P-ISSN 0216-969X | E-ISSN 2723-3766 Laman : s.id/Risalah Surel : risalahhukum@unmul.ac.id Telp. : 0541-7774145; 0541-748107
Perampasan Aset Tindak Pidana Pencucian Uang: Perlindungan Pihak Ketiga Beritikad Baik dalam Perspektif Hukum Indonesia
Asset forfeiture in money laundering serves as a key tool to disrupt the economic benefits of crime and restore state losses, yet its implementation faces challenges in protecting bona fide third parties. The lack of clear and consistent standards for assessing good faith leads judges to decide case by case, creating legal uncertainty and potential injustice. Normative gaps, including disharmony regarding non-conviction-based forfeiture, exacerbate these ambiguities. This study employs a normative juridical method combining statute, case, and conceptual approaches. The statute approach examines the TPPU Law and the Corruption Eradication Law on asset forfeiture and third-party protection; the case approach analyzes judicial practice, including Decision No. 362/Pid.Sus/2025/PN Jkt.Sel, to assess judges’ interpretation of good faith; the conceptual approach reviews doctrines, principles, and theories on asset forfeiture, property rights, and third-party protection. Findings show that judicial standards remain inconsistent, leaving third-party protection case-specific and legally uncertain. The study highlights the gap between normative frameworks and practice and underscores the urgent need for clearer, proportional standards for proving good faith in the anti-money laundering regime.
Copyright (c) 2025 Beniharmoni Harefa, Supardi https://creativecommons.org/licenses/by-nc/4.0
Problematika Mediasi Dalam Menyelesaikan Sengketa Pertanahan di Kantor Pertanahan Kabupaten Badung
Mediation is a method for settling land disputes through negotiations mediated by a mediator. Its implementation, facilitated by the Land Office or the National Land Agency, is regulated in Article 43 paragraph 1 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning the Handling and Settlement of Land Cases. However, in practice, the Land Office of Badung Regency has consistently failed to This study examines the implementation of mediation over the past five years, from 2019 to 2024. It seeks to analyze the factors contributing to mediation failure and to identify strategies for strengthening the role of mediation in effectively resolving land disputes at the Land Office of Badung Regency. Employing empirical legal research, the study investigates how the law is applied in practice by exploring both internal and external factors that hinder successful mediation and proposing measures to improve its effectiveness. The findings indicate that mediation failures are caused by the absence of parties, lack of good faith, disagreements over proposed solutions, traditional beliefs conflicting with the law, and mediator-related internal factors. To enhance the effectiveness of mediation, strategic actions are needed, including raising public awareness of mediation benefits and procedures through consistent and intensive socialization, involving traditional and religious leaders, enhancing mediator competencies through thorough training, improving coordination among relevant institutions, and implementing regular monitoring and evaluation of the mediation process.
Copyright (c) 2025 Dian Dewi, Nur Rahmanto, Dwi Wulan Titik Andari https://creativecommons.org/licenses/by-nc/4.0
Perlindungan Perempuan Dan Anak Dalam Merehabilitasi Korban Tindak Pidana Kekerasan Seksual Melalui Media Online
ABSTRACT The development of digital technology has both positive and negative impacts on society. One of the most common negative impacts is sexual violence, targeting women and children as the primary victims. The Women and Children Protection Unit plays a crucial role in the rehabilitation process for victims of sexual violence. The purpose of this study was to determine how the Women and Children Protection Unit's authority is regulated in rehabilitating victims of sexual violence through online media and how the Women and Children Protection Unit's authority is implemented in rehabilitating victims of sexual violence through online media. The research method used was an empirical juridical approach with data collection through observation, interviews, and literature studies. The results of the study indicate that the Women and Children Protection Unit's authority is regulated in Article 14 of Law Number 2 of 2002 concerning the Indonesian National Police and Article 4 of the Indonesian National Police Regulation Number 10 of 2007 concerning the Organization and Work Procedures of the Women and Children Service Unit (PPA Unit) within the Indonesian National Police. In exercising its authority, the Women and Children Protection Unit of the Kuningan and Cirebon Police Departments coordinates with relevant agencies involved in the protection of women and children. However, victim rehabilitation remains hampered by challenges such as limited facilities, public stigma, and minimal reporting, particularly in online-based cases. Therefore, strengthening technical regulations specifically governing procedures for handling online-based sexual violence is necessary, particularly regarding digital evidence and guaranteeing victims' rights. Local governments should also provide rehabilitation infrastructure, such as safe houses, child psychological services, and PPA Unit officers specifically trained to handle online-based sexual violence. They should also improve legal and digital literacy through legal education in schools and public campaigns to ensure victims are not afraid to report and to ensure the public understands the risks of digital interactions. ABSTRAK Perkembangan teknologi digital memberikan dampak positif dan negatif bagi masyarakat. Salah satu dampak negatif yang marak terjadi adalah kekerasan seksual yang menyasar perempuan dan anak sebagai korban utama. Unit Perlindungan Perempuan dan Anak berperan penting dalam proses rehabilitasi korban kekerasan seksual. Tujuan dari penelitian ini untuk mengetahui bagaimana pengaturan Kewenangan Unit Perlindungan Perempuan dan Anak dalam merehabilitasi korban tindak pidana kekerasan seksual melalui media online dan bagaimana penerapan Kewenangan Unit Perlindungan Perempuan dan Anak dalam merehabilitasi korban tindak pidana kekerasan seksual melalui media