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Agnes Novita Br Simanjorang; Sri Hadiningrum; Parlaungan Gabriel Siahaan; Daniel Fransisto Hutabarat; Fahira Silva Dilla Nst +1 more

International Journal of Economics, Commerce, and Management 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study aims to analyze Legal Protection and Gender Justice for Women in the Practice of Siri Polygamy: Analysis of the Principles of Islamic Civil Law. The practice of polygamy in Indonesia often causes injustice for women, who do not receive adequate legal protection. This study analyzes the relationship between the principles of Islamic civil law and the reality faced by women in the practice of siri polygamy. Although Islamic law emphasizes justice and protection of women's rights, many women are trapped in situations of injustice due to a lack of legal understanding and social stigma. This study uses a normative juridical method to explore the truth between legal norms and practices in the field. The results of the study indicate that minimal social support, lack of understanding of legal rights, and social stigma contribute to the injustice experienced by women. To improve legal protection and gender justice, it is recommended that there be recognition and registration of siri polygamous marriages, strengthening of legal regulations, assistance for women, and education and socialization regarding legal rights. With these steps, it is hoped that women's rights in the practice of siri polygamy can be fulfilled fairly within the framework of Islamic law and state law.

Febrian Halomoan; Rildo Anuar Sihite; Wahidul Halim; Atik Winanti

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

As an agricultural country, farmers in Indonesia have a crucial role, their existence must be safeguarded within the agricultural sector. Encouraging farmers to engage in breeding or develop new superior plant varieties is essential for fostering independent and advanced Indonesian farmers. These breeding activities are governed by Law Number 22 of 2019 on Sustainable Agricultural Cultivation System, and Law Number 29 of 2000 Plant Variety Protection. However, these laws have led to challenges for farmers involved in breeding, as the Plant Variety Protection Law adopts liberal approach that prioritizes individual economic benefits and specifically protects breeders who have registered their new varieties. As a result, farmers who use traditional knowledge in their breeding practices are vulnerable to criminalization due to the registration system. This paper will examine the rights of farmers in breeding activities under Indonesian law and compare with regulations in Malaysia, which shares geographical proximity, customs, and membership in the World Trade Organization. The research method is normative legal research, utilizing both conceptual and comparative approach. The objective to explore the legal protection of farmers’ rights in breeding activities in both Indonesia and Malaysia, and provide recommendations for improving the protection of farmers' rights in the future.

Gema Permana Rahman; Suherman Suherman; Diani Sadiawati

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

In the development of information and technology, there are motion marks circulating in Indonesia in the trade of goods or services. In fact, the moving brand has not received legal protection because moving brands are not regulated as one of the signs regulated in Law Number 20 Year 2016 on Trademarks and Geographical Indications (Trademark Act) so that there is a legal vacuum and a motion marks can not be applied for registration which results in the absence of legal certainty for the community, but other Southeast Asian countries such as Singapore have protected motion marks. It is important to be considered by Indonesia, given the existence of free trade in the Southeast Asian region, namely the ASEAN Free Trade Area (AFTA). This research uses normative juridical research method that analyses the legislation with literature study using comparative and conceptual approaches and analysed with descriptive analytical legal materials. The results of this study found that the regulation of the registration of motion marks in Indonesia is not regulated in the Trademark Act and the trademark registration application does not accommodate the registration of motion marks so that the registration of moving trademarks can not be filed in Indonesia and motion marks also do not get legal protection in Indonesia which results in legal uncertainty. If the motion marks in Indonesia get a legal protection and can be applied for registration, then the Trademark Act should be made changes related to the concept of the definition of trademark, the scope of the protected trademark, and trademark labels in the application for registration of trademarks so that the public get legal certainty related to the registration of motion marks.

