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Rini B. A. Silitonga; Hulman Panjaitan; Paltiada Saragi

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

Protection of well-known trademarks is a crucial aspect of intellectual property systems, especially in the face of global trade dynamics and the development of digital technologies. This study aims to analyze the effectiveness of legal protection for owners of well-known trademarks from the perspective of court decisions in Indonesia. Using a qualitative method based on a normative juridical approach and case studies of court rulings (including the Hugo Boss and Superman cases), this research reveals that trademark protection in Indonesia remains reactive, dependent on litigation, and has not fully prevented the registration of confusingly similar trademarks by parties acting in bad faith. Moreover, the absence of objective standards for defining well-known trademarks and indicators of bad faith weakens legal certainty. On the other hand, courts have begun to show consistency in rejecting trademark registrations that violate the principles of well-known trademark protection, although this has yet to be supported by an adequate administrative system from the Directorate General of Intellectual Property (DJKI). The study recommends the establishment of technical regulations, strengthening DJKI’s capacity, and integrating protection systems with international norms as strategic steps to reinforce legal protection for owners of well-known trademarks in Indonesia.

Noor Izzati Amelia; Vichi Novalia; M. Riyas Rasyid; Lisnawati Lisnawati

Qawaid al-Fiqhiyyah are fundamental principles in Islamic law that serve as guidelines for establishing legal rulings, including in the context of marriage registration. Although, in Islam, the validity of a marriage is determined by the fulfillment of its pillars and conditions, marriage registration becomes crucial in state law to ensure legal certainty and provide protection for married couples and their children. The application of fiqh principles such as "Harm must be eliminated" and "Preventing harm takes precedence over obtaining benefits" indicates that marriage registration is necessary to prevent various legal and social issues. Furthermore, this registration aligns with the principle of maslahah (public benefit) in Islamic law, which aims to safeguard the rights of spouses and their offspring. Therefore, although marriage registration is not a requirement for a valid marriage in Islam, from a legal and public welfare perspective, it plays a highly significant role.

Valensi Aliya Zahira

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

Nasab is a fundamental concept in Islam that determines a child's relationship with the father, which then affects guardianship rights, inheritance, and family relationships. The preservation of lineage is one of the main objectives of Maqāṣid sharia because it has significant legal, social, and moral implications. Constitutional Court Decision No. 46/PUU-VIII/2010 recognizes the civil relationship between an extramarital child and his biological father if it can be proven by technology or other valid evidence. This decision is in accordance with the concept of nasab in Islam but is not recorded by the state. This study examines the concept of nasab and civil status of out-of-wedlock children in Constitutional Court Decision No. 46/PUU-VIII/2010 from the Maṣlaḥah perspective. Using a juridical-normative approach and descriptive analysis, this research is based on sources, including court decisions and legislation, as well as secondary literature discussing Maṣlaḥah. The results show that the decision is in line with the concept of Maṣlaḥah in Islam. The suitability of the Constitutional Court's decision with the concept of maslahah is based on the status of the applicant's marriage as religiously valid. Decision No. 46/PUU-VIII/2010 is not appropriate when used as jurisprudence for children born outside a legal marriage or can be called adulterous children.

Putri Areta Arzety Sinaga; Yesi Nabila Putri; Vanesia Vanesia

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

Advocates are one of the main pillars in the justice system that have a strategic role as law enforcers, human rights defenders, and guardians of justice. However, amidst high public expectations for the integrity and professionalism of advocates, various serious challenges have emerged, one of which is the practice of corruption that can damage the dignity of this profession. This article aims to examine the position of advocates as enforcers of justice from the perspective of professional ethics and the potential for involvement in corruption. Using a normative legal approach, this article analyzes the legal basis and code of ethics of advocates, as well as real case studies as an empirical illustration.      

