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Teuku Ikhlasul Mufti; Ilyas, Ilyas; Adwani, Adwani

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

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

Maulana Halim Putra; Rizanizarli, Rizanizarli; Sulaiman, Sulaiman

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

Law Number 1 Year 2023 on the Criminal Code (KUHP) is a form of national criminal law reform that recognises the existence of customary criminal law. However, it has not been regulated in detail how the implementation and position of customary criminal law as a reason for criminal prosecution, and there are fundamental differences between the two concepts of the legal system. The problems in this research are how the position between customary criminal law and national criminal law in the new Criminal Code, how the legal certainty of the regulation of customary criminal law in the new Criminal Code, and how the challenges in enforcing customary criminal law using the current criminal justice system in Indonesia. This research uses normative juridical method with regulatory and conceptual approaches. The results show that the applicability of customary criminal law is limited to the area where the law lives and applies to customary criminal acts committed in the area where the law lives. The position of customary criminal law can be valid as a reason for criminal prosecution if the customary law that is still alive in the community has been stipulated in the form of Regional Regulations, and customary offences that are similar to offences in the New Criminal Code will be ruled out, and the classification of customary sanctions as additional sanctions, positioning customary penalties to be complementary or secondary, because additional sanctions can only be imposed together with the main sanctions. Legal certainty towards the regulation of customary criminal law is highly dependent on the formulation of the elements of each offence of customary criminal law stipulated in regional regulations. The current criminal justice system in Indonesia (KUHAP) cannot realise the objectives of customary criminal law. The objectives, characteristics, and procedures in the concept of customary law are contrary to those in the criminal justice system. Restorative Justice can be utilised as an alternative to the settlement of customary criminal cases when the New Criminal Code comes into effect.

Muhammad Saputra; Muhammad Amar Adly; Heri Firmansyah

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

The purpose of this study is to explore and understand the various rules of Islamic jurisprudence related to divorce, and how to apply these rules in problems related to divorce. This study uses a library research approach. The results of the study indicate that divorce should be imposed based on valid reasons and lead to the need to separate. Imposing divorce without a clear reason can result in sin for the husband. In addition, the valid requirements for divorce are that the husband who makes it must be mature and of sound mind, so that he can be responsible for the decision. This study examines four main rules of Islamic jurisprudence related to the law of divorce in Islam, namely: first, divorce cannot be separated and falls according to the number mentioned, second, the place where the divorce falls is where the marriage bond occurs, third, the law of divorce follows the nature that is coupled with the number so that the number of divorces is in accordance with what is mentioned, and fourth, even though divorce is said to be related to the past, the law of its fall still applies when the words are pronounced as well as examples and exceptions. This study uses a literature study method with analysis of the Qur'an, Hadith, and the opinions of classical and contemporary scholars. The results of the study confirm that these rules are very important in determining the validity, time of divorce, and its legal implications, thus providing legal certainty for married couples in Islamic households. The purpose of this study is to explore and understand the various Islamic jurisprudence rules related to divorce, as well as how to apply these rules in problems related to divorce. This study also aims to analyze the relevance and legal implications of these rules in the practice of Islamic family law, in order to provide a comprehensive understanding and legal certainty for Muslims in living their household life.  

Hardini Febriani

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

The issue arises from Article 15 paragraph (2) letter f of the Notary Position Law (UUJN), which grants notaries the authority to draw up deeds related to land affairs but fails to clearly define the scope of that authority. This creates conflict with Article 2 of Government Regulation No. 37 of 1998 in conjunction with Government Regulation No. 24 of 2016, which stipulates that PPATs have the authority to draw up authentic deeds regarding certain legal acts in land affairs. This study employs a normative juridical method by reviewing statutory regulations and legal literature to analyze the issue. The results show that this overlapping authority leads to legal uncertainty and potential conflict between professional functions. In practice, although notaries are normatively granted authority in land-related matters, their implementation remains limited, as deeds drawn up by notaries cannot serve as a legal basis for land registration unless the notary is also appointed as a PPAT. Therefore, a legal reform is necessary, either through a revision of the UUJN or the establishment of implementing regulations that clarify each official’s authority. By doing so, legal certainty can be achieved, and inter-professional disputes can be minimized.

