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Ety Isworo; Wiwik Yulianti; Femmy Silaswaty Faried

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The bankruptcy of a major company like PT Sri Rejeki Isman Tbk (Sritex) not only reflects a financial crisis but also opens a significant debate about legal fairness for stakeholders, particularly laborers and company owners. This research examines the impact of the bankruptcy on the fulfillment of laborers' normative rights and the legal protection afforded to company owners. Using a juridical-normative approach and a case study method, the findings reveal that the bankruptcy process still presents imbalances in legal protection, especially for laborers who, despite being legally recognized as preferential creditors, are often disregarded in practice. This article recommends regulatory reform and strengthening the state's role in ensuring justice throughout the bankruptcy proceedings.

Raisha Cantika Mutiara; Aurora Jillena Meliala; Heru Sugiyono

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

This study examines the legal protections and enforcement mechanisms against securities dilution in technology‐sector issuers adopting multiple voting rights stock classifications following an initial public offering (IPO) under Indonesia’s Financial Services Authority Regulation No. 22/POJK.04/2021. It addresses two core issues: the adequacy of minority shareholder safeguards embedded within the regulatory framework and the nature and extent of share dilution experienced by existing investors in dual‐class structures. Employing a normative legal research design with a doctrinal approach, the analysis draws on primary sources including UU No. 40/2007, UU No. 4/2023, POJK 22/POJK.04/2021, issuer prospectuses, and PT GoTo Gojek Tokopedia’s 2022–2024 annual reports complemented by secondary literature and tertiary legal references. Findings reveal that POJK 22/POJK.04/2021 integrates quantitative limits (a 90 percent cap on aggregate superior voting rights), procedural safeguards (minimum 5 percent ordinary‐shareholder quorum and independent renewal approval), temporal constraints (10‐year sunset clause), and one‐share‐one‐vote requirements for critical corporate actions, alongside a novel graduated voting ratio system. The GoTo case study underscores persistent misalignment between cash‐flow and voting rights, marked by significant share price volatility and reliance on share buybacks rather than dilutive issuances. While the regulatory framework is comprehensive, its efficacy is contingent on robust enforcement, transparency of indirect ownership, and institutional maturity. Empirical evaluation of post‐IPO dilution events, minority litigation outcomes, and enforcement actions is recommended to assess real‐world impacts.

Putri Rizka Nurwijedah Kadir

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

Gender-based violence has become a growing global problem, but in Mexico, the phenomenon of femicide has reached a concerning crisis level. Femicide, or the killing of women because of their gender identity, reflects the most extreme form of inequality and injustice experienced by women in society. This study seeks to examine the femicide crisis in Mexico as a manifestation of the state's failure to fulfill its obligation to protect women's rights. Through a qualitative descriptive approach, this study analyzes how weak legal institutions, high rates of impunity, and a deeply rooted patriarchal culture exacerbate the situation of violence against women. In addition, this study also examines the extent to which Mexico has implemented international standards, especially the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and how the state has failed to implement them effectively. Using the concept of state failure, this study concludes that the femicide crisis in Mexico is not only a social problem, but also reflects the state's structural inability to provide equal legal protection and justice for women. Therefore, there needs to be a comprehensive reform of the legal system and gender-responsive public policies based on human rights principles. Therefore, increasing institutional capacity and strengthening public accountability mechanisms are important steps so that the state is no longer negligent in handling femicide and is truly present for victims in a real and comprehensive manner.

Muhammad Iqbal Rifai; Yopa Emalia Fajarini; Reinhard Silaen; Bambang Fitrianto

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

This study examines the legal aspects and implementation of employment contracts in Indonesia in the context of changes in labor regulations. The study analyzes the legal framework underlying employment contracts, worker rights protection, employer obligations, and implementation challenges in the field. Using a qualitative approach and legal document analysis, this study identifies several key issues related to employment contracts, including imbalance in bargaining power, unclear clauses, and compliance with the latest regulations. The results of the study show that although there has been progress in legal protection through labor laws, implementation in the field still faces various challenges. This study provides recommendations for improving policies and practices related to employment contracts that are more balanced, transparent, and in line with the principle of fairness for all parties.

