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Pitaloka Alif Savitri; Erna Susanti; Setiyo Utomo

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid growth of Indonesia’s digital economy has created opportunities while simultaneously increasing the risk of monopolistic practices and unfair business competition. To address these issues, the Business Competition Supervisory Commission (KPPU) introduced behavioral remedies as an alternative dispute settlement mechanism. This study aims to analyze the effectiveness of behavioral remedies in cases of market control and abuse of dominant position. The research employs a doctrinal legal method. Effectiveness is assessed through two main indicators, namely the restoration of market conditions and the prevention of repeated violations. The findings show that this mechanism is generally effective in restoring competition and preventing recurrence, as demonstrated in several KPPU cases, including Case No. 04/KPPU-I/2024. However, its effectiveness remains conditional, as the mechanism is reactive, does not impose fines, and is monitored only for a relatively short period. Moreover, although KPPU Regulation No. 2 of 2023 regulates this mechanism, it does not provide sufficient legal explanation regarding the classification of articles that are permitted. Therefore, stronger monitoring and more detailed legal clarification are required to ensure the sustainable effectiveness of this mechanism in maintaining fair competition.

Silalahi, Wilma; Putri, Mutiara

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The digital transformation of public administration in recent decades has reshaped government service delivery, particularly through the adoption of technology as a tool to enhance transparency, efficiency, and accountability. The implementation of the Online Single Submission–Risk Based Approach (OSS-RBA) represents Indonesia’s strategic effort to create an integrated licensing framework aligned with the principles of good governance. This study aims to analyze the forms of administrative responsibility in digital-based licensing services under OSS-RBA and examine the accountability mechanisms applicable when system failures affect legal certainty for business actors. The research employs a normative juridical method using statutory, conceptual, and case approaches through the examination of regulations, doctrines, and administrative court decisions. The findings indicate that digitalization does not alter the core of governmental responsibility, as every decision generated by the system is legally attributed to the competent administrative authority. The implementation of OSS-RBA still faces obstacles such as system errors, data inconsistencies between institutions, and delays in technical verification, all of which directly affect legal certainty and the quality of public services. Furthermore, internal and external oversight mechanisms are not yet fully effective in preventing maladministration, including unreasonable delays and inaccuracies in automated decision-making. The study also shows that business actors require more responsive administrative remedies to prevent technological risks from shifting entirely onto them. Therefore, this research concludes that the effectiveness of OSS-RBA depends on strengthening institutional capacity, harmonizing regulations, and ensuring the consistent application of good governance principles throughout all stages of digital licensing administration.  

Adinda Marsha; Najwa Nur; Ahmad Azmi

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Consumer protection is an important pillar in ensuring fairness and balance in the relationship between business actors and consumers, including for foreign nationals who transact in Indonesia. Economic globalization and digital developments are expanding the range of cross-border economic activities that demand the presence of an inclusive legal protection system that is adaptive to modern trade dynamics. This research aims to analyze consumer protection for foreign nationals in Indonesia through juridical and sociological approaches to understand the implementation of legal norms, the effectiveness of dispute resolution mechanisms, and the social realities faced by foreign consumers in practice. The research method used is normative legal research with a legislative approach and a sociological approach through the analysis of the literature, regulations, and empirical findings from various studies related to cross-border consumer protection. The results of the study show that although normatively Law Number 8 of 1999 concerning Consumer Protection guarantees equal rights for all consumers, in practice there are still administrative, cultural, linguistic, and information access obstacles experienced by foreign citizens. These findings affirm the importance of harmonizing consumer protection policies with the principles of global justice, accessibility, and non-discrimination.

Hernawati, Hanifah Linda

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rampant circulation of illegal drugs involving children as drug couriers is an issue that requires serious attention from the government, law enforcement agencies, and the wider community. It is important to note that children who commit criminal acts must still receive legal protection in order to ensure their best interests. This study aims to examine the forms of criminal liability and legal protection provided to children who act as drug couriers. The method used in this paper is normative juridical. The results of the study show that children who commit narcotics crimes, especially as couriers, can be charged under Law Number 35 of 2009 concerning Narcotics, but special provisions stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System must still be taken into account. An example of legal protection is the reduction of prison terms, as decided by the Denpasar District Court. This consideration was given because the child defendant was still underage, had an unstable psychological condition, and needed supervision and counseling to prevent recidivism. Leniency in sentencing is also important to protect children's rights.

