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Sefika Pradana

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

The growth of digital transactions has made it easier for people to buy goods or services, including concert tickets. However, this convenience also increases the risk of fraud, especially through social media. The case of Golden Disc Award (GDA) 2024 ticket fraud on Twitter shows a systematic modus operandi, such as the use of fake accounts and identities, suspiciously cheap ticket prices, and the transfer of communication to private platforms. Victims suffer material and psychological losses, while perpetrators often disappear after receiving payment. Legally, these actions violate Article 378 of the Criminal Code, the Electronic Information and Transactions Law, and consumer rights as stipulated in the Consumer Protection Law (UUPK). This study emphasizes the importance of consumer protection in digital transactions, strengthening regulations, and improving public digital literacy to prevent fraudulent practices. Collaboration between the government, law enforcement agencies, concert organizers, digital platforms, and consumers is key to improving the security of online transactions.

Hernawati, Hanifah Linda

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

The rampant circulation of illegal drugs involving children as drug couriers is an issue that requires serious attention from the government, law enforcement agencies, and the wider community. It is important to note that children who commit criminal acts must still receive legal protection in order to ensure their best interests. This study aims to examine the forms of criminal liability and legal protection provided to children who act as drug couriers. The method used in this paper is normative juridical. The results of the study show that children who commit narcotics crimes, especially as couriers, can be charged under Law Number 35 of 2009 concerning Narcotics, but special provisions stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System must still be taken into account. An example of legal protection is the reduction of prison terms, as decided by the Denpasar District Court. This consideration was given because the child defendant was still underage, had an unstable psychological condition, and needed supervision and counseling to prevent recidivism. Leniency in sentencing is also important to protect children's rights.

Adinda Marsha; Najwa Nur; Ahmad Azmi

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

Consumer protection is an important pillar in ensuring fairness and balance in the relationship between business actors and consumers, including for foreign nationals who transact in Indonesia. Economic globalization and digital developments are expanding the range of cross-border economic activities that demand the presence of an inclusive legal protection system that is adaptive to modern trade dynamics. This research aims to analyze consumer protection for foreign nationals in Indonesia through juridical and sociological approaches to understand the implementation of legal norms, the effectiveness of dispute resolution mechanisms, and the social realities faced by foreign consumers in practice. The research method used is normative legal research with a legislative approach and a sociological approach through the analysis of the literature, regulations, and empirical findings from various studies related to cross-border consumer protection. The results of the study show that although normatively Law Number 8 of 1999 concerning Consumer Protection guarantees equal rights for all consumers, in practice there are still administrative, cultural, linguistic, and information access obstacles experienced by foreign citizens. These findings affirm the importance of harmonizing consumer protection policies with the principles of global justice, accessibility, and non-discrimination.

Silalahi, Wilma; Putri, Mutiara

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

The digital transformation of public administration in recent decades has reshaped government service delivery, particularly through the adoption of technology as a tool to enhance transparency, efficiency, and accountability. The implementation of the Online Single Submission–Risk Based Approach (OSS-RBA) represents Indonesia’s strategic effort to create an integrated licensing framework aligned with the principles of good governance. This study aims to analyze the forms of administrative responsibility in digital-based licensing services under OSS-RBA and examine the accountability mechanisms applicable when system failures affect legal certainty for business actors. The research employs a normative juridical method using statutory, conceptual, and case approaches through the examination of regulations, doctrines, and administrative court decisions. The findings indicate that digitalization does not alter the core of governmental responsibility, as every decision generated by the system is legally attributed to the competent administrative authority. The implementation of OSS-RBA still faces obstacles such as system errors, data inconsistencies between institutions, and delays in technical verification, all of which directly affect legal certainty and the quality of public services. Furthermore, internal and external oversight mechanisms are not yet fully effective in preventing maladministration, including unreasonable delays and inaccuracies in automated decision-making. The study also shows that business actors require more responsive administrative remedies to prevent technological risks from shifting entirely onto them. Therefore, this research concludes that the effectiveness of OSS-RBA depends on strengthening institutional capacity, harmonizing regulations, and ensuring the consistent application of good governance principles throughout all stages of digital licensing administration.  