Rafiq Andra Wisudana; Neti Sunarti; Ii Sujai

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

This research is motivated by the existence of problems in the management of movable assets owned by Margajaya Village which are not yet optimal. The purpose of this study is to determine the optimization of movable asset management in Margajaya Village, Sukadana District, Ciamis Regency. The method used in this study is descriptive analysis. There are 6 informants. Data collection techniques are literature studies, field studies (observations and interviews) and documentation. The author uses qualitative data analysis techniques through processing data from interviews and observations to draw conclusions so that they can answer the problems in the study. Based on the results of the study, it is known that: Optimization of movable asset management in Margajaya Village has been implemented but has not been optimal in accordance with the principles of asset management, namely the functional principle, legal certainty, openness, efficiency, accountability, and certainty of value. This shows that the movable assets owned by the village have been used but have not been managed effectively to support the implementation of government duties and community services. There are several obstacles faced in the management of movable assets, including limited competent human resources, inadequate supporting facilities and infrastructure, lack of socialization and understanding of regulations, limited community participation in supervision, and budget constraints for asset maintenance and development. Efforts have been made by the Margajaya Village Government together with related parties to overcome these obstacles, including conducting training and increasing the capacity of village officials, implementing a digital-based asset management information system, socializing and assisting with asset management regulations, increasing transparency and community participation, and optimizing village budget management.

Rayga Rayyan; Marice Simarmata

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

The utilization of Artificial Intelligence (AI) in healthcare services and medical diagnosis in Indonesia has grown rapidly alongside the digital transformation of the health sector. AI technology has been employed to improve service efficiency, accelerate diagnostic processes, and enhance disease detection accuracy, particularly through medical imaging and ECG data analysis. Algorithms such as K-Nearest Neighbor (KNN) and Chi-Square have shown effectiveness in heart disease classification. However, despite its benefits, AI implementation presents legal challenges. The absence of specific regulations regarding legal liability in cases of AI-based diagnostic errors creates uncertainty for both medical professionals and patients. Additionally, the lack of national standards, weak patient data protection, and digital literacy gaps present significant obstacles. Adaptive policies, the establishment of dedicated regulations, and collaboration between government, medical practitioners, technology developers, and academics are essential to develop a legal framework that accommodates AI advancements responsibly. With clear legal certainty, AI technology can be optimally utilized to support more inclusive and high-quality healthcare services.

Luthfia Kurindra Fitri; Anissa Prameswari; Irene Rambu Padu Djabu

Jurnal Ekonomi, Akuntansi, dan Perpajakan 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Regulation plays an important role in the public sector as a legal foundation and reference in the implementation of governance. This article discusses regulation and its developments in the public sector of Indonesia, highlighting its functions, purposes, dynamics, and challenges in its implementation. Regulation aims to create legal certainty, enhance bureaucratic efficiency, protect public interests, and ensure the quality of public services. Over time, regulation has undergone significant changes, especially after the era of reform and digitalization, which has encouraged increased transparency through e-government and technology-based services. However, the implementation of regulations still faces obstacles such as overlapping rules, weak policy evaluation, and low public legal literacy. These challenges demand reforms that are not only normative, but also strengthen institutional capacity and public participation. Information technology is also an important tool to support adaptive and responsive regulations to the needs of the community. Through a literature review and policy analysis, this article concludes that sustainable regulatory reform is needed to support better, efficient, and public service-oriented governance that is fair and accountable.