online. Metode penelitian yang digunakan dengan pendekatan yuridis empiris dengan pengumpulan data melalui observasi, wawancara, dan studi kepustakaan. Hasil penelitian menunjukkan bahwa kewenangan Unit Perlindungan Perempuan dan Anak diatur dalam Pasal 14 Undang-Undang Nomor 2 Tahun 2002 tentang Kepolisian Negara Republik Indonesia dan Pasal 4 Peraturan Kepolisian Negara Republik Indonesia Nomor 10 Tahun 2007 tentang Organisasi dan Tata Kerja Unit Pelayanan Perempuan dan Anak (Unit PPA) di Lingkungan Polri. Dalam menerapkan kewenangannya, Unit PPA Kepolisian resor Kuningan dan Cirebon melakukan koordinasi dengan instansi terkait yang berhubungan dengan perlindungan perempuan dan anak, namun rehabilitasi korban masih terkendala, seperti fasilitas yang terbatas, stigma masyarakat, dan minimnya pelaporan, terutama pada kasus berbasis online. Oleh karena itu, perlu adanya penguatan regulasi teknis yang secara spesifik mengatur prosedur penanganan kekerasan seksual berbasis online, terutama dalam hal pembuktian digital dan jaminan hak korban, serta pemerintah daerah perlu menyediakan infrastruktur rehabilitasi, seperti rumah aman, layanan psikologis anak, serta petugas Unit PPA yang terlatih khusus menangani kekerasan seksual berbasis media online, meningkatkan literasi hukum dan digital masyarakat melalui pendidikan hukum di sekolah dan kampanye publik agar korban tidak takut melapor dan masyarakat memahami risiko interaksi digital.
Copyright (c) 2025 Cucun Cundaya Fitria Sari, Ira Ghina Salsabila, Suwari Akhmaddhian, Dikha Anugrah https://creativecommons.org/licenses/by-nc/4.0
Analisis Risiko Pelanggaran Data Pribadi Pada Wacana Pengembangan Sistem Ai Analisis Big-Data Pemerintah Dalam Stranas-Ka
ABSTRACT The armed conflict in Myanmar has escalated since the military coup in 2021. In this armed conflict, many civilian casualties have fallen and civilian facilities have been destroyed. This type of research is normative legal research with a descriptive prescriptive nature. This scientific article consists of three sub-discussions. First, this scientific article discusses international regulations governing the protection of Myanmar civilians when a non-international armed conflict is taking place. Second, it discusses gross human rights violations committed by the Military Junta against Myanmar civilians when in conflict with the Rebel Forces. Third, it discusses international mechanisms that can be carried out to resolve the conflict and protect Myanmar civilians. The results of this study state that the armed conflict between the Rebel Forces fighting against the military junta in Myanmar territory meets the elements of a Non-International Armed Conflict as stipulated by International Humanitarian Law. Since the 2021 military coup, there have been many gross human rights violations by the military junta, including attacks on demonstrators, torture, cutting off access to aid, and indiscriminate airstrikes. International mechanisms that can be used to resolve this problem include conducting diplomatic intervention and international community political resolution, implementing accountability for enforcing international legal instruments, and conducting humanitarian intervention and civil protection.
Copyright (c) 2025 Bintang Rafli Ananta, Chanidia Ari Rahmayani, Laga Sugiarto, Anastasya Adityawati Nugroho, Shabrina Assalamah https://creativecommons.org/licenses/by-nc/4.0
Inkonsistensi Politik Hukum dalam Ratifikasi Perjanjian Internasional di Indonesia
The legal binding of a country to an internationally agreed treaty to be implemented in the national law of that country is through ratification. The implementation of ratification should be carried out consistently, based on national interests, legal certainty, constitutional mandates, and the welfare of the general public. This research is a normative legal study with an approach through analysis of primary law and the use of secondary law. The results of this study show that in practice, Indonesia demonstrates an inconsistent attitude towards ratifying international agreements, where the Indonesian government can ratify an international agreement quickly if it supports the government's economic or political interests, but delays or even avoids it if it is considered sensitive or puts pressure on its power, even though the agreement concerns public interests such as human rights, the environment, or the livelihood of many people. Thus, there is a need for national legal political reform through regulatory revisions, setting deadlines for ratification, establishing annual priority agendas, mandatory public reporting on delays, and involving civil society and academics. This reform also needs to be supported by the formation of a cross-sector team tasked with overseeing the ratification process in an inclusive and strategic manner
Copyright (c) 2025 Fera Wulandari Fajrin, Kandi Kirana Larasati, Fitriani Jamaluddin https://creativecommons.org/licenses/by-nc/4.0
Relasi Kuasa dan Ketimpangan Gender dalam Pembagian Harta Gono-Gini: Kajian Sosio-Legal Atas Putusan Perceraian Di Indonesia
The division of joint assets after divorce is a complex civil law issue because it not only involves legal norms, but is also influenced by social relations, gender, and power in the household. This study aims to examine how power relations and gender inequality shape the dynamics of the division of joint assets in divorce cases in Indonesia. Using a socio-legal approach, this study analyzes a number of court decisions and interviews with parties involved in the divorce process. The findings show that unequal access to legal information, patriarchal cultural pressures, and weak bargaining positions often disadvantage women in the process of dividing assets. In addition, factors such as legal awareness, the existence or absence of a prenuptial agreement, and trust in settlement mechanisms such as mediation or litigation also influence the form and outcome of property dispute resolution. Recommendations from this study include the importance of inclusive legal education regarding rights to joint assets and the development of more effective, fair, and gender-sensitive mediation methods to reduce conflict escalation in the divorce process. This research contributes to strengthening civil law policies that are responsive to the social conditions of Indonesian society.
