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Diva Raniza; M. Indra Pratama; Roger Alfiano; Rizha Claudilla Putri

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

This paper explores the involvement of International Civil Law in the implications of foreign divorce on land rights by paying attention to the principles contained in International Civil Law. In terms of writing, the author will analyze Decision No. 19/Pdt.G/2014/PN.Sgr. as a review of facts that will be analyzed in accordance with the scope of International Civil Law using relevant research methods. The author reviews that the research method used to compile this writing is juridical-normative based on the applicable laws and regulations and in accordance with what is the subject of discussion. In addition, this paper also pays attention to the theory of legal protection by Philipus M. Hadjon and the principles contained in International Civil Law as supporting aspects in the preparation of this analysis. To strengthen the argument, the author also compares several provisions related to the status of land ownership by foreign parties and the application of pre-marriage agreements as an alternative settlement. The final result of this writing will highlight the correctness of the judge's decision based on the author's analysis and provide suggestions that are considered relevant as solutions that can be offered.

Cahya, Afinda Cahya Saputri; Fadiya Nabila; Yudi Widagdo Harimurti

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

Murder committed by children presents a dilemma in the criminal justice system, as it must balance the enforcement of justice with the protection of children's rights. This article examines the problematic nature of juvenile criminal liability in murder by comparing the perpetrator's legal approach to that of adults. Normative juridical research methods are used to explain legal provisions, court decisions, and related doctrines. The results indicate that juvenile offenders are not solely focused on their culpability but also on the child's psychological capabilities, maturity level, and social circumstances. Meanwhile, adult offenders are held fully accountable, with a focus on punishment. The main challenges are the difficulty of proving intent and the need for special mechanisms for handling juvenile offenders of serious crimes. This study provides for strengthening the capacity of law enforcement, improving child rehabilitation facilities, optimizing diversion mechanisms, and educating the public to support humane and proportional protection and enforcement of justice.

Salsabila Adira Balqis

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

This study discusses allegations of abuse of dominant position by Lion Air Group in the domestic aviation market and air cargo services in Indonesia. By controlling more than 50% of the market share, the group is suspected of unilaterally setting ticket prices and logistics costs, which could hinder healthy business competition and harm consumers and competing airlines. This study uses a normative juridical approach with a descriptive qualitative analysis method, supported by secondary data from legislation, KPPU reports, and academic literature related to competition law. The study's findings indicate that the concentrated market structure and weak regulatory oversight contribute to the formation of dominant behavior that harms the market and consumers. Legally, such actions violate Article 25 of Law Number 5 of 1999, as they result in discriminatory practices and unreasonable price control. Synergy between the KPPU and the Ministry of Transportation is needed to strengthen regulations in the aviation sector in order to create a business climate that is more fair, competitive, and oriented towards public welfare.

Randy Vallentino Neonbeni; Lego Karjoko; Pujiono Suwadi

Prosiding Seminar Nasional Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Inclusive policies are a must in governance, especially at the village level that deals directly with indigenous communities. Formal recognition of customary law in the determination of village boundaries under the national legal framework is crucial to create agrarian justice and legal certainty; Its relevance focuses on the importance of local wisdom accommodation and the structure of indigenous peoples as legal subjects entitled to their territories; The final goal of this study is to formulate a model of harmonization of positive law and customary law for the determination of participatory and equitable village boundaries; The main legal basis includes the 1945 Constitution Article 18B Paragraph (2) and Law (UU) Number 6 of 2014 concerning Villages; and Regulation of the Minister of Home Affairs Number 45 of 2016 concerning Guidelines for the Determination and Affirmation of Village Boundaries. This research uses a normative juridical method with a legislative and conceptual approach; The conflict resolution offered is through a consensus deliberation mechanism facilitated by the local government while still upholding the rights of indigenous peoples.  

Muhammad Irfan Maulana

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

This study analyzes the legal implications of the Merauke Food Estate Project on the principles of sustainable development and Indonesia's commitment to Net Zero Emission (NZE) from the viewpoint of international environmental law. Through a normative legal approach complemented by qualitative empirical analysis, this study reveals that the realization of this project has the possibility of violating national and international environmental principles, which include sustainable development, the precautionary principle, and the polluter pays principle, due to the mass deforestation that increases carbon emissions and the absence of the implementation of the Free, Prior, and Informed Consent (FPIC) mechanism for indigenous peoples. The findings indicate that the legal responsibility of the state and corporations in this project is not fully aligned with Indonesia's commitments under the Paris Agreement and the NZE target. Previously, and Informed Consent (FPIC/PADIATAPA) for indigenous peoples. The findings show that the legal responsibilities of the state and corporations in this project are not completely in line for Indonesia's commitments in the Paris Agreement and the 2060 NZE target, thus requiring policy reconstruction according to a rights-based strategy to ensure a balance between food security, ecological fairness, and a healthy environment.

