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Ilman Fathony Martanegara; Rini Irianti Sundari; Chepi Ali Firman Zakaria

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

This research explores the legal protection of domestic doctors in Indonesia in response to the increasing utilization of foreign doctors (FDs) within the framework of knowledge transfer aimed at improving healthcare services. With the enactment of Law No. 17 of 2023 on Health, the Indonesian government provides space for foreign doctors to practice with simplified licensing procedures, raising legal concerns regarding legal certainty, professional equality, and the rights of patients to clear and honest communication. This study uses normative juridical methods with statutory and conceptual approaches to analyze the legal framework surrounding this issue. The findings show that the implementation of simplified requirements for foreign doctors potentially threatens the professional standing of local doctors and risks violating patient rights. Recommendations include strengthening legal instruments and monitoring mechanisms to ensure that knowledge transfer objectives are met without compromising legal protection and healthcare quality. The legal framework provided by Law No. 17 of 2023 allows foreign doctors to practice with more straightforward licensing processes, but it raises concerns regarding the adequacy of regulatory oversight. Local doctors fear that the simplified procedures for foreign doctors may not guarantee the same level of competency, accountability, and ethical standards. Furthermore, the presence of foreign doctors could lead to a disparity in professional treatment and recognition, undermining the integrity of the medical profession in Indonesia. This study explores how these legal issues intersect with the broader goals of patient protection, ensuring that all medical practitioners, regardless of nationality, adhere to the highest standards of care and ethical conduct. The role of patient rights in this context is critical, as patients must receive clear and honest communication about the qualifications of the doctors treating them, ensuring their right to informed consent is upheld.

Ansar Fajar Pratama; Ivan Zairani Lisi; Insan Tajali Nur

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

The application of restorative justice in the Indonesian criminal justice system cannot be immediately implemented in all cases, particularly for assault crimes. This is due to limitations in implementation and inhibiting factors that arise in the field. Facts show that some law enforcement officers are still less than optimal in expediting the restorative justice process. This condition creates legal uncertainty and anxiety, especially for prosecutors handling cases. This situation also impacts the prosecutor's position, which could be questioned by superiors and supervisory committees if case resolution does not proceed according to regulations. This study uses a socio-legal research approach to examine two main issues. First, the author analyzes the implementation of restorative justice in resolving assault cases in the jurisdiction of the Samarinda District Attorney's Office. Second, the author identifies obstacles faced in implementing restorative justice in that jurisdiction. Based on the results of the study, 14 cases of assault were handled. Of these, 11 cases were successfully resolved through restorative justice mechanisms, while 3 cases were declared failed. This failure is generally influenced by the failure to meet several important requirements, including: the perpetrator being a recidivist or having previously committed a crime, a sentence exceeding five years, the absence of a peace agreement between the perpetrator and the victim, and the perpetrator's failure to fulfill their obligation to provide compensation. Therefore, it can be concluded that although restorative justice plays a crucial role in achieving a more humane and equitable resolution of cases, its implementation still faces structural and technical obstacles. Consistent efforts by law enforcement and increased understanding of the concept of restorative justice are needed for this mechanism to operate effectively, provide legal certainty, and address the community's need for justice.

Albri Labaka

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

This research aims to analyze the essence of the principle of legality and the recognition of living law in society after the reform of the Indonesian National Criminal Code (KUHP). The study employs normative or doctrinal juridical research, which relies on a legislative and conceptual approach. The principle of legality is a fundamental doctrine in criminal law, emphasizing that no individual may be punished without pre-existing legal provisions. This principle is crucial not only as an instrument to guarantee legal certainty but also as a safeguard of human rights against arbitrary and repressive actions of the state. Traditionally, the principle of legality contains several core elements, namely lex scripta (law must be written), lex certa (law must be clear), lex stricta (prohibition of analogy), and lex praevia (non-retroactivity of law). These elements ensure that criminal provisions are accessible, predictable, and prevent abuse of power. However, with the enactment of the new Criminal Code in 2023, the meaning and application of this principle have shifted. The reform introduces a transition from a strictly formal legality principle toward a material legality principle. This development is particularly reflected in Article 2, paragraph (1) of the new Criminal Code, which explicitly recognizes living law (hukum yang hidup dalam masyarakat) as a legitimate source of criminal law. The recognition of living law expands the scope of legality beyond statutory law to include unwritten norms that are deeply rooted in local communities and cultural traditions. On the one hand, this reform represents an effort to align national criminal law with Indonesia’s socio-cultural realities. On the other hand, it also raises critical debates regarding legal certainty, uniformity, and potential conflicts with universal human rights standards.

