Starting Volume 3 Number 4 Year 2024, the Journal of Law and Nation (SOLICLAW), which was originally accessible through the link https://joln.my.id/index.php/joln will be https://lawinsight.net/index.php/SOLICLAW Journal of Law and Nation (SOLICLAW) is published annually. Journal of Law and Nation (SOLICLAW) focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, business law, Civil and Criminal Law, International Business and Trade Law, Dispute Resolution, Real Estate Law, Criminal Law, Immigrant and Tourism Law, Common Law, Agency Law, Employment Law, Health Law, Politics, Education and other studies related to law.
TRANSFORMASI KEPEMIMPINAN DIGITAL DALAM DOKTRIN PERTAHANAN: STUDI PERBANDINGAN RUSIA, AMERIKA SERIKAT, DAN ISRAEL SEBAGAI BASIS PENGUATAN PERTAHANAN SIBER INDONESIA
This study examines the transformation of digital leadership in defense doctrines, focusing on lessons from Russia, the United States, and Israel, and their implications for the urgency of establishing an Indonesian cyber defense doctrine. The research employs a literature-based approach through strategic comparative studies, policy analysis, and global benchmarking. Findings reveal that Russia emphasizes digital sovereignty through strategic information control; the United States prioritizes multisectoral collaboration and technological innovation; while Israel highlights leadership flexibility and the development of digital human capital. Benchmarking indicates that Indonesia should integrate these three approaches in formulating a national cyber defense doctrine rooted in Pancasila values, national interests, and the principle of state sovereignty. Therefore, the establishment of a cyber defense doctrine in Indonesia is a strategic necessity to strengthen national security, protect critical infrastructure, and develop adaptive digital leadership in the era of technological disruption.
Gatot Dwi Nugroho, Tarsisius Susilo, Gusti Bagus Oka Tapayasa, H.D. Arifin Simanjuntak
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INTERVENSI KEMANUSIAAN DARI AMNESTY INTERNATIONAL TERHADAP ISU DISKRIMINASI HAM UNTUK FIRST NATION DI KANADA PASCA 2016
My research examines Amnesty International's intervention in the issue of discrimination against First Nations in Canada. The discussion is written in a descriptive, argumentative, and analytical manner using qualitative research methods with secondary data. The results of the study show that Amnesty's efforts have not been successful in resolving this issue. Using the English School Theory, which focuses on pluralism and solidarism, this theory finds the reason for the obstacles to Amnesty's dialogue with the Canadian government regarding indigenous rights violations to be the different framing of First Nation issues. Amnesty's strategy consists of three approaches: first, publishing research, petitions, and posters with the assistance of other mass media; second, correspondence with the government; and third, collaboration with activist organisations.
XI JINPING DAN MOBILISASI SUMBER DAYA NASIONAL TIONGKOK: MODEL KEPEMIMPINAN TEKNOKRATIS DAN IMPLIKASINYA BAGI INDONESIA
President Xi Jinping’s leadership in China exemplifies a technocratic style focused on mobilizing the nation’s full spectrum of resources science and technology (S&T), industry, and high quality human capital to realize the China Dream, including military modernization. This paper examines how Xi’s technocratic leadership model integrates scientific capability and economic strength into defense strategy through a whole-of-nation approach such as Military-Civil Fusion (MCF), surging defense R&D investment, and military digital transformation. The core question is to what extent the synergy of research technology, defense industry human resources under Xi can inform the reformulation of Indonesia’s defense strategy and accelerate TNI’s digitalization. The study finds that amid Indo-Pacific competition, the ability to harness S&T comprehensively is a key determinant of defense superiority. Indonesia must learn from China’s approach, for example, by integrating research institutes, industries, and the military; boosting defense R&D; and building a TNI cyber force, to achieve a strategic leap toward Golden Indonesia 2045. Crucially, any such adaptation must be aligned with Indonesia’s Pancasila democracy and national context, ensuring that the defense strength built is not a threat to peace but a power to protect the nation.
Sutarto, Tarsisius Susilo, Budi Saroso, Beny Leonard Limbong
KEPEMIMPINAN TRUMP DAN NASIONALISME SUMBER DAYA: REFLEKSI TERHADAP KEMANDIRIAN DOKTRIN PERTAHANAN INDONESIA
This study examines Donald Trump’s leadership characterized by resource nationalism under the “America First” policy and its implications for Indonesia’s defense logistics self-reliance strategy and doctrine. Geopolitical polarization across multiple domains (energy, technology, cyber, information) during Trump’s era was marked by an emphasis on national self-reliance, for example, withdrawing from global agreements (Paris Accord) and pushing full exploitation of domestic energy resources. Trump’s leadership style has been described as populist, protectionist, isolationist, and nationalist, often pursuing transactional “deal-making” to advance U.S. interests. Prior studies discuss Trump’s policies broadly, but have yet to explore their impact on Indonesia’s defense independence concept. Using a descriptive- qualitative approach and comparative case study, this research juxtaposes the “America First” strategy (USA) with “Indonesia First” efforts in achieving self-reliance in the defense sector. Findings indicate Trump’s policies of defense re-industrialization and energy “dominance” in the U.S. provide valuable lessons for Indonesia to strengthen its defense equipment and logistics autonomy in line with Pancasila values and the spirit of berdikari (standing on one’s own feet). Indonesia should develop a self-reliant defense posture supported by a strong domestic industry and strategic resource reserves, while still engaging internationally under its independent-and-active foreign policy. Indonesia’s future defense doctrine should embody “Active Self-Reliance”: achieving autonomy in defense capabilities, yet remaining proactive in defense diplomacy. This approach would enhance the Indonesian Armed Forces’ readiness amid global disruptions and ensure the long-term sovereignty and dignity of Indonesia’s defense.
