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Cipto Hardoyo; Cecep Suhardiman

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

Discretion exercised by election management bodies constitutes an administrative instrument that is functionally necessary to prevent stagnation in electoral processes under conditions of legal vacuum, normative ambiguity, or extraordinary circumstances. However, in practice, discretionary decisions often generate public concern and expose election officials to the risk of criminalization, particularly when such discretion is assessed through a formalistic and result oriented criminal law paradigm. This study aims to analyze the construction of criminal liability of election administrators for the use of discretion in conditions of electoral stagnation, by examining the paradigm shift from the old Indonesian Criminal Code to the new Criminal Code and its implications for criminal law enforcement under the Criminal Procedure Code. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings reveal that the old Criminal Code tended to facilitate policy criminalization by emphasizing formal violations and objective consequences, whereas the new Criminal Code introduces a substantive approach centered on subjective fault, official purpose, and rationality of action. Nevertheless, the lack of synchronization with the Criminal Procedure Code which remains focused on conventional evidentiary standards causes discretionary actions of election administrators to remain legally ambiguous. Therefore, harmonization between substantive criminal law and criminal procedure law, along with a transformation in law enforcement reasoning, is essential to ensure that discretion exercised by election officials is assessed proportionally, contextually, and in line with democratic principles.

Raysah Afdila Fachriah; Nuzul Rahmayani

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

An agreement is a fundamental basis in civil law relations because it gives rise to rights and obligations for the parties who bind themselves. For an agreement to be valid, consent must arise from the free will of the parties without any defect of will as regulated in Articles 1320 and 1321 of the Indonesian Civil Code (KUHPerdata). In Indonesian legal practice, apart from classic defects of will such as coercion (dwang), mistake (dwaling), and fraud (bedrog), a modern form of defect of will has also developed, namely abuse of circumstances (misbruik van omstandigheden). Abuse of circumstances occurs when one party exploits the weak condition, dependency, or ignorance of the other party to obtain unfair advantage in an agreement. This research formulates the problems of how the concept of defect of will in abuse of circumstances is applied in the jurisprudence of Indonesian contract law and what are the legal consequences of abuse of circumstances in an agreement. The method used is normative legal research with a statutory approach and conceptual approach, as well as related legal literature. The conclusion of this research shows that abuse of circumstances is a modern form of defect of will recognized through doctrine and jurisprudence. The legal consequence is that the agreement can be annulled because the element of free consent is not fulfilled. This legal consequence provides protection for the aggrieved party and confirms that the principle of freedom of contract is not absolute, but is limited by good faith, propriety, and balance.

Sudjai Sudjai; Didit Darmawan; Muhammad Zufar Afifudin; Gusti Ananda Syalum Saputra; Triyono Meidi Rahman +1 more

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

The concept of force majeure is essential in business agreements in Indonesia, as it regulates the release of contractual obligations that cannot be fulfilled due to events beyond their control such as natural disasters, pandemics, conflicts, or government policies. This study examines force majeure clauses in business agreements in Indonesia from a normative juridical perspective, focusing on the legal framework, its application practices, and its legal implications for contractual certainty. Using normative juridical qualitative methods, data were analyzed from the Civil Code (KUHPerdata) Articles 1244–1245 and 1444–1445, legal doctrine, and literature. The results of the study underlined that the force majeure clause has a strong legal basis in the Civil Code, which exempts the affected party from the obligation of compensation if the failure to perform the obligation is caused by events beyond his control. The application of this clause in the contract allows for the revision, postponement, or termination of a temporary contract, thereby guaranteeing legal certainty and protecting the principles of good faith and contractual fairness. In addition, the formulation of detailed clauses in the contract is crucial to prevent potential legal disputes down the road and ensure fair protection for all parties involved in the business agreement.

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

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

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

Nanik Indah Setyani; Anwar Budiman; Saefullah Saefullah

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

This study examines the legal liability of a Limited Liability Company (LLC) before and after bankruptcy, with a focus on the roles of the board of directors, board of commissioners, and the curator appointed by the Commercial Court. Prior to bankruptcy, the liability for the company's obligations rests primarily with the board of directors and the board of commissioners, especially when debts arising from binding agreements remain unpaid. In situations where the company is unable to fulfill its payment obligations, and such inability is confirmed by a final court ruling, responsibility for managing and settling the company’s debts and assets is transferred to a court-appointed curator. The research analyzes the legal framework governing the curator’s authority, which operates under the supervision of a supervisory judge from the Commercial Court. The curator acts as the sole party responsible for handling the bankrupt entity’s obligations to creditors, ensuring compliance with applicable bankruptcy laws. This study uses a normative juridical approach, relying on legislation, case law, and legal doctrine to examine the extent of responsibility at each stage of the bankruptcy process. Special attention is given to the legal considerations of the Central Jakarta Commercial Court in Decisions Number 34/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst and Number 38/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst. Both rulings are found to be appropriate, as they meet the legal requirements for declaring an LLC bankrupt based on verified facts and circumstances. The findings underscore the importance of distinguishing between pre-bankruptcy liabilities—borne by company management—and post-bankruptcy responsibilities, which are entirely managed by the appointed curator. This clear allocation of responsibility ensures creditor protection, maintains judicial oversight, and upholds the principles of fairness and legal certainty in bankruptcy proceedings