Copyright (c) 2025 Andi Nur Fikriana Aulia Raden, A.Ummu Fauziyyah Syafruddin https://creativecommons.org/licenses/by-nc/4.0
Pluralisme Hukum dan Keadilan : Studi Konflik Kepentingan Nasional dan Pemenuhan Hak Masyarakat Adat
Kepentingan nasional menjadi suatu dalih atas kepentingan umum untuk mayoritas. Sedangkan keadilan beridir pada sisi mayoritas dan minoritas. Seringkali kepentingan nasional menjadi isu skeptis bagi masyarakat adat atas hak-hak mereka yang selalu dikesampingkan dengan alasan kepentingan nasional. Tindakan semacam itu dikemudian hari akan menjadi warisan buruk bagi pengakuan atas eksistensi masyarakat adat. Sebagai negara Pluralisme hukum, tentunya membutuhkan keadilan dalam pelaksanaan kepentingan nasional dengan tidak mengesampingkan hak masyarakat adat. Sehingga kajian ini merumuskan dua rumusan masalah diantaranya Bagaimana interaksi antara kepentingan nasional dan hak masyarakat adat dalam konteks pluralisme hukum dan Bagaimana pengaturan ideal untuk menjembatani konflik kepentingan nasional atas pemenuhan hak masyarakat adat berdasarkan Teori Keadilan. Metode kajian penelitian ini menggunakan metode penelitian yuridis normatif dengan pendekatan perundang-undangan (statute approach) dan pendekatan konseptual (conceptual approach). Hasil kajian menyatakan bahwa pemerintah selalu melanggar hak masyarakat adat yang didasari atas substansi dan dalam konteks yuridis peraturan perundang-undangan negara.
Copyright (c) 2025 M Iqbal Ramadhan Silehu, Sidik Sunaryo https://creativecommons.org/licenses/by-nc/4.0
Perlindungan Bagi Masyarakat Sipil Pada Konflik Bersenjata Non Internasional Akibat Konflik Antara Junta Militer Dan Pemberontak
The armed conflict in Myanmar has escalated since the military coup in 2021. In this armed conflict, many civilian casualties have fallen and civilian facilities have been destroyed. This type of research is normative legal research with a descriptive prescriptive nature. This scientific article consists of three sub-discussions. First, this scientific article discusses international regulations governing the protection of Myanmar civilians when a non-international armed conflict is taking place. Second, it discusses gross human rights violations committed by the Military Junta against Myanmar civilians when in conflict with the Rebel Forces. Third, it discusses international mechanisms that can be carried out to resolve the conflict and protect Myanmar civilians. The results of this study state that the armed conflict between the Rebel Forces fighting against the military junta in Myanmar territory meets the elements of a Non-International Armed Conflict as stipulated by International Humanitarian Law. Since the 2021 military coup, there have been many gross human rights violations by the military junta, including attacks on demonstrators, torture, cutting off access to aid, and indiscriminate airstrikes. International mechanisms that can be used to resolve this problem include conducting diplomatic intervention and international community political resolution, implementing accountability for enforcing international legal instruments, and conducting humanitarian intervention and civil protection.
Copyright (c) 2025 Miko Aditiya Suharto, Maria Novita Apriyani https://creativecommons.org/licenses/by-nc/4.0
Rekontruksi Ambang Batas Parlemen dalam Sistem Pemilu Indonesia Pasca Putusan Mahkamah Konstitusi Nomor 116/PUU-XXI/2023
The Constitutional Court (MK) Decision Number 116/PUU-XXI/2023 is an important basis for evaluating the parliamentary threshold policy in the Indonesian election system. This provision requires political parties to obtain a minimum of 4% of valid national votes in order to get seats in the People's Representative Council (DPR). Although it aims to coordinate the party system and increase government stability, this regulation raises various problems, especially related to political representation and electoral justice. The Constitutional Court, in its decision, stated that the parliamentary threshold remains in effect for the 2024 Election but must be evaluated before the 2029 Election so that it is more proportional and does not harm the constitutional rights of voters. This study uses a normative legal method with a regulatory and contextual approach. The results of the study show that the application of the 4% threshold resulted in the loss of around 17.3 million votes in the 2024 Election, which has an impact on limited political representation for small parties and their voters. The Constitutional Court, in its decision, emphasized the need to revise this regulation to be fairer and reflect the principle of people's sovereignty. Some proposed policy alternatives include the implementation of a height threshold, a proportionality-based calculation model, and a revision of the DPR seat allocation system to reduce wasted votes. The parliamentary threshold system needs to be improved with a more objective data-based approach to reflect the principles of electoral fairness better. The evaluation of this rule is a step to realize a more representative, transparent, and democratic electoral system for the future of Indonesian politics
Constitutional Court Decision No. 116/PUU-XXI/2023
Copyright (c) 2025 Elva Imeldatur Rohmah https://creativecommons.org/licenses/by-nc/4.0
Pertanggungjawaban Pihak Pengelola Usaha Dalam Perjanjian Penitipan Barang Perspektif Hukum Indonesia
Storage services are public facilities that are beneficial for the party depositing the goods, but can also be detrimental to the party depositing the goods, due to the inconsistency of regulations with reality. This study uses normative law by using the theory of literature studies that examine books, scientific journals, legislation and relevant theories. In this case, regarding the responsibility of the business manager in the goods storage agreement from an Indonesian legal perspective in order to determine the form of rights, obligations, and responsibilities. This study aims to examine Indonesian law regarding its implementation so that it is appropriate, does not deviate and can have a good impact on the manager and the party depositing the goods.