Teuku Ikhlasul Mufti; Ilyas, Ilyas; Adwani, Adwani

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

Article 19 paragraph (1) of Law Number 5 of 1960 concerning Basic Agrarian Principles "To ensure legal certainty by the government, land registration is carried out throughout the territory of the Republic of Indonesia according to the provisions regulated by government regulations". In fact, there are still many waqf lands that have not been registered with the National Land Agency (BPN), causing weak protection and legal certainty for waqf lands in Indonesia. This research uses normative juridical methods with regulatory and conceptual approaches. The results show that waqf land that is not registered with the national land agency has a weak position before the law, although religiously the waqf land that has been pledged is valid in sharia, but without official administration at the national land agency, the legal protection of waqf land is weak. The legal consequences of waqf land that is not registered with the national land office make the status of the waqf land still the previous property, because land registration is an administrative obligation that must be fulfilled to obtain legal certainty that is recognised in positive law by being registered with the National Land Agency. By not registering with the National Land Agency in accordance with the provisions of the law, the status of waqf land has not been registered as waqf asset land. It is recommended that the National Land Agency continue to socialise the importance of waqf land certificates and cooperate with the Indonesian Waqf Board and the Religious Affairs Office in its registration. It is also suggested that a regulation be made requiring nadhirs to report on waqf practices in the village every six months to record unregistered waqf land.

Feni Aryani; Beverly Evangelista; Hanifah Mutiah

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

This study aims to analyze the legal protection of Geographical Indications (GI) for Kain Tenun Bima under Law No. 20 of 2016 concerning Trademarks and Geographical Indications, with a focus on the registration mechanism. Kain Tenun Bima, or Tenun Mbojo, is a cultural heritage of the Bima community, possessing high cultural and economic value. However, as of June 2024, this fabric has not yet been registered as a GI, leaving it vulnerable to counterfeiting and misuse by unauthorized parties. The research employs a normative method with a descriptive-analytical approach, examining primary data such as UU No. 20 Tahun 2016 and secondary data from journals, books, and government documents. The findings reveal that Kain Tenun Bima meets all GI criteria, including geographical origin, natural and human factors, and unique characteristics. GI registration offers legal, economic, and cultural benefits, such as protection against counterfeiting, increased market value, and preservation of cultural heritage. The GI registration process involves administrative and substantive stages by the Direktorat Jenderal Kekayaan Intelektual (DJKI),, requiring comprehensive documentation of the product's uniqueness. Challenges in registration include a lack of legal understanding and coordination among stakeholders. Therefore, collaboration between the government, weaving communities, and academics is essential to accelerate the GI registration for Kain Tenun Bima, ensuring legal protection and sustainability as a regional cultural and economic asset.

Sri Utami; Hepy Krisman Laia; Muhammad Arif Sahlepi

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

The purpose of this study is to determine the forms of violence against children and how legal protection for children as victims of crime is according to Indonesian criminal law. Legal protection for children is an important issue that requires serious attention from various parties, including the government, society, and family. Children have basic rights that must be protected to ensure they grow and develop properly. This paper discusses the concept of legal protection for children, the legal basis underlying child protection in Indonesia, and the challenges and solutions that can be applied to improve legal protection for children.  

Muhammad Bima Nafis Mulki; Temmy Fitriah Alfiany

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

The purpose of this study is to determine how the regulation and implementation of legal protection for lenders in cases of default based on the Financial Services Authority Regulation (POJK) No. 77/POJK.01/2016 concerning Information Technology-Based Money Lending Services. This study also examines the form of legal responsibility of the platform organizer, as well as dispute resolution efforts that can be taken by lenders. The research method used is the normative legal method with a statutory regulatory approach and case studies. Data were obtained through literature studies and documentation of applicable legal provisions, as well as relevant documents and reports from PT. Crowde. The analysis was carried out qualitatively-descriptively to assess the suitability between field practices and applicable regulations. The results of the study indicate that POJK No. 77/POJK.01/2016 has not fully provided comprehensive legal protection for lenders in cases of default. Legal responsibility for default is still largely borne by the civil relationship between the borrower and the lender, without any concrete risk recovery mechanism from the organizer. Therefore, it is necessary to strengthen regulations, increase platform transparency, and play an active role for the OJK and the Indonesian Joint Funding Fintech Association (AFPI) in supervising and following up on default cases.

