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Muhammad Nasa’i Dwi Saputra; Aulia Siti Aminah

Jurnal Insan Pendidikan dan Sosial Humaniora 2025 International Forum of Researchers and Lecturers

This research examines the issue of interfaith marriage in the context of religious moderation in Indonesia. This research uses a qualitative method with a library research approach. Based on Dukcapil data from 2022, 34.6 million couples were recorded as "unregistered marriages" due to interfaith marriages. showing strong tension due to the presence of regulations and religious doctrines that tend to be exclusive. By comparing the perspectives of Islam, Catholicism, and Hinduism, it was found that there are differences in doctrinal limitations regarding interfaith marriage practices. This shows how complex the relationship is between social structures and religious teachings in marriage. Moreover, this research found that there is a contradiction between the dominant interpretation of marriage law based on religious beliefs and the constitutional right to form a family (Article 28B paragraph 1 of the 1945 Constitution). As a solution, the paradigm of religious moderation is offered. This paradigm emphasizes justice, love, and tolerance as the fundamental principles of inclusive marriage. This study suggests changes to the legal and theological framework to adapt to a multicultural society.

Mahabatul Hasanah; Siti Fatimatuzzahra; Nor Latifah

Jurnal Riset Ilmu Farmasi dan Kesehatan 2025 Asosiasi Riset Ilmu Kesehatan Indonesia

Drug packaging not only serves as a protective barrier for pharmaceutical products but also functions as a strategic element in conveying information and ensuring consumer rights. This study is a literature review of five journals that discuss packaging innovation, legal aspects of labeling, consumer protection, and packaging design from both technological and regulatory perspectives. The aim of this study is to compare the dimensions of innovation, information, and protection in drug packaging. A narrative review method with a qualitative descriptive approach was used. The results show that innovations such as the use of adsorbent plastic and efficiency in packaging systems significantly affect product stability and production speed. Meanwhile, the inclusion of composition details and halal labeling on packaging serves as a form of consumer protection from health risks and rights violations. It is concluded that a multidimensional approach to drug packaging is essential in creating a pharmaceutical distribution system that is efficient, safe, and ethical.

Novita Novita; Moh. Syuhada Ramdhani; Novi Andini

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

This research analyzes the Constitutional Court Decision Number 62/PPU-XXII/2024 regarding the constitutionality of the presidential threshold and its implications for the development of inclusive democracy in Indonesia. Using a juridical-normative and conceptual approach, this study examines the presidential threshold provisions as regulated in Article 222 of Law Number 7 of 2017 on General Elections from the perspective of inclusive democracy theory and electoral systems. The results show that the Constitutional Court affirmed the constitutionality of the presidential threshold as an open legal policy of the legislators, while also noting that lawmakers should reconsider the threshold percentage in future revisions of the Election Law. This research identifies a tension between two equally important democratic values: government effectiveness and political representation. On one hand, the presidential threshold can strengthen the presidential system by encouraging political party consolidation and creating more stable governance. On the other hand, this provision potentially limits political inclusivity by reducing the diversity of choices for voters and restricting opportunities for small or new political parties to nominate presidential and vice-presidential candidates independently. This study concludes that to realize a more inclusive democracy following the Constitutional Court Decision, further efforts are needed to reform the electoral system, strengthen political parties, enhance political education, and develop innovations in political participation.

Wani Wani; Faisar Ananda Arfa; Ibnu Radwan Siddiq Turnip

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This paper discusses the issue of gender equality from the perspective of Islamic family law and positive law in Indonesia. This study begins with a historical exploration of the treatment of women in the pre-Islamic era which was full of discrimination and oppression, until the arrival of Islam which brought about a major transformation towards respecting and recognizing women's rights. Furthermore, this paper reviews the comparison between the values ​​of gender equality in ideal Islamic family law with practices that are still influenced by patriarchal culture, as well as Indonesia's positive legal response to gender issues, such as through the Compilation of Islamic Law (KHI), the Marriage Law, and the ratification of international conventions such as CEDAW. This study also highlights the role and existence of women in the family as children, wives, and mothers, as well as the challenges faced by women in fighting for rights and equality in the domestic and public spheres. This paper emphasizes that achieving fair and balanced gender equality requires a reinterpretation of the law based on values ​​of justice and a structural commitment to empowering women in all aspects of life.