Pitaloka Alif Savitri; Erna Susanti; Setiyo Utomo

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

The rapid growth of Indonesia’s digital economy has created opportunities while simultaneously increasing the risk of monopolistic practices and unfair business competition. To address these issues, the Business Competition Supervisory Commission (KPPU) introduced behavioral remedies as an alternative dispute settlement mechanism. This study aims to analyze the effectiveness of behavioral remedies in cases of market control and abuse of dominant position. The research employs a doctrinal legal method. Effectiveness is assessed through two main indicators, namely the restoration of market conditions and the prevention of repeated violations. The findings show that this mechanism is generally effective in restoring competition and preventing recurrence, as demonstrated in several KPPU cases, including Case No. 04/KPPU-I/2024. However, its effectiveness remains conditional, as the mechanism is reactive, does not impose fines, and is monitored only for a relatively short period. Moreover, although KPPU Regulation No. 2 of 2023 regulates this mechanism, it does not provide sufficient legal explanation regarding the classification of articles that are permitted. Therefore, stronger monitoring and more detailed legal clarification are required to ensure the sustainable effectiveness of this mechanism in maintaining fair competition.

Anindya Zakiyah; Aulia Indryani; Muhammad Ilham Pratama; Sri Handayani

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

In an era of globalization marked by increased cross-border interactions, legal relationships in international contracts have become increasingly complex and demand legal certainty for the parties involved. This study aims to analyze the implementation of choice of law clauses in the settlement of international contract disputes from the perspective of International Civil Law. The method used is normative legal research with a qualitative analytical approach through a review of regulations, doctrines, and relevant legal literature. The results of the study show that choice of law clauses play an important role in providing legal certainty, efficiency in the dispute resolution process, and protection of the interests of the parties. However, its application is still limited by the principle of public policy and mandatory rules in the forum country. Thus, the choice of law clause is an important instrument that reflects the balance between the principle of party autonomy and the principle of state sovereignty in the practice of International Civil Law.

Bambang Tresno Wahyudi

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

The main objective of this study is to examine whether agreements reached in electronic transactions through online shopping platforms comply with the fundamental principles of contract law. The principles tested include the principle of freedom of contract, the principle of consensualism, the principle of pacta sunt servanda, and the principle of good faith. In addition, this study also aims to understand the legal protection framework for consumers in the context of digital transactions. The methodology applied in this study is normative law, using an approach that focuses on legislation and a conceptual approach. The legal material used consists of primary, secondary, and tertiary legal materials. The collection of legal material was carried out through a literature study, which was then analyzed using deductive logic.Based on the results of the research and data analysis, it was concluded that agreements formed in electronic transactions through online shopping sites have fulfilled the principles of freedom of contract, consensualism, pacta sunt servanda, and good faith. Legal protection for consumers in e-commerce transactions has been adequately provided through the regulation of Law Number 11 of 2008 concerning Electronic Information and Transactions and Law Number 8 of 1999 concerning Consumer Protection.

Mulia Syarifatuzzahra; Ahmad Muhammad Mustain Nasoha; Altra Slashearly Ryanlista Firstly; Afri Khoirunnisa; Fika Alda Faruzia +1 more

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

Pancasila, as the state foundation and the source of all sources of law, has a strategic role in shaping the national education system, including religious-based institutions such as pesantren (Islamic boarding schools) and madrasah diniyah (non-formal Islamic religious schools). This study aims to examine how Pancasila values are internalized into the curriculum, school regulations, and educational practices of pesantren and madrasah diniyah. The research uses a qualitative approach with a library study design. Data were obtained from literature, journals, regulations, and official documents. The findings show that Pancasila provides a normative foundation for the development of pesantren education regulations and serves as an ethical guideline for shaping students’ character. The values of divinity, humanity, unity, deliberation, and social justice are reflected in educational practices, although the implementation is often influenced by local culture and the autonomy of pesantren. In conclusion, Pancasila functions not only as the basic legal norm but also as a source of inspiration for moral and civic education in pesantren and madrasah diniyah.

