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Rahmi, Sri; Sinaga, Parbuntian; Setyowati, Retno Kus

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

Within the decentralization framework, the government sets the Regency/City Minimum Wage (UMK) as the wage standard. However, in 2021, the Governor of the Riau Islands Province established a UMK that did not comply with Ministry of Manpower regulations. This decision adversely affected workers, particularly members of labor unions, as well as the entire workforce in Batam City. The research addresses two key issues: first, the legal consequences of a regional head’s policy in determining the minimum wage; second, the form of legal protection for workers against a UMK that contradicts ministerial regulations. The study applies a normative juridical method. Findings indicate, under Article 82 of the Industrial Relations Dispute Settlement Act (UU PPHI), that a state administrative decision violating statutory provisions may be: (1) declared null (nietig/absolute nietig), (2) null and void by law (nietigheid van rechtswege), or (3) annulled (verniegbaar). The Tanjungpinang Administrative Court Decision No. 1/G/2021/PTUN.TPI declared that Governor’s Decree No. 1362 of 2020 on Batam UMK contained substantial defects and was annulled. Legal protection for workers is provided through dispute settlement procedures at the Administrative Court and/or administrative remedies as stipulated by applicable regulations.

Ilyas Budi Saputra

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The relocation of the National Capital (IKN) through Law Number 3 of 2022 raises the potential for serious issues related to the land rights of local communities, particularly indigenous communities who have long inhabited and utilized the area. In the context of IKN development, community rights often clash with the interests of the state and investors, thus creating the risk of violations of basic rights, including land rights, which are an important part of their social, cultural, and economic identity. Notaries, as public officials, have a strategic role in ensuring that every process of transferring land rights is carried out legally, fairly, and in accordance with legal provisions. This study aims to analyze the extent to which the IKN Law protects the rights of local communities and how the role of notaries in notarial practice can ensure justice for the parties involved. The research method used is normative juridical with a qualitative approach through a review of regulations, legal doctrine, and an analysis of notarial practices relevant to IKN development. The results show that although the IKN Law contains general norms regarding respect for the rights of local communities, the legal protection provided is still weak and has not been accompanied by adequate technical regulations. The role of notaries in this context has also been suboptimal due to limited scope of authority and the lack of specific guidelines for overseeing the transfer of land rights in the new capital development area. This research emphasizes the need to strengthen derivative regulations and optimize the role of notaries to serve as a crucial instrument in ensuring legal certainty, justice, and the protection of the rights of indigenous communities during the new capital development.

Okta Rifo Fauziyah; Yana Indawati

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

Human trafficking is a highly complex form of transnational crime involving transnational criminal networks. This crime generally originates from developing countries with unstable socio-economic conditions, where women and children are often the primary victims. They are forced or tricked into working in exploitative sectors, particularly sexual exploitation, labor exploitation, and other forms of oppression that benefit agents, distributors, and organized crime syndicates. In Indonesia, regulations regarding this crime are stipulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. This study aims to determine the form of legal protection provided to victims of human trafficking in the jurisdiction of the Surabaya Police, as well as to understand the various obstacles faced by police officers and the efforts made to overcome them. The research method used is empirical juridical, namely examining the law in practice through primary data obtained from interviews, observations, and official documents, then combined with secondary data in the form of legal literature, laws and regulations, and tertiary legal materials to support the analysis. This study found that the Surabaya City Police have implemented legal protection measures for victims of human trafficking in accordance with applicable regulations, from handling reports and conducting investigations and inquiries, to coordinating with relevant agencies such as social services, women's and children's protection agencies, and non-governmental organizations. However, several obstacles remain, including limited police resources, low victim awareness of reporting cases, and threats from perpetrators that discourage victims from cooperating. Despite this, maximum efforts continue to be made through improved inter-agency coordination, legal and psychological assistance for victims, and firm law enforcement against perpetrators. Therefore, it can be concluded that legal protection for victims of human trafficking at the Surabaya City Police has been quite effective, although institutional strengthening and increased public legal awareness are still needed.

