SciRepID - Scientific Publication Search

Publication Search

50,562 articles from 425 journals · 1,447 citations tracked

Showing 21-40 of 78

Analytics

Kadek Sri Candra Laksmi Putri; Ni Ketut Sari Adnyni; Made Sugi Hartono

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The development of information technology has significantly transformed commercial activities, particularly through the emergence of electronic transactions or e-commerce. The convenience offered by digital trading systems provides various benefits for both consumers and business actors, such as time efficiency, ease of access, and broader market reach. However, behind these advantages, there are also several risks that may harm consumers, including discrepancies between product descriptions and actual goods, delivery delays, and potential online fraud. This study aims to analyze the legal protection for consumers in electronic transactions and the responsibilities of business actors within digital commerce systems. This research employs a normative legal research method using statutory and conceptual approaches. The findings indicate that consumer legal protection in electronic transactions has been regulated in various laws and regulations; however, in practice, several challenges remain in its implementation. Therefore, strengthening regulations, enhancing supervision of business actors, and increasing public legal awareness are necessary to create a safer electronic transaction system and ensure legal certainty for consumers.

Dewi, Anggraeni Puspa; Suhariyanto, Didik; Hartana Hartana

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

This study aims to analyze the legal consequences arising from changes to personal data made by data subjects on the validity of collateral that has been used as security for credit, as well as to examine the forms of legal protection that may be granted to creditors. Changes to personal data such as identity, address, and the debtor’s legal status may lead to legal uncertainty regarding the validity of credit security agreements, particularly those involving Hak Tanggungan (mortgage rights). In this research, the author employs a normative juridical method using statutory and conceptual approaches. The findings of this study show that changes to personal data without notification or updates to the security documents have the potential to create administrative discrepancies and legal risks for creditors during the execution of the collateral. Legal protection for creditors needs to be strengthened through the regulation of the debtor’s obligation to report any changes in personal data, updates to the security certificates, and clear provisions outlined in the credit agreement. Accordingly, legal certainty between the creditor and the debtor can be maintained in line with the implementation of Law Number 27 of 2022 on Personal Data Protection.

Mukiri, Steven; Handayati, Nur; Pramesti, Wahyu

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

In this thesis, the researcher intends to find out the Default in the case of Default in the Sale and Purchase of Land. In this case, the buyer feels disadvantaged by the Seller who has committed an act in the case of default. This study uses a Sale and Purchase Agreement between the Seller and the Buyer with the object of Residential Land. The seller in this case is in the position of Land Owner. (developer). And the buyer in this case is in the position of buyer in the sale and purchase of the land. This study uses a normative juridical method, namely research using a case approach accompanied by the Law. There are three forms of default, namely carrying out what has been agreed, but not as agreed and carrying out what has been agreed, but late in carrying out something that according to the agreement should not be carried out. So in the case of the case entering into one form of default, namely carrying out what has been agreed but not as agreed. The occurrence of a non-compliance with the agreement between the seller and the buyer, namely in the land sale and purchase agreement, in which the initial agreement stated the land area was 20,000M2. If the certificate is broken, the land area exceeds what was agreed upon, the buyer is obliged to pay Rp. 5,000,000 to the buyer.

Mufidatul Ahada; Felicitas Sri Marniati; Khoirul Anwar

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

Based on the Constitutional Court Decision Number: 46 PUU-VIII/2010, Article 43 Paragraph (1) of the Marriage Law states that a child born outside of marriage has a civil relationship with their mother and her family, as well as with the man as their father, which can be proven by science, technology, and/or other legal evidence. The child also has a blood relationship, including a civil relationship with the father's family. Inheritance for an illegitimate child through a will is allowed, but it often causes disputes as it is considered to harm the inheritance rights of legitimate children. This study aims to analyze the resolution of inheritance disputes between an illegitimate child who receives a will and a legitimate child according to civil law, as well as the legal protection of an illegitimate child in disputes with a legitimate child. The method used is normative juridical research with a literature study, using primary, secondary, and tertiary legal sources. The approaches used include the Statutory Approach, Conceptual Approach, Analytical Approach, and Case Approach. The research results show that the dispute resolution starts with a non-litigation route through deliberation, but if unsuccessful, the illegitimate child resorts to the contending method to defend their inheritance rights. The researcher recommends amendments to Article 874 of the Civil Code to grant the right to a will for an illegitimate child as long as it does not exceed the legitime portie, and to create codification related to marriage property law and wills.