Dielasy Budiarti; Dede Mahdiyah

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

The COVID-19 pandemic has accelerated the vaccination program in Indonesia as an effort to mitigate the health crisis. However, this emergency has also opened up opportunities for the widespread circulation of illegal and counterfeit vaccines, threatening public safety. This article aims to analyze the legal implications of this phenomenon through a normative-empirical approach using case studies. Three main cases are analyzed: the 2016 national counterfeit vaccine case, the 2021 illegal COVID-19 vaccine sales case in North Sumatra, and the falsification of COVID-19 vaccine certificates that occurred between 2021 and 2022. The analysis focuses on identifying legal loopholes, weaknesses in the oversight system, and their consequences for human rights protection and the integrity of public health programs. The results show fragmented oversight of vaccine distribution, weak transparency in the vaccine supply chain, and legal sanctions that have not provided a significant deterrent effect on perpetrators of health crimes. These conditions not only threaten individual safety but also undermine public trust in the national vaccination program. Inconsistent law enforcement and weak inter-agency coordination have exacerbated the situation. Therefore, efforts are needed to strengthen stricter regulations, increase synergy between supervisory and law enforcement agencies, and secure an integrated and transparent health information system. These measures are expected to ensure the security of vaccine distribution and enhance the accountability of the vaccination program in Indonesia, thus optimally protecting the public's right to health.

Putri Aji Hapsari; Ashinta Sekar Bidari

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

People's Business Credit (KUR) is a financing program distributed by the government through banking institutions, including Bank Rakyat Indonesia (BRI), to support Micro, Small, and Medium Enterprises (MSMEs) and cooperatives. In its implementation, KUR credit is not free from various problems, one of which is non-performing loans. This study aims to determine the factors causing non-performing loans and efforts to resolve them in KUR loans at Bank BRI Karanganyar Branch, Tasikmadu Unit. The method used in this study is qualitative research, with data sources derived from primary, secondary, and tertiary legal materials. Data collection techniques were conducted through direct interviews with relevant parties. The results show that the main causes of non-performing loans are divided into two major factors. First, external factors, namely those originating from the customer. This problem is generally related to the customer's inability to pay installments due to business failure. Second, internal factors, such as the failure of creditworthiness analysis by bank officers, resulting in prospective debtors who are actually unworthy actually receiving loans. In resolving non-performing loans, BRI Bank's Karanganyar Branch, Tasikmadu Unit, applies five main methods: (1) changing the loan interest rate, (2) reducing fines or penalties, (3) reducing the outstanding principal, (4) extending the loan term, and (5) selling collateral. Additionally, there are also settlement methods that involve a combination of these five methods, depending on the debtor's circumstances and the agreement between the two parties.

M Hasan Zinul Abidin; Imam Syafi’i R; Abd. Hannan

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

Marriage in Islam is a sacred institution aimed at forming a family that embodies sakinah, mawaddah, and rahmah, while also serving as a legitimate and responsible means to fulfill biological needs. In the socio-religious context, religious figures such as kyai play a significant role, particularly in guiding the community to maintain household harmony. This study explores the role of kyai in promoting household harmony among Islamic boarding school alumni in Gading District, an area where the spiritual bond between kyai and santri remains strong. These alumni often face various challenges in their domestic lives, including differences in perspectives with their spouses and shifts in social values in the modern era. In such circumstances, kyai serve as spiritual advisors, counselors, and mediators who offer solutions based on Islamic values and local wisdom. This research aims to identify the types of guidance provided by kyai, as well as the supporting factors and obstacles they encounter in fulfilling their roles. The findings are expected to enrich scholarly discourse in the field of socio-religious studies and offer practical insights for religious leaders to strengthen their roles as agents of family harmony amid the complexities of modernization.

Desinta Desinta; Parlaungan Gabriel Siahaan; Brent Hizkia Padang; Dinda Amalia Nasution; Rachel Meilisa Pakpahan +1 more

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

The concept of ‘abandoned land’ in the Basic Agrarian Law (UUPA) No. 5 of 1960 faces interpretation challenges that impact the effectiveness of the management of unproductive Cultivation Rights (HGU). This research aims to analyse the reconstruction of the concept of abandoned land in UUPA and its implications for the management of unproductive HGU to support the optimisation of agricultural land use. This research is conducted through normative juridical with qualitative descriptive analysis of laws and regulations, court decisions, and related literature. The research findings show that the concept of abandoned land in the UUPA is still multi-interpretive, especially regarding the criteria of ‘not being cultivated according to the circumstances or nature and purpose of the right’. This has led to inconsistencies in the application of sanctions against HGU holders who leave their land unproductive. Concept reconstruction is needed by clarifying the objective parameters of productivity, the period of neglect, and law enforcement mechanisms. The implications of this research indicate the need for regulatory revisions to strengthen legal certainty in HGU management, as well as the development of more effective policy instruments to prevent abandonment of agricultural land to support national food security and social justice in agrarian reform.

