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Dini Ayu Amalia; Shabrina Arriby Leone; Jauza Alya Yurindhiya; Romadi Romadi; Dimas Anggoro

SOSIAL: Jurnal Ilmiah Pendidikan IPS 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study examines the impact of Dutch Military Aggression I (1947) and Dutch Military Aggression II (1948–1949) on the political development of Indonesia during the early years of independence. Employing the historical method (heuristics, source criticism, interpretation, and historiography) and a qualitative diachronic-synchronic approach, the research analyses primary and secondary sources concerning internal political dynamics and the Republic of Indonesia’s international relations in the period 1947–1949. The findings reveal that both Dutch military aggressions paradoxically served as crucial catalysts for the acceleration of national political consolidation and maturation in Indonesia. The First Aggression triggered international condemnation, transformed the Republic’s status from “rebels” to a sovereign state defending its independence, strengthened national solidarity, and gave birth to the integration of armed struggle and diplomacy—the precursor to the Total People’s Defense doctrine. Meanwhile, the Second Aggression, marked by the occupation of Yogyakarta and the arrest of republican leaders, led to the establishment of the Emergency Government of the Republic of Indonesia (PDRI), closer civil-military coordination, unification of political parties and societal organizations, and heightened global pressure that ultimately resulted in the recognition of sovereignty in 1949. Overall, Dutch military pressure expedited the transformation of political structures, bolstered the legitimacy of the Republican government, and secured both de facto and de jure recognition of Indonesian independence.

Fania Sella Farahma; Adzkiyak Adzkiyak

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The United States is often called the "land of the free" and the "land of opportunity," but its history is also rife with discrimination and injustice. This abstract explains how racism and inequality have shaped American society throughout the ages. This discrimination began with the system of slavery imposed on African Americans in the 17th century. This system not only took away their freedom but also placed them in a highly unfair situation. After slavery ended, discrimination persisted through Jim Crow laws, which allowed for racial segregation in areas such as education, transportation, and public services. Additionally, other groups such as Native Americans, Asian immigrants, and Latino communities also faced oppression. Native Americans' ancestral lands were confiscated, and they were forced to relocate to reservations. Asian immigrants experienced unfair treatment, including bans on entry and exclusion. Although the Civil Rights Movement of the mid-20th century successfully eliminated many laws that discriminated against, injustice persists. Systematic forms of racism are still evident in economic inequality, the way the law is administered, and disparities in access to education and adequate housing. Thus, American history is a story of the ongoing effort to realize the promise of justice for all its people, a process that continues to this day.

Teguh Wicaksono

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

Digital transformation in the land sector is part of the state’s efforts to enhance efficiency, transparency, and legal certainty within the land registration system. One of the strategic policies implemented is the issuance of electronic land certificates as a substitute for conventional certificates. However, the implementation of electronic land certificates raises several legal issues, particularly concerning their evidentiary value and the guarantee of legal certainty for holders of land rights. This article aims to analyze the legal regulation of electronic land certificates within Indonesia’s land registration system, examine their evidentiary strength in civil disputes, and identify the legal and technical challenges in their implementation. The research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that electronic land certificates have a valid legal basis and possess evidentiary strength equivalent to that of conventional certificates, provided that the principles of validity and security of electronic systems are fulfilled. Nevertheless, their implementation still faces challenges related to technological infrastructure readiness, public legal literacy, and potential vulnerability to cybercrime. Therefore, strengthening technical regulations, enhancing system security, and conducting continuous public dissemination are necessary to ensure legal certainty for holders of electronic land certificates.

Atika Zahira Darmawan; Syamsul Hidayat

Jurnal Manajemen Kreatif dan Inovasi 2026 International Forum of Researchers and Lecturers

This study examines the development of scientific publications on the topic of competency development and performance of the State Civil Apparatus (ASN) in Indonesia in the period 2014–2024 using a bibliometric analysis approach. The researcher uses data from scientific articles that have been published and meet the research criteria. Data was obtained from the Google Scholar database with the help of the Publish or Perish application, then analyzed and visualized using VOSviewer to identify publication patterns, research trends, and linkages between topics. From the entire series of article processing processes, 339 scientific publications were identified with a total of 3,460 citations. The results of the analysis show a significant increase in the number of publications, from one publication in 2014 to 103 publications in 2024. The keyword analysis grouped the articles into six main clusters, with the topic "ASN" as the most dominant theme discussed. These findings show increasing academic attention to the development of ASN competencies and performance as an important part of bureaucratic reform, increasing the professionalism of the apparatus, and efforts to improve the quality of public services in Indonesia.

