Journal of Law and Nation (SOLICLAW) | E-ISSN: 2962-9675 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.
PERTIMBANGAN HAKIM TERHADAP GUGAT CERAI AKIBAT PERSELINGKUHAN DI PENGADILAN AGAMA TANJUNG KARANG(Studi Putusan Nomor 1321/Pdt.G/2024/Pa.Tjk)
This study aims to analyze the factors leading to divorce lawsuits due to infidelity and to examine the legal considerations of the judges in deciding such cases at the Religious Court of Tanjung Karang. The research focuses on Decision Number 1321/Pdt.G/2024/PA.Tnk, in which the plaintiff filed for divorce on the grounds that the respondent frequently met with her ex-husband without the knowledge or consent of her legal husband. The research problems addressed are: (1) What are the factors that cause a husband to file for divorce due to his wife’s infidelity in Decision Number 1321/Pdt.G/2024/PA.Tnk? and (2) How did the judge consider the legal aspects in deciding the divorce case based on infidelity?. This research employs a normative and empirical juridical approach, with data obtained through literature review and direct interviews. The findings indicate that the primary factor in the divorce was the loss of trust resulting from suspected infidelity, supported by evidence and witness testimony. In deciding the case, the judge considered the principles of justice, the protection of the rights of both husband and wife, as well as the provisions stipulated in Law Number 1 of 1974 in conjunction with LawNumber 16 of 2019 and the Compilation of Islamic Law. This research is expected to serve as a reference for legal practitioners and the public in understanding and resolving divorce cases due to infidelity in a fair and lawful manner.
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SANKSI PIDANA SEBAGAI UPAYA PENEGAKAN HUKUM TERHADAP TINDAK PIDANA ILLEGAL FISHING
The very concerning level of deviation in fishing efforts is often found by both individuals and corporations that are carried out illegally or against the law. This study aims to determine the criminal sanctions and law enforcement against the crime of illegal or against the law fishing. Through secondary data analysis and interviews with law enforcement officers, this study found that the criminal sanctions for the crime of illegal fishing based on the Fisheries Law can be subject to a prison sentence of 10 years and a fine of IDR. 2,000,000,000 (Two Billion Rupiah). A qualitative approach is used to identify the stages of criminal law enforcement that influence the success of the law enforcement process against the crime of illegal or against the law fishing.
REKONSTRUKSI PENERAPAN QAWĀ‘ID AL-FIQHIYYAH DALAM PENETAPAN HAK NAFKAH PASCA PERCERAIAN DI INDONESIA
The determination of post-divorce maintenance rights in Indonesia is one of the key aspects of Islamic family law, aimed at ensuring the protection of former wives and children following the dissolution of marriage. Judicial practice shows that judges do not merely rely on the normative provisions of legislation, but also apply the principles of Islamic law contained in the qawā‘id al-fiqhiyyah. However, the application of these fiqh principles remains partial and has not yet been established within a systematic methodological framework. This article aims to reconstruct the application of qawā‘id al-fiqhiyyah in determining post-divorce maintenance rights in Indonesia through a normative-conceptual approach. This study employs a normative legal research methodology, which aims to examine applicable legal principles, particularly those relating to maintenance from the perspective of qawā‘id al-fiqhiyyah. The findings indicate that principles such as the need to eliminate harm, the principle that difficulty gives way to ease, the use of custom as a legal basis, and the requirement that the ruler’s policies be oriented towards the public interest can serve as a foundation for reconstructing the determination of iddah maintenance, mut’ah, madhiyah, and child maintenance. It is hoped that this reconstruction will lead to rulings that are fairer, more responsive, and focused on protecting women’s rights following divorce.
PERLINDUNGAN HUKUM BAGI PEMBELI BERITIKAD BAIK TERHADAP KEPEMILIKAN SERTIFIKAT TANAH GANDA
This study aims to analyze the legal gap in Article 19 of Law Number 5 of 1960 concerning the Basic Agrarian Principles that triggers overlapping land certificate disputes, while also evaluating the legal protection afforded to good faith buyers under Indonesian positive law. The central problem is that buyers who have transacted lawfully nevertheless lose legal certainty when their certificate turns out to overlap with another party's certificate due to weak administrative validation. This research employs a normative juridical method with statutory and conceptual approaches through a literature study of primary and secondary legal materials. The findings reveal that the negative publication system with positive tendencies positions the certificate merely as strong evidence rather than absolute proof, thus remaining vulnerable to lawsuits and cancellation through material proof. Legal protection for good faith buyers under positive law remains partial because the state has not provided an automatic restoration or compensation mechanism, leaving honest buyers burdened with the obligation to independently file an unlawful act claim to recover their losses.
