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Edgart Marpaul Boelan; Simplexius Asa; Orpa Ganefo Manuain

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

This study examines the urgency of regulating the nominal limit of restitution in criminal case resolution through a restorative justice approach from the perspective of legal certainty. Restorative justice in Indonesia is governed by PERKAP No. 8 of 2021, PERJA No. 15 of 2020, and PERMA No. 1 of 2024. However, none of these regulations explicitly stipulate the nominal limit of compensation payable to victims. The absence of such a provision potentially leads to legal uncertainty and unfair practices, particularly in cases where resolution depends on the offender's ability to pay restitution. This research adopts a normative juridical method using statutory and conceptual approaches. The study aims to analyze the necessity of regulating nominal limits and how such limits should be determined under the prevailing legal framework. The findings reveal that the lack of clear restitution limits hampers the effective implementation of restorative justice, undermines fairness, and fails to adequately protect victims' rights. Legal regulation of compensation limits is necessary to ensure legal certainty, prevent abuse of power, and uphold justice in the victim recovery process. The study recommends that the state promptly establish clear restitution limits through revision of existing regulations or formulation of new ones, taking into account the principles of justice, the offender’s financial capacity, and the proportionality of the victim's losses.

Gusti Ramadhani; Cecep Suhardiman

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

This article examines Indonesia’s public policy on personal data protection in light of Law No. 27/2022, which mandates the establishment of an independent Personal Data Protection Authority (PDP Authority). Despite this legal requirement (Article 58 UU PDP), no such institution has been formed. As a result, there is currently no supervisory authority with the mandate to audit compliance, impose administrative sanctions, or resolve data protection disputes. Enforcement of the law has thus remained reactive rather than preventive, with violations prosecuted only after harm occurs. Experts warn that without a strong implementing agency, deterrence is weak: administrative sanctions cannot be effectively applied and punished violations continue unchecked. Cybersecurity analysts even describe this gap as a national digital protection crisis, as personal data leaks (e.g. millions of citizens’ records exposed in recent breaches) continue unabated. Using a normative legal research approach and literature review, this study analyzes how the lack of the mandated PDP Authority undermines the effectiveness of data protection in Indonesia. The article reviews relevant legal theory on regulatory independence and deterrence, and compares with international best practices (e.g. EU/GDPR). We find that the absence of the agency creates serious implementation gaps, and we urge the government to immediately form the PDP Authority and clarify its powers.

Abednego Satrio Nugroho Purba; Cecep Suhardiman

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

Corporate Social Responsibility (CSR) in Indonesia has undergone a paradigmatic shift from voluntary philanthropic activities to a legally binding obligation grounded in various statutory regulations, particularly Law Number 40 of 2007 on Limited Liability Companies and Law Number 25 of 2007 on Investment. This study aims to analyze the legal framework governing CSR in Indonesia from a public policy perspective, to evaluate the implementation of CSR by corporations, and to identify normative and empirical constraints that hinder the optimization of CSR as an instrument of sustainable development. The research employs a normative juridical method with statutory, conceptual, case-based, and policy analysis approaches. The findings indicate that CSR regulation remains partial in nature, primarily due to the limitation of mandatory obligations to specific sectors, the absence of clear and enforceable sanctions, and the lack of national standards for reporting and oversight.

M. Haidar Hafizh Daniar; Muhammad Fathoni Ridzakiy; Naomira Gadieza Putri; Iyep Saefulrahman

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

The phenomenon of authority trap occurs when local governments are burdened with achieving SDG 7 (“Affordable and Clean Energy”) targets without being granted adequate authority and resources. This study examines the context of West Java Province and Bandung City, which face complex clean energy governance due to fragmented authority across levels of government. At the national level, Government Regulation No. 40/2025 reinforces emission reduction and the transition toward Net-Zero Emissions by 2060. West Java has established RUED No. 2/2019, which sets a minimum renewable energy share of 17% by 2025. However, the technical responsibilities for implementation (such as electrification and energy conservation) lie at the regency/municipal level. The analysis highlights fiscal disparities, PLN’s dominance, and national regulations that override local authority. Local innovations such as rooftop solar PV, solar-powered street lighting, the Green Building Mayor Regulation, and PPP schemes are evaluated for their effectiveness. This qualitative study combines policy document analysis and literature review. The findings show that the absence of strong local regulation (regulatory void) and the central dominance of PLN reinforce the authority trap, hindering synergy among stakeholders. The recommendations emphasize strengthening institutional collaboration, aligning local and national regulatory frameworks, and promoting innovative financing mechanisms to enable Bandung City to break free from the authority trap in achieving SDG 7 targets.

