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Riyana Akhsani; Annisa Nur Husna; Nada Fatma; Yunifa Rihhadatul ‘Isyiyah; Ardhita Juliani Ardhani

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

This study examines Ahmad Mustain Nasoha’s thoughts on the relationship between the constitution and Islamic law (sharia) within the context of Indonesian citizenship. The interaction between religion and the state in Indonesia has always been a dynamic discourse, particularly in balancing Islamic values as the majority religion with the constitutional principles rooted in Pancasila and the 1945 Constitution. This research employs a qualitative method using a literature review approach to analyze Nasoha’s works and perspectives on integrating Islamic values into the legal and state systems. The findings reveal that, according to Nasoha, Islamic law should not be formalized in a legalistic manner but should function as a moral inspiration and social norm within national life. Through the perspective of legal syncretism, Islamic law, customary law, and national law can be harmonized to create an inclusive and just legal system. Pancasila serves as a meeting point that bridges religious and constitutional principles, allowing Muslims to practice Islamic teachings without conflicting with the constitution. Nasoha’s thought offers a moderate and contextual model of citizenship suitable for Indonesia’s pluralistic society.

Malik Abdul Aziz; Rida Kusuma Devi; Anis Badriyatun Niswah

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2025 International Forum of Researchers and Lecturers

Citizenship rights are a fundamental foundation for ensuring the fulfillment of basic rights, including the right to consumer protection. In the context of globalization and the development of the digital economy, the potential for violations of consumer rights is increasing, thereby requiring the state to strengthen its responsibilities. This study aims to analyze the relationship between citizenship rights and the state’s obligations in guaranteeing consumer protection from the perspective of positive law and policy practices in Indonesia. The research method employed is a normative approach with juridical analysis of legislation, court decisions, and legal doctrines, complemented by a comparative study of international regulations. The findings reveal that consumer protection cannot be separated from the state’s recognition of universal citizenship rights. The state plays a role as regulator, facilitator, and supervisor to ensure the fulfillment of consumer rights to safety, comfort, and fairness in transactions. However, gaps were identified between legal norms and implementation, particularly in digital market oversight and the protection of vulnerable consumers. The study concludes that consumer protection is a concrete manifestation of the state’s responsibility for citizenship rights, requiring regulatory strengthening, effective supervisory institutions, and synergy among the state, business actors, and society.

Hoshi Rahma Saraswati

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the process of enacting Law Number 3 of 2022 concerning the Capital City, which was completed in a relatively short period of only 42 days. The main focus of this research is to assess whether the legislative process was in accordance with the principles of proper law-making as stipulated in Law Number 12 of 2011 on the Formation of Laws and Regulations. This study employs a normative legal research method with a literature-based approach, relying on the analysis of legislation, legal literature, and relevant official documents. The findings indicate that the drafting process of the Capital City Law was conducted hastily and did not fully comply with the applicable provisions. This is reflected in the limited public participation, the lack of transparency in the deliberation, and the absence of democratic principles that should guide the law-making process. The fact that the bill was deliberated in only 42 days demonstrates a legislative process that was neither ideal nor substantive in nature. Moreover, the accelerated process tends to reflect a conservative and elitist character, in which the aspirations of the wider community were insufficiently accommodated. In conclusion, the enactment of Law Number 3 of 2022 cannot be considered ideal from the perspective of constitutional law or democratic principles. Therefore, it is necessary to evaluate and reform legislative mechanisms to ensure that future law-making processes are more participatory, transparent, and truly reflective of the interests of the people.

