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Eka Prawira Rajaras Ps

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

Internal trafficking or insider trading is a form of prohibited securities transactions in the capital market, because it violates the principle of transparency which is the main basis for capital market activity.  The background of this study is the rise of insider trading practices in securities trading activities.  The main purpose of this study is to analyze how the completion system of the practice of insider trading is running and how legal protection can be given to investors who are victims.  This study uses a normative juridical approach by comparing applicable regulations.  The results of the study show that investors who suffer losses due to insider trading can file a lawsuit against the law as a legal step to obtain legal protection

Parlaungan Gabriel Siahaan; Ramona Febiola Simorangkir; Adelia Br Aritonang; Grace Claudia Valerina Saragih; Joya Urmila Lubis +2 more

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

This study aims to examine the legal protection of property brought into marriage that is mixed with joint property as a result of joint management in a marriage. In many cases, this mixing causes unclear legal status of the assets, especially during divorce or inheritance division. This study uses empirical normative legal methods with a qualitative descriptive approach. The data obtained were analyzed using data reduction, data presentation, and conclusion drawing techniques. This study shows that legal regulations in Indonesia related to the protection of property brought into marriage that is mixed with joint property due to joint management in marriage, and highlights the inconsistency of court decisions in such disputes and their impact on household economic stability. Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law have distinguished between property brought into marriage and joint property, practice in the field shows that mixing of property due to joint management often causes conflict during divorce. Inconsistency in court decisions arises due to the unclear norms in Article 37 of the Marriage Law which provide room for different interpretations by judges. This has an impact on legal uncertainty and potential injustice, especially for parties who are socially or economically weaker. Mixed property disputes also affect household economic stability, exacerbate social inequality, and cause psychological burdens for family members, including children. This study recommends the need for more detailed regulatory updates, the issuance of technical guidelines by the Supreme Court to unify decision standards, and increased legal education for the community to prevent conflicts through marriage agreements.

Adinda Kusumaning Ratri; Slamet Tri Wahyudi; Handar Subhandi Bakhtiar

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

The children of terrorism perpetrators are indirect victims of acts of terrorism committed by their parents. They often face stigmatization, discrimination, and bullying within their communities. Under the Child Protection Law, the children of terrorism offenders are categorized as children who are victims of terrorist networks and therefore require special protection. This study aims to identify the ideal concept of legal protection for children of terrorism offenders against acts of bullying. The research method used is normative juridical with a statute approach, comparative approach, and conceptual approach. The findings show that optimizing legal protection for children of terrorism offenders against bullying should focus on both preventive and repressive measures. Preventive actions to protect children of terrorism perpetrators from bullying. Repressive measures include optimizing the roles of the National Counterterrorism Agency (BNPT), relevant ministries, and institutions through coordinated actions to address the needs and protection of children of terrorism perpetrators.

Nabilah Puteri Kurnia; Sinta Dewi Murni; Rifan Luqman Hakim; Muhamad Ari

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

Domestic homicide cases, especially those resulting from Domestic Violence (DV), are a phenomenon that has a wide impact, both on the surrounding environment and on the fulfillment of victims' rights. This study aims to analyze how the community responds to domestic violence murder cases and to identify victims' rights that are not fulfilled based on applicable legal regulations. Using empirical legal research methods, this study collected data through interviews with the Head of RT Jokolukito and reviewed relevant regulations. The results of the study indicate that the surrounding environment tends to be less concerned about domestic violence cases until they reach a fatal stage, which can be explained through Strain Theory and Cycle of Violence. In addition, it was found that victims did not receive optimal legal protection before the incident, and their rights after the incident were not fulfilled in accordance with the Domestic Violence Law and the Witness and Victim Protection Law. Therefore, this study recommends increasing public awareness, facilitating access to legal assistance for victims, and implementing a more effective restitution mechanism to ensure justice for victims and their families.