Ismaidar Ismaidar; Rifqi Fairuz Ula

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The leakage of consumers' personal data by irresponsible corporations has become a serious issue in the digital era, particularly in the context of data protection in Indonesia. This paper analyzes corporate criminal liability for such data breaches from the perspective of Indonesian cybercriminal law. The study adopts a normative legal approach through literature review of relevant legislation, legal doctrines, and court decisions. The findings indicate that corporations may be held criminally liable if proven negligent or if they fail to fulfill their data protection obligations under the Electronic Information and Transactions Law (ITE Law). Although a legal framework already exists, proving the elements of fault and direct involvement of corporate executives remains a significant challenge. Therefore, there is an urgent need for strengthened technical regulations and stricter law enforcement to ensure the protection of consumer rights in the digital sphere.

Junaedi Junaedi

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

The current criminal law system is still oriented towards the perpetrator, with minimal protection for victims. Ideally, the law should prioritize justice for victims through a criminological and victimological approach. Therefore, legal reform, officer training, and integrated services are needed so that crime prevention is more effective and just. This study aims to explore the transformation of criminological and victimological perspectives that can be the basis for developing a crime prevention strategy based on victim protection.method uses a descriptive qualitative approach to explore the transformation of criminology and victimology perspectives in crime prevention strategies based on victim protection. Data were collected through literature studies and analyzed thematically. The results are expected to provide conceptual and practical recommendations to strengthen the legal system and social policies that are responsive to victims.The results of this study show that the transformation of criminological and victimological perspectives reflects a shift from a perpetrator-centric legal approach to a more holistic and victim-centric one. This integration strengthens the legal system and social policies to better protect, restore and empower victims, and to develop effective crime prevention strategies. With a more humane and restorative justice approach, this transformation becomes an important foundation for reducing crime rates and forming responsive and sustainable public policies.

Martin Batara Tambunan; Suherman Suherman; Heru Sugiyono

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

The purpose of this study is to analyze the legal status of fiduciary collateral objects designated as state-confiscated assets that have been auctioned, and to examine the resolution of the state's rights in confiscating and auctioning fiduciary collateral objects in relation to the rights of financing companies as fiduciary creditors whose claims remain unsettled. This study employs a normative juridical research method using statutory, case, and conceptual approaches. The results show that fiduciary collateral objects confiscated and auctioned by the state do not automatically nullify the creditor’s rights, as the principle of droit de suite entitles creditors to claim the object or the proceeds from its sale. Regulatory ambiguity creates legal uncertainty and discourages fiduciary-based financing practices. From a justice perspective, the state must not arbitrarily execute assets without considering the legitimate rights of creditors. Resolution of the conflict between the rights of the state and creditors must be carried out proportionally through criminal, civil, or non-litigation avenues, in order to establish a balance between law enforcement and creditor protection, thereby maintaining stability in the financing sector.

Moh Zulham Sidiq

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

 A brand is one of the most valuable intellectual assets in the business sector, serving not only as a product identity but also as a reflection of reputation and quality. However, the increasing phenomenon of brand infringement indicates the urgent need for stronger and more effective legal protection. Brand infringement brings various negative consequences, including loss of consumer trust, unfair competition, and significant financial losses for brand owners. This study aims to analyze brand infringement from a criminological perspective, identify causal factors, and evaluate the role of law in addressing such violations. The research employs normative legal methods through analysis of statutory regulations, legal and criminological theories, and a literature-based approach using secondary data obtained from books, journals, and legal documents. The findings reveal that criminology provides relevant insights through theories such as Rational Choice Theory, which explains that perpetrators calculate the risks and benefits before committing the violation, and Anomie Strain Theory, which highlights how the inability to achieve economic or social goals legally can drive individuals or groups to commit brand infringement. The classification of violations includes imitation, counterfeiting, misuse, and unlawful exploitation of brand rights. Several causal factors were identified, including weak legal supervision, limited enforcement, and the high consumer demand for cheaper counterfeit products. Furthermore, the study underlines the essential role of the criminal justice system in addressing brand infringement through the enforcement of criminal, civil, and administrative sanctions as regulated under Law Number 20 of 2016 on Trademarks and Geographical Indications. In conclusion, brand infringement is not merely a legal issue but also a criminological problem that requires comprehensive handling through effective law enforcement, stronger supervision, and increased public awareness to protect intellectual property and ensure fair business practices.