Putu Sherly Chandra Sasmitha; Ni Gusti Agung Ayu Mas Tri Wulandari; Ni Nyoman Juwita Arsawati; Putu Eva Ditayani Antari

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

The advancement of information technology has brought significant changes to society but also generated new crimes, such as online child sexual exploitation (cybersex trafficking). This study examines this phenomenon by focusing on the live streaming application "HOT51," which is frequently used as a medium for child exploitation. The research employs a qualitative descriptive analysis method based on secondary data from official reports and related literature. Findings indicate that the easy access to modified APK applications facilitates sexual exploitation of children, the most vulnerable group. Indonesian regulations already address child protection, but implementation faces challenges such as low digital literacy and weak supervision of digital platforms. This study emphasizes the need for tightened monitoring, digital literacy education, and active parental roles to reduce the risk of sexual exploitation in the digital realm. The contribution lies in enhancing understanding of child protection challenges in the digital era and highlighting the importance of adaptive regulations and multi-stakeholder cooperation to safeguard child rights and safety.

Risky Risky; Isnina Isnina; Tengku Erwinsyahbana

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

Marriage is a physical and emotional bond between a man and a woman recognized by law and religion. In practice, issues often arise regarding the status of joint property acquired during marriage, especially in the event of divorce. To anticipate such disputes, a prenuptial agreement serves as a legal instrument that provides certainty and legal protection for both husband and wife in managing and dividing joint assets, either during the marriage or after divorce. This study aims to analyze the urgency of drafting a prenuptial agreement, identify the legal aspects that need to be included in the deed, and examine its juridical implications. This research employs a normative legal method with a conceptual and statutory approach, using descriptive-analytical techniques, secondary data sources, and qualitative analysis. The findings indicate that a prenuptial agreement has significant urgency in protecting the rights of both spouses in case of divorce. Furthermore, it holds binding legal force and creates juridical implications by clarifying the separation between personal and joint property, thereby ensuring legal certainty for both parties.  

Richard Ratuwalu; Komsatun Komsatun; Sanny Dewayani

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

The rapid growth of financial technology (fintech) Peer-to-Peer Lending (P2PL) in Indonesia has created both opportunities and challenges, particularly regarding debt collection practices by third parties (debt collectors). Such practices often result in violations of consumer rights, including intimidation, harassment, and breaches of privacy. To address these issues, the Financial Services Authority of Indonesia (OJK) issued Regulation No. 22 of 2023 on Consumer and Public Protection in the Financial Services Sector, which establishes legal standards for protecting fintech P2PL consumers. This study aims to analyze the regulation of debt collection by third parties under OJK Regulation No. 22/2023, assess the forms of legal protection for consumers, and identify the obligations of fintech P2PL providers in managing collection practices. The research applies a normative juridical method with statutory and conceptual approaches. The findings indicate that OJK Regulation No. 22/2023 provides consumer protection through preventive mechanisms (mandatory transparency, prohibition of intimidation, and regulation of third-party involvement) and repressive mechanisms (complaint handling and administrative sanctions). However, challenges remain in implementation, such as low consumer literacy, outsourced collection practices, and weak on-site supervision. Therefore, stronger regulation, tighter controls by providers, and collaboration among regulators, law enforcement, and fintech associations are required to ensure optimal consumer protection.

