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This study discusses the judge’s considerations in granting child custody of a non-mumayyiz (underage) child to the biological father in the Religious Court Decision of Tanjung Karang Number: 1379/Pdt.G/2024/PA.Tnk. Generally, according to Islamic law and the Compilation of Islamic Law (KHI), custody of a non-mumayyiz child is granted to the biological mother. However, in this case, the panel of judges decided to grant custody to the biological father. The purpose of this research is to identify the legal reasoning behind the judge’s decision and the legal implications of such a ruling. The study employs a normative juridical method with a descriptive-analytical approach, supported by primary data obtained through interviews and secondary data from legislation and legal literature. The results show that the judge’s consideration was based on the best interest of the child principle, as the mother had remarried a non-Muslim man and converted to another religion, which made her ineligible to be the custodian under Islamic law. The legal implication of this decision reinforces the authority of judges to interpret hadhanah provisions contextually, ensuring the protection of the child’s rights and supporting their growth in accordance with religious teachings and prevailing social norms.

The development of automotive technology continuously seeks solutions to improve human mobility and address environmental concerns. This study focuses on the Hydrogen Reactor (HHO) technology as an alternative solution for fuel efficiency and emission reduction, specifically examining the legal protection of consumers utilizing this technology at Bengkel Karya Gemilang. The research aims to analyze the legal framework of consumer protection in the context of new energy-saving technologies and to identify the legal responsibilities of business actors (workshops) and the rights of consumers. Employing a normative legal research method with a case study approach, the study analyzes the implementation of Law No. 8 of 1999 concerning Consumer Protection (UUPK) in the utilization of HHO reactors. The findings indicate that while the HHO reactor technology offers a potential 5-15% increase in fuel efficiency and CO emission reduction, its implementation introduces new legal challenges, particularly regarding product safety, standardization, and the obligation for periodic servicing. Consumer protection is primarily ensured through the workshop’s obligation to provide clear product explanations, guarantee product safety, and fulfill the periodic service commitment. The study concludes that the existing UUPK provides a sufficient legal basis, but its implementation requires clear and transparent agreements, especially concerning the technical specifications and long-term maintenance of the HHO reactor, to ensure consumer rights are fully protected against potential risks associated with new, non-standardized automotive technologies.

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).

In Islamic law, marriage registration is very significant for both legal and religious reasons. It is a crucial part of making sure that both the administrative duties of marriage and the safety of the family are protected. In Islamic law, marriage is not just a social contract but also a religious duty that necessitates adequate documentation to safeguard the rights of both parties involved. This paper seeks to investigate the notion of marriage registration through the lens of Islamic law, analyzing its function in protecting familial rights, providing legal safeguards, and performing administrative responsibilities. The study methodology utilized is a qualitative approach, incorporating a literature review and document analysis of Islamic legal texts and pertinent current legal systems. The results show that registering a marriage in Islamic law is important not just for making the marriage official, but also for getting legal recognition, avoiding conflicts, and making sure that family members, especially women and children, are safe under the law. The registration process also makes it clear what the marriage's legal status is and what it means for things like inheritance, custody, and other family issues. In conclusion, marriage registration is an important part of Islamic law that upholds justice, protects the family, and makes sure that the marriage is legally protected and accountable.

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 article examines the handling of sexual harassment offenses within Indonesia’s criminal justice system, which faces complex challenges, particularly when restorative justice (RJ) is used as an alternative mechanism for case resolution. This study analyzes the implementation of RJ in sexual harassment cases at the Sleman Resort Police (Polres Sleman), referring to the Indonesian National Police Regulation No. 8 of 2021 on the Handling of Criminal Acts Based on Restorative Justice. The analysis focuses on how this policy is applied at the operational level and how its practice interacts with the normative provisions set forth in Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS), which explicitly prohibits non-judicial settlement for several categories of sexual violence. Using a qualitative approach through interviews, observations, and document analysis, the study finds that RJ continues to be applied at Polres Sleman despite its potential conflict with the prohibitions stipulated in the UU TPKS. At the operational level, the legal culture of police officers plays a significant role in encouraging the use of RJ, driven by pragmatic considerations such as efficiency in case resolution, social pressure from the community, and officers’ perceptions of the seriousness of sexual harassment cases. As a result, victims’ rights often fail to become the central focus, even though victimology emphasizes the importance of victim recovery and protection. The study concludes that regulatory harmonization, increased sensitivity of law enforcement officers toward sexual violence issues, and strengthened victim protection mechanisms are essential to ensure that the application of RJ does not undermine substantive justice.

