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Corruption cases in Indonesia often involve the recovery of state assets, including properties encumbered by mortgages (hak tanggungan). This research conducts a normative legal analysis on how current law treats such pledged assets when they become objects of state confiscation in corruption crimes. We examine Indonesian legislation (especially the Tipikor Act, TPPU Act, and Mortgage Act), judicial practice, and principles of justice and legal certainty. The Bank Perumda BPR Purworejo case is used as an illustrative case study: here fictitious loans and misused collateral led to state losses of hundreds of millions of rupiah, and investigators seized assets (including four mortgaged properties) as evidence. The analysis finds that existing rules inadequately protect good-faith creditors: courts have noted that a corruption verdict does not automatically erase a prior mortgage lien, and that a certified mortgage confers a preferential right equal to a judgment. In practice, however, law enforcement often seizes all assets of the convict without first verifying third-party rights, creating legal uncertainty and perceived injustice. We argue that fair outcomes require stricter safeguards for creditors (e.g. mandatory review of collateral status before seizure) and consideration of equitable principles. In conclusion, we recommend legal reforms or guidelines to balance the state’s recovery goals with protection of bona fide mortgagees, so as to uphold substantive justice while maintaining legal certainty.

This study examines the distortion between civil and criminal perspectives in the legal considerations (ratio decidendi) of Judex Juris in Supreme Court Decision Number 121K/Pid.Sus/2020. The decision lacks substantial criminal law considerations regarding the alleged corruption offense. Instead, the legal reasoning focuses on the fault or negligence of company directors, particularly the exception under Article 97 of Law Number 40 of 2007 concerning Limited Liability Companies, which embodies the Business Judgment Rule doctrine. Furthermore, these considerations are distorted by tort (onrechtmatige daad) as regulated in Article 1365 of the Civil Code juncto Article 138 paragraph (1) letter b of the Company Law. This research employs a legislative approach by analyzing various legal instruments, including the 1945 Constitution, the Criminal Code, the Criminal Procedure Code, the Limited Liability Company Law, State-Owned Enterprises Law, Judicial Power Law, Supreme Court Law, and the Corruption Eradication Laws. A conceptual approach is also utilized to examine theoretical concepts concerning corporate crime, directors' liabilities, state losses, tort, negligence from criminal and civil perspectives, business judgment rules, collective collegiality principles, and formal-material classification of legislation. The data comprises primary legal materials (legislation and court decisions) and secondary legal materials (legal literature and scientific journals). Analysis is conducted qualitatively by interpreting legal principles and their relevance to the court's considerations in the decision.

This study examines the application of the ultra petita principle in decisions of the Constitutional Court of the Republic of Indonesia, focusing on the case study of Decision Number 90/PUU-XXI/2023. The ultra petita principle is classically understood as a prohibition for judges to rule beyond what is explicitly requested by the parties to the case. However, in practice, the Constitutional Court often uses this principle flexibly to ensure substantive justice and the effective protection of citizens' constitutional rights. This shows how constitutional adjudication in Indonesia tends to prioritize substantive justice over procedural limitations. This thesis aims to analyze the legal basis used by the Constitutional Court when deciding ultra petita cases, while also examining the resulting legal implications for the administrative system of lawmaking in Indonesia. Using a normative legal approach, this study finds that the Constitutional Court positions itself as the sole interpreter of the constitution with progressive authority. In this sense, the Court's decisions may expand its role beyond the traditional boundaries of judicial authority. However, the Constitutional Court's ultra petita practice has the potential to raise concerns about judicial overreach. Ultra petita decisions not only resolve constitutional disputes but also have the potential to create new legal norms that can directly influence the legislative process and even change the structure of national law. Such outcomes raise the question of how to maintain a balance between judicial activism and legislative supremacy. Therefore, it is crucial to establish clear legal boundaries to ensure the Court remains within the constitutional framework, upholds the principle of checks and balances, and prevents conflicts of authority between branches of state power. Therefore, this research contributes to the academic understanding of the dynamics of the Constitutional Court's authority and the urgency of strengthening the rules of the game in maintaining harmony in the Indonesian state system.