Yacob Ferdinan Martono; Rikardo Dinata; Yana Lestari; Nani Triwahyuni; Fadlilah Muntaha

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

This research is motivated by the importance of business licensing in the trade of goods and services sector as an instrument of legality, supervision, and legal protection; however, its implementation still faces gaps between normative regulations and practices in the field. The purpose of this study is to analyze the level of business actors’ compliance with licensing obligations, identify obstacles in the implementation of risk-based licensing policies, and evaluate their impact on compliance. The method used is library research with a normative juridical approach, through an examination of primary legal materials in the form of laws and related regulations, as well as secondary and tertiary legal materials from scientific literature. The results show that the effectiveness of risk-based licensing policies has not been optimally achieved due to low legal literacy, limited digital understanding, and the perception that licenses are merely a formality, causing many business actors to neglect administrative obligations. This condition illustrates the existence of a gap between regulatory objectives and implementation practices. These findings emphasize the need for procedural simplification, intensified socialization, and strengthened technical assistance so that licensing policies become more responsive to the needs of business actors, while simultaneously encouraging compliance and enhancing national economic competitiveness.

Christina Basanova Sidabalok; Miranda Risang Ayu Palar; Helitha Novianty Muchtar

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

This study explores the importance of protecting the Geographical Indication (GI) of Lamsi Tobacco from Temanggung to safeguard its authenticity and maintain product quality, in accordance with Law Number 20 of 2016 on Marks and Geographical Indications. Lamsi Tobacco is known for its distinctive taste, aroma, and quality, which are influenced by the geographical conditions of Temanggung as well as traditional cultivation practices passed down through generations. However, without legal protection, the authenticity and reputation of this product risk being diminished due to counterfeiting or unauthorized use of its name. The research method employed is normative juridical, which focuses on library research or secondary data by viewing law as a set of written norms enacted by authorized institutions. To strengthen the analysis, this study is also supported by a socio-legal approach that combines legal studies with social sciences so that law is understood not only as written norms but also as a practice that lives within society. The findings indicate that Lamsi Tobacco meets the criteria for Geographical Indication as stipulated in Law No. 20 of 2016 Protection through Geographical Indications not only plays a role in preserving the authenticity and quality of the product but also generates positive economic and social impacts for the community, particularly farmers. Nevertheless, several obstacles remain, such as low legal awareness, administrative difficulties, and the absence of a strong managing institution. Therefore, coordination between the central government, local government, farmer associations, and the community is necessary to realize effective legal protection. Through the registration and protection of Geographical Indications, Lamsi Tobacco is expected to maintain its reputation, increase competitiveness in the market, and make a tangible contribution to the welfare of the Temanggung community as well as the preservation of local culture.

Kusmianti Indah Sari; Felicitas Sri Marniati; Sirajuddin Sailellah

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

Legal problems in the land inheritance process often arise when inherited land has been registered in the name of another party. This study aims to examine the procedure for registering inherited land that has been issued a Certificate of Ownership (SHM) on behalf of other parties, as well as the form of legal protection for heirs. The research uses a normative juridical approach with a literature study method based on primary, secondary, and tertiary legal materials. The approaches used include legislative, conceptual, analytical, and case approaches. The analysis of legal materials is carried out through grammatical, systematic interpretation, analogous construction, and legal refinement construction. The results of the study show that the registration of inherited land must be carried out by the entitled heirs, especially for land that has not been certified. Registration is carried out sporadically as a form of registration for the first time. Legal protection for heirs is obtained preventively through the land registration process, and repressively in the event of arbitrary actions from other parties or government agencies. This research emphasizes the importance of legal certainty in the process of registering inherited land and the protection of the rights of heirs so that they are not harmed by the existence of other parties' certificates. This effort is part of the fair and transparent enforcement of agrarian law in Indonesia.

Alwi Bin Syeh Abubakar; Felicitas Sri Marniati; M. Slamet Turhamun

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

Guardianship has an important role in supervising minors, including the management of their parents' inherited property as stipulated in Article 51 paragraph (3) of the Marriage Law. However, the practice shows that there is an abuse of authority by the guardian, who controls and even transfers inheritance not for the benefit of the child. This research aims to examine the legal consequences of the transfer of the inheritance of minors to guardians as well as the forms of legal protection available, with a case study of the Banten High Court Decision Number 89/Pdt/2015/PT BTN. The method used is normative legal research with legislative, conceptual, analytical, and case approaches, and uses legal consequences theory from R. Soeroso and legal protection theory from Satjipto Rahardjo. The results of the study show that the control of property by the guardian can cause the loss or escape of the child's inheritance, especially if there is no strict supervision and regulation. Therefore, it is necessary to affirm the legal status of children's inheritances, regulate the authority of guardians more strictly, and apply effective legal sanctions to prevent abuse. The litigation route is an important instrument in legal protection so that children can regain their rights fairly. This research contributes to strengthening the guardianship legal system in Indonesia, especially in the context of protecting children's rights to inheritance.