Kintannia Khairunnissa Indriyanti

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

A fiduciary guarantee agreement is a formal agreement that must be stated in a notarial deed as regulated in Article 4 of the Fiduciary Guarantee Law. This provision states that a fiduciary guarantee is a subsidiary agreement of the main agreement that creates an obligation for the parties to fulfill a performance. Execution, in this context, is a legal action carried out based on a legally binding decision. Article 15 paragraph (2) of the Fiduciary Law explains that the executorial power of a fiduciary guarantee certificate allows for direct implementation without going through a court, is final, and binds the parties. This research uses an empirical normative method, namely combining library studies with field research. Primary data was obtained through interviews with Judges of the Yogyakarta District Court, Judges of the Sleman District Court, the Yogyakarta State Assets and Auction Service Office (KPKNL), and the Yogyakarta Regional Office of the Ministry of Law and Human Rights. Secondary data comes from primary, secondary, and tertiary legal materials. The analysis was conducted qualitatively. The research results indicate that following Constitutional Court Decision No. 18/PUU-XVII/2019, the execution of fiduciary collateral objects can no longer be carried out unilaterally by creditors, but must instead be filed through the District Court. This provision balances the legal standing between debtors and creditors and prevents potential arbitrariness. Nevertheless, execution through the courts is an alternative if there is no agreement between the parties regarding a default. The court's role following the Constitutional Court decision includes resolving disputes between creditors and debtors and ensuring that execution procedures are carried out in accordance with the HIR (Regional Regulations for the Protection of Creditors), RBG (Regional Regulations for the Protection of Creditors), and the Supreme Court's technical instructions. In general, the execution mechanism through the courts is considered quite effective in ensuring legal protection for both parties.

Murshal Senjaya

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

In the customary law system, there is a pattern of punishment and prosecution which is more or less similar to the Islamic legal system, where the role of the victim's family is very important in determining whether or not the perpetrator will be prosecuted and punished. In customary law, legal settlements are carried out with an emphasis on togetherness or harmony. Settlement of criminal cases, especially bullying through customary law, is a process of resolving cases outside of court which consists of first, a mediation system with a consensus approach through deliberation. Second, the restorative justice system is a case resolution system with the aim of restoring the situation that arose for the victim so that a sense of brotherhood between each party is re-established. This system produces an agreement that is a win-win solution, guarantees the confidentiality of the parties' disputes, avoids delays caused by procedural and administrative matters, and resolves problems comprehensively together and while maintaining good relations. Thus, these customary sanctions do not provide legal protection and fulfillment of children's rights for children who are victims of sexual violence. In sexual crimes against children, children are positioned as victims who experience detrimental impacts, namely physical and psychological harm. Therefore, it is mandatory to be protected, not judged.

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.

Herianto Setiawan

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

The rise in corruption cases in Indonesia significantly hampers investment, impacts national economic growth, and undermines the integrity of public institutions. This study highlights the strategic role of public mobilization as guardians of transparency in preventing potential corruption at the Danantara Investment Management Agency (BPI). Using a normative legal research approach enriched by qualitative analysis of the regulatory framework and best practices, this study examines the legal basis supporting public participation and formulates an effective corruption prevention strategy in the digital era. The results show that optimizing the role of the public through information transparency and the use of information and communication technology (ICT) plays a crucial role in building accountability and detecting irregularities. Access to audit data, financial evaluations, and public information is an important instrument in strengthening oversight. The use of ICT allows the public to analyze anomalous patterns, assess institutional performance, and provide constructive feedback on investment management policies. However, this mobilization faces significant challenges. First, the complexity of financial and regulatory data often makes it difficult for the general public to interpret. Second, limited digital literacy hinders the public's ability to utilize oversight technology. Third, the urgent need for certainty of legal protection for whistleblowers or oversight participants is a determining factor in the success of the mobilization. Therefore, strengthening regulations that guarantee legal protection, increasing digital literacy capacity, and developing user-friendly public oversight platforms are necessary. Synergy between the government, investment management institutions, and the public is key to creating a transparent, responsive, and adaptive oversight system to technological developments. This way, the active role of the public can be optimized to strengthen the integrity of BPI Danantara and promote a healthy investment climate in Indonesia.