Saka Andriyansa; Moh. Muhlisin; Dominikus Rato; Y.A.Triana Ohoiwutun

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

Law enforcement in the context of recovering state finances does not solely focus on corruption offenses, but also on administrative errors that may potentially cause losses to the state. The State Attorney (Jaksa Pengacara Negara/JPN) holds strategic authority through legal audits to identify, assess, and provide recommendations regarding potential state financial losses arising from administrative actions inconsistent with applicable regulations. This research formulates two main issues: first, how the legal authority of JPN is applied in conducting legal audits on administrative errors potentially causing state financial losses; second, what legal mechanisms are employed by JPN in conducting legal audits on such administrative errors. The findings of this study indicate that the implementation of legal authority by JPN through legal audits aims to ensure that every aspect of authority, procedure, and substance in governmental decision-making, as well as in the procurement of goods and services, complies with legal provisions, starting from the needs identification stage up to the final handover of work results. This is essential for JPN to accurately determine administrative errors that may potentially cause state financial losses and to formulate them in a legal audit report. The mechanism for resolving legal audit findings is carried out through coordination between JPN and the Government Internal Supervisory Apparatus (APIP) to determine the amount of potential losses. Subsequently, JPN provides recommendations to the applicant to return the potential losses to the state or regional treasury.

Fitriani, Ica; Subekti, Dimas; Pasaribu, Ian

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

The 2024 regional elections in Jambi City sparked internal conflict within the Golkar Party when the recommendations of the Regional Representative Council II did not align with the Central Executive Board's decision regarding the mayoral candidate. The tension was successfully resolved through the implementation of procedural leadership based on the party's statutes and regulations, as well as a tiered nomination mechanism. This study aims to understand the role of procedural leadership in restoring solidarity and maintaining organizational stability after a nomination conflict. Using a qualitative approach with case studies, the study collected data through in-depth interviews and documentation with informants selected through purposive and snowball sampling. Data analysis was conducted using the Miles & Huberman model through data reduction, presentation, and conclusion drawing. The results show that procedural mechanisms, the use of surveys, and the exemplary behavior of charismatic figures particularly the chair of the DPD IIplay an important role in alleviating cadre disappointment. This study confirms that procedural leadership is a key instrument in maintaining the solidarity of the Golkar Party and recommends strengthening internal communication and balancing surveys with regional aspirations.

Ahmad Muhamad Mustain Nasoha; Nida Nur Hidayati; Latifah Rahmadani Oktaviana; Farah Aghnia Fauzia; Mutiara Dwi Rachmawati

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

This research discusses Indonesia's national identity in the framework of citizenship using the perspective of Fiqh Siyasah. The background of this research is the importance of integrating Islamic values in strengthening a pluralistic national identity in the midst of the social, political, and cultural dynamics of modern society. The purpose of this study is to examine the relationship between the concept of modern citizenship and the principles of Fiqh Siyasah and its implications for strengthening national identity. The research method used is a qualitative study with a literature analysis approach, which allows the author to explore various classical and contemporary sources related to the concept of citizenship in Islam and its application in Indonesia. The results of the study show that the values of Fiqh Siyasah, such as justice, benefit, and unity, can be a moral and ethical foundation in strengthening Indonesia's inclusive, democratic, and equitable national identity. In addition, its implementation can strengthen the sense of responsibility of citizens in maintaining the stability of the nation. The conclusion of the study emphasizes the importance of collaboration between Islamic thought and national principles to build a sustainable national identity that is adaptive to the changing times.