Andrea Rahmadani; Yurisa Martanti; Khoirul Anwar

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

The construction of toll roads in Indonesia often causes land acquisition disputes, especially related to compensation for remaining land that is no longer productive. Although Article 65A paragraph (1) of Government Regulation No. 39 of 2023 provides the right for the community to demand compensation for the remaining land, practice on the ground shows a discrepancy between normative rights and the realization of compensation. This research uses a normative legal approach with legislative, conceptual, analytical, and case study methods, and refers to Dean G. Pruitt's Dispute Resolution Theory and Philipus M. Hadjon's Legal Protection Theory. The results of the study show that the non-litigation resolution mechanism (problem solving) is often ineffective due to the lack of education and facilitation from the authorities, so that people tend to take the path of litigation (contending) to fight for their rights. This condition reflects the weak legal protection for people affected by national strategic projects. Therefore, it is necessary to strengthen legal education for the community and revise Government Regulation No. 39 of 2023 to include compensation for the remaining land that has lost its use value. This revision is important to ensure substantive justice and prevent the escalation of disputes. This research contributes to the development of a more responsive and equitable land acquisition policy, as well as encourages synergy between regulations, education, and effective dispute resolution mechanisms in the context of national infrastructure development.

Doddy Putra Pratama Sudjana; Deddy Effendi; Chepi Ali Firman Zakaria; Aslan Noor; Elsy Nur Anggraeni

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

This study aims to analyze the application of the doctrine of vicarious liability in the liability of hospitals for medical malpractice lawsuits in Indonesia. The increasing number of medical disputes raises questions regarding the extent to which hospitals can be held responsible for the negligence of medical personnel working under their authority. This research employs a normative juridical method with statutory, conceptual, and case approaches, by examining the Indonesian Civil Code, Law No. 44 of 2009 on Hospitals, Law No. 17 of 2023 on Health, and relevant court decisions. The findings reveal that, normatively, hospitals can be held accountable under Article 1367 of the Civil Code, which aligns with the doctrine of vicarious liability (Black, 2019). However, judicial practice in Indonesia remains inconsistent: in some cases judges place liability on hospitals, while in others they hold individual doctors fully responsible (Budiman, Absori & Rizka, 2023; Vitrianingsih, Miarsa & Yahya, 2025). This inconsistency demonstrates a gap between normative regulation and juridical implementation. The novelty of this study lies in emphasizing the importance of the principle of justice in applying vicarious liability. Legal protection should not be limited to written norms but must also be substantive by balancing patients’ rights to safe and quality healthcare with the rights of medical personnel and hospitals to legal certainty. This is in line with Rawls’ (1971) concept of justice as fairness and Radbruch’s (2006) idea of balancing justice, legal certainty, and expediency.

Elsy Nur Anggraeni; Rini Irianti Sundari; Hadi Susiarno; Aslan Noor

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

Obstetricians are often confronted with medical malpractice lawsuits, even when they have acted in accordance with professional standards, medical service standards, operational procedures, and medical ethics. Medical malpractice is generally defined as negligence or deviation from professional standards that results in serious harm to patients (Fiscina, 1999). This study aims to examine the application of the concept of medical malpractice along with its legal implications and to analyze the forms of legal protection available to obstetricians under Law Number 17 of 2023 on Health, viewed from the perspective of the principle of justice. Using a normative juridical method with descriptive-analytical specifications, the research employed a literature study and qualitative deductive analysis. The results indicate that legal protection for obstetricians consists of two dimensions: preventive and repressive. Preventive protection includes the implementation of informed consent, proper medical records, and compliance with standard operating procedures. Repressive protection involves legal defense mechanisms and institutional or professional organizational support. However, this protection remains suboptimal, as the decisions of the Indonesian Medical Disciplinary Board (MKDKI) are not always taken into account by the courts (Rahman, 2022). From the perspective of Rawls’ principle of justice, protection for obstetricians should ensure a balanced recognition of both patients’ and doctors’ rights, thereby promoting fairness and equitable justice for all parties (Rawls, 1971).