Putri Nurul Aini; Nurul Azkiyah; Najwa Ananda Putri; Ira Septika Putri

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

Law enforcement against theft cases not only reviews the position of the perpetrator but also the victim, because the victim has the right to receive protection both materially and immaterially; it is important for law enforcement officers to help victims obtain legal certainty and justice. The purpose of the author's research is to determine the obstacles experienced by victims of motorcycle theft in an effort to obtain their rights as victims and effective strategic efforts to ensure that the rights of victims of motorcycle theft can be fulfilled. Research iThis uses qualitative methods and empirical normative juridical methods. The author conducted interviews as primary data in this article, followed by secondary data in the form of literature from the law (primary source material), books (secondary source material), and scientific journals (tertiary source material). The data obtained shows that there are still quite a lot of obstacles experienced by victims in seeking their rights as victims of motorcycle theft. Victims experience bureaucratic difficulties where the process is complicated; victims also find unprofessional service from law enforcement officers; and victims do not get further information regarding the investigation or get SP2HP. However, there are also effective strategic steps to fulfill the rights of victims of motorcycle theft, namely by increasing access to the legal process through online complaint services and increasing professionalism and responsiveness from law enforcement officers through routine training on handling victims. It can also be done regarding the recovery of victim losses by providing compensation mechanisms and strengthening supervision and prevention by collaborating between the community and the police in the form of environmental security. This shows that there is still a lack of concern from law enforcement officers themselves for victims of motorcycle theft and there is still much that needs to be developed further by the government to improve the welfare of victims of motorcycle theft and government efforts to protect the community from criminal acts of theft.

Maulana Malik Ibrahim; Vania Elvina; Arif Pratama Kuswanto; Kayladiva Hasan

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

Bullying is an act of physical or psychological violence that can have long-term effects on its victims. In the context of legal protection, Law No. 35 of 2014 on Child Protection serves as the legal foundation for protecting children from all forms of violence, including bullying. This legal protection includes both preventive and repressive measures against perpetrators, as well as the provision of facilities for the recovery of victims.Moreover, social factors such as cultural norms, family environment, and peer interactions often exacerbate the impact of bullying. Stigma and discrimination against victims, which frequently arise due to a lack of public awareness, can worsen their psychological condition and hinder the recovery process.This study aims to analyze the social and legal impacts of bullying on victims and highlight the importance of more effective legal protection in reducing the prevalence of bullying in society.

Ligina Tesalonika; Handar Subhandi Bakhtiar; Atik Winanti

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

Globalization has increased the interest of Foreign Nationals (WNA) in owning property in various countries, whether for residential purposes, holidays, or investment. Indonesia and Malaysia, as two Southeast Asian nations, have different regulatory approaches regarding property ownership by WNA. This research aims to analyze the legal provisions, identify similarities and differences in regulations, and evaluate their impact on the investment climate and legal protection for WNA in both countries. The research method used is comparative law, focusing on the legal basis, forms of ownership, limitations, and legal protection. The findings indicate that Indonesia tends to be protective of land ownership by foreign parties, strictly regulated through the Basic Agrarian Law (UUPA) No. 5 of 1960, which limits WNA to Right of Use (Hak Pakai) and Right to Build (Hak Guna Bangunan/HGB) with limited durations. In contrast, Malaysia adopts a more liberal and pro-investment approach, allowing WNA to own property as freehold or leasehold based on the National Land Code 1965 and the Malaysia My Second Home (MM2H) program. The implications of these differences are that Indonesia's restrictive policies may reduce the attractiveness of foreign investment due to legal ambiguity and limitations in secondary transactions. Meanwhile, Malaysia offers greater legal certainty and economic appeal through freehold ownership, despite social risks such as rising property prices. This study concludes that Malaysia has a more foreigner-friendly system for property ownership, while Indonesia maintains a cautious principle. It is suggested that Indonesia consider agrarian reforms that are more transparent and provide legal certainty that balances national interests with foreign investment attractiveness.

