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Bemby Navita; Rosita Adelia Putri; Jacinda Az Zahra; Aurellia Mirabel Fredlyna; Stephanus Louis Scaeva Tapiheru +1 more

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

This article discusses the position and functions of state institutions in Indonesia's governmental system based on the 1945 Constitution (UUD 1945). The UUD 1945, as Indonesia's highest written constitution, establishes state institutions within three main branches of government: executive, legislative, and judicial. The article outlines how each branch fulfills its role according to the principle of trias politica, aimed at maintaining a balance of power through a system of checks and balances. The main focus is to analyze the position of these institutions within the constitutional framework and how they work synergistically to support Indonesia's political, legal, and social stability. Furthermore, the article explores the challenges faced by state institutions, such as overlapping authorities, and offers recommendations for addressing these issues to strengthen good governance and democracy. A deeper understanding of the role and functions of state institutions is expected to help Indonesia achieve a just and prosperous government.

Yoanita Rostika Lala; Darius Mauritsius; Chatryen M. Dju Bire

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

This research aims to analyze the factors behind the rejection of land vacancy by recipients of land use rights in Numponi Village, East Malaka District, Malacca Regency. Employing an empirical legal research method, the study integrates primary data obtained through interviews and secondary data gathered from literature studies. The data were analyzed using a qualitative descriptive approach. The findings reveal that the refusal to vacate land stems from a combination of internal and external factors. Internal factors include claims made by the right holders over the land, fulfillment of tax obligations, and the perception of ownership by the recipients of use rights. Meanwhile, external factors involve economic interests, cultural values, the influence of a matrilineal customary system that is not yet fully understood by the disputing parties, and a general lack of public awareness regarding agrarian law and the necessity of formal land documentation such as certificates. The study highlights the critical need for better dissemination of agrarian legal knowledge and formal land administration practices within local communities to prevent future disputes and ensure legal certainty over land use rights.

Sonia Desi Rahmawati; Zulkifli Andrian

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

This study will describe the legal character of the new Criminal Code in the perspective of legal politics, as for the problem in the research, namely how politics is very influential in producing a legal product. this research method uses normative legal research where in this case it examines legal issues and examines norms, as for what is studied in this study is the new Criminal Code Law. This research aims to answer how the politics of law on criminal law reform in indonesia and how the political configuration and legal character of the new Criminal Code. the conclusion of this research is the politics of law in the Criminal Code Update is the politics of criminal law, which is basically a form of policy that responds to the development of human thinking about crime. political configuration that has a major influence on the formation of rules. Legal products that are responsive in character, the process of making them is participatory, which invites as much community participation as possible through social groups and individuals in the community. In relation to the new Criminal Code, it is not responsive or democratic in nature, and it is also born through an authoritarian political configuration because of the lack of popular participation in its design.

Ephivanus Markus Nale Rimo; Maria Sisilia Lou Kelen

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

The role of the TNI is very important in creating and maintaining the security of the community in fulfilling human rights, but based on the long history in Indonesia, it is suspected that there has been violence and serious human rights crimes committed by state apparatus and security actors. The principle of command responsibility for military commanders, police superiors and other civilian superiors is at least three reasons that underlie the thinking of military commanders, police superiors and other civilian superiors, namely the commander or superior who has the power to give orders and is responsible for the failure to control or control his subordinates. This research examines the following issues: 1) How is criminal responsibility for crimes against humanity committed by TNI soldiers or troops in security restoration operations after the occurrence of military operations other than war (OMSP); 2) Which court is authorized to try the case of crimes against humanity committed by TNI soldiers or troops in security restoration operations after the occurrence of military operations other than war (OMSP). This type of research is normative legal research using the approach method used, namely the statutory approach and concept approach. Source of legal material. The sources of legal materials used are primary legal materials and secondary legal materials. Legal material search techniques are carried out by literature study or document study. 

