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Fitri Natasha Dachi; Urbanisasi Urbanisasi

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

Crypto asset transactions in Indonesia have rapidly developed alongside financial technology advancements, yet they pose legal challenges concerning investor protection. Under Indonesian civil law, civil liability for investor losses may be based on Article 1243 and Article 1365 of the Civil Code, depending on whether the loss arises from a breach of contract or an unlawful act. Additionally, the Consumer Protection Act may serve as a legal basis in cases involving violations of consumer rights. However, the application of such liability encounters juridical obstacles, including the absence of specific regulations defining the legal status of crypto assets as legal objects, regulatory gaps regarding business actors’ obligations, and evidentiary difficulties due to the anonymous nature of digital transactions. In this context, regulatory reform is essential to establish legal certainty and effective investor protection. The regulation should include digital security standards, transparent risk disclosures, and dispute resolution mechanisms. Active roles of Bappebti and the Financial Services Authority (OJK) in oversight, as well as legal literacy for the public, are critical to creating a responsible and secure crypto asset trading ecosystem.

Eka Prawira Rajaras Ps

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

Internal trafficking or insider trading is a form of prohibited securities transactions in the capital market, because it violates the principle of transparency which is the main basis for capital market activity.  The background of this study is the rise of insider trading practices in securities trading activities.  The main purpose of this study is to analyze how the completion system of the practice of insider trading is running and how legal protection can be given to investors who are victims.  This study uses a normative juridical approach by comparing applicable regulations.  The results of the study show that investors who suffer losses due to insider trading can file a lawsuit against the law as a legal step to obtain legal protection

Aprilia Silvi Suciana; Yunan Prasetyo Kurniawan

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

Electronic money laundering has become a critical issue as a form of cybercrime. Advances in technology demonstrate that digital forensic applications, particularly those utilizing smartphones, can be employed to uncover digital traces of money laundering transactions. This study aims to analyze the relevance of existing legal frameworks, the effectiveness of smartphone forensic techniques, and the challenges faced in their implementation in Indonesia. Based on a review of the literature and regulatory analysis, it was found that legal frameworks such as UU No. 8 of 2010 on the Prevention and Eradication of Money Laundering (TPPU) and UU No. 19 of 2016 on Information and Electronic Transactions (ITE) provide an adequate legal foundation. However, gaps in implementation, such as limited human and technological resources, remain significant obstacles. Forensic techniques, including metadata analysis and device extraction, have shown great potential in identifying the flow of illicit funds. Nonetheless, their application is hindered by data confidentiality and the lack of uniform technical standards. Given the increasing complexity of digital crimes, an integrated approach is required, combining regulatory strengthening with technological capacity building, to enhance the effectiveness of smartphone forensics in addressing electronic money laundering.

Gustina Sari; Windi Octaviani; Bonaraja Purba

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

The growth of the digital marketplace presents both opportunities and challenges for MSMEs (Micro, Small, and Medium Enterprises) in protecting their trademarks. This study aims to analyze the legal protections against trademark infringement of local products in the digital marketplace, identify the challenges faced by MSMEs, and formulate effective preventive and repressive strategies. The research employs a normative-empirical approach, analyzing Law No. 20 of 2016 on Trademarks, the Electronic Information and Transactions Law (ITE Law), and a case study of the MSME MoriGe. The findings reveal that while Indonesia's legal framework for trademark protection is adequate, its implementation faces obstacles such as low awareness among MSMEs regarding trademark registration, slow law enforcement, and the complexity of infringements in the digital space. This study recommends proactive trademark registration, enhanced collaboration with digital platforms, and widespread legal outreach to MSMEs. The research findings are expected to contribute to strengthening legal protections for local product trademarks in the digital era.

Seri Mughni Sulubara; Harry Fauzi; Bohari Muslim; M. Fadli Ferdiansyah Putra; Musmulyadi Musmulyadi

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

Online gambling is a form of cybercrime that utilizes information and communication technology, especially the internet, as a medium to commit gambling crimes. Online gambling as a form of cybercrime has become an increasingly widespread phenomenon in line with the rapid development of information and communication technology. Gambling that was previously only known conventionally is now transforming into the digital realm by utilizing the internet as the main media. This research uses a theoretical study of online gambling as cybercrime. This research uses a qualitative approach with an analytical descriptive method. The types of data used are primary data in the form of laws and regulations (ITE Law, Criminal Code), online gambling case documents, official police reports, as well as academic literature and scientific articles related to cybercrime and online gambling. Meanwhile, secondary data is obtained from observation of the investigation process and law enforcement carried out by the cybercrime unit in the police. The data collection technique uses Library Research to collect secondary data relevant to cybercrime legal regulations and theories. The data analysis technique uses qualitative analysis techniques with a descriptive approach. Online gambling is expressly prohibited by Indonesian laws and regulations, especially through Law No. 11/2008 on Electronic Information and Transactions (ITE Law) and its amendments, such as Law No. 19/2016 and Law No. 1/2024. Article 27 paragraph (2) of the ITE Law prohibits any person from distributing, transmitting, or making accessible electronic information containing online gambling content, with imprisonment of up to 10 years and a maximum fine of IDR 10 billion in the latest amendment. In addition, the Criminal Code (KUHP) regulates gambling in general in Articles 303 and 303 bis, with criminal penalties that are also quite severe, although they do not specifically regulate online gambling. Law enforcement against online gambling faces various complex challenges. The existing regulations are still partial and not fully able to accommodate the cross-border and dynamic characteristics of cybercrime.Proof of online gambling cases relies heavily on electronic evidence that requires digital forensic expertise,such as imaging the perpetrator's device and server,as well as analyzing activity logs and electronic transactions