PERLINDUNGAN HUKUM HAK ATAS KEPASTIAN KERJA TERHADAP REGULASI JANGKA WAKTU PERJANJIAN KERJA WAKTU TERTENTU (PKWT) PASCAUNDANG-UNDANG CIPTA KERJA
This research examines the juridical implications of extending the maximum duration of Fixed-Term Employment Agreements (PKWT) to five years under Article 6 of Government Regulation Number 35 of 2021 as a derivative of the Job Creation Law, with respect to workers' right to job security in Indonesia. Two research problems are addressed: first, what are the juridical implications of the change in PKWT duration from the perspective of job security principles; and second, what legal protections remain available for contract workers after the enactment of the Job Creation Law. This research employs normative juridical methods with statutory and conceptual approaches and analyzes legal materials descriptively and qualitatively. The findings reveal that the elimination of renewal frequency limitations and the extension of the contract tolerance period to five years systematically degrades workers' right to job security. The new regulation creates legal loopholes for employers to misuse the right to fill permanent positions with repeatedly extended contract workers without any obligation to regularize their employment status, resulting in the juridical protection of the state toward contract workers declining to its most minimal point.
PERLINDUNGAN HUKUM BAGI PEREMPUAN DAN ANAK TERHADAP IMPLIKASI YURIDIS PERKAWINAN SIRI: PERSPEKTIF UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERKAWINAN DAN KOMPILASI HUKUM ISLAM
Unregistered marriage (siri marriage) is a form of marriage that is valid under religious law but is not recorded with the authorized marriage registrar, thus receiving no legal recognition from the state. This study aims to analyze the juridical implications of siri marriages on the legal status of wives, children, and marital property, as well as to evaluate the effectiveness of Indonesia's positive law instruments in providing legal protection and rights recovery for the aggrieved parties. This research employs a normative juridical method using statutory and conceptual approaches. Legal materials are drawn from Law Number 1 of 1974 as amended by Law Number 16 of 2019 on Marriage and the Compilation of Islamic Law. The findings reveal that siri marriages create significant legal vacuums for wives and children, including the loss of rights to maintenance, joint marital property, and inheritance. Existing legal protection is reactive rather than preventive, relying on the itsbat nikah mechanism at the Religious Court, which is not easily accessible for underprivileged communities. The state must strengthen the marriage registration system as a comprehensive legal protection instrument.
MODEL EVALUASI PRODUK HUKUM DAERAH BERBASIS HUKUM TATA NEGARA DAN MAQASHID SYARIAH DALAM MEWUJUDKAN REGULASI YANG KONSTITUSIONAL DAN BERKEMASLAHATAN
This study is motivated by the growing complexity of regional legal products within the decentralization framework, which requires regulations to fulfill not only formal legality but also substantive public welfare objectives. The primary issue lies in the persistence of regional regulations that are inconsistent with higher-level legislation, potentially conflict with constitutional principles, and inadequately reflect societal benefits. This research aims to formulate an evaluation model for regional legal products based on Constitutional Law and Maqashid Sharia to promote regulations that are both constitutional and welfare-oriented. The study employs normative legal research using statutory, conceptual, philosophical, and comparative approaches. The findings reveal that existing evaluation mechanisms predominantly emphasize formal legal compliance and have not comprehensively assessed substantive public benefit. This research proposes a Constitutional-Maqashidi Evaluation Model integrating constitutionality, legality, and public welfare into a unified analytical framework. Theoretically, the model contributes to the development of regulatory evaluation studies. Practically, it offers policymakers and regional governments a systematic instrument for producing higher-quality, constitutionally compliant, and socially beneficial regulations.
PERLINDUNGAN HUKUM ATAS HAK NORMATIF PENGEMUDI TRANSPORTASI ONLINE DITINJAU DARI STATUS KEMITRAAN KETENAGAKERJAAN
The emergence of online transportation platforms such as Gojek has created a new legal relationship based on a partnership system that formally positions drivers as independent partners rather than employees. This study aims to analyze the legal standing of online transportation drivers within Indonesia's labor law framework and to formulate appropriate legal protections for drivers' normative rights amid the regulatory vacuum in the gig economy. The research employs a normative juridical method with statutory and analytical approaches through a literature study of applicable laws, standard partnership agreements, and labor law literature. The findings indicate that, in substance, the relationship between drivers and application platforms contains the elements of work, wages, and command as stipulated in Article 1 number 15 of Law Number 13 of 2003 on Manpower, making the partnership status imposed on drivers a form of corporate legal camouflage. The regulatory vacuum in the gig economy results in drivers losing normative rights such as minimum wage, religious holiday allowances, severance pay, and social security. Regulatory reform that explicitly recognizes the category of platform workers is urgently needed to ensure legal certainty and justice.