Rahmad Saerodin, Tarsisius Susilo, Tedy Basuki, Ignatius Widi Nugroho
GEOPOLITIK KEPEMIMPINAN GLOBAL DAN KOMPETISI SUMBER DAYA: PERSPEKTIF INDO- PASIFIK DAN PETA ULANG DOKTRIN PERTAHANAN RI
The contest for global leadership is increasingly centered in the Indo-Pacific, where major powers the United States, China, and Russia are vying for strategic resources. This rivalry spans multiple domains (energy, critical minerals, technology, land, and information) and is reshaping the region’s security architecture. This article examines how resource competition (for example, disputes over oil in the South China Sea, the 5G and semiconductor race, and struggles for supply routes) is impacting Indo- Pacific geopolitics and influencing Indonesia’s security environment. It underlines the urgency for Indonesia to respond by recalibrating its national defense doctrine. Grounded in the Asta Cita 2045 vision, Indonesia must formulate an adaptive defense doctrine that strengthens maritime security, multi-domain capabilities (cyber and space), and defense diplomacy all while upholding its independent and active foreign policy. Using an interdisciplinary approach, this study identifies patterns of resource rivalry among great powers, assesses the threats and opportunities for Indonesia, evaluates gaps in Indonesia’s current defense doctrine, and proposes a new “Indo-Pacific” defense doctrine framework aligned with the Indonesia Gold 2045 agenda. The analysis recommends a proactive and comprehensive Indonesian defense doctrine to safeguard sovereignty and national resources amid global rivalry, enabling Indonesia to contribute constructively to regional stability toward 2045.
Rudi Hartono, Tarsisius Susilo, Setiawan Arismunandar, Edi Wahyudi
ERDOĞAN DAN KONVERGENSI SUMBER DAYA GEOSTRATEGIS TURKI: PELAJARAN BAGI INDONESIA SEBAGAI POROS MARITIM DUNIA
Recep Tayyip Erdoğan has capitalized on Turkey’s unique position at the crossroads of Europe and Asia with an Ottoman heritage to assert regional influence. Through a convergence of geostrategic resources, Erdoğan integrates Turkey’s geographical advantages, domestically built military power, and historical-cultural capital to elevate Turkey as a regional player. This paper examines Erdoğan’s strategy in leveraging strategic location (the Bosphorus and Dardanelles straits), military strength and defense industry (e.g. Bayraktar drones, the “Blue Homeland” doctrine), as well as Ottoman historical legacy and soft power (popular TV series, Muslim diplomacy) that bolster Turkey’s leadership in the Islamic world. It then discusses the relevance and lessons for Indonesia a strategically located archipelago in the Indo-Pacific in realizing its Global Maritime Fulcrum vision. Using comparative strategic analysis, we identify key elements: (a) the importance of exploiting geostrategic location (chokepoint straits) via diplomacy and sovereignty enforcement; (b) building national maritime power and self-reliant defense industries; (c) harnessing historical capital and cultural diplomacy to support regional leadership; and (d) adapting strategies to Indonesia’s context of a non-aligned, peace-oriented foreign policy. In conclusion, Indonesia can constructively adapt Erdoğan’s “convergence” approach by developing robust sea power, proactive maritime diplomacy, and a strong maritime identity to become a Global Maritime Fulcrum that is influential yet remains peaceful in line with Pancasila values.
Reno Triambodo, Tarsisius Susilo, Wahyu Ramadhanus, Thomas H.K Sinaga
PUTIN DAN KEDAULATAN ENERGI: KEPEMIMPINAN AUTARKI SEBAGAI BASIS STRATEGI PERTAHANAN NASIONAL
Vladimir Putin’s autarkic leadership emphasizes Russia’s self-reliance in resources, particularly energy, as the foundation of its national defense strategy. Western geopolitical pressures such as NATO expansion and economic sanctions pushed Putin to weaponize energy as Russia’s strategic bargaining tool. This article examines how Putin’s energy sovereignty policies shaped Russia’s defense capabilities and explores lessons Indonesia can adopt in building a defense system based on strategic natural resources. Literature shows that Russia has leveraged its dominance in oil and gas exports for geopolitical influence, while domestically reinforcing state control over the energy sector and pursuing defense self-sufficiency despite sanctions. This study employs a qualitative case study approach, comparing Russia’s experience with Indonesia’s context. The analysis confirms that mastery of natural resources strengthens defense resilience; Russia financed its military modernization through energy windfalls and remained relatively resilient against embargoes through local innovation. For Indonesia, energy sovereignty is a prerequisite for long-term defense and must be integrated into national doctrine. However, Indonesia’s approach must adhere to Pancasila ethics utilizing resources for self- defense without weaponizing them for coercion. Key recommendations include cross-sector synergy (Energy–Defense) to secure strategic reserves for the armed forces, investment in new energy sources (biofuels, batteries) for military platforms, and strengthening resource-based defense industries. These steps will shape Indonesia’s 2045 defense posture into a resilient and self-reliant system, aligned with ethical values and global cooperation.