Understanding the methods used by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) is important to be understood by the public in order to gain stronger confidence in the implementation of its fatwa. Of the various methods of determining law or ijtihad, one of the ones used by DSN-MUI is Istishab. The purpose of this study is to analyze the application of the Istishab ijtihad method in determining fatwas in DSN-MUI, especially fatwa on rahn tasjily and rahn emas. The research method used uses a Qualitative method with a normative juridical approach that uses secondary and analytical descriptive data as the data analysis technique used. The results of this study state that one of the legal sources used by DSN-MUI in formulating its fatwa is istishab. In general, in the application of istishab in its fatwa, DSN-MUI in most of its fatwas uses the rules derived from isitishab in the form of the law of origin of muamalat is permissible. However, there are two fatwas that clearly show the use of istishab in the issuance of fatwa, namely in Fatwa D about Rahn Emas and Rahn Tasjily. In both fatwas, the elements that become the harmony and conditions in the use of istishab as a legal evidence have been fulfilled, both of which are related to rahn in general that have taken place in the past, which then these postulates are used to determine the applicability of the rahn law in the present time which is used in the form of golden rahn and rahn tasjily. In addition, it also uses derivative rules from istihab itself in the form of the basic law of muamalat, which is permissible until there is evidence that supports it.  

Domestic violence (KDRT) is a form of human rights violation that occurs in the domestic space and has a wide impact on the integrity of the family. The reform of the criminal law through Law No. 1 of 2023 concerning the Criminal Code marks a more serious recognition of domestic violence as a criminal act. This article aims to examine the update of the criminal rules against domestic violence perpetrators in the new Criminal Code and examine it from the perspective of Islamic law. Using a normative juridical approach and comparative analysis, this study found that the new Criminal Code has adopted a more progressive approach to victim protection, including in criminal arrangements against perpetrators. On the other hand, Islamic law views domestic violence as a violation of the principles of justice, compassion, and moral responsibility in the family. Criminalization in Islam is preventive and corrective, and emphasizes a just solution, not merely repressive. Therefore, the reform of the national criminal law needs to be harmonized with Islamic values, in order to establish a penal system that is not only legally just, but also ethically and socially.

The coaching system for drug convicts is carried out in correctional institutions, where Correctional Institutions are a form of criminal punishment (imprisonment). In the rehabilitation process, victims of narcotics abuse are not objects but subjects. Criminal punishment (punishment) is not merely giving suffering to deter, but an element of guidance and coaching with the aim that lawbreakers can realize their mistakes and not repeat their actions again, and can return to society and carry out their social functions properly. The purpose of this study was to find out the concept of fostering convicts through rehabilitation, Implementation of Rehabilitation of Narcotics Prisoners in Lubuk Pakam Class II B Prison, Effectiveness of implementing Narcotics Rehabilitation in Lubuk pakam Class II B. This research is included in the descriptive research with the type of empirical juridical research using qualitative analysis methods.From the results of the research it is known that the concept of rehabilitation in the process of coaching prisoners is aimed not only at the mentality of prisoners but also treating dependence on narcotics themselves so that prisoners can recover physically and mentally. Implementation of rehabilitation is based on the provisions of Law Number 35 of 2009 concerning Narcotics and several rules for the implementation of rehabilitation, the Implementation of Fehabilitation in the Class IIB Lubuk Pakam Penitentiary includes medical rehabilitation and social rehabilitation. The implementation of medical rehabilitation includes the Health Examination Stage, the Detoxification Stage, the mental and emotional stability stage of the sufferer. While social rehabilitation includes personality development and independence development and the application of medical rehabilitation and social rehabilitation at the Lubuk Pakam Class IIB Penitentiary is quite effective in reducing the repetition rate (recidivist) of convicts who have completed their sentence, convicts who have served a period of detention have recovered from dependence on narcotics, but the environment outside the prison can affect the re-use by inmates.