KONSTRUKSI HUKUM ACARA PERDATA DALAM MENYELESAIKAN EKSEPSI MATERIIL: UPAYA MENGELIMINASI INEFISIENSI PUTUSAN NIET ONTVANKELIJKE VERKLAARD (NO) BERDASARKAN PASAL 136 HIR
This study examines the inconsistency in the application of Article 136 HIR/162 RBg in Indonesian civil procedural law practice, particularly regarding judicial treatment of material exceptions (eksepsi materiil) that result in Niet Ontvankelijke Verklaard (NO) rulings. The legal ideal enshrined in Article 2(4) of Law Number 48 of 2009 on Judicial Power requires proceedings to be simple, fast, and inexpensive. In practice, however, cases that have undergone dozens of evidentiary hearings still conclude with NO rulings on grounds of formal defects in the claim, causing significant temporal and financial harm to justice seekers. This research employs a normative juridical method with statutory, conceptual, and legal-historical approaches. The findings reveal that the root cause lies in the regulatory nature of Article 136 HIR, which carries no sanction, thereby generating divergent judicial interpretations. A further evaluation demonstrates that prevailing practice substantially contradicts the principle of simple, swift, and affordable adjudication. The strategic recommendation of this study is the urgent formulation of standardized parameters through a Supreme Court Regulation (Perma) or a Supreme Court Circular (SEMA).
Principle of Simple and Affordable Justice
PERILAKU AKSESIBILITAS MASYARAKAT DAN EVALUASI YURIDIS KEABSAHAN KONTRAK PINJAMAN ONLINE ILEGAL
This research aims to examine the phenomenon of illegal online loans through an interdisciplinary approach combining behavioral consumer psychology analysis and civil law evaluation. The issues raised concern the high accessibility of society to illegal online lending platforms and the validity of the standard digital contracts produced by such transactions. The method employed is normative legal research with an interdisciplinary approach integrating economic psychology and civil law dogmatics. The results reveal two main findings. First, society is driven to borrow from illegal platforms due to the impulse for instant gratification, manipulation of application visual architecture through dark patterns, socio-economic pressures encompassing emergency needs and the Fear of Missing Out phenomenon, and low financial and digital literacy. Second, the standard contracts of illegal online loans are declared invalid and null and void by operation of law for failing to fulfill the capacity requirement and lawful cause as stipulated in Article 1320 of the Indonesian Civil Code.
SYSTEMATIC LITERATURE REVIEW: EVALUASI YURIDIS KLAUSUL EKSONERASI DALAM KONTRAK BAKU E-COMMERCE
This study aims to evaluate the validity of exculpatory clauses in standardized e-commerce contracts and to assess the civil liability of platforms under Indonesian legal norms. The core problem examined is the widespread inclusion of liability-waiver clauses within the terms and conditions of online shopping applications, which places consumers in a weak position and generates legal uncertainty. The method employed is a Systematic Literature Review of fourteen accredited national legal journal articles published over the past ten years, involving coding, synthesis, and normative assessment against statutory texts. The findings reveal an academic consensus that exculpatory clauses within the click-wrap mechanism violate the requirements for a valid agreement under Article 1320 of the Indonesian Civil Code because they arise from a defect of will through abuse of circumstances, while also contravening the prohibition in Article 18 of the Consumer Protection Law and are therefore void by law. Consequently, the platform still bears full liability based on breach of contract and must compensate the consumer's entire material loss. This study provides a firm juridical evaluation map for practitioners and academics regarding the liability limits of digital platforms in Indonesia.