Muhammad Fahrudin; Suherman Suherman; Atik Winanti

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

This research aims to analyze the optimization of legal protection and risk mitigation for PT ASDP Indonesia Ferry (Persero) as the lender in a Shareholder Loan (SHL) Agreement with PT Indonesia Ferry Properti, and to examine the legal implications of the PT ASDP directors' liability in the SHL decision-making process. The research method employed is normative juridical with a literature study approach. The findings indicate that although the SHL execution has procedurally met legal principles and Good Corporate Governance (GCG), the optimization of legal protection for PT ASDP requires the enhancement of more proactive post-disbursement fund supervision clauses and, crucially, the implementation of specific collateral to mitigate credit risk, considering the current agreement is still reactive and lacks specific collateral. Furthermore, the directors of PT ASDP bear responsibilities under Article 97 of the Company Law and the principle of fiduciary duty. The Business Judgment Rule (BJR) doctrine can shield directors from personal liability if decisions are made in good faith, with due care, without conflicts of interest, and accompanied by risk mitigation efforts, wherein the implementation of GCG principles is fundamental. Violations may lead to civil, criminal, or administrative liability. This research concludes the importance of contractual strengthening of the SHL and strict adherence to GCG to protect company assets and directors.

Ismarini Della Purnama; Muhammad Arya Azra; Renofadli Rizkisyah; Atik Winarti

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

This study examines the protection of trade secrets in the framework of Intellectual Property Rights (IPR) by conducting a comparative study between Indonesia and Malaysia. Trade secrets are a form of intellectual property that has significant economic value for business actors but often receives inadequate attention compared to other forms of IPR. This research focuses on two main problems: first, the comparison of the legal framework for the protection of trade secrets in Indonesia and Malaysia in the context of Intellectual Property Rights; and second, the role of IPR-related institutions in both countries in providing protection for trade secrets. The research method used is normative legal research with a comparative approach and a statute approach. The data used are in the form of primary legal materials in the form of laws and regulations related to IPR in Indonesia and Malaysia, as well as secondary legal materials in the form of literature and scientific journals. The results of the study show that there are significant differences in the legal framework for the protection of trade secrets between Indonesia, which adopts  a civil law system  with special codification through Law No. 30 of 2000, and Malaysia, which applies a common law approach  with a combination of court precedents and statutory law. In addition, there are differences in the roles and functions of IPR-related institutions in the two countries in providing protection for trade secrets, especially in terms of registration, law enforcement, and dispute resolution. The study concludes that despite differences in approaches, both Indonesia and Malaysia recognize the importance of trade secret protection within the framework of IPR, with Malaysia tending to have a more comprehensive protection system based on common law practices. Based on the findings of the study, it is recommended that Indonesia can adopt some positive aspects of Malaysia's trade secrets protection system, especially in terms of harmonizing the role of relevant institutions and strengthening law enforcement mechanisms.

Ainiyyah Lumula, Adelia Nurfatma; Rajak, Arafik; Moonti, Roy Marthen

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The rejection of isbat nikah applications in religious court practice, particularly in the context of polygamy, is a complex issue with far-reaching implications for the legal status of marriage, the rights of wives and children, and legal certainty. This study aims to analyze the legal considerations of the panel of judges in rejecting the application for isbat nikah polygamy at the Kwandang Religious Court and to examine the legal consequences arising from the rejection. This research uses an empirical juridical method with a case approach, which is analyzed based on primary data in the form of court decisions and interviews with judges and related parties, and secondary data in the form of legal literature, legislation, and relevant legal journals. The results show that the rejection of polygamous marriage isbat nikah applications is generally caused by the non-fulfillment of substantive requirements as stipulated in Pasal 4 and 5 of Undang-Undang Nomor 1 Tahun 1974 concerning Marriage jo. Compilation of Islamic Law (KHI), such as the absence of permission from the first wife or the lack of proof of the reasons that allow polygamy. The legal consequences of this rejection include the formal non-recognition of the legal status of the second marriage, which has an impact on the non-fulfillment of the civil rights of the second wife and the children born, such as inheritance rights and citizenship status. This study recommends the need to strengthen legal education to the community as well as harmonization between state law and religious law to ensure the legal protection of women and children in the context of polygamy.