Inri Maria Tanesib; Yohanes Tuan; Norani Asnawi

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

The existence of the Regional Public Company (PERUMDA) of Kupang City aims to distribute water to residents in the surrounding areas. This study aims to evaluate the performance of PERUMDA in providing clean water services in Alak District, Kupang City. This research employs a combination of juridical and empirical approaches. The study was conducted at the PERUMDA Kupang City office and in the Alak District area of Kupang City during January 2025. The population in this study includes all PERUMDA employees and drinking water customers in Alak District, Kupang City. The sample was obtained using purposive sampling techniques, consisting of the head of the customer relations division (1 person), PERUMDA employees (10 people), and community members who use PERUMDA services (50 people), resulting in a total sample of 61 respondents. Data were collected through document review and in-depth interviews guided by an interview protocol. Based on the interview results, it was found that clean water services provided by PERUMDA were still suboptimal. Although PERUMDA Kupang City already has Standard Operating Procedures (SOPs), the implementation in the field still faces various obstacles, such as unequal distribution of clean water, limited infrastructure, occasional poor water quality, ineffective complaint handling systems, and outstanding payment arrears. PERUMDA Kupang City needs to expand its clean water distribution network, improve water quality, strengthen the customer complaint system, and conduct education and outreach to the community regarding the importance of efficient water use and the obligations of the community as service users.

Giovanni Secondoi Putra Himan; Saryono Yohanes; Agnes Doortji Rema

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

The management of regional finances aims to realize good governance that includes efficiency and transparency in meeting public needs. Efficiency and transparency in the decentralization of financial management policy by the Financial and Asset Management Agency (BKAD) of Kupang City are key factors in ensuring proper regional financial management. This study uses an empirical research method. After data collection, the researcher categorized the data based on the sources and analyzed them. The results of this study indicate that Efficiency has not been fully achieved due to mismatches in budget allocation. Meanwhile, transparency remains suboptimal because the existing system often experiences disruptions, limiting open access to information. The most dominant inhibiting factor affecting implementation effectiveness is human resources (HR). In addition, dependency on central government funding hampers flexibility and independence in regional financial management. The study suggests that BKAD should conduct technical competency training and development for staff, the Kupang City Government should increase local revenue (PAD), and the public should actively participate in budget public consultations.

Stevania Caroline Prata; Darius Mauritsius; Helsina F. Pello

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

The standard agreement for the delivery of goods whose contents or clauses are made by business actors to avoid losses on another day and consumers only have the choice to accept or reject, thus making the position of business actors stronger while consumers are weakened. The UUPK itself does not prohibit the existence of an exoneration clause as long as it does not violate article 18 of the UUPK. The type of research is field research or Empirical Juridical research is carried out by starting from primary data obtained from the research site, the data collection technique is through literature studies and analyzed in a qualitative way, which is a discussion that is carried out by combining literature research and field research. The results of the research obtained in the study show that consumers have been protected by Law No. 8 of 1999 concerning Consumer Protection, If a dispute occurs and a family settlement has been carried out but there is no result or no peace occurs, then consumers can take legal action as stipulated in articles 24 and 25 of the UUPK regarding how the responsibility of business actors, in the resolution of consumer disputes is protected by article 45 of the UUPK concerning dispute resolution. Dispute resolution can be done through the court and out of court, out-of-court dispute resolution can be done by filing a claim for compensation or through the consumer dispute resolution agency (BPSK). As a legal consequence that occurs if there is a clause in the standard agreement that is null and void, even though the standard agreement containing an exoneration clause has been agreed before, the agreement cannot be considered valid because it contradicts one of the contents of article 1320, which is a halal cause, due to the transfer of responsibility.  

Fernando Seran; Jimmy Pello; Rudepel Petrus Leo

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

Narcotics are substances that cause certain effects for those who use them and put them into their bodies. Along with the development of the times, the types of drugs are increasing and have various variations. One example of a new type of drug is gorilla tobacco. Criminal Law Policy Against New Types of Narcotics Abuse. This study uses a normative juridical research type with a Philosophical approach, Criminal Law Political Approach, legislation, case approach and examines the contents of various legal sources, both books, journals and other related legal sources to answer the aspects that are the focus of the research. The results of this study indicate that in 2022 31,420 incidents were caused by an increase in the abuse of new types of narcotics (New Psychoactive Substances) which in previous years were not registered in the appendix to Law Number 35 of 2009, this caused a Legal Vacuum regarding the New Type of Narcotics. In addition, the author also analyzes the law enforcement against new types of narcotics (gorilla tobacco) in a review of Law Number 35 of 2009 concerning Narcotics and the form of criminal responsibility carried out by perpetrators of gorilla tobacco abuse in the decision of the District Court Number 32/Pid.sus/2021/PN Rtg.

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.

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.