Khoiron Tamami; Dyah Octarina Susanti; Nuzulia Kumala Sari

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

This study aims to analyze the application of the legal principle of utility (kemanfaatan hukum) in relation to the inclusion of the phrase Basmallah at the beginning of authentic deeds in Murabahah financing contracts. In notarial practice, it has been found that certain notaries include the phrase “Bismillahirrahmanirrahim” at the beginning of the redaction of Islamic financing deeds. However, the form and structure of authentic deeds are explicitly regulated in Article 38 of the Notary Act (UUJN), which serves as the normative reference for notaries in drafting legally binding deeds. According to Article 1868 of the Indonesian Civil Code (KUHPerdata), an authentic deed is a document drafted in a format prescribed by law, created by or before a public official authorized for such matters, and executed at a place designated by law. Therefore, the inclusion of the Basmallah, which is not stipulated in the formal structure of deeds, may pose legal issues as it can be deemed a deviation from formal requirements, potentially undermining the evidentiary strength of the deed. To ensure both the utility and legal certainty of authentic deeds, it is necessary to reaffirm the formal boundaries as outlined in Article 1869 of the Civil Code, so that deeds drawn up by notaries maintain both formal and substantive legal validity. The scope of this study encompasses three main aspects: First, whether the inclusion of the Basmallah at the beginning of a Murabahah financing deed holds legal authenticity; second, to what extent such inclusion aligns with the principle of legal utility.

Marsalina Susana; Urbanisasi Urbanisasi

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

The need for development financing in the regions is increasing, while dependence on the APBN/APBD funds cannot meet all those needs. Therefore, the regional government is starting to explore alternative financing cooperation, including with non-government entities (private and international financial institutions). This article aims to examine the role of national civil law as the legal basis for regulating the relationship between the parties in such cooperation schemes. This research uses a normative juridical method with an approach based on legislation and concepts. It is found that national civil law, particularly agreements in the Civil Code and modern contract law, plays a vital role in determining the rights and obligations of the parties, ensuring legal certainty, and preventing disputes in the implementation of non-APBN/APBD funding cooperation. In addition, the flexibility of civil law allows for adaptation to the needs of the region and funding partners. Strengthening the legal capacity of local governments and harmonizing with sectoral regulations are necessary.

Moonti, WIndah; Moonti, Roy Marthen

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

Pretrial is an important instrument in the Indonesian criminal justice system that serves as a control mechanism against arbitrary actions of law enforcement officials, especially in the determination of suspect status. This study aims to analyze the effectiveness of pretrial institution in overturning invalid suspect determination and its impact on the protection of human rights and legal certainty. The method used is normative legal research with legislative approach and case study. The results of the study show that although pretrial has been strengthened through Constitutional Court Decision No. 21/PUU-XII/2014, in practice its effectiveness is still limited due to inconsistency of decisions, lack of access to investigation documents, and potential abuse by certain parties. Pre-trial decisions that invalidate suspect determinations have a substantive impact in upholding the principle of presumption of innocence and due process of law. However, in order for it to function optimally, reform of KUHAP, training of judges, digitization of the judicial process, and strong public oversight are required. Thus, pretrial can play a strategic role in maintaining substantive justice and the integrity of the legal system in Indonesia.

I Putu Gede Nesa Saputra Yasa

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

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

Awaluddinul Akbar , Muhammad; Wahyudin, Wahyudin; Darwis , Robi; Syahrul, Syahrul; Zuhra, Zuhra

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

Background: Islamic inheritance law represents a critical component of family law systems that extends beyond religious obligations to encompass significant socio-economic implications for asset distribution and intergenerational justice. While Malaysia and Brunei Darussalam have both incorporated Islamic law into their national legal frameworks, their implementation approaches demonstrate fundamental structural and procedural differences that warrant systematic comparative analysis. Objective: This study examines the institutional frameworks and implementation effectiveness of Islamic inheritance law systems in Malaysia and Brunei Darussalam, analyzing how constitutional arrangements and governmental approaches influence the practical application of faraid principles. Methods: This research employs a normative legal methodology utilizing comparative analysis of legal frameworks, institutional structures, and judicial decisions. The study analyzes primary legal sources including constitutional provisions, statutory laws, court decisions, and administrative guidelines from both jurisdictions. Data collection encompassed library research examining fiqh literature, national legislation, official documents, scholarly articles, and religious legal opinions. Theoretical frameworks of legal pluralism (Romano-Gierke), Maqasid al-Shariah, and Hartian legal positivism provide analytical foundations for institutional effectiveness assessment. Results: Malaysia's dual legal system creates jurisdictional tensions between Syariah and civil courts, particularly regarding immovable property administration, resulting in administrative complexity and legal uncertainty that undermines Islamic law effectiveness. Conversely, Brunei's centralized Islamic legal framework demonstrates superior institutional coherence through exclusive Syariah court jurisdiction, enabling direct faraid implementation without inter-court conflicts. The study reveals that approximately RM42 billion in Muslim inheritance remains undistributed in Malaysia due to systematic administrative failures, while Brunei's unified approach achieves greater legal certainty and administrative efficiency. Conclusions: Institutional structures fundamentally determine Islamic inheritance law implementation effectiveness in contemporary Muslim societies. Successful Islamic law implementation requires comprehensive institutional support aligning legal structures with religious objectives rather than mere constitutional recognition. Malaysia's fragmented system inadvertently undermines Islamic law's divine authority through secular intervention, while Brunei's unified approach enhances religious legitimacy and community compliance.