Fauziah Sandy; Rintaria Rintaria; Putri Kesuma Ningrum

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

This study aims to analyze the effectiveness of the Family Hope Program (PKH) in alleviating poverty, with a case study focus on Sei Jang Village, Tanjungpinang City. PKH is a social assistance program initiated by the government to improve the welfare of the poor through conditional cash assistance. The reason the researcher chose this title was to determine the extent to which PKH is effective in reducing poverty, especially since data shows a decline in the number of PKH recipients in Sei Jang Village in 2023. This study uses a qualitative approach with a descriptive method, where data is obtained through in-depth interviews, observation, and documentation studies. To measure the level of effectiveness, the theory from (Makmur, 2015) was used, which states that the elements of effectiveness include accuracy in timing, accuracy in calculation, accuracy in measurement, accuracy in decision making, accuracy in thinking, accuracy in carrying out orders, accuracy in determining goals, and accuracy in targeting. The results of the study show that PKH has had a positive impact on reducing the economic burden on poor families, particularly in meeting the educational and health needs of children. However, the effectiveness of this program is still hampered by several factors, such as delays in fund disbursement, participants' lack of understanding of the program's terms and conditions, and minimal assistance from relevant officials. In addition, another challenge in the form of inaccuracy in targeting beneficiaries also affects the overall achievement of the program. These findings indicate that better management and supervision are urgently needed. This study concludes that although PKH contributes significantly to poverty alleviation, improvements in management and supervision are needed to maximize the program's objectives. The proposed recommendations include increasing the capacity of social workers, improving the beneficiary selection mechanism, and strengthening coordination among stakeholders at the local level.

Vivilia Agnata Mudi; Magdhalena Tasik Todingrara

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

The principle of freedom of contract is a fundamental concept in civil law that provides parties with the autonomy to form, determine the content of, and implement an agreement. However, the development of information and communication technology has brought about the phenomenon of the digital economy, which has transformed patterns of contractual relationships, particularly through electronic contracts. The characteristics of digital contracts uniform, instantaneous, and generally expressed in standard clauses raise the question of the extent to which the principle of freedom of contract remains relevant. This article aims to analyze the concept of freedom of contract in civil law, its application in the digital economy, and to assess its relevance in addressing contemporary legal challenges. The research employs a normative juridical method with statutory, conceptual, and comparative approaches. The findings indicate that the principle of freedom of contract continues to hold relevance, but its application cannot be understood in absolute terms. In the digital context, the principle requires reinterpretation by taking into account contractual justice and consumer protection.

Miftahur Rizki

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

The copyright infringement of public appearances at Mie Gacoan Bali Outlet reflects the weak legal awareness of the use of copyrighted works for commercial purposes without permission. The act of playing songs without paying royalties has legal consequences for the company, in accordance with the provisions of Law No. 28 of 2014 concerning Copyright. This research aims to analyze the qualifications of violations that ensnare the company's directors and the form of dispute resolution applied. The method used is normative legal research with a legislative approach and related case studies through qualitative analysis. The results of the study show that the royalty payment obligation of Rp2,264,520,000.00 is calculated based on the Decree of the Minister of Law and Human Rights Number HKI.2.OT.03.01-02 of 2016, with a rate of Rp120,000 per seat per year. Disputes are resolved through a royalty payment mechanism as a form of fulfillment of the economic rights of the creator. This study concludes that strengthening legal understanding, optimizing the implementation of regulations, and improving education and socialization are the keys to creating compliance with copyright protection and encouraging the realization of a fair, ethical, and sustainable music industry ecosystem in Indonesia.

Dimas Hadijaya

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

This study aims to analyze the implementation gap (Das Sein) against the normative provisions (Das Sollen) regarding the prohibition on riding a motorbike with more than one passenger (Bonceng Tiga/BOTI) as regulated in Article 106 Paragraph (9) of Law Number 22 of 2009 concerning Traffic and Road Transportation (LLAJ Law). The main problems studied are the factors underlying public non-compliance and the effectiveness of the role of the authorities in implementing criminal sanctions in the form of fines in Article 292 of the LLAJ Law. This study uses a normative legal research method with a statute approach and a conceptual approach. The secondary data analyzed are in the form of primary legal materials (LLAJ Law) and secondary (journals, books, study results). The results of the initial study indicate a significant gap between the prohibition norm (Das Sollen) and practice in the field (Das Sein). Public non-compliance is influenced by socio-economic factors (wanting to save time and costs), while the effectiveness of the maximum fine of IDR 250,000.00 (Article 292) is considered low because the nominal value does not create an adequate deterrent effect. In addition, inconsistent law enforcement also exacerbates ineffectiveness. Therefore, a revision of the legal substance and an increase in enforcement consistency are needed to optimize traffic safety guarantees.