M Rayhan Ramadhan; Ambo Esa; Asrul Aswar

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

This study analyzes the application of sentence enhancement to perpetrators of fraud in the recruitment of civil servants (ASN) and examines the consistency of judicial reasoning in Decision No. 1175/Pid.B/2024/PN Mks. The research focuses on two main issues: the fulfillment of the requirements for sentence enhancement under Articles 52 and 486–488 of the Indonesian Criminal Code (KUHP), and the alignment of the judge’s considerations with the principles of criminal sentencing. Using a normative juridical method and employing statutory, case, and conceptual approaches, this research finds that the application of Article 378 KUHP was appropriate, as the elements of deception were proven. However, sentence enhancement under Articles 52 and 486–488 KUHP was not applied due to the absence of a functional connection between the perpetrator’s status as an ASN and the offense, as well as the failure to meet the formal requirements of recidivism. Although the decision is legally defensible in a formal sense, it lacks substantive completeness in addressing moral and sociological considerations. The perpetrator’s ASN status and prior conviction should reasonably serve as aggravating factors. The study concludes that while the decision is normatively consistent, it falls short of achieving substantive justice, particularly regarding public protection and the integrity of the civil service.

Wahid Ramadhan; Andi Rahmah; Andi Tanwir Mappanyukki

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

Abortion is prohibited under the Indonesian criminal law system. In fact, it is categorized as a crime against life, regulated by several laws and regulations, including the Criminal Code and the Health Law. Indonesian criminal law defines abortion as "Termination of Pregnancy," which is regulated by Articles 299, 346, 347, 348, and 349 of the Criminal Code. These articles clearly and unequivocally prohibit abortion for any reason, including abortion for emergency (forced) reasons, such as rape. This type of research is normative legal research (normative legal research method). The normative legal research method is a library legal research conducted by examining legal literature materials such as Legislation, Judge's Decisions, Books, Journals, Theses and Legal Dictionaries. The results of the study indicate that (1) The Judge imposed a sentence of 2 (two) years. This seems light and unfair because the defendant's actions should have been given a heavier sentence as stated in the case that the defendant had committed his crimes seven times. (2) The judge's considerations in imposing criminal sanctions in Decision Number 1224/Pid.Sus/PN.Mks, concluded that the judge's decision to sentence the defendant to two years in prison was lenient and did not reflect the sense of justice that should have been upheld. This was because the defendant's actions were classified as a serious crime that had a widespread moral and social impact on society.

Muhammad Kharismaning Jagad Raya; Annisah Eka Dewi Saputri; Nabila Deslara Diva A.R

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

Losing citizenship has significant legal consequences, particularly concerning land ownership rights. According to the Basic Agrarian Law (UUPA) No. 5 of 1960, land ownership is only permitted for Indonesian citizens. Therefore, individuals who lose their citizenship status automatically forfeit their right to own land. This study aims to analyze the legal implications of losing citizenship on land ownership rights and the resolution mechanisms outlined in the UUPA. The research employs a normative legal approach using secondary data sources such as laws and regulations, legal literature, and court decisions. The findings indicate that individuals who lose their citizenship are required to relinquish or transfer their land ownership within one year. If this is not done, the ownership rights will be nullified by law, and the land will revert to the state. This reflects the protection of the principles of nationality and national sovereignty in land control. Therefore, resolving land ownership issues for individuals who lose their citizenship is crucial to balancing individual rights and state interests.