Copyright (c) 2024 Muhammad Wildan, Ahmad Fajrudin Ahmad https://creativecommons.org/licenses/by-nc/4.0
Pemberdayaan Pekerja Perempuan dan Anak pada Pasar Tenaga Kerja Digital Era Gig Economy: Kerangka Hukum untuk Masa Depan yang Lebih Aman
The digital labor market has introduced profound changes to employment practices, presenting both new opportunities and heightened risks for women and children. This article examines the essential role of legal frameworks in empowering these vulnerable groups and ensuring their protection within this evolving landscape. It begins by exploring existing legal standards and international conventions, such as the International Labour Organization (ILO) conventions and United Nations guidelines, which provide foundational principles for labor rights and protections. The article then evaluates the effectiveness of current regulations in addressing specific challenges faced by women and children in digital work environments, including issues of exploitation, harassment, and discrimination. By analyzing case studies and policy implementations, the research highlights the gaps in existing legal frameworks and proposes comprehensive legal reforms aimed at enhancing safety and inclusivity. The article advocates for the adoption of adaptive and forward-looking legal measures that reflect the realities of the digital era, ensuring that women and children are protected and empowered in the future workforce. In conclusion, reinforcing legal frameworks is crucial for fostering a safer and more equitable digital labor market for all.
Copyright (c) 2024 Tri Nurhayati, Arina Hukmu Adila, Riza Fibriani Fibriani https://creativecommons.org/licenses/by-nc/4.0
Urgensi Tata Kelola Dokumentasi Hukum Di Sektor Pendidikan Tinggi Melalui Sistem Informasi JDIH Perguruan Tinggi
JDIHN contains legal documents stored digitally in an electronic database that can be accessed from anywhere by the general public. Based on Presidential Decree 33/2012, universities are also ordered to form JDIH in their respective environments. Legal regulations and policies must be formed and socialized in each Higher Education Units so that the teaching and learning process runs well. However, many of the legal regulations and policies made in this higher education environment, if analyzed using legal science, have many administrative and substantive defects. In order to achieve the goals of National legal development and as an effort to prevent disharmonization of legal regulations and policies vertically and horizontally within Higher Education units. This research is a normative legal research type, using a statute approach and a conceptual approach. JDIH in the implementation of Higher Education is expected to be able to minimize disharmonization of regulations and policies that occur in local universities so that they can be minimized or resolved. This method is also a means of realizing the principle of transparency in public services in order to realize good governance and achieve the goals of national legal development. The implementation of JDIH integration starting from each Higher Education Institutions as a member to the Ministry of Education and Culture's JDIH as coordinator, which then continues with integration into BPHN, needs to be regulated in a Ministerial Regulation so that there is no overlap in The authority
Copyright (c) 2024 Miko Aditiya Suharto, Maria https://creativecommons.org/licenses/by-nc/4.0
Penegakan Hukum Terhadap Pelaku Penyebaran Konten Asusila
The purpose of this study is to examine and analyze law enforcement against asusila content spreaders as well as to examine and meganalyze obstacles in law enforcement against asusila content spreaders.This study uses empirical juristic research methods.The jurisdictions approach is used to analyze the legislative regulations relating to the dissemination of the content of the asusila.Empirical approaches are used to analyze empirical data obtained from the study of documents and interviews with key informants.As for the results of this study, which is enforcement against perpetrators of the spread of content asusila involves several steps starting from the investigation, Investigation, until the trial.This process involves various institutions, including police, The prosecution, and the court.Somerules that are the legal basis that can be applied to the perpetrators of the distribution of pornographic content among others: kuhp, The National Institute of Allergy and Infectious Diseases . pornography law, the obstacles in law enforcement the content porno is the lack of data to restore the availability of video or photographs that contain a pornography, when unexpected perpetrators have remove the data, so as to the evidence and investigators must bring attendant / investigators suspected cell phone video as well as a photograph in which is intended to labs digital forensic police in makassar, and not a ite in maluku, to ask the expert testimony and evidence to support should come from outside the maluku ite notabenenya memelukan large enough money.
Copyright (c) 2025 Harly Clifford J Salmon, Denny Latumaerissa, Judy Marria Saimima https://creativecommons.org/licenses/by-nc/4.0
Perlindungan Hukum terhadap Eksploitasi Anak Melalui Platform Digital Tiktok
Sharenting or uploading videos of children's daily lives and/or activities to the TikTok platform can have a negative impact on children. Two of the negative impacts that arise are psychological disorders in children and the potential for criminal acts experienced by the child themselves. This study aims to determine how legal protection is provided for child exploitation by parents through the TikTok platform. The results of the analysis show that sharenting by parents, especially content creators, can lead to child exploitation. Not only that, sharenting can also eliminate children's privacy rights, eliminate other rights that are fundamental rights of children and have a negative effect on children. The Child Protection Act and the Human Rights Act have given obligations and responsibilities to parents and the government and/or the central government to provide legal protection to children and to fulfill the rights of every child. Recommendations that can be given through this study should be that the government can intensify socialization to every parent regarding the importance of knowing and understanding what children's rights are, this is considering that sharenting occurs due to parents' ignorance of children's rights as regulated in the Child Protection Act.