Sitah, Putri Dwi; Rumawi, Rumawi

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The development of information technology brings significant changes in the business world, one of which is through the Shopee affiliate marketer program that provides opportunities for individuals to earn income through commissions from product sales. However, the tax practice of affiliate marketer income still requires in-depth study, especially in the perspective of tax law and Islamic law. The main problem in this research is how the Income Tax (PPh) payment mechanism for Shopee affiliate marketers and its compliance with the provisions of taxation law and the principles of Islamic law. This research aims to find out and analyze 1) To find out the percentage of PPh for shopee affiliate marketers in the perspective of tax law and Islamic law. 2) To know how to pay PPh for affiliate marker shopee in the perspective of tax law and Islamic law. The research method used is a legal sociology approach with a type of empirical legal research. Data is collected through observation, interview, and documentation of Shopee affiliates and sellers, and analyzed using data reduction techniques, data presentation, and drawing conclusions. The research results show that: 1) the percentage of PPh of shopee affiliate marketers is the commission received by Shopee affiliates, which is the object of PPh Article 21 and is subject to a progressive tax rate according to Government Regulation No. 58 Year 2023, based on the taxation of 50% of the total gross commission. The tax rate starts from 5% for income up to Rp60 million and increases according to the income layer. 2) The payment method of PPh affiliate marketer shopee is that Shopee deducts and deposits taxes automatically before the affiliate receives the commission, and requires the inclusion of NPWP so that the tax rate is lower. In the perspective of Islamic law, the obligation to pay taxes (dharibah) is recognized as long as it is managed fairly and used for public benefit, and does not burden the community. In conclusion, the practice of paying PPh affiliate marketer Shopee is in accordance with the provisions of the applicable tax law and can be accepted from the perspective of Islamic law as a form of contribution to the welfare of the community.

Ryan Rudyarta

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Marketing activities of limited liability companies (LLC) in Indonesia are not merely business strategies but also legal activities that entail juridical consequences. The increasingly complex dynamics of modern marketing, including digital marketing, e-commerce, and the utilization of consumer personal data, demonstrate that marketing activities cannot be separated from business law regulations, whether related to consumer protection, fair competition, electronic information, or personal data protection. Marketing by LLC in Indonesia is regulated by various laws aimed at creating fair, transparent transactions while avoiding practices that could harm consumers. From a business law perspective, marketing in Indonesia, especially within limited liability companies, plays a crucial role in maintaining the smooth operation of businesses that benefit not only the company but also the wider society, including consumers. Marketing activities by LLC must consistently adhere to the principles of law, including consumer protection and the obligation to ensure transparency in every promotional activity or advertisement. This study employs a normative juridical method with both statutory and conceptual approaches. The analysis is conducted qualitatively through systematic and teleological legal interpretation, supported by secondary legal materials such as academic literature and recent scholarly articles on business law and marketing. The findings reveal that marketing activities of limited liability companies are closely intertwined with business law, as all contracts, promotions, and marketing strategies constitute legal acts that must adhere to the principles of honesty, transparency, and fair competition. Revenue growth through effective marketing can only be achieved sustainably if it is designed in accordance with the principles of good corporate governance and legal compliance. Thus, marketing in the perspective of business law functions not only as a commercial tool but also as an instrument for creating legitimate, ethical, and equitable value for both the company and society.

Nadia Firda Ayu Fernanda

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

The skincare industry is growing very rapidly along with increasing public awareness of the importance of proper skin care. However, in marketing their products, many business actors make exaggerated claims regarding product benefits that are often not supported by facts or scientific evidence. The study aims to analyze the application of consumer legal protection in overclaiming actions carried out by business actors on skincare products from the perspective of Law Number 8 of 1999 concerning Consumer Protection. The research method applied is the normative juridical method with a statutory approach and a conceptual approach. In this study, the practice of overclaiming carried out by business actors on skincare products is contrary to applicable legal provisions, namely Articles 8 and 10 of the Consumer Protection Law. These articles prohibit business actors from providing misleading information about a product and violate consumer rights as defined in Article 4 of the Consumer Protection Law. Although normatively the law has provided sufficient protection for consumers, its implementation in the field still faces many challenges. Supervision from the government and related institutions such as the BPOM is very necessary to ensure business actors' compliance with applicable regulations. Firm and consistent law enforcement is also needed to make business actors more responsible in providing information to consumers and to foster healthy and ethical skincare industry climate.