Andreas Andrie Djatmiko; Dinar Ayu Marta

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Advances in digital technology have brought significant changes to various aspects of life, including socio-economic activities such as arisan (social gathering). Arisan, which was previously conducted conventionally, has now begun to transform into online arisan. This change offers several advantages, including ease of access, reduced time constraints, and a wider range of participation. However, behind this convenience, an equally important challenge lies the lack of regulation and oversight of online arisan practices, which are prone to legal threats. This study aims to examine the urgency of creating written agreements in the implementation of online arisan and examine their legal force as a form of legal protection for the actors, both organizers and members. Using a normative juridical method through a regulatory-statutory approach and case studies, this study emphasizes the importance of legal validity in civil relations formed through online arisan. Data were obtained through observation, interviews, and documentation, which were then analyzed through a process of data reduction, presentation, and drawing conclusions. The results of the study indicate that written agreements in online arisan have legally binding force as long as they meet the requirements for a valid agreement according to Article 1320 of the Civil Code. The existence of a written agreement can increase legal certainty, strengthen the legal standing of the parties, and serve as valid evidence in the event of a breach of contract. Therefore, creating a written agreement is crucial to avoid losses and strengthen legal protection in online arisan (social savings and credit) practices. Furthermore, a written agreement also reflects the good faith of the parties in carrying out their commitments professionally and responsibly. This serves as an important foundation for building trust and creating a transparent and accountable online arisan system. Therefore, it is recommended that every online arisan participant create a clear written agreement and have it notarized to strengthen its legality.

Pambudi Pambudi; Ahmad Redi

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

This study aims to analyze the effectiveness of legal protection for victims of human trafficking in Indonesia, based on Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. Legal protection for victims encompasses preventive measures, case handling, and the restoration of victims’ rights through available legal mechanisms. The focus of this research is to evaluate how far the existing regulations can provide comprehensive protection for victims—beginning from the victim identification process, through judicial proceedings, and continuing to social rehabilitation and reintegration into society. This study applies a normative juridical method that emphasizes legal norms and regulations in force. It also highlights the importance of synergy among law enforcement agencies, the government, and non-governmental organizations to ensure optimal protection for trafficking victims. The research identifies several challenges in the implementation of legal protection, such as limited human resources and inadequate facilities, lack of public legal awareness, and judicial processes that are often slow and unresponsive to victims’ needs. Another major obstacle is the lack of access to legal aid and recovery services, which are crucial for supporting victims’ reintegration and fulfillment of their human rights. This paper seeks to provide a clearer understanding of the current conditions regarding legal protection for human trafficking victims in Indonesia and to formulate recommendations for more effective and integrated policy improvements. Enhancing legal frameworks and improving inter-agency coordination are essential steps toward ensuring victims receive justice and the protection they are entitled to under human rights principles.

Ni Putu Yuliana Kemalasari; KMS Herman

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

The rise of online loans (commonly known as pinjol) reflects the broader transformation of conventional financial systems into digital platforms, influenced heavily by the rapid development of financial technology (fintech). While online loans offer ease and accessibility, their implementation has raised significant legal concerns—particularly relating to the violation of privacy and the rights of third parties who are not directly involved in the loan agreement. One of the main legal issues occurs during the debt collection process, where third parties—often relatives, colleagues, or acquaintances of debtors—are subjected to intimidation, unlawful dissemination of personal data, and public defamation. These practices are not only unethical but also infringe on the privacy and dignity of uninvolved individuals. This article employs a legal research method using a normative approach. As a normative legal study, it analyzes laws, regulations, and legal literature relevant to the problem. The study finds that current legal regulations do not adequately protect third parties from the harmful practices associated with online loan collections. In response, there is a pressing need for regulatory reform. This includes strengthening personal data protection laws, enhancing supervision mechanisms over fintech companies, and ensuring that legal standards are consistently enforced. Reformulating these regulations will help address the legal vacuum and ensure greater legal certainty and protection for all individuals affected by online loan transactions. Through comprehensive policy changes and stronger enforcement, the negative impact of online loans can be mitigated, safeguarding both borrowers and uninvolved third parties.