Nabiha Khansa Rusyda

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal protection of personal data subjects in the case of the 2024 data breach at the Temporary National Data Center (PDNS) managed by the Ministry of Communication and Informatics (Kominfo), based on Law Number 27 of 2022 on Personal Data Protection. The research employs a normative juridical method with a case study approach and statutory analysis. Legal materials are obtained from primary and secondary sources using literature research techniques. The findings reveal that Kominfo, as a public body and personal data controller, has not fully fulfilled its obligations to protect personal data as mandated by the law, as reflected in weak security systems, lack of transparency, and slow response to the breach incident. This study highlights the urgent need for the establishment of implementing regulations and an independent supervisory institution to ensure the effective protection of personal data for the public in Indonesia.

Mirna Syafitri Rahmadani; Sumantri Ritonga; M. Iqbal Parinduri; Herna Adelia BR Simamora

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

This study uses a qualitative method to analyze criminal law enforcement against violations of workers’ rights, especially cases of worker neglect based on Law Number 13 of 2003 concerning Manpower. The focus of this study is to examine how the implementation of criminal law is applied in handling cases of worker neglect, as well as the effectiveness of legal protection provided to workers whose rights are violated. Through a descriptive analytical approach, data were collected from various sources, including interviews with related parties and legal document studies, in order to obtain a comprehensive picture of the obstacles and challenges in law enforcement in the field of employment. The results of the study indicate that although Law Number 13 of 2003 has clearly regulated the rights and obligations of workers and employers, there are still obstacles in its implementation, especially in terms of supervision and enforcement of criminal sanctions against violations. This study recommends increasing the role of labor inspectors and optimizing law enforcement mechanisms to ensure effective protection of workers’ rights.

Brigita Natalia Rose Santi; Adi Sulistiyono

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

Postponement of Debt Payment Obligations (PKPU) is a legal mechanism that provides an opportunity for creditors and debtors to submit a debt reschedule plan to avoid bankruptcy. In the PKPU process, creditors have a role in determining the success of the agreement. In this case, concurrent creditors are more advantaged, because their position can be equal to that of separatist creditors who have collateral. This study examines how the existence of concurrent creditor sovereignty in the agreement process through PKPU, and to what extent the regulations regarding concurrent creditors and their rights are benefited in the cassation decision, especially in the Supreme Court Decision Number 751 K /Pdt.Sus-Pailit/2024. This research is a normative legal research, with prescriptive legal approach and conceptual approach. The types of data used include primary and secondary legal materials, which are collected through literature studies. The legal material analysis technique uses the syllogism and interpretation methods. The results of the analysis, this study identifies how the protection of concurrent creditor sovereignty in peace through PKPU. And how the Supreme Court Decision in Decision No. 751 K/Pdt.Sus-Pailit/2024 pays more attention to concurrent creditors. In this discussion, shows how the regulations and legal protection of concurrent creditors, while discussing the Supreme Court Decision No. 751 K/Pdt.Sus-Pailit/2024 which gave rise to polemics in the interpretation of the provisions of Article 281 paragraph 1. However, it is likely to reflect the judiciary in considering all creditors and debtors, to achieve equal justice for all parties.

I Putu Gede Nesa Saputra Yasa

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

The development of the digital economy has led to a significant increase in the number of freelance workers in Indonesia. Despite their growing contribution to the economy, their legal status within the national employment system remains normatively ambiguous. This research aims to analyze the normative ambiguity of the status of freelance workers in Indonesian legislation and its juridical implications for their legal protection. The research method used is normative juridical with a statute approach and a conceptual approach. The results indicate that Law No. 13 of 2003 concerning Manpower in conjunction with Law No. 6 of 2023 does not explicitly define or regulate the category of freelance workers. Consequently, their legal relationship is often positioned in a grey area between a "work relationship" of a subordinative nature and a "partnership relationship" of a coordinative nature based on the Indonesian Civil Code. The implications of this ambiguity are significant, encompassing the absence of normative rights such as minimum wage, social security, severance pay, and uncertainty in dispute resolution mechanisms. This study concludes that normative ambiguity creates legal vulnerability for freelancers and recommends regulatory reform to provide legal certainty and adaptive protection for non-standard work models.