Deanna Fitri Roshandi

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Agreements are an important instrument in everyday life, both in the social and economic spheres. In practice, agreements are not always made in written form, but are often made orally. This phenomenon raises legal questions about whether oral agreements have valid legal force and can be used as a basis for dispute resolution. This study aims to analyze the legal status of oral agreements from the perspective of Indonesian civil law by referring to Article 1320 of the Civil Code (KUHPerdata), which regulates the requirements for a valid agreement. The research method used is normative juridical with an approach to relevant laws and legal doctrines. The results of the study indicate that oral agreements remain legally valid as long as they meet the four requirements for a valid agreement: agreement of the parties, capacity to enter into an agreement, the existence of a specific object, and a lawful cause. However, the main problem arising from oral agreements is the difficulty in proving them when disputes arise, given the lack of written evidence that can be used as a basis before the law. Therefore, although civil law does not require a written form for the validity of an agreement, writing an agreement is still recommended to provide legal certainty, facilitate proof, and protect the interests of the parties. This finding underscores the importance of public legal awareness in choosing a form of agreement that is safer and has stronger evidentiary force.

Daniel Edward Hernando Situmorang; Muhammad Arif Sahlepi; Ismaidar Ismaidar

Discourse on Law and Society 2025 International Forum of Researchers and Lecturers

Lobster is one of Indonesia's marine resources that has high economic value and is very important for the country's economy, but excessive lobster fishing and smuggling of lobster seeds have caused a decrease in the productivity of marine resources and significant state losses, so effective law enforcement efforts are needed to protect Indonesia's marine resources from these illegal acts. The problem in this study is how the law enforcement by the West Tanjung Jabung Police against the crime of smuggling lobster seeds (Study of Case Register Decision Number: 144 / Pid.Sus / 2023 / Pn Klt), and what factors are the causes. The research method used is normative juridical, a type of legal research that focuses on the analysis and interpretation of legal norms that apply in a legal system. The study shows that the three defendants in the crime of smuggling lobster seeds were sentenced to 2 years in prison and a fine of IDR 5,000,000 based on Article 27 number 26 Article 92 of Law Number 6 of 2023 concerning Job Creation. The factors causing this crime include internal factors (economic and education) and external factors (politics, environment, and lack of security). Suggestions from the study are: Reviewing the lobster seed export policy. Improving coordination between law enforcement officers and community participation. Improving the capacity and competence of law enforcement personnel.

Mohammad Adzan

Discourse on Law and Society 2025 International Forum of Researchers and Lecturers

The contractual relationship between government entities (PA/KPA/PPK) and construction service providers in procurement activities is complex, as it intersects with both public and private law. Government procurement contracts for construction projects are often structured through a tender process, where service providers must compete to win the contract. Once the provider is selected, a legal agreement is formed, which regulates the roles, responsibilities, and obligations of the parties involved. This agreement is typically outlined in a contract document that serves as a formal, legally binding commitment. In civil law, such contracts are typically governed by private law principles, which include contracts, obligations, and liabilities. However, the nature of government procurement contracts adds a unique element of public law, particularly administrative and criminal law. The government’s involvement in these contracts introduces a dual legal framework that governs the relationship between the parties. On one hand, the contract is influenced by the state’s regulatory powers and administrative authority, ensuring compliance with legal standards and public interests. On the other hand, it is also subject to private law principles, as the government enters into agreements with construction providers just like any other business transaction. This mixed legal framework (or "mixed law") creates a distinctive legal relationship, where elements of public law, such as administrative regulations and oversight, coexist with private law principles, such as those governing contract enforcement and dispute resolution. The contract, which is a Keputusan Tindakan Administrasi Negara (KTUN), remains a civil law act, despite its public law foundation. This hybrid nature of government contracts ensures that both public and private law aspects are considered in the process, which can sometimes lead to legal complexities and challenges in the implementation and enforcement of these contracts.