Hendra Parulian; Handar Subhandi Bakhtiar; Atik Winanti

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

Bankruptcy petitions in Indonesia are regulated under Article 2 paragraph (1) of Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU), which stipulates that a debtor may be declared bankrupt if they have at least two debts, one of which is due and collectible. However, this provision does not specify a minimum debt threshold as a requirement for bankruptcy, thereby creating a legal loophole that creditors may exploit by using bankruptcy as a mere debt collection tool. This raises concerns regarding the legal protection of debtors. This study aims to compare the bankruptcy laws of Indonesia and Malaysia, particularly with regard to the minimum debt amount requirement, and to evaluate whether the conditions for bankruptcy under the Indonesian Bankruptcy Law and PKPU provide legal certainty and adequate protection for debtors. The research employs a normative juridical method using statutory, conceptual, and comparative approaches. The findings indicate that the current provisions in Indonesia are no longer aligned with present-day needs and are prone to abuse. Unlike Malaysia, which stipulates a minimum debt amount, Indonesia has yet to regulate this matter explicitly. Therefore, a reformulation of Indonesia's bankruptcy law is necessary to ensure fairness, prevent misuse, and provide balanced legal protection for all parties, especially debtors.

Maryanto Maryanto; Handar Subhandi Bakhtiar; Muthia Sakti

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

The comparison of health law between Indonesia andMalaysia covers critical aspects of the healthcare system that influence the quality of life of their citizens. This study primarily focuses on occupational health and safety (OHS) for healthcare workers. According to global data, Malaysia has a better healthcare system compared to Indonesia, as reflected in its higher ranking on the Health Care Index. In Indonesia,health law regulations often undergo changes and revisions,such as the enactment of the Omnibus Law, which consolidates various health sector regulations. However, this has raised concerns about the diminishing legal protection for healthcare workers. In contrast, Malaysia presents a more structured system, with the integration of health and labor institutions through the Department of Occupational Safety And Health (DOSH), which ensures better workplace safety and clearer standards. This research adopts a descriptive qualitative approach by analyzing legal documents such as Law Number 17 of 2023 on Health in Indonesia and the Occupational Safety and Health Act in Malaysia. The Malaysian approach is more preventive and promotive in nature, differing from Indonesia’s curative-dominated model. The study aims to compare the legal health regulations of both countries, assess their implementation effectiveness, and offer policy recommendations based on best practices applied inMalaysia to improve the quality of healthcare services inIndonesia. The findings reveal that although Indonesia has significant potential in the health sector, weak regulation implementation and supervision remain major obstacles. Therefore, a more structured and efficient regulatory reform is needed to enhance legal protection for healthcare workers and improve health services.

Tedy Irawan; Yohana Dea Aulidya Sitorus; Dwi Maulida Khasanah; Dian Ayu Wahyu Nurhidayati

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

Children are a vulnerable group frequently subjected to sexual violence, whether in the form of physical abuse, psychological harm, or sexual exploitation such as pornography and prostitution. This study aims to analyze the effectiveness of legal regulations in providing protection for children against sexual violence crimes. The research is motivated by the high rate of sexual violence against children in Indonesia and the suboptimal implementation of existing regulations in ensuring justice and safety for victims. The research method used is a normative juridical approach with descriptive-qualitative analysis through the study of national laws, international conventions, and relevant literature. The findings reveal that although Indonesia has enacted regulations such as Law Number 35 of 2014 and ratified the Convention on the Rights of the Child, their implementation still faces challenges including social stigma, insufficient legal support for children, and bureaucratic delays. This study concludes that legal protection for child victims of sexual violence must be strengthened through regulatory reform, institutional capacity building, and synergy between the state, society, and local communities.