M Rizqy Saputra; Syarifudin Syarifudin; Dzulfikar Hakim; Hanifah Meyva; Naufal Rafi Hakim +1 more

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

Sexual violence is a critical issue in Indonesia, especially within the context of higher education. Various studies and statistical data indicate a growing number of cases, including incidents in university settings that often go unreported due to social stigma and lack of support systems. This research aims to evaluate the effectiveness of the Sexual Violence Prevention and Handling Task Force (SATGAS PPKS) at Sultan Ageng Tirtayasa University in providing protection for victims. The method used is empirical juridical, combining primary data through interviews with SATGAS PPKS members and secondary data in the form of laws, academic literature, and official reports. The research adopts a qualitative descriptive analysis technique to assess how far the SATGAS PPKS applies principles of victimology and routine activity theory to support victims and reduce the opportunity for sexual violence in campus environments.

Arbi Arbi; Umi Luthfiyah

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

Riau Malay performing arts are an important cultural heritage, serving as a medium for the expression of identity, moral values, and spirituality of the community. Its existence faces challenges due to globalization, social change, and the declining interest of the younger generation. This paper examines the cultural dynamics, changes in function, and preservation strategies of Riau Malay performing arts. The method used is a literature study with analysis of various sources. The results show that digital innovation, government policy, education, cultural festivals, and legal protection are key in maintaining the sustainability of this art. However, preservation is still faced with weak coordination, lack of protection, and the threat of modernization. Therefore, a collaborative and adaptive approach is needed for Riau Malay performing arts to remain sustainable in the modern era.

Nurlaila Nurlaila; Mira Anjani; Putik Kasih S; Juheni Lalawaralata; Amalia Naura H +1 more

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

Sexual harassment against children in Islamic boarding schools is a serious issue that demands special attention, particularly in the context of legal protection for victims. This study aims to analyze the position and role of child victims in the dynamics of sexual harassment crimes within pesantren, as well as to identify forms of legal protection that can be provided through a victimological approach. One of the cases highlighted in this research occurred at Bani Ma’mun Islamic Boarding School, located in Gembor Udik Village, Cikande Sub-district, Serang Regency, which illustrates the weak protection afforded to children in religious educational environments. By employing an empirical juridical method and referring to secondary data such as legislation, legal documents, and academic literature, this study finds that child victims often do not receive optimal protection, either in the criminal justice process or in terms of psychosocial support. The victimological perspective emphasizes the importance of fulfilling victims' rights, including the right to security, physical and mental rehabilitation, and social reintegration. In this context, protection efforts should not only focus on imposing sanctions on perpetrators but also include the formulation of policies oriented toward the recovery of victims. Therefore, this study recommends strengthening institutional capacity within pesantren to develop and implement comprehensive child protection mechanisms, including regulatory reform and more responsive law enforcement toward victims of sexual crimes. This research is expected to contribute to the development of a legal framework that is more victim-oriented within Indonesia’s criminal justice system.

Darto Darto; Abdul Kolib; Handoyo Prasetyo

International Journal of Public Health 2025 Asosiasi Riset Ilmu Kesehatan Indonesia

In the modern legal system, Deoxyribonucleic Acid (DNA) testing has become an important tool in the resolution of criminal and civil cases in Indonesia. The use of DNA can assist in determining blood relations, uncovering sexual abuse cases, and proving involvement in other crimes. Nonetheless, there are various legal issues that arise regarding the collection of DNA specimens without the consent of the sample owner. In Indonesia, although there are personal data protection regulations such as the Health and Population Administration Law, there are no specific provisions regarding the legality of unauthorized DNA sampling. This creates uncertainty in the legal system, especially in terms of evidence being recognized in court. Unauthorized DNA sampling can violate an individual's right to privacy guaranteed by the 1945 Constitution and the Criminal Procedure Law. This potentially makes DNA test results inadmissible as valid evidence in court. Therefore, this study aims to analyze the legality of the practice of unauthorized DNA sampling and its impact on the legal evidentiary system in Indonesia. The study also highlights the importance of medical ethics and legal protection of privacy in determining the validity of DNA evidence in judicial proceedings. It also explores the role of medical ethics and privacy law in determining the validity of DNA test results in the judicial process, and provides recommendations for clearer regulations regarding DNA sampling procedures.

