulations and provisions, court decisions, legal theories, and legal literature. Train drivers who make mistakes, whether intentional or not, are subject to criminal sanctions as outlined in Article 361 of the Criminal Code, Article 358 of the Criminal Code, and Article 360 of the Criminal Code.
Potensi Chilling Effect dalam Delik Penghinaan Presiden di Era Digital: Sebuah Tinjauan Literatur Sistematis
The re-enactment of the presidential insult offense in Indonesia's new Criminal Code (Law No. 1 of 2023) has ignited a fierce debate regarding its impact on freedom of expression, particularly in the digital era. This study aims to identify, evaluate, and synthesize existing academic literature to analyze the potential chilling effect of Articles 218 and 219 of the new Criminal Code on public participation in the digital sphere. This research employs the Systematic Literature Review (SLR) method, adhering to the PRISMA protocol. A literature search was conducted across prominent academic databases using strict inclusion and exclusion criteria to ensure the relevance and quality of the reviewed studies. Thematic analysis of the selected literature reveals several key themes: (1) the normative ambiguity between 'insult' and 'criticism' as a primary source of legal uncertainty; (2) the role of digital media in amplifying the perceived legal risks for citizens; and (3) the ongoing debate on the effectiveness of its reclassification as a complaint-based offense in mitigating the chilling effect, given the asymmetrical power relations. In conclusion, despite its modification into a complaint-based offense, the consensus in the academic literature suggests that the presidential insult article retains a strong potential to create a chilling effect, which could ultimately stifle healthy democratic discourse in Indonesia.
Analisis Yuridis Keabsahan Akta Jual Beli Hak Atas Tanah Sebagai Dasar Perjanjian Utang-Piutang Berdasarkan Undang-Undang Nomor 4 Tahun 1996 Tentang Hak Tanggungan
In debt arrangements where property ownership certificates are illegally transferred to creditors or other parties as collateral, which is contrary to Law Number 4 of 1996 concerning Lien Rights, the transfer of land rights through a deed of sale and purchase is sometimes used as a form of legal trickery. This study aims to analyze the implementation of Law Number 4 of 1996 concerning Lien Rights in cases of changes in the designation of collateral objects carried out through a Deed of Sale and Purchase based on debt, as well as the legal implications for parties harmed by inaccuracies in individual debt processes involving collateral objects represented by certificates transferred to names related to the Deed of Sale and Purchase. This paper analyzes the legality and application of Law Number 4 of 1996 concerning Lien Rights through normative legal research. The research findings indicate that liens are the only legitimate source of collateral, so the use of a sale and purchase basis for the transfer of land rights in debt agreements is illegal. Decisions 75/Pdt.G/2016/PN.Krg and 46/PDT/2020/PT YKK indicate that issuing certificates to creditors without following mortgage procedures is detrimental to debtors and is considered null and void, thus creating legal risks. This study emphasizes the need to comply with Article 1320 of the Indonesian Criminal Code and the provisions of the Mortgage Law to provide justice and legal protection for all parties involved. Furthermore, to provide law enforcement authority to creditors and ensure clear legal protection for debtors, the certificate must be registered as a Mortgage Right at the Land Office. Consequently, incorporating mortgage rights into debt agreements can reduce legal ambiguity, increase legal clarity, and prevent losses.
Actio Pauliana Sebagai Bentuk Perlindungan Hukum Bagi Kreditor Konkuren dalam Kepailitan
Bankruptcy is a situation in which a debtor is declared unable to fulfill their debt obligations to their creditors. In this situation, creditors, especially concurrent creditors, are often in a weak position because they have no security rights over the debtor's assets. To protect their interests, bankruptcy law provides the Actio Pauliana mechanism, which is the right of the trustee or creditor to cancel the debtor's legal actions that are detrimental to creditors before the debtor is declared bankrupt. This study uses a normative legal method with an approach to relevant legislation and legal doctrine. The results show that Actio Pauliana serves as a means of legal protection for concurrent creditors so that assets that have been transferred illegally can be returned to the bankruptcy estate to be used in the fair repayment of debts. This mechanism also has a preventive function to prevent debtors from committing fraud prior to bankruptcy. However, the implementation of Actio Pauliana still faces obstacles, including proving intent to harm creditors, time limits for filing, and the weak position of concurrent creditors compared to separate and preferential creditors. Thus, the application of Actio Pauliana is an important instrument in realizing the principles of justice and equality in bankruptcy law in Indonesia.