Azzarah Shifana Aliq Putrie; Hanuring Ayu Ardhani Putri

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

This study examines the legal protection provided to holders of Building Use Rights (HGB) on land under Management Rights (HPL) as interpreted in Supreme Court Decision No. 2160 K/Pdt/2017. The research aims to understand how civil law is applied to ensure legal certainty for HGB holders on HPL land and to strengthen insight into civil law principles used in resolving land-rights disputes. In the juridical context, land refers to the earth’s surface, while land rights are defined as authority over a specific, limited portion of that surface. Legal certainty, based on written regulations implementing the Basic Agrarian Law No. 5 of 1960, provides clarity regarding the rights and obligations of parties who own or control land. The study was conducted at the Sragen Police Resort using documentation methods—reviewing legal texts, literature, and supporting materials—along with field data obtained through interviews with relevant officers and individuals familiar with the case. The findings show that the Judex Facti of the West Java High Court made an error by declaring that no new issues required examination without giving adequate legal reasoning. The court also failed to address the objections submitted by the appellant, violating Article 50 paragraph (1) of Law No. 48 of 2009 on Judicial Power. Consequently, the Supreme Court annulled the previous decision, clarifying the legal consequences and strengthening the interpretation of HGB status on HPL land.

Ahmad Padila Selamet; M.Ali Akbar; Ahmad Zainuri; Frika Fatimah Zahra

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

This article aims to explore the application of local wisdom values ​​in the Love-Based Curriculum at Islamic Elementary Schools (MI) as a strategy for building character, strengthening cultural identity, and strengthening humanity-oriented education. The Love-Based Curriculum focuses on the values ​​of compassion, empathy, social responsibility, and respect for diversity, which are integrated into all subject areas. The integration of cultural and local elements serves to increase the connection between education and the realities of students' lives. This study is compiled based on research findings regarding the implementation of the Love Curriculum at MI Al-Islah Palembang and research related to local wisdom-based learning at Islamic Elementary Schools. The results of the analysis indicate that the application of love values ​​and local wisdom makes a positive contribution to character formation, increasing learning motivation, and strengthening students' cultural identity. The main challenges lie in the limited availability of learning tools, the need for teacher training, and adequate policy support.

Ketut Anjaya Wilansa Wisna

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

The current penal system in Indonesia focuses solely on the punitive nature of sentencing, without considering how to effectively reform the child offender for the better. This research employs a normative juridical method. The litigation process or juvenile justice system has been specifically regulated under Law Number 12 of 2011, which prioritizes the diversion system. In the litigation process, children's rights to grow, develop, and receive education must not be diminished. The educational penal system for children as criminal offenders has been regulated in Law Number 3 of 1997, particularly concerning the sanctions imposed on children as stipulated in Article 24 paragraph (1), which include: returning the child to their parents, guardian, or foster parent; handing over the child to the state to undergo education, coaching, and job training; or handing the child over to the Ministry of Social Affairs or social organizations engaged in education, coaching, and job training. The diversion system implemented in Indonesia differs from the diversion systems applied in other countries, where the system often collaborates with the Ministry of Social Affairs. According to Law Number 12 of 2011, diversion must be prioritized for children in order to prevent psychological harm. Obstacles in implementing educational sentencing or diversion systems for children arise when judges in Indonesia impose sentences rigidly based solely on statutory provisions, without considering the background, the best interests of the child, or the psychological impact of the decision, and without prioritizing justice for the child.

Muhammad Mujab Nabil; Zahran Qolbi Salim; Eiffeliqa Torriq Fatima Putrinindra; Moh. Imam Gusthomi

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

Law Number 51 of 2009 represents a pivotal milestone in strengthening the authority of the Indonesian Administrative Court (PTUN), particularly regarding the executorial aspects of its decisions, which were previously considered weak and insufficient in providing adequate legal protection for the public. This study aims to examine and analyze the executorial power of PTUN decisions following the enactment of the regulation, with a focus on the effectiveness of decision enforcement, the obstacles encountered, and the implications for governance based on the principles of the rule of law. Employing a normative juridical approach supported by analyses of literature, legislation, and selected court decisions, this research demonstrates that Law 51/2009 has brought significant progress, especially through provisions requiring administrative officials to comply with court rulings, the introduction of administrative sanctions, and the application of dwangsom as a coercive measure. However, its effectiveness remains suboptimal due to several persistent challenges, including weak oversight of officials who fail to implement decisions, the limited application of sanctions in practice, and a bureaucratic culture that tends to be unresponsive to judicial authority. Additionally, disharmony among sectoral regulations and insufficient inter-agency coordination further hinder the executorial function of PTUN.

