Publication Search

72,574 articles from 669 journals · 2,111 citations tracked

Showing 21-36 of 36

Analytics

Kevin Andreas Halomoan Tambunan; Sri Hadiningrum; Parlaungan Gabriel Siahaan; Lusi Harianja; Novita Sarah Simanjuntak +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study is entitled "The Role of Parboru and Hula-Hula in the Settlement of Divorce Disputes in Batak Toba Customs". The main focus of this study is to analyze the role and position of Parboru (the woman's family) and Hula-Hula (the wife's family) in the divorce settlement process according to Batak Toba customs. This study also presents the dynamics of the interaction of the two elements in customary mediation, as well as how customary values ​​and norms are implemented to maintain the harmony and dignity of the extended family. The method used in this study is a qualitative method with a descriptive approach. Data obtained through interviews and library studies of relevant literature on Batak Toba customary law, Dalihan Na Tolu, and the role of Parboru and Hula-Hula in traditional ceremonies and the resolution of marital conflicts in Batak Toba customs. The results of the study indicate that Hula-Hula has a central position as a decision maker and mediator, while Parboru plays a role as a technical implementer, mediator, and balancer in the customary deliberation forum. The active involvement of both parties is very important to ensure that the divorce process runs according to customary norms and maintains the social harmony of the Batak Toba community. This study is expected to enrich the literature on Batak customary law and become a reference for students, the community, and customary leaders in understanding the importance of the role of kinship in resolving divorce.

Tiara Jelita Andalusianti Roozan; Rajwa Al Imtiyaz; Hasrinda Rizqi Pramassari; Muhammad Reyvanza Anwar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This article analyzes the juridical construction, practical implementation, and problematics of corporate criminal liability in corruption cases in Indonesia. Employing a normative-juridical approach with analytical-evaluative dimensions, this research examines primary, secondary, and tertiary legal materials, as well as data from in-depth interviews with key informants. The results indicate that despite the legal framework accommodating the concept of corporations as subjects of criminal law in corruption cases, its implementation faces significant obstacles reflected in the minimal designation of corporations as suspects/defendants. These obstacles encompass substantive aspects related to unclear formulation of liability elements, procedural aspects concerning limitations in procedural law, institutional aspects regarding law enforcement capacity, and practical aspects related to sanctions execution. This research proposes a comprehensive and integrative model for strengthening corporate criminal liability through normative reformulation, procedural and institutional strengthening, and development of corporate compliance incentives, projected to contribute to improving the effectiveness of corporate corruption enforcement and strengthening business integrity systems in Indonesia.

Agus Panahatan Panjaitan; Adi Putra Prajitna; Ade Nugroho; Agung Ramanto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The Child Protection Law affirms that the state guarantees children's rights to “protection from violence” as stipulated in the 1945 Constitution. This paper examines child abuse within the framework of Indonesian positive law using a normative approach and legal philosophy (positivism). The focus of the analysis is to what extent legal norms (such as the Child Protection Law, the Criminal Code, the Domestic Violence Law, etc.) align with the values of justice and children's human rights. A normative approach is used to analyze the laws and legal literature, while the philosophical approach, particularly the positivist ideas of Hans Kelsen and H.L.A. Hart, is employed to understand the relationship between legal norms and the concept of justice. The analysis reveals that although child protection regulations exist, their implementation on the ground tends to be legalistic, often neglecting humanitarian and justice elements. This study emphasizes the need for alignment between legal norms and substantive justice and the protection of children's human rights. The implication of this research is the need for a legal policy that is more responsive to children's rights and justice.

Herlyn Anastacia; Deddy R Ch Manafe; Adrianus Djara Dima

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Law enforcement in civil cases that have obtained permanent legal force (inkracht van gewijsde) often faces various complex challenges. For example, in land ownership cases that may be suspected of being linked to corruption crimes. Therefore, law enforcement officials must ensure that there is strong and sufficient evidence to process criminal elements without undermining the legal certainty of civil cases that have been decided. Good coordination between civil and criminal judicial institutions is also essential to ensure that justice can be comprehensively upheld. This research is qualitative in nature regarding concepts, relevant laws, and legal facts related to the issues being studied. The data obtained is subsequently analyzed using descriptive analysis, which is an analysis conducted by elaborating the obtained data. The research results show that: (1) The procedure executed by law enforcement officials aligns with the legal authority granted to them. However, the process may result in losses for parties legally proven not to have committed unlawful acts, as evidenced by the final and binding legal decision, with the case dependent on further evidentiary proceedings; (2) Obstacles in law enforcement processes stem from three primary factors: the law itself, law enforcement officials, and society, wherein socio-political interventions can provoke public opinion and conflicts between law enforcement and the community.