PENYELESAIAN SENGKETA HARTA GONO-GINI PASCA PERCERAIAN: ANALISIS KAJIAN PUSTAKA TERHADAP KETIDAKPASTIAN HUKUM PEMBAGIAN HARTA BAWAAN YANG TERCAMPUR DENGAN HARTA BERSAMA DALAM YURISPRUDENSI MAHKAMAH AGUNG RI
This article aims to analyze the resolution of disputes over marital property following divorce, with a focus on the legal uncertainty surrounding the division of separate property that has been commingled with marital property in the case law of the Supreme Court of the Republic of Indonesia. This issue is important to examine because Indonesian marriage law essentially stipulates that assets acquired during marriage constitute joint property, while separate property remains under the control of each party; however, this provision has not provided detailed criteria regarding the legal status of separate property that has merged or become integrated into the household’s economic life. Consequently, disputes over the division of assets following divorce often lead to differing interpretations, both regarding the standard of proof and in judicial deliberations, particularly when determining the boundary between individual and joint rights over an asset. This study employs a literature review method with a normative legal approach. The findings conclude that legal uncertainty in the division of separate property that has been commingled with joint property stems from the absence of clear normative parameters regarding the form of commingling, the extent of each party’s contribution, and uniform evidentiary standards in judicial practice. Therefore, there is a need to strengthen regulations and develop more operational judicial guidelines so that the resolution of post-divorce marital property disputes not only reflects substantive justice but also ensures legal certainty and consistency in judicial decisions within the Indonesian judicial system.
PENGAWASAN PARTISIPATIF SEBAGAI WUJUD PELAYANAN PUBLIK DEMOKRATIS DALAM PENGAWASAN TAHAPAN DAN NON-TAHAPAN PEMILU OLEH BAWASLU
Participatory supervision constitutes one of the strategic approaches developed by the Election Supervisory Agency (Bawaslu) to strengthen public involvement in safeguarding the integrity of electoral processes. Thus far, participatory supervision has generally been understood as an instrument for electoral oversight aimed at preventing violations and expanding the scope of supervision. However, from the perspective of public service, participatory supervision also reflects a form of democratic public service provided by Bawaslu to facilitate citizens' constitutional rights to participate in democratic governance. This study aims to analyze the position of participatory supervision as a democratic public service implemented by Bawaslu, examine its implementation during electoral and non-electoral stages, and identify efforts to strengthen participatory supervision in supporting electoral integrity. This research employs a normative legal method using statutory and conceptual approaches. The study reveals that participatory supervision fulfills the essential elements of public service because it is organized by a public institution, directed toward citizens, and designed to provide access, information, education, participation mechanisms, and reporting channels related to electoral oversight. Furthermore, participatory supervision embodies the principles of democratic public service by promoting citizen engagement, transparency, accountability, and collaborative governance in electoral administration. Its implementation is carried out through various programs, including electoral supervision socialization, the Participatory Supervision Village Program, the School of Participatory Supervisory Cadres, partnerships with educational institutions and civil society organizations, as well as public reporting mechanisms. Nevertheless, several challenges remain, including limited public awareness, uneven electoral literacy, institutional capacity constraints, and the sustainability of participatory programs. Therefore, strengthening regulatory frameworks, institutional capacity, digital innovation, and collaborative engagement is necessary to optimize participatory supervision as a democratic public service and to support the realization of elections that are both democratic and accountable.
PERAN PPID BAWASLU DALAM MEWUJUDKAN PELAYANAN PUBLIK YANG TRANSPARAN DAN AKUNTABEL MELALUI PELAYANAN INFORMASI PUBLIK
Public information service constitutes an integral component of public service delivery and serves as an important instrument in promoting transparency, accountability, and public participation in democratic governance. As a public institution responsible for supervising electoral processes, the Election Supervisory Agency (Bawaslu) is obligated to provide accessible and accountable public information services to the community. This responsibility is implemented through the Information and Documentation Management Officer (PPID), which manages, documents, and disseminates public information in accordance with applicable regulations. This study aims to analyze the role of PPID within Bawaslu in realizing transparent and accountable public services through public information services, examine the management of exempted information, and identify potential challenges in its implementation. The research employs a normative legal method using statutory and conceptual approaches. The findings indicate that PPID plays a strategic role in supporting transparency and accountability by ensuring public access to information related to institutional activities, election supervision, violation handling, and dispute resolution processes. Furthermore, the management of exempted information represents an essential aspect of public information services because it seeks to balance public access to information with the protection of legal interests, personal data, and ongoing law enforcement processes. The study also reveals several implementation challenges, including differing interpretations regarding information classification, public information disputes, personal data protection issues, digital information security concerns, and varying levels of public information literacy. Therefore, strengthening institutional capacity, improving human resource competence, enhancing digital information governance, and increasing public awareness regarding information disclosure are essential to improving the quality of public services within Bawaslu.