Copyright (c) 2024 Cucun Cundaya Fitria Sari, Yuda Pratama https://creativecommons.org/licenses/by-nc/4.0
Urgensi dan Optimalisasi Pajak Elektronik sebagai Sistem Perpajakan Terintegrasi untuk Meningkatkan Aksesibilitas Wajib Pajak
Technological advancements necessitate the adaptation of taxation systems to meet the dynamic needs of society. This study examines two primary issues: (i) why integrated taxation through electronic tax systems is essential for enhancing taxpayer accessibility, and (ii) how the optimization of electronic tax systems as an integrated taxation framework can achieve this goal. The integration of information technology in the form of electronic tax systems plays a strategic role as a tax database accessible to both the government and taxpayers, minimizing errors in tax calculation and payment. This study employs a normative juridical method, focusing on the application of principles and norms within the national taxation system. The findings reveal the critical need for integrated taxation through electronic tax systems as a solution to tax collection challenges and for improving the quality of tax databases. The optimization of this system can be realized through the development of technical implementation guidelines, including system strengthening and maintenance, capacity building for human resources, and effective monitoring mechanisms.
Copyright (c) 2024 Triyanto Triyanto, Ismiyanto Ismiyanto, M. Muhtarom https://creativecommons.org/licenses/by-nc/4.0
Optimalisasi Transaksi Melalui E-Commerce Sebagai Upaya Peningkatan Penerimaan Pajak
This study aims to address the implementation issues of optimizing transactions through e-commerce as a means to increase tax revenue, as well as the obstacles in implementing these optimization policies. The perspective supporting tax imposition on all e-commerce businesses marketing their products in Indonesia is based on the principle of fairness in tax collection, which should be applied equally to all businesses within the same industry. However, the tax authority's stance on imposing taxes on e-commerce activities has faced objections from local businesses, who argue that taxing this infant industry could hinder the growth and development of e-commerce in Indonesia, as it is still in need of protection. This empirical study collects primary data from various marketplace platform providers in the Surakarta region, with a focus on businesses categorized as MSMEs. The findings indicate that the implementation of e-commerce transaction optimization policies to increase tax revenue has not been comprehensively executed in line with the coverage stipulated by legislation and the technical application of tax policies. Obstacles to policy implementation include regulatory substance issues that necessitate an expansion of tax zoning for e-commerce and a lack of outreach and support for taxpayers.
Copyright (c) 2024 Andi Mohammad Agus Mustam, Ismiyanto Ismiyanto, M. Muhtarom https://creativecommons.org/licenses/by-nc/4.0
Efektifitas Undang-Undang Perlindungan Konsumen Dalam Memberikan Perlindungan Hukum Bagi Pengguna E-Commerce Di Era Ekonomi Digital
The condition of world economic development has entered a new period, referred to as the digital economy. This is seen from The growing quantity of financial transactions conducted via the internet. One example is trading through internet media or e-commerce. Facing the characteristics of e-commerce, there is a possibility that there will be disputes related to the law in online transactions. This e-commerce transaction does not only occur in a country, so it is necessary to analyze whether the existence of Law No. 8 of 1999, which addresses consumer protection in the digital economy era is still effective or not in providing legal protection to e-commerce consumers. This study's goal is to be able to contribute to the study of Consumer Protection law related to how to implement the Consumer Protection Law (UUPK) in the digital economy era, and whether it is still effective if implemented in the current digital economy era. This research method uses an empirical juridical type, which analyzes applicable provisions and regulations by examining various legal sources and literature sources as a reference based on a phenomenon that occurs or develops in society. The study's findings demonstrate that in its implementation, the Law that Protecting Consumers cannot accommodate various kinds of problems that occur in the current digital economy era such as e-commerce customer data leaks, fraud through e-commerce, etc. Meanwhile, related to its effectiveness, it is considered ineffective in providing legal safeguards for e-commerce customers because the rules in this UUPK in guaranteeing consumer rights are still very limited to conventional buying and selling. The update of the rules in the UUPK must be carried out immediately by the Government in order to adapt to the current digital economy conditions.
Copyright (c) 2024 Fenny Bintarawati, Daud Rismana https://creativecommons.org/licenses/by-nc/4.0
Analisis Yuridis Putusan Niet Ontvankelijke Verklaard Pada Akta Jual Beli
This study examines legal certainty in land sale and purchase agreements, particularly concerning sale and purchase deeds that result in Niet Ontvankelijke Verklaard (NO) verdicts. The importance of this study lies in understanding the root causes of legal uncertainty in the transfer of land rights and its implications for the involved parties. The objective of this research is to analyze the causes of NO verdicts, understand their legal basis, and evaluate their legal impacts. The methodology used is a normative legal approach with an analysis of primary and secondary legal materials, as well as related court decisions. The main findings indicate that NO verdicts are caused by unclear dispute objects and formal defects such as error in persona and obscuur libel. NO verdicts impact legal certainty, potential compensation claims, and public trust in notaries/PPATs. The implication is that there is a need to increase meticulousness and compliance with formal requirements in drafting sale and purchase deeds to avoid NO verdicts that can harm various parties.