Mandri Kartono, Tarsisius Susilo, Setiawan Arismunandar, Edi Wahyudi
ALI KHAMENEI DAN KETAHANAN IDEOLOGIS IRAN: KEPEMIMPINAN SPIRITUAL-MILITER DALAM MENGELOLA SUMBER DAYA UNTUK RESISTENSI NASIONAL
Ayatollah Ali Khamenei, as Iran’s Supreme Leader, combines spiritual authority with military influence in his leadership. Under Khamenei, Iran faces severe international sanctions and global pressure, yet has endured through strong ideological resilience. This paper analyzes how integrating ideology (values of the Islamic Revolution and Shi’ism) with Iran’s self-reliant defense strategies (such as the resistance economy and domestic military development) has been key to national resistance. Khamenei launched the “Resistance Economy” concept emphasizing self-sufficiency and diversification for example, achieving fuel independence by building domestic refineries, bolstering food security, and developing defense technology (local drones and ballistic missiles) Khamenei’s spiritual-military leadership –legitimized by the principle of Wilayat al-Faqih enables him to guide the people ideologically while also controlling military strategy, as seen when he issued a fatwa banning nuclear weapons yet still pushed for strengthened civilian nuclear capacity. In comparison, Indonesia’s defense is guided by the Pancasila ideology and the 1945 patriotic values. This study compares Iran’s principle of ideological resilience with that of Indonesia, which, although different (theocracy vs. Pancasila), both emphasize ideological strength in defense. The findings indicate that a strong state ideology can foster national solidarity against threats, with the caveat that differing contexts require strategic adaptation. Implication: Indonesia can learn from Iran the importance of ideological resilience, but apply it according to Pancasila values making Indonesia’s defense resolute in protecting sovereignty while remaining humane.
Nur Rochmad Ibrohim, Tarsisius Susilo, Budi Saroso, Beny Leonard Limbong
ANALISIS PASAL 16 AYAT (1) UNDANG-UNDANG NOMOR 2 TAHUN 2014 TERHADAP INDEPENDENSI NOTARIS DALAM PRAKTIK REKANAN BANK
This study aims to analyze the provisions of Article 16 paragraph (1) of Law Number 2 of 2014 concerning the Position of Notary, specifically regarding the principle of notary independence when practicing as a bank partner. This article regulates the obligation of notaries to act honestly, independently, impartially, and protect the interests of the parties involved in every deed. However, in practice, the involvement of notaries as bank partners has the potential to create a conflict of interest, considering the existence of a commercial cooperative relationship between the notary and the bank. This study is a literature study with a normative legal research method, using a statute approach. The results of the analysis show that the cooperation between Notaries and Banks is contractual, but has the potential to violate the principle of neutrality because it creates a special relationship with one of the parties facing the notary. Provisions on honorariums and other rights often trigger conflicts of interest that are contrary to Article 16 paragraph (1) letter a of the UUJN and Article 3 paragraph (4) of the Notary Code of Ethics. This condition can risk reducing the status of the deed to a private deed or making it null and void by law, so an evaluation is needed to maintain the integrity and public trust in the notary profession.
SIBER, INFORMASI, DAN KEPEMIMPINAN ERA DIGITAL: TRANSFORMASI SUMBER DAYA TEKNOLOGI DALAM DOKTRIN PERTAHANAN INDONESIA
The digital era has introduced a new domain of warfare: cyberspace and information. Major powers such as Russia, the United States, and Israel demonstrate how visionary leadership in cyberspace can transform technology into strategic defense capabilities. Russia integrates cyberattacks and disinformation as geopolitical tools, the U.S. has established the Defend Forward doctrine alongside broad public–private partnerships, while Israel, through Unit 8200, embeds cyber operations into every military campaign. Indonesia, facing rising threats such as massive data breaches and disinformation campaigns, urgently needs a distinctive national cyber defense doctrine. This article analyzes global leadership models, assesses Indonesia’s existing gaps, and proposes a cyber defense framework grounded in Pancasila and TNI’s values of struggle. Findings suggest that without doctrinal reform, Indonesia risks becoming a soft target in global cyber warfare. However, through transformational leadership and proactive policies, Indonesia can transform technological resources into a resilient digital defense shield, aligned with the vision of Indonesia Emas 2045.