Ardinia Awanis Shabrina; Tami Rusli; Suta Ramadan

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

The crime of fraud is a form of crime that not only causes material loss, but also has an impact on the intangible losses experienced by the victim, such as loss of sense of security, trust, and social stability. Fraud also has the potential to disrupt public order and reduce public trust in the legal system. Therefore, law enforcement against this criminal act is an important aspect in maintaining legal certainty and a sense of justice. This study aims to analyze the form of law enforcement against perpetrators of fraud crimes by focusing on the factors that cause perpetrators to commit fraud and the judge's considerations in imposing judgments. The case studied refers to Decision Number: 99/Pid.B/2024/PN.Tjk. The research method uses a normative juridical approach, by examining laws and regulations, legal doctrines, and case studies through the analysis of court decisions. The results of the study show that the legal provisions regarding fraud have been regulated in Article 378 of the Criminal Code (KUHP). However, implementation in the field is often constrained by limited evidence, the increasingly diverse modus operandi of perpetrators, and low legal awareness of the public. The judge in considering the verdict not only pays attention to the juridical aspect, but also takes into account the social and psychological impact on the victim. As a recommendation, this study emphasizes the importance of increasing coordination between law enforcement officials to strengthen the investigation and evidence process. The use of digital technology, especially in the collection of electronic evidence, is a strategic step in dealing with modern fraud modes. In addition, legal education to the public needs to be improved to foster legal awareness and prevent fraud crimes in the future.

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.

Shelomita Liani Putri Zahra; Fakhira Aghnya Makaranu

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

International trade involves cross-border buying and selling activities between countries, which in practice requires various transportation documents to ensure legal certainty and smooth operations. One of the main documents used is the Bill of Lading (Konosemen), which is a dated letter issued by the carrier as proof of receipt of goods to be transported to a certain destination and delivered to a specified recipient. The Bill of Lading has three essential functions: as a receipt of goods, as evidence of ownership, and as proof of a transportation contract. However, in practice, there are still frequent problems that hinder the optimal function of the Bill of Lading. One notable case is APL Co. Pte. Ltd. v. CV. Dua Sekawan Sejati, which involved discrepancies between the goods shipped and those stated in the Bill of Lading. This study adopts a normative juridical method by examining applicable legal provisions and theoretical concepts related to the law of contracts and transportation. The findings show that discrepancies between the goods shipped and those listed in the Bill of Lading constitute a breach of promise or default under Article 1320 of the Indonesian Civil Code. The Bill of Lading, in this case, serves as a legally binding transportation contract that obligates both parties to fulfill their respective responsibilities. Failure by one party to comply with the terms of the contract results in legal consequences in the form of claims for compensation by the aggrieved party. This research emphasizes the importance of accuracy and accountability in the issuance and use of Bills of Lading in international trade to avoid disputes and ensure legal certainty. Strengthening the regulation and enforcement of Bill of Lading functions is crucial for protecting the rights of parties engaged in cross-border trade.