Sefika Pradana

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The growth of digital transactions has made it easier for people to buy goods or services, including concert tickets. However, this convenience also increases the risk of fraud, especially through social media. The case of Golden Disc Award (GDA) 2024 ticket fraud on Twitter shows a systematic modus operandi, such as the use of fake accounts and identities, suspiciously cheap ticket prices, and the transfer of communication to private platforms. Victims suffer material and psychological losses, while perpetrators often disappear after receiving payment. Legally, these actions violate Article 378 of the Criminal Code, the Electronic Information and Transactions Law, and consumer rights as stipulated in the Consumer Protection Law (UUPK). This study emphasizes the importance of consumer protection in digital transactions, strengthening regulations, and improving public digital literacy to prevent fraudulent practices. Collaboration between the government, law enforcement agencies, concert organizers, digital platforms, and consumers is key to improving the security of online transactions.

Rika Noviantini; Hidayati Hidayati

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Doctors play a crucial role in determining the quality of healthcare services and in upholding the right to health as guaranteed by the constitution and international human rights frameworks. Despite this essential role, medical practice continues to encounter significant challenges, including disparities in medical education quality, inadequate competency assessment mechanisms, and limited integration of professional ethics, discipline, and scientific standards within the health legal system. These issues create risks to patient safety and undermine public trust in medical services. This research analyzes the urgency of health law reform to ensure physician competence and proposes an integration model that unites ethics, discipline, and scientific foundations as the core pillars for equitable and welfare-oriented medical professional governance. Using a normative legal research method, this study adopts legislative, conceptual, and comparative approaches. Primary and secondary legal materials are examined qualitatively through doctrinal studies, normative analysis, and comparisons with governance practices of the medical profession in other countries. The study finds that health law reform should prioritize strengthening regulations on competency standards, transparent certification and periodic recertification systems, as well as integrated professional oversight that aligns ethics, discipline, and legal accountability. The proposed integration model serves as a framework to ensure that every physician maintains measurable competence, adheres to professional ethics, and upholds clear legal responsibilities in clinical practice. Reforming health law through such integration is a strategic step to enhance medical service quality, reinforce patient protection, and advance global justice and welfare.

Muhammad Andriansyah; H.R. Adianto Mardijono

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Legal protection for consumers is a crucial element in the legal relationship between business actors and the public, particularly in high-risk service sectors such as gas stove repair services. In practice, many consumers still experience losses due to negligence by service providers, whether caused by inadequate technical handling or insufficient information regarding the condition of the stove after repairs. This study aims to identify and analyze the forms of legal protection available to consumers who suffer losses as a result of such negligence, as well as to determine the types of legal liability that may be imposed on gas stove repair service providers. Using a normative legal research method, this study applies both legislative and conceptual approaches. The legislative approach examines relevant laws and regulations concerning consumer protection, while the conceptual approach analyzes legal principles and expert doctrines related to liability. The findings indicate that consumer protection is provided in two forms: preventive protection, which ensures product and service safety in accordance with Indonesian National Standards (SNI), and repressive protection, which is implemented through enforcement mechanisms such as claims for compensation or dispute resolution through the Consumer Dispute Settlement Agency (BPSK) or the courts. Business actors who commit negligence in providing repair services can be held legally responsible based on the principles of negligence or strict liability. To strengthen consumer protection, the study recommends the establishment of derivative regulations concerning technician certification, standardized repair service procedures, and integrated supervision of safety compliance within the gas stove repair service industry.

Zahwa Anzhella Pasya; Syarifah Annas Tasya; Juwita Widianingrum; Anis Muslikhah; Ahmad Mustain Nasoha

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

 Islamic boarding schools (pesantren) play a strategic role in shaping the character, morality, and spirituality of the Indonesian nation as traditional Islamic educational institutions that have long contributed to social and religious life. Although their existence has been legally recognized through Law Number 18 of 2019 on Pesantren, the integration of Pancasila values into pesantren curricula continues to face several challenges, particularly in aligning these values with the provisions of the National Education System Law (UU Sisdiknas). This study aims to analyze the legal standing of pesantren within the national education system, identify opportunities and obstacles in implementing Pancasila Education in pesantren environments, and formulate policy recommendations that strengthen the internalization of national values. Using a normative juridical approach, this research examines national education regulations and religious education frameworks to understand the role of pesantren in supporting national development based on Pancasila. The findings of this study are expected to serve as a reference for the government, education stakeholders, and pesantren administrators in optimizing the role of pesantren as centers of character and civic development, as well as enhancing public understanding of the importance of harmonizing religious education with national civic education.