Nuna, Riknan; Thalib, Satriyo Pratama; Moonti, Roy Marthen; Kasim, Muslim A.

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

The protection of justice collaborators (JC) is a vital element in the eradication of extraordinary crimes such as corruption, narcotics, and premeditated murder. However, in the practice of criminal justice in Indonesia, there is still a gap between the normative legal framework and the implementation of protection for JCs. This research aims to juridically evaluate the effectiveness of the JC protection mechanism based on national regulations and judicial practice. The method used is normative legal research with a case study approach, through analysis of legislation, court decisions, and LPSK documents. The results of the study show that weak institutional coordination, inconsistency of decisions, and lack of post-trial protection are the main obstacles. It is necessary to codify JC protection in criminal procedure law and strengthen the capacity of legal apparatus to realize comprehensive protection. This research contributes to the development of a fairer and more responsive justice system in protecting the moral courage of JCs.

Hinelo, Fikran; Djailani, Abdul Rizal; Moonti, Roy Marthen; Kasim, Muslim A.

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

Cases of child sexual abuse in Indonesia continue to show an alarming trend and have serious physical, psychological and social impacts on victims. This research aims to analyze the legal and social implications of these criminal acts and formulate responsive and adaptive legal protection strategies. The research method uses a normative-juridical approach through a literature study, supported by secondary data from scientific journals, laws and regulations, and official reports. The results of the study show that although child protection regulations have been regulated in Law Number 35 of 2014 and Law Number 12 of 2022, their implementation still faces obstacles, such as weak law enforcement, lack of assistance services, and low public legal awareness. Protection strategies based on the victim's perspective, community legal education, and utilization of digital technology are proposed as solutions. This research recommends inter-agency synergy and the strengthening of a legal system that is adaptive to social and digital developments

Faisal Lutfi; Rahmayanti Rahmayanti; Muhammad Faiz Hadi; Eddy Eddy

International Journal of Social Welfare and Family Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Legal protection of personal health data amidst the rapid digitalization of health services, such as telemedicine, electronic medical records, and online consultation applications is very important. Sensitive health data requires careful management, but in fact, many digital service providers in Indonesia have not implemented adequate security standards. The case of the BPJS Kesehatan participant data leak is a real example of the weakness of the data protection system, coupled with the practice of data misuse by digital platforms without valid consent. The method used is qualitative with a normative legal approach, through a literature study of primary and secondary regulations such as Law No. 27 of 2022 concerning Personal Data Protection (UU PDP), the ITE Law, and related Government Regulations and Permenkes. The results of the study show that although regulations are comprehensively available, implementation in the field still faces serious challenges such as the lack of appointment of Data Protection Officers (DPOs), weak supervision, and low awareness of data protection. Real threats such as cyber attacks, data leaks due to negligence, and misuse by third parties are the main issues. Electronic system providers have a great responsibility in building an information security system, preparing privacy policies, and implementing the principle of "privacy by design".  

Muhd. Basry Hamaya

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The policy of postpaid data quota elimination by telecommunication companies in Indonesia has raised legal issues in the context of consumer protection. This practice is often implemented without transparency or explicit consent from consumers, despite the fact that the data quotas have been fully paid. This study aims to analyze the compatibility of the quota elimination policy with the principles of contractual fairness and consumer protection under Indonesian positive law. The research uses a normative juridical method, focusing on statutory regulations, legal doctrines, and comparative practices from other jurisdictions. The findings reveal that standard clauses regulating data quota forfeiture without a rollover or compensation mechanism contradict Article 18 of Law Number 8 of 1999 concerning Consumer Protection and violate the principles of good faith, balance, and transparency in contracts. Therefore, such policies are inconsistent with the doctrine of fair contracts and the legal responsibilities of business actors as mandated in the Indonesian consumer protection legal system. This study recommends the establishment of technical regulations by BRTI and the Ministry of Communication and Information (Kominfo) to ensure fair and sustainable protection of consumer rights over paid data services.  