Rubby Aziz Zaura Kamal; Iqbal Abdul Azis; Vivi Firda Silvia; Lina Marlina

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Islam, as a perfect religion, teaches the values of honesty, justice, and transparency in various aspects of life, including economics and business. The prohibition of Tadlis (fraud in transactions), Ihtikar (hoarding goods for unfair profit), and Ghulul (corruption or betrayal of public trust) has been emphasized by Prophet Muhammad (PBUH) to protect society from harmful economic practices. This study aims to analyze the 2025 Pertamina corruption case from the perspective of Islamic prohibitions against Tadlis, Ihtikar, and Ghulul. This research employs a qualitative approach using a case study method, relying on secondary data from scholarly journals, news articles, and other relevant literature. The findings reveal that the corruption case reflects Tadlis through the manipulation of fuel quality information, Ihtikar through unfair price control, and Ghulul through the misappropriation of public funds, resulting in state losses amounting to trillions of rupiah and eroding public trust in the government. The study highlights that corruption is not only a violation of state law but also a moral crime that contradicts Islamic principles. The application of Islamic legal values, such as Ta’zir sanctions in the form of fines, asset confiscation, and severe punishments, can serve as preventive and repressive measures against corruption. Thus, this study aims to contribute to strengthening anti-corruption policies based on Islamic ethics while promoting transparency and justice in national economic governance.

Dina Gita Prianti

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The increase in the PPnBM rate to 12% in Law 7/2021 on Luxury Goods is a fiscal reform strategy to increase state revenue and control the consumption of luxury goods. This policy aims to broaden the tax base and reduce socio-economic inequality. From a legal perspective, its implementation must uphold the principles of justice, legal certainty, and protection of taxpayer rights. Clear derivative regulations, transparent implementation, and strict supervision are needed to prevent abuse. This paper analyzes the policy through normative and conceptual approaches of tax administration law and fiscal economics.

Eka Putri, Sabila; Rahmi, Atikah

Jurnal Riset sosial humaniora, dan Pendidikan (Soshumdik) 2025 LPPM Universitas 17 Agustus 1945 Semarang

This study aims to determine the criminal act of verbal sexual harassment from the perspective of the community in the XII hamlet, gg. Mentimun 19, Percut Sei Tuan and students of the Muhammadiyah University of North Sumatra. This study uses an empirical legal method. This study also explains the laws governing the criminal act of verbal sexual harassment with the sanctions received by the perpetrators. In this study, data was obtained that the general public aged 40 years and over considered verbal sexual harassment not a serious matter that must be followed up by law in accordance with applicable laws, while students and people aged 20-30 years considered verbal harassment as a criminal act of harassment that must be followed up with legal sanctions in accordance with applicable laws. One of the factors causing cases of sexual violence is gender inequality in society. Women are often targeted because their position is not equal to men. Thus, gender equality is not only a basic right, but can be the key to changing the dynamics of sexual violence. For this reason, important steps are needed to realize gender equality and justice as an effort to prevent sexual violence.

Munawir Saharuddin; Mahsyar Mahsyar

jurnal Riset Rumpun Agama dan Filsafat 2025 Pusat Riset dan Inovasi Nasional

The irfani approach in the study of Islamic law is a method that integrates spiritual experience, intuition, and moral values in understanding and applying legal principles. This research aims to explore the relevance, implications, and challenges of the irfani approach within the context of Islamic law in Indonesia. By employing normative juridical analysis and literature study, this study finds that the irfani approach enriches the understanding of Islamic law by linking it to contemporary issues, such as social justice, environmental protection, and human rights. This perspective encourages a more holistic and ethical interpretation of legal principles, moving beyond rigid textual analysis. Furthermore, this research highlights the potential harmonization between Islamic law and customary law (adat law) in Indonesia. This integration can create a more inclusive, culturally adaptive, and community-responsive legal system, which aligns with Indonesia's pluralistic legal landscape. However, challenges remain in the widespread acceptance and implementation of the irfani approach. Resistance often arises from scholars and institutions that prefer conventional, textual, and rationalistic approaches to Islamic law, perceiving the irfani method as subjective or lacking legal rigor.Despite these challenges, strengthening education, scholarly dialogue, and interdisciplinary engagement between Islamic law scholars, legal practitioners, and policymakers can foster a greater appreciation for the ethical and spiritual dimensions of Islamic law. By incorporating mystical insights and moral considerations, the irfani approach has significant potential to contribute to the evolution of Islamic law in Indonesia, ensuring its relevance, inclusivity, and adaptability in addressing the complex challenges of modern society.