Ferda Ria Angelina; Tri Andrisman; Fristia Berdian Tamza

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

This research analyzes the legalization of abortion for rape victims in Indonesia from a human rights perspective, based on Law Number 36 of 2009 concerning Health and Government Regulation Number 61 of 2014 concerning Reproductive Health. The study aims to identify the forms of legal protection for rape victims who undergo abortion and to evaluate the extent to which its implementation aligns with human rights principles, particularly the rights to health, security, and dignity. Using a normative legal research method with a literature review, this study found that existing regulations have provided a legal basis for abortion in rape cases as a form of protection. However, its implementation still faces significant obstacles such as social stigma and limited access, which potentially hinder the fulfillment of victims' human rights.

Ragil Putri Pinaring Gusty

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

The state's efforts to provide accurate and up-to-date population data for various development needs, such as planning policies and public services, are known as the implementation of population administration. Due to the large number of people living in big cities, many non-permanent residents have not been officially registered. This is due to difficult procedures, lack of legal knowledge, and limited access to population registration services. The need to maintain the basic rights of every citizen, both permanent and non-permanent, and ensure orderly administration as part of national development is the basis of the policies used to manage population administration. By ensuring proper data collection, accurate recording, and legal protection for non-permanent residents, proper population administration is expected to be an important tool to reduce the negative impacts of urbanization, especially in the city of Surabaya. This study aims to determine how population administration for non-permanent residents in the city of Surabaya is implemented in the context of urbanization and to suggest more reasonable and efficient policies. The results of the study, which was conducted using a qualitative approach by conducting literature research, in-depth interviews, and policy analysis, showed that simplifying registration procedures, increasing socialization, and increasing cooperation between related institutions are needed to carry out population administration for non-permanent residents.  

Nadiyatul Khairiah

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

Abortion is a contentious legal and moral issue, as it involves two equally important rights: the right to life of the fetus and a woman's right to bodily autonomy and reproductive health. Under Indonesian criminal law, abortion is generally classified as a criminal offense, as stipulated in the Criminal Code (KUHP). However, exceptions are recognized under specific conditions such as medical emergencies and pregnancies resulting from rape, in accordance with Law Number 17 of 2023 on Health. This study aims to examine the legal boundaries between prohibited and permitted abortions and to analyze the challenges of implementing these provisions in practice. The findings indicate that despite the existence of legal exceptions, implementation remains difficult due to complex procedures, limited facilities, and inadequate understanding among law enforcement and health workers. Therefore, clear technical regulations and cross-sectoral education are essential to ensure fair legal protection for both women and medical professionals.

M Arva Zada Subarkah; Dona Raisa Monica; Deni Achmad; Eko Raharjo; Refi Meidiantama

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

The rapid development of information and communication technology not only brings a positive impact on various aspects of life, but also gives rise to new forms of cybercrime. One of the criminal acts that is increasingly prevalent is the transmission of electronic information that violates morality and contains elements of extortion. The lack of optimal psychological support and legal assistance also worsens the impact experienced by victims. Therefore, strategic steps are needed both preventive and repressive in handling cybercrime. This study aims to thoroughly examine the forms of legal protection available to victims, both in terms of normative legal frameworks, implementation by law enforcement officials, and mechanisms for restoring victims' rights through normative and empirical juridical research methods, as well as interviews with related parties.

Fauziah Lubis; Tazkiya Asri Syam; Liza Fauzanti Sagala; Anggina Elsa Ritonga; Lusi Febriani +1 more

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

This study aims to analyze the legal remedies for denial of default in the civil procedural law system in Indonesia. The main problem raised is how the denial mechanism can provide legal protection for defendants who are not present at the trial, and how the application of denial in judicial practice is related to the principle of fair and speedy trials. The background of this study is based on the phenomenon of many civil cases being decided by default due to the absence of the defendant, which then leads to the submission of denial as a means of protecting the defendant's rights. The research method used is normative juridical with a statutory approach and case studies. Data were obtained through a literature study of laws and regulations, court decisions, and relevant literature, and analyzed qualitatively. The results of the study indicate that denial is an important legal right for defendants to defend themselves against unilaterally imposed decisions. However, in practice, the implementation of denial is often hampered by administrative factors, the defendant's ignorance of their rights, and different interpretations by law enforcement officers regarding the deadline for submitting denial. Therefore, it is necessary to strengthen regulations and socialize the mechanism of verzet so that the principle of justice in the civil trial process can be realized optimally.    

