Publication Search

Criminal acts of assault against children constitute a serious violation of human rights that requires optimal legal protection by the state. As legal subjects, children are entitled to security, protection from violence, and guarantees for proper growth and development, as mandated by Pancasila, the 1945 Constitution of the Republic of Indonesia, and relevant child protection legislation. This study aims to conduct a juridical analysis of the legal considerations applied by judges in Decision Number 83/Pid.Sus/2020/PN.Kot concerning the criminal offense of assault committed against a child, as well as to assess their conformity with criminal law principles, child protection law, and the objectives of sentencing. This research employs a normative legal research method using statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials. The findings reveal that although the legal basis applied refers to Law Number 35 of 2014 on Child Protection, the judicial considerations have not been comprehensively formulated, as they insufficiently incorporate sociological, criminological, and child-centered protection perspectives. Consequently, the sentence imposed is relatively lenient and fails to fully reflect the objectives of punishment, particularly deterrence and sustainable protection for child victims. Therefore, strengthening the quality of judicial reasoning and ensuring the optimal application of relevant legal provisions are essential to achieve legal certainty, justice, and effective protection for children as victims of violent crimes.

The abuse of authority by public officials within Indonesia’s governmental administration has become an increasingly urgent issue to address. Such misconduct undermines the fundamental principles of good governance  including transparency, accountability, and justice which are essential for ensuring efficient and effective government operations. This study aims to conduct an in-depth analysis of the forms of abuse of authority by public officials, the factors influencing such behavior, and its impact on the effectiveness of governance and public trust. The research employs a normative approach with a prescriptive legal method, analyzing legislation related to the abuse of authority as well as a case-based approach to explore the implementation of authority by public officials in governmental practice.The findings indicate that abuse of authority may occur in various forms, such as exceeding the limits of granted power, conflating different authorities, or acting arbitrarily for personal or group interests  all of which contradict the principle of legality governing governmental actions. Moreover, such practices negatively affect the quality of public services and tarnish the image of governmental institutions. The study also finds that although Law No. 30 of 2014 on Government Administration provides a clear legal framework, its implementation remains hindered by weak internal and external oversight systems. Therefore, this research recommends strengthening more effective supervision mechanisms, enhancing transparency in administrative decision-making processes, and involving the public in monitoring efforts to ensure that public officials exercise their authority in accordance with established objectives in pursuit of a clean and just government.

The death of a Madrasah Tsanawiyah (MTs) student allegedly linked to police action raises significant legal issues concerning the limits of the use of force and the construction of criminal liability. This study aims to reformulate the elements of assault resulting in death by integrating the objective element (actus reus) and the subjective element (mens rea) within the framework of the doctrines of dolus and culpa. It also seeks to develop a model of criminal liability analysis that is more transparent, accountable, and oriented toward the protection of a child’s right to life. This research employs a normative juridical method using statutory, conceptual, and case approaches, supported by a literature review of legislation, court decisions, and criminal law scholarship. Data are analyzed qualitatively through grammatical, systematic, and teleological interpretation. The findings indicate that proving the act and the resulting death alone is insufficient without clearly establishing the form of fault. The distinction between dolus eventualis and culpa lata constitutes a decisive factor in determining the classification of the offense and the degree of criminal liability. Ambiguity in identifying the spectrum of fault may lead to sentencing disparities and weaken the principle of geen straf zonder schuld (no punishment without fault). Therefore, this study proposes a reconstruction of the elements of the offense that places proof of mens rea at the center of assessing police accountability while ensuring the protection of the child’s right to life.

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.

The phenomenon of recidivism in narcotics crimes indicates that the rehabilitation and punishment approaches applied have not been fully able to prevent recurrence of crimes. This study aims to analyze the effectiveness of law enforcement against recidivists in narcotics crimes in two court decisions, namely Decision Number 154/Pid.Sus/2018/PN Yyk and Decision Number 51/Pid.Sus/2020/PN Tte. Case studies are used to assess the effectiveness of law enforcement, especially against perpetrators who have previously undergone rehabilitation but have re-committed crimes with more complex roles. This study uses a normative legal method with a statutory approach and a case approach, which are analyzed qualitatively based on law enforcement theory and the objectives of punishment. The results show that normatively there are regulations on rehabilitation and increased sentences for recidivists, but their effectiveness is not optimal, partly due to the lack of post-rehabilitation regulations that are expressly regulated in the law and the lack of integrated data systems between rehabilitation institutions and the courts. This condition causes rehabilitation to not fully function as a preventive instrument against recurrence of crimes. This study recommends strengthening post-rehabilitation regulations and integrating information systems between agencies as part of a more preventive and sustainable criminal law policy reform.