Jaury Douglas Pardomuan; Abdul Kolib; Handoyo Prasetyo

International Journal of Public Health 2025 Asosiasi Riset Ilmu Kesehatan Indonesia

The growing elderly population in Indonesia has created structural challenges in the health care system. One of the crucial challenges arises in the aspect of medical decision-making that becomes increasingly complex, along with the decline in cognitive capacity, comorbidities, and chronic diseases that accompany this age group. Problems arise when elderly patients refuse medical treatment, while doctors have ethical and professional obligations to save lives. This condition is complicated by social pressure from families and collective cultural values that often ignore the right to individual autonomy. As a result, doctors are in a vulnerable position legally and ethically, especially when there are no regulations that explicitly and technically regulate the limits of professional responsibility. This study aims to analyze the form of legal protection for doctors in the face of refusal of medical action by elderly patients. The method used is normative juridical, with statutory and conceptual approaches. The results show that there are no specific rules regarding the mechanism of informed refusal, evaluation of the decision-making capacity of elderly patients, and the limits of legal responsibility of doctors. This creates legal uncertainty, even when doctors have acted according to professional standards and medical ethics. This study recommends the establishment of technical regulations that strictly regulate the procedures for refusal of medical action by elderly patients. Legal protection for doctors is not only a professional guarantee, but also an integral part of a health system that is fair, sustainable, and ensures legal certainty in modern medical practice.

Adinda Pramesty Sulistya Kusuma Wardhani; Raihan Indra Wijaya; Akbar Nugraha; Shavirra Pricilia Mamonto; Kamiliya Salma Salsabila +2 more

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

Murder has a major impact on the victim and his family in terms of psychology, social, and economics. Therefore, it is only right that the victim and his family are given protection and equal attention as given to the perpetrator in the judicial process. However, in practice, the criminal justice system is still focused on the perpetrator and the criminalization process while the rights and attention of the victim and his family tend to be sidelined. This study aims to analyze the psychosocial impact on the victim and his family and the extent to which the guarantee and implementation of the protection of the victim's rights related to the case in Decision Number 448/Pid.B/2023/PN Serang. The method used in this study is empirical yuridical based on data obtained directly through interviews. The results of this study indicate that the victim's family from the case in Decision Number 448/Pid.B/2023/PN Serang experienced long-term psychological trauma, social stigma against the victim's partner because of the case's connection to infidelity, and economic difficulties due to the loss of the main source of income. In addition, there is also fear and insecurity about the occurrence of similar crimes in society. During the judicial process, the position of the victim and his/her family is merely an instrument needed to ensnare the perpetrator while their rights such as financial compensation, mental rehabilitation, and legal protection tend to be ignored. A more significant role for the victim as a subject entitled to recovery and legal protection will reflect a just and humane criminal justice system.

Anindita Putri; Dinda Arini Persodo; Shafa Anjani Heri Nordi; Keysa Farhah Azizah; Widya Ayu Kemalasari +2 more

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

The protection of victims of sexual violence in Indonesia's national legal system is representative of the state's commitment to uphold human dignity, as mandated by the constitution. The constitutional basis for this protection is stated in the 1945 Constitution of the Republic of Indonesia, especially Article 28G paragraph (1), which states that everyone has the right to protection of privacy, honor, dignity, and freedom from treatment that degrades human values. Currently, sexual violence can occur anywhere, especially in the scope of education. The impact of sexual violence causes a lot of harm to its victims, from the impact on the victim's psychology to the physical impact. The purpose of the research is related to the effectiveness of law enforcement or the operation of the law and the background of the law. Whether a legal protection can protect the rights of victims of sexual violence, and provide proper protection that must be obtained for victims of sexual violence. This research uses emprical research methods and a case approach which is used to analyze the handling of cases of “Sexual Violence and Forced Abortion” as a real form of legal application. With the existence of legal protection for victims of sexual violence provided by the state, it does not guarantee victims get the promised justice. Social stigma is one that can exacerbate the suffering of victims, making them isolated and reluctant to seek help. Society often tends to blame the victim, creating an unsupportive and even demeaning environment. Therefore, it is important to address social stigma in the context of sexual violence to impact the well-being of the individual as well as society as a whole.