Yulius Efendi

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

Land sale and purchase agreements are legal acts frequently carried out in social practice. However, such agreements are often executed under hand without the involvement of authorized officials as required under land law. The practice of under-hand land sale and purchase gives rise to various legal issues, particularly concerning the validity of the agreement, the transfer of land rights, and legal protection for the parties in the event of disputes. This article aims to analyze the legal status of under-hand land sale and purchase agreements from the perspectives of civil law and land law, examine the legal consequences arising from such agreements on the transfer of land rights, and review the forms of legal protection available to the parties. The research method employed is normative juridical, using statutory and conceptual approaches. The findings indicate that under-hand land sale and purchase agreements may be considered valid under civil law as long as they fulfill the legal requirements of a valid agreement; however, they do not automatically result in the transfer of land rights under land law. Consequently, the legal position of the buyer becomes weak in the event of a dispute. Therefore, public legal awareness and the role of the state in strengthening dissemination and enforcement of land law are necessary to ensure legal certainty and protection.

Dwi Nuha Nabilah; Siti Nurlaila; Suci Aulia; Nurmala Sari

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study analyzes the effectiveness of installed supervision (Waskat) by the Sub-district Head on the performance of employees at the Bukit Kapur District Office, Dumai City, in the midst of the demands of public service accountability. The background involves local bureaucratic challenges such as resource constraints and employee resistance. Using a qualitative approach with field observation for two weeks (15-29 December 2025), including in-depth interviews with 5 employees and 2 community informants, plus data triangulation from attendance records and performance reports, it was analyzed thematically. The results revealed attendance increased to 95%, absenteeism decreased by 2%, and work output increased from 50 to 65 permit documents each week. Quotes such as "Direct supervision motivates me" (Employee A, 2025) affirm the preventive role of Waskat, despite obstacles such as over-tasking, in line with Fauzan (2024) on civil servant governance. The discussion highlighted Waskat as a tool for local bureaucratic reform. This conclusion affirms the effectiveness of Waskat in improving performance, recommending humanistic and digital adaptation. Policy implications for local governments, with suggestions for future studies using a larger sample.

Tamaaulina Br. Sembiring; Zavfirah Alya; Sinta Grace Ika Sianturi

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Family disputes over inheritance are a common social and legal issue in Indonesian society, often leading to long-term conflicts and even legal battles. This situation is influenced by the complex legal system of inheritance in Indonesia, which is pluralistic and includes Western civil law, Islamic law, and customary law. It is further complicated by social, cultural, economic, and psychological factors among the heirs. This study aims to analyze the causes of family disputes in inheritance distribution and examine the role of law in providing certainty, fairness, and benefits for all parties involved. The research method used is normative legal research with a jurisprudential approach, through the study of relevant legal regulations, legal doctrines, and court decisions. The findings show that inheritance disputes are generally caused by unfair distribution of assets, differing interpretations of law, conflicts between customary law, religious law, and national law, as well as poor communication and lack of transparency within the family. Therefore, resolving inheritance disputes requires not only the enforcement of law in a normative manner, but also non-litigious approaches such as mediation, family consultation, and increased legal awareness to maintain family harmony and legal certainty.  

Novita Wulan Sari; Ernu Widodo; Sri Sukma Damayanti

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Unregistered marriage (nikah siri) in Indonesia refers to marriages conducted in accordance with Islamic religious law but not officially recorded by the state. This legal gap creates significant challenges, particularly concerning the legal status of wives, children, and marital property. This study employs a normative juridical research methodology to examine the legal consequences of unregistered marriages on the positions of wives, children, and property, as well as to analyze the forms of legal protection available for children born from such marriages. The findings reveal that wives in unregistered marriages lack legal protection comparable to those in registered marriages, including rights to marital property, alimony, and inheritance. Children born from these unions initially possess legal relationships only with their mothers and maternal families. However, Constitutional Court Decision No. 46/PUU-VIII/2010 established a legal pathway for children to establish civil relationships with their biological fathers through scientific evidence such as DNA testing. Despite this judicial development, practical implementation faces considerable obstacles including evidentiary difficulties, social stigma, and limited access to legal remedies. This research concludes that active state intervention and institutional support remain essential to safeguard children's fundamental rights, including identity, inheritance, and protection from legal and social discrimination.