Filsafat Ilmu Sebagai Sarana Berfikir Ilmiah dalam Ilmu Pengetahuan: Integrasi Perspektif Islam dan Maqāṣid Syarī‘Ah
The philosophy of science plays a fundamental role in shaping rational, systematic, and responsible scientific thinking. In the development of modern science, scientific thinking is often limited to a methodological-positivistic dimension and separated from the value dimension. This article aims to broaden the horizon of scientific thinking by integrating the philosophy of science with an Islamic perspective and the maqāṣid al-syarī‘ah (objectives of Islamic law). This research uses a library research method with a philosophical-normative approach and conceptual analysis. The results show that the philosophy of science functions as a meta-theoretical tool that guides the ontology, epistemology, and axiology of science. In Islam, scientific rationality is rooted in monotheism and driven by revelation, while the maqāṣid al-syarī‘ah serves as an axiological compass that ensures that science is oriented towards the benefit of God. This integration creates a scientific thinking paradigm that is holistic, ethical, and relevant to the challenges of contemporary science.
Tumpang Tindih Kewenangan Penyidikan dalam Reformasi Kitab Undang-Undang Hukum Acara Pidana dan Kejaksaan Berdasarkan Analisis Jus Constituendum
The reform of Indonesia's criminal law through the drafting of the Criminal Procedure Code Bill (RUU KUHAP) and the Prosecutor’s Office Bill (RUU Kejaksaan) has raised a serious issue concerning the overlapping authority of criminal investigation between the Indonesian National Police (Polri) and the Attorney General’s Office (Kejaksaan). While RUU KUHAP stipulates that the authority to investigate lies with the police, RUU Kejaksaan grants prosecutorial investigators the power to conduct investigations in specific cases without clear limitations. This regulatory disharmony leads to legal uncertainty, potential institutional conflicts, and the risk of abuse of power. This research is a normative juridical study using statutory and conceptual approaches. The data consist of primary legal materials such as the draft bills, relevant legislation, and secondary sources including academic journals, legal doctrines, and mainstream news reports. The analysis is conducted qualitatively with a descriptive-analytical method. The results of this study indicate that the lack of clear boundaries in investigative authority creates functional dualism and undermines the principle of due process of law. Therefore, normative and institutional reforms are necessary to emphasize functional differentiation, strengthen inter-institutional coordination, and ensure legal certainty, effective law enforcement, and the protection of human rights.
Tanggung Jawab Perusahaan Internet terhadap Kelalaian Pengadaan Prasarana Kabel Utilitas (Studi Kasus PT. Bali Towerindo Sentra Tbk)
Legal responsibility for the provision and management of utility cables in public roads has become a critical issue due to the increasing number of hanging cables that endanger road users and cause accidents. This study aims to analyze the legal liability of PT Bali Towerindo Sentra Tbk in the provision of utility cable infrastructure and to examine the forms of legal protection available to victims resulting from such negligence. The research applies an empirical or sociological legal research method using a field-based approach, supported by statutory analysis, observation, and interviews. The findings indicate that corporate liability has not been optimally enforced due to regulatory limitations, as the existing legal framework—namely the Regulation of the Minister of Public Works Number 20/PRT/M/2010 and the DKI Jakarta Governor Regulation Number 106 of 2019—only provides administrative sanctions, thereby creating a legal vacuum in terms of civil and criminal accountability. Furthermore, legal protection for victims remains inadequate, as compensation, restitution, and recovery mechanisms as stipulated under Law Number 13 of 2006 and the principles of the Indonesian Criminal Procedure Code have not been effectively implemented. This study underscores the need for specific and comprehensive regulations, as well as strengthened supervisory institutions, to ensure corporate accountability and fair legal protection for victims.
Pertanggungjawaban Pidana terhadap Tindak Pidana Pencurian dalam Putusan 361/Pid.B/2025/PN Jmb
Criminal liability is central to assessing whether a person can be sanctioned for their actions. The theft case in Jambi District Court Decision Number 361/Pid.B/2025/PN Jmb illustrates the practical application of this principle, where defendant Heru Prasetyo was found guilty based on the objective and subjective elements of theft as stipulated in Article 362 of the Criminal Code. This research aims to examine criminal liability and the legal principles used by judges in deciding cases, adopting normative legal research methods through statutory and conceptual approaches, as well as examining court doctrine and jurisprudence. The results show that judges consider fault, intent, capacity to be responsible, the purpose of punishment, and the protection of the victim's rights. This decision also reflects an effort to balance substantive justice and the interests of society, so that criminal law functions as an instrument for law enforcement, restoring victims' rights, and creating a sense of security in community life.