M Raichan Sugiarto; Abitsa Zora Sya’bana; Noel David Silaban; A. Rizal Khoirul; Fawwaz Nur Azhar +2 more

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

Domestic Violence (Kekerasan Dalam Rumah Tangga/KDRT) is a complex social phenomenon that requires continuous legal and social attention. In the context of Indonesia, the protection of domestic violence victims has been regulated under Law Number 23 of 2004 concerning the Elimination of Domestic Violence, which affirms that victims are entitled to protection, recovery, and legal assistance. However, the implementation of these protections faces several structural and cultural obstacles, such as social stigma against victims, limited human resources, and the influence of patriarchal culture that legitimizes violence within the household. Using normative legal research methods with statutory and conceptual approaches, this article analyzes the policy framework for the protection of domestic violence victims in Indonesia, as well as the roles of government and non-government institutions in providing such protection. The results of this study show that although the legal protection of domestic violence victims is clearly regulated, its implementation in practice remains suboptimal due to social and structural barriers. Therefore, strong legal policies must be supported by the synergy of law enforcement institutions, social organizations, and community participation to ensure effective and sustainable protection for victims. These findings are expected to contribute to the formulation of future policies that are more responsive to the protection of the rights of domestic violence victims.

Arman Hanapi; Roy Marthen Moonti; Ibrahim Ahmad

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

Gender-based violence against women and children is a serious problem in Indonesia that reflects the inequality of social structures and the weakness of legal implementation. This study aims to examine the extent to which the Indonesian legal system is able to provide fair, equal, and gender-responsive protection to victims of violence, as well as assess the challenges in its application. The type of research used is a normative-critical study with a Feminist Legal Theory approach. The results of the analysis show that although there are regulatory advances such as the TPKS Law and the Presidential Instruction on Gender Mainstreaming, their application is still biased, not victim-friendly, and lacks a gender perspective. In conclusion, the law in Indonesia has not fully guaranteed substantive justice for victims. Therefore, it is recommended that legal reforms based on victims' experiences, increasing the capacity of law enforcement officials, and strengthening victim service institutions to encourage inclusive and transformative justice.

Nurul Fadilah; Nadiah Nurfasyah; Ipeka Feodora Skatata G; Monica Natasya Silitonga; Muhammad Lutfi Styabudi

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

Assault is a criminal act intentionally committed to cause pain, physical injury, or damage to another person. As a state governed by law, efforts to address assault crimes are necessary as part of law enforcement. However, existing regulations focus mainly on the perpetrators, and there is a need for regulations that also focus on the victims, examined through the perspective of victimology. The purpose of this study is to give greater consideration to the victim's side in a criminal act, how victims are more heavily impacted, and the legal protection that remains insufficiently fulfilled. This research uses a theoretical study with the approach of victimology theory and restorative justice theory. It employs a normative empirical method with secondary data, based on legislation. The results of this study show that victims of assault crimes suffer impacts in every aspect, including physical injuries, psychological disturbances, economic effects, and social life disruption. Victims of assault should receive protection from the victimology perspective, such as restitution or compensation, counseling assistance, medical aid, and legal support. However, these protections have not been adequately fulfilled. This is illustrated by case number 695/Pid.B/2024/PN SRG, where the defendant was sentenced under Article 351 paragraph (2) for assault causing serious injury to the victims, with a prison sentence of 1 year and 10 months plus a court fee of Rp. 2,000 (two thousand rupiah). Considering the victims experienced terror before the incident and multiple stabbing actions resulting in physical and psychological harm, the victims are entitled to restitution, counseling, and adequate legal assistance. Yet, in reality, such protections remain unmet.