Firman Syah Permadi; M. Taufik; Sri Sukmana Damayanti

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the criminal liability of perpetrators of fraud through bounced checks and the legal protection provided to victims. The study focuses on Decision Number 1698/Pid.B/2022/PN Sby, in which the defendant was found guilty of fraud under Article 378 of the Indonesian Criminal Code (KUHP). Using a normative juridical approach through literature study with statutory and conceptual approaches, the findings demonstrate that the panel of judges correctly applied the elements of fraud, including malicious intent (mens rea), the use of deception or a series of lies, and actual loss suffered by the victim. The judge's legal considerations have reflected the principles of legality, justice, and legal certainty in criminal law. Legal protection for victims can be pursued through both criminal and civil legal remedies, where victims may report to police for criminal prosecution under Article 378 KUHP and claim compensation through civil breach of contract lawsuits. Law enforcement against perpetrators is carried out through repressive and preventive criminal sanctions. This decision confirms that bounced check fraud is not merely a civil breach of contract but can be classified as a criminal offense when accompanied by malicious intent to deceive others.

Fanisa Asyatilah Rusli; Dhiaul Azkiya; Putri Zahra Maulidina; Fajar Caesar; Neng Sri Suryati

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The development of Artificial Intelligence (AI) has significantly influenced the formation of contracts in civil law, particularly through the automation of clause drafting, risk analysis, and the standardization of contractual documents. The use of AI in contract drafting raises complex legal issues, especially concerning the validity of agreements and the attribution of legal liability in the event of default. This study aims to analyze the validity of contracts created through Artificial Intelligence from the perspective of Indonesian civil law and to examine models of legal liability in AI-based contracts. This research employs a normative legal method with statutory and conceptual approaches, examining the provisions of the Indonesian Civil Code, particularly Article 1320, as well as legal doctrines and scholarly perspectives on digital contracts and AI. The findings indicate that AI-based contracts are, in principle, legally valid as long as they fulfill the requirements of a valid agreement, namely the consent of the parties, legal capacity, a specific object, and a lawful cause. Artificial Intelligence cannot be positioned as a legal subject because it lacks intent, consciousness, and the capacity to bear rights and obligations, and therefore functions solely as a technological tool. Consequently, legal intent and liability remain attached to the human or legal entity that uses, controls, or benefits from AI. This study also emphasizes that the primary challenge of AI-based contracts lies in the absence of specific legal regulations governing the allocation of liability among AI users, system providers, and developers, particularly when default occurs due to algorithmic errors or system failures. Therefore, clearer, adaptive, and comprehensive regulations are required to ensure legal certainty, protect the parties involved, and maintain a balance between technological innovation and the principles of justice in AI-based contractual practices in Indonesia.

Paulus Dominggu Soplanit; M. Syahrul Borman; Dedi Wardana Nasution

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Oral loan agreements remain a prevalent form of contract in Indonesian society, particularly within familial relationships, friendships, and informal financial transactions. This study aims to examine the legal standing of oral loan agreements under the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata/KUHPerdata) and to analyse the evidentiary mechanisms applicable in cases of default (wanprestasi). This research employs a normative juridical approach, utilising secondary data sources comprising legislation, legal doctrines, and relevant court decisions. The findings indicate that oral loan agreements are legally valid and binding provided they satisfy the requirements stipulated in Article 1320 of the Civil Code, namely mutual consent, legal capacity, a specific object, and a lawful cause. However, the fundamental weakness of such agreements lies in the evidentiary challenges that arise during dispute resolution. In the absence of written documentation, proof of the agreement's existence and content must rely on alternative forms of evidence, including witness testimony, acknowledgement by the parties, bank transfer records, receipts, electronic communications, and circumstantial evidence as recognised under Article 1866 of the Civil Code and the Electronic Information and Transactions Law. The success of claims in default cases largely depends on the strength, consistency, and relevance of the evidence presented. This study concludes that while oral agreements possess full legal force, parties are strongly advised to document loan transactions in writing or secure supporting evidence to ensure greater legal certainty and facilitate effective dispute resolution.

Husnul Khowatim; Nurul Wasilatur Rofi’ah; Intan Permata Sari; Salman Farisi; Karisma Putri Noviana +1 more