Muhammad Idul Launuur

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

The aim of this research is to explain the meaning and symbols of goats in the Lawa  Pipi (goat running) tradition in the Hili Country Community, Leihitu District, Central Maluku. This research uses an approach based on a descriptive approach which focuses on real problems that existed at the time the research was conducted. Through descriptive research, the author tries to describe the events of the Lawa Pipi (Goat Running) Eid al-Adha tradition in the people of Hila State, Central Maluku which is the center of attention without giving special treatment. Based on research carried out by data obtained by informants, the Lawa Pipi paga tradition of Eid al-Adha in Negeri Hila, Leihitu District, Central Maluku is a tradition that has been passed down by ancestors. The religiosity belief of the Lawa Pipi (Goat Running) Tradition is carrying a goat by circling the Hasan Soleman Mosque seven times, the people of Hila State interpret it as carrying out the Hajj pilgrimage around the Black Stone seven times, This is because the Lawa Pipi (Goat Running) tradition involves the Tawaf process where people experience the Tawaf journey directly even though they do not go to the city of Mecca. According to the community, the Lawa Pipi (Goat Running) tradition is carried out as an effort to get closer to Allah SWT and is believed to bring good fortune, long life and the desire to go to the Holy Land can be achieved.

Sulis Nurlaila; Nicolo de’Albergati; Muhammad Rifki Nurrasman; Hana Faridah

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

The phenomenon of victim blaming remains a serious issue in various cases of violence, including family conflicts. Children who experience physical, psychological, or neglect-related abuse often face not only violence but also social stigma that blames them for their circumstances. From a victimology perspective, victim blaming against children in family conflicts occurs due to factors such as patriarchal culture, power imbalances within the family, and a lack of legal awareness regarding children's rights. This study employs a normative juridical method with a qualitative approach to examine the phenomenon of victim blaming against children in family conflicts based on victimology theory. The findings reveal that victim blaming in family conflicts manifests in various forms, including justification of violence against children, minimization of the harm caused, and denial of the perpetrator's role. The psychological and social impacts of this phenomenon are extensive, leading to anxiety, depression, post-traumatic stress disorder (PTSD), and difficulties in forming healthy social relationships. To address this issue, active involvement from families, educational institutions, and child protection organizations is crucial in providing education and advocacy for children's rights. Additionally, victimology perspectives can be utilized to develop policies that support victims, prevent the recurrence of family violence, and minimize the practice of victim blaming against children.

Anna Christina Ikasari; Asti Sri Mulyanti; Yoana Nurul Asri

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

Social media is not merely a space for entertainment. It has become part of students’ daily lives. Through these platforms, various values, ideologies, and discourses on nationalism circulate constantly. This study aims to examine how far social media contributes to the internalization of Pancasila values and the formation of nationalist character among university students. This research used a descriptive quantitative survey method. A total of 50 students from various majors served as respondents. They completed a questionnaire distributed via Google Form. The results show that 90% of students actively use social media. About 72% claim to have a nationalist attitude, and 76% show social concern. However, only 42% apply Pancasila values in their daily lives. Participation in community activities and national discussions is relatively low. Furthermore, 64% of respondents expressed disappointment toward state institutions. This disappointment is influenced by exposure to issues such as corruption allegations and controversial national policies. From these findings, it is clear that social media can serve as an educational platform, but it may also become an entry point for a crisis of trust. The internalization of Pancasila values has not yet been fully effective. There is a gap between understanding and actual behavior.

Sri Murni; Sri Purwaningsih

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2022 Pusat Riset dan Inovasi Nasional

Marriage at the age of children has a negative impact on children's growth and development and causes non-fulfillment of children's basic rights. The purpose of this study is to analyze how the application of the age limit for marriage as an effort to protect children. Research method, using normative juridical research type, the type of data used is secondary data and supported by primary data, analysis method using qualitative discrete. The results of the study, Government policy in setting the minimum marriage limit for women from 16 years to 19 (nineteen) years.as stated in Law No. 16 of 2019 has gone through a process and various considerations. This is so that both parties are ready and mature from the physical, psychic and mental sides. Under certain circumstances, the Court may grant marriage dispensation in accordance with applicable laws and regulations, namely Supreme Court Regulation No. 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation. Marriage dispensation for minors, is a study of the age limit for a person to marry, or the ideal age to enter the world of marriage. The age of marriage will affect many things on oneself and on the household to be built. The role of the courts through marriage dispensation is significant in providing protection to children. The court has the authority to allow or deny permission for a child to marry or not to marry.