Putri Ramadhani Rangkuti; Muhammad Aldi Khoiri; Sumantri Ritonga; Putri Nabila Sitorus Pane

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study uses a qualitative method to examine the criminal sanctions against phishing crimes under Indonesian criminal law. Phishing is a form of cybercrime committed by deceiving victims into disclosing personal or confidential information such as identity data, bank accounts, or other sensitive details. In Indonesian criminal law, phishing is not explicitly mentioned, but it can be prosecuted under several articles of the Electronic Information and Transactions Law (Law No. 19 of 2016), particularly Articles 35 and 36, which regulate manipulative acts that cause harm to others. Offenders may face imprisonment of up to 12 years and/or fines of up to 12 billion rupiah. Additionally, offenders may be charged under the Indonesian Penal Code (KUHP) if their actions meet the elements of fraud or data theft. This study highlights the need for legal reform to be more responsive to the rapid advancement of digital technology. More specific regulations are needed to ensure legal certainty and provide adequate protection for victims of phishing crimes in Indonesia.

Nike Cahyaningrum; Mira Eka Erlina; Rahma Rini Khalisa Firdausi; Chammellia Annastasya Melati4; Rahma Syifa Az Zahra +2 more

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

Investment plays a strategic role in driving economic growth and job creation. However, the dynamics of investment law regulation in Indonesia still face various challenges that impact business certainty for investors. This study aims to: (1) analyze the dynamics of investment law regulations in Indonesia over time until the enactment of the Job Creation Law; (2) identify the forms of investment law regulations and the challenges of their implementation; and (3) formulate legal solutions to improve business certainty for investors. The research method used is normative legal research with a legislative and conceptual approach. Data was obtained from relevant regulations, scientific journals, and academic literature, then analyzed using descriptive-qualitative methods. The results of the study show that although regulations such as Law No. 25 of 2007 and the Job Creation Law have strengthened the legal framework for investment, their implementation is still hampered by bureaucracy, inconsistencies between central and regional policies, and weak oversight in digital investment. The conclusion of this study is that regulatory harmonization, strengthening arbitration institutions, and improving legal literacy are important steps to enhance legal certainty and investment attractiveness in Indonesia.

Ahaya, Siska; Moonti, Roy Marthen; Ahmad, Ibrahim

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

The Constitutional Court (MK) Decision Number 55/PHPU.BUP-XXIII/2025 is an important precedent in the dynamics of regional head election law in Indonesia. The Constitutional Court canceled the participation of the North Gorontalo Regent candidate pair because one of the candidates was still undergoing a criminal probation period. This article analyzes the Constitutional Court's legal considerations and their implications for the principle of legal certainty and protection of voters' constitutional rights. This study uses a normative legal approach with a descriptive-qualitative analysis method of laws and regulations and Supreme Court decisions. The results show that the enforcement of strict nomination requirements by the Constitutional Court emphasizes the importance of compliance with the law in the democratic process, while ensuring that regional head candidates have proper moral and legal integrity, this decision also emphasizes that the election process is not only procedural, but also substantial in ensuring the quality of leadership that will be elected. In addition, this decision provides guidelines for election organizers, especially the General Election Commission (KPU), to be more careful in conducting factual verification of candidate requirements. On the other hand, political parties are encouraged to be more selective in nominating candidates, in order to avoid potential legal disputes that could harm public trust in democracy.