Seri Mughni Sulubara; Virdyra Tasril; Nurkhalisah Nurkhalisah

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines in-depth legal protection against cybercrime in Indonesia, with a specific focus on ransomware attacks. It also evaluates the 2025 Draft Cyber Security and Resilience Law (RUU KKS) as a measure to strengthen the national cyber defense system. The increase in ransomware cases targeting personal data, public institutions, and vital infrastructure has posed a serious threat to information security and national stability. Although the 2008 Electronic Information and Transactions Law (UU ITE) and the 2022 Personal Data Protection Law (UU PDP) serve as the legal basis, these two regulations do not yet specifically and comprehensively regulate ransomware. This results in challenges in law enforcement and victim protection, both in technical aspects, coordination, and human rights protection. The research method used is normative legal with a qualitative approach, which includes analysis of primary and secondary legal materials, as well as comparisons with regulations in several countries that have more mature ransomware handling mechanisms. The analysis of the 2025 Cyber Security Bill (RUU KKS) indicates that this draft regulation has the potential to strengthen the authority of cyber authorities, mandate reporting of cyber incidents, and impose stricter sanctions on perpetrators. However, implementing this policy requires effective cross-agency coordination, transparent oversight, and synergy between the public and private sectors. This study concludes that the 2025 Cyber Security Bill (RUU KKS) represents a strategic step in building a national cybersecurity system that is adaptive, integrated, and responsive to evolving cyber threats. However, its success will depend heavily on improving public digital security literacy, multi-sectoral collaboration, investment in detection and prevention technology, and guaranteeing human rights protection. These findings are expected to provide input for policymakers in formulating comprehensive and sustainable cybersecurity regulations as a bulwark of national defense in the digital era.

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.

Rahayudin Rahayudin

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

In the context of Indonesia’s evolving insurance landscape, this study examines the legal protection afforded to policyholders of the BLife Plan MultiPro unit-linked life insurance product against uncertainties in end-of-contract benefit payments. Employing a doctrinal-normative and historical approach, the research analyzes statutory provisions from Law No. 8 of 1999 on Consumer Protection through Law No. 40 of 2014 on Insurance and POJK regulations to evaluate the efficacy of preventive (transparency requirements), corrective (mediation and arbitration), repressive (administrative sanctions), and restorative (insurance guarantee scheme) mechanisms. Integrating Fuller’s internal morality of law, Hart’s open-texture theory, and Knight’s risk-uncertainty distinction, the findings reveal that regulatory evolution has progressively enhanced policyholder protection from 65% under the 1999 framework to 95% under the forthcoming 2028 guarantee scheme yet practical gaps persist in consumer education and claims standardization. The study recommends clarifying policy clauses, streamlining administrative procedures, and enhancing judicial discretion to fortify legal certainty and restore consumer confidence

Florentina Fitriano

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Early marriage remains a social issue occurring in various regions, including Golo Kondeng Village, West Manggarai Regency, East Nusa Tenggara Province. This study aims to examine the form of legal protection afforded to the status of children born from early marriages conducted based on local customary law. This research employs a qualitative approach with a case study method, collecting data through in-depth interviews with community leaders, parents, and relevant village authorities. The findings indicate that early marriage practices in Golo Kondeng Village are influenced by several factors, including cultural values, family economic conditions, and the community’s level of education. Although existing laws—such as Law Number 16 of 2019, which amends Law Number 1 of 1974 on Marriage by establishing the minimum marriage age at 19 for both men and women, and Law Number 35 of 2014 on Child Protection—clearly regulate the legal age for marriage, the reality shows that early marriages continue to occur, often neglecting the fulfillment of children’s rights. The current legal protections are not yet fully effective in securing the legal status of these children, both in terms of civil and social rights. Based on these findings, this study recommends enhancing legal education and outreach to the community regarding marriage laws and children's rights. In addition, the active involvement of traditional leaders and local government is considered essential in addressing the issue of early marriage. It is hoped that through these efforts, children born from early marriages can receive adequate legal protection and have their rights fully fulfilled.