Nila Amania

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

Pancasila has been established as both a rechtsidee (legal ideal) and a grundnorm (fundamental norm). The values of Pancasila must guide and be embodied in legal reform in Indonesia whether at the substantive level (legal content), structural level (legal institutions), or cultural level (legal culture). These values must be embedded in the Constitution of the Republic of Indonesia and further reflected in all subsequent laws and regulations. The value of national unity contained in Pancasila is reflected in the enactment of Law No. 1 of 1974 on Marriage. The unification of marriage law through this legislation abolished the diverse marriage laws that existed prior to its enactment. The value of social justice for all Indonesian people is reflected in the enactment of Law No. 16 of 2019, which amended Law No. 1 of 1974 on Marriage. The amendment, which revised the minimum age for marriage, provides justice for both men and women regarding the legal validity of marriage in Indonesia.

Eva Albatun Nabilah; Vinny Alvionita; Andi Sri Hastuti Handayani Usman; Eka Darmayanti Putri Siregar; Olivia Pamilangan Andilolo

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

This study aims to see the determination of the minimum limit of criminal liability for children in conflict with the law after the emergence of the rape and murder case of a junior high school student in Palembang in August 2024 where the three perpetrators who were under 14 (fourteen) years old were not sentenced but only in the form of actions. This research is a normative legal research that uses a statutory approach and a case approach. The results of this study indicate that when referring to the provisions of international law on children, namely the CRC and its General Comments and the Beijing Rules, the determination of the minimum age of criminal liability for children and the minimum age of children can be punished in national law, namely the SPPA, is appropriate so that there is no need for changes. There are three solutions to dealing with cases of children committing sexual violence in the future that the government can do, namely: Strengthening parental responsibility in supervising digital literacy and strengthening family socio-economics, psychological approaches to children and the importance of sex education

Regar Vina Febrina

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

The principle of legality is one of the main principles adopted by criminal law. Indonesia has incorporated the principle of legality into the first article of the Criminal Code, which carries the consequence that the imposition of criminal penalties must first be regulated in written law. The reform of criminal law through the New Criminal Code continues to apply the principle of legality in Article 1 and also adds recognition to the laws existing in society that are generally unwritten. The recognition of unwritten laws in the New Criminal Code does not mean shifting the principle of legality and applying the law arbitrarily, but rather a form of realization of the principle of legality in accordance with the characteristics of Indonesian society. The New Criminal Code has provided limits on the application of unwritten laws existing in society, namely if the Criminal Code does not regulate the punishment and must be in accordance with Pancasila, the 1945 Constitution of the Republic of Indonesia, human rights, and general legal principles recognized by the community of nations.

Elvis Hizkia Malelak; Rosalind Angel Fanggi; Sigit Prabowo Sonbait

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

The purpose of this study is to find out and analyze the extent of the role of victims in the occurrence of fraud crimes in the admission of members of the National Police as well as legal protection efforts for victims of fraud in the admission of members of the National Police in Rote Ndao Regency. This research is an empirical juridical research, so the data used are interviews, literature and literature studies. The data was analyzed descriptively. The results of research in the field show that the victim played a role in the fraudulent act that occurred where the victim gave the perpetrator the opportunity to commit a criminal act by inadvertently having made a bribery attempt to qualify as a member of the Indonesian National Police Force. Legal protection efforts for victims are carried out by following up on reports from victims or repressive efforts, and socializing and educating the public not to easily believe in existing lures or known as preventive efforts and sanctioning the perpetrators by dismissing them so that the same thing does not happen again.

Addawiyah Addawiyah; Lolita Febriani; Nurul Fadillah

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

This study aims to analyze the effectiveness of public policy implementation in realizing responsive public services with a literature review approach. The focus of the study is directed at conceptual understanding of the dimensions of policy effectiveness, the characteristics of responsive public services, the relationship between policy and service quality, and implementation challenges in the field. The method used is a descriptive qualitative method based on literature studies from various theoretical and empirical sources. The results of the study show that the effectiveness of implementation is highly correlated with the quality of public services, where factors such as resources, inter-agency coordination, and community involvement are the main keys to success. Bureaucratic reform strategies, capacity building of apparatus, and open and adaptive governance are needed to realize public services that truly answer the needs of the community.