Andri Sahata Sitanggang; Devarian Firmansyah; Muhamad Riski Kautsar; Naufal Hasya Mulyana

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

The rapid development of digital technology has had a significant impact on various aspects of human life, including the distribution and consumption of entertainment content. One form of entertainment that has undergone a major transformation is film, where the existence of digital platforms has made access to various film titles increasingly easy, fast, and practical. The presence of official, legal streaming services offers a comfortable viewing experience and supports the sustainability of the film industry. However, on the other hand, this phenomenon has also given rise to a new problem, namely the increasing practice of accessing films through illegal streaming sites that are easily found on the internet. The use of illegal streaming sites certainly has various consequences, both legal, ethical, and economic. From a legal perspective, such actions clearly violate copyright, which should be protected by law. From an economic perspective, this illegal practice is detrimental to many parties, from film producers and distributors to the state, which loses potential revenue. However, the reality on the ground shows that the majority of the public, especially students, still frequently use illegal sites due to considerations of free access, the availability of the latest films, and ease of use. Based on this phenomenon, this study focuses on evaluating the perceptions of students at the Indonesian Computer University (UNIKOM) regarding the legality of using illegal streaming sites. The research was conducted using a descriptive quantitative approach, with primary data obtained through questionnaires distributed to 30 students from various study programs. The results are expected to provide insight into students' level of legal awareness and the factors influencing their choices regarding accessing films through legal and illegal channels. These findings are also expected to provide input for stakeholders in formulating educational and outreach strategies regarding the importance of respecting copyright.

Suparman Suparman; Aris Sunarya; Sarwani Sarwani

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the contribution of regional taxes and levies to Regional Original Revenue (PAD) in Surabaya City and their role in fostering fiscal independence within the framework of regional autonomy. Employing a descriptive qualitative approach, data were collected from the Surabaya City Regional Revenue Agency and relevant local government offices, complemented by secondary sources such as regulatory documents and literature on regional finance. The data analysis process followed McNabb’s (2002) framework, which consists of categorization, interpretation, generalization, testing alternative perspectives, and refining theoretical insights. The findings reveal that PAD acts as a crucial financial backbone for the implementation of regional autonomy, with taxes and levies serving as the primary contributors. On average, these sources accounted for 89.08% of the total PAD during the 2021–2024 period. The growth trend observed is driven by several factors, including the presence of a comprehensive legal and regulatory framework, diversification of tax types and structures, adequate institutional and human resource capacity, as well as increasing public awareness of tax obligations. Although there was a temporary decline in proportional contribution in 2023, overall tax and levy collections exceeded their targets, underscoring their vital role in supporting government administration and regional development programs. This study emphasizes the need for strengthening regulatory frameworks, enhancing administrative capacity, encouraging greater community participation, and optimizing the use of digital technologies to improve efficiency in revenue collection. These strategies are essential to reduce reliance on central government transfers and to promote greater fiscal independence for Surabaya City.

Emma Yovela Sipahutar; Elisatris Gultom; Helza Nova Lita

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The implementation of a recommendation feature in the courier service selection system on e-commerce platforms is a technological innovation aimed at improving logistics efficiency while providing a more optimal user experience. Through this feature, consumers can find alternative delivery services based on certain indicators, such as cost, estimated time, and service quality. However, in practice, the implementation of recommendation features has the potential to raise legal issues when platforms prioritize internal couriers or certain partners without transparency and clear objective indicators. This situation can lead to discriminatory treatment, limit market access for other businesses, and reduce consumer freedom in choosing services. This study aims to analyze the implementation of recommendation features by e-commerce platforms from a competition law perspective, specifically based on Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The method used is normative juridical research with a descriptive-analytical approach, through the review of secondary data in the form of laws and regulations, literature, and the practice of implementing recommendation systems in the digital industry. The research results indicate that recommendation features that unilaterally prioritize internal couriers without objective basis and without information transparency have the potential to violate Article 19 letter d of Law Number 5 of 1999. This practice can hinder competition, close opportunities for other courier service providers, and create distortions in the digital logistics ecosystem. Therefore, this study recommends that recommendation features in e-commerce be designed in a neutral, transparent manner, and based on objective indicators, such as rates, estimated delivery times, and service performance. This will maintain healthy business competition and protect consumers' rights to obtain the best service options.