May Lany Putri Carrlyn Hondro; Safira Arta Azzahra; Nadhira Wahyu Adityarani

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

Patent rights are a part of Intellectual Property Rights (IPR) that provide legal protection for inventions in the field of technology. With the rapid development of the times and technological advancements, the protection of patent rights has become an increasingly crucial issue. This is due to the growing number of patent infringements, particularly in the digital and medical device sectors, which often involve major global technology companies. One such case is the patent dispute between Apple Inc. and Masimo Corporation. The patent conflict between Apple and Masimo serves as a concrete example of how disputes over the ownership of technology can lead to complex legal issues, while also demonstrating how legal systems in developed countries respond to alleged patent infringements relatively effectively. On the other hand, Indonesia, as a developing country, still faces various challenges in resolving patent disputes, ranging from policy aspects and law enforcement processes to the capacity of existing institutions. This study aims to evaluate the extent to which Indonesia's patent legal system has been able to meet the demands of the times. Through the analysis of the Apple vs. Masimo case, this paper seeks to examine how Indonesia’s patent dispute resolution system can be strengthened to address global dynamics.

Rahma Fitri Amelia Hasibuan; Muhammad Abdillah; Nadilah Andini; Fitria Mukhtar Siregar; Annisa Putri Andini Tanjung

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

The rapid development of the digital economy has transformed the labor landscape with the emergence of a new type of employment contract known as platform contracts, which differ from conventional formal employment contracts. This phenomenon poses significant challenges regarding legal protection for workers, especially in ensuring basic rights and social justice in the digital era. This study aims to analyze the comparison of legal protection between workers bound by formal employment contracts and digital platform workers. The research method used is qualitative descriptive with a literature review from various relevant primary and secondary sources. The results reveal that formal workers receive stronger and more comprehensive legal protection through existing labor regulations, whereas platform workers face legal status ambiguity, leading to minimal protection and risks of exploitation. This study emphasizes the importance of adaptive legal reforms to accommodate changes brought by the digital economy by expanding the definition of workers and providing equal legal protection for platform workers. In conclusion, regulatory updates and collaboration among various stakeholders are necessary to create a fair and sustainable work ecosystem in the digital era.

Sri Utami; Hepy Krisman Laia; Muhammad Arif Sahlepi

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

This study examines legal protection for child victims of sexual crimes from a criminal law perspective. Using a normative approach and literature review, this study aims to determine the legal protection for child victims of sexual violence, factors that influence the occurrence of sexual violence against children, and efforts to prevent sexual violence against children. The results of this study indicate that Indonesia has a responsibility to protect child victims of crime. Law Number 23 of 2002 in conjunction with Law Number 35 of 2024 in conjunction with Law Number 17 of 2016 concerning Child Protection provides a basis for protection that includes children's rights, protection from violent crimes and discrimination, and fulfillment of their dignity and honor. Special protection is given to child victims of sexual violence through rehabilitation, protection of victim identity, guarantee of safety for victim witnesses, and accessibility to case developments. Criminal sanctions for perpetrators of sexual violence against children are regulated in the Law and the Criminal Code. In handling cases of sexual violence, the role of forensic medicine is crucial in terms of collecting the necessary evidence. The principle of diversion is also applied in handling cases of sexual violence involving minors. Serious coordination between the police, prosecutors, and judges is needed to eradicate sexual violence against children. In closing, this study presents a general overview of legal protection for child victims of sexual crimes from a criminal law perspective. Efforts continue to be made to strengthen the protection and prevention of these crimes through coordination between institutions and effective law enforcement.

Moh.Alfan Baetoni; Lucky Dafira Nugroho; Hudama Leo Putra Perkasa

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of information technology has driven significant changes in the practice of contract making, from manual-based to increasingly using electronic systems. This research discusses the validity of the legal certainty of electronic contracts compared to manual contracts. Electronic contracts offer efficiency and flexibility, but raise concerns regarding the validity of electronic signatures, data security, and legal proof in the event of a dispute. Meanwhile, manual contracts are considered more concrete and easily accepted as evidence due to their physical form. Through a normative approach with the analysis of laws and regulations and legal literature, this study found that both types of contracts have equal legal standing as long as they fulfill the legal requirements of an agreement according to the Civil Code. However, electronic contracts face challenges in legal protection, identity authentication, and document integrity. It is necessary to strengthen technical regulations, digital legal education, and technological infrastructure to ensure the validity and legal certainty of electronic contracts to be equivalent to manual contracts, so that the rights and obligations of the parties can be fairly protected in today's digital era.