Laia, Felix Otaris; Martono Anggustin; Roida Nababan

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study explores the legal consequences of bankruptcy on reciprocal agreements made prior to the debtor’s declaration of bankruptcy, as governed by Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations. In the event of bankruptcy, control and management of the debtor's assets are transferred to a curator, which can alter the implementation of reciprocal agreements that have not been fully or partially fulfilled. According to Article 36 of Law No. 37/2004, parties who have agreements with the debtor can request confirmation regarding the continuation of the agreement from the curator within a specified period. If the curator decides not to continue, the agreement is terminated, and the other party has the right to claim compensation and will be recognized as a concurrent creditor. This study also examines the legal protection available to the parties involved, as well as the practical implications for legal and business relationships after a bankruptcy decision is made. The findings demonstrate that bankruptcy significantly affects the performance of reciprocal agreements, necessitating adjustments to the rights and obligations of all parties based on the provisions of the Bankruptcy Law. These adjustments are essential to ensuring justice and legal certainty for all parties involved in such agreements, balancing the interests of creditors, debtors, and other stakeholders. Ultimately, the study emphasizes the importance of understanding the legal framework surrounding bankruptcy and its consequences on ongoing contractual relationships, as well as the need for a fair and transparent process in dealing with claims and obligations post-bankruptcy.

Raihan Akbar Syahdewa; Arief Suryono

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

This study aims to analyze the legal responsibilities of e-sports teams regarding the fulfillment of wage rights and the forms of legal protection for professional athletes based on applicable laws and regulations in Indonesia. As the e-sports industry develops as part of the digital and creative economy, the issue of employment relations between e-sports teams (as employers) and athletes (as professional workers) has become an important issue that requires in-depth study from a legal perspective. This study uses a normative legal method with a statutory approach. This approach is used to analyze positive legal norms that regulate the rights and obligations in employment relations and the legal protection mechanisms available to e-sports athletes. This research is prescriptive in nature, meaning it not only describes the applicable legal conditions but also provides recommendations for improvements. The legal material collection technique was carried out through a literature study that included relevant laws and regulations, books, scientific journals, and court decisions. The results of the study indicate that e-sports teams, which can legally be in the form of business entities or corporations, have a legal obligation to pay athletes' wage rights in a timely and full manner as stated in the employment contract. If there are delays or deductions in wages without legal basis, e-sports teams can be held liable under civil, criminal, and administrative laws. Furthermore, legal protection for athletes as workers still faces various challenges, particularly related to weak oversight by relevant authorities and low levels of legal awareness among both team management and athletes themselves. To address this, concrete steps are needed in the form of strengthening law enforcement mechanisms, increasing legal education for e-sports industry players, and developing labor protection policies specifically for e-sports. This way, the rights of professional athletes can be guaranteed fairly and proportionally.

Sumartono Sumartono; Riswadi Riswadi

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

The exploitation of natural resources through mining projects in Indonesia often has an impact on the lives of residents, both socially, economically, and environmentally. Although the government has established various regulations to protect the rights of affected communities, the implementation of this legal protection still faces various challenges. In this context, this research aims to analyze legal protection for residents in mining projects in Indonesia and examine the effectiveness of regulations that have been implemented. This research uses a normative juridical method using both a statutory and a conceptual approach. The former involves examining multiple legal provisions that govern mining and community protection, including Law Number 4 of 2009 concerning Mineral and Coal Mining, Law Number 32 of 2009 concerning Environmental Protection and Management, and various derivative regulations. The latter involves investigating legal theories that are pertinent to the defense of residents' rights, including the notion of sustainable development, the right to a healthy environment, and the rights of indigenous peoples to land and natural resources. This research does not involve case studies or interviews, but focuses on a normative study of the applicable legal system. Through an analysis of national and international legal instruments, this research is expected to provide academic contributions in identifying weaknesses in existing regulations and providing recommendations for policy makers in improving legal protection for residents affected by mining projects. Thus, this research can be a basis for strengthening more effective legal protection in maintaining a balance between the exploitation of natural resources and the rights of local communities.