The River Basin (DAS) as a place of absorption and water source for living things, forms an ecosystem and a direct relationship between humans and nature. This study aims to determine the function of the Subayang River for the DAS community in Tanjung Belit Village, and to analyze the process of interpreting the river using the social construction theory of Peter L. Berger and Thomas Luckman. This study uses a descriptive qualitative approach, with data collection techniques in the form of in-depth interviews, observation, and documentation. Data analysis uses the Miles and Huberman model. The research subjects numbered eight people, consisting of six main subjects (selected purposively) and two key subjects. The results of the study show that the Subayang River has domestic functions (consumption and MCK) and non-domestic (interaction space, economic function, mobility, culture, conservation, and disposal). The process of the community interpreting the Subayang River consists of three processes, namely externalization (Knowledge) sources of community knowledge about rivers are formed through direct experience, family heritage, social interaction, norms or unwritten rules maintained by the community. Objectivation (Attitude) of Subayang River is not only seen as a water source but as a source of life, as a sacred object, river as identity and river as a place of purification. Internalization (Action) of society carries out various actions that come from the community's response to the river. The social construction process is influenced by internal factors (Personal Experience, Cognitive Awareness, Emotional) and external factors (Family, Norms/Rules, Community Culture, Environmental Conditions).

The use of materials in health research requires a binding instrument to regulate the distribution of benefits. Material Transfer Agreement (MTA) is an essential material transfer agreement, allowing the management of the transfer through negotiation until a mutually beneficial agreement is reached. In addition, MTA functions as a contract that protects the rights of the parties involved and ensures compliance with regulations, based on the theory of legal protection and authority. This study uses a normative legal method with a statutory and conceptual approach. The collection of legal materials is carried out through the identification of positive legal rules, as well as examining primary, secondary, and tertiary sources. The data is then analyzed from the identification of legal facts to drawing conclusions. The results of the study show that MTA regulations in Indonesia are comprehensively regulated by various levels, including Law Number 17 of 2023 concerning Health (Article 340 paragraph 3), Law Number 11 of 2019 (Article 76 letter h and Article 77 paragraph 1), Government Regulation Number 28 of 2024 (Articles 972, 1025–1031), and Regulation of the Minister of Health Number 85 of 2020 (Articles 4, 5, 6, 7, 9, 14, 15, and 16 paragraph 1). These national legal frameworks complement each other to ensure procedural certainty, biosafety, benefit sharing, protection of intellectual property rights, and sanctions for violators in the transfer of health materials. Although its implementation faces preventive and repressive challenges, MTA has proven essential in bridging national and commercial interests, increasing the capacity of science and technology, and protecting the sovereignty of Indonesia's genetic resources.

Law constitutes a set of rules that must be obeyed and implemented by every individual. The concept of law-making forms part of the broader meaning of legal politics, serving as a guideline for the governance of the state and the life of society. Law is a necessity for all components of the nation and the state to create security and order, thereby providing a sense of justice. General elections (Pemilu) conducted directly by the people, from the people, and for the people serve as a means of manifesting sovereignty for the state to produce a democratic government based on Pancasila and the 1945 Constitution. The administration of general elections direct, free, universal, and secret must be carried out honestly and fairly, capable of realizing national integration, professionalism, and accountability in order to position the people as the primary holder of sovereignty. This study employs a normative juridical legal research method with a statutory approach and a conceptual approach. The results of this research indicate that the legal concept concerning general elections depends on legal politics, which acts as a determining activity in the pattern and formation of election legislation designed to oversee and renew that law as a determination of politics related to democracy in the country. This study aims to ascertain the impact of the implementation of legal politics in the post-reform general election system and represents an existence of legal politics within Indonesia’s legal enforcement system.

The indigenous Nggolonio community gave land to newcomers (Dhajong) with the mandate that this land was only for making settlements, surviving and earning a living and not for other interests. However, the Dhajong community used this land for the construction of public facilities, the indigenous community of Nggolonio Village questioned the implementation of the mandate from their ancestors. The research used was empirical legal research with a qualitative approach. Data collection for this research was interviews and document studies. The results of the study indicate that the position of the customary rights of the Nggolonio Community against the rights of the Dhajong immigrant community, customary rights are the collective rights of the indigenous community to a certain area that is inherited from generation to generation. This right includes control and management of land and the natural resources above it. In the context of immigrant communities, access to and use of customary land is usually regulated by customary mechanisms that apply in the local community. This can involve the involvement of special agreements or land use permits that are mutually agreed upon between the indigenous community and immigrants. It is important to note that each indigenous community has different rules and mechanisms in managing relations between indigenous communities and immigrants. Therefore, a deep understanding of customary law and local practices in Nggolonio Village is essential to obtain an accurate picture of the status of customary rights of indigenous peoples and the rights of immigrant communities in the area.