Shafri Nur Julianto; Afni Nooraini

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

This study examines the effectiveness of the SIPELANDUKILAT program (Population Administration Service System for Border and Remote Areas) in improving population administration services in rural and remote areas of Tanjung Palas Timur District, Bulungan Regency, North Kalimantan Province. Using qualitative descriptive methods with an inductive approach, data were collected through interviews with 10 informants, direct observation, and documentation. The theoretical framework employs Siagian's (2011) effectiveness theory, assessed through four dimensions: human resources, funds, facilities and infrastructure; quantity and quality of services; time; and procedures. Findings indicate that the program has not yet reached full effectiveness, particularly due to the absence of specialized training for operators, inadequate facilities and infrastructure, and the transition from the distributed SIAK system to a centralized SIAK system that rendered offline recording equipment unusable. Supporting factors include qualified human resources, assistance from the Provincial Civil Registry Office, and high community participation. The study recommends that Bulungan Regency accelerate adaptation to the centralized SIAK system, improve facilities and infrastructure, and strengthen inter-agency cooperation to optimize population administration services in remote areas.

Putu Budi Utama; Ratna Artha Windari; Si Ngurah Ardhya

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

The informal trading of Mobile Legends: Bang Bang game accounts through social networking platforms has expanded rapidly alongside the acceleration of digital technology and the growing integration of online gaming into contemporary lifestyles, particularly among younger demographics. Game accounts characterized by high competitive rankings, exclusive virtual assets, and accumulated in-game achievements have increasingly been commodified and exchanged through social media channels such as Facebook, Instagram, and TikTok, predominantly utilizing electronic payment instruments, including digital wallets. Despite its widespread practice, this form of transaction frequently generates legal complications, most notably in relation to consumer protection. Buyers are often exposed to substantial risks, including fraudulent representations, discrepancies between promised and actual account specifications, unauthorized resale, and the revocation of account access after payment completion. This study seeks to critically examine the legal framework governing the trading of Mobile Legends accounts and to assess the extent to which consumer protection mechanisms are afforded under Law Number 11 of 2008 concerning Electronic Information and Transactions and Law Number 8 of 1999 concerning Consumer Protection. Employing a normative juridical research design, this study applies statutory and conceptual approaches supported by the analysis of primary, secondary, and tertiary legal materials. The findings indicate that consumer protection within online game account transactions remains structurally insufficient, primarily due to the absence of explicit legal recognition of digital game accounts as legally protected objects. Consequently, the study underscores the necessity of adopting progressive legal interpretation and formulating specific regulatory instruments to enhance legal certainty and ensure more effective consumer protection within the evolving landscape of digital transactions.

Kadek Dhyan Wahyuni; I Wayan Landrawan; Ni Ketut Sari Adnyani

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

This study examines the implementation of the Manak Salah tradition in Padang Bulia Customary Village from the perspectives of legal certainty and human rights protection. Manak Salah is a customary practice associated with the birth of opposite-sex twins, which in Balinese Hindu cosmology is considered a sacred event that may disrupt the balance between the sekala and niskala realms, thereby requiring purification rituals. Although the contemporary practice of this tradition has become more humane and no longer involves social exclusion, its regulation remains unwritten and has not been formally codified in the village’s Awig-awig (customary law). This condition creates the risk of multiple interpretations, legal uncertainty, and insufficient protection of the rights of children and affected families. This research employs an empirical juridical method with a qualitative approach, using interviews with customary leaders, field observations, and document analysis of statutory regulations and customary legal sources. The findings reveal that the absence of written norms causes the implementation of Manak Salah to rely heavily on the discretion of customary authorities, leading to potential inconsistency and normative vulnerability. This study emphasizes the urgency of codifying the Manak Salah tradition into the Awig-awig as a form of customary law reform aimed at ensuring legal certainty, strengthening institutional accountability within customary villages, and harmonizing customary law with Bali Provincial Regulation No. 4 of 2019 and fundamental human rights principles.

