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Chiara Belva Chatlina; Kuswandi Kuswandi

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of social media as part of digital technology has significantly transformed patterns of social interaction among adolescents in Indonesia. Social media no longer functions solely as a medium for communication and self-expression, but also as a social space that influences behavioral formation, including deviant and criminal behavior. This study aims to analyze the influence of social media on juvenile criminal behavior from a criminological perspective, with particular attention to social learning processes and the weakening of social control in digital environments. This research employs a qualitative method using a literature study approach by examining scientific journals, official reports, and statistical data related to social media use and adolescent behavior. The findings indicate that high intensity of social media use, exposure to negative content, and the normalization of aggressive behavior in digital spaces contribute to increased vulnerability of adolescents to criminal behaviors such as cyberbullying, online aggression, and other forms of deviance. Within the framework of Social Learning Theory, social media serves as a medium for behavioral learning through mechanisms of observation, imitation, and social reinforcement, while Social Control Theory highlights how weak supervision by families and educational institutions amplifies the risk of deviant behavior. The implications of this study emphasize the importance of preventive, non-penal approaches through strengthening social control, improving digital literacy, and enhancing the active role of families and schools to minimize the risk of juvenile criminal behavior in the digital era.

Rio Ferdika; Tamaulina Br. Sembiring; Tubagus Aditya Wardhana; Davina Sarah Azzevi

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Criminal offenses of theft are one of the most frequent forms of crime in society and have wide-ranging impacts, not only on the individual victim but also on legal order and social stability. This study aims to analyze the impact of theft offenses on legal order and social life, while also examining the role of criminal law in addressing such crimes. The research method used is qualitative with a descriptive approach through literature study, observation, and interviews with law enforcement officers and the public. The results of the study show that the prevalence of theft offenses can decrease public safety, weaken public trust in law enforcement agencies, and disturb social order and harmony. Furthermore, theft also leads to a decline in legal compliance and an increase in the potential for vigilante justice. Therefore, consistent, effective, and just law enforcement is required, along with increasing public legal awareness as efforts to maintain legal order and create a safe and orderly social life.

Anisa Sahara; Kuswandi Kuswandi

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes online fraud as one of the most common forms of cybercrime in Indonesia, which has expanded alongside rapid advances in information and communication technology. These crimes utilize digital platforms such as social media, online marketplaces, and fraudulent websites to deceive victims for unlawful financial gain. The research aims to examine online fraud from a criminological perspective by identifying its causes, patterns, and relevance to routine activity theory and differential association theory. A normative juridical method is employed, using statutory, conceptual, and case-based approaches, with qualitative and descriptive analysis. The findings show that online fraud reflects a shift from conventional fraud to digital-based crimes, driven by low public awareness of cybersecurity, easy access to technology, and weak online supervision. Several fraud schemes were identified, including online investment scams, phishing, and identity impersonation. This study highlights the need for an integrated approach that goes beyond law enforcement by emphasizing digital literacy, public education, and cross-sector collaboration to reduce cybercrime in Indonesia.

Eviona Elshadai Margareth Hutapea; Trissa Lihayati Nur Laila

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Physical violence against journalists remains a serious threat that hinders the functioning of democracy in Indonesia. Law Number 40 of 1999 concerning the Press explicitly guarantees legal protection for journalists through Articles 8 and 9, which emphasize freedom from censorship and the right to seek and disseminate information. However, criminal law enforcement against perpetrators of physical violence has not been optimal, leading to a culture of impunity. This study uses a normative juridical approach by analyzing the Press Law regulations, the provisions of the Criminal Code on assault (Articles 351-355), as well as the theoretical basis of Satjipto Rahardjo's preventive-repressive legal protection and Moeljatno's law enforcement principles. The results of the study indicate a significant gap between strong legal norms and weak enforcement practices,  characterized by the dominance of mediation by the Press Council and a culture of impunity for perpetrators, often involving state apparatus. According to AJI reports from 2020-2025, there have been 84 to 89 cases annually, with only 15-20% processed criminally. The main obstacles include a lack of coordination between institutions, minimal awareness of law enforcement officials, victims' reluctance to report due to social pressure and fear of reprisals, and institutional solidarity among perpetrators. This impunity not only traumatizes journalists but also induces self-censorship, reduces investigative journalism quality, and weakens democratic checks and balances. Recommendations include revising the Press Law for stricter sanctions, enhancing law enforcement training, and establishing independent investigation teams under Komnas HAM to combat impunity effectively. 