Copyright (c) 2024 Rila Puspita Wardani, Anik Iftitah, Eko Yuliastuti, Moh. Alfaris, Erwin Widhiandono https://creativecommons.org/licenses/by-nc/4.0
Tanggung Jawab Bank Kepada Nasabah Pasca Putusan Pengadilan Tindak Pidana Korupsi Pegawai Bank
Customers are a crucial factor in the world of Banking. However, it is not uncommon for customers who have fully entrusted their confidence to the bank to become victims of the negligence of individuals within the bank. This research is conducted with the objective of ascertaining the nature of the bank's responsibility following the judgment of Court Decision Number 21/Pid.Sus-TPK/2019/PN Smr, in cases where customers incur losses due to criminal activities committed by bank employees. The protection of banks for Bank Customers is regulated under Law No. 10/1998 regarding Amendments to Law No. 7/1992 regarding Banking. Normatively, the bank is accountable in cases where losses occur as a result of criminal acts by internal individuals, not only the perpetrators but the bank is also jointly responsible in accordance with the explanation found in the Indonesian Civil Code (KUHPer), specifically Article 1367. Regarding customer protection, banks do not solely rely on civil law enforcement, as expected through sanctions and compensation claim mechanisms. Criminal law provisions also include regulations that can safeguard consumers, such as licensing and supervision mechanisms. Indirect protection afforded to customers in the event of criminal acts in the field of banking is established through a series of statutory regulations, such as Law No. 8/1999 regarding Consumer Protection, as well as regulations that can ensnare wrongdoers, such as Law No. 10/1998 regarding Banking, Law No. 11/2008 regarding Electronic Information and Transactions, and Law No. 20/2001 regarding the Eradication of Corruption. Meanwhile, the direct protection provided by banks to their customers involves meticulous planning based on the principle of prudence, as stipulated in Article 29 of Law No. 10/1998 regarding Banking.
Copyright (c) 2024 Erna Susanti, Sulung Nugroho https://creativecommons.org/licenses/by-nc/4.0
Urgensi Perubahan Undang-Undang Nomor 20 Tahun 2013 tentang Pendidikan Kedokteran
Law Number 20 of 2013 on Medical Education serves as the primary legal basis for the implementation of the medical education system in Indonesia. This article identifies several critical issues in the implementation of medical education, including high tuition fees, substandard quality of graduates, uneven distribution of doctors across Indonesia, ambiguity regarding professional organizations, and problems with the Competency Test for Medical Education Students (UKMPPD) considered unjust. This research utilizes a juridical-normative research method to elaborate on these issues by detailing applicable legislation. The findings emphasize the urgency of amending the Medical Education Law to ensure public access to quality doctors, equitable distribution across regions, and recommend abolishing the UKMPPD perceived as unjust for medical students. These changes are expected to create a more inclusive, efficient, and responsive medical education system to meet the needs of the Indonesian population. By adhering to these recommendations, it is hoped that the organization of medical education can produce graduates better prepared to face the challenges of the medical profession and provide quality healthcare services to the people of Indonesia
UKMPPD (Competency Test for Medical Students)
Copyright (c) 2024 Hilda Kurnia Ningsih, Toendjoeng Herning Sitaboeana https://creativecommons.org/licenses/by-nc/4.0
Sinkronasi Konsep Pemaafan Hakim Sebagai Wujud Asas Restorative Justice Dalam Hukum Acara Pidana
The development of the criminal system does not only rely on the punishment of defendants, but has led to aligning the interests of victim recovery and defendant accountability by using a restorative justice approach; that the restorative justice approach has not been sufficiently regulated in the criminal justice system, especially regarding the types of cases, conditions and procedures for its application at the trial level to decisions containing a restorative justice approach. Several provisions in the 2023 Criminal Code are considered to need to be harmonized with the 1981 Criminal Procedure Code and the 2012 RKUHAP, one of which is the concept of judge forgiveness (rechterlijk pardon). Regarding these provisions, neither the 1981 KUHAP nor the 2012 RKUHAP have regulations regarding the mechanism for implementing social work crimes and supervision crimes, including ministries/agencies or parties involved in its implementation. This normative juridical research is intended as a recommendation to strengthen the implementation of judge forgiveness as a form of restorative justice by making the necessary adjustments to criminal procedural law reform in Indonesia to ensure the criminal justice system continues to run effectively, fairly and justly. in accordance with applicable legal principles. including in accordance with material provisions.
Copyright (c) 2024 Ahmad Faris Shofa, Ayu Dian Ningtia https://creativecommons.org/licenses/by-nc/4.0
“Kotak Kosong” Bernama Paket Paralel Perizinan: Sebuah Content Analysis Kewenangan Perizinan Oleh Pemerintah Daerah Pasca Undang-Undang Cipta Kerja
The psychological condition of forming laws and regulations that lead to investment optimization through various licensing and investment policies is an important aspect in viewing the diorama of licensing developments in Indonesia, one of which was initiated by Law Number 11 of 2020 on Job Creation. Displacement specimen decentralized to semi-centralized licensing is one of the consequences of the policy package in the Job Creation Law. This paper was written using the normative research method with 4 (four) types of approaches: statute, conceptual, comparative, and futurist. The discussion in this paper boils down to licensing rationalization at the regional level which is termed "Empty Packages'', although the regulatory framework related to licensing directs regional authorities to make licensing packages through PMPTSP and facilitated by Public Service Malls. This altruism towards the phrase "Empty Package" is due to socio-juridical problems in each region for their role in maintaining the health of regional investment at a point dilemma. In addition to the basic regulations in controlling/authorizing permits, there are several problems. The logical consequence is that the regional government does not have the authority in terms of enforcing business licenses that are factually contrary to the socio-juridical conditions of the region. So that in the future the results of this research need to be designed interregional linkages which directs licensing policies to be in line with central-regional investment needs with several limitations such as the size of urgent needs, feasibility, and major changes.