Agi Ahmad Najih; Fauzan Ali Rasyid; Muhammad Kholid

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The problem of the legality of the agreement of the deed of debt and credit agreement into buying and selling requires legal certainty so that no one is harmed. Normative legal certainty is when a regulation is made and promulgated with certainty because it regulates clearly and logically. Clear in the sense that it does not cause doubt (multi-interpretation) and logical in the sense that it becomes a system of norms with other norms so that it does not clash or cause norm conflicts. Norm conflict arising from rule uncertainty can take the form of norm contestation, norm reduction or norm distortion. This research approach is descriptive analytical which describes legal events that occur as they are and conveys these conditions according to theory and legislation. The research method used in the research is empirical juridical which analyzes the Bandung District Court Decision Number: 162/PDT.G/2021/PN.BDG regarding the Legality of the Deed of Sale and Purchase Agreement as Collateral for Debt and Credit Due to Legal Defects. The results of this study show that; AJB, which should be a proof of transfer of land rights in a real sale and purchase transaction, in this case is used to guarantee debt repayment. This is a deviation from the function of the AJB, which is legally unjustified because it contradicts the principle of halal causa (Articles 1335 and 1337 of the Civil Code). Therefore, the AJB made does not meet the elements of a valid causa, and therefore can be canceled or even null and void.

Bemby Navita; Rosita Adelia Putri; Nabila Raihana

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Compliance in paying taxes is a crucial element in maintaining the stability and sustainability of state revenues. Taxes as the main source of state financing require active participation from every Taxpayer in fulfilling their obligations. However, in practice, there are still many Taxpayers who experience obstacles in fulfilling these obligations, resulting in tax debt. This article aims to identify the types of tax debts that commonly occur in Indonesia and to analyze the legal and administrative consequences that can arise due to negligence or non-compliance in implementing tax obligations. This study uses a qualitative descriptive approach, by describing in detail the factual conditions based on secondary data and literature reviews. The results of the study indicate that tax debts can arise in various forms, including underpayment, late payment, or debts arising from audit results. The consequences faced by Taxpayers due to tax debts can be in the form of administrative sanctions such as interest, fines, and increases, as well as potential criminal sanctions if elements of intent or tax crimes are found. The conclusion of this article emphasizes the importance of understanding, awareness, and compliance of Taxpayers to avoid legal risks and financial burdens due to tax debts. The recommendations provided include the need to improve tax education for Taxpayers and optimize the role of tax authorities in providing guidance, supervision, and law enforcement proportionally.

Aisyah Ariesca Putri; Zakia Rahmadania; Nabilla Khairunnisa. S; Ririn Ayu Anjar Wani; Silvia Silvia

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Reading ability is a fundamental skill that plays a crucial role in education, as it significantly contributes to students’ academic achievement and intellectual development. This study aims to analyze the reading skills of seventh-grade students at SMP IT Robbani Indralaya, focusing on both mechanical and comprehension aspects. The research employed a descriptive quantitative method by distributing questionnaires to 19 student respondents. The questionnaire instrument was designed based on two main aspects: mechanical skills (letter recognition, linguistic elements, and slow reading speed) and comprehension skills (understanding text meaning, evaluating content, and flexible reading speed). The analysis results showed that the majority of students were in the “Good” category (63.16%), while the rest were in the “Fair” category (36.84%). There were no students in the “Very Good” or “Poor” categories. Internal factors such as motivation and reading interest, as well as external factors such as family support and school facilities, were found to influence students' reading skills. This study recommends the implementation of continuous and collaborative literacy development efforts involving students, teachers, schools, and families to improve reading skills comprehensively.    

Abdul Hamid Safar; Lucky Dafira Nugroho

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study examines the legal aspects of land lease agreements for Madura grocery stalls based on Article 1548 of the Indonesian Civil Code. A normative juridical method is employed, focusing on statutory regulations and literature review. The primary focus is to identify essential elements in the lease agreement, such as the leased object, mutual consent, and payment obligations. The research also highlights breach of contract issues and emphasizes the importance of legal guarantees in lease relationships. Case studies and recent regulations support the findings, ultimately contributing to legal certainty in land lease practices within the MSME sector.