Hendra Saputra, Tarsisius Susilo, Nurhidayat, Tuwadi
THE IMPLEMENTATION OF PUBLIC HEALTH LAW IN STRENGTHENING HEALTH PROMOTION AND DISEASE PREVENTION
Public health law plays an important role in regulating health efforts, promoting healthy behavior, and preventing diseases within modern health systems. This study aims to analyze the implementation of public health law to strengthen health promotion and disease prevention through a literature review. The research employs a qualitative method, drawing on library research to examine scholarly articles, academic publications, and international health reports on public health regulation and implementation practices. The findings indicate that effective public health regulations help control health risks, improve preventive health services, and encourage healthier public behavior. However, successful implementation depends on institutional capacity, law enforcement mechanisms, and community participation. In the era of global health challenges, adaptive regulatory frameworks and coordinated policy implementation are essential to strengthen health systems and ensure sustainable public health protection.
ASPEK HUKUM CYBERCRIME TERHADAP MODUS SCAM PINJAMAN ONLINE BERBASIS ARTIFICIAL INTELLIGENCE
The development of Artificial Intelligence (AI) has significantly impacted Indonesia’s digital finance sector. While AI enhances efficiency in online lending (fintech lending) services, it also introduces sophisticated financial scams. AI-driven online loan scams involve digital manipulation through deepfakes, chatbot phishing, and personal data misuse for illegal profit. This study aims to analyze the legal aspects of cybercrime in AI-based financial scams using a normative juridical approach, focusing on Law No. 11 of 2008 on Electronic Information and Transactions, Law No. 4 of 2023 on Financial Sector Development and Reinforcement, and Law No. 27 of 2022 on Personal Data Protection. The findings indicate that AI-driven loan scams represent a form of organized cybercrime that requires technology-based law enforcement. Legal reform and institutional collaboration between the Financial Services Authority (OJK), the Police, and the Ministry of Communication and Information are essential to implement Regulatory Technology (RegTech) as a preventive and control mechanism for AI-related scams.
PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA TERHADAP ANAK PELAKU TINDAK PIDANA KEPEMILIKAN SENJATA TAJAM(Studi Putusan Nomor: 58/Pid.Sus-Anak/2024/PN Tjk)
This study aims to analyze law enforcement regarding the causal factors and considerations of judges in criminal cases against children perpetrator possession of sharp weapons. The sources and types of data used are primary and secondary data. Data collection through library research and field research. The causal factors for criminal acts against children for possession of sharp weapons are social factors that contribute to juvenile delinquency, including inadequate supervision and easy access to weapons, which exacerbate the risk of violence among young people. Then the judge not only considers the applicable legal provisions, but also the principle of the best interests of the child and rehabilitative efforts, in order to prevent recidivism and support the social reintegration of children.
KAJIAN NORMATIF TERHADAP LEGALITAS DAN IMPLIKASI HUKUM PRAKTIK THRIFTING SEBAGAI PERDAGANGAN BARANG BEKAS DI INDONESIA
The phenomenon of used clothing trade or thrifting has emerged as an alternative economic trend in Indonesia, especially among urban youth. This practice raises legal concerns since most of the traded goods are imported used clothes prohibited under Indonesian positive law. This study employs a normative juridical approach using qualitative analysis of laws and regulations governing import and trade activities. The findings indicate that thrifting involving imported used clothing constitutes a violation of Minister of Trade Regulation No. 40 of 2022 and Law No. 7 of 2014 on Trade, as well as breaches consumer protection principles under Law No. 8 of 1999. The legal implications extend beyond economic crime to affect domestic textile industries and public health. Strengthening regulations and coordinated supervision is necessary to ensure that thrifting operates within a legitimate and equitable legal framework.
PENYELESAIAN SENGKETA KETENAGAKERJAAN TERKAIT UPAH PEKERJA PT AUDIKA JAYA BERSAMA YANG TIDAK DIBAYARKAN OLEH PT PERKEBUNAN NUSANTARA VII (Studi Putusan Nomor 19/Pdt.G/2024/PN Tjk)
One of the issues that often stands out in employment is disputes related to wage payments. In many cases, workers face a situation where the wages they should receive are not paid by the company. This is not only financially detrimental to workers, but can also have broader social impacts, including dissatisfaction among workers and potential conflict between workers and the company. The research method used in this study is through a normative and empirical legal approach using secondary and primary data. The purpose of this study is to determine the factors causing the occurrence of labor disputes related to the wages of PT Audika Jaya Bersama workers that were not paid by PT Perkebunan Nusantara and the process of resolving disputes related to the wages of PT Audika Jaya Bersama workers that were not paid by PT Perkebunan Nusantara VII. The results of this study indicate that one of the main causes of the dispute between PT Audika Jaya Bersama and PT Perkebunan Nusantara VII is the ambiguity in the employment contract agreement, and the mediation process carried out in this case proves that resolving labor disputes through non-litigation channels is an effective and efficient step. Mediation provides space for both parties to dialogue, seek mutually beneficial solutions, and resolve conflicts peacefully.