ANALISIS YURIDIS KETIDAKSINKRONAN PRAKTIK SURAT KUASA KHUSUS BERKELANJUTAN DENGAN PASAL 44 AYAT (1) HURUF A UNDANG-UNDANG MAHKAMAH AGUNG
A special power of attorney is a formal instrument that determines the legal validity of an advocate's representation before the court. Legal practice in Indonesia commonly shows that advocates use a single power of attorney continuously from the first-level court through the cassation stage at the Supreme Court. However, Article 44 paragraph (1) letter a of Law Number 14 of 1985 on the Supreme Court explicitly requires that a representative must be "specially authorized for that purpose" in filing a cassation. This study examines the legal validity of this continuing power of attorney practice and its legal consequences for the advocate's standing and the protection of the client's civil rights. A normative juridical method with statutory and conceptual approaches is employed. The analysis reveals a clear inconsistency between the prevailing practice and the applicable normative provisions, potentially giving rise to formal defects and the risk of a niet ontvankelijke verklaard ruling against the client.
KEDUDUKAN DAN LOGIKA HUKUM PEMBUKTIAN PERCERAIAN BERDASARKAN STANDAR DURASI PISAH RUMAH DALAM SEMA NOMOR 3 TAHUN 2023
Marriage is a legal institution protected by the state through the principle of making divorce difficult as stipulated in Law Number 1 of 1974. The presence of Supreme Court Circular Letter Number 3 of 2023, which stipulates a minimum of six months of separation as a requirement for proving divorce, raises serious normative issues. This study examines the position of the Circular Letter of the Supreme Court (SEMA) in the hierarchy of laws and regulations and examines the consistency of the legal logic that supports it. The method used is normative juridical based on literature studies. The results of the analysis indicate that SEMA Number 3 of 2023 has exceeded its function as an internal technical guideline by adding material requirements not contained in Government Regulation Number 9 of 1975. The exception of domestic violence cases proves that the six-month standard is not an absolute and consistent measure. This study recommends a review of the substance of the SEMA to align with the open norm of Article 19 letter f of Government Regulation Number 9 of 1975.
TANGGUNG GUGAT PERDATA PENYEDIA PLATFORM ATAS KERUGIAN AKIBAT MALAFUNGSI SISTEM ARTIFICIAL INTELLIGENCE
The adoption of artificial intelligence technology in digital banking credit assessment systems raises legal questions that remain inadequately resolved within Indonesian civil law, particularly regarding liability when the system fails and harms customers. This study aims to examine the juridical qualification of artificial intelligence system failures as unlawful acts under Article 1365 of the Indonesian Civil Code, and to formulate the civil liability of platform providers under Article 1367 of the Civil Code. The research employs a normative legal method with statutory and conceptual approaches. The findings indicate that artificial intelligence system failures satisfy all elements of an unlawful act, with fault attributed to the platform provider as the operator of the system rather than to the system itself, which holds the status of an object. Based on the doctrine of vicarious liability and the theory of strict liability, digital banking platform providers bear full responsibility for customer losses and cannot shield themselves behind exoneration clauses in the terms and conditions of service.
PENYELESAIAN SENGKETA MEDIS PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 1/PUU-XXIV/2025: ANALISIS KAJIAN PUSTAKA TERHADAP PERUBAHAN PARADIGMA TANGGUNG JAWAB MEDIS DAN DAMPAKNYA TERHADAP HUKUM KESEHATAN INDONESIA
Medical disputes are an increasingly prominent phenomenon within Indonesia’s healthcare system, in line with the public’s growing legal awareness of patients’ rights. This study aims to analyse the shift in the paradigm of medical liability and the impact of Constitutional Court Decision No. 1/PUU-XXIV/2025 on the medical dispute resolution system in Indonesia, using a normative legal research method with a literature review approach. The results of the study indicate that the Constitutional Court’s decision has fundamentally altered the paradigm of medical liability from a fault-based liability approach towards a more proportional system with stronger legal protection for healthcare professionals acting in accordance with professional standards. The mechanism for resolving medical disputes has undergone a transformation with the strengthening of Alternative Dispute Resolution (ADR) as the primary step before litigation, the independence of the Indonesian Health Council (KKI) and the Medical College, and the clarification of the rational boundary between medical risk and criminal negligence through the role of the Professional Disciplinary Council as a professional gatekeeper. The implications for Indonesian health law include the codification of a more effective ADR system, the strengthening of legal protection for healthcare professionals to prevent the criminalisation of medical actions that comply with standards, and the guarantee of access to justice for patients who have genuinely suffered harm through mechanisms that are faster, cheaper, confidential and fair. This study concludes that the transformation of the medical dispute resolution system reflects the maturity of Indonesia’s health law system, which seeks to balance patients’ rights to health and legal protection for healthcare professionals.