Service quality is the level of excellence or specialty of a service that can meet the needs and expectations of the community. Public service is an activity carried out by the government and other institutions to meet the needs of community services in accordance with laws and regulations. This service can be in the form of public goods, public services, and/or administrative services. The purpose of this study was to determine the quality of service in issuing Business Identification Numbers for micro businesses at the Pekanbaru City Investment and One-Stop Integrated Service Office and its supporting and inhibiting factors. This study uses a qualitative approach. Data collection techniques use interviews. Data analysis in this study was carried out using qualitative descriptive. The results of the study explain that the quality of service is already in the good category which is assessed from the transparency in the services provided where there is openness in the service process, services that are in accordance with the rules and there is ease in the service process. The principle of accountability in improving service quality to ensure that each service can be accounted for and provide services in accordance with the conditions that have been set. Community participation in improving services has been carried out well by providing services according to rights and balance. Supporting factors in improving service quality include the ability of employees to serve, the availability of supporting facilities and infrastructure, and the development of a better service system as part of improving services. While inhibiting factors include increased supervision and complicated bureaucracy in efforts to improve services.

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

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.

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

The Constitutional Court (MK) regarding the Election Law on the presidential and vice presidential nomination threshold. Since the presidential election was held directly, the issue of the threshold for nominating presidential and vice presidential candidates has always surfaced every time a presidential election is held. In 2004, for example, the presidential nomination threshold was 10 percent. This research is a juridical-normative research, namely a process to find legal rules, legal principles, and legal doctrines in order to answer the legal issues faced. The data was analyzed descriptively-qualitatively.The results of this study indicate that the Constitutional Court Decision Number 74/PUU-XVII/2020 concerning the presidential nomination threshold (Presidential Threshold) is one of the important decisions in the discourse of democracy in Indonesia. The following is an explanation of the Ratio Decidendi of the decision in relation to the concept of democracy: Constitutionality of the Presidential Threshold The Constitutional Court (MK) in its decision emphasized that the presidential threshold or presidential nomination threshold is constitutional. This means that the provisions regarding the threshold do not conflict with the 1945 Constitution. The Constitutional Court is of the opinion that the presidential threshold is an open legal policy (Open Legal Policy) which is the authority of the lawmakers, namely the House of Representatives (DPR) and the President. The purpose of the Presidential Threshold, the Constitutional Court explained that the purpose of the presidential threshold is to simplify the party system and the presidential system, as well as to create government stability. The Ratio Decidendi of the Constitutional Court Decision Number 74/Puu-XXII/2024, Number 87/Puu-XXII/2024, Number 129/Puu-XXI/2023, Number 131/Puu-XXI 2023 concerning the Presidential Nomination Threshold is the Presidential Threshold is constitutional and does not conflict with the principles of democracy.

This research discusses the work of the members of the Pademangan Police Substation (Polsek Pademangan). It utilizes a qualitative research approach with the aim of understanding the compliance of the members at Polsek Pademangan. Compliance is an attitude or behavior of individuals or groups that adhere to rules, norms, or regulations established by the relevant authorities or organizations. Compliance can also be defined as the attitude or behavior of individuals or groups in following and adhering to established rules, norms, or regulations. Compliance reflects an individual's adherence to prevailing standards, whether they be legal, organizational rules, ethics, social norms, or other provisions governing behavior and actions. The purpose of compliance is to maintain order, justice, security, and efficiency in various life contexts, such as within society, organizations, or government institutions. Through compliance, an individual or group is expected to behave in accordance with established norms and not violate existing rules. Compliance often serves as the foundation for the functioning of law, ethics, and management in various sectors of life, including the business world, education, government, and society. Compliance can also be linked to an individual's responsibility towards their environment and the surrounding community. Through compliance, individuals contribute to the development and maintenance of norms that help preserve harmony and the common good. In various aspects of life, compliance is an important principle for maintaining social function and running organizations or communities efficiently and fairly.