Agustinus Nugroho Jati

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

Negotiation is the most fundamental form of Alternative Dispute Resolution (ADR), emphasizing the peaceful settlement of conflicts through direct dialogue between disputing parties without involving a third party. In Indonesia, negotiation has become one of the most widely used ADR mechanisms and has developed across various fields, including civil law, labor relations, administrative disputes, and environmental issues. This study aims to analyze negotiation as an ADR forum from two main perspectives. First, a theoretical review that examines the principles of negotiation, its stages, as well as its advantages and limitations compared to other dispute resolution mechanisms. Second, a practical review that elaborates on the implementation of negotiation within the Indonesian legal context through case studies of disputes resolved through negotiation. The research employs a normative-juridical approach to analyze the legal foundations and principles governing negotiation, combined with an empirical review through case data exploration and interviews with legal practitioners. The findings indicate that negotiation offers several advantages, including efficiency in time and cost, procedural flexibility, and the potential for mutually beneficial solutions (win–win solutions). However, this study also identifies challenges such as unequal bargaining positions between parties, limited legal recognition of negotiation outcomes, and the insufficient capacity of negotiators or informal mediators to fully grasp legal aspects. Based on these findings, the study recommends several strategic steps: enhancing legal recognition and protection for negotiation outcomes, strengthening the capacity and competence of negotiators through legal and communication skills training, and expanding the use of negotiation as an initial step in resolving various types of disputes. With stronger legal frameworks and improved human resources, negotiation has the potential to become a more effective, efficient, and sustainable dispute resolution instrument in Indonesia.

Veronica Angeline Novisaputri

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Electronic commerce (e-commerce) has become a dominant trend in modern buying and selling transactions, offering easy access and efficiency. Marketplaces like Shopee act as intermediaries between merchants and buyers, providing fast, secure, and integrated transaction facilities. However, behind this convenience, significant legal issues arise, particularly regarding unilateral transaction cancellations by buyers through the refund feature. In practice, these refund requests are generally approved by the marketplace without thorough verification of the validity of the cancellation reason or the existence of the goods already shipped by the merchant. This study aims to analyze the legality of unilateral cancellations by buyers from the perspective of Indonesian civil law, with reference to the provisions of the Civil Code (KUHPerdata) and the concept of electronic contracts as stipulated in the Electronic Information and Transactions Law (UU ITE). The study uses a normative juridical approach by examining laws and regulations, legal literature, and analyzing two case studies involving merchants BZS and HK. The results indicate that unilateral cancellations by buyers without returning the goods constitute a form of breach of contract. This action not only violates the electronic contractual agreement established during the transaction but also causes financial and reputational harm to merchants. This phenomenon indicates weak legal protection for business actors in the e-commerce ecosystem, particularly regarding the bargaining power between sellers, buyers, and marketplace platforms. Therefore, strengthening fair and transparent digital dispute resolution mechanisms is necessary, including preventive legal protection to prevent losses and repressive protection to provide redress for injured parties. This step is crucial for realizing a healthy, balanced, and equitable digital trade ecosystem for all parties involved.