Constitutional Court Decision No. 1/PUU-XXIV/2025
EFEKTIVITAS SANKSI ALTERNATIF (KERJA SOSIAL) DALAM KUHP BARU UNTUK TINDAK PIDANA RINGAN: TINJAUAN PUSTAKA COMPARATIF DENGAN PRAKTIK DI NEGARA LAIN
This study aims to analyse the effectiveness of alternative sanctions in the form of community service under the New Criminal Code (KUHP) (Law No. 1 of 2023) for minor offences, as well as to conduct a comparative literature review of community service practices in other countries. The research method employed is a literature review (library research) using a juridical-normative approach, a statutory approach, a conceptual approach, and a comparative approach. The results of the study indicate that community service under the New Criminal Code has great potential to serve as an effective alternative sanction, as it is designed to be more proportionate, humane, and rehabilitation-oriented compared to short-term imprisonment, whilst also addressing the issue of prison overcrowding. However, its effectiveness cannot be automatically achieved without the support of operational implementing regulations, robust oversight mechanisms, and a structured evaluation system. A comparative review with the Netherlands, the United Kingdom, and Canada shows that the success of community service is highly dependent on the strengthening of probation institutions, a strict monitoring and evaluation system, and coordination between law enforcement agencies and local governments. This study recommends that the central government immediately issue implementing regulations, optimise the role of the Correctional Services Agency, and adopt best practices from the countries under comparison to ensure that community service achieves the intended objectives of sentencing.
RESTORATIVE JUSTICE IN THE NEW CRIMINAL CODE: A LITERATURE REVIEW ANALYSING THE SHIFT IN THE PARADIGM OF PUNISHMENT FROM RETRIBUTIVE TO REHABILITATIVE IN INDONESIA
The New Criminal Code, enacted through Law No. 1 of 2023, marks a renewal of national criminal law by positioning punishment no longer merely as retribution, but also as a means of prevention, rehabilitation of offenders, conflict resolution, and the restoration of balance between offenders, victims and society. Within this framework, restorative justice has gained an increasingly important position as an approach that reflects the shift in the paradigm of punishment from retributive to rehabilitative and restorative in Indonesia. This study aims to analyse the implementation of restorative justice in the New Criminal Code and to examine the accompanying shift in the paradigm of punishment through a literature review approach. The method used is a literature review. The findings indicate that the New Criminal Code accommodates a more humanistic approach to punishment through an emphasis on victim restoration, the social reintegration of offenders, the use of alternative sanctions, and the restriction of imprisonment to a last resort. Furthermore, the implementation of restorative justice in practice still requires harmonisation of regulations among law enforcement agencies, strengthening of institutional capacity, and a common understanding among officials to prevent disparities in application. Thus, restorative justice in the New Criminal Code can be understood as part of the transformation of Indonesia’s penal system towards a model that is more rehabilitative, corrective, and responsive to the needs for substantive justice in society.
PERTANGGUNGJAWABAN PIDANA DALAM KEJAHATAN SIBER (CYBERCRIME) DI ERA DIGITAL: KAJIAN PUSTAKA TERHADAP KETERBATASAN REGULASI HUKUM PIDANA INDONESIA
The development of information and communication technology in the digital age has brought significant changes to various aspects of human life, including the emergence of a new form of technology-based crime: cybercrime. This study aims to analyze criminal liability in cybercrime and identify the limitations of Indonesian criminal law regulations in addressing cybercrime. The study employs a normative legal research method using a literature review approach. The findings indicate that although Indonesia has established a legal foundation for criminal liability through the Criminal Code (KUHP) and the Law on Information and Electronic Transactions (UU ITE), the effectiveness of law enforcement remains hindered by scattered regulatory limitations, the continued existence of legal gaps regarding certain forms of cybercrime, inconsistencies between the Criminal Code and the Electronic Information and Transactions Law, weaknesses in the regulation of electronic evidence, as well as limitations in human resources and digital forensic infrastructure. This study concludes that strengthening criminal liability for cybercrime requires a more comprehensive reform of criminal law, regulatory harmonization, enhanced technical capacity of law enforcement agencies, and strengthened international cooperation to address the transnational nature of cybercrime.