Silalahi, Wilma; Antonio, Michelle Linda

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The reform of criminal investigation procedures has become a crucial aspect of Indonesia’s criminal justice system renewal, particularly following the enactment of the new Criminal Code, which introduces significant shifts regarding the rights of suspects, investigative authority, and the implementation of due process of law. In an era of rapid digital development, investigative practices must also incorporate the principles of good governance and human rights protection to ensure that state authority is exercised proportionally. This study aims to analyze the relevance of the principles of good governance in modern investigative processes, assess the adequacy of due process guarantees under the current Code of Criminal Procedureand the new Criminal Code, and identify practical challenges in application. Using a normative legal research method through statutory, conceptual, and comparative approaches, the study finds that criminal investigations in Indonesia continue to face issues such as normative inconsistency, regulatory disharmony, and weak accountability mechanisms. The integration of the principles of good governance has the potential to strengthen the quality and fairness of investigations, yet requires clearer normative foundations and consistent implementation. Moreover, the new Criminal Code does not fully resolve harmonization issues with Code of Criminal Procedure, making procedural reform an urgent necessity. The findings contribute to the enhancement of suspect protection, professionalism among investigators, and the overall improvement of Indonesia’s criminal justice system.

Andy Hermawan; Joni Apriyanto; Ahmad Yusuf Malik; Imam Himawan

Nusantara Mengabdi Kepada Negeri 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of information technology has encouraged various educational institutions, including non-formal education providers, to utilize digital media as an effective means of information dissemination and communication with the wider community. Taman Pendidikan Al-Qur’an (TPQ) Jabal Annur, located in Tambun Selatan, Bekasi Regency, still experiences limitations in delivering information to the public due to the absence of a website-based information medium. Currently, information related to the institutional profile, learning activities, schedules, and official announcements is conveyed through conventional methods, which are less effective and have limited reach. Therefore, this community service activity aims to assist TPQ Jabal Annur in developing a simple, functional, and accessible information website using HTML and CSS, as well as deploying it through the GitHub Pages platform. The implementation method consists of several stages, including initial observation to identify partner needs, website interface and content design, website development, and implementation and deployment. The result of this activity is an official TPQ website that can be accessed online and functions as a centralized information medium for students, parents, and the surrounding community. The availability of this website is expected to enhance the effectiveness, accuracy, and accessibility of information delivery, as well as to support the digital transformation process in non-formal religious education institutions in adapting to the demands of the digital era.

Desvita Laura; Jufri Sani Akbar; Yang Meliana; Rahmadiah Rahmadiah; Yoga Saputra

Nusantara Mengabdi Kepada Negeri 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Community Service Program (Kuliah Kerja Nyata / KKN) is a form of higher education’s commitment to applying academic knowledge in real-life settings to empower rural communities sustainably. This KKN program was conducted in Nangka Village, Air Gegas District, Bangka Selatan Regency, focusing on strengthening economic innovation and legal education to improve community welfare. The activities were implemented through a participatory approach consisting of initial observation, collaborative planning with village authorities and target groups, program implementation such as MSME mentoring, digital marketing training, legal awareness sessions, social outreach, and participatory evaluation. The results revealed improvements in local entrepreneurs’ capacity to market their products digitally, enhanced legal awareness among villagers, increased skills and participation of local youth in economic and social activities, and the emergence of sustainable initiatives supported by the village government. In conclusion, integrating economic innovation with legal education through KKN has proven effective in enhancing community welfare and strengthening inclusive and sustainable village empowerment.

I Gede Arta

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to determine (1) the forms of legal protection that exist in Indonesia in protecting children from negative visual and verbal content in online games, and (2) the legal responsibility of online game electronic system organizers for exposure to negative visual and verbal content in children. The type of research used is normative juridical with a statutory and conceptual approach. The data used are secondary data obtained through document studies, with qualitative descriptive analysis techniques. The results of the study show that legal protection for children from negative visual and verbal impacts in online games is regulated through various regulations, including Law Number 35 of 2014 concerning Child Protection, Law Number 11 of 2008 concerning Electronic Information and Transactions, Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, and Regulation of the Minister of Communication and Information Technology Number 5 of 2021 and Number 2 of 2024. However, its implementation still faces obstacles such as weak age verification, non-objective independent classification, and easily circumvented language filtering. The legal responsibility of online game electronic system organizers for negative visual and verbal content on children can result in administrative or criminal sanctions, according to the Child Protection Law and iRegulation of ithe Minister iof Communication and Information Technology Number 5 of 2021.