Pratama Alifiandi; Nabila Aulia Nurahma; Nova Romadzoni Fadzillah

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

The armed conflict between Israel and Palestine, particularly in the Gaza Strip, has caused severe humanitarian impacts and raised strong allegations of violations of International Humanitarian Law (IHL). Israel’s military attacks on civilians, hospitals, and public infrastructure demonstrate breaches of the principles of distinction, proportionality, and humanity as stipulated in the 1949 Geneva Conventions and the 1977 Additional Protocol I. This study aims to analyze the forms of violations committed by Israeli forces and examine their legal accountability under international law and the International Criminal Court (ICC). The research employs a normative juridical method using statutory and case approaches, with primary legal materials from international treaties and secondary materials from academic journals and human rights reports. The findings indicate that Israel’s actions in Gaza constitute grave breaches and war crimes, as they deliberately target civilians and obstruct humanitarian assistance. This study emphasizes the urgency of enforcing international law and ensuring global accountability for perpetrators while encouraging member states of the Rome Statute to support ICC-led investigations into the ongoing violations

Adlan Ali; Emir Zaygh

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

The rapid growth of online commerce in Indonesia has significantly transformed the way people fulfill their daily needs by providing easier, faster, and more flexible access to goods and services through digital technology. Despite these advantages, the development of e-commerce also presents serious challenges, including rising cases of online fraud, discrepancies between advertised and delivered products, failed transactions, and personal data breaches that threaten consumer privacy. These issues create imbalances in digital contractual relationships, undermining trust and legal certainty for buyers. This study aims to analyze the implementation of the principle of fairness for consumers in e-commerce practices in Indonesia, while also identifying regulatory weaknesses and existing dispute resolution mechanisms. Using a normative legal research approach supported by case studies, the study examines the effectiveness of relevant legal frameworks, particularly the Consumer Protection Law (UUPK) and the Electronic Information and Transactions Law (UU ITE). The findings reveal that although these regulations provide a legal basis for consumer protection, their implementation remains inadequate. Weak supervision of online business actors, limited accountability of platform providers in ensuring transaction security, and complex, costly compensation procedures continue to hinder consumer rights protection. These conditions highlight the urgent need to strengthen consumer protection systems that are more adaptive, efficient, and oriented toward public interest. The study emphasizes the importance of improving online dispute resolution mechanisms, enhancing transparency and responsibility of digital platforms, and expanding digital literacy among consumers. Such measures are essential to ensure that fairness in e-commerce is not only guaranteed normatively, but also effectively realized in everyday digital transactions.

Khusnul Khatimah; Fanti Rahmania Ramli; Kurniati Kurniati

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

Artificial Intelligence (AI) is a technology that has had a significant impact on various aspects of life, including science. Recent developments in AI have shifted the traditional boundaries of knowledge production and distribution, including in the religious realm. This research aims to fill the epistemological gap in contemporary Islamic legal thought by offering an integrative framework between traditional ijtihad and supervised digital ijtihad practices. This research uses a normative-qualitative (juridical-normative) approach. The researchers found that AI has the potential to be an effective tool for strengthening religious moderation, particularly through digital education, the dissemination of messages of tolerance, and the dissemination of counter-narratives against radicalism. For example, da'wah chatbots and digital interpretation applications can expand moderate religious literacy. However, the research also highlights various challenges, including epistemological issues stemming from AI's lack of a scientific chain of command, the risk of shifting authority from scholars to technology, and the lack of legal regulations governing responsibility for AI-generated religious content. Therefore, specific regulations and collaboration between scholars, the government, and technology developers are needed to ensure that AI continues to support the maqāṣid al-Shari'ah (the principles of Islamic law) and religious moderation.

Asya Masrurah; Suhartati Suhartati; Nurmiati Nurmiati

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

This research aims to analyze the forms of legal protection for copyright over fashion design and the judicial considerations applied in deciding copyright infringement in Putusan Pengadilan Niaga Makassar No. 1/Pdt.Sus-HKI/Cipta/2020/PN Niaga Makassar through a normative legal research method grounded in statutory and case approaches, where the findings demonstrate that fashion designs published through Instagram fulfill the elements of copyrightable works under Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta because they meet the requirements of originality and fixation, thereby receiving automatic protection without the need for registration, while the Panel of Judges in the decision acknowledged the existence of copyright infringement based on substantial similarities between the plaintiff’s designs and the defendant’s uploads, yet the rejection of the plaintiff’s claim for compensation is considered insufficient to provide comprehensive legal protection because it does not restore the economic or moral losses suffered and fails to produce a deterrent effect for infringers, thus emphasizing the need to strengthen copyright protection in the digital era, particularly within the fashion industry, through judicial decisions that are more comprehensive, progressive, and responsive to technological developments and the increasing complexity of copyright violations.