Maria Krismastina Benga Kopon; Debi F. Ng Fallo; Sigit P. Sonbait

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the form of criminal liability imposed on perpetrators of corruption involving internet village funds in Flores Timur Regency. Corruption in the management of village funds, particularly those allocated for internet infrastructure development, has become a serious concern due to its direct impact on the quality of public services and the welfare of rural communities. This research employs a normative juridical method with a case approach and the analysis of relevant statutory regulations. Data were obtained through literature study and case documentation. The findings indicate that perpetrators of corruption in the internet village fund program can be held criminally liable under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption. Criminal liability involves elements of fault, unlawful acts, and state financial losses. In addition, the role of law enforcement agencies and public oversight are crucial factors in the enforcement of laws against such criminal acts.

Antonius Candra Mudakh; Debi F. Ng Fallo; Rudepel Petrus Leo

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the criminal law liability of the perpetrators in the case of corruption in the procurement of red onion seeds in Malaka Regency based on four decisions of the Kupang District Court: Decision of the KUPANG District Court Number 39 / Pid.Sus-TPK / 2023 / PN Kpg, Decision of the KUPANG District Court Number 40 / Pid.Sus-TPK / 2023 / PN Kpg, Decision of the KUPANG District Court Number 41 / Pid.Sus-TPK / 2023 / PN Kpg, and Decision of the KUPANG District Court Number 42 / Pid.Sus-TPK / 2023 / PN Kpg. This study uses a normative legal approach supported by empirical data through interviews with advocates, prosecutors, and judges. The results of the study indicate that the elements in Article 3 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 has been cumulatively fulfilled in this case, namely the abuse of authority, state financial losses, and benefits for oneself or others. The application of the article to all defendants is considered legally valid, but in practice it does not fully reflect substantive justice because the roles and levels of involvement are not distinguished proportionally. The judge's decision and the prosecutor's indictment are considered consistent in normative aspects,but still leave challenges in terms of assessing the burden of proof and classification of criminal responsibility. This finding recommends the importance of evaluating the criminalization system, strengthening the capacity of procurement officials, and updating policies that distinguish between administrative errors and criminal acts of corruption.

Mumaddadah Mumaddadah; Muammar Muammar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Bullying is a social phenomenon that is increasingly worrying because of its serious impacts on victims, both psychologically, physically, and socially. In the context of Indonesian criminal law, bullying can fulfill the elements of a criminal act if it meets certain qualifications as regulated in the Criminal Code (KUHP) and other regulations. This study aims to analyze how bullying can be qualified as a criminal act and to review the forms of bullying that can be subject to criminal sanctions. Using a normative legal approach, this study examines relevant positive legal norms and case studies that reflect the implementation of the law on bullying. The results of the study show that bullying can be qualified as a criminal act such as insults, physical violence, threats, and defamation, depending on the form and consequences caused. Therefore, it is important to have strict law enforcement and legal education for the community to prevent and handle bullying cases effectively.

Denisa Julita Pratiwi; Riska Andi Fitriono

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This study is motivated by the issue of criminalizing drug couriers, who in judicial practice are often equated with the main perpetrators, even though in reality they occupy a subordinate position in the drug distribution network. The lack of clarity in the differentiation of roles in Law No. 35 of 2009 on Narcotics has led to the application of criminal liability that tends to be formalistic and has the potential to disregard substantive justice. This study aims to analyze the form of criminal liability of Class I drug couriers and assess whether the Pekanbaru District Court Decision Number 119/Pid.Sus/2025/PN Pbr has reflected justice in the imposition of criminal penalties. The research method used is normative juridical with a legislative approach, case approach, and conceptual approach. The results of the study show that the criminal liability imposed on couriers in the verdict is direct as the main perpetrator, without considering the theory of the perpetrator's role, degree of fault, and the defendant's capacity to be held responsible. The judge emphasized the fulfillment of the elements of the act as formulated in Article 114 of Law Number 35 of 2009 concerning Narcotics, without adequate analysis of the mens rea and the factual contribution of the courier in the structure of the crime. Justice in this study is understood as substantive justice, which requires consistency between the punishment, role, and degree of fault of the perpetrator. Proportional punishment is interpreted as the imposition of sanctions that clearly distinguish between couriers as subordinate actors and the main actors who control the narcotics network. This study concludes that the criminal liability of narcotics couriers must be based on individualization of punishment and proportionality so that law enforcement not only fulfills legal certainty but also reflects substantive justice.  