Glenius Brainsson Siburian

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

The number of layoffs during Covid-19 due to the presence of the Large-Scale Social Restrictions (PSBB) policy not only has an impact on the health sector, but also has a wide impact on social and economic coverage, especially in the formal and informal employment sector. One of the main problems that arises is the increasing cases of Termination of Employment (PHK) which causes economic uncertainty for workers and their families. The researcher is encouraged to conduct an in-depth analysis of this condition after the enactment of the Job Creation Law, especially in the perspective of fulfilling the rights of workers affected by the pandemic. This study uses a normative legal research method with a legal legal approach, focusing on the employment aspect. Data was obtained through literature studies which included primary sources in the form of laws and regulations, as well as secondary sources in the form of literature, journals, scientific articles, and relevant court decisions. The results of the study show that there are still differences in implementation in fulfilling the rights of workers who have been laid off during the pandemic. Based on the decisions analyzed, it was found that there are still cases where workers do not get their rights in full, either related to severance pay, service award money, or other compensation money that should be guaranteed by law. These findings indicate that the role of judges in deciding layoff cases is very important to ensure maximum justice and protection for workers. Therefore, the author recommends that judges in deciding cases related to layoffs be guided by the principles of labor law, the principles of social justice, and applicable laws and regulations.

Bella Fistya Asherli; Sidi Ahyar Wiraguna

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

The rapid development of information technology has had a significant impact on the pattern of collecting, processing, and storing personal data in the digital era. However, this progress is also accompanied by an increasing threat of cybercrime, one of which is phishing attacks. Phishing is a digital fraud mode that aims to obtain personal data illegally through social engineering and manipulation of electronic systems. This study aims to analyze the form of legal protection for phishing victims in the perspective of Law Number 27 of 2022 concerning Personal Data Protection (UU PDP). Using normative legal methods and conceptual approaches, this study examines the role of state authorities such as the National Cyber and Crypto Agency (BSSN) and the Directorate of Cyber Crime (Dittipidsiber) of the National Police Criminal Investigation Unit in the procedures for handling and prosecuting phishing. The results of the study show that although the PDP Law has provided a clear legal framework, its implementation still faces challenges in technical aspects, institutional coordination, and public digital literacy. Therefore, strong synergy is needed between regulation, supervision, and public education to realize effective and sustainable personal data protection in the digital era.

Khuszaimah Anggraheni Nur Amalia; Sulistyanta Sulistyanta

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

This study was conducted to implement the law on the case of illegal mining carried out by Chen Fu as a perpetrator of a criminal act in the Mining Business Permit (IUP) area of ​​PT ANTAM Tbk UBPN North Konawe, and to assess whether its implementation has accommodated ecological justice based on Law Number 3 of 2020 concerning Mineral and Coal Mining (Minerba Law) and Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH Law). The method used in this is normative-doctrinal with a statutory approach and a case approach. Thus, the results of the study show that the legal approach in this case is still limited to the administrative aspect and does not substantially reflect ecological justice. There is a need for harmony between the Minerba Law and the PPLH Law in their implementation to reach aspects of ecological losses, strengthen the deterrent effect, and pave the way for comprehensive environmental recovery. The resulting research recommendations explain the importance of reforming charges in illegal mining cases that cause environmental damage, so that the law can be enforced fairly, comprehensively, and with a sustainable perspective.

Arif Rahman Hakim; Sulistyanta Sulistyanta

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

This research explores the phenomenon of carok as a form of traditional violence that persists in Madurese society, particularly in Sampang Regency. Carok refers to a duel involving sharp weapons, usually carried out by men to defend their honor and dignity, which they believe has been tarnished. This study aims to identify the factors that cause carok from a criminological perspective and to analyze the efforts that have been made to address and prevent such incidents. The research employs an empirical legal method with a qualitative approach. Data were collected through interviews with local police officers, sub-district officials, village heads, and traditional leaders in Sampang District, as well as through documentation and field observations. The findings reveal that the primary causes of carok include issues related to personal honor—especially concerning a man’s wife—personal disputes, revenge, and social environments that legitimize violence as a way of resolving conflict. From a criminological standpoint, carok can be explained through social conflict theory and the concept of crime of passion. Efforts to prevent carok have included both preventive measures, such as legal education, and repressive actions by law enforcement authorities. However, these efforts have proven to be only partially effective due to the deeply rooted cultural values that continue to support carok as a traditional form of justice. Therefore, a more intensive cultural approach involving community leaders is necessary to promote peaceful conflict resolution and reduce the incidence of violence.