This research analyzes the Indonesian government’s policy responses to combating Illegal, Unreported, and Unregulated (IUU) Fishing in the Arafura Sea during 2023-2024, focusing on the case of the Run Zeng 03 and Run Zeng 05 vessels. These foreign-flagged vessels, owned by a Chinese company but registered under the Russian flag, were involved in illegal fishing and human rights violations against Indonesian fishery crew members. Using a qualitative descriptive approach supported by literature studies and official government data, this research analyzes how Indonesia implemented its maritime sovereignty through legal enforcement, inter-agency coordination, and international maritime diplomacy. The findings reveal that Indonesia’s measures, such as vessel monitoring AIS/VMS technology, law enforcement through arrests and seizures, and diplomatic engagement with flag states reflect a progressive but still reactive approach. The study identifies key challenges, including limited foreign authorities. This research highlights the need for an integrated policy framework that combines hard power (law enforcement and patrols) with soft power (international cooperation, economic diplomacy, and labor protection). The study concludes that a comprehensive and collaborative approach is essential to strengthen maritime governance and ensure sustainable, equitable management of Indonesia’s marine resources.

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 is related to the rights of traffic accident victims regulated in Article 240 of Law 22 of 2009 concerning Road Traffic and Transportation "traffic accident victims have the right to receive compensation from the party responsible and are entitled to insurance compensation from the insurance company". Article 1365 of the Civil Code, every person who commits an unlawful act is obliged to compensate for the losses arising from his or her mistake. In fact, many accidents occur due to damaged roads in Samarinda City, so this is one of the factors causing traffic accidents.The aim of this research is to answer two things. First, to find out and examine unlawful acts by the authorities in cases of traffic accidents due to damaged roads. Second, we want to know and examine the legal responsibilities of road operators. In this part of the research, we review and explore the relevant laws that regulate and are relevant to claims for compensation against road operators by victims of traffic accidents due to damaged roads.The results obtained from this research are as follows: 1) In this case, the occurrence of traffic accidents in terms of the last 5 years continues to show a significant increase, which means that the government has not maximally provided the community's rights, namely to have good roads. One of the causes of accidents is damaged roads, but to date no member of the public has filed a civil lawsuit against the government for compensation for the pain they suffered. 2) The government's regulations and efforts to provide protection for road users are sufficient, but they are not implemented optimally, in fact the public has never been given an appeal to demand their rights to receive good roads.  

This article examines the legal ambiguities surrounding the status of civilians actively engaged in hostilities (civilian combatants) within the framework of International Humanitarian Law (IHL) and International Human Rights Law (IHRL). While the 1949 Geneva Conventions and the 1998 Rome Statute establish a clear demarcation through the distinction principle, the phenomenon of direct participation in hostilities (DPH) poses a significant legal challenge, as civilians forfeit their protected status upon taking part in combat. Using a normative-legal approach, this study analyzes how acts of violence committed by armed civilians can be categorized as war crimes, crimes against humanity, or gross human rights violations. The findings demonstrate that civilian status does not grant impunity for individuals who commit atrocities. Under the principle of individual criminal responsibility, the International Criminal Court (ICC) and national tribunals possess the jurisdiction to prosecute offenders, regardless of their formal military standing. Such legal enforcement is paramount to upholding the integrity of humanitarian principles and ensuring justice for victims within the landscape of modern armed conflict.

Public legal awareness is an important element in realizing an orderly, just, and law-based social life, as it enables citizens to understand and properly carry out their rights and obligations. In Mekarjaya Village, Gantar District, Indramayu Regency, a low level of public understanding of the hierarchy of laws and regulations is still evident, which has the potential to cause errors in the application of law within families and communities. This condition indicates the need for systematic, contextual, and easily understood legal socialization. This Community Service Program aims to improve the understanding of members of the Paguyuban Istri Peduli regarding the hierarchy of laws and regulations, while strengthening their role as agents for disseminating legal information within the surrounding community. The method employed is descriptive qualitative with a participatory approach through the delivery of materials, interactive discussions, question-and-answer sessions, and joint reflection. Data were collected through direct observation, oral question-and-answer sessions, and participant feedback forms. The results show an increase in participants’ understanding, high levels of participation in discussions, and the ability to relate legal concepts to real conditions. These findings confirm that participatory-based legal socialization is effective in enhancing public legal awareness and encouraging active community involvement at the local level.