Analisis Kualifikasi Pencurian Ringan dalam KUHP Baru (Undang-Undang Nomor 1 Tahun 2023)
The reform of national criminal law through the enactment of Law Number 1 of 2023 concerning the Criminal Code is a strategic step taken by the state to adapt criminal law to the dynamics of social development and the values of justice that exist in society. One of the significant changes in the new Criminal Code is the re-arrangement of the qualifications for petty theft crimes, accompanied by the implementation of a more diverse and proportional sentencing system. This study aims to analyze the provisions of petty theft in the old Criminal Code and compare them with the new Criminal Code, as well as examine their application to the criminal system and law enforcement in Indonesia. The research method used is normative juridical legal research with a statutory regulatory approach and a conceptual approach. The research analysis is based on criminal law theory, the principle of legality, and criminal theory. The results show that the new Criminal Code provides a clearer classification of petty theft and emphasizes the use of alternative punishments, such as fines, community service, and supervision. The implementation of these provisions still encounters various obstacles, especially in terms of the readiness of law enforcement officers and public understanding of the concept of more humanistic and restorative punishment. Therefore, regulatory strengthening and ongoing outreach are necessary.
Analisis Yuridis terhadap Penerapan Sanksi Pidana pada Kasus Kekerasan dalam Rumah Tangga
Indonesia, based on Pancasila as a state based on law, affirms the principle of the supremacy of law as stated in Article 1 paragraph (3) of the 1945 Constitution. Domestic violence (KDRT) is a legal violation that often affects women as victims. Law Number 23 of 2004 concerning the Elimination of Domestic Violence (KDRT) aims to provide legal protection and establish strict criminal sanctions for perpetrators. This study aims to analyze the legal review of criminal sanctions in cases of domestic violence and assess whether the sanctions imposed have met the objectives of law enforcement and a sense of justice for victims. The method chosen is normative legal research that prioritizes legal principles and analyzes statutory regulations. The results of the study indicate that criminal sanctions in cases of domestic violence are in accordance with the objectives of law enforcement to protect victims. Law No. 23 of 2004 is designed to provide a deterrent effect on perpetrators. However, the effectiveness of sanctions is highly dependent on consistent law enforcement and support for victims and the rehabilitation of perpetrators. A holistic approach is needed to overcome systemic barriers and achieve justice.
Perlindungan Hukum terhadap Korban Tindak Pidana Kekerasan dalam Rumah Tangga (KDRT)
Domestic violence requires the role of the state through strong legal regulations to provide optimal protection for victims. This study examines legal regulations related to the crime of domestic violence and efforts to protect victims. The method used is normative legal research with a library approach through a review of relevant laws and legal literature, such as the Criminal Code (KUHP), the Criminal Procedure Code (KUHAP), Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and the Law on Witness and Victim Protection. The results of the study indicate that, normatively, domestic violence has been comprehensively regulated as a public law issue. In practice, victim protection has not been optimally implemented due to obstacles from law enforcement, community culture, and limited supporting facilities.
Tinjauan Yuridis Atas Keabsahan Perjanjian Jual Beli dalam Kasus Order Fiktif pada Layanan Pesan Antar Makanan
The widespread practice of fictitious orders in food delivery services that charge payment to the recipient of the order raises legal issues, particularly regarding the validity of the sales and purchase agreements that occur in these transactions. This practice not only harms the recipient of the order, but also has the potential to create legal uncertainty in the relationship between the seller, the orderer, and the service provider. Therefore, a legal study is needed to assess whether the agreements arising in cases of fictitious orders meet the requirements of a valid agreement according to civil law and how the parties who place the order are liable. This study uses a normative legal method with a statutory, conceptual, and case approach. Legal materials were obtained through literature studies and analyzed descriptively-qualitatively. The results of the study indicate that agreements in cases of fictitious orders can be declared invalid or can be canceled due to the failure to fulfill the elements of the agreement, and the orderer can be held liable for any losses incurred.