Pesona Bias Pelangi Karina Putri

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Child exploitation is a serious violation of human rights that involves children as victims. In Indonesia, such cases frequently occur due to severe economic pressure, lack of education, weak social supervision, and inadequate law enforcement. Children are often used as laborers or sources of income, either directly in the informal sector or through digital media. This study aims to examine how the juvenile criminal justice system in Indonesia addresses cases of child exploitation and to evaluate the effectiveness of legal protection for child victims. The research employs a normative juridical approach by referring to statutory regulations and relevant legal concepts. Data were collected from various primary legal sources, including the Child Protection Law and the Juvenile Criminal Justice System Law. The findings indicate that although legal regulations are relatively clear and firm, their implementation in practice remains problematic. Coordination among institutions is not yet effective, social rehabilitation for victims is insufficient, and public awareness regarding children’s rights remains low. Law enforcement also has not fully prioritized the restorative justice approach, which emphasizes victim recovery and active community involvement. Therefore, stronger and more integrated legal policies, improved law enforcement capacity, and the empowerment of families and communities are required to ensure sustainable child protection.

Nia Lestina; Nur Fadilah Sari; Siti Maisyurah; Adolfina Durian; Carini Carini

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The death of Diplomat Arya Daru has opened up a space for reflection on the extent to which the state has fulfilled its investigative obligations to guarantee the right to life and the right to truth, as fundamental human rights. The delay and secrecy of the investigation indicate institutional accountability issues and weak mechanisms for protecting the rights of victims and their families. This study uses a doctrinal legal approach to examine the state's position through the perspectives of positive obligations theory and distributive justice, which emphasize the state's active obligation to protect, disclose, and restore citizens' basic rights. The analysis shows that the lack of transparency in the investigative process not only violates the principle of justice but also reflects inequality in the distribution of legal protection. The state should ensure that justice does not stop at the formal level but is realized through transparent, independent investigations based on factual truth. In the context of human rights, the state's passive attitude towards alleged violations of the right to life can be interpreted as a denial of its constitutional and moral responsibilities. This study emphasizes that fulfilling the right to truth is an integral part of distributive justice and is non-negotiable. Thus, the Arya Daru case is an important indicator for assessing the state's seriousness in realizing a legal system that is just, accountable and oriented towards respecting human dignity.

Ninin Armianti Natsir; Santy Isma Handikasari; Nurul Fajriani; Ryan Asprimagama; Surez Taruna Pramata +1 more

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Our country is known as a nation that upholds human rights values. This is manifested in the recognition of the right to express opinions, which is specifically regulated in Law Number 9 of 1998 concerning Freedom of Expression in Public. Along with the increasing dynamics of political contestation and polarization in society, the frequency of demonstrations has also escalated. This condition places the professionalism and neutrality of the police force under increasing public scrutiny. The reduction in citizens' freedom to express their aspirations often creates a negative image of the police, particularly due to repressive actions and the use of discretion that is deemed disproportionate. Based on a normative juridical approach, this study aims to analyze the extent to which the state upholds access and protection of freedom of expression in public, as well as examine the application of human rights principles from both national and international legal perspectives in demonstrations

Anissa Nur Fadhilah; Nabila Khusnul Hidayah; Fatimatusholikhah Fatimatusholikhah; Hanifah Rahmawati

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Islamic boarding schools (pesantren) are religious institutions focused on education, the dissemination of Islamic knowledge, and the propagation of Islamic propagation, as well as serving as centers for the development of religious thinkers. Furthermore, pesantren also serve as platforms for human resource development and empowerment for alumni, families, and the wider community. This research aims to collect data to uncover fundamental issues arising from phenomena, realities, and experiences, thereby providing a diverse range of knowledge regarding the life and practice of pesantren-based economic empowerment. Economic empowerment is understood as both a process and a goal. As a process, economic empowerment encompasses a series of efforts to improve the economic capabilities and strengths of vulnerable communities to improve their quality of life. As a goal, economic empowerment represents the desired condition or outcome and serves as a measure of the success of the process. To realize an empowered people's economy, three main elements are required: production potential, distribution potential, and consumption potential. These three elements constitute concrete and applicable steps for effectively implementing community economic empowerment. By considering these three potentials, empowerment can be implemented in a focused and sustainable manner. Pesantren, in their historical and cultural dynamics, play a vital role in the life of the nation. Therefore, Islamic boarding schools have the capacity, both in quality and quantity, to contribute and play a significant role in efforts to empower the community's economy.