Unequal access to population administration services remains a persistent governance challenge in archipelagic and geographically constrained areas, where spatial dispersion, limited connectivity, and high mobility costs systematically hinder citizens’ ability to obtain legal identity documents. In island regions, weak sea transportation networks, weather-dependent travel, and long distances to administrative centers reduce the feasibility of conventional, office-based service delivery, producing administrative exclusion that undermines equal citizenship. These barriers also intersect with socio-administrative realities, including the prevalence of unregistered marriages (nikah sirri), which constrains civil registration processes and delays the formal recognition of marital status and household composition within population administration systems. Against this backdrop, this review article aims to synthesize reputable scholarly literature on pelayanan jemput bola (mobile/outreach public services) as a policy strategy to advance service inclusivity and administrative justice in population administration, particularly for geographically marginalized communities. Methodologically, the article employs a thematic–conceptual literature review, systematically identifying and analyzing peer-reviewed journal articles and conference proceedings published primarily within the last five to ten years across recognized academic databases. The synthesis identifies key rationales and conceptualizations of outreach services, maps major implementation models (mobile units, community-based outreach, integrated one-stop outreach, and hybrid outreach–digital arrangements), and consolidates recurrent success factors, including local state capacity, inter-actor coordination, frontline discretion, and policy support. It also highlights persistent challenges such as logistical uncertainty, resource constraints, uneven digital readiness, and governance fragmentation across island territories. The article concludes that mobile/outreach population administration services can substantially improve equitable access to legal identity and strengthen civil rights realization in archipelagic contexts, but only when embedded in capacity-building and geography-sensitive governance arrangements. By integrating fragmented strands of scholarship, the review offers a conceptually grounded framework and policy-relevant implications for designing sustainable and just population administration reforms in island regions.

This study examines the integration of Intellectual Property Rights (IPR) into Corporate Social Responsibility (CSR) as a strategic legal instrument to support the development of the creative economy in Indonesia. The creative economy has become one of the main drivers of national economic growth; however, its development is often constrained by weak legal protection of intellectual property, particularly among micro, small, and medium enterprises. This research employs normative legal research using statutory and conceptual approaches. The findings indicate that the integration of IPR into CSR programs plays a significant role in enhancing legal awareness, strengthening protection of creative works, and promoting sustainable economic empowerment for communities. CSR-based IPR protection not only benefits right holders but also contributes to inclusive development and corporate sustainability. Therefore, strengthening CSR policies oriented toward IPR protection is essential to ensure balanced economic growth and legal certainty in the creative economy sector.

This research discusses the role of the community in the formation of Regional Regulation (PERDA) Number 5 of 2021 in Takalar Regency from the perspective of siyasah dusturiyah. The aim of this research is to analyze: (1) the participation of fishermen in the formation of the PERDA, (2) the government's efforts in the protection and empowerment of fishermen, and (3) the dusturiyah perspective on the formation of the PERDA. The study uses a qualitative approach with field research methods, relying on interviews and observations as data collection techniques. Data processing is carried out through reduction and categorization, and its validity is tested through transferability, dependability, and credibility. The research findings show that fishermen have actively participated in activities organized by the local government. Protection and empowerment of fishermen are carried out in accordance with the mandate of PERDA No. 5 of 2021. The process of forming the PERDA is also in line with the principles of siyasah dusturiyah, such as alignment with the 1945 Constitution and national law, strengthening regional autonomy and decentralization, principles of welfare and social justice, as well as respect for human rights (HAM). Furthermore, it supports public participation, accountability, and the balance of economic development.

Land ownership disputes without rights are a common land issue that disrupts legal certainty for legitimate landowners. Although the national land law system has regulated land registration and the issuance of certificates as forms of legal protection, in practice conflicts are still found between physical possession and legal ownership. This research aims to analyze the legal status of the rightful landowner and the forms of legal protection in land ownership disputes without rights. The research method used is normative legal research with a statutory approach and a conceptual approach, examining Law Number 5 of 1960 concerning Basic Agrarian Regulations, Government Regulation Number 24 of 1997, and Government Regulation Number 18 of 2021. The research results show that land ownership certificates have strong evidentiary power and place the legitimate landowner in a more protected legal position, while unauthorized land possession does not gain legal legitimacy and can be qualified as an unlawful act. Therefore, legal protection for legitimate landowners must be consistently enforced to achieve legal certainty and justice in the field of land ownership.

The Right to Build Certificate (Hak Guna Bangunan/HGB), as evidence of land rights intended to provide legal certainty for right holders, may in practice be revoked through decisions of the State Administrative Court. Such revocation creates legal uncertainty regarding the legal status of the land and the position of the right holder, particularly where the certificate holder is not a party to the proceedings. This research aims to analyze the legal status of land following the revocation of an HGB certificate and to examine the legal remedies available to right holders in order to obtain legal certainty. The research employs a normative juridical approach through a literature review of statutory regulations and court decisions. The findings indicate that following the revocation of HGB Certificate Number B 222 in the name of PT Pertamina (Persero), the land reverts to state land, with Pertamina holding priority rights pursuant to Article 37 paragraph (4) of Government Regulation Number 18 of 2021. However, legal remedies through the priority rights mechanism do not provide absolute legal certainty, as the use of the term “may” reflects governmental discretion rather than a legal obligation. Consequently, legal certainty for PT Pertamina remains conditional and dependent upon administrative discretion, rather than constituting final legal certainty.