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.  

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.

Alvianur Alvianur; Luqman Hakim; Sahdan Siregar; Andreansyah Putra; Novita Mayasari

Nusantara Mengabdi Kepada Negeri 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study investigates the role of the Civil and State Administration (Datun) of the Central Kalimantan High Court in providing legal services free of charge to residents of Palangkaraya City. The purpose of this study was to determine how the legal services are carried out, the perceived advantages and challenges faced by the prosecutor's office when carrying out their duties. Based on Law No. 16 of 2004 concerning the prosecutor's Office of the Republic of Indonesia, which has been amended by Law No. 11 of 2021, the Datun Division has the authority to provide assistance, consideration, and legal services both inside and outside the court. Research shows that legal services and consultations and through the Halo JPN online platform provide legal services easily and directly to the community. In addition to raising legal awareness, this activity also strengthens the role of the prosecutor's office as a law enforcement agency focused on public service. However, legal services still face several challenges such as low public awareness of the law, lack of human resources, and inter-agency bureaucratic problems.

Ahmad Zulkifli Abdallah; Ahsanu Taqwim; Endah Triwisudaningsih

Nusantara Mengabdi Kepada Negeri 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This Community Service (PKM) activity aims to assist students of Madrasah Tsanawiyah Shirojut Thalibin in understanding the adolescent development period through the perspectives of Aristotle, Comenius, and Charlotte Bühler. The mentoring was motivated by the complexity of physical, emotional, social, and spiritual changes during adolescence and the low interest of students in studying the stages of human development. The activity was carried out for one week through educational, interactive, and collaborative strategies, using participatory discussion methods, theoretical explanations contextualized with the realities of adolescent life, varied learning media, role simulations, and joint evaluation and reflection. The subjects of the activity were students of MTs Sirajut Thalibin Racek Village, Tiris District, Probolinggo. The results of the mentoring showed an increase in students' understanding of the stages of adolescent development, a higher awareness of maintaining physical and mental health, and a better ability to link personal changes with developmental tasks and life goals. Teachers and the madrasah also experienced positive impacts in the form of strengthened understanding of adolescent characteristics and adjustments to a more holistic learning approach. This activity produces scientific articles, activity documentation, and student work products, while also recommending the integration of human development material in learning and guidance programs to support the moral, intellectual, social, and spiritual development of adolescents.

Muhammad Luthfi Hamdani

Nusantara Mengabdi Kepada Negeri 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Social media management has become a strategic necessity for social and community organizations to enhance the effectiveness of public relations activities in the digital era. This community service program aims to strengthen the digital communication capacity of members of the Indonesian Doctors’ Wives Association (IIDI), Surakarta Branch, particularly in managing social media as a public communication channel. The training was conducted offline and combined theoretical sessions, technical demonstrations, and hands-on practice covering content strategy, basic photography, Canva-based content creation, content calendar development, and management of Instagram, Facebook, and TikTok accounts. Evaluation was carried out using pre-test and post-test instruments to assess participants’ improvement. The results show a significant increase in all competency indicators, especially in content creation, content scheduling, and social media administration skills. Participants also produced their own digital content as part of the practical assessment. Post-training support was provided through a WhatsApp group to ensure continued knowledge sharing and skill development. Overall, the program demonstrates that practice-oriented training can effectively enhance the digital communication competencies of social organizations and strengthen their public relations functions. This initiative is expected to serve as a replicable model for similar organizations seeking to optimize their social media engagement.