Jeihan Mahendra Putra; Abdul Rahman

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Local governments play a strategic role in public service delivery and are required to undertake rapid, systematic, and sustainable institutional and governance transformation. These demands arise in response to changes in the organizational environment, regulatory developments, and increasing public expectations regarding the quality, effectiveness, and accountability of public services. Improving the capacity of human resources, particularly those managing services and complaints, is a crucial factor in ensuring professional, adaptive, and technology-based services. However, issues with staff competency are still found in public service institutions that interact directly with the public, particularly at the sub-district level. In an effort to improve the quality of public administration services, the government established the Integrated Sub-district Administrative Services (PATEN) policy as stipulated in Minister of Home Affairs Regulation Number 4 of 2010. This study aims to analyze the implementation of the PATEN policy in Sawangan District, Depok City, using a qualitative approach and descriptive methods. The results indicate that the implementation of PATEN has generally been effective, marked by the fulfillment of substantive, administrative, and technical aspects, and supported by clear regulations. However, public complaint services have not been optimal due to technical constraints in the website-based complaint system.

Bambang Aditio; Aldri Finaldi; Asnil Asnil

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the dynamics of Data Driven Policy implementation in Indonesia, which faces a disconnect between the ambitions of digital regulation and the reality of execution on the ground. Using a qualitative approach with the Three Lenses of Evidence-Based Policy analysis framework (Head, 2008), this study examines the interaction between scientific evidence, political considerations, and professional practices in government data governance. The results show that although legal infrastructure such as Satu Data Indonesia (SDI) has been established, its effectiveness is hampered by structural barriers: the dominance of sectoral egos and a culture of intuitive decision-making (political lens), as well as a mix of digital talent and resistance from a paternalistic bureaucratic culture (practical lens). These findings confirm that data fragmentation and cybersecurity incidents are not simply technical failures, but rather systemic governance failures. Therefore, this study recommends a “soft reform” strategy that integrates the enforcement of technical standards, budget incentive mechanisms, and digital leadership transformation to align data validity with the political realities of the bureaucracy.

Izzatul Mula; Auliya Ristiani; Abdulrahman Ratuloly; Firza Agung Prakoso

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the transformation of Fixed-Term Employment Agreements (PKWT) in East Java within the context of Indonesia's flexible economy era, particularly following the enactment of the Job Creation Law (UU Cipta Kerja No. 6/2023). The research analyzes the legal protection challenges faced by contract and outsourcing workers in East Java Province from 2020–2025. Using a normative juridical approach combined with empirical data from the Central Statistics Agency (BPS) and the Ministry of Manpower, this study reveals that despite regulatory improvements, significant gaps remain in the implementation of labor protection. Key findings indicate that contract workers in East Java, estimated at 59.17% of the informal workforce in 2024, face uncertainties regarding contract duration, compensation rights, and social security. The study recommends strengthening supervision mechanisms, clarifying regulations on gig economy workers, and enhancing bipartite negotiation processes to ensure balanced protection between business flexibility and workers' fundamental rights, while also promoting legal certainty and sustainable employment relations in the regional labor market.

Fairuz Sabiq; Muhammad Himmatur Riza; Masjupri Masjupri; Andi Mardian

Proceeding of the International Conference on Law and Human Rights 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The determination of the beginning of the lunar month is an important issue in religious practice and the establishment of the Hijri calendar in Indonesia. The diversity of imkan rukyat criteria used across countries necessitates an evaluation of international standards, including the 2016 Turkish Criteria, which are considered more progressive with parameters of a minimum crescent altitude of 5° and an elongation of 8°. This article examines the relevance of the 2016 Turkish Criteria within the astronomical and jurisprudential context of Indonesia, as well as its implications for the process of determining the beginning of the lunar month by the government and Islamic organizations. Through literature review, comparative astronomical analysis, and examination of hisab–rukyat practices in recent years, this study finds that the 2016 Turkish Criteria exhibit strong astronomical consistency and can enhance calendar predictability. However, its application in Indonesia may lead to discrepancies with the government’s criteria, which currently require a crescent altitude of 3° and an elongation of 6.4°. These implications include potential differences in month beginnings, the need for harmonizing criteria, and the importance of dialogue between national and international astronomical authorities. This study recommends strengthening astronomical and jurisprudential assessments prior to adopting new criteria and encourages the integration of global data to improve the accuracy of the Hijri calendar in Indonesia.