This study examines the juridical aspects of guardianship applications by parents to obtain permission to sell a minor’s inherited land and analyzes the judicial considerations in Decision Number 199/Pdt.P/2025/PN Blt. The research employs an empirical juridical method with a sociological legal approach. Primary data were collected through interviews and case documents at the Blitar District Court, while secondary data consist of statutes, doctrine, and related literature. Qualitative-descriptive analysis was applied to interpret the findings. The study reveals that the guardianship application process involves both administrative and judicial stages. Judges scrutinize material evidence and the probity of sale objectives, weighing important principles such as utility, legal certainty, fairness, and justice. Guardians are granted limited authority to sell a minor’s property only if it can be proven to be in the child's best interest and legal protections are assured. Recommendations include strengthening post-decision monitoring, enhancing legal outreach, improving procedural transparency, and ensuring comprehensive implementation.

Efforts to protect children in conflict with the law constitute a concrete manifestation of the state’s responsibility in implementing the principles of restorative justice. This study aims to comprehensively examine the implementation process of diversion at the Pengadilan Negeri Bukittinggi and to assess the extent to which its application achieves the primary objective of the juvenile criminal justice system, namely restoring the child’s social condition without emphasizing retribution. This research employs an empirical juridical approach by combining literature review and field research through interviews with judges, court clerks, and other relevant parties. The findings indicate that the implementation of diversion at the Pengadilan Negeri Bukittinggi has been carried out in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The diversion process is conducted through deliberation involving the offender, the victim, their respective families, and supporting institutions under the guidance of a diversion facilitator. However, several challenges remain, including limited public understanding of the importance of restorative-based settlement, insufficient human resources with adequate competence in implementing diversion, and frequent failures in reaching agreements between offenders and victims. This study concludes that diversion in court proceedings is not merely a legal obligation but also an essential instrument in creating a more humane child-oriented justice system. Therefore, enhancing the competence of law enforcement officers and strengthening inter-agency coordination are necessary to support the sustainable success of diversion.

This study analyzes the construction of criminal liability in the crime of handling stolen goods, focusing on situations where the perpetrator purchases or receives goods without knowing they are the result of a crime, especially when the economic value is relatively small, i.e., below Rp5,000,000. This normative study uses a legislative approach by examining Article 591 of Law Number 1 of 2023 on the Criminal Code (KUHP), as well as a conceptual approach to the theory of fault (schuld) and the principle of proportionality. The study's findings show that in transactions involving low-value goods, proving the subjective element of "knowing or should have known" becomes highly problematic because the element of intent (dolus) is often not met without objective suspicious indications. The concept of price fairness plays a key role as the primary indicator of normal transactions and weakens the assumption that the perpetrator should suspect the illegal origin of the goods. This study recommends that law enforcement consider using non-criminal mechanisms, such as restitution or mediation, to achieve substantive justice and avoid excessive criminalization.

The phenomenon of the “Sandwich Generation” (SG) in Indonesia, where individuals of productive age (30-40 years old) bear a double financial burden—supporting the needs of their children and immediate family (furu') while also supporting their elderly parents (ushul)—has become a widespread social and financial challenge. This pressure, exacerbated by inadequate income and low financial literacy, forces 94% of SG respondents to set aside their personal interests. This dilemma calls for a clear Sharia analysis of the priority scale of financial support. This article aims to analyze the SG maintenance dilemma through the Qawa'id Fiqhiyyah (Fiqh Principles) framework to establish a hierarchy of financial obligations. The two main principles used are Al-Farḍu afḍalu mina an-Nafli (Absolute Obligation takes precedence over Sunnah) and Al-Wājib lā yutrak illā liwājibin (An Obligation cannot be abandoned except for another Obligation). Fiqh analysis shows that the resolution of priority conflicts is based on the classification of the legal status of the recipient of alms, distinguishing between absolute obligations (Adami rights, contractual) and conditional obligations (wajib zhanni, Allah's rights). Key findings establish Sharia priorities in conditions of limitation: Self, Wife and Children (Absolute Obligations), Parents (Conditional Obligations), Siblings/Relatives (Sunnah/Nafl). This priority is established to protect the nuclear family unit as the foundation of society, in line with Maqāṣid ash-Sharīʿah (Sharia Objectives).

