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Rahman, Novia Salsabila Ayuni; Abdul Basit; Ezza Padmaratri; Firza Agung Prakoso

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study evaluates the legal perspective concerning business competition in Indonesia regarding alleged abuse of dominant power in the competition between digital platforms TikTok Shop (including the acquisition of Tokopedia) and Shopee. The method applied is normative juridical with a case study approach, referring to Law Number 5 of 1999, particularly Articles 19–21 related to market control and Article 20 concerning below-cost selling practices. The analysis focuses on inter-platform integration, aggressive discount strategies, use of cross-platform data, as well as post-acquisition behavior that may hinder healthy competition. The assessment is conducted by considering market structure, business actors' behavior, and law enforcement efforts by the Business Competition Supervisory Commission (KPPU). Research findings indicate that although TikTok Shop has strong competitiveness following the acquisition, proving the existence of abuse of a dominant position requires meeting legal and economic provisions rigorously. Therefore, the implementation of conditional approval and remedial measures by the KPPU is considered a reasonable step to maintain a healthy business competition environment in the digital era.

Pangeran M S Sitorus

Pemuliaan Keadilan 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The development of the modern business world is marked by the increasing complexity of legal relationships between business actors, involving various entities with close economic and operational interconnections. This condition creates challenges in civil dispute resolution, especially when default occurs in multi-party business agreements. This study aims to analyze the application of the joint and several liability (tangung renteng) legal construction as a business dispute resolution mechanism in the Decision of the North Jakarta District Court Number 833/Pdt.G/2024/PN Jkt.Urr. This research uses normative legal research methods with statutory, conceptual, and case approaches. The legal materials used consist of primary legal materials in the form of legislation and court decisions, as well as secondary legal materials in the form of legal books and journals, which are analyzed descriptively-analytically. The results show that the panel of judges applied the joint and several liability construction not only based on formal contractual relationships, but also on the factual and economic interconnections between the parties, such as the receipt of benefits, operational integration, and the commingling of assets between the business entity and its management. The application of this construction proves effective in expanding the basis of liability and guaranteeing the recovery of creditor's rights. However, the decision also shows limitations in proving commercial immaterial losses, which are still bound by strict civil evidence standards. This study concludes that the joint and several liability construction can be an important instrument in resolving multi-party business disputes, but clearer jurisprudential guidelines are needed to ensure legal certainty and consistency of its application in the future.

Ido Pranata Nainggolan

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Micro, Small and Medium Enterprises (MSMEs) play a strategic role in the Indonesian economy, but still face significant obstacles in intellectual property rights protection, particularly patents and trademarks. This study aims to analyse the legal aspects of patent and trademark registration for MSMEs based on the Indonesian legal framework, with a focus on the implementation of Law No. 28 of 2014 on Copyright and related intellectual property regulations. The research method uses a normative legal approach with a literature analysis of legislation, scientific journals, and the latest statistical data. The results of the study show that the level of patent and trademark registration by MSMEs in Indonesia is still very low, with only 2.3% of MSMEs having registered their trademarks in 2023. The main obstacles include limited legal understanding, high registration costs, complex administrative procedures, and a lack of socialisation. This study recommends simplifying regulations, subsidising registration costs, improving legal education, and strengthening synergy between the government, academics, and MSME actors to improve the protection of intellectual property rights in the MSME sector in Indonesia.

Anselina Florence Felicia Dado; Rudepel Petrus Leo; Deddy R. CH. Manafe

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study aims to analyze the factors causing the differences in legal treatment and their implications on the principles of equality before the law, legal certainty, and the principle of legality. The method used is empirical legal research with a juridical-sociological approach. This study involves case studies, interviews with law enforcement officers and victim advocates, as well as an analysis of regulations and court decisions. The results indicate that the differences in legal treatment are caused by the application of subjective detention requirements in the Criminal Procedure Code (KUHAP), law enforcement discretion, differing legal interpretations between prosecutors and judges, the quality of legal assistance for defendants, and social pressures and societal dynamics. The impact of these differences is the failure to achieve substantive justice, weakening legal certainty, and declining public trust in the criminal justice system. This research has significant academic urgency as it contributes to the development of the enforcement of laws regarding Human Trafficking (TPPO), emphasizing the need for consistency, transparency, and the protection of victims' rights in the application of criminal law.