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.

Arnoldus Yansen Seran; Nurianto Rachmad Soepadmo; Kadek Fredi Andrika Adantara

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

Mediation, as one of the alternative dispute resolution (ADR) mechanisms in civil cases, aims to provide efficient, timely, and non-confrontational solutions for disputing parties. Within the Indonesian legal system, mediation has been formally regulated through the Supreme Court Regulation (PERMA) No. 1 of 2016 concerning Mediation Procedures in Court. This study seeks to examine the implementation of civil dispute resolution through mediation from a legal perspective while also assessing its empirical effectiveness in district courts. The research employs an empirical juridical approach, with data collected through in-depth interviews with mediator judges, advocates, and disputing parties who have participated in the mediation process, supported by documentation studies of civil case decisions resolved through mediation. The findings reveal that, normatively, mediation has a sufficiently strong legal foundation as an alternative method of dispute resolution. However, its practical effectiveness remains constrained by several challenges, such as the limited understanding and legal awareness of disputing parties, time constraints faced by mediator judges, and the absence of an optimal supervisory mechanism for monitoring mediation practices. These factors contribute to the relatively low success rate of mediation in practice. Therefore, improvements are required in the implementation of regulations, the establishment of more effective monitoring systems, and the enhancement of human resource capacity, particularly mediator competence. Strengthening these aspects is expected to enable mediation to function more effectively as a fair, efficient, and accessible mechanism for resolving civil disputes in Indonesia.

Marini Marini; Marselino Saputra Mbusa; Anin Chitarisa Silitonga; Alienra Davry Nanda Kadun MT

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

Sanitation facilities are a fundamental element that contributes to creating a healthy, comfortable, and productive learning environment in higher education institutions. This study aims to describe the availability of sanitation facilities in the Office Administration Management Study Program, analyze the factors that influence their condition, and explore the perspectives of the academic community regarding their quality and usefulness. A qualitative descriptive approach was employed, with data collected through field observations, in-depth interviews, and documentation. The informants of this study consisted of students, lecturers, administrative staff, and facility managers. The findings reveal that sanitation facilities such as toilets, sinks, and trash bins remain inadequate in terms of quantity, physical condition, and distribution within the campus area. Several key challenges were identified, including limited financial resources, suboptimal management practices, low awareness and discipline among users, and the absence of clear and strict institutional policies related to sanitation standards. The academic community generally perceives that the available sanitation facilities do not meet the expected standards of comfort and hygiene, which may negatively affect the quality of learning experiences and academic activities. This study highlights the importance of strategic planning, adequate budget allocation, and supportive institutional policies in improving the quality of sanitation facilities. The implications of the study are expected to provide valuable input for higher education managers in formulating policies and planning facilities that are more responsive to the needs of the academic community, thereby supporting effective, professional, and sustainable educational governance.

Kartika Kartika; Eka Susilawati; Fithrotul Kalimah; Rizqi Fitrianti; Arfian Suryasuciramadhan

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

This study aims to analyze the role of communication in Customer Relationship Management (CRM) systems in creating customer satisfaction at PT Bangkit Jaya Teknik Indonesia, a business-to-business (B2B) cold storage installation service company. The research background lies in the increasing number of customer complaints during 2022–2024, mainly due to delayed responses, suboptimal after-sales service, and the absence of a centralized communication record system. This study employed a qualitative approach with a case study design. Data were collected through observation, semi-structured interviews with internal parties (marketing project, project manager, project PIC) and customers, as well as company archival documentation. The findings reveal that responsive, open, and two-way communication plays a significant role in enhancing customers’ sense of being valued, trust, and loyalty, which ultimately fosters satisfaction. However, communication barriers such as delays in after-sales service, gaps between customer expectations and company procedures, and the lack of a communication database remain major challenges. To overcome these, the company has initiated strategies including the development of a customer communication database, improved after-sales monitoring, and the adjustment of communication standard operating procedures to align with customer needs. These results reinforce the relevance of Relationship Management theory and the IDIC model, both of which emphasize communication as the core of CRM. Theoretically, this study contributes to organizational communication studies, while practically, it provides recommendations for B2B service companies to prioritize communication in CRM strategies to strengthen customer satisfaction and loyalty.

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.