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The capital market plays a strategic role in supporting national economic growth through its function of raising funds and providing investment vehicles for the public. However, the integrity of the capital market is often threatened by the practice of insider trading, which involves securities transactions conducted using material, non-public information by certain parties for personal gain. This practice violates the principles of fairness and transparency and has the potential to harm public investors and undermine confidence in the capital market. This study aims to analyze the law enforcement mechanisms for insider trading in the Indonesian capital market and examine legal protection efforts for investors. The research method used is qualitative research with a descriptive approach through a literature review of laws and regulations, scientific journals, books, and publications from the Financial Services Authority (OJK) and the Indonesia Stock Exchange. The results indicate that law enforcement against insider trading is carried out through mechanisms of supervision, investigation, and the imposition of administrative, civil, and criminal sanctions. However, the effectiveness of law enforcement still faces various challenges, particularly in proving the use of insider information and the complexity of transaction technology. Furthermore, insider trading negatively impacts investor confidence and capital market stability. Investor protection efforts are implemented through a preventative approach, including information disclosure, supervision, and investor education, as well as a repressive approach through legal sanctions, dispute resolution, and whistleblower protection. This research is expected to provide theoretical contributions to the development of capital market law and practical recommendations for strengthening law enforcement and investor protection in Indonesia.

Fauziah Nur Ariza; Ahmad Fadly Rahman; Anisyah Khoiroh Rangkuti; Yudia Audriva; Anisa Amelia Putri +3 more

jurnal Riset Rumpun Agama dan Filsafat 2026 Pusat Riset dan Inovasi Nasional

The importance of worship in shaping the character of a Muslim is the purpose of this study. Worship is considered the main way to guide and direct a person towards a better, balanced, and moral life. This study was conducted using a qualitative approach and data collection techniques through literature research on relevant Islamic literature and sources. The data were analyzed descriptively to examine the relationship between character building and the practice of worship in the life of a Muslim. The results of the study indicate that worship that is performed correctly, sincerely, and in accordance with the requirements of Islamic law plays a significant role in shaping noble character or morals. Worship enhances the vertical relationship between humans and Allah SWT. It also influences the way we behave towards others in our daily lives. Good morals will help a person maintain harmonious relationships with others, foster mutual respect, honesty, and social responsibility, which in turn will result in a better and more civilized society.

Muhammad Rayhan Putera; M. Junaidi

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Aceh Sharia Court is a special judicial institution formed based on the specifics of Aceh as regulated in the Aceh Government Law. The existence of the Aceh Sharia Court has juridical consequences for the exercise of judicial power which was previously exercised by the Religious Courts. This research aims to analyze the position of the Aceh Sharia Court in the national justice system and examine its power in replacing the authority of the Religious Courts in handling cases related to Islamic law. The research method used is normative legal research. The research results show that the Aceh Sharia Court has an equal position to the Religious Court in the judicial power structure, but has broader authority because it covers Islamic civil cases, sharia criminal (jinayat), and sharia procedural law. This transfer of authority does not eliminate the existence of the Religious Courts nationally, but creates a special justice system that only applies in the Aceh region. The position of the Aceh Sharia Court strengthens the implementation of Islamic law within the framework of the Unitary State of the Republic of Indonesia and remains under the guidance of the Supreme Court.

Aidil Fitrah; Bella Amanilla; Rafidi Rafidi; Agus Rifki Ridwan

Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat 2026 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Learning and teaching from the perspective of the Qur'an are not only understood as intellectual activities, but also as spiritual, emotional, and moral processes that shape the whole human personality. Learning is an obligation for every individual to develop their human potential and get closer to Allah SWT, while teaching is seen as worship and a social responsibility in spreading knowledge and good values. This study aims to examine the interpretation of the verses of the Qur'an related to the obligation of learning and teaching, namely QS. At-Taubah: 122, QS. Al-Ghasiyah: 17–20, QS. Al-'Ankabut: 19–20, QS. Al-Qalam: 1–4, and QS. Al-'Alaq: 1–5. The method used is a literature study with a thematic interpretation approach (maudhu'i). The results of the study indicate that the obligation of learning and teaching is lifelong (long life education) and is an important foundation in building an Islamic civilization that is moral, knowledgeable, and competitive.  

Nizar Nizar; Dhoni Martien; Amelia Nur Widyanti

Journal of Administrative and Sosial Science (JASS) 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Share trading in limited liability companies that does not comply with the procedures for transferring share ownership under the Company Law may lead to legal disputes, particularly unpaid share transactions. This study examines the annulment of share sales by the court to protect the seller’s interests when the buyer defaults, based on Article 1320 of the Indonesian Civil Code. The case analyzed is District Court Decision No. 6 K/Pdt.G/2017. Legal protection for sellers includes clauses concerning legal subjects and objects, price, payment methods, share transfer, and dispute resolution in accordance with Articles 1457 and 1513 of the Civil Code. Using a normative juridical method with statutory, conceptual, analytical, and case approaches, the study concludes that default in share sale agreements may nullify ownership rights. Therefore, strict sanctions and legal remedies through the court are essential to safeguard shareholders’ rights.