Hildatul Insyiroh; Nynda Fatmawati Octarina

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

A signature is a signature that represents a symbol as a result of a statement or a statement, a product whose development has been very rapid, and has become increasingly popular, an information technology and electronics company which is increasingly popular. With that, the Ellektronilk transaction was born and the use of ElleKtronilk's signature process as an aspect human error. So from iltul pelrlul pelnyelsulailan dulnila dilgiltal telrkailt konselp cybelr notary in ellelktronilk transactions. Ilnil research examines the effectiveness of ellelktronilk's signature in the notary cybelr concept meldnulrult prelsfelktilf pelrmeln komilnfo number 11 of 2022 and implements the research meltodel yulrildils normilvel yailtul sulatul development towards hulkulm problems from the perspective of the US implementation of legal regulations that are valid, article 15 paragraph (3) UlUlJN which regulates that notaries There are also other laxities that are regulated in the regulation of regulations. One of them is the ability to sell transactional financial assets carried out through e-Notary (el-Notary) which ultimately results in deeds of ilkrar, waqf and airplane mortgages. Telrbult legal regulations can be taken from UlUl ILTEl as a legal stand to support the implementation of el-Notary in carrying out electronic transactions. The ability to complete an Otelnilk deed as well as to sign it personally as a legal agreement between Common Law and Civil Law Notaries, between Cybelr Notary and Ellelktronilk Notary. The three things that have been developed have resulted in a formalized renewal strategy produced in a complete, reliable, reliable and safe system through a collaborative strategy developed by several companies or companies using the company's technology team. telmul, selkalilguls' harmony and practice in carrying out the position of notary in Ilndonelsila. The resulting conclusion is that Ellektronilk's signature strength in the notary cybelr concept in the Pelrmeln Komilnfo prelsfelktilf number 11 of 2022, still has no strong legal strength.

Nurmayani Nurmayani; Siti Zahara; Cinta Febby Dewita; Indri Wahyuni; Putri Khairi Izwani +1 more

jurnal Riset Rumpun Agama dan Filsafat 2025 Pusat Riset dan Inovasi Nasional

Divorce is a complex social phenomenon with significant impacts on families, especially children. In Islamic law, divorce is permitted as a last resort when household life cannot be maintained, although it is considered the most hated lawful act by Allah. This study analyzes divorce from the perspective of Islamic family law, focusing on the causal factors, legal impacts, and preventive measures. The main factors of divorce include disharmony in relationships, economic problems, the presence of a third party, and domestic violence. The legal impacts include child custody, division of property, and maintenance obligations, which are often not fulfilled by the ex-husband, causing inequality in legal protection for women and children. Recommended preventive measures include premarital education, family counseling based on Islamic values, and strengthening mediation institutions such as BP4. This study uses qualitative methods with literature analysis to provide a comprehensive understanding of divorce in Islamic law and its implications in Indonesia.

Nurmayani Nurmayani; Andin Livia Siagian; Dianra Azriany; Eka Guspi Anti Siregar; Gita Citra Tama +2 more

Jurnal Riset Rumpun Ilmu Pendidikan 2025 Lembaga Pengembangan Kinerja Dosen

This article explores recent developments in reproductive technology, particularly in vitro fertilization (IVF) and the use of surrogate wombs. It also examines the implications of both methods, particularly in legal, ethical, and religious terms. IVF and surrogate wombs offer solutions for couples facing infertility issues. However, both also carry significant challenges in social and moral dimensions. Using a descriptive approach, this article analyzes various perspectives on the practice, including the Islamic view that generally allows IVF with certain conditions but rejects the use of surrogate wombs. The findings of this study reveal that although reproductive technology offers new hope, it is important to adjust regulations to align with legal, medical, and religious values. Thus, the implementation of this technology can be carried out wisely and humanely.  

Sulaiman T.H; Abalaka, J.N; Ajiteru,S.A.R

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

This study uses a qualitative methodology and secondary source data to investigate election cheating and its impact on Nigeria's democratic consolidation. It will be examined using historical and content analysis. examination. Nigerian democracy's progress has been severely hampered by election tampering. According to the report, e-election holds enormous promise and might be the solution to voter fraud in Nigeria's electoral system provided it is properly deployed and funded. It starts by looking at the constitutional, legal, and theoretical underpinnings of electronic voting. Second, it examines the real-world obstacles to the adoption and deployment of an electronic voting system in Nigeria by learning from other countries. Nigeria's elections have fallen short of expectations thus far because of a variety of electoral manipulations that have prevented the nation from holding legitimate, free, and fair elections within her political system. In addition to undermining Nigeria's democratic consolidation, election cheating has breached the fundamental human right (right to lives) of a large number of Nigerians. This essay offers some crucial suggestions that could solve the issues of election tampering and explain how those actions can support the need for a democratic atmosphere, which is a need for free and fair elections.