TINDAK PIDANA KEKERASAN SEKSUAL TERHADAP ANAK YANG DI LAKUKAN OLEH KAKEK TIRI(Studi Putusan Nomor 54/Pid. Sus/2024/PN Liwa)
Kekerasan seksual, khususnya terhadap anak, merupakan permasalahan serius yang mendalam di masyarakat Indonesia. Berdasarkan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945,negara berkewajiban melindungi seluruh warganya dari kekerasan dan kejahatan yang membahayakan, seperti kekerasan seksual. Termasuk di dalamnya yang melibatkan anggota keluarga,seperti ayah kandung atau tiri dan kakek kandung atau tiri. diperlukan upaya lebih lanjut dalam meningkatkan kesadaran masyarakat, memperkuat sistem perlindungan hukum pemidanaan yang tegas pada pelaku kekerasan seksual pada anak., dan memberikan dukungan psikologis yang memadai bagi korban kekerasan seksual. Permasalahan penelitian Apa yang menjadi faktor Penyebab Tindak pidana Kekerasan seksual pada Anak Yang Di Lakukan Oleh Kakek Tiri Berlandaskan Putusan Nomor 54/Pid. Sus/2024/PN Liwa Dan Bagaimana Pertimbangan Hakim untuk menjatuhkan putusan pada Pelaku Tidak Pidana Kekerasan Seksual Terhadap Anak Yang Dilakukan Kakek Tiri dalam Putusan Nomor 54/Pid. Sus/2024/PN Liwa. Metode penelitian menggunakan pendekatan yuridis normatif yaitu penelitian yang dilakukan dengan cara berdasarkan asas-asas hukum dalam teori/pendapat sarjana dan mengkaji perundang-undangan yang berlaku serta pendekatan empiris yaitu dilakukan dengan melihat kenyataan dilapangan, berupa wawancara untuk diterapkan agar dapat menjawab persoalan yang berhubungan dengan masalah penelitian. Hasil penelitian faktor penyebab tindak pidana kekerasan seksual terhadap anak oleh kakek tiri, berdasarkan Putusan Nomor 54/Pid.Sus/PN Liwa, melibatkan faktor internal mencakup dorongan seksual yang tidak terkendali dan rendahnya moralitas pelaku. Sementara faktor eksternal termasuk kurangnya pengawasan orang tua, terutama ibu korban dan lingkungan yang memberi peluang bagi pelaku. Peran keluarga, khususnya orang tua, sangat penting dalam melindungi anak dari kekerasan seksual dengan memberikan pengawasan yang memadai, menciptakan hubungan yang terbuka, dan memberikan edukasi perlindungan anak. Hal ini menunjukan perlunya Penegakan hukum yang tegas untuk mencegah dan menangani kekerasan seksual pada anak. Dan Dalam Putusan Nomor 54/Pid.Sus/2024/PN Liwa, Hakim empertimbangkan berbagai faktor sebelum menjatuhkan putusan terhadap pelaku tindak pidana kekerasan seksual terhadap anak yang dilakukan oleh kakek tiri. Hakim menilai bahwa perbuatan terdakwa memenuhi unsur-unsur dalam Pasal 81 Ayat (3) Undang-Undang Perlindungan Anak, termasuk kekerasan fisik dan ancaman, serta hubungan keluarga antara pelaku dan korban.Pertimbangan memberatkan termasuk trauma yang ditimbulkan pada korban, pelanggaran norma agama dan susila, serta perbuatan yang dilakukan berulang kali. Sementara itu, faktor yang meringankan adalah pengakuan dan penyesalan terdakwa. Hakim menjatuhkan pidana penjara selama 10 tahun, denda Rp 500 juta, dan langkah- langkah perlindungan bagi korban. Saran bagi Orang tua perlu berhati-hati meninggalkan anak tanpa pengawasan, terutama jika ada orang dewasa lain yang memiliki akses langsung kepada anak. Edukasi kepada anak tentang hak mereka atas tubuh sendiri, termasuk mengenali dan melaporkan situasi yang tidak nyaman. Pentingya bagi sistem peradilan untuk terus memperhatikan perlindungan korban kekerasan seksual, terutama anak, melibatkan berbagai lembaga dapat mendukung pemulihan fisik dan psikologis korban.