Dewa Made Yuda Dwi Artana; I Putu Dwika Ariestu

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

In international relations, it is very necessary to pay attention to what a country can and cannot do when interacting with other countries as a form of respect for sovereignty and international norms. Relations between countries in international life also include the involvement of international organizations that have an important role in maintaining global stability. In accordance with the goal of international organizations to resolve conflicts between countries, one of the conflicts that must be of concern to the world is armed conflict. One of the wars that is still in the spotlight to this day is the war between Israel and Palestine in the Gaza Strip. The research method used in this article is a normative legal research method with a literature approach and a case approach, namely related to war crimes in the Israeli-Palestinian conflict in the Gaza Strip. The United Nations as part of an international organization within the framework of the Law of the International Organization has made various efforts to maintain peace in Palestine. However, because this war is one of the most complicated, protracted, and fraught with international political importance, its resolution still faces various obstacles that make it difficult to end the conflict to this day.

Mutiara Mutiara; Nazwa Fithri; M. Ikhsan Syahputra; Sabarudin Sabarudin; Tri Reni Novita

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

The phenomenon of sudden resignations, which is common among Generation Z, has become a concern in the modern world of employment. Changes in mindset, expectations of work, and demands for work-life balance are the main factors driving these decisions. However, sudden resignations also raise legal issues related to breaches of employment agreements and the moral responsibilities of employees. This article discusses this phenomenon from the perspective of Indonesian labor law, outlining the contributing factors, the impact on employment relationships, and the legal provisions that govern it. This study uses a normative-descriptive approach based on Law Number 13 of 2003 concerning Labor and Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of the Job Creation Law into Law. This phenomenon shows a gap between normative labor regulations and the reality of a younger generation that is more dynamic and flexible in their work. Therefore, companies and policymakers need to be more adaptive in order to adjust labor regulations to the changing characteristics of today's workforce. In addition, this study also highlights the importance of effective communication between workers and employers to prevent sudden resignations. The results of this study are expected to contribute to the development of labor policies that are more responsive to the needs of Generation Z. Thus, a balance between legal certainty and flexibility in employment relationships can be achieved harmoniously.

Ahnaf Nur Fauzan Romadhon; Ai Nazwa Nurbayati; Darmana Aries Setiawan; Farrel Ar Rasyid; Enjang Rohiman

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

The rapid development of digital technology has driven the advancement of the gaming industry in Indonesia, including the emergence of local games such as DreadOut by Digital Happiness, which has gained international recognition. However, this success is accompanied by serious challenges in the form of piracy through illegal websites that harm copyright holders. This study aims to analyze the legal protection of the game DreadOut against piracy practices based on Law Number 28 of 2014 concerning Copyright. The method used is a normative juridical approach through statutory analysis and literature study. The findings show that DreadOut is a copyrighted work categorized as a video game and is legally protected. Nevertheless, law enforcement against piracy still faces various obstacles, such as the complaint-based offense system, low public awareness, and the ease of access to piracy sites. Therefore, stronger inter-agency cooperation, policy reforms to shift complaint-based offenses into ordinary offenses, and public education to increase respect for intellectual property rights are needed. Effective legal protection will support the growth of the local gaming industry and ensure the sustainability of Indonesian creative works in the digital era.

Miftahul Jannah; Nabila Putri Fauziyah

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

Land ownership in Indonesia has both philosophical and juridical dimensions closely linked to citizenship status. According to the Basic Agrarian Law (UUPA) of 1960, only Indonesian citizens are entitled to hold full ownership rights over land. This study aims to analyze the philosophical and juridical foundations of citizenship as a prerequisite for land ownership and its implications for social justice and national sovereignty. The research employs a normative legal method with statutory, conceptual, and philosophical approaches. Data are obtained through literature review of legislation, court decisions, and scholarly works, including Ahmad Muhammad Mustain Nasoha’s views on citizenship in the agrarian law context. The results indicate that restrictions on foreign land ownership are not merely administrative policies but a philosophical manifestation of the idea that land is essential to state sovereignty and public welfare. Juridically, this regulation reinforces the principles of nationality and distributive justice within Indonesia’s agrarian legal system. The study concludes that citizenship as a requirement for land ownership functions as a legal safeguard of the nation’s right to the land and a means to achieve social justice.