the Electronic Information and Transactions Law (ITE Law)
KERANGKA HUKUM PENETAPAN HARGA TANDAN BUAH SEGAR (TBS) SAWIT: URGENSI REGULASI, KEADILAN HARGA BAGI PETANI, DAN MEKANISME SENGKETA HARGA
Indonesia’s palm oil industry faces serious structural challenges regarding price fairness for smallholders, particularly independent farmers who are not part of a partnership scheme. This study analyses the legal framework for setting the price of Fresh Fruit Bunches (FFB) with a focus on the urgency of regulation, price fairness for farmers, and price dispute mechanisms. The method used is a literature review (library research) with a juridical-normative approach to analyse legislation, scientific journals, and relevant official publications. The research findings indicate that although regulations are in place through Ministry of Agriculture Regulation No. 01/Permentan/KB.120/1/2018 and Ministry of Agriculture Regulation No. 13 of 2024, implementation on the ground remains weak due to the absence of strict sanctions for violators of reference prices and a significant enforcement gap. Independent farmers receive an average TBS price 15–25% lower than partner farmers with the same fruit quality due to weak bargaining power, information asymmetry, and a long distribution chain. Existing dispute resolution mechanisms are also ineffective due to the absence of specialised arbitration or mediation bodies and the lack of independent oversight mechanisms. This study recommends comprehensive reforms encompassing strengthened regulations with strict sanctions, the establishment of an independent oversight body, the digitisation of price information, and equitable partnership contracts to foster fairness and the sustainability of the national palm oil industry.
Ministry of Agriculture Regulation No. 01/2018
EFEKTIVITAS ARBITRASE INTERNASIONAL DALAM PENYELESAIAN SENGKETA INVESTASI PASCA-ICSID: ANALISIS PERBANDINGAN ANTARA PENDEKATAN UNCITRAL DAN ICSID DALAM PERLINDUNGAN INVESTOR ASING
This study aims to analyse the effectiveness of international arbitration in post-ICSID investment dispute resolution, focusing on a comparison between the UNCITRAL and ICSID approaches to the protection of foreign investors. The research method employed is a literature review (library research) using a normative-legal approach and comparative methods to identify the strengths and weaknesses of each arbitration mechanism. The results of the study indicate that ICSID offers greater certainty of enforcement through the self-contained enforcement mechanism under Article 54 of the ICSID Convention, which binds 160 contracting states to enforce awards without the intervention of national courts, whilst also providing a standardised institutional structure and the rarity of forum neutrality. However, ICSID faces serious criticism regarding high costs, lengthy durations, inconsistencies in awards, and potential interference with the host state’s regulatory space. Conversely, UNCITRAL offers greater procedural flexibility, lower costs, and higher transparency through the 2013 UNCITRAL Rules on Transparency; however, its main weakness lies in an enforcement mechanism reliant on the 1958 New York Convention, which requires the intervention of national courts and carries the risk of refusal of enforcement. From the perspective of foreign investors prioritising enforcement certainty, ICSID is superior, whilst from the perspective of transparency and cost efficiency, UNCITRAL is more competitive. Both mechanisms continue to adapt through the reforms of UNCITRAL Working Group III and the revision of the ICSID Rules 2022 to enhance effectiveness in the protection of foreign investors.
DAMPAK HUKUM KENAIKAN TARIF PUNGUTAN EKSPOR KELAPA SAWIT TERHADAP HILIRISASI INDUSTRI DAN KEPASTIAN HUKUM BAGI EKSPORTIR
This study examines the legal implications of the increase in palm oil export levies on industrial downstreaming and legal certainty for exporters. The policy of increasing export levies is viewed as a state instrument to encourage the domestic processing of palm oil products in order to create greater added value, strengthen downstream industries, and support the national downstreaming agenda. However, dynamic changes to the tariff also give rise to legal consequences in the form of potential legal uncertainty for exporters, particularly in contract planning, cost calculations, and adjustments to trade strategies. This study employs a normative approach using a literature review method that examines legislation, academic literature, and official sources relating to palm oil export levy policy. The findings indicate that an increase in export levy rates has the potential to positively drive the downstream processing of the palm oil industry; however, its effectiveness is highly dependent on regulatory consistency, technical clarity in implementation, and the assurance of legal certainty for business operators. Therefore, export levy policies must be designed proportionately to ensure that industrialisation objectives and legal protection are balanced.