Usman, Arya Ramadhan; Mokodogan, Natasya; Moonti, Roy Marthen

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

Female-headed households (PEKKA) in rural areas represent a vulnerable group that often faces structural barriers in accessing their social and economic rights, particularly in relation to Cash Transfer Assistance (BLT) policies. The urgency of this study stems from the persistent gap between policy implementation and the specific needs of PEKKA. This research aims to examine the forms of legal protection and economic access available to PEKKA in several villages in Central Java through the BLT scheme. Utilizing a qualitative approach, data were collected through in-depth interviews, observation, and document analysis, and analyzed using descriptive qualitative methods. The findings reveal that administrative obstacles, social stigma, and the lack of gender-sensitive approaches are key factors hindering the fulfillment of PEKKA’s rights. Although formal policies exist, their implementation at the local level remains unresponsive and fails to address structural inequalities. This study contributes to the development of socially just and gender-equitable policy frameworks at the village level. It concludes that reformulating inclusive and advocacy-based social policies for PEKKA is essential, alongside further research exploring transformative legal approaches and sustainable economic empowerment.

Arya Pratama Nazara; Mhd Fadillah Pulungan; Lokot Hasanah Harahap; Rizka Arifah

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

This study uses qualitative methods to analyze the law on menstrual leave and maternity leave rights in the practice of the workplace in Indonesia. This study aims to examine the implementation of Law Number 13 of 2003 concerning Manpower which provides menstrual leave and maternity leave rights for female workers, and examines the obstacles faced in its implementation in various companies. The results of the study indicate that although the legal framework has clearly regulated these rights, their implementation in the field is still not optimal. The main obstacles found include the lack of understanding and awareness of workers and employers, weak government supervision, and the existence of cultural stigma and discrimination related to menstruation and pregnancy. In addition, several companies still implement policies that are not in accordance with regulations, such as salary deductions or restrictions on leave rights. This study recommends increasing the socialization of regulations, strengthening supervision, and enforcing strict sanctions so that legal protection for menstrual leave and maternity leave rights can be realized fairly and effectively, thereby supporting social justice and the protection of female workers in Indonesia.  

Melia Dwi Hasanah; Dea Zulfa Inayah; Nazwa Bunga Rezki Perdana Lubis; Cindy Aulia

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study uses a qualitative method to examine legal protection for female workers who experience discrimination in employment relationships. Discrimination against women in the workplace remains prevalent, taking forms such as unequal pay, limited opportunities for promotion, and sexual harassment, all of which affect their safety and comfort at work. Legal protection for female workers is regulated by various laws, including the Manpower Act, the Human Rights Act, and ILO conventions ratified by Indonesia. However, the implementation of these protections is often ineffective due to weak law enforcement, limited awareness among female workers regarding their rights, and the persistence of patriarchal culture. This study aims to analyze the extent to which legal regulations and their implementation function effectively, as well as the obstacles female workers face in claiming their rights. Data were collected through in-depth interviews, literature review, and document analysis. The findings indicate the need to strengthen labor inspection institutions and provide legal education for female workers to achieve justice in employment relationships.  

Eka Sakti Panca Indraningsih; Hedwig Adianto Mau; Mardi Candra

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

The use of materials in health research requires a binding instrument to regulate the distribution of benefits. Material Transfer Agreement (MTA) is an essential material transfer agreement, allowing the management of the transfer through negotiation until a mutually beneficial agreement is reached. In addition, MTA functions as a contract that protects the rights of the parties involved and ensures compliance with regulations, based on the theory of legal protection and authority. This study uses a normative legal method with a statutory and conceptual approach. The collection of legal materials is carried out through the identification of positive legal rules, as well as examining primary, secondary, and tertiary sources. The data is then analyzed from the identification of legal facts to drawing conclusions. The results of the study show that MTA regulations in Indonesia are comprehensively regulated by various levels, including Law Number 17 of 2023 concerning Health (Article 340 paragraph 3), Law Number 11 of 2019 (Article 76 letter h and Article 77 paragraph 1), Government Regulation Number 28 of 2024 (Articles 972, 1025–1031), and Regulation of the Minister of Health Number 85 of 2020 (Articles 4, 5, 6, 7, 9, 14, 15, and 16 paragraph 1). These national legal frameworks complement each other to ensure procedural certainty, biosafety, benefit sharing, protection of intellectual property rights, and sanctions for violators in the transfer of health materials. Although its implementation faces preventive and repressive challenges, MTA has proven essential in bridging national and commercial interests, increasing the capacity of science and technology, and protecting the sovereignty of Indonesia's genetic resources.