Heni Winda Siregar; Nadila Kirani; Dea Annisa Br Tarigan

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

White collar crime is increasingly prevalent in various corporate sectors and causes significant financial losses and damage to public trust. This type of crime includes embezzlement of funds, manipulation of financial statements, bribery, insider trading in the capital market, and theft of customer personal data. Although it occurs a lot, the prevention of white collar crime is still not optimal and the perpetrators are rarely prosecuted properly. This paper aims to analyze the various determinants that influence the occurrence of white collar crime in order to formulate policy recommendations and prevention strategies in the future. A systematic approach is used by applying the fraud triangle theory which focuses on the three main elements that cause fraud, namely pressure, opportunity and rationalization. The results of the study show that pressure to meet high performance targets and large bonuses often encourage individuals to commit fraud. Meanwhile, weak supervision and lack of transparency create opportunities for fraud. Perpetrators also often justify their actions, for example by assuming that they will not be caught or the value of the loss is small. The complexity of modern corporate operations also increases opportunities for white-collar crime. Effective prevention efforts must be comprehensive by involving various parties and strengthening a number of aspects as controls. The role of internal and external supervisors (auditors) of companies needs to be continuously improved, supported by modem fraud detection technology tools. Whistleblowing mechanisms need to be strengthened in every company and kept confidential to encourage early reporting of fraud indications.

David Bani Adam; Safar Dwi Kurniawan; Arif Rakhman

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

This study aims to analyze the implementation and proof of elements of criminal acts as required by Article 379a of the Criminal Code, specifically in cases where fraud is used as a livelihood. A normative legal approach is used with an analysis of legal documents and court decisions. The two results show the main aspects: (a) objective evidence in the form of transmission of fraud patterns and similar modes of use, and (b) subjective evidence in the form of intensity to make the activity a source of life. The findings show that recognition of habits (elements of habits) and completeness of evidence are key in the application of this article. The novelty of the study is the integration between empirical conclusion data and the need for proof of economic actors' habits, a dimension that has been less explored in previous studies.

Rayhan Afief Arfarizky; David Hizkia Situmorang; Sumriyah Sumriyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Counterfeiting of securities is a serious illegal act with the potential for significant legal consequences.  The author provides an in-depth review of the criminal law aspects associated with counterfeiting securities.  The aim of this research was to analyze and understand the legal framework governing counterfeiting of securities, including the criminal considerations and sanctions applied.  This study also explains the concept of counterfeiting securities and how this action violates applicable law.  In addition, this study also discusses the elements that must be present in an act of counterfeiting securities such as intentionality and the intention to make a profit.  Furthermore, this study also analyzes the penalties and sanctions that can be applied to perpetrators of counterfeiting securities.  In conclusion, this study emphasizes the importance of effective law enforcement in dealing with counterfeit securities.  Perpetrators of counterfeiting securities must be held responsible for the actions that have been taken and be faced with sanctions in accordance with applicable criminal law.

Riza Yoga Pramana; Liliana Tedjosaputro

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2022 Pusat Riset dan Inovasi Nasional

The purpose of the study is to determine and analyze the criminal law protection of embezzlement of assets (Boedel Bankruptcy) of debtors that result in losses to creditors, and obstacles to criminal law enforcement for embezzlement of debtors' assets that result in the formulation of the problem What is the position of criminal law Embezzlement of debtors on their assets that causes creditor losses and how to overcome them. The method used in this study uses the Normative juridical approach method, the data sources are secondary data and primary legal materials.  Research Results (1).  Legal protection of the criminal act of embezzlement of the debtor that causes losses to the debtor, after being declared bankrupt by a judge is a criminal act of embezzlement regulated by Article 372 of the Criminal Code and Article 400 paragraph (1) of the Criminal Code, because the fulfillment of the criminal elements is fulfilled. (2). Obstacles faced, Uncooperation of the insolvent debtor in carrying out legal proceedings due to the lack of level of legal awareness possessed by the insolvent debtor. To overcome this, the bankrupt debtor should comply with the contents of the decision of the Supreme Court case Number 2K / Pdt.Sus-Pailit / 2019 willing to submit the legality of access to the curator team that will resolve, and as a good Indonesian citizen must obey, submit, and obey the laws and laws in force in Indonesia.