Tinjauan Hukum terhadap Force Majeure Sebagai Dasar Pembenaran Kredit Macet
Bad debt is a common problem in banking practices and has direct implications for the stability of financial institutions and legal certainty in the relationship between banks and debtors. In various credit agreement disputes, debtors often submit force majeure as a reason for the inability to fulfill payment obligations. Legal issues arise when the concept of force majeure in civil law cannot automatically be applied to every condition of economic difficulty or change in circumstances experienced by the debtor. This is the reason why the author chose the title Analysis of Force Majeure as the reason for Bad Debt. Because often the general public does not understand the true meaning of force majeure, and makes force majeure as an act of neglecting obligations. This study aims to analyze the legal position of force majeure in banking credit agreements and examine the limits of its application as a reason for exemption from responsibility for bad debt. This research is a normative legal research with a statutory and conceptual approach, supported by a literature study using primary and tertiary legal materials. The research results show that force majeure can only be used as a basis for exemption from liability if it meets the elements of unforeseen circumstances, is beyond the debtor's control, is unavoidable, and has a direct causal relationship to the failure to fulfill the obligation. Therefore, not every bad debt can be justified based on the force majeure argument
Upaya Pembentukan Pengadilan Khusus Pertanahan Untuk Mengurai Kewenangan Peradilan Umum dalam Mengadili Perkara Sengketa Kepemilikan Tanah
The purpose of this research is to examine the current authority of the general courts and to analyze the efforts to establish a specialized land court as a means to clarify and streamline the jurisdiction of general courts in adjudicating land ownership disputes. Land dispute resolution may presently be pursued through competent judicial bodies, namely the General Courts and the Administrative Courts (PTUN). However, disparities in judicial decisions on similar cases continue to occur, indicating the need for a specialized judicial institution dedicated to addressing land disputes. This study employs a normative juridical methodology, utilizing the statute approach and the conceptual approach. The findings reveal that the current jurisdiction of the general courts in land ownership disputes includes examining, adjudicating, and resolving cases related to the proof of ownership rights or other civil rights over the disputed land. Meanwhile, efforts to establish a specialized land court have been pursued in a serious manner, driven by the complexity, high frequency, and sensitivity of existing land disputes. These efforts refer to the People’s Consultative Assembly Decree No. IX/MPR/2001 on Agrarian Reform and Natural Resource Management, as well as Law No. 48 of 2009 on Judicial Power.
Pemenuhan Meaningful Participation Sebagai Standar Konstitusional Good Governance
The principle of good governance requires democratic, transparent, and accountable governance, one of the ways to achieve which is through public involvement in public decision-making. In Indonesia, public participation is often still merely formalistic and has not yet resulted in substantial public involvement. Therefore, this article aims to analyze meaningful participation as a constitutional standard in the implementation of good governance. This study employs a normative legal methodology using a legislative, conceptual, and case-specific approach particularly analyzing Constitutional Court rulings regarding public participation in the formation and qualitative- normative analysis of such participation. The findings indicate that meaningful participation has become a constitutional standard demanding the fulfillment of the public’s right to be heard, considered, and provided with explanations regarding their opinions. This standard not only serves as a principle of procedural democracy but also as a tool for testing the constitutionality of the exercise of state power. Thus, strengthening meaningful participation is a primary requirement for realizing good governance that is in harmony with the principles of popular sovereignty and a democratic rule of law, as mandated by the 1945 Constitution.
Pemberian Abolisi terhadap Terpidana Korupsi: Tinjauan Yuridis dan Dampaknya pada Integritas Penegakan Hukum (Studi Kasus Tom Lembong)
This article analyzes the granting of abolision to corruption convicts through a case study of Tom Lembong, the former Minister of Trade who was sentenced to 4.5 years in prison and fined for a sugar import corruption case. The study employs a normative-juridical approach by analyzing legal regulations, court decisions, presidential decrees, as well as relevant legal literature and media articles. The main findings reveal that the granting of abolision has a constitutional basis under Article 14 paragraph (2) of the 1945 Constitution and is implemented through formal procedures involving the President and the House of Representatives (DPR). However, the implementation of abolision in corruption cases raises ethical, political, and juridical dilemmas, particularly concerning substantive justice and the integrity of law enforcement. Abolision granted to corruption offenders risks weakening deterrent effects, reducing public trust in the criminal justice system, and creating opportunities for the executive branch to abuse power for short-term political purposes. This study recommends that the government and DPR formulate specific criteria for future abolision grants, tighten public oversight mechanisms, and uphold the values of justice and the supremacy of law in all abolision decisions.