Siti Kasiyati; Abdullah Tri Wahyudi; Muhammad Julijanto; Muhammad Taufiq

Proceeding of the International Conference on Law and Human Rights 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyse the development and compare the legal politics of the Religious Court in Indonesia and Turkey. This study is library research with an interdisciplinary approach to historical-legal and comparative law research. This study presents a historical-legal perspective and a comparative analysis of the law to obtain similarities and differences in the legal politics of the Religious Court in Indonesia and Turkey. The legal politics of the Religious Court in Indonesia are divided into pre-Colonial, independence, and reform periods. In Turkey, the Religious Court is divided into three periods: before the Tanzimat, after the Tanzimat, and during Mustafa Kemal Atatürk's reforms. A comparative analysis of the law found that the Religious Courts in Indonesia and Turkey initially applied Islamic law. Still, later restrictions were placed on it in an attempt to abolish it. The difference is that the Religious Court in Indonesia still enforces Islamic law as a positive law in certain fields and regions. The Religious Court in Turkey was abolished and replaced by a regular Court based on European law. The existence of the Religious Court in Indonesia demonstrates the success of legal pluralism, while legal secularism has shifted legal pluralism in Turkey.

Muh Fadli Faisal Rasyid

Proceeding of the International Conference on Law and Human Rights 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The integration of artificial intelligence (AI) in forensic investigation has significantly transformed the analysis and authentication of digital evidence. This paper explores the role of AI technologies, specifically machine learning and deep learning algorithms, in examining digital evidence from various sources, including computers, mobile devices, and network systems. We provide an in-depth analysis of current AI-based forensic tools, their efficiency in evidence authentication, and the challenges they face regarding legal admissibility. Our findings indicate that AI-powered forensic systems can detect digital evidence tampering with 94.7% accuracy, drastically reducing analysis time from weeks to hours. However, challenges remain, particularly in areas such as algorithmic transparency, bias prevention, and ensuring the integrity of the chain of custody. This research offers a framework for incorporating AI in forensic laboratories, while also addressing crucial legal and ethical concerns to ensure the admissibility of AI-analyzed evidence in court. These considerations are essential for the widespread acceptance and use of AI in forensic investigations.

Andy Chairuddin; Wahira Wahira; Suarlin Suarlin; Andi Aslinda; A. Kasmawati +1 more

Prosiding Seminar Nasional Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the strengthening of higher education governance in realizing transparent and accountable academic services. In the context of the globalization of higher education and increasing public accountability demands, universities are required not only to excel academically but also to provide services that are open, responsive, and accountable. This research employs a qualitative approach with a descriptive-analytical design. Data were collected through in-depth interviews, observations, and documentation studies involving university leaders, academic administrators, lecturers, and students. Data analysis was conducted interactively through data reduction, data display, and conclusion drawing. The results indicate that the principle of transparency has been implemented through digital-based academic information systems; however, consistency in updating information still needs improvement. Accountability has been supported by standard operating procedures and service evaluations, although performance measurement based on indicators has not been fully integrated. Stakeholder participation has been facilitated through evaluation forums, but involvement in strategic decision-making remains limited. Overall, the dimensions of transparency, accountability, participation, effectiveness, and responsibility are interrelated in shaping the quality of academic services. This study emphasizes that strengthening governance must be systemically internalized within organizational culture and institutional operational systems to enhance trust and stakeholder satisfaction.

Hari Kusuma Yuda Tama; Waluyo Waluyo

Prosiding Seminar Nasional Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Historically, water resource management in Indonesia has faced significant complexities, often dominated by commercialization and investment-oriented policies that threaten the fundamental rights of farmers. The Constitutional Court’s decision to annul the previous Water Resources Law marks a crucial turning point, demanding a comprehensive policy reformulation. This entails a shift from a market-based paradigm to one grounded in human rights and social welfare, reaffirming state sovereignty over water for the prosperity of the people. The urgency of this reformulation is compounded by the imminent threat of climate change, which introduces high uncertainty into the hydrological cycle—manifesting as extreme droughts and floods—thereby directly impacting the agricultural sector. This research aims to formulate a climate-adaptive water resource management policy that secures the priority rights of farmers. Employing a Normative Legal Research Method with Statutory and Conceptual Approaches, the findings present a new, holistic legal and institu-tional framework. This framework centers on two pillars: first, the firm assertion and absolute legal protection of irrigation water allocation for farmers, even during periods of scarcity; and second, the adoption of a Climate-Adaptive Governance Model. This governance model integrates a unified climate monitoring system, resilient water infrastructure, and the empowerment of Water User Associations (P3A) at the grassroots level to independently respond to shifting climate patterns. This reformulation is essential for achieving water management that is just, sustainable, and effective in maintaining national food security