Mulyanto Mulyanto; Miftahul Huda

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

Indonesian Migrant Workers (PMI) play a crucial role in the nation's economy, as shown by their participation in overseas employment and the remittances they send back. Nevertheless, PMI frequently encounter challenges such as abuse, exploitation, breaches of contracts, and limited access to legal protections. The comprehensive legal structure designed to ensure their inclusive safety before, during, and after their employment is laid out in Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers. This research aims to analyze the actual practice of legal protections available to PMI, in light of statutory requirements, and to highlight any obstacles encountered in its application. A normative legal research method is used in this study, employing both legislative and theoretical frameworks, and it is informed by relevant academic literature, laws, and judicial rulings. The findings reveal that while Law No. 18 of 2017 outlines thorough protection protocols, its real-world execution faces hurdles such as insufficient oversight, poor cooperation among agencies, and a general lack of legal knowledge among PMI. Consequently, it is essential to enhance institutions, elevate the quality of protective services, and maximize the effectiveness of Indonesian representatives abroad. This study aims to contribute to the development of more equitable and efficient regulations for the safeguarding of migrant workers.

Catherine Regina Widyasari; Sutarno Sutarno; Mohammad Zamroni

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

Hospitals, as healthcare institutions, bear the responsibility of delivering safe, high-quality, and patient-centered services. Hospital accreditation serves as a crucial mechanism to ensure service quality and legal protection for patients, particularly in medical dispute cases. This study aims to analyze the impact of accreditation on patient legal protection, both preventively and repressively. The research employs a normative legal method with statutory and conceptual approaches, utilizing primary, secondary, and tertiary legal materials. Data were analyzed through document studies covering Law Number 17 of 2023 on Health, government regulations, presidential regulations, and technical regulations from the Ministry of Health regarding accreditation standards and procedures. The findings indicate that accreditation functions as a continuous evaluation mechanism to ensure medical services comply with safety standards and clinical governance, strengthens patients’ rights to information, informed consent, and quality care, and reduces the risk of medical disputes. However, implementation challenges exist, including limited resources, compliance performed as formalities, and inconsistent supervision. Therefore, accreditation is not merely an administrative symbol but a strategic legal instrument that enhances patient safety culture and hospital accountability, ensuring that healthcare delivery meets professional, ethical, and legal standards.

I Dewa Made Satya Dwisadewa; Dewa Ayu Putri Sukadana; I Gede Agus Kurniawan; Ni Putu Sawitri Nandari

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

Businesses build trademarks to promote products or services while maintaining their reputation and competitiveness. However, the practice of using well-known brands without the license owner's permission is still found. The case of counterfeiting the Arc'teryx brand by PT ATX Asia Sport Products demonstrates a violation of the exclusive rights of the brand owner. This study aims to analyze law enforcement against the circulation of counterfeit Arc'teryx products in Bali based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications and review the role of the TRIPs Agreement in protecting brands in Indonesia. The method used is normative with a literature review of laws, books, journals, and literature related to unauthorized trademark infringement. The results show that the use of the Arc'teryx brand without official permission confirms the weak supervision and law enforcement of foreign brands that have not been registered in Indonesia. Although the first-to-file system applies, Indonesia still provides legal protection for foreign brands through its membership in the Paris Convention and the TRIPs Agreement. This study emphasizes the need to strengthen the role of the Directorate General of Intellectual Property Rights (DJKI), the Commercial Court, and increase public legal awareness to prevent trademark infringement and create legal certainty for rights owners and consumers.