This study explores the reconstruction of the abolition of compensation payments to foster justice for convicts, specifically evaluating the intersection between Law No. 31 of 1999 and Law No. 20 of 2001. The research addresses the persistent legal dilemma where state loss recovery mechanisms often overlook the fundamental rights and socio-economic realities of prisoners. Under the current regime, the imposition of substitute imprisonment for unpaid financial obligations is perceived as a "layered punishment" that undermines human dignity and fails to reflect proportional justice. The analysis reveals that the retributive orientation established in Law No. 31 of 1999 results in a "lose-lose" outcome: the state remains uncompensated while the financial burden of correctional costs increases due to extended incarceration. By integrating the fiscal and state financial management principles found in Law No. 20 of 2001, this research proposes a shift toward more proportional and restorative asset recovery. The study concludes that the role of the Prosecutor must be reoriented toward accurate asset tracing and the implementation of humane payment schemes. Future legal reforms must ensure that the state's interest in fiscal restoration does not sacrifice the convict's basic rights, prioritizing distributive justice to create a more humane anti-corruption framework.

This study examines the role of the private sector in collaborative politics to strengthen human security in preventing human trafficking in Kupang City, East Nusa Tenggara Province. Human trafficking is an extraordinary crime that poses serious threats to human security, particularly for Indonesian Migrant Worker Candidates (CPMI) who are highly vulnerable to exploitation and illegal recruitment. The complexity of this issue requires the involvement of multiple actors, including not only the government but also the private sector. This research employs a qualitative descriptive method, with data collected through interviews, observation, and documentation. The research sites include BP3MI East Nusa Tenggara as a government representative and two private companies, PT Bakti Unggul Sejahtera (PT BUS) and PT AKKA AL-MATAR. The analysis is based on the collaborative governance framework proposed by Ansell and Gash, which emphasizes face-to-face dialogue, trust building, commitment to the process, shared understanding, and intermediate outcomes. The findings indicate that collaboration between the government and the private sector plays a significant role in preventing human trafficking through legal recruitment processes, pre-departure training, capacity building, and supervision of labor placement procedures. Although challenges remain in coordination and policy consistency, these collaborative practices contribute positively to strengthening the protection of migrant workers’ rights and security. This study concludes that collaborative politics between the government and the private sector is a crucial strategy in developing a human security–oriented human trafficking prevention system

Gender-based and age-based violence targeting women and children continues to pose a serious challenge to human rights protection in Indonesia. As the principal duty bearer, the state bears the obligation to respect, protect, and fulfill victims' rights through effective protection mechanisms, one of which is the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA). This research analyzes the contribution of UPTD PPA Bandung City in fulfilling the human rights of victims of violence against women and children and maps the obstacles encountered in operational service delivery. The study utilizes a juridical-empirical method with a descriptive-analytical approach. Primary data were gathered through in-depth interviews with UPTD PPA Bandung City representatives in November 2025, whereas secondary data were derived from the examination of legal regulations and relevant scholarly literature. Research findings reveal that UPTD PPA Bandung City managed 382 cases in 2025 by providing complaint mechanisms, assessment procedures, legal and psychological support, counseling services, and shelter facilities. These services demonstrate normative compliance with national legislation and human rights principles, particularly concerning protection, rehabilitation, and access to justice. Nevertheless, service delivery encounters several challenges, including insufficient human resources and facilities, underreporting by victims, and suboptimal cross-institutional coordination. Consequently, strengthening institutional capacity, ensuring adequate infrastructure, developing integrated standard operating procedures, and establishing regional regulatory frameworks are essential to guarantee effective and sustained fulfillment of victims' rights.

The rapid development of digital technology has increased the risk of song copyright infringement, thereby requiring effective and adaptive law enforcement mechanisms. Song copyright, as part of intellectual property rights, is protected under Law Number 28 of 2014 on Copyright, with certain infringements classified as complaint-based criminal offenses. This study aims to analyze the handling of criminal cases of song copyright infringement by Civil Servant Investigators at the Regional Office of the Ministry of Law in West Java and to evaluate the effectiveness of their enforcement practices. The research employs a normative-empirical method with a descriptive-analytical approach, combining statutory analysis with empirical data obtained through interviews and field observations. The findings reveal that case handling is conducted through structured stages, including complaint submission, preliminary examination, mediation, and follow-up actions. Mediation constitutes the primary mechanism for dispute resolution, reflecting the application of the ultimum remedium principle and a restorative justice approach. Although the procedural framework has been implemented in accordance with applicable regulations, enforcement effectiveness remains constrained by limited human resources, budgetary limitations, insufficient technical capacity, low public legal awareness, and inadequate inter-agency coordination. These results underscore the importance of strengthening institutional capacity and enhancing enforcement effectiveness to ensure sustainable protection of song copyright.