State institutions play a primary role in governing and exercising power within a country. Indonesia, as a unitary state with a republican system, regulates the state's institutional structure through the 1945 Constitution, which serves as the supreme legal basis and guideline for state administration. The function of state institutions is to ensure that all aspects of government are implemented in accordance with the principles of law, justice, and public welfare. The state is not only considered a legal entity but also a social entity with specific functions and logic. The state's objectives are directed at balancing government power and citizen rights and accommodating the interests of individuals and the wider community. Following the amendments to the 1945 Constitution, Indonesia's institutional system underwent significant changes with the establishment of independent institutions that strengthen democracy, transparency, and accountability. Understanding the state's foundations, the requirements for formation, the form and system of government, and the relationships between institutions is crucial for maintaining Indonesia's constitutional order. Furthermore, public respect for state symbols and institutions contributes to strengthening unity and political stability, and realizing the ideals of a sovereign and prosperous nation.

This study examines the increasing incidence of land disputes in Indonesia, particularly those arising from unlawful acts in the form of unauthorized land occupation, which generate legal uncertainty and result in both material and immaterial losses for rightful landowners. The growing number of such cases highlights the urgent need for fair and firm legal protection, especially when land occupation has occurred over a long period and complicates the recovery of ownership rights. This research specifically analyzes Decision Number 267/Pdt.G/2020/PN Kpg, a case involving the occupation of part of the plaintiff’s certified land by the defendant. The general objective of the study is to gain a comprehensive understanding of the legal mechanisms for restoring land rights affected by unlawful land occupation, while the specific objectives are to identify the form of the unlawful act committed and to analyze the legal process used to recover the disputed land rights. The research employs a normative legal method based on the analysis of secondary data, including legislation, legal doctrines, and court decisions. The approaches applied consist of statutory, conceptual, and case approaches, using juridical-descriptive analysis techniques. The findings are expected to identify unauthorized land occupation through boundary expansion as a form of unlawful act and to explain the recovery mechanism through civil litigation and the validation of land boundary re-measurement reports. This study is expected to contribute theoretically to agrarian and civil law development and practically to improving land dispute resolution procedures and public legal awareness.

This study analyzes the urgency of digital expert testimony in strengthening the validity of electronic evidence in civil procedure law amid rapid technological transformation. The increasing use of digital communications, electronic transactions, and online documentation has given rise to new evidence in civil disputes, while its intangible and easily manipulated nature raises doubts about its authenticity and reliability. This study will focus on Decision Number 439 B/Pdt.Sus-Arbt/2016. The study relies on primary legal sources, legislation, court decisions, and secondary legal literature analyzed qualitatively. The findings show that electronic evidence is legally admissible when it meets the requirements of accessibility, integrity, authenticity, and accountability, but its probative value is highly dependent on technical validation. In the case analyzed, the petitioner's challenge to print the chat evidence was rejected because the allegations of manipulation were unsubstantiated and no expert testimony was presented to support the claim. This shows that expert testimony plays a decisive role in explaining technical aspects beyond the knowledge of the court and in strengthening the court's conviction. This study concludes that digital experts serve as a bridge between technological complexity and legal assessment, ensuring that digital evidence is evaluated objectively. The implication for courts and related parties is must prioritize the involvement of experts to promote legal certainty, factual truth, and fair dispute resolution.

This journal examines the criminal act of corruption related to village treasury land (tanah kas desa) in Yogyakarta, with a specific focus on the District Court Decision No. 8/Pid.Sus-TPK/2023/PN Yyk. The objectives are to identify the underlying reasons behind corruption practices, analyze the application of substantive criminal law, and assess the state losses as well as possible preventive measures for future land management. The study employs a qualitative research method through interviews, documentation, and literature review, involving key informants from the judiciary, prosecution office, police sector, and village administration. The findings reveal that corruption in village treasury land is driven by internal factors such as personal motives, economic background, moral integrity, legal awareness, and authority, as well as external factors including non-transparent bureaucracy, ingrained corruption culture, weak supervision, ineffective legal systems, and socio-economic pressures. The application of substantive criminal law is reflected in the assessment of elements of corruption, judicial considerations, and the interplay between legal norms, social impacts, and local wisdom. Furthermore, the study highlights significant economic and social losses, and recommends strategies for prevention, governance improvement, and strengthening accountability to minimize corruption risks in village land management.