Moch Irfanur Khokim

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

A standard agreement is a form of standard contract that is drawn up unilaterally by business actors, without providing flexibility for consumers to negotiate the content of the clauses contained therein. This characteristic creates an imbalance in the legal position between business actors and consumers, which in practice is often used to include exculpation clauses or unilateral clauses that are substantively detrimental to consumers. In the context of Indonesian law, this form of contract has become a common practice in various sectors, ranging from financial services to electronic transactions, so the urgency of legal protection for consumers has become increasingly significant. This research aims to analyze and evaluate the form of legal protection for consumers in standard agreements, based on the provisions of Law Number 8 of 1999 concerning Consumer Protection and related legal instruments, including implementing regulations and relevant jurisprudence. The research approach used is normative juridistic, with data collection methods through literature studies, normative analysis of laws and regulations, and an examination of several concrete case studies that illustrate imbalances in the legal relationship between consumers and business actors. The results of the study revealed that although normative legal protection has been regulated quite firmly, especially in the provisions regarding the prohibition of the inclusion of clauses that are detrimental or misleading to consumers, various structural and cultural obstacles are still found in its implementation. These obstacles include weak supervision mechanisms for business actors, limited consumer access to legal understanding, and suboptimal role of consumer dispute resolution institutions. Thus, it is necessary to strengthen regulations through more operational legal instruments, increase the capacity of supervisory institutions, and mainstream consumer legal literacy as a long-term strategy in realizing a fair, effective, and sustainable consumer protection system.

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.

Pasaribu, Audry Salsabila; Muhamad Radjhu Khan Saputra; Ilham Rahman Prayogo; Taun Taun

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

This study discusses a legal analysis of the differences between criticism and defamation in Indonesian law, especially in the Criminal Code (KUHP) and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE). The research method used is normative legal with a regulatory and contextual approach. The results of the study show that the Criminal Code and the ITE Law both provide protection for individual honor, but differ in the scope of application. The Criminal Code focuses more on conventional interactions, while the ITE Law regulates the electronic realm. Although it aims to protect the name well, the provisions in the ITE Law are considered to have weaknesses due to the potential for multiple interpretations that can threaten freedom of expression. Therefore, a proportional legal interpretation is needed to maintain a balance between protection of personal honor and respect for freedom.  

Maria Karunia Putri Maan; Heryanto Amalo; Ngongo Dede

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

The development of digital technology based on Artificial Intelligence (AI) has had a significant impact on society, including the emergence of new crimes such as deepfake pornography. Deepfake pornography is a form of AI misuse that creates fake pornographic content by manipulating a person's face into a video or image without consent. This phenomenon raises complex legal issues within the Indonesian criminal law system. This study aims to examine how Indonesian criminal law regulates AI deviations in the form of deepfake pornography and to assess the effectiveness of these regulations in providing legal protection. This research uses a normative approach with qualitative analysis methods and the theory of legal effectiveness as the analytical tool. The research findings indicate that AI deviations in the form of deepfake pornography are not specifically regulated in Indonesia's positive criminal law. The applicable regulations are still general in nature, scattered across several laws such as the Electronic Information and Transactions Law (ITE Law), Personal Data Protection Law, Pornography Law, Sexual Violence Criminal Act Law, Copyright Law, and the Criminal Code (KUHP), which do not comprehensively address the technological aspects and psychosocial impacts of this crime. Based on Soerjono Soekanto's theory of legal effectiveness, the existing regulations are not yet effective, as seen from the legal substance, law enforcement, legal facilities and infrastructure, community factors, and legal culture. Therefore, a responsive legal reform is needed to keep pace with digital technological developments, along with strengthening the capacity of law enforcement institutions.