Hilya Auliya; Dini Yuliani; Regi Refian Garis

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

This research is motivated by the importance of synergy between the village government and the community in supporting local potential-based development. Kampung Nusantara, as one of the innovative programs in Cintakarya Village, Parigi District, Pangandaran Regency, requires solid cooperation between both parties for effective and sustainable village development. However, in its implementation, collaboration between the village government and the community still faces various challenges that hinder the optimization of Kampung Nusantara development. The problem raised in this research is the suboptimal collaboration between the village government and the community in Kampung Nusantara development. This study aims to explore and analyze the factors that influence this collaboration, as well as to provide recommendations for improving the effectiveness of this collaboration. The research method used is a descriptive qualitative approach with a case study approach. Data collection was conducted through in-depth interviews, direct observation, and analysis of related documents. The findings of this study reveal that collaboration between the village government and the community in Cintakarya Village is still not running systematically and structured. Obstacles faced include a lack of coordination between the government and the community, the absence of regulations that clearly regulate the roles of each party, and limited human resource capacity in implementing the program. Nevertheless, there have been positive efforts, including the establishment of joint communication forums, capacity-building training, and support from external programs implemented by supporting institutions. This study recommends increasing the intensity of communication between village governments and communities, clarifying the roles and responsibilities of each party, and strengthening village institutions to achieve more effective collaboration. Furthermore, improving human resource capacity and establishing clear regulations are crucial to supporting the sustainability of the Kampung Nusantara program in the future.

Hilya Auliya; Dini Yuliani; Regi Refian Garis

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

This study focuses on the importance of synergy between village government and communities in supporting local potential-based development. Kampung Nusantara, an innovative program in Cintakarya Village, Parigi District, Pangandaran Regency, requires solid cooperation between the village government and the community for effective and sustainable village development. However, in practice, collaboration between the two parties has not been optimal. The main problem identified in this study is the lack of coordination between the village government and the community. This is due to the absence of regulations that clearly define the roles of each party and the limited capacity of existing human resources. As a result, the existing collaboration has not been systematic and has not fully supported the achievement of Kampung Nusantara's development goals. The method used in this study is a qualitative descriptive approach with a case study approach in Cintakarya Village. The findings of this study indicate that despite several obstacles, there are still positive efforts to improve collaboration between the village government and the community. Some of these efforts include the establishment of a joint communication forum, capacity building training, and program support from external partner institutions that play a role in supporting village development. This study recommends several steps to improve this collaboration, including increasing communication between the village government and the community, clarifying the roles and responsibilities of each party, and strengthening village institutions. This is expected to foster more effective collaboration, which in turn will support the achievement of sustainable development goals in Kampung Nusantara, Cintakarya Village. Furthermore, this study emphasizes the importance of strengthening human resource capacity at both the village government and community levels.

Ahmad Affandi; Rina Susanti

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

This study examines the practice of reciprocity within the persatuan barang (goods-sharing) group during the implementation of the rewang tradition in Desa Banglas, Kecamatan Tebing Tinggi, Kabupaten Kepulauan Meranti. The main focus of the research is to identify the various forms of exchange that occur, whether in the form of money, goods, or labor. A narrative qualitative approach was used, with data collected through in-depth interviews, non-participant observation, archival review, and documentation of bookkeeping records. The subjects of this research are members of the persatuan barang group who actively participate in social and cultural events in the village. The findings reveal three types of reciprocity: generalized, balanced, and negative. Generalized reciprocity is evident in voluntary contributions without expecting immediate return, often practiced among close kin or neighbors. Balanced reciprocity is demonstrated through exchanges of equal value with a certain expectation of timely return, particularly during communal events like weddings or funerals. Negative reciprocity, although rare, involves unequal exchanges that may lead to social tensions or perceptions of unfairness. These findings indicate that the persatuan barang group functions not only as an informal economic mechanism but also as a cultural institution that fosters mutual assistance, reinforces social cohesion, and preserves traditional values. The exchange systems operate within an implicit moral economy that prioritizes collective welfare over individual gain. Additionally, the tradition of rewang and the organizational role of persatuan barang highlight the resilience and adaptability of indigenous practices in supporting rural livelihoods amid changing socioeconomic conditions. The study suggests that such local systems of reciprocity play a vital role in sustaining social capital, strengthening community identity, and ensuring social security in the absence of formal welfare structures. Further research is recommended to explore the long-term impact of these practices on community resilience and rural development.  