This research is motivated by the importance of business licensing in the trade of goods and services sector as an instrument of legality, supervision, and legal protection; however, its implementation still faces gaps between normative regulations and practices in the field. The purpose of this study is to analyze the level of business actors’ compliance with licensing obligations, identify obstacles in the implementation of risk-based licensing policies, and evaluate their impact on compliance. The method used is library research with a normative juridical approach, through an examination of primary legal materials in the form of laws and related regulations, as well as secondary and tertiary legal materials from scientific literature. The results show that the effectiveness of risk-based licensing policies has not been optimally achieved due to low legal literacy, limited digital understanding, and the perception that licenses are merely a formality, causing many business actors to neglect administrative obligations. This condition illustrates the existence of a gap between regulatory objectives and implementation practices. These findings emphasize the need for procedural simplification, intensified socialization, and strengthened technical assistance so that licensing policies become more responsive to the needs of business actors, while simultaneously encouraging compliance and enhancing national economic competitiveness.

The rapid development of Islamic banking in Indonesia faces significant challenges in maintaining liquidity and profitability amidst dynamic capital market conditions. The urgency of this study arises from the need to examine whether traditional financial ratios, such as the Financing to Deposit Ratio (FDR) and Return on Equity (ROE), play a decisive role in influencing investment decisions, which are proxied by the Price to Earning Ratio (PER). The main objective of this research is to empirically test the effect of liquidity and profitability, both partially and simultaneously, on investment decisions in Islamic commercial banks listed on the Indonesia Stock Exchange during the 2021–2025 period. This study adopts an associative design with a quantitative approach, utilizing secondary data from financial reports obtained from the IDX, and analyzed using multiple linear regression on 68 observation samples. The findings reveal that neither liquidity nor profitability significantly influence investment decisions, either partially or simultaneously. These results suggest that investors in the Islamic banking sector tend to prioritize non-financial factors such as sharia compliance, governance, macroeconomic conditions, and ESG trends, rather than conventional financial indicators. In conclusion, this research extends the understanding of the limitations of Signaling Theory in the sharia context and recommends the development of a more holistic investment evaluation model. Future studies are encouraged to incorporate non-financial variables for a more comprehensive analysis.

Patriarchy in the modern era still persists despite continuous efforts to achieve gender equality across various aspects of life, including education, the workplace, and social interactions. Its presence is often reinforced through mass media, particularly in television series. The drama series “Bid’ah” vividly portrays the impact of patriarchy on women’s lives, both in domestic settings and in the public sphere. This study aims to examine the extent to which exposure to the series “Bid’ah” influences viewers’ perceptions of patriarchy. This research employed a quantitative approach involving 100 undergraduate students from the Communication Science program at Universitas Bina Bangsa. The sampling technique used was purposive sampling, where participants were selected based on specific criteria relevant to the research objectives. Data were collected through an online questionnaire using a four-point Likert scale to measure the respondents’ perceptions. The data were then analyzed using simple linear regression with the help of SPSS software. The findings indicate a significant influence between exposure to the series and viewers’ perceptions of patriarchy. This is evidenced by a correlation coefficient of 0.405 (p-value 0.000) and a coefficient of determination of 0.164. These results suggest that 16.4% of the variance in perceptions of patriarchy can be explained by exposure to the “Bid’ah” series, while 83.6% is influenced by other factors beyond this study. These findings highlight the important role of media in shaping social perceptions, particularly regarding gender norms and patriarchal values. This study contributes to the understanding of how media, especially television dramas, can both reinforce and challenge gender stereotypes, while also providing insights into the potential influence of media content on audiences’ attitudes toward gender equality.

This research explores the legal protection of domestic doctors in Indonesia in response to the increasing utilization of foreign doctors (FDs) within the framework of knowledge transfer aimed at improving healthcare services. With the enactment of Law No. 17 of 2023 on Health, the Indonesian government provides space for foreign doctors to practice with simplified licensing procedures, raising legal concerns regarding legal certainty, professional equality, and the rights of patients to clear and honest communication. This study uses normative juridical methods with statutory and conceptual approaches to analyze the legal framework surrounding this issue. The findings show that the implementation of simplified requirements for foreign doctors potentially threatens the professional standing of local doctors and risks violating patient rights. Recommendations include strengthening legal instruments and monitoring mechanisms to ensure that knowledge transfer objectives are met without compromising legal protection and healthcare quality. The legal framework provided by Law No. 17 of 2023 allows foreign doctors to practice with more straightforward licensing processes, but it raises concerns regarding the adequacy of regulatory oversight. Local doctors fear that the simplified procedures for foreign doctors may not guarantee the same level of competency, accountability, and ethical standards. Furthermore, the presence of foreign doctors could lead to a disparity in professional treatment and recognition, undermining the integrity of the medical profession in Indonesia. This study explores how these legal issues intersect with the broader goals of patient protection, ensuring that all medical practitioners, regardless of nationality, adhere to the highest standards of care and ethical conduct. The role of patient rights in this context is critical, as patients must receive clear and honest communication about the qualifications of the doctors treating them, ensuring their right to informed consent is upheld.