Hessy Oktiarifadah; Elisatris Gultom; Anita Afriana

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

This study examines legal deviations in the implementation of the Suspension of Debt Payment Obligations (PKPU) mechanism, specifically regarding the approval of a peace settlement submitted for the second time after the debtor is declared bankrupt. The study highlights the Supreme Court Decision No. 648K/Pdt.Sus-Pailit/2021, which ratified the second peace settlement in the case of PT Prospek Duta Sukses. This decision is deemed contradictory to the principle of a single peace settlement, as stipulated in Articles 289 and 292 of Law No. 37 of 2004 on Bankruptcy and PKPU, and further reinforced by Supreme Court Circular Letter (SEMA) No. 5 of 2021, which states that a peace settlement in bankruptcy can only be conducted once. Using a normative juridical method, this research analyzes the legal reasoning used by the panel of judges in approving the second peace settlement and evaluates its impact on legal certainty and protection for creditors, who are the affected parties in the bankruptcy process. The approval of a second peace settlement after the debtor is declared bankrupt creates legal uncertainty, as the existing provisions do not provide for more than one peace settlement. Additionally, this decision potentially harms creditors by prolonging the settlement of debts, which should have been clear, thus allowing room for misuse of legal procedures. The findings of the study show that the approval of this second peace settlement not only contradicts the fundamental principles of law but also risks harming creditors, who should be protected by the bankruptcy system to ensure their rights are fairly met. Therefore, this research suggests that consistent application of the law, in line with existing provisions, is necessary to uphold the principles of justice, legal certainty, and the credibility of the national bankruptcy system. Furthermore, reforms in regulations or law enforcement are needed to ensure that legal practices operate in accordance with principles that are fair and transparent.

Johanis Lak Apu; Simson Lasi; Agustin L.M. Rohi Riwu

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

This study aims to analyze and describe the regulation of furniture business permits in Alak District, Manutapen Village, Kupang City, within the framework of regional and national legal provisions. Business permits are a vital aspect of legality, providing legal certainty and protection for entrepreneurs. Despite this importance, many wooden furniture businesses continue to operate without official permits. Several factors contribute to this issue, including limited knowledge of regulatory requirements, inadequate access to facilities and administrative services, and the perception among entrepreneurs that small-scale businesses do not necessarily require permits. This research adopts an empirical approach, employing semi-structured interviews with local furniture business owners who have not yet obtained permits. The findings reveal that although the government has made efforts to disseminate information and promote the importance of business permits, these initiatives have not been fully effective. Many entrepreneurs remain unaware of the legal obligations and the potential benefits that permits can provide, such as protection against legal disputes and opportunities for broader business development. The study further identifies both positive and negative impacts of the furniture industry in the local community. On the positive side, furniture businesses significantly contribute to household income, create new job opportunities, and foster creativity through innovative craftsmanship. On the negative side, they also cause environmental issues such as waste and pollution, reduce agricultural land due to the expansion of workshops, and influence lifestyle changes within the community. Based on these findings, the study concludes that the government must strengthen its role by enhancing outreach and education programs, simplifying the permit application process, and providing better support services to entrepreneurs. Additionally, active participation from business owners is crucial to ensure compliance with legal frameworks and to achieve a sustainable balance between economic growth, social welfare, and environmental preservation.

Wahyunita Wahyunita; Mashudi Hariyanto; Musaddad Al Basry

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

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

Nanik Indah Setyani; Anwar Budiman; Saefullah Saefullah

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

This study examines the legal liability of a Limited Liability Company (LLC) before and after bankruptcy, with a focus on the roles of the board of directors, board of commissioners, and the curator appointed by the Commercial Court. Prior to bankruptcy, the liability for the company's obligations rests primarily with the board of directors and the board of commissioners, especially when debts arising from binding agreements remain unpaid. In situations where the company is unable to fulfill its payment obligations, and such inability is confirmed by a final court ruling, responsibility for managing and settling the company’s debts and assets is transferred to a court-appointed curator. The research analyzes the legal framework governing the curator’s authority, which operates under the supervision of a supervisory judge from the Commercial Court. The curator acts as the sole party responsible for handling the bankrupt entity’s obligations to creditors, ensuring compliance with applicable bankruptcy laws. This study uses a normative juridical approach, relying on legislation, case law, and legal doctrine to examine the extent of responsibility at each stage of the bankruptcy process. Special attention is given to the legal considerations of the Central Jakarta Commercial Court in Decisions Number 34/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst and Number 38/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst. Both rulings are found to be appropriate, as they meet the legal requirements for declaring an LLC bankrupt based on verified facts and circumstances. The findings underscore the importance of distinguishing between pre-bankruptcy liabilities—borne by company management—and post-bankruptcy responsibilities, which are entirely managed by the appointed curator. This clear allocation of responsibility ensures creditor protection, maintains judicial oversight, and upholds the principles of fairness and legal certainty in bankruptcy proceedings