Copyright (c) 2024 Muhammad Najih Vargholy, Mohamad Rifan, Syahrul Sajidin, Liavita Rahmawati https://creativecommons.org/licenses/by-nc/4.0
Meningkatkan Ketahanan Pangan Provinsi Kalimantan Timur Melalui Haki Atas Varietas Tanaman Padi
Samarinda is the capital city of East Kalimantan Province which has an area 718.23 km² covering 10 Districts. East Kalimantan in general and Samarinda in particular are areas with tropical rain characteristics so they have soil types latosol who have low fertility rates. In order to meet the needs of the rice shortage, a thought is needed to create a generation of rice with a strong type and is suitable for planting on this infertile soil. It is necessary to involve the role of the government, local farmers and/or researchers to find and develop superior varieties of rice plants that are suitable for planting in the Samarinda region, this is intended to encourage the creation of new varieties of rice and protect the idea of ??creating new varieties of rice plants through intellectual property rights so that provide a better economic impact for all parties and maintain food security in the city of Samarinda. The research conducted is normative research, the discussion in this study leads to the utilization of plant variety protection so that it has a positive impact not only for plant breeders but also for the people of Samarinda city, as stated in Article 1 paragraph 4 of Law Number 29 of 2000 concerning varieties Plants, plant breeding is a series of research and testing activities or activities of discovery and development of a variety, in accordance with standard methods to produce new varieties and maintain the purity of the seeds of the varieties produced.
Copyright (c) 2024 Febri Noor Hediati, Emilda Kuspraningrum, Lily Tryana, Khairunissa Noor https://creativecommons.org/licenses/by-nc/4.0
Kekuatan Hukum Informed Consent Dalam Praktek Euthanasia Di Indonesia
The existence of informed consent is a stronghold for doctors to act calmly after the permission of the patient or the patient's family, while euthanasia is defined as the act of "lethal injection" to patients who have suffered greatly with very little or no chance of recovery. The purpose of this research is to find out how the regulation of informed consent, euthanasia and the legal force of informed consent in protecting doctors who practice euthanasia in Indonesia. This research uses a normative method by examining library materials and laws regulating to resolve the legal issues. From this study, it is found that informed consent has been regulated in Law No. 17 of 2023 concerning Health, Minister of Health Regulation No. 290/MENKES/PER /III/2008 concerning Consent for Medical Actions and other regulations related to the approval of medical actions, while the regulation of euthanasia is only limited to active euthanasia in Article 461 of the Criminal Code. The legal force of informed consent cannot protect doctors in the practice of euthanasia in Indonesia, due to the non-fulfillment of the legal requirements of the agreement based on Article 1320 of the Civil Code and the absence of specific euthanasia regulations other than the provisions of active euthanasia which are included in criminal acts against life or murder.
Copyright (c) 2024 Dewi Atriani, Ade Yusuf Yulianto https://creativecommons.org/licenses/by-nc/4.0
Reformulasi Pemimpin Usia Muda Sebagai Calon Presiden dan Wakil Presiden: Tinjauan Ius Constituendum
This study examines the reformulation of age requirements for young leaders as candidates for President and Vice President, reflecting a shift in leadership preferences within society. The aim is to analyze the rationality of the minimum age restrictions for presidential and vice-presidential candidates and to formulate an ideal change through the ius constituendum approach, to create opportunities for the emergence of young leaders in line with contemporary political aspirations. The normative method is used with a legislative and conceptual approach through literature review and qualitative data analysis. The results show that the minimum age restriction of 35 years aims to ensure the quality of mature national leadership, although some argue that it has the potential to hinder the emergence of innovative young leaders. The ideal formulation of changes is to revise Article 6A paragraph (1) to lower the minimum age limit to 30 years, based on principles of democracy and non-discriminatory political rights based on age, involving public participation and constitutional mechanisms.
Copyright (c) 2023 Askari Razak https://creativecommons.org/licenses/by-nc/4.0
Pertanggungjawaban Hukum Penyidik Terhadap Perbuatan Salah Tangkap Dalam Perspektif Hukum Pidana Dan Hak Asasi Manusia
The wrongful arrest by investigators simultaneously occurs during the arrest process, resulting in a violation of someone's human rights. The responsibility of investigators for wrongful arrests has been regulated in the Criminal Procedure Code and the police professional code of Ethics. The research approach used is a socio-legal approach that aims to find out two main points of discussion. First, the author wants to know and analyze the legal responsibility of investigators who commit wrongful arrests from the perspective of criminal law and human rights. Second, the writer wants to know and analyze the enforcement of criminal responsibility laws against investigators who commit wrongful acts of arrest in the Kutai Kartaneagara Police area. Based on the results of the research, it can be concluded that the responsibility of the investigator is towards the occurrence of wrongful arrests from a criminal law perspective, namely by imposing sanctions on the professional code of ethics of police and disciplinary law or further regulated in Article 13 PP No. 1 of 2003 concerning the Intentions of Members of the National Police of the Republic of Indonesia. Apart from that, from a human rights perspective on wrongful arrests, investigators must be processed following Perkap No. 8 of 2009 concerning the Implementation of Human Rights Principles and Standards in implementing the Duties of the Republic of Indonesia Police. Then the obstacles in enforcing the criminal law against wrongful arrests are caused by the lack of strict application of the police code of ethics sanctions against investigators, specifically regarding sanctions against investigators who violate the police code of ethics.