Sulthanah, Miska Yusri; Ginting, Rehnalemken

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

The rapid development of technology has led to a transformation in gambling practices, shifting from physical establishments to online platforms. However, law enforcement in Indonesia continues to struggle with multiple challenges in addressing this issue. This research aims to assess the enforcement of online gambling laws based on Lawrence M. Friedman’s legal system theory. It focuses on how legal structure, legal culture, and legal substance interact in the enforcement process.  The findings demonstrate that, first, in terms of legal substance, existing regulations are not yet fully effective in combating online gambling. Second, from the perspective of legal structure, law enforcement agencies face persistent challenges in combating online gambling. Third, from the perspective of legal culture, public legal awareness remains relatively low.

Theo Gorand Gabrielo Sihite; Maya Shafira; Fristia Berdian Tamza

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

Illegal trafficking of protected wildlife is an activity that is a threat to the survival of wildlife, Illegal trafficking categorized as a crime against wildlife includes: intentionally capturing, storing, possessing, maintaining, transporting and trading protected animals in a living condition. The problem in this thesis is what is the basis for the judge's legal considerations in passing a verdict against the perpetrator of the crime of trafficking in protected wildlife of the Siamang species in Decision Number: 134 / Pid.B / LH / 2023 / Pn Kla? is the judge's decision in imposing the sentence in accordance with substantive justice?, The research method used is normative and empirical juridical, The data used is primary and secondary data, data collection with literature studies and interviews. While data processing through the stages of data examination, data selection, data classification, and data systematization. The data that has been presented in the form of a description, discussed and analyzed descriptively qualitatively, to then draw conclusions. Based on the results of the study, it is known that the consideration of the Judge in Decision Number: 134 / Pid.B / LH / 2023 / Pn Kla in deciding the criminal case of trade in protected wildlife species of siamang, the Judge in Decision Number: 134 / Pid.B / LH / 2023 / Pn Kla related to the criminal act of trade in siamang species of wildlife considered the legal, sociological, and philosophical aspects according to Ahmad Rifai's theory. The legal aspect includes the sufficiency of evidence and the fulfillment of the elements of Article 40 Paragraph 2 in conjunction with Article 21 Paragraph 2 of Law No. 5 of 1990 concerning the Conservation of Natural Resources and Ecosystems. Sociologically, the judge sees the impact of the defendant's actions on society and the environment. From a philosophical perspective, punishment is seen not as revenge, but an effort to educate the defendant not to repeat his actions. Finally, the judge sentenced him to 1 year and 4 months in prison and a fine of Rp25,000,000, subsidiary to 1 month in prison if the fine is not paid. The suggestion is that the government, law enforcement and stakeholders are expected to increase education to the community, especially around national parks/protected forests, not to trade in protected animals. This is important to prevent similar crimes and maintain the existence of protected animals in their habitat.    

Sulis Fauziah

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article discusses how the independence of the judiciary is based on the Constitutional Court Decision. The obligation of a state of law or rechstaat is the independence of the judiciary. In the concept of Rule of Law and Rechstaat, a state of law is obliged to place a free and impartial judiciary against anyone. The judiciary is also called the broadest possible independence, this is meant as a sign of a good state of law. Independence is usually considered as protection from irresponsible actions. Therefore, in accordance with the mandate of Article 24 paragraph (1) of the 1945 Constitution, it is necessary to explore the roots of the independence of the judiciary. The opinion of the Constitutional Court itself regarding the decisions that make this Article a kind of test for the judicial review carried out by the Constitutional Court which should be properly discussed and raised as an interpretation of the meaning of the independence of the judiciary. This article discusses the judge's perspective on the decision of the Constitutional Court which discusses the independence of the judiciary. The writing of normative juridical uses a conceptual approach and a case approach. Secondary data is used in this article, and the main legal source is the Decision of the Constitutional Court. Data were analyzed using a qualitative approach.

Fitria Wahyu Ningrum

Nikah siri is a marriage conducted without official state registration, resulting in significant legal implications for women and children. Religiously, this type of marriage is considered valid; however, from the perspective of state law, the lack of official registration causes women to lose their rights as wives, such as financial support, inheritance rights, and legal protection within the household. Additionally, women in nikah siri marriages do not have a strong legal basis to file for divorce or claim their rights in court. Meanwhile, children born from nikah siri marriages only have a civil relationship with their mother, making it difficult for them to obtain a birth certificate that includes their father's name, inheritances, and rights to care and education from their father. This study aims to analyze the impact of nikah siri on women's and children's rights from a legal perspective and examine the role of itsbat nikah as a legal instrument in providing certainty and protection for affected women and children. This research employs a literature study method with content analysis of various legal texts and related regulations. The findings indicate that the absence of official registration for nikah siri leads to legal uncertainty, resulting in the loss of various rights for women and children. Itsbat nikah serves as a crucial solution to provide legal recognition and protection for those affected. Therefore, official marriage registration is essential to prevent various legal issues that could harm women and children within Indonesia’s legal system.