Oktaviana Viska Viera; Aksi Sinurat; Deddy R. Ch. Manafe

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study aims to analyze the considerations of the judge in the decision of the Kupang District Court No. 81/Pid.Sus-TPK/2022/PN Kpg and the legal implications of the application of Article 3 of the Corruption Eradication Law. This research uses a normative legal method with a statutory and conceptual approach. The results show that the application of Article 3 of the Corruption Eradication Law in this case is incorrect, as the defendant is not a public official and does not have authority over the management of state finances or assets. It was also found that there was a misapplication of the law (error in juris), an error in determining the subject of the law (error in persona), and an inaccuracy in the object of the case (error in objecto). This study concludes that the case is more appropriately classified as an administrative error by state apparatus rather than a corruption crime. Academically, this research reinforces the distinction between administrative law and criminal law regarding corruption. Socially, this research emphasizes the importance of legal certainty protection and the prevention of criminalization of civil society. This study provides an important contribution to the development of legal theory, as well as the protection of individual rights in the context of criminal law.

Fitri Angraini; Sindi Rahayu; Desinta Bella Irwana

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Local government budget management is a crucial element in regional governance, as it directly impacts accountability, transparency, and efficiency in public service delivery. To support effective regional financial management, the Indonesian Government has established the Government Internal Control System (SPIP), as stipulated in Government Regulation Number 60 of 2008. This study aims to examine the role and practical implementation of SPIP in regional budget management through a case study of the Regional Financial and Asset Management Agency (BPKAD) of Dumai City. Using a qualitative case study approach, this study analyzes regional financial documents, audit reports from the Regional Audit Agency (BPKAD), as well as laws and regulations and internal policies governing SPIP implementation. The results indicate that SPIP has been implemented in BPKAD Dumai City throughout the budget management cycle, from planning and implementation to reporting and accountability. However, its implementation has not reached an optimal level due to constraints such as limited leadership commitment, inadequate human resource capacity, and suboptimal internal oversight mechanisms. Therefore, improving SPIP implementation is a strategic step to realize accountable, transparent, and performance-oriented regional financial governance.

Meissa Fahdilla Yodha Pramita; Nevada Salsabillah; Fadila Andini Syahputri; Wildan Taufik Raharja

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to evaluate the implementation of civil servant discipline enforcement based on Surabaya Mayor Regulation Number 44 of 2022 at Gubeng Subdistrict. The research employs a qualitative approach with a case study design. Data were collected through in-depth interviews, observation, and document analysis, and analyzed using the interactive model of Miles and Huberman within the Context–Mechanism–Outcome (CMO) framework. The findings indicate that the regulation has generally improved civil servant discipline, particularly in attendance, punctuality, administrative compliance, and public service quality. This improvement is supported by organizational context factors such as daily work culture, active leadership, and the integration of digital attendance systems. Key mechanisms driving compliance include layered supervision, persuasive coaching, and the gradual application of disciplinary sanctions. However, challenges remain, including high workloads and limited human resources, which require continuous guidance for certain employees. The study concludes that the effectiveness of civil servant discipline enforcement is largely shaped by the interaction between organizational context and policy implementation mechanisms.

Salman Al Farisi, Salman Al Farisi; Sri Puji Ningsih; Arda Fairuzaki, Arda Fairuzaki; Novita Mayasari, Novita Mayasari; Salman Nurfarizi, Salman Nurfarizi

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid advancement of artificial intelligence (AI) in the digital age offers substantial benefits by enhancing efficiency and productivity. Nevertheless, these developments also pose significant challenges to the protection of human rights. Issues such as privacy violations, algorithmic bias, discrimination, and opaque automated decision-making highlight the need for a strong integration of ethical values and legal frameworks in the use of AI. This study applies a normative legal method supported by literature-based research to examine the existing regulatory frameworks and the ethical principles underpinning them. The findings indicate that ethical principles such as transparency, accountability, fairness, and human-centeredness serve as essential moral guidelines to prevent AI misuse. Meanwhile, legal rules ensure certainty, establish accountability mechanisms, and provide sanctions for violations. The synergy between ethics and law forms a crucial foundation to ensure that technological innovation aligns with the protection of human rights, upholds human dignity, and supports the creation of a safe and just digital environment