HARMONISASI PERTANGGUNGJAWABAN PIDANA DAN GANTI KERUGIAN PERDATA DALAM KASUS PENCILAN DATA (DATA BREACH): TINJAUAN YURIDIS TERHADAP PERLINDUNGAN KORBAN DI ERA DIGITAL
This article discusses the harmonisation of criminal liability and civil damages in cases of data breaches in Indonesia as an effort to strengthen victim protection in the digital age. Breaches of personal data cause losses that are not only material but also immaterial, thus requiring a legal approach that goes beyond merely punishing the perpetrators to also restoring the victims’ rights. This study demonstrates that Law No. 27 of 2022 on Personal Data Protection has provided a normative basis for the enforcement of criminal penalties and civil compensation; however, its implementation still faces challenges regarding the burden of proof, compensation mechanisms, and the integration of criminal and civil proceedings. Therefore, harmonisation of regulations and law enforcement is required to ensure that victim protection becomes more effective, fair, and responsive to developments in digital crime.
KONVERGENSI TANGGUNG JAWAB PIDANA DAN PERDATA DALAM TINDAK PIDANA KERUGIAN NEGARA: KAJIAN PUSTAKA ATAS DUALITAS SANKSI DAN RESTITUSI
This article aims to analyse the convergence of criminal and civil liability in criminal offences causing loss to the state through a literature review of the duality of sanctions and restitution. This issue is significant because loss to the state resulting from criminal offences, particularly corruption, requires not only the punishment of the perpetrators but also the tangible recovery of state funds through effective legal mechanisms. The findings indicate that the duality of criminal and civil sanctions constitutes a form of convergence of legal instruments, wherein criminal law serves to establish guilt and impose sanctions, whilst civil law serves to recover state losses through claims for damages, asset recovery, and restitution mechanisms. This study also found that restitution in cases of state losses cannot be narrowly interpreted as mere payment of damages, but rather as part of an asset recovery strategy that links the functions of punishment, recovery, and protection of the public interest. However, the effectiveness of this convergence still faces obstacles in the form of regulatory disharmony, limitations in asset tracing, and weak coordination between law enforcement agencies, meaning that the objective of recovering state losses has not always been optimally achieved. Therefore, there is a need to strengthen harmonisation between the criminal and civil regimes, optimise restitution mechanisms, and reformulate asset recovery policies so that law enforcement against criminal acts causing state losses can achieve justice, legal certainty, and public benefit in a balanced manner.
PERSPEKTIF KRIMINOLOGI KONTEMPORER TERHADAP KRIMINALITAS REMAJA DI ERA MEDIA SOSIAL
The development of social media has significantly changed the patterns of adolescent social interaction and has also influenced the dynamics of juvenile crime. This article aims to analyze the phenomenon of juvenile crime in the social media era through a contemporary criminological perspective. The approach used is normative research with conceptual analysis of modern criminological theories such as social learning theory, general strain theory, routine activity theory, and cybercriminology. The results of the study indicate that social media acts as a space for the reproduction of values, an arena for identity search, and a facilitative medium for crimes such as cyberbullying, online fraud, the distribution of illegal content, and violence triggered by digital exposure. Structural, psychological, and cultural factors interact in shaping adolescent deviant behavior. Therefore, countermeasures strategies cannot rely solely on repressive approaches but must emphasize digital literacy, strengthening informal social control, and prevention-based policies.
THE OBLIGATION OF MAINTENANCE AS AN ALIMONY RIGHT IN CIVIL LAW AND ITS IMPLICATIONS IN INDONESIA
Alimentary rights are a form of legal protection aimed at ensuring the fulfillment of living needs for those entitled, such as wives and children, within the context of family relationships. In Indonesian civil law, the obligation to provide support as alimentary rights is grounded in the Indonesian Civil Code (KUHPerdata) and the Marriage Law No. 1 of 1974. This study aims to analyze the concept of support obligations within the framework of alimentary rights and their implications, particularly in divorce cases. Using a normative juridical approach, this research examines legislation and court decisions related to the implementation of alimentary rights. The findings indicate that alimentary rights serve not only to meet material needs but also reflect legal and moral responsibilities to protect the welfare of children and former spouses. However, the implementation of these obligations faces challenges, including weak law enforcement, low public legal awareness, and financial constraints of the obligated party. Necessary solutions include strengthening regulations, increasing legal education for the public, and optimizing mechanisms for monitoring and law enforcement. With these steps, alimentary rights as part of the support obligations can be effectively implemented and offer optimal protection for all entitled parties
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
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.