PENERAPAN PRINSIP GOOD GOVERNANCE DALAM HUKUM ADMINISTRASI NEGARA: ANALISIS YURIDIS ATAS AKUNTABILITAS, TRANSPARANSI, DAN PARTISIPASI PUBLIK
The application of good governance principles is a fundamental element in the implementation of democratic and law-based governance. In the context of state administrative law, the principles of accountability, transparency, and public participation serve as instruments for controlling administrative authority and protecting citizens' rights. This study aims to analyse the application of these good governance principles within the framework of state administrative law in Indonesia through a juridical approach. The research method used is qualitative research in the form of library research, which examines primary, secondary, and tertiary legal materials, including legislation, legal doctrines, and Scopus-indexed scientific journal articles. Data analysis is carried out in a legal-normative manner using a conceptual and legislative approach. The results of the study show that although the principles of accountability, transparency, and public participation have a strong normative basis, their implementation in the practice of governance still faces various obstacles. Accountability tends to be formal, transparency is not yet fully substantive, and public participation is still limited to procedural fulfilment. This study concludes that strengthening the application of good governance principles in state administrative law requires consistency in implementation, increased capacity of the apparatus, and effective oversight mechanisms to realise a democratic, just, and public interest-oriented government
PERANAN HUKUM DALAM PENGENDALIAN KORUPSI TERHADAPPEMBANGUNAN EKONOMI DI INDONESIA
Corruption is one of the biggest challenges in Indonesia's economic development. Corruption practices not only reduce resource allocation efficiency but also erode public trust in state institutions. This study aims to analyze the role of law in controlling corruption to support sustainable economic development. Using a normative-empirical approach, the study reveals that law plays a significant role in fostering transparency, accountability, and deterrence through strict law enforcement. However, the effectiveness of the law is often hindered by weaknesses in the judicial system and inadequate oversight. Comprehensive legal reform, strengthening of supervisory institutions, and integration of digital technology are needed to enhance efficiency and reduce corruption potential. This study concludes that effective corruption control can significantly contribute to inclusive and sustainable economic growth
ANALISIS YURIDIS TERHADAP IMPLEMENTASI UNDANG-UNDANG DASAR 1945 DALAM SISTEM HUKUM INDONESIA
The 1945 Constitution of the Republic of Indonesia serves as the supreme law and the fundamental basis for state governance as well as the primary source of law within the Indonesian legal system. This study aims to provide a juridical analysis of the implementation of the 1945 Constitution in the Indonesian legal system and to examine its implications for the principles of the rule of law, constitutional supremacy, and the protection of human rights. This research employs a normative legal research method using statutory and conceptual approaches. Data were collected through library research by examining primary, secondary, and tertiary legal materials, which were analyzed qualitatively using a descriptive-analytical juridical method. The findings indicate that, normatively, the implementation of the 1945 Constitution has reflected the principles of the rule of law and constitutional supremacy, particularly through legislative processes, constitutional review by the Constitutional Court, and guarantees of human rights protection. However, in practice, several challenges remain, including weak law enforcement, non-compliance with constitutional provisions, and the potential abuse of power, which hinder the effective implementation of the Constitution. Therefore, strengthening legal awareness, institutional reform, and enhancing the effectiveness of law enforcement are essential to ensure that the 1945 Constitution is implemented consistently, fairly, and sustainably within the Indonesian legal system
HUKUM KEPERAWATAN: MENDEFINISIKAN DAN MELINDUNGI TUGAS, TANGGUNG JAWAB, DAN HAK HUKUM PERAWAT DALAM SISTEM PELAYANAN KESEHATAN
This study analyses nursing law in Indonesia based on Law No. 38 of 2014 on Nursing to define the duties, responsibilities, and legal rights of nurses in the health care system. Through a normative juridical approach with a literature review of primary and secondary legal materials, the study identified two main discussions: (1) the definition and scope of nurses' duties, which include nursing care, delegation of authority, and civil, criminal, and administrative responsibilities; and (2) preventive and repressive legal protection mechanisms through standard operating procedures (SOPs), professional organisations, and legal assistance. The results show that although the legal framework is comprehensive, implementation remains weak due to unclear delegation of authority and low legal literacy. Recommendations include strengthening derivative regulations, legal training, and non-punitive investigation systems to enhance the professionalism and protection of nurses.
ETIKA DALAM KERJASAMA SENI DI TENGAH KONFLIK GLOBAL. KOLABORASI SENI DEWAN KESENIAN JAKARTA (DKJ) DAN UKRAINIAN INSTITUTE (UI) TAHUN 2024
The dynamics of international art cooperation in the contemporary globalization era present significant ethical challenges and complexities, particularly in the context of cultural diplomacy between art institutions from developing countries and nations experiencing geopolitical conflicts, such as the relationship between Jakarta Arts Council (DKJ) and Ukrainian Institute amid prolonged war conditions. This research aims to comprehensively analyze the application of ethical principles in bilateral art cooperation during year of 2024, identify ethical factors influencing decision-making, and formulate a sustainable international art corporation ethical model. In writing the research employs a qualitative approach with library research methodology, analyzing academic literature from 2021 – 2025 through thematic analysis techniques with applied ethics theoretical framework. This research successfully identified five fundamental ethical principles: humanitarian solidarity (35%), artistic integrity (25%), political neutrality (20%), transparency (15%) and accountability (5%). The main dilemma lies in the tension between humanitarian solidarity and political neutrality, resolved through intensive dialogue, third-party mediation, and contextual adaptation. The integrated ethical model combining care ethics with local cultural contexts proves effective in managing ethical conflicts, providing practical guidelines for Indonesian arts institutions in responsible and sustainable international cooperation.