Tanggung Jawab PPAT terhadap Akta Hak Tanggungan yang dibuat Sebelum Melakukan Pemecahan/Pemisahan Sertipikat Induk
The objective of this research is to analyze the liability of Land Deed Officials (PPAT) concerning mortgage deeds executed prior to the subdivision or separation of the master certificate. In the encumbrance of mortgage rights, it is required that the collateral object be clear, definite, and identifiable both legally and physically through a land title certificate, to ensure balanced protection for both creditors and debtors. The execution of a Deed of Granting Mortgage Rights (APHT) by a PPAT for an object that has not been subdivided or separated from the master certificate may lead to serious legal complications, ranging from the violation of the principle of specialty to the potential nullification of the deed due to non-compliance with formal requirements. This study utilizes a normative legal research method. The first stage involves a normative approach (library research), conducted using primary legal materials and secondary data, including principles, norms, and legal rules established within legislation and other regulations. The second stage applies a case approach analyzing the Denpasar District Court Decision Number 1097/Pdt.G/2020/PN Dps.
Tinjauan Yuridis terhadap Bentuk Pertanggungjawaban Hukum terhadap Praktik Nominee dalam Perjanjian Kredit Koperasi Syariah
The phenomenon of name borrowing in financial institutions, particularly Islamic cooperatives, creates significant legal consequences for both members and the cooperative. Name borrowing occurs when a cooperative member lends or allows his/her name to be used by another party to access financing facilities. From the perspective of civil law, this practice establishes a direct legal relationship between the member listed in the financing contract and the cooperative, even though the actual recipient and user of the funds is another person. This phenomenon has become widespread recently and has become the focus of researchers to examine the impact and solutions to the problems that arise as a result of borrowing names.This study aims to analyze: (1) the form of legal liability borne by cooperative members who engage in name borrowing according to the Indonesian Civil Code (KUHPerdata); and (2) the form of legal protection available to cooperatives against the risk of default arising from such practices. The research method employed is normative-empirical, with primary data obtained through interviews at Koperasi Syariah Benteng Mikro Indonesia (Kopsyah BMI), and secondary data consisting of the Civil Code, the Cooperative Law, and relevant legal literature.The findings indicate that Article 1338 of the Civil Code affirms the principle of pacta sunt servanda, whereby members whose names are stated in the financing contract remain fully responsible for repayment obligations, regardless of who actually benefits from the funds. In the event of default, the consequences are regulated under Articles 1243 and 1267 of the Civil Code, which include performance fulfillment, contract termination, and compensation. Furthermore, if name borrowing is proven to involve bad faith, it may also be categorized as a tort under Article 1365 of the Civil Code.In conclusion, the practice of name borrowing poses legal and financial risks for both members and cooperatives. Legal protection for cooperatives may be pursued through non-litigation mechanisms (collection, warning, restructuring) as well as litigation (lawsuits for breach of contract or tort). To prevent similar cases, cooperatives should strengthen member identity verification, impose financing limits, and enhance legal and Sharia education for their members.
Pelaksanaan Hukuman Mati dalam Perspektif Hak Asasi Manusia
The death penalty is a sanction imposed by taking the life of a person who has violated the law. In Indonesia, there is a debate regarding the death penalty when viewed from a Human Rights perspective. Opinions supporting the death penalty argue that such action does not violate Human Rights because the perpetrator has harmed the Human Rights of the victim and society. On the other hand, there are also views that reject the death penalty on the grounds that taking someone's right to life, which should be highly respected, should not be carried out by anyone. Therefore, there is pressure for the death penalty to be abolished in the applicable regulations. The questions to be discussed in this study include How is the Implementation of the Death Penalty in Indonesia and What is the Human Rights perspective on the implementation of the death penalty in Indonesia? This paper attempts to provide insight into the death penalty from a Human Rights perspective in Indonesia, both from the perspective of applicable legal theory and from current practice. This research is a normativelegal research conducted through a literature review by analyzing various primary, secondary, and tertiary legal sources. In addition, researchers also conducted observations on the practice of the death penalty, public responses regarding the implementation of the law, and conducted interviews if necessary with practitioners or experts in the fields of law, sociology, and politics.