The presumption of innocence is a fundamental principle in the criminal justice system that serves to protect the rights of the accused from the risk of unfair punishment. This principle states that a person is presumed innocent until proven legally and convincingly guilty of committing a crime before a court. This research uses an empirical juridical method, namely a legal approach that examines how positive law, especially unwritten law, is applied in society. In this context, the research highlights the implementation of the presumption of innocence in criminal justice practices in Indonesia. The application of the presumption of innocence is very important for the judicial process to run fairly, directed, and achieve the main objectives of criminal justice, namely upholding justice, legal certainty, and legal order. The relationship between this principle and human rights is very close, because with this principle, suspects and defendants are guaranteed to obtain legal protection during the legal process. Rights such as not being treated as guilty before a court decision, the right to defense, and the right to humane treatment are part of this principle. Enforcing the presumption of innocence is not only the responsibility of law enforcement officers such as the police, prosecutors, and judges, but also all elements of society. Therefore, it is crucial for every citizen to understand and respect this principle in their social lives, especially in responding to ongoing legal cases. As a concrete implementation, law enforcement must implement policies that protect the public and maintain a sense of security, for example by increasing surveillance in crime-prone areas. This way, the law can be enforced fairly, and public trust in the criminal justice system will increase. The presumption of innocence is a crucial foundation for the creation of humane and fair trials in Indonesia.

Abstract, This research was conducted with the aim of exploring the legal reconstruction efforts based on the Maqasid al-Shari’ah perspective, as reflected in the decision issued by the Supreme Court, in order to provide a legal breakthrough in the distribution of inheritance through the concept of wasiat wajibah (compulsory will) for non-Muslim heirs. The difference in religious affiliation within family law gives rise to serious inheritance issues, as Islamic law strictly prohibits inheritance between people of different religions. In order to maintain national unity and integrity, the Supreme Court issued Decision Number 331 K/AG/2018, which grants the right to a wasiat wajibah to heirs who have converted out of Islam or are non-Muslims. This study is a normative juridical research that employs two legal approaches: the conceptual approach and the analytical approach. The data collection technique used to achieve the research objectives is library-based documentation study. The findings show that all judicial bodies in Indonesia must refer to Article 49, Articles 1 and 2 of the 1989 Law concerning legal provisions on litigation, management, and enforcement of civil litigation in inheritance cases. Furthermore, Qur’an Surah An-Nisa verse 141 and Hadiths from Al-Bukhari and Muslim explain that Islamic identity must be a determining factor for heirs, disregarding wills that are not valid under Islamic law. Based on the results, it can be concluded that a wasiat wajibah for apostate or non-Muslim heirs is treated not as an inheritance, but as a special bequest. According to the Maqasid al-Shari’ah, which serves as the foundation for achieving the objectives of Islamic law through its five core principles of protection, the concept of wasiat wajibah for non-Muslim heirs plays a crucial role in: preserving religion by fostering interfaith tolerance; preserving life by preventing familial conflict; preserving intellect by ensuring access to education for non-Muslim descendants; preserving lineage by recognizing the rights of children as biological heirs through inheritance; and preserving wealth by ensuring the rightful and responsible transfer of ownership of the deceased’s estate.    

The selection of learning media and resources is an important aspect of the learning process. Learning media helps to convey material in a more engaging and effective way, while learning resources include a variety of references that support learning activities, such as human, print, visual, and audio-visual materials. The selection of media must be adjusted to the learning objectives, student characteristics, and availability of facilities. Learning resources, on the other hand, must meet the criteria of economy, practical, easy to obtain, flexible, and can motivate and support the learning process. By choosing the right learning media and resources, learning becomes more effective, engaging, and relevant for students. The method used by the researcher is qualitative research. And the data obtained were analyzed using the literature study method.