Inna Noor Inayati

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Medical emergency services demand swift and precise action; however, medical personnel are often hindered by the risk of criminalization resulting from unintended outcomes. Although Law Number 17 of 2023 concerning Health mandates the provision of assistance, the regulation has not yet provided explicit criminal protection for good-faith rescuers, thereby triggering the practice of defensive medicine. This study aims to examine the implementation of the Good Samaritan Law (GSL) concept as an alternative legal protection for health workers. The research methods employed are juridical-normative and juridical-empirical, utilizing statutory, comparative, and case approaches. The findings indicate that current regulations, including Article 531 of the Criminal Code (KUHP) and Law No. 17/2023, have limitations as they emphasize the obligation to assist rather than the protection of the rescuer. In comparison, the international GSL concept offers a standard of "limited immunity," which explicitly protects rescuers from civil and criminal liability, provided the actions are performed without gross negligence. The impact of implementing GSL in Indonesia is projected to provide stronger legal certainty than existing regulations, reduce the psychological burden on medical personnel in emergency situations, and encourage social solidarity without the fear of unnecessary lawsuits. The study concludes that the adoption of GSL is an urgent legal reconstruction to ensure the professional protection of health workers in Indonesia.

Yolanda Fitria Salma; Ahmad Irzal Fardiansyah; Dona Raisa Monica; Tri Andrisman; Nikmah Rosidah

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The enactment of Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP Nasional 2023) has brought significant changes to the national penal system, particularly in the regulation of sanctions imposed on children who commit criminal offenses. Children as offenders constitute a special legal subject who require a sentencing approach oriented toward protection, guidance, and rehabilitation. This study aims to analyze the regulation and concept of sentencing for children under the perspective of the KUHP Nasional 2023 and to assess its conformity with the principles of child protection and the objectives of the juvenile justice system in Indonesia. This research employs a juridical descriptive method using statutory and conceptual approaches through a literature review of primary, secondary, and tertiary legal materials. The findings indicate that the KUHP Nasional 2023 normatively accommodates a more humane sentencing approach by emphasizing the objectives of punishment and providing non-custodial sanctions and rehabilitative measures. However, these provisions remain general and have not been explicitly integrated with restorative justice principles as stipulated in the Juvenile Criminal Justice System Act. Therefore, regulatory harmonization and consistent implementation are necessary to ensure that sentencing for children truly reflects the best interests of the child and the rehabilitative goals of the juvenile justice system.

Selma Nabila Azzahra; Imam Hakiki

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to answer the following questions: First, what are the concepts of the rule of law and democracy, and how are they related? Second, what is the concept of human rights and how does it relate to the rule of law and democracy in Indonesia? The method used in this study is normative legal research, focusing on the study of legislation and scientific literature on the rule of law, democracy, and human rights. The approaches used include a legislative approach to examine the provisions of the 1945 Constitution of the Republic of Indonesia and related regulations; a conceptual approach to examine the theory of the rule of law, the theory of democracy, and the theory of human rights; and a historical approach to trace the development of these three concepts in the Indonesian context. The research data was obtained from primary and secondary legal materials. The results of the study show that the concepts of the rule of law and democracy are two interrelated and inseparable principles. Both in the traditions of the rechstaat and the rule of law, respect for human rights is placed as a key pillar, which is now understood more broadly to include issues of freedom, social justice, and protection from arbitrariness. The relationship between human rights, democracy, and the rule of law affirms that the law must be the highest authority, with the constitution as its highest foundation. The supremacy of law is an important element in the practice of democracy because the constitution functions as a social contract that regulates power and guarantees the protection of human rights.