Buying and selling is a legal relationship that has rights and obligations between the parties, including house buying and selling transactions through a House Sale and Purchase Agreement (PPJB) and Sale and Purchase Deed (AJB) carried out in front of a notary. The study has a goal, namely to find out and analyze the validity of buying and selling transactions of houses in the perspective of the Civil Code. Juridical-normatic is used as a research method whose approach is in the form of laws and literature studies. The result of this study is a house sale and purchase agreement, namely a special agreement whose rules are contained in Article 1457 of the Civil Code. The validity of this sale and purchase refers to Article 1320 of the Civil Code concerning the legal terms of the agreement. Buying and selling houses is carried out through various stages, namely the preparation of PPJB, payment of seller and buyer taxes and the process of transferring the name in AJB before a notary. Legitimacy can occur if the making of this agreement is not because there is a forced withdrawal from any party,, does not violate the provisions of laws and regalutions, decency and the public interest.

Illegal fishing still occurs in Indonesian waters, although various efforts have been made to deal with it. This illegal activity is not only a problem for Indonesia, but also a cross-country problem because the actors and activities are cross-country, and because of that, the handling of this problem must be carried out cross-country, especially through bilateral cooperation. This study aims to determine the Indonesian Government's Efforts to Handle Illegal Fishing on the Border of Indonesia and the Philippines. The lack of a defense and security system in Indonesian waters has led to the emergence of threats such as illegal exploitation and exploration of fishery products that are not reported and are not in accordance with predetermined rules carried out by foreign parties. This act of fishing activity is commonly referred to as Illegal. This research uses a descriptive-analytic research method.With data collection techniques through interviews, observation and documentation. The results of the research show that cooperation between Indonesia and the Philippines can run well if the Philippines itself is quick in responding to ideas and agreements that have been mutually agreed upon, the slow response from the Philippines itself makes the second agreement slow to process, therefore the strategy that can be carried out by Indonesia in encouraging a quick response from the Philippines itself is by discussing every collaboration that is ongoing or has expired intensively and continuously. Bilateral talks can accelerate cooperation between the two countries in a better and more advanced direction.    

The purpose of this study was to find out how the implementation of Premarital Guidance at the Office of Religious Affairs (KUA) of Kapur IX District and what materials were given by religious counselors at KUA of Kapur IX District during premarital guidance. The research method that the author uses in writing this article is a descriptive qualitative research method with data collection techniques through observation, documentation, and interviews. The sources of data from this study were extension workers at KUA Kapur IX District and books related to this research. The results of this study indicate that the implementation of Premarital Guidance at the KUA of Kapur IX District is carried out every Thursday starting at 10.00 WIB until it is finished. The methods used in providing premarital guidance to the bride and groom are lecture, discussion, and question and answer methods. In the implementation of premarital guidance at KUA Kapur IX District there were several supporting and inhibiting factors in achieving the successful implementation of the premarital guidance. The supporting factors are the willingness of the bride and groom, adequate facilities and infrastructure, and professional extension workers. And the inhibiting factor in the implementation of premarital guidance is that there are still prospective brides who are not punctual in following the guidance and there are still prospective brides who consider this premarital guidance not so important. The pre-marital guidance material given by the counselor to the bride and groom is material about the purpose of marriage, husband and wife's obligations, attitudes that support the realization of a happy/sakinah family, rules for husband and wife association, first night etiquette, mandatory bathing, times when it is forbidden to associate with the husband wife, things that are prohibited in the household, things that can disturb the harmony of the household, and so on.

The state is an organization that has a purpose. The purpose of this study is to enforce the law regarding permits for waste water disposal in motor vehicle washing businesses and the sanctions imposed by the government on motorized vehicle washing businesses that do not have a waste water disposal permit. Normative juridical research, namely research originating from laws and regulations that present actual facts with the topic of study. Law enforcement of waste water disposal permits in motorized vehicle washing businesses through administrative instruments aims to prevent acts or omissions that violate the law or do not meet the requirements, stop or return to their original state (before the violation). So the focus of administrative sanctions is the actions of violators of the rules. In the Surabaya City Regional Regulation Number 12 of 2016 concerning Water Quality Management and Wastewater Control Article 34 explains the administrative sanctions referred to in the form of: written warning, Government coercion, Freezing of waste water disposal permits, Revocation of waste water disposal permits. In addition to administrative sanctions, there are also criminal sanctions in the form of violations. The local government should socialize the Regional Regulation on Water Quality Management and Wastewater Control to the general public and the organizers of motor vehicle washing wastewater management (motor vehicle washing entrepreneurs) in order to increase legal awareness embedded in the community and it is hoped that the government will issue implementing regulations, namely Regulation Mayor.