Imam Nugraha; Nani Nurani Muksin

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

Globalization affects the fast-moving aspects of industrialization both at the central and regional levels, accompanied by the dynamics of the development process. Lakardowo Village is one of the villages in Mojokerto Regency, East Java Province. In this village there is a hazardous and toxic waste processing industry managed by PT.PRIA which was established based on the recommendation of the Mojokerto Regent Decree in 2017. The licensing for this environmental permit has had a negative impact, namely conflict between the Lakardowo village community and the company, the Mojokerto district government, and the pro-company community. In addition, another impact of this waste treatment activity is the source of water pollution and disease in the communities living in the factory area. This article attempts to analyze the chronological sequence and forms of conflict as well as the factors that cause conflict in Lakardowo village. The research method in this article is qualitative research. The findings in the field show that the conflict has occurred for many years and experienced various dynamics of conflict forms both horizontally and vertically.

Angelina Dewi Permatasari; Larasati Rahmadhani; Lutfia Setiya Marsyalola; Muhammad Naufal Ramadhan; Dwi Desi Yayi Tarina

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

The Meikarta project as the "Shenzhen of Indonesia", is an ambitious initiative by the Lippo Group to develop a large property project in Cikarang, Bekasi Regency, West Java. Although it offers various modern facilities, this project faces various obstacles, including construction delays and uncertainty about the fate of consumers who have made payments. This problem is further complicated by allegations of violations of the law related to building permits (IMB) and non-compliance with the Regional Spatial Plan (RTRW), as well as bribery cases involving local government officials. This study aims to examine the legal protection provided to consumers in relation to the validity of agreements made in the Meikarta project, with a focus on the legal implications of unlawful acts and legal uncertainty due to corruption cases. This study uses a qualitative method with a normative legal approach, which examines applicable legal provisions, and an empirical approach, which examines how the law is applied in practice, as well as data collection techniques through case studies and legal literature. The results of the study indicate that there is abuse in the validity of contracts that are detrimental to consumers, as well as the negative impact of legal uncertainty caused by corrupt practices. Legal protection for consumers, including lawsuits and government intervention, is essential to prevent further losses. It is hoped that this research will contribute to the formation of better legal policies and more effective consumer protection in Indonesia.

M. Harry Mulya Zein; Ardyansyah Wijaya; Sisca Septiani

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

This study examines the performance of the Banjarbaru City Personnel and Human Resources Development Agency (BKPSDM) in the recruitment of Government Employees with Work Agreements (PPPK). Using a qualitative approach with descriptive methods, this study evaluates performance based on five indicators: productivity, service quality, responsiveness, responsibility, and accountability. The results show that although BKPSDM has implemented a merit-based recruitment system through Computer Assisted Test (CAT), several challenges are still faced, such as technical constraints in the online system, limited formation quotas, and applicants' lack of understanding of administrative requirements. The research also identified supporting factors such as the regulatory framework, technology implementation, and the active role of BKPSDM in providing clear information to applicants. Recommendations include strengthening technological infrastructure, expanding socialization, optimizing complaint mechanisms, and proposing additional formation quotas to match regional needs.  

Umbu Kudu Katauhi Mila; Josef Mario Monteiro; Cyrilius W.T. Lamataro

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

This study aims to analyze the regulation of residence permit services for foreign citizens after the stipulation of the regulation of the Minister of Law and Human Rights number 22 of 2023 concerning visas and residence permits. This research is a normative research supported by field research and literature research using primary legal materials, secondary legal materials and tertiary legal materials collected using documentation techniques or literature studies and processed and analyzed in a qualitative descriptive manner. The results of the study show that (1) Synchronization of foreigner residence permit arrangements between Law Number 6 of 2011 concerning Immigration, Government Regulation Number 31 of 2013 concerning Implementation Regulations of Law Number 6 of 2011 concerning Immigration and  Regulation of the Minister of Law and Human Rights Number 22 of 2023 concerning Visas and Residence Permits It is important to create legal certainty and the effectiveness of the implementation of rules (2) Factors that cause Foreign Citizens to exceed the limit of Residence Permit in Indonesia, namely Legal Awareness Factors and Legal Compliance Factors.

Josshy Christine Dudu; Deby F.Ng. Fallo; Rosalind Angel Fanggi

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

This research aims to find out and analyze the legal protection of children in East Nusa Tenggara Province. This research is an empirical legal research using primary and secondary data collected using interview techniques , questionnaires, and literature studies and analyzed in a qualitative descriptive manner. The results of the study show that children in mainland Timor face various forms of interrelated violence, including physical violence that causes injury, psychological violence that damages mental health, sexual violence that causes deep trauma, and social violence in the form of neglect, hindering the fulfillment of children's basic rights, so the government needs to make preventive and repressive efforts in providing legal protection efforts.