Copyright (c) 2023 Dedy Irawan, Haris Retno Susmiyati, Orin Gusta Andini https://creativecommons.org/licenses/by-nc/4.0
Bantuan Hukum Terhadap Anak Korban Tindak Pidana Kekerasan Seksual Di Indonesia
Sexual violence against children and women is a problem that is rife lately. The number of children who become victims of sexual violence cases is due to the mindset that these children are considered helpless. The government and also related institutions to prevent cases of sexual violence against children and women have made various efforts, for example, in terms of policies and also firm regulations. This research uses descriptive research with the type of research is normative juridical. In providing protection for child victims of sexual violence and providing legal assistance for child victims of sexual violence, many obstacles are still encountered. These constraints are both constraints from internal factors and also constraints from external factors. The implementation of legal protection for child victims of sexual violence, in reality, still cannot be implemented optimally following the policies of existing laws and regulations in Indonesia. Enforcing the law in the criminal act of sexual violence against children, it can fulfill a sense of justice for the victim, the victim's family, and the community by imposing maximum punishment and strict sanctions for perpetrators of sexual violence against children.
Copyright (c) 2023 Adinda Khairun Nisa, Nicka Tri Mulyasari https://creativecommons.org/licenses/by-nc/4.0
Urgensi Pos Bantuan Hukum (Posbakum) Dalam Pemenuhan Hak Terdakwa Di Rutan Boyolali
Indonesia is a state of law, but many people do not comply with the law. In 2018–2020, the number of crimes in various regions of Indonesia continues to increase, and Boyolali Regency is no exception. This means that many people who act as perpetrators of criminal acts have to deal with the legal process. With so many people becoming defendants, the state has an obligation to ensure that the rights of the accused are fulfilled, one of which is the right to get free legal assistance through the presence of Posbakum both at detention centers and at the District Court. However, many defendants did not know or use their rights. This study used a qualitative, non-doctrinal approach by seeking informants to find out about the role of Posbakum and efforts to optimize Posbakum in the Boyolali detention center. From this research, it will be known that Posbakum has a role in fulfilling the rights of the accused during the process of dealing with the law and the efforts made by the Boyolali detention center in realizing the rights of the accused who are undergoing detention there.
Copyright (c) 2023 Marisa Kurnianingsih, Muchamad Iksan, Cahyo Kuntoro, Alfath Sartanto https://creativecommons.org/licenses/by-nc/4.0
Kepastian Hukum Kepemilikan Tanah dan Bangunan Bagi Pembeli Perumahan Korpri Griya Mutiara Indah di Penajam Paser Utara
One of the forms of transfer of regional property is through a grant with the approval of the regent. However, civil servants as recipients of land grants in 2008 and 2014 have not been able to issue them as Certificates of Ownership. This study aims to identify the inhibiting factors for the issuance of Property Rights Certificates, as well as to analyze legal certainty regarding land and building ownership for buyers and to find out the forms of efforts that can be taken by grantees. This study produces and proposes the following findings: First, the inhibiting factors in the issuance of certificates of property rights at the Korpri Griya Mutiara Indah housing estate in North Penajam Paser are the legal substance factor and the legal factor. second, the legal certainty of land and building ownership for the buyer in the form of Building Use Rights on the land of Management Rights which is still a regional asset and the efforts that can be made by the recipient of the land grant for the Korpri Griya Mutiara Indah Housing in North Penajam Paser can be done first. through the Regional Finance and Assets Agency, which then develops regional property in the form of land with management rights, approval from the DPRD is needed so that civil servants can apply for an upgrade to a Certificate of Ownership to the land office of North Penajam Paser Regency.
Copyright (c) 2023 Ismi Dayana, Purwanto, Aryo Subroto https://creativecommons.org/licenses/by-nc/4.0
Penanganan Terbaik Pada Kelebihan Kapasitas Lembaga Permasyarakatan Di Beberapa Negara
This research is motivated by the fact that there are still many Correctional Institutions in several countries that experience overcapacity of residents caused by the orientation of the application of imprisonment. This normative research aims to find out the best form of handling related to the overcapacity of prisons in several countries and whether the best treatment in several countries can be applied in Indonesia to reduce the overcapacity of prisons in Indonesia. The research method used in this research is doctrinal law research. The results found from this study indicate that the increase in the overcapacity of prisons in several countries is due to the practice of imprisonment. Therefore, it is necessary to develop and increase the effectiveness of alternative criminals, and it is necessary to reform the criminal law legislation for certain types of crimes.
Copyright (c) 2023 Turnip Mega Marta, Mahendra Putra Kurnia, Rika Erawaty https://creativecommons.org/licenses/by-nc/4.0