Bernardus Alessandro Imantaka; Rehnalemken Ginting

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

This study discusses criminal liability for perpetrators of online gambling crimes based on Law Number 19 of 2016 concerning Electronic Information and Transactions (ITE Law) from the perspective of Indonesian criminal law. The research employs a normative juridical approach with a case study method on Decision Number 628/PID.B/2023/PN Sleman. The defendant was proven to have knowingly distributed and disseminated links to online gambling sites via social media, as well as obtained financial gain from these activities. Based on the judge’s decision, the defendant was sentenced to 1 year and 8 months in prison and fined IDR 250,000,000. The results indicate that the application of Article 27 paragraph (2) in conjunction with Article 45 paragraph (2) of the ITE Law is in accordance with the principles of criminal liability, including the elements of fault (mens rea) and unlawful acts (actus reus). Nevertheless, challenges remain in law enforcement against online gambling, particularly regarding sites operating abroad and the low level of public legal awareness. The recommendations provided include a more comprehensive legal approach to enhance the effectiveness of combating online gambling in Indonesia.

Syabilal Ali; Slamet Tri Wahyudi; Handoyo Prasetyo; Handar Subhandi Bakhtiar; Irwan Triadi

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Forced marriage of child victims of rape is a phenomenon that places children in a position of double victimization, both as victims of sexual crimes and as subjects who lose their human rights to determine their future freely and with dignity. This research aims to examine forced marriage in the framework of sexual violence against children from the perspective of criminal law and human rights. In its approach, this research uses a normative juridical method with a statutory approach, conceptual approach, comparative approach, and case approach. The results show that forced marriage not only violates children's rights to protection from sexual violence as stipulated in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, but also violates the principles of non-discrimination, the best interests of the child, and the right to physical and psychological integrity as guaranteed in the Convention on the Rights of the Child (CRC) and other international human rights instruments. This research emphasizes the importance of legal recognition of forced marriage as a form of sexual violence and the need for a comprehensive policy in the handling and recovery of child victims.

Nanindya Nataningrum; H. Yusep Mulyana

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

The current criminal law system is still oriented towards the perpetrator, with minimal protection for victims. Ideally, the law should prioritize justice for victims through a criminological and victimological approach. Therefore, legal reform, officer training, and integrated services are needed so that crime prevention is more effective and just. This study aims to explore the transformation of criminological and victimological perspectives that can be the basis for developing a crime prevention strategy based on victim protection.method uses a descriptive qualitative approach to explore the transformation of criminology and victimology perspectives in crime prevention strategies based on victim protection. Data were collected through literature studies and analyzed thematically. The results are expected to provide conceptual and practical recommendations to strengthen the legal system and social policies that are responsive to victims.The results of this study show that the transformation of criminological and victimological perspectives reflects a shift from a perpetrator-centric legal approach to a more holistic and victim-centric one. This integration strengthens the legal system and social policies to better protect, restore and empower victims, and to develop effective crime prevention strategies. With a more humane and restorative justice approach, this transformation becomes an important foundation for reducing crime rates and forming responsive and sustainable public policies.

Helena Rose T. Banase; Darius Mauritsius; Helsina F. Pello

Journal of Administrative and Sosial Science (JASS) 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The land sale and purchase agreement with everything above and in it has been implemented and proven by full payment by the buyer so that Article 571 of the Civil Code applies to the buyer. The research method used by the author is Empirical Jurisprudence with a qualitative approach, the data collection for this research is Interview research and Literature Study. the data is then analyzed using qualitative analysis. The results of the study indicate that Legal protection for land buyers in the case of transfer of ownership of teak trees by land sellers to third parties reviewed from the Civil Code guarantees the buyer's rights to the object that has been purchased, namely land and everything attached to the land. based on the Basic Agrarian Law (UUPA) legal protection for land buyers in the case of transfer of ownership of teak trees by land sellers to third parties is very weak. the settlement was carried out through mediation and the seller provided compensation in the form of another teak tree, but this shows that the implementation of the seller's responsibility is not entirely ideal from a formal legal perspective. the seller was proven to have fulfilled the four elements of an unlawful act.