Wahyunita Wahyunita; Mashudi Hariyanto; Musaddad Al Basry

Akuntansi Pajak dan Kebijakan Ekonomi Digital 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This research was motivated by public hesitation to invest in digital gold through the Dana app, which refers to Fatwa No. 77/DSN-MUI/V/2010 concerning non-cash gold buying and selling. This fatwa serves as a guideline for Muslims investing in gold. Furthermore, the author has not found any licensing from the Sharia Supervisory Board (DPS) for the Dana app. Furthermore, several students at Batang Hari Islamic University (UNI) have the Dana app and use it to invest in gold. They were seen buying gold on a certain day and reselling it the next day. The added value from the sale was a profit for the students, but there was also a loss for students who exchanged their gold purchases when the price of gold fell. Furthermore, this research is designed in the form of field research (Empirical Jurisprudence), which is a type of sociological legal research and can be described as field research, which examines applicable legal provisions and what has occurred in community life. Using observation, interview, and documentation techniques, data analysis and triangulation are then carried out. The conclusion that can be drawn from the previous description is that the Digital Gold Investment Practice on the Dana Application at Batang Hari Islamic University in its mechanism on the Gold Fund feature is carried out non-cash where the certainty of the object, namely gold, is only in the form of savings balances in the form of rupiah and digital gold weight with no physical gold ownership if the gold savings have not reached 1 gram. In gold investment transactions on the Dana application, the results show that smaller profits are obtained by buyers due to certain problems related to the buyers themselves. The Digital Gold Investment Practice on the Dana application in the Islamic Law Perspective at Batang Hari Islamic University, by juxtaposing several related fatwas, in practice in Islamic law, the investment practice in the Gold Fund feature is considered to contain gharar related to gold objects that have no physical clarity.

Eka Tripustikasari

Jurnal Pengabdian Masyarakat Terapan 2025 Lembaga Pengembangan Kinerja Dosen

This community service activity aims to enhance the understanding of spatial perspectives in legal permitting processes among urban property developers. The main issue identified is the lack of knowledge regarding zoning and spatial planning, which often leads to permit rejections or illegal developments. The program was implemented through public education, technical training, and simulations using digital zoning maps. Evaluation results showed an average increase of 31.6 points in participants’ understanding from pre-test to post-test. Furthermore, over 70% of participants were able to access zoning portals and began drafting permit documents in accordance with the spatial plan. This program contributes to building legally aware developer communities, supporting orderly urban spatial planning, and promoting sustainable and participatory development.

Andin Wisnu Sudibyo; Megawati Barthosr

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

This study aims to analyze the application of laws and regulations relevant to the topic discussed by employing a normative legal research method. Normative legal research is a method focused on the study of legal norms, doctrines, and principles found in legislation and scholarly writings. In this study, two main approaches are applied: the statute approach and the conceptual approach. The statute approach involves a systematic examination of legal provisions found in various legal instruments, including laws, government regulations, ministerial regulations, and other related legal sources. By analyzing these written norms, the research seeks to identify the legal basis that governs the issue under study. This approach enables the researcher to determine the extent to which existing regulations are relevant, consistent, and effectively implemented in addressing the legal problem. Meanwhile, the conceptual approach is used to explore the legal theories, principles, and definitions that underlie the legal rules being analyzed. This approach allows the study to go beyond the textual interpretation of law and delve into the conceptual framework that gives meaning to legal provisions. It includes an analysis of key legal doctrines, theoretical perspectives, and fundamental legal concepts such as justice, legal certainty, and legal responsibility. Combining these two approaches provides a comprehensive understanding of how the law is both applied and interpreted in the context of the research topic. It helps uncover inconsistencies, gaps, or overlaps in the regulatory framework, and also facilitates a deeper reflection on the rationale behind the law. Moreover, this methodology allows for the formulation of constructive legal arguments and recommendations, based on a sound interpretation of legal norms and principles.