Maura Viranti A.Syira Adam; Meita Fadhilah

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

This study examines the legal protection regarding the cancellation of unused trademarks through a case study of the Supreme Court Decision No. 264 K/Pdt.Sus-HKI/2015 between IKEA Systems BV and PT Ratania Khatulistiwa. Trademarks play a vital role in modern trade, functioning not only as product identities but also as guarantees of quality and reputation with significant economic value. Law No. 15 of 2001 stipulates that a trademark may be cancelled if it is not used for three consecutive years, aiming to prevent speculative practices and pseudo-monopolies. However, this provision raises issues when applied to well-known trademarks that require longer periods to penetrate domestic markets. Using a literature review approach, this research analyzes legal norms, doctrines, and court decisions, while comparing them with international practices. The findings reveal that Indonesian law prioritizes the use requirement principle over the global reputation of a trademark. The Supreme Court’s decision to cancel the IKEA trademark demonstrates Indonesia’s legal orientation towards domestic legal certainty, yet it also creates challenges in maintaining a conducive investment climate. Therefore, trademark regulations need to be reformed to become more adaptive to globalization dynamics while balancing the interests of trademark owners, local businesses, consumers, and the state.

Ilman Fathony Martanegara; Rini Irianti Sundari; Chepi Ali Firman Zakaria

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

This research explores the legal protection of domestic doctors in Indonesia in response to the increasing utilization of foreign doctors (FDs) within the framework of knowledge transfer aimed at improving healthcare services. With the enactment of Law No. 17 of 2023 on Health, the Indonesian government provides space for foreign doctors to practice with simplified licensing procedures, raising legal concerns regarding legal certainty, professional equality, and the rights of patients to clear and honest communication. This study uses normative juridical methods with statutory and conceptual approaches to analyze the legal framework surrounding this issue. The findings show that the implementation of simplified requirements for foreign doctors potentially threatens the professional standing of local doctors and risks violating patient rights. Recommendations include strengthening legal instruments and monitoring mechanisms to ensure that knowledge transfer objectives are met without compromising legal protection and healthcare quality. The legal framework provided by Law No. 17 of 2023 allows foreign doctors to practice with more straightforward licensing processes, but it raises concerns regarding the adequacy of regulatory oversight. Local doctors fear that the simplified procedures for foreign doctors may not guarantee the same level of competency, accountability, and ethical standards. Furthermore, the presence of foreign doctors could lead to a disparity in professional treatment and recognition, undermining the integrity of the medical profession in Indonesia. This study explores how these legal issues intersect with the broader goals of patient protection, ensuring that all medical practitioners, regardless of nationality, adhere to the highest standards of care and ethical conduct. The role of patient rights in this context is critical, as patients must receive clear and honest communication about the qualifications of the doctors treating them, ensuring their right to informed consent is upheld.

Dielasy Budiarti; Yandi Saputra

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

The practice of surrogacy in Indonesia is growing despite the absence of clear legal regulations, creating uncertainty in the protection of surrogates, children, and those who use surrogacy services. Although several countries have regulations governing this practice, Indonesia still faces a legal vacuum that leaves many parties vulnerable to exploitation. This study aims to analyze aspects of legal protection, reproductive rights, children's interests, and women's dignity in the context of surrogacy in Indonesia, with the aim of formulating a more adaptive and equitable regulatory framework. The method used in this study is a normative juridical approach, with analysis using AMOS-based Structural Equation Modeling (SEM) of relevant legal documents and existing scientific literature. This research involves an analysis of existing regulations, cases related to surrogacy, and the opinions of legal experts and the public. The results show significant differences in legal protection between surrogates and children involved in surrogacy practices. Furthermore, there is uncertainty regarding the status of children born through surrogacy practices, which impacts their rights, particularly in terms of legal recognition and access to their human rights. This study also emphasizes that protecting women's reproductive rights and maintaining their dignity must be an integral part of surrogacy regulations. Clear and comprehensive regulations have been shown to improve protection for surrogates, children, and other related parties, as well as prevent potential exploitation. The implications of this study are the importance of establishing legislation specifically governing surrogacy practices in Indonesia, where such policies must focus on justice, child rights protection, and gender equality.