Riri Rianza; Suriadi Sirait; Gusron Gusron; Muhamad Adystia Sunggara; Syafri Hariansah

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines legal protection against child sexual exploitation through Augmented Reality (AR) and Virtual Reality (VR) technologies, which are increasingly developing in the digital era. AR combines virtual elements with the real world, while VR creates a fully immersive environment. Both offer positive opportunities and serious risks, including new crime modes such as the creation of avatars or virtual models of children for sexual purposes, grooming in virtual spaces, and the distribution of immersive child pornography. Anonymity, the difficulty of age verification, the lack of digital literacy, and the forensic challenges of 3D content are significant obstacles to law enforcement. Existing regulations, including Law No. 17 of 2016 concerning Child Protection, Law No. 1 of 2024 concerning the Second Amendment to the ITE Law, and Law No. 12 of 2022 concerning the TPKS, have provided a strong legal basis, but do not specifically regulate AR/VR technology. A normative juridical research method with a statutory and conceptual approach is used to analyze existing norms, regulatory gaps, and their relevance to international standards such as the Budapest Convention and the Lanzarote Convention. The research findings emphasize the urgency of adaptive regulatory updates to technological developments, the implementation of cybersecurity standards, mandatory age verification, and strengthening the capacity of law enforcement officers in digital investigations and AR/VR forensics. Cross-border and cross-sector collaboration is needed to expedite notice and takedown mechanisms and close legal loopholes exploited by perpetrators. These efforts are expected to create a safe digital environment for children and increase the effectiveness of legal protection in the realm of immersive technology.

Diyanggi Priya Romaito Pane; Alexandro Wiranto Tambe

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Technological developments in the modern era have experienced rapid growth, one of which is through the advancement of Artificial Intelligence (AI). This technology has now become an integral part of people's daily lives because it can provide convenience, efficiency, and innovation in various fields. However, behind the benefits offered, AI also carries potential risks, especially when misused. One of the most worrying forms of misuse is deepfakes, namely AI-based digital content manipulation that can convincingly imitate a person's voice, face, and movements. Deepfakes have triggered various digital crimes, such as identity forgery, the creation and distribution of non-consensual pornographic content including sexual exploitation, blackmailing, the spread of fake news (hoaxes), digital terror, fraud, and defamation. The increasingly sophisticated level of AI in manipulating data demands swift action, appropriate regulations, and effective oversight strategies from the government to anticipate its negative impacts. This research uses a normative juridical method with a statute approach and a conceptual approach. This approach allows for a comprehensive analysis of the existing legal framework, the concept of legal protection, and the urgency of establishing new regulations related to AI technology. The research findings indicate that the government needs to take a number of strategic steps, including: (1) drafting specific regulations governing the use and limitations of AI, particularly regarding deepfakes; (2) developing and implementing effective deepfake detection technology; (3) providing protection, recovery, and rehabilitation mechanisms for victims; and (4) implementing widespread public education to raise public awareness of the risks of AI misuse.

Reza Aulia Qusnul Khotimah

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

A child who becomes a victim of a criminal act, often referred to as a child victim, is one who experiences physical, psychological suffering, and/or loss of property due to a criminal act. In the case of children who are victims of sexual violence, it is not limited to physically healthy children, but also includes children with disabilities, whether physical, mental, or intellectual. These child victims have the right to restitution, which is a form of compensation for the harm and losses they have suffered. This study aims to identify the challenges faced by child victims of sexual violence and explain how the restitution process can be implemented within the context of Indonesian law. The author applies a normative research method and gathers data through literature review. The data obtained comes from legal regulations, court rulings, books, and relevant internet sources. The findings of this study indicate that restitution is a right granted to victims as a form of accountability from the perpetrator for their actions. Restitution aims to provide compensation for the victim’s suffering and loss, both materially and psychologically. However, several obstacles to fulfilling the right to restitution for child victims were identified. One of the main obstacles is the lack of understanding from the victim's family regarding the importance of restitution. Often, the victim’s family is unaware that they have the right to request restitution as part of the legal process. Additionally, inadequate cooperation between law enforcement and related institutions is another barrier to fulfilling the right to restitution. The lack of coordination between agencies in handling child sexual violence cases leads to delays in the restitution process. Therefore, it is crucial to raise awareness among the families of victims and improve cooperation between law enforcement, child protection agencies, and other related parties to ensure that the right to restitution is properly fulfilled.