Euis Maesaroh; Intan Sukmawati; Kanisa Sabila; Sitta Khairunnisa

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia guarantees the right of every person to live in a good and healthy environment, while Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia affirms the principle of sustainable and environmentally friendly development as the basis for natural resource management. These constitutional norms are implemented through Law No. 32 of 2009 concerning Environmental Protection and Management, which requires every business activity to prevent any pollution and/or environmental damage. In addition, through Law Number 11 of 2020 concerning Job Creation as amended by Law Number 6 of 2023, there have been significant changes in the business licensing system and environmental protection instruments, including the integration of environmental approval into risk-based business licensing as regulated in Articles 22 and 23. In the context of oil palm plantations in Sumatra, these changes in norms have legal implications for the fulfillment of business actors' legal obligations in environmental protection and management. This study aims to analyze the impact of oil palm plantation exploitation in Sumatra from an environmental law perspective, particularly in relation to legal violations based on the normative framework of applicable laws and regulations after the enactment of the Job Creation Law.

Laily Purnawati; Helsa Adnanda Satria Cahya; Erik Wijaya; Yongki Ainun Ikhsan; Andri Wahyudi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Flood disasters are recurring hydrometeorological hazards that significantly impact social, economic, and environmental conditions in Tulungagung Regency. This study aims to analyze the flood disaster mitigation communication strategies implemented by the Regional Disaster Management Agency (BPBD) of Tulungagung Regency and to identify the roles, challenges, and implications of both internal and external communication in flood disaster management. The research employed a qualitative approach using a descriptive method. Data were collected through in-depth interviews with the Secretary of BPBD Tulungagung Regency, the Head of the Emergency and Logistics Division, the Head of the Prevention and Preparedness Division, and members of flood-affected communities. The findings reveal that BPBD Tulungagung Regency has attempted to optimize disaster communication during the pre-disaster, emergency response, and post-disaster phases. The effectiveness of these communication efforts remains limited due to several challenges, including inadequate communication infrastructure, varying levels of disaster literacy among community members, diverse geographical conditions, and insufficient coordination in internal and external communication. Pre-disaster communication plays an essential role in improving community preparedness, communication during emergency response supports timely and accurate decision-making, and post-disaster communication contributes to recovery processes and the strengthening of community resilience. This study concludes that optimizing disaster communication requires integrated information systems, improved human resource capacity within BPBD, and active community participation through community-based communication approaches to sustainably enhance resilience to flood risks.

Khoirul Huda; Andre Selamat Sinaga; Dinda Ratulangi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The development of Islamic political thought cannot be separated from the historical context and social dynamics surrounding it. One significant period that influenced the direction of this thought is the era of Western colonialism in the 19th to early 20th centuries. During this period, much of the Islamic world was under Western colonial rule, which had a profound impact on the social, political, and intellectual conditions of Muslims. Within the Muslim community itself, various internal issues related to religious understanding arose, causing difficulties in facing the dominance and hegemony of the West. Islamic political thought became one of the fields of study in political science, which is not only relevant today but also gained attention during the classical Islamic period. This study is highly significant, both in the development of knowledge and as a framework for political practice. Therefore, it is important to study Islamic political thought, as it provides deep insights into political dynamics and Islam’s contribution to shaping existing political systems, as well as offering perspectives that are useful in facing contemporary global challenges.

Risma Fernanda Syafi’iyah; Siti Nur Afifah; Zahwa Sabila Nurul Lailiyah; Selly Salsabila; Mohammad Iqbal +1 more

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Digital copyright piracy remains a growing legal issue in Indonesia alongside the rapid development of information technology. This practice not only causes economic losses to creators and copyright holders but also reflects a gap between legal norms and social realities. This study aims to analyze legal protection for digital copyrights and to assess the effectiveness of Law Number 28 of 2014 on Copyright. This research employs a normative legal method using a library research approach by examining statutory regulations and relevant academic literature. The findings indicate that although Indonesia has established an adequate legal framework for copyright protection, its implementation remains ineffective due to low public legal awareness, weak law enforcement, and challenges in monitoring digital platforms. These findings emphasize that effective copyright protection requires not only comprehensive regulations but also synergy between the government, law enforcement authorities, and the development of a strong legal culture within society.