Kiki Rustyanti; Rahmawati Al Hidayah; Alfian Alfian

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research discusses the urgency of establishing a Village Regulation regarding the management of Tuah Benua Market to identify legal issues and the urgency of forming a village regulation. Minister of Home Affairs Regulation Number 42 of 2007 concerning Village Market Management does not specifically regulate market fees, sanctions, and prohibitions on trading outside Tuah Benua Market, resulting in a legal vacuum. This research uses empirical legal methods with direct observation and interviews in the field. The research results are expected to provide recommendations for the formation of effective Village Regulations in the management of Village Markets and support local economic development. The formation of a Village Regulation on the management of Tuah Benua Market is crucial to create legal certainty and improve the management of the Village Market. Village Regulations can regulate prohibitions on trading outside the market area, sanctions for traders who violate, and market fee policies. Thus, Tuah Benua Market can become a orderly, conducive, and beneficial trading center for the surrounding community. Village Regulations must be made considering the needs of the village community and implemented effectively to create a conducive and fair trading environment.

Niken Retno Wulandari

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study discusses the basis of Indonesian society’s obligation to comply with the Marriage Law (UUP) as a manifestation of obedience to both state law and religious teachings. The study arises from the reality that, despite the UUP and the Compilation of Islamic Law (KHI) serving as the legal foundation for marriage in Indonesia, many still violate its provisions, such as through unregistered (siri) marriages. Using a normative juridical approach and qualitative descriptive analysis, this research examines the juridical, philosophical, and sociological foundations of legal obedience to the UUP and its implications for family and social life. The findings show that juridically, obedience to the UUP is grounded in the principle of legality and state sovereignty; philosophically, it reflects the values of Divinity and Humanity embodied in Pancasila; and sociologically, it functions as social engineering to protect women and children while ensuring social order. Compliance with the UUP therefore holds not only legal but also moral and spiritual significance, serving as a means to achieve harmonious families, social order, and a just nation.

Ayu Purnamasari

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of artificial intelligence capabilities has the potential to facilitate the implementation of preventive measures. In order to mitigate potential risks, this study seeks to examine the legal status of artificial intelligence in Indonesia. The potential for artificial intelligence to function as both the subject and object of law is a salient factor in this analysis. The methodological approach employed is of a normative or doctrinal nature, emphasizing a comprehensive examination of the legal perspective on artificial intelligence. This study encompasses the objectives of progressive legal theory, the theory of legal subjects and objects, and the legal norms that apply in Indonesia. The results of the study indicate that in Indonesia, the prevailing legal framework regarding artificial intelligence (AI) currently categorizes it as an object of law. This implies that the owner, developer, and user of AI bear full responsibility for any consequences that may arise from its use. Advances in technology have led to the development of artificial intelligence capable of performing legal actions that were previously exclusive to humans. Consequently, the establishment of specific regulations pertaining to artificial intelligence is imperative to ensure legal certainty in the future.

Johari, Abdullah Ahmad; Pratama, M. Andra; Hendriansyah, Nicholas Ferdy; Rizha Claudilla Putri

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Civil relations are not limited to the national sphere, but can also transcend national borders. These relations have existed since ancient Greece and continue to develop today. These transnational relations can give rise to legal issues, such as whether the relationship truly falls within the scope of international relations, the laws that apply to the relationship, and how disputes are resolved using which legal system. The purpose of this study is to analyze the Garuda vs. Rolls Royce case, which is part of international civil relations, raising the question of how this case can be included in the scope of international civil law studies and how one of the international conventions governing transnational civil law principles, namely UNIDROIT, can be applied. This study uses a normative approach that compares national and transnational legal systems to provide perspective on the case and a case approach that clearly explains the Garuda vs. Rolls Royce case, starting from the chronology and analyzing the case from the perspective of international civil law principles The results of this study found that this case falls under the scope of international civil law, where international civil law principles such as UNIDROIT can be applied in order to make progressive legal changes in regulating international civil relations to ensure legal protection and certainty for legal subjects. The implications of this research can be a catalyst for progressive legal changes in regulating international civil relations to ensure legal protection and certainty for legal subjects.