Ahmad Pahmi; Hartanto Hartanto; Uyan Wiryadi

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

One example of a case of falsified documents in the issuance of overlapping land certificates occurred in East Luwu Regency and was raised in court through Decision Number 90/Pid.B/2020/PN MII. In this case, it was discovered that land certificate falsification was carried out by a land mafia, resulting in the emergence of two certificates for the same plot of land. This practice not only harms the legitimate owner but also creates laws and gives rise to complex agrarian conflicts. This research uses a normative juridical method, with an approach based on laws and court decisions. The results show that the preservation was an intentional act carried out by one party, with the aim of controlling land rights that did not belong to him. In the decision, the perpetrator was found guilty and sentenced because it was also proven to have falsified documents, as stipulated in Article 263 of the Criminal Code (KUHP). From this case, it can be concluded that law enforcement against overlapping duplicate certificates is very important to ensure legal certainty and protection. Protection efforts for land rights holders are carried out through a land registration process that complies with procedures based on Law Number 5 of 1960 concerning the Principles of Agrarian Law. Compliance with these procedures can provide a strong basis for identifying legitimate rights holders and preventing future damage, including cases of overlapping certificates caused by document falsification. To prevent the recurrence of similar cases, it is necessary to improve the monitoring system and digitize land data comprehensively by the National Land Agency (BPN). An integrated digital-based land system can minimize the opportunity for the issuance of duplicate certificates for a single plot of land, because all land rights data can be accessed and disclosed transparently and in real time.

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.

Zul Khaidir Kadir

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

Punitive populism is a political-legal phenomenon that replaces legal rationality and corrective justice with a rhetoric of power that negates the protection of human rights and the rehabilitative function of the criminal justice system. In this context, criminal policy tends to be characterized by a repressive approach that prioritizes symbolic punishment for short-term political legitimacy. Social polarization further strengthens the destructive power of punitive populism by making the issue of crime a symbolic instrument in identity conflicts, thereby losing its autonomy and submitting to an emotional, majoritarian logic. This study aims to analyze how punitive populism, as a product of the interaction between populist logic and social polarization, results in the erosion of the basic values of modern law, particularly the principles of proportionality, legal certainty, and human rights protection. Furthermore, this study also identifies structural barriers that hinder efforts to curb its expansion in criminal policy. The study uses qualitative methods with a conceptual approach. Data were obtained through library research of academic literature, legal documents, and policy analysis, then processed using qualitative analysis techniques and presented descriptively. The research findings show that punitive populism has shifted the orientation of criminal policy from a paradigm of justice and rehabilitation to a logic of punishment that is reactive to public emotional distress. The mass media, particularly within a polarized information ecosystem, plays a role in shaping distorted perceptions of crime, thereby reinforcing public demands for harsh and immediate policies. This situation creates legal vulnerability to political instrumentalism, threatens the principle of the rule of law, and deepens social exclusion of vulnerable groups. To address this, strategic steps are needed, including limiting fear-based political rhetoric, strengthening independent legal institutions, and rebuilding a criminal law paradigm based on substantive justice, inclusivity, and respect for human rights.

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.

Ridwan Anthony Taufan; Azis Budianto

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

Ownership rights to houses and buildings are the highest form of ownership recognized in the land law system in Indonesia. The legality of this ownership right is vital to ensure legal certainty for the owner and prevent potential disputes that may arise due to unclear ownership status. The study analyzes the legal aspects of ownership rights to houses and buildings, including the legal basis, acquisition procedures, and legal protection mechanisms available to the owner. In addition, this study also examines various problems that often arise in the ownership of property rights, such as overlapping certificates, ownership conflicts, and legal implications in the process of transferring rights. The analysis uses a normative legal method with a conceptual and statutory approach. The Basic Agrarian Law (UUPA), Government Regulations, and Regulations of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) are among the regulations that control ownership rights to land and buildings. The statutory approach is carried out by examining these regulations. Meanwhile, the conceptual approach is applied to examine the concept of ownership in land law and the underlying legal principles. The data used in this study are sourced from literature studies, including legal literature, academic journals, and official documents related to land regulations in Indonesia. The results of this study are expected to contribute to a more comprehensive understanding of the legality of ownership rights to houses and buildings, as well as being a reference for landowners, legal practitioners, and the government in managing the legal aspects of land and building ownership. With firmer legal certainty, it is hoped that a more transparent and equitable land system can be created for all interested parties.