Marselina Bali Ola Nama Tukan; Yossie Maria Yulianty Jacob; Husni Kusuma Dinata

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

The execution of a loan agreement is a form of binding engagement between the lender and the borrower. This agreement must fulfill the validity requirements as stipulated in Article 1320 of the Indonesian Civil Code. In practice, there are still cooperatives that operate without legal entity status but continue to provide lending services, such as Pringkop Cooperative in Nobo Village, Ile Boleng District, East Flores Regency. This study aims to examine the implementation of loan agreements facilitated by Pringkop Cooperative, which operates without legal entity status, as well as the factors influencing the community's decision to engage in such agreements. This research employs empirical approach, utilizing primary and secondary legal materials. The analysis method applied is qualitative descriptive analysis. The findings of this study indicate that: (1) The execution of loan agreements in Pringkop Cooperative is conducted in a simple manner, without notarized deeds or legally valid written agreements, posing risks to both parties in terms of dispute resolution. Nevertheless, the cooperative continues to operate based on a trust system and an orally agreed-upon repayment mechanism. (2) The factors influencing the community to engage in loan agreements with Pringkop Cooperative include ease of access, trust in the cooperative, and the economic conditions of the community, which require quick loans without complex procedures. Additionally, social and cultural factors contribute to the sustainability of this practice, as family relationships and local customs play a significant role in loan transactions.

Victor Karna Junior; Ghefari Albir Fachri Suherman; Lucky Dafira Nugroho

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

Default, or breach of contract, is a common problem in business transactions and can have significant impacts, both financially and non-financially. This article analyzes the various forms of default, such as failure to fulfill obligations, delays, or non-performance in accordance with the agreement. The impact of default is not only directly related to financial losses—for example through fines or damages—but can also damage business relationships and the company's reputation. Therefore, good contract design is very important in reducing this risk. Effective contract design should include clear clauses regarding obligations, deadlines, and sanctions that apply in the event of a breach. Penalty clauses are often used to provide incentives for the parties involved to fulfill their obligations. Furthermore, in the context of globalization and international transactions, it is important for contracts to include clear dispute resolution mechanisms, such as mediation or arbitration, to avoid escalation of problems. This article aims to provide practical guidance for companies in designing contracts that not only reduce the risk of default, but also ensure the sustainability of mutually beneficial business relationships. With a thorough understanding of legal risks and the implementation of appropriate mitigation measures, companies can maintain smooth operations and prevent major losses due to default.   Keywords : Default, Breach Of Contract, Contract Drafting, ,, , Mediation, Arbitration, Corporate Reputation, Risk Management.

Maliki Sirojudin Agani

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

The issue of criminalizing victims of sexual violence through the use of defamation charges is gaining public attention because it is often used to silence victims who try to share their experiences. This article describes how defamation provisions in the Criminal Code and the Electronic Information and Transactions Law are often used as instruments of Strategic Lawsuits Against Public Participation (SLAPP) directed at victims, making victims even more vulnerable. The study uses a normative approach to assess the effectiveness of legal protection in the Sexual Violence Criminal Law (TPKS Law). The results of the analysis show that the TPKS Law does not explicitly include an anti-SLAPP mechanism, leaving open the possibility for the reported party to file a counter-report against the victim. Studies of the SPI, KPI, and Baiq Nuril cases show a recurring pattern, namely the use of defamation articles as a means of silencing victims and slowing down the process of exposing sexual violence. This article proposes an anti-SLAPP clause based on a progressive interpretation of the anti-revictimization principle in the TPKS Law. This proposal is reinforced by the push for the application of an early dismissal mechanism for reports that show strong indications of intimidation, so that victims receive maximum protection in the legal process.

Naufal Wahyu Nabiha; Umi Enggarsasi

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

Money Laundering is an attempt to hide or disguise the origin of money or assets resulting from a criminal act through various financial transactions so that the money or assets appear as if they came from legal activities. The criminal act of money laundering is increasingly complex, and uses increasingly varied methods, one of the crimes originating from money laundering is fraud. The problems studied are how the law protects victims of fraud, what is the mechanism for confiscating and returning assets resulting from criminal acts originating from the assets of fraud victims, as well as an analysis of the basic considerations of judges in the Supreme Court decision no. 3096 K/Pid.Sus/2018. The defendant, who was proven to have not only committed the crime of "Fraud", was also proven to have committed the crime of "Money Laundering", therefore, based on the provisions of Article 39 of the Criminal Code in conjunction with Article 46 of the Criminal Procedure Code, the evidence was confiscated for the state. 

Gradia Okultra Alba; Alan Siti Nurrizky

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

Buying and selling is a legal relationship that has rights and obligations between the parties, including house buying and selling transactions through a House Sale and Purchase Agreement (PPJB) and Sale and Purchase Deed (AJB) carried out in front of a notary. The study has a goal, namely to find out and analyze the validity of buying and selling transactions of houses in the perspective of the Civil Code. Juridical-normatic is used as a research method whose approach is in the form of laws and literature studies. The result of this study is a house sale and purchase agreement, namely a special agreement whose rules are contained in Article 1457 of the Civil Code. The validity of this sale and purchase refers to Article 1320 of the Civil Code concerning the legal terms of the agreement. Buying and selling houses is carried out through various stages, namely the preparation of PPJB, payment of seller and buyer taxes and the process of transferring the name in AJB before a notary. Legitimacy can occur if the making of this agreement is not because there is a forced withdrawal from any party,, does not violate the provisions of laws and regalutions, decency and the public interest.