Anisa Dwi Asmaranti; Eva Hany Fanida; Meirinawati; Trenda Aktiva Oktariyanda

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Digital transformation in public service delivery encourages government to implement service innovations that are effective, efficient, transparent, and accountable. This transformations is realized through the adoption of innovations capable of responding to public needs in a timely and accurate manner to improve service quality. The Regional Civil Service Agency of East Java Province developed the Rumah ASN Application as a digital-based personnel service innovation to support the needs of civil servants of the East Java Provincial Government and the general public. This study aims to analyze and describe the implementation of the Rumah ASN Application as an innovation in personnel services at the Regional Civil Service Agency of East Java Province. This research employs a qualitative descriptive. The analytical framework is based on the public sector process innovation theory proposed by Khodadad-Saryazdi (2022), which consists of seven key success factors: strategic alignment, governance, leadership, culture, information technology and information system, process actors, and performance evaluation. Data were collected through interviews, observations, and documentation. The findings indicate that the implementation of the Rumah ASN Application has generally been conducted well, but it has not yet reached optimal. Challenges identified for optimizing this service including the needs for continuous user socialization during system updates, optimization of service features for civil servant capacity building, strengthening administrative capacity and cross-sectoral coordination, and the developing the application into a mobile application version.

Natasya Salsabila Pramudita; Eva Hany Fanida; Meirinawati; Trenda Aktiva Oktariyanda

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The majority of Kebomas District's residents are connected to working hours during government office hours (Monday through Friday), which creates access obstacles in administering public services due to the high population density and busy community life. In response to these time constraints, the SOS MAS (Service On Saturday in Kebomas District) invention was introduced, which offers services on Saturdays. However, the implementation of this innovation still faces challenges in the form of a low social integration rate and a restricted range of public services that have the potential to sway public opinion. The goal of this research is to assess how the SOS MAS innovation affects community happiness in Kebomas District. A quantitative technique with an associative approach is used in this research. Through an unintentional sampling method, questionnaires were given to 86 individuals in order to gather primary data. With the aid of SPSS, the determinant coefficient and a simple linear regression test were used to analyze the data. The study's findings reveal that the SOS MAS invention has a favorable and substantial influence on community happiness. The regression coefficient of 0.969 and a significance level of 0.000 <0.05 support this. The innovation variable accounted for 59.7% of public happiness, while the remaining 40.3% was impacted by variables not included in the study model, according to the coefficient of determination (R2) test. This result supports the notion that the efficacy of service innovation outside of working hours is a major element in boosting happiness for individuals with limited time. The SOS MAS innovation has been shown to greatly improve public satisfaction. Agencies are encouraged to improve their communication and outreach efforts as well as create SOS MAS innovations that maximize the advantages of innovations that meet community needs.

Ismi Lailatul Maulida; Ahmad Heru Romadhon

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Contemporary digital advancements have significantly impacted the manner in which individuals engage in economic activities, as evidenced by the rising volume of online transactions. While offering convenience and efficiency, electronic transactions also provide numerous legal challenges, especially regarding seller defaults, including delayed delivery, goods that do not conform to the agreement, or sellers failing to meet their duties post-payment by consumers. This scenario may result in consumer losses, necessitating sufficient legal certainty and protection. This study seeks to analyze the legal regulations pertaining to contracts and defaults in digital platform transactions and to evaluate the types of legal liabilities that may be placed on sellers. This study employs normative legal research, focusing on legislative and conceptual approaches, and utilizes primary, secondary, and tertiary legal materials as data references. The study's findings reveal that seller liability regulations in electronic transactions are defined in the Civil Code, the Consumer Protection Law, and the Law on Electronic Information and Transactions. Nonetheless, its execution has several challenges, especially concerning evidence and the efficacy of law enforcement measures. Consequently, it is imperative to enhance the function of marketplaces and establish more adaptive legislative frameworks to guarantee consumer protection and restitution for losses in online commerce.  

Azeria Diazpitaloka Putri Sulistyono; Meirinawati Meirinawati; Eva Hany Fanida; Trenda Aktiva Oktariyanda

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Public transportation plays an important role in supporting community mobility and accelerating regional economic growth. To improve public transportation services in East Java, the East Java Provincial Transportation Agency introduced the Trans Jatim Bus system. However, its implementation still faces several challenges, including long bus arrival times, the use of mobile applications that are difficult for elderly users, and inconsistencies in the availability of supporting facilities such as seating and trash bins at bus stops. This study aims to analyze the quality of Trans Jatim Bus services based on the service quality dimensions proposed by Wirtz and Lovelock. The research employs a descriptive qualitative approach. Data were collected through interviews, observations, and documentation, and analyzed using stages of data collection, data reduction, data presentation, and conclusion drawing. The findings indicate that reliability has not met service standards due to prolonged waiting times. Responsiveness and assurance were found to meet service standards, as passengers expressed satisfaction with service responses and complaint handling. Empathy was considered adequate, although accessibility issues for elderly passengers remain. Tangible aspects were also sufficiently met, but inconsistencies were found in the provision of seating and trash bins at several bus stops. Based on these findings, the study recommends increasing the number of buses on corridor 2, evaluating bus schedules, conducting public awareness campaigns, and ensuring the consistent provision of seating and trash bins at all bus stops to improve overall service quality.