Santy Ali; Ibrahim Ahmad; Robby Waluyo Amu

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

This research adopts a normative juridical approach, focusing on legal norms, doctrines, and principles related to the Inspectorate's responsibility in supervising problematic BUMDes management from a criminal law perspective. Supervisory planning begins with the Regional Inspectorate preparing an Annual Supervisory Work Plan (RKPT), which outlines oversight activities for the year. Internal supervision and criminal law serve different but complementary roles: the former is preventive, aiming to detect irregularities early, while the latter is repressive, addressing legal violations. The synergy between both mechanisms is essential for transparent and efficient BUMDes financial management. Strengthening the Inspectorate’s role requires improving its institutional capacity and enhancing the competence of its personnel. This includes developing technical auditing skills and a deep understanding of criminal law related to village fund misuse. Professional auditors with legal insight are crucial for early detection of fund misappropriation, thereby fostering integrity and accountability in village financial governance.

Haliza Nur Madhani; Herlina Herlina; Radiatul Hafifah; Radiatus Sholehah; Ali Murtadho Emzaed

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Along with the rapid advancement of digital technology, the practice of zakat payment has also evolved, such as by making non-cash zakat payments online. Online zakat payment offers the potential to reach zakat givers and recipients more broadly, as well as to increase efficiency in the collection and distribution of zakat funds through a digital system. However, this online zakat payment system still raises debates among the public regarding the validity of its implementation and the law, which is considered unclear because the method was not found in the time of the Prophet Muhammad SAW. Therefore, this research was conducted to examine the concept, Islamic legal review, advantages and disadvantages, as well as challenges and solutions in the application of the online non-cash zakat payment system from the perspective of Islamic law. This research uses normative legal methods in qualitative form and by conducting a literature study of literature or library materials. The findings of this research show that online non-cash zakat payments are sharia-acceptable as long as they fulfill the pillars and conditions of zakat and are carried out by official amil zakat institutions or platforms affiliated with amil zakat institutions.

Zainudin Hasan; Dava Ival Fadhila; Dicky Kurniawan; Arya Oktama

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

Corruption is an extraordinary crime and has a systemic impact that is detrimental to the state and society at large. To overcome this problem, the Indonesian legal system provides the option of implementing the death penalty, which is regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption. However, the application of the death penalty has raised significant debate from various perspectives, both legal, philosophical, and sociological, considering that this action is contrary to the principle of respect for human rights. This study will discuss the threat of the death penalty as a form of ultimum remedium, namely as a last resort carried out in certain circumstances, such as when corruption occurs in a crisis or disaster situation. To analyze the effectiveness and urgency of implementing the death penalty in the context of anti-corruption law enforcement, a legal-normative approach is used

Joko Christopher Samosir; Suci Ramadani; Ismaidar Ismaidar

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study discusses the accountability of perpetrators of online gambling crimes in Indonesia from the perspective of applicable positive law. Online gambling is a form of cybercrime that has developed along with advances in information and communication technology, and has various negative impacts on society, including economic losses, moral damage, and increasing crime rates. The main focus of this study is to examine how legal regulations in Indonesia, especially in the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and other related regulations, regulate and ensnare online gambling perpetrators, both as the main perpetrators, platform providers, and service users. This study uses a normative juridical method with a statutory approach and a case approach. Data were obtained through literature studies and analysis of relevant court decisions. The results of the study show that although Indonesian positive law has regulated the prohibition of gambling, there are still gaps in norms and challenges in implementation, especially related to evidence, jurisdiction of cross-border perpetrators, and adaptation of law enforcement officers to digital modus operandi. The conclusion of this study emphasizes the need for synchronization of regulations and increased law enforcement capacity, including the formation of more comprehensive special regulations regarding online gambling crimes. This is important so that the criminal responsibility of the perpetrator can be enforced effectively within the framework of justice and legal certainty.