Mang Tra Himam Idayat

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The presumption of innocence is a fundamental principle in the criminal justice system that serves to protect the rights of the accused from the risk of unfair punishment. This principle states that a person is presumed innocent until proven legally and convincingly guilty of committing a crime before a court. This research uses an empirical juridical method, namely a legal approach that examines how positive law, especially unwritten law, is applied in society. In this context, the research highlights the implementation of the presumption of innocence in criminal justice practices in Indonesia. The application of the presumption of innocence is very important for the judicial process to run fairly, directed, and achieve the main objectives of criminal justice, namely upholding justice, legal certainty, and legal order. The relationship between this principle and human rights is very close, because with this principle, suspects and defendants are guaranteed to obtain legal protection during the legal process. Rights such as not being treated as guilty before a court decision, the right to defense, and the right to humane treatment are part of this principle. Enforcing the presumption of innocence is not only the responsibility of law enforcement officers such as the police, prosecutors, and judges, but also all elements of society. Therefore, it is crucial for every citizen to understand and respect this principle in their social lives, especially in responding to ongoing legal cases. As a concrete implementation, law enforcement must implement policies that protect the public and maintain a sense of security, for example by increasing surveillance in crime-prone areas. This way, the law can be enforced fairly, and public trust in the criminal justice system will increase. The presumption of innocence is a crucial foundation for the creation of humane and fair trials in Indonesia.

Nunung Arfianti

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

This research examines the legal issues surrounding the Environmental Impact Assessment (Analisis Mengenai Dampak Lingkungan—AMDAL) as a prerequisite for obtaining business or activity permits in Indonesia. The study adopts a normative juridical approach, analyzing legal theories, concepts, and principles relevant to environmental law. The enactment of Law Number 11 of 2020 on Job Creation introduced significant amendments, deletions, and new provisions to Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH Law). One of the most substantial changes is the removal of the explicit obligation to obtain an environmental permit, replacing it with a requirement for environmental approval issued by the central government. This environmental approval consists of the Statement of Environmental Management Capability (Pernyataan Kesanggupan Pengelolaan Lingkungan Hidup—PKLHP) and the Environmental Feasibility Decision (Keputusan Kelayakan Lingkungan Hidup—KKLH), both intended to ensure that businesses and activities comply with environmental standards before commencing operations. However, the revision also affects public participation in the AMDAL process. Under the Job Creation Law, opportunities for environmental organizations and local communities to be involved in the preparation, review, and decision-making stages of AMDAL have been significantly reduced. This shift raises concerns about transparency, accountability, and the integration of environmental, social, and economic considerations in decision-making. In the context of sustainable development, environmental permits or approvals should not only serve as administrative formalities but also as instruments to safeguard environmental quality and uphold public interest. Public participation plays a critical role in ensuring that AMDAL processes reflect diverse perspectives, promote environmental justice, and support the long-term goals of environmental protection. The study concludes that while the Job Creation Law aims to streamline licensing and promote investment, its impact on public involvement in environmental governance poses risks to the integrity of environmental protection frameworks in Indonesia.

Febri Juhamsyah; Marice Simarmata

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

The implementation of digitalization in the healthcare sector through the Integrated Referral sistem (Sistem Informasi Rujukan Terintegrasi/SISRUTE) offers significant opportunities to expand access and improve the quality of healthcare services, especially in remote and underserved areas of Indonesia. This paper aims to analyze the challenges of implementing SISRUTE from a legal perspective, focusing on the principle of equitable healthcare access. The study uses a normative juridical approach combined with literature analysis, examining national regulations, including Law No. 17 of 2023 on Health, Government Regulation No. 47 of 2021 on Hospital Administration, and supporting ministerial policies. The research identifies several barriers that hinder the effectiveness of SISRUTE implementation, such as uneven distribution of digital infrastructure, limited internet connectivity, lack of adequately trained healthcare personnel, and the absence of supporting local regulations that align with national policy frameworks. These challenges create disparities in the utilization of SISRUTE, particularly in rural and remote areas, undermining the constitutional mandate for equal access to health services. From a legal standpoint, the principle of equity in healthcare has yet to be fully realized through SISRUTE due to these systemic gaps. The study concludes that strategic efforts are needed to improve intergovernmental coordination, harmonize health and digital regulations, strengthen healthcare workers' digital competencies, and invest in robust infrastructure development. Only through an integrated legal, technological, and human resource approach can SISRUTE fulfill its intended function in supporting a fair, inclusive, and effective healthcare referral system nationwide. This paper contributes to ongoing discourse on legal reforms for digital health equity in Indonesia.