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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.

Ruminingsih Ruminingsih; Vivin Astharyna Harysart; Mohamad Fikri

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

An heir whose whereabouts are unknown refers to a person presumed missing, with no confirmation of life or death. This thesis examines the juridical settlement of inherited assets under civil law, focusing on Case Study Decision Number: 200/Pdt.P/2023/PN Jkt.Tim. The research employs a normative legal method, analyzing statutory regulations (law in book). According to Article 463 of the Civil Code, an heir whose whereabouts cannot be confirmed still retains inheritance rights, supported further by Article 467. However, if the court officially declares the missing person as deceased, their legal status as an heir ceases, and their position is transferred to a substitute heir. This substitution is governed by Article 841 of the Civil Code, which assigns all rights and obligations of the original heir to the replacement. Importantly, the substitute heir may only assume control of the inherited assets after a court decision has declared the original heir legally missing or deceased. Without such a ruling, no transfer or control of inheritance can occur. This ensures legal certainty and protects the rights of all parties involved in the inheritance process.

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.

Hendra Abednego Halomoan Purba; Reny Rebeka Masu; Karolus Kopong Medan

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

The scope of pretrial authority is regulated under Article 77 of the Indonesian Criminal Procedure Code (KUHAP), with an extension of authority introduced through the Constitutional Court Decision Number 21/PUU-XII/2014. The evidentiary process in pretrial proceedings is governed by Article 2 paragraphs (2) and (4) of the Supreme Court Regulation of the Republic of Indonesia Number 4 of 2016 concerning the Prohibition of Judicial Review of Pretrial Decisions. However, in practice, petitions for pretrial often address matters beyond this prescribed authority. Moreover, there remains a disparity in judicial reasoning across different judges, particularly with respect to the evaluation of evidence in the determination of a suspect.The legal issues examined in this study are: (1) whether the expansion of the pretrial authority’s scope has led to multiple interpretations among law enforcement officers, and (2) how the evidentiary process in pretrial proceedings aligns with the principle of legal certainty. This thesis employs normative legal research using statutory, conceptual, and case approaches. The findings of this thesis reveal that the expansion of pretrial authority has indeed created multiple interpretations among law enforcement officials, owing to inconsistencies in pretrial decisions that result from judicial discretion. Furthermore, the evidentiary process in pretrial proceedings ought to be limited to the formal aspects of investigative or prosecutorial actions. Nevertheless, certain pretrial rulings have considered the substance and quality of evidence, and even assessed the conduct of the suspect. Such practices undermine legal certainty for justice seekers. Therefore, the Supreme Court should issue more concrete regulations concerning the scope of pretrial and the evidentiary standards applicable in pretrial proceedings.

Maria Ivone Angelica Mukin; Darius Mauritsius; Helsina Fransiska Pello

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

This study discusses the Responsibility of Livestock Owners for Damage to Agricultural Land Owned by Residents in Nobo Village, Ile Boleng District, East Flores Regency. This study aims to determine the mechanism for resolving the problem of agricultural land damage caused by livestock in Nobo Village, Ile Boleng District, East Flores Regency and the form of accountability of livestock owners for damage to agricultural land caused by livestock. This study uses a qualitative research approach with an empirical research type. The techniques used in collecting data for this study are Observation, Interviews, Literature Studies, and Documentation. The results of this study indicate that the mechanism for resolving the problem of agricultural land damage caused by livestock in Nobo Village, Ile Boleng District, East Flores Regency through the stages of Reporting, Examination, and Trial. The law that regulates this, Article 1368 of the Civil Code, clearly regulates the responsibilities of livestock owners, and the Prohibition on releasing animals is also regulated in the Regional Regulation of East Flores Regency Number 25 of 1988 concerning Livestock Maintenance, but the sense of awareness of the community's obligations alone does not seem to be running. Claims that can be handed over to the pet owner who caused the loss can be in the form of compensation in the form of money and compensation in the form of returning it to its original condition (natural compensation).

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.

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

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.  

Andari Rizky Aria Putra; Trini Handayani; Aji Mulyana

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

The development of corruption nowadays is accompanied by other crimes related to hide assets from corruption and one way of it is by money laundering mechanism. The mechanism of it is contained in the Criminal Code, Criminal Procedure Code, Law No. 20/2001 jo. Law No. 31/1999 concerning the Eradication of Corruption and Law No. 8/2010 concerning Prevention and Eradication of the Crime of Money Laundering. There are also international legal instruments adopted to strengthen efforts to seize assets from criminal acts of corruption, such as UNCAC which was ratified by the Government of Indonesia into Law Number 7/2006 concerning Ratification of the UNCAC on April 18, 2006. Indonesia needs a regulation that has stronger legal force and has a special mechanism regarding the mechanism for the confiscation of assets and assets that are suspected of being obtained as a result of corruption. It can be suggested to the Government and the legislature to encourage the discussion and passing of the asset confiscation bill’s immediately.