Sitta Saraya; Geofani Milthree Saragih; Nabila Afifah Salwa

Journal of Civil Criminal Law 2025 International Forum of Researchers and Lecturers

Background: The rapid development of financial technology and the increasing volume of cross-border transactions have led to the emergence of increasingly complex digital financial crimes, involving anonymous actors and exploiting regulatory gaps and jurisdictional differences. This condition poses serious challenges to legal systems, particularly in terms of digital evidence, the attribution of legal liability, and the effectiveness of cross-border law enforcement. Objective: This study aims to reconstruct the framework of civil and criminal liability in digital fraud cases to make it more adaptive, integrated, and responsive to technological developments. Method: The research employs a qualitative socio-legal approach, combining normative analysis of cybercrime regulations, case studies of international digital fraud, comparative analysis of legal systems across countries, and interviews with legal practitioners and fintech regulators. Results: The findings reveal significant legal gaps, regulatory fragmentation across jurisdictions, and weaknesses in electronic evidence systems that hinder effective law enforcement. Additionally, the complexity of actors and technologies within digital ecosystems complicates the accurate attribution of legal responsibility. Therefore, an integrated legal framework is required, incorporating both civil and criminal liability, international regulatory harmonization, and the utilization of technology to enhance law enforcement effectiveness.

Wildan Budi Ardianto; Zacky Rayhan Ramadhan

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to normatively analyze the role and implementation of public participation in the legislative process, specifically concerning the formation of the Indonesian National Armed Forces (TNI) Law. Public participation is an essential principle in a democratic state, ensuring the legitimacy, transparency, and accountability of legal products. This normative review focuses on the legal framework governing community participation in law making, as mandated by the 1945 Constitution of the Republic of Indonesia and related regulations. The analysis reveals a gap between the ideal normative principle of meaningful participation and the empirical practice in the legislation of the TNI Law. Legislative processes involving the defense and security sector are often overshadowed by issues of secrecy and limited information accessibility, thereby impeding substantial public participation. It is necessary to strengthen the regulatory framework and establish more open, inclusive, and continuous mechanisms to ensure that public aspirations and interests, including those of civil society groups and academics, are adequately considered at every stage of law formation, especially for strategic legislation like the TNI Law.

Ikhwan Nur Ramadhan; Damar Arrya Akbar A; Fajar Kurniawan; Herdandi Bagus A.P.

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

This study explores how the drafting process of the Bill (RUU) for the Revision of the Indonesian National Armed Forces (TNI), which was approved to become Law Number 3 of 2025, occurred amidst massive public protests, with an emphasis on violations of the principles of openness, participation, and accountability as regulated in the 1945 Constitution and Law Number 12 of 2011 concerning the Formation of Legislative Regulations. The public's rejection illustrates the potential for abusive law making, threats to civilian dominance, and the possibility of a return to the dual function of the military from the New Order period, supported by protests, petitions from civil society organizations such as NU, WALHI, and KONTRAS, as well as an application for constitutional review to the Constitutional Court. Adopting the perspective of Habermas’s theory of deliberative democracy and Weber’s concept of legitimacy, this research asserts that the argument for the annulment of this Bill is growing stronger, in order to uphold democratic law making and the protection of human rights.

Jeanice Chrisadi; Bambang Daru Nugroho; Yani Pujiwati

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The pluralistic development of Indonesian national law creates a dynamic relationship between national civil law and customary law, including in the context of resolving inheritance disputes in Chinese families who adhere to patrilineal traditions. Supreme Court Decision No. 1204 K/Pdt/2024 shows that there is a tension between legal certainty under the Civil Code and substantive justice originating from living law. This research aims to analyze the judge's interpretation of family documents as a basis for inheritance rejection, inheritance sharing mechanisms that ignore Chinese customary norms, and their implications for legal pluralism in Indonesia. The method used is normative juridical with a case study approach and a descriptive-analytical legislative approach, using literature studies of primary, secondary and tertiary legal materials. The results showed that the ruling applied neither the Civil Code nor the principle of Chinese customary inheritance consistently. The family declaration on which the judge relied was not actually a refusal of inheritance, but an internal agreement granting authority to the testator. Moreover, the distribution of inheritance carried out is not in accordance with the principle of patrilineal custom which places the eldest son as the recipient of the largest share. This finding shows the weak application of legal pluralism (weak legal pluralism) and reveals the gap between das sollen and das sein, so it is necessary to strengthen the role of judges in exploring the traditional values that live in society.