Farras Zakia Rahman; Rangga Andi Yoga; Dwi Imroatus Sholikah

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Contemporary defense and security challenges now come from both non-military threats (such as cyber attacks, disinformation campaigns, and economic pressure) and military threats (traditional armed force). These often operate in the gray zone, meaning actions are taken below the threshold of armed conflict as defined under international law. This situation signals the rise of modern armed conflict, which is growing more intense and causing a crisis in International Humanitarian Law (IHL) enforcement. This study aims to describe modern armed conflict and its challenges to IHL. The research used a normative juridical approach and analyzed statutes. Legal materials reviewed included various international legal instruments, which were examined qualitatively and normatively. The results show that modern armed conflict challenges International Humanitarian Law with non-linear conflicts (conflicts with unclear frontlines or participants), proxy actors (groups acting on behalf of states), and cyber threats or propaganda. Therefore, IHL should be updated to include more comprehensive regulations

Rio Herdy Saputra; Dinda Anisa Septiani Putri; Riska Ayu Sekarsari; Adrian Yan Permana; Masitha Tismananda Kumala

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In Indonesia, maritime safety remains a problem. Ship captains and ship owners often disregard maritime safety standards, particularly for fishing vessels. Provisions for criminal liability for domestic fishing vessels that fail to meet maritime safety standards are an important legal instrument for regulating and enforcing maritime safety regulations in the fisheries sector. Failure of vessels to comply with safety requirements, such as the completeness of safety equipment, engine condition, and vessel structure, can potentially lead to accidents that endanger the lives of crew members and negatively impact the marine environment. This study uses a normative research method with a legislative approach. This article focuses on examining aspects of criminal liability, including the subjects, objects, and legal sanctions imposed for violations of maritime safety standards. The results indicate that perpetrators of violations can be subject to criminal sanctions in the form of fines, detention, and even revocation of vessel operating permits, taking into account human rights and environmental protection. Effective and synergistic law enforcement between relevant authorities is essential to provide a deterrent effect, encourage compliance with safety standards, and improve the system for the sustainability of marine resources.

Amalia Solikha; Peni Nurmaliza; Rahayu Sri Utami

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Corporate crime in the natural resources sector is a legal phenomenon that has a broad impact on state finances and public interests. This article analyzes the legal case of tin trade corruption involving PT Timah Tbk, a state-owned enterprise managing a strategic commodity. This study aims to examine the construction of corporate crime and the legal implications of state financial losses arising from deviant trade practices. The research method used is normative legal research with a juridical-analytical approach through a review of laws and regulations, legal doctrine, and relevant legal facts. The results of the study indicate that tin trade corruption is a systemic corporate crime integrated into the company's policies and business mechanisms, so that criminal liability cannot be limited to individuals alone. The resulting state losses are multidimensional, including fiscal losses, loss of potential revenue, and violations of the principle of state control over natural resources. This study emphasizes the importance of strengthening corporate criminal law enforcement to maintain the integrity of state-owned enterprises and protect state interests.

Effan Sebastian Barus; Aswin Rifky Novanta; Febrianti siregar; Arsyad Laksmana Pulungan; Rayhan sinaga +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This research examines criminal law policy in handling special narcotics crimes and their social impacts on Indonesian society. Narcotics crime constitutes an extraordinary crime that threatens public health, security, and social resilience. Therefore, the state implements criminal law policies through penal and non-penal approaches regulated in statutory provisions, particularly the Narcotics Law. This research aims to analyze the effectiveness of criminal law policies in combating narcotics crimes and to examine the social impacts arising from the implementation of such policies. The research method used is normative legal research employing statutory and conceptual approaches. The findings indicate that criminal law policies in narcotics control still face various challenges, including ineffective law enforcement, prison overcapacity, and social stigma against narcotics users. The social impacts are not only experienced by offenders but also affect families and the wider community. Consequently, criminal law policies that prioritize restorative justice, rehabilitation, and preventive measures are urgently needed to reduce negative social impacts and to ensure sustainable protection for society in Indonesia.