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JAMINAN KEPASTIAN PERLINDUNGAN HUKUM TERHADAP DRIVER OJEK ONLINE: STUDI KASUS PEMBERITAAN MEDIA NASIONAL DEMONSTRASI AKBAR DRIVER GRAB MEI 2025
This study analyzes the guarantee of legal certainty and protection for online motorcycle taxi (ojol) drivers in Indonesia through a case study of national media coverage regarding the Mass Demonstration of Grab Drivers in May 2025. A qualitative content analysis method was applied to 58 news articles from Kompas.com, Detik.com, Tempo.co, CNNIndonesia.com, Liputan6.com, Tirto.id, and Kontan.co.id published throughout January-May 2025. Findings reveal that media coverage predominantly reflects the absence of adequate legal certainty for drivers, particularly concerning unfair wages, non-transparent fare algorithms, unilateral termination mechanisms, and weak bargaining power in policy negotiations. Media played a crucial role in elevating this issue to public discourse, prompting government response. However, analysis indicates that existing legal frameworks—especially Law No. 11 of 2020 on Job Creation and its derivative regulations—remain ineffective in ensuring essential protections for gig economy workers. The study concludes that progressive policy reforms are imperative to establish equitable legal certainty and social security guarantees for ojol drivers.
SENGKETA LAUT CINA SELATAN PASCA PUTUSAN PERMANENT COURT OF ARBITRATION TAHUN 2016 PERSPEKTIF HUKUM INTERNASIONAL
China's unilateral claims in the South China Sea have triggered disputes due to overlapping claims by several countries in the Southeast Asia region and China. This study aims to analyze the South China Sea disputes post the Permanent Court of Arbitration (PCA) ruling in 2016 from an international law perspective. The method used is a normative juridical approach with literature study and analysis of official documents and foreign policies of each country post-PCA ruling. The results show that although the PCA ruling is final and binding under UNCLOS 1982, its implementation on the ground still faces political and diplomatic obstacles. China's non- compliance with the ruling presents a significant challenge in enforcing international law when dealing with major countries. However, the ruling remains an important precedent in the peaceful resolution of maritime disputes based on international law. The success of international law in the South China Sea disputes does not only depend on the legal decision itself but also on the political will of countries to comply with and respect the applicable law. A more assertive, participatory, and consistent multilateral approach is needed for the supremacy of international law to be effectively upheld in the resolution of future maritime conflicts
PERAN HUKUM DAN FUNGSI BADAN USAHA MILIK NEGARA (BUMN) DALAM PEREKONOMIAN NASIONAL
This study aims to analyse the legal role and function of State-Owned Enterprises (SOEs) in supporting the national economy in accordance with the mandate of Article 33 of the 1945 Constitution of the Republic of Indonesia. As state-owned economic entities, SOEs have two main functions, namely legal and economic functions, which are interrelated. The legal function plays a role in structuring, supervising, and managing SOEs to ensure they operate in accordance with the principles of transparency, accountability, and public interest. Meanwhile, the economic function of SOEs is evident in their contribution to gross domestic product (GDP) growth, employment, infrastructure development, and equitable distribution of wealth. This study uses a literature review method with a normative juridical approach based on an analysis of legislation, academic literature, and official government documents. The results of the study show that the success of SOEs in carrying out their functions is highly dependent on the effectiveness of the legal system that regulates them and the consistent application of the principles of good corporate governance. With the support of a strong legal framework, SOEs can optimally function as state economic actors and instruments of equitable and sustainable national development.
EKSISTENSI PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) DALAM MENCEGAH TERBITNYA SERTIPIKAT GANDA DI KANTOR PERTANAHAN SERANG BANTEN
The rise of cases of multiple certificates related to the ownership of land rights. The Government is making efforts to prevent it through the Complete Systematic Land Registration (PTSL) program. The formulation of the problem in writing this journal is 1) what are the legal consequences of having land ownership with multiple certificates? 2) how is the existence of the Complete Systematic Land Registration (PTSL) program in preventing the issuance of multiple certificates at the Serang Banten Land Office? The research method used in this research is literature or library research which is supported by interviews with informants using a qualitative approach. The results of the study show that 1) The legal consequence of having land ownership with multiple certificates is that it does not provide legal certainty, because the purpose of a person doing land registration is to obtain a certificate as a perfect means of proof. But with the emergence of multiple certificates, it creates legal uncertainty in terms of land registration. Apart from that, there are other legal consequences, namely the emergence of losses, meaning that a person expects to obtain legal status for his land, but due to multiple certificates and then being declared lost in court with the consequence in the form of a certificate being declared null and void, the person automatically suffers a loss. 2) The existence of the Complete Systematic Land Registration (PTSL) program in preventing the issuance of multiple certificates at the Serang Banten Land Office, namely this program is one of the programs created to reduce land disputes such as multiple certificate disputes. The role of the Complete Systematic Land Registration Program based on facts can reduce the occurrence of land disputes.