Albert Malafu; Marthen Dillak; Agustin L. M. Rohi Riwu

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

The role of Mataf (Mamar Guardians) Manufua in Sillu Village, Fatuleu District is a problem that impacts various aspects including customs and governance, legal certainty, and social stability of the local community, as well as mamar ownership. In this context, the role of mataf is very important to ensure comfort for mamar owners. This study was conducted based on the consideration that the role of mataf in Sillu Village has almost disappeared, causing misuse in utilizing natural resources from mamar that are not by their owners. In addition, this study was conducted to build the potential of human resources in Sillu Village in understanding the importance of the role of mataf in maintaining mamar. Based on the description above, the role of mataf in maintaining mamar needs to be studied using empirical legal research. The main problem in this study is how the role of mataf guards mamar Manufua in Sillu Village, Fatuleu District. Data collection techniques used were observation, interviews and literature studies. The results of the study indicate that the role of mataf in maintaining mamar in Sillu Village, Fatuleu District is quite good with the presence of guarding from mataf. Mataf are able to provide information on various events occurring within the mamar area, from harvesting mamar crops, irrigation of mamar fields, security, and collecting scattered mamar crops in one location so that mamar owners can easily identify them when collecting their Manufua mamar crops. The results of this study indicate a positive role or positive outcomes of the mataf's role in safeguarding mamar. Therefore, it is recommended that students, especially university students, or scientists, further study the potential role of mataf in a broader context.  

Dicki Agri Kurniawan; Megawati Barthos

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

This study examines the role of discretion exercised by law enforcement officers, especially within the context of criminal investigations. Discretion refers to the authority granted to investigators, prosecutors, and judges to make decisions that are not always explicitly regulated by written laws or regulations. It is granted to allow flexibility in addressing situations that require quick, context-specific decisions. Discretion is necessary because not every legal situation can be anticipated in advance by the law, especially in dynamic and unpredictable situations that law enforcement professionals encounter daily. However, the exercise of discretion must be grounded in the core principles of justice, legal certainty, and respect for human rights, ensuring that decisions are made fairly and in accordance with legal norms. While discretion allows law enforcement officers to exercise judgment and adapt to diverse situations, it also carries significant risks, particularly the potential for abuse of power. Such abuse could manifest in inappropriate criminalization of innocent individuals, discriminatory practices, or biased decisions that undermine the legitimacy of the justice system. The possibility of such negative consequences necessitates a careful and responsible approach to the application of discretion. Law enforcement officers must not only act in accordance with the law but also adhere to ethical standards and ensure that their decisions are made transparently and equitably. Therefore, the study emphasizes the need for strict oversight and the development of clear, consistent guidelines to govern the exercise of discretion. Supervision mechanisms, such as internal audits and external oversight bodies, are crucial in monitoring law enforcement activities and ensuring that officers do not misuse their powers. Furthermore, providing adequate training to law enforcement personnel on the ethical and legal boundaries of discretion is vital in preventing arbitrary or unjust decisions.

Valentino Pattikawa

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

This study examines the ratification of the Multilateral Convention to Implement Tax Treaty Related to Measures to Prevent BEPS through Presidential Regulation (Perpres) No. 77/2019. This ratification raises legal issues because Law No. 24 of 2000 concerning International Agreements stipulates that the ratification of certain international agreements should be carried out through a Law or Presidential Decree. This study uses a normative legal method with a statutory approach to analyze the conformity of Perpres 77/2019 with Law No. 24 of 2000 and the theory of the hierarchy of legal norms. The results of the study indicate that Perpres 77/2019 is formally flawed because it conflicts with Law No. 24 of 2000, but in substance it is appropriate for use.

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.