Ahmad Chairul Anwar; Anriz Nazarudin Halim; Dhoni Martien

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon occurring in society regarding deeds of sale and purchase drawn up by land deed officials that contain material defects is certainly contrary to what is stipulated by law. Thus, the research questions are: What are the legal consequences of a material defect in a Deed of Sale and Purchase drawn up by a Land Deed Official? and How does a material defect in a Deed of Sale and Purchase drawn up by a Land Deed Official arise? In this study, the researcher uses Otto Jan Michael's theory of legal certainty and R. Soeroso's theory of legal consequences. The research method used in this study is normative juridical research janis, namely legal research with literature studies. The research approaches used are legislation, conceptual approach, analytical approach and case approach. The technique of collecting legal materials is by identifying and inventorying positive legal rules. Literature, journals and other sources of legal materials. For the analysis technique of legal materials, it is carried out by grammatical interpretation, systematic interpretation, analogy construction and legal refinement construction. The results of this study found the conclusion that the legal consequences of the sale and purchase deed being carried out unilaterally made before PPAT caused the sale and purchase deed to not have legal certainty. Although the sale and purchase deed was made formally by and before PPAT, the legal action contained a material defect, and was canceled by the court, there was also a legal relationship between the legal subjects, the cancellation showed legal certainty, but gave birth to a lawsuit due to unlawful acts, and the legal certainty of the sale and purchase deed made by PPAT contained material defects making PPAT not have binding legal force which resulted in unilateral The sale of land must be done by mutual agreement or known to both parties, in addition to having no legal force, the deed is canceled by the court. Thus, the cancellation of the sale and purchase deed contains a material defect in the court, providing legal certainty for matters that are not in accordance with the applicable provisions of the law.

Yoel Adeputra; Muhaen Maya Wulandari; Dwi Imroatus Sholikah

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The patent dispute between Apple Inc. and Samsung Electronics Co. Ltd. is one of the largest Intellectual Property Rights (IPR) conflicts in the modern technology industry. This case began in 2007, when Apple launched the first-generation iPhone, revolutionizing the smartphone market with its minimalist design, full-touch screen, and intuitive interface. The success of the iPhone opened new markets and positioned Apple as an innovation leader. Samsung, as the largest electronics manufacturer in Asia, then produced the Android-based Samsung Galaxy smartphone, which quickly became the iPhone's main competitor. This business competition then turned into a legal dispute when Apple considered Samsung's products too similar to its products. This case involves claims of infringement of design patents and utility patents filed in various jurisdictions such as the United States, South Korea, Japan, Germany, and the United Kingdom. This article uses a normative juridical method with a statutory and case approach. The analysis shows that the patent dispute between Apple and Samsung cannot be resolved through a single international forum due to the territorial nature of the patent system. Therefore, litigation takes place in several countries and results in varying decisions.

Saka Shofa'il Asroor

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Over the past 20 years, developments in digital technology have led to the emergence of financial innovation in the form of cryptocurrencies, with Bitcoin being the main pioneer. Bitcoin is a decentralized, blockchain-based electronic payment system that is not controlled by a single financial institution. Although its presence facilitates quick and straightforward cross-border transactions, it also raises ethical and legal issues, especially when taking into account Islamic law, which strongly emphasizes justice, certainty, and the welfare of society. This paper aims to investigate the usage of Bitcoin in modern economic transactions from the standpoint of Islamic and international law. This study investigates Islamic legal sources, the views of Islamic scholars, fatwas (religious decrees), and international laws and regulations pertaining to cryptocurrency assets using a qualitative, normative-empirical methodology. The results show that, although opinions among scholars differ, the usage of Bitcoin is subject to ijtihadiyah (Islamic ijtihad) in Islamic law. Some reject it because of its great volatility and speculative potential, while others allow it as long as it provides advantages and does not include riba, gharar, or maysir (the risks associated with gambling). In terms of international law, Bitcoin is typically seen as a digital asset that has to be closely watched in order to preserve economic stability and deter financial crime. Therefore, balanced legislation is required to guarantee that the usage of Bitcoin is in line with the principles of sharia maqasid and global economic fairness.

Adtila Prawoko; Ab’dan Syukur; Nadia Putri Kustiono; Anita Nur Amaliyah; Kuswan Hadji

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The enactment of Law Number 1 of 2023 concerning the Criminal Code brought fundamental changes to the regulation of the crime of adultery in Indonesia. The expansion of the scope of criminalization, including regulations regarding extramarital relationships, has given rise to debate regarding its compliance with the principles of the formation of laws and regulations and its impact on criminal law enforcement. This study aims to analyze the provisions of the adultery article in the new Criminal Code from the perspective of the principles of the formation of laws and regulations and assess its implications for the effectiveness of the criminal justice system. This study uses a normative legal research method with a legislative and conceptual approach. Legal materials were obtained through literature studies and analyzed qualitatively and juridically. The results show that the regulation of the crime of adultery in the new Criminal Code has a clear normative purpose, but still leaves issues regarding the clarity of formulation, legal certainty, and potential human rights violations. Furthermore, the application of the adultery article has the potential to create obstacles in law enforcement practices, particularly related to evidence, caseload, and the legitimacy of the criminal justice system. Therefore, further evaluation is needed to ensure that these regulations align with the principles of sound legislative development and ensure legal justice.