Eka Sakti Panca Indraningsih; Hedwig Adianto Mau; Mardi Candra

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

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

Annisa Afwani; Nidaul Husna; Muhammad Saladin Zidan

Jurnal Ekonomi, Akuntansi, dan Perpajakan 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Tax law is a branch of public law that governs the relationship between the state and taxpayers in terms of tax collection. In the context of modern taxation systems, tax law not only encompasses the legal basis for tax imposition but also includes the set of rules and regulations that underpin its implementation and enforcement. This article aims to provide a comprehensive understanding of the concept of tax law, the fundamental principles of taxation, the types of taxes according to legislation, and the development of tax regulations currently enforced in Indonesia. Using a normative approach, this article analyzes the legal foundations of taxation such as the General Provisions and Tax Procedures Law (UU KUP), as well as supporting legislation including the Law on Harmonization of Tax Regulations (UU HPP). The discussion also covers the principle of fairness in taxation, the authority of the Directorate General of Taxes, and the rights and obligations of taxpayers. With a robust legal framework and continuously updated regulations, the tax system is expected to provide legal certainty, improve compliance, and create a fair and sustainable system.

Faruq Rozy; Yasmirah Mandasari Saragih; Abdi Ridho; Nurul Aini; Berlian Evi Yenni Pakpahan

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

The phenomenon of money laundering crimes committed by corporations shows an increasingly complex and organized trend. Law enforcement against corporate offenders often faces obstacles in terms of regulations and weaknesses of the criminal justice system. In this context, the consistency of law enforcement becomes crucial to ensure legal certainty and justice. This research aims to examine the consistency of corporate criminal law enforcement in money laundering cases and identify relevant challenges and solutions. The research method used is normative juridical with statutory approaches and case studies. The results of the study show that although there is an adequate legal umbrella, implementation in the field is still inconsistent, both in terms of proving corporate guilt and in imposing sanctions. It is necessary to harmonize regulations and increase the capacity of law enforcers to realize an effective corporate criminal law system in tackling money laundering crimes.

Muhammad Novangga Praditya; Fendi Setyawan; Ratih Listyana Chandra

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

The provision under Article 17 paragraph (1) letter f of the Notary Law (UUJN) stipulates that a Notary is prohibited from concurrently holding a position as a leader or manager in a state-owned or private business entity. However, the term "leader" as used in this provision is not clearly defined, either in the main text of the article or in its explanatory section. The absence of a clear definition creates legal ambiguity, as the provision does not refer to organizational structures regulated under the Company Law, the State-Owned Enterprises Law, or the Regional Government Law. This has led to varying interpretations in the supervision of Notaries and creates potential inconsistencies in the enforcement of the rule. To address this normative uncertainty, there is a need for regulation that explicitly outlines which positions are considered to fall under the term "leader" as intended by the UUJN. This journal article focuses on analyzing the meaning of the term "leader" in Article 17 paragraph (1) letter f of the UUJN, and on examining the legal certainty of using the term in relation to the prohibition against Notaries concurrently holding leadership positions in business entities.

Miftia Nur Annisa; Rina Arum Prastyanti; Muhamad Habib

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

This study examines violations of ethical commenting on the Instagram account @Pertamina, in response to a fuel-mixing corruption case that caused state losses of up to one quadrillion rupiah. The research aims to describe forms of unethical comments posted by netizens and analyze them based on Article 28 paragraph (2) of Indonesia’s Electronic Information and Transactions Law (ITE Law). A normative juridical method was used, supported by digital observation, documentation, and note-taking techniques. The results revealed 20 comment samples containing hate speech, insults, threats, and defamation. These comments not only violate digital ethics but also potentially breach Articles 28(2) and 27(3) of the ITE Law. According to Soedikno Mertokusumo's theory of legal objectives, such comments fail to uphold justice, legal certainty, and usefulness, ultimately damaging the digital public space, which should foster healthy and productive communication.