ANALISIS TANTANGAN DALAM PENYUSUNAN RANCANGAN UNDANG- UNDANG DI ERA TRANSFORMASI DIGITAL: ANTARA REGULASI, INOVASI, DAN PERLINDUNGAN HAKAkhmad Zaki Yamani
The rapid development of digital technology has had a significant impact on social, economic, and legal life. However, the main challenge in drafting regulations in the digital era is the difficulty in balancing the need for innovation with the protection of individual rights. This article examines various challenges in digital regulation, such as slow legislative processes, a lack of technical understanding among policymakers, and reliance on rapidly changing technology. The article also provides recommendations for more adaptive regulatory strategies, including the application of risk-based regulations, strengthening data privacy protection, and emphasizing the importance of collaboration between policymakers and the technology sector. Additionally, the article highlights the importance of public participation in the digital legislative process and the role of education in enhancing policymakers' understanding of technology issues. With the right approach, digital regulation can create an ecosystem that supports innovation, protects individual rights, and is responsive to technological developments.
EFEKTIVITAS PENYIDIK BADAN NARKOTIKA NASIONAL SUMATERA UTARA DALAM PEMBERANTASAN TINDAK PIDANA NARKOTIKA
Narcotics abuse has become a serious problem that threatens the young generation and the stability of countries, including in Indonesia. Etymologically, narcotics comes from the Greek term "narke" which refers to the effects of anesthesia and loss of sensation. Narcotics abuse not only impacts an individual's physical and mental health, but also triggers social, economic and legal losses. Law Number 35 of 2009 defines narcotics as substances or drugs that can cause changes in consciousness, loss of pain, and cause dependence.In Indonesia, the circulation of narcotics continues to increase along with advances in technology and information that make it easier to distribute them illegally. The National Narcotics Agency (BNN) has a strategic role in eradicatin.
ANALISIS TERHADAP PUTUSAN NOMOR 339/PDT/2018/PT. DKI DAN PUTUSAN NOMOR 1852 K/Pdt/2019: PERBUATAN MELAWAN HUKUM ATAU CIDERA JANJI ATAS DANA NASABAH OLEH PERUSAHAAN KOMUDITI BERJANGKA
Cases of theft of company assets by unscrupulous employees are a criminal offense. Theft of company assets with entry permit facilities causes losses for the company, not only loss of assets, but also other legal consequences in the form of administrative sanctions from the government for the loss of goods with entry permit facilities. This research aims to understand the legal consequences for companies that are victims of criminal acts committed by unscrupulous employees considering that the goods stolen are imported goods with import duties exemption facilities which are the company's responsibility to the government authority that provides these facilities (for example: the Investment Coordinating Board and Directorate General of Customs and Excise). Next, examine whether administrative sanctions for the loss of company assets with import duty facilities fulfill the principles of justice for companies that are victims of theft by unscrupulous employees. This research is a Normative Juridical research with a legal approach and the concept of examining laws, research results and books to find legal theories, principles and views in the process of obtaining answers which are the main subject of this research.
PERATURAN HUKUM NEGARA DAN KEBIJAKAN NASIONAL YANG MENGATUR SISTEM SERTIFIKASI DAN TATA KELOLA PERKEBUNAN KELAPA SAWIT BERKELANJUTAN, TERMASUK PERAN PEMERINTAH DAN TANGGUNG JAWAB SOSIAL PERUSAHAAN DALAM MEWUJUDKAN KEBERLANJUTAN LINGKUNGAN DAN SOSIAL
This study analyses Indonesian national laws and policies governing the certification system and sustainable palm oil plantation management, focusing on two main topics: the ISPO-based legal system through Law No. 39/2014 on Plantations and Minister of Agriculture Regulation No. 38/2020, as well as the role of the government as a regulator-supervisor and corporate social responsibility (CSR) in accordance with Law No. 40/2007. Using a normative legal literature review method, the study found that the national legal framework has succeeded in integrating the principles of economic, social and environmental sustainability, but its implementation is hampered by overlapping regulations, weak inter-agency coordination, and a formalistic approach to CSR. Synergy between the government, companies and the community is needed to bridge the gap between legal norms and field practices in order to realise an inclusive and environmentally friendly palm oil industry in line with the SDGs.
PERANAN BADAN NARKOTIKA NASIONAL DALAM PENEGAKAN HUKUM DAN REHABILITASI TERHADAP PELAKU TINDAK PIDANAPENYALAHGUNAAN NARKOTIKA UNTUK DIRINYA SENDIRI SEBAGAI KORBAN (PECANDU)
Narcotics abuse continues to increase from year to year, not only among adults but also among teenagers and children. Given these problems, this research aims to examine and explain the function of the National Narcotics Agency in enforcing the law against individuals who carry out narcotics protection. Law enforcement as an action by BNN is expected to be able to provide answers that enable drug abusers to return to living as they should. This research method uses normative legal research. Where this research looks at various legal norms. Secondary data collected from various literature used in this research shows the role of the National Narcotics Agency in enforcing the law for narcotics perpetrators as regulated in the Narcotics Law Number 35 of 2009.