Ade Sathya Sanathana Ishwara

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

The concept of restorative justice which emphasizes the recovery of victims as well as community participation is appropriate to be applied at the village level as an effort to create a village based on restorative justice. This study aims to formulate the idea of ​​a village based on restorative justice by involving community participation. This research is a normative legal research with a concept and statutory approach. The results of the study show that a village orientation based on restorative justice is intended to optimize the role of non-litigation dispute resolution in village communities. From a progressive legal perspective, a village based on restorative justice is a village with the aim of maintaining social harmony in resolving disputes in society. Therefore, the formation of Village Regulations is important as a guideline for implementing the concept of restorative justice in village communities.

Aldo Yanuarto; Alvianur Alvianur; Aji Santoso; Muhammad Syahbintang Maesa Putra; Dody Wahyudi +4 more

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

The archiving of case documents that have obtained permanent legal force (inkracht) at the State Administrative Court (PTUN) of Banjarmasin is a crucial aspect of judicial administration, serving to maintain the accuracy of legal documentation while supporting transparency and accountability within the judicial system. This process includes the recording, storage, and disposal of documents in accordance with applicable regulations, as stipulated by the Supreme Court and national archival regulations. From the perspective of Public Administration Theory, archival management must be conducted systematically and based on regulations to enhance the efficiency and effectiveness of judicial services. Meanwhile, according to the Theory of Judicial Transparency and Accountability, information openness in archival management plays a significant role in building public trust in the judiciary. Although PTUN Banjarmasin has implemented an archiving system that complies with established standards, challenges in the digitalization of archives remain an obstacle, particularly in terms of technology optimization and human resource readiness. Therefore, strengthening digital-based archival systems and enhancing judicial administrative capacity are strategic measures to improve document management efficiency, reduce the risk of loss or damage to physical archives, and reinforce judicial transparency and accountability.

Syarifah Shafira

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Constitutional Court (MK) Decision Number 90/PUU-XXI/2023 has attracted attention in Indonesian legal studies because it is related to the constitutionality test of the 1945 Constitution of the Republic of Indonesia (UUD 1945). The validity of this Constitutional Court Decision, when analyzed through the lens of legal realism, can be understood as the result of a compromise between the law as a norm that must be obeyed and the changing needs of society. Social factors, such as pressure from community groups or public opinion, play a significant role in influencing the Constitutional Court's decision. In this case, the Constitutional Court is tasked with interpreting the constitution in a broader context, which includes responses to socio-political dynamics and developing community aspirations. The legal realism perspective provides an understanding that the validity of the Constitutional Court Decision Number 90/PUU-XXI/2023 does not only depend on the text of the constitution, but is also influenced by developing socio-political dynamics. The Constitutional Court's decision reflects the interaction between legal norms and existing social conditions, with the Constitutional Court functioning as an institution that responds to social demands.

Astrid Dyah Ernanda; Masayu Putri Salsabila; Naifa Naifa; Daiva Kirana Albitya

Jurnal Relasi Publik 2025 International Forum of Researchers and Lecturers

Consumer protection has been enforced through the regulation set forth in Law No. 8 of 1999 on Consumer Protection (UUPK). Skincare in Indonesia has experienced rapid growth in recent years, alongside an increase in public awareness of the importance of self-care. However, this rapid growth has also brought about new challenges, particularly related to the phenomenon of overclaim in skincare. Overclaim refers to exaggerated claims about a product or service to attract consumers. This can lead to uncertainty among consumers and potentially undermine trust in skincare products. This study aims to identify this phenomenon, analyze its impact on the market and consumers, and evaluate the effectiveness of existing regulations to enhance transparency and trust in the skincare industry in Indonesia. The research is conducted using normative legal research methods, with a legislative approach, and is analyzed descriptively. It is expected that the findings of this study will provide insights for the Indonesian public and minimize the actions of skincare owners engaging in overclaim practices.