Angga Prastyo Wibowo; Muhammad Zulfikar Amien

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

The purpose of this research is to analyze the legal protection of the constitutional rights of communities affected by the C excavation mine in Sukolilo, especially the importance of protecting community rights and effective law enforcement so that people can avoid the negative impact of mining. So it is necessary to emphasize the importance of this research in providing recommendations for improving regulations or policies that protect communities in mining-affected areas. This research is descriptive research using a qualitative approach with a type of descriptive research aimed at solving problems in the present. This research will examine the constitutional rights of communities in the area of C excavation mining activities, in the Sukolilo area of Pati Regency. The data collection in this research is collected through literature study. This method aims to obtain a strong theoretical foundation and understand the development of relevant recent research, so that the analysis carried out can be more comprehensive and supported by credible scientific references. The formulation of the problems raised are: (1) How are the constitutional rights of people affected by C excavation mining activities in the Sukolilo area of Pati Regency, (2) How are the responsibilities of local governments and mining actors in providing legal protection and guaranteeing the constitutional rights of the Sukolilo community affected by C excavation mining. The results of this study indicate.

Taufik Hidayat Lubis; Hepy Krisman Laia

Proceeding of the International Conference on Law and Human Rights 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

According to Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, a marriage is considered valid if it is conducted according to the laws of the respective religion and beliefs. Marriage is not merely a physical union but also an emotional bond, and fundamentally follows the principle of monogamy. In the legal framework of marriage, state protection—particularly for wives and future children—can only be guaranteed if the marriage is consciously conducted in accordance with Law Number 1 of 1974, which includes the requirement that the marriage be officially registered under applicable laws and regulations.If a marriage is not registered, the state cannot provide legal protection concerning marital status, joint property, inheritance, and other rights arising from the marriage. To establish a wife’s rights, it must first be proven that a legal marriage exists between her and her husband. One legal consequence of an unregistered marriage is that neither the wife nor any children from the marriage have the right to claim support or inheritance from the husband. Islamic inheritance laws allocate shares specifically to blood relatives.Unregistered marriages—often called sirri, kiyai, or syar’i marriages—are conducted according to religious rules or customs but are not registered with the Marriage Registrar. In Chinese customary law, property acquired during marriage is influenced by a patrilineal kinship system, where the wife’s status is governed by the husband’s family law. Generally, the husband, as head of the household, controls all marital property and has absolute rights to use it without needing the wife’s consent, including in transferring joint property.

Yeni Vitrianingsih

Jurnal Pengabdian Kepada Masyarakat 2025 Pusat Riset dan Inovasi Nasional

Every citizen has the right to get a job. Meanwhile, the work that is necessary for people to live a decent life for humanity is a job that pays enough and does not cause accidents or diseases. Law on Health No. 17 of 2023 Law No. 1 of 1970 on Occupational Safety: This law is the legal basis for the implementation of K3LH in Indonesia. Law No. 13 of 2003: Article 88 paragraph (1) of this Law states that every worker has the right to protection for occupational safety and health.  Permenaker No. 5 of 1996: This regulation regulates the K3 Management System. Meanwhile, getting enough wages in jobs in our country is very difficult and the weak protection of workers, especially regarding freelance daily workers, has not received much attention in the government's observation. Legal protection plays a crucial role in ensuring that K3 coaching runs effectively and sustainably. This includes regulations that require K3 training, the appointment of competent K3 officers, and incident reporting. The main challenges include ineffective supervision and low legal awareness. A robust legal framework, including K3 training, certification, and auditing standards, is essential to encourage investment in quality coaching. Strict law enforcement against K3 violations is also vital to minimize accidents and occupational diseases.

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.

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.