I Putu Gede Nesa Saputra Yasa

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

The development of the digital economy has led to a significant increase in the number of freelance workers in Indonesia. Despite their growing contribution to the economy, their legal status within the national employment system remains normatively ambiguous. This research aims to analyze the normative ambiguity of the status of freelance workers in Indonesian legislation and its juridical implications for their legal protection. The research method used is normative juridical with a statute approach and a conceptual approach. The results indicate that Law No. 13 of 2003 concerning Manpower in conjunction with Law No. 6 of 2023 does not explicitly define or regulate the category of freelance workers. Consequently, their legal relationship is often positioned in a grey area between a "work relationship" of a subordinative nature and a "partnership relationship" of a coordinative nature based on the Indonesian Civil Code. The implications of this ambiguity are significant, encompassing the absence of normative rights such as minimum wage, social security, severance pay, and uncertainty in dispute resolution mechanisms. This study concludes that normative ambiguity creates legal vulnerability for freelancers and recommends regulatory reform to provide legal certainty and adaptive protection for non-standard work models.

Nikmah Dalimunthe; Tasya Fadilah

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

Domestic helpers (DWs) play a vital role in sustaining household life in urban areas, yet their legal position in the Indonesian labour system remains marginal and vulnerable, without adequate legal protection. This research aims to analyse juridically normatively the legal position of domestic workers within the framework of national labour law and identify regulatory gaps and structural barriers that hinder the protection of their basic rights. Using a literature study method and a normative juridical approach, this research examines legislation, legal doctrine, and recent scientific literature. The analysis shows that Law No. 13 Year 2003 does not recognise domestic workers as formal workers, and Permenaker No. 2 Year 2015 is non-binding, creating a legal vacuum that results in vulnerability to exploitation, discrimination, and human rights violations. The absence of special regulations such as the PPRT Bill and the non-ratification of ILO Convention No. 189 exacerbate structural injustice against domestic workers. This research concludes that the legal protection of domestic workers is very weak normatively and practically, so regulative reform is needed through the enactment of special laws and harmonisation of national laws with international human rights standards in order to create a fair, inclusive and social justice-based employment system.

Nikmah Dalimunthe; Rahmah Aliyah

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

This research aims to examine the gap in legal protection for domestic workers in Indonesia through an analysis of Law No. 13 of 2003 on Manpower and ILO Convention No. 189 on Decent Work for Domestic Workers. Until now, domestic workers have not been explicitly recognized in national regulations, so their basic rights such as living wages, social security, and humane working hours are often neglected. This condition is exacerbated by the absence of written work contracts, the dominance of informal recruitment, and the view of the community that does not consider domestic workers as formal workers. This article concludes that the ratification of ILO Convention 189 and the passing of the Domestic Workers Protection Bill are strategic steps to strengthen legal protection for domestic workers in Indonesia, which also needs to be supported by labor inspection and comprehensive legal education.

Aina Mulia Rizky; Parlaungan Gabriel Siahaan; na Diva Ivan De La Pena Ginting; Desi Marlina Sidabutar; Nazwa Clarissa +1 more

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

This study discusses the legal consequences of the absence of a marriage agreement on marital property according to the Indonesian legal system, especially based on the Civil Code and the Marriage Law No. 1 of 1974. By default, the absence of a marriage agreement leads to the enactment of a system of property union, in which all property acquired during the marriage is considered joint property. This condition has various legal implications, such as the vulnerability of personal property to third-party claims, difficulties in proving ownership of inherited property, and potential conflicts in the division of property in the event of divorce or death of one of the spouses. This study also highlights the difference in the regulation in Islamic law that does not recognize the automatic union of property, but still has the potential to cause disputes if there is no written agreement. The research method used is empirical normative with a qualitative approach, examining positive legal provisions and practices that develop in society. The results of the study show that low public understanding and negative stigma towards marriage agreements are the main factors in the low making of these agreements. The Constitutional Court Decision No. 69/PUU-XIII/2015 which allows the making of agreements during the marriage period expands legal protection, but its implementation still faces challenges. This study recommends the need to increase legal education and socialization on the importance of marriage agreements to provide certainty and fair legal protection for the parties in the institution of marriage.    

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.