Riana Wijiana

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

The code of ethics of the advocate profession plays an important role in maintaining the existence of this profession as a respected officium nobile. As part of the justice system, advocates are not only required to have legal expertise, but also to maintain integrity and morality through compliance with the code of ethics. This article discusses the urgency of implementing the code of ethics of the advocate profession, its strategic function in regulating relations with clients, courts, and the community, and the challenges it faces. Enforcement of the code of ethics is carried out through supervision of professional organizations and the Honorary Council to prevent violations that can tarnish the reputation of the profession. Factors such as legal ethics education for prospective advocates, harmonization of codes of ethics between organizations, and sanction mechanisms are the main concerns in strengthening its implementation. In addition, the digital era brings new challenges in the form of public perception of the advocate profession influenced by social media. This article highlights the importance of collaboration between educational institutions, professional organizations, and advocates in building an ethical culture and increasing public trust. Enforcement of the code of ethics not only maintains the honor of individual advocates, but also protects public trust in the legal system as a whole.  

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.

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.

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.

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.

Alesandro Umbu Rangga Pahada; Karolus Kopong Medan; Bhisa Vhitus Wilhelmus

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

The resolution of cases solved by maramba against the people or faced with various legal, social, cultural, and economic obstacles. Limited access to law enforcement and low legal knowledge make victims reluctant to seek justice. The research used is empirical legal research or empirical juridical research. Data collection for this research is interviews, observations and document studies. The data to be collected is then processed using the observation method. The results of the study show that the choice of customary resolution that prioritizes reconciliation also makes cases rarely processed through formal law. Economic dependence on maramba further weakens the position of ata. Violations committed by maramba (king) against the ata (lower) people in Rindi District, East Sumba, can be resolved through two channels: criminal law and customary law. Criminally, tournaments are regulated in Article 351 of the Criminal Code and can be reported to the authorities. However, people more often choose customary resolution through mediation by traditional elders (rato) who emphasize compensation or peace rituals. Social inequality, maramba dominance, economic dependence, and cultural pressure make it difficult for the ata people to fight back. They are reluctant to report because they are afraid, do not understand the law, and believe more in customary resolutions which are considered to maintain social harmony.

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.

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.

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.

Mursani Mursani

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

This study examines The Legal Position of the Peace Deed as a Means of Dispute Resolution for Parties Outside the Court, focusing on the notary’s authority and the legal strength of the peace deed compared to court decisions. Using a normative juridical method, this research emphasizes an analysis of positive legal provisions such as the Indonesian Civil Code, the Notary Law, and the Law on Arbitration and Alternative Dispute Resolution. The findings indicate that notaries possess legal authority to draft peace deeds as authentic instruments ensuring legal certainty and justice for disputing parties. A peace deed made before a notary holds the same legal force as a court decision with permanent legal effect (inkracht van gewijsde) and may serve as an executorial title when issued in the form of a grosse acte. Thus, the notarial peace deed functions as an effective, efficient, and equitable legal instrument for resolving disputes, reinforcing the principles of simplicity, speed, and low cost within the national legal system.

Khairuddin Hasibuan; Budi Sastra Panjaitan; Arifuddin Muda Harahap

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

The renewal of the Criminal Procedure Code (KUHAP) through the Draft Law (RUU) KUHAP opens up space for in-depth philosophical reflection on the relationship between law, justice, and humanity. This article examines the challenges of harmonizing the principle of due process of law, which emphasizes respect for individual rights in every legal process, with the criminal justice system, which is oriented towards efficiency and the purpose of punishment. This harmony is not only a technical and normative matter, but also a matter of shared understanding of what is meant by justice in the context of a more humane and human rights-based criminal justice system. Using a philosophical legal perspective, this article explores the potential for conflict and convergence between the two principles, and seeks common ground within the framework of Pancasila legal values ​​and Islamic law that prioritize humanity, substantive justice, and a balance between individual rights and the public interest. The renewal of the RUU KUHAP, in this context, is not merely a structural change, but a journey towards a legal system that guarantees the depth of justice, which is not only seen from a procedural perspective, but also from the moral and social essence of the law itself.