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Lusia Lestina Halawa; Mira Sukma; Evlin Limbong; Wahjoe Pangestoeti

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

The transformation of public governance has encouraged a paradigm shift in public service delivery, from an administrative and procedure-oriented approach toward a citizen-centered and value-based model. In this context, public sector marketing has emerged as a strategic instrument to enhance service quality, institutional image, public participation, and trust. This study aims to examine the contemporary implementation of marketing strategies and planning in the public sector, with particular attention to their effectiveness and contextual relevance. The research adopts a qualitative descriptive approach through a systematic literature review of selected scholarly publications addressing public sector marketing, strategy implementation, digital governance, and public service management. The findings indicate that public institutions increasingly apply marketing principles not as commercial activities, but as mechanisms for creating public value through strategic communication, digital engagement, institutional branding, and stakeholder collaboration. However, the effectiveness of implementation varies across organizations and is strongly influenced by leadership capacity, human resources competence, organizational culture, and technological support. The study also reveals that public sector marketing strategies must be adapted to social, cultural, and institutional contexts, as private-sector models cannot be directly transferred. Theoretically, this study strengthens the positioning of marketing as an integral component of public governance. Practically, it provides insights for public organizations to develop contextual, responsive, and sustainable marketing strategies to improve public service performance and trust.

Aviessita Mar'ah Nuruttamami; Rumawi Rumawi; Udiyo Basuki; ST. Sariroh; Sukron Mazid +4 more

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

This study discusses the legal problems faced by tobacco farmers in Sukorejo Village, Kotaanyar District, Probolinggo Regency due to the closure of large tobacco warehouses that force them to depend on middlemen. This condition causes legal uncertainty, an imbalance in the bargaining position, and alleged violations of the principle of healthy business competition, thus having a direct impact on the economic sustainability of farmers. The focus of this research is to describe the practice of business competition and its impact on tobacco farmers and explain the form of legal protection from the perspective of business competition law and sharia economic law. The research method used is empirical law with a sociology approach to law and legislation, through observations, interviews, and documentation from farmers, middlemen, and factories. The results of the study show that there is dominance of middlemen in cooperation with large factories so that farmers lose freedom in determining prices. This condition does not reflect the principles of fairness and transparency in business competition. Legal protection is still weak because there is no regulation of the basic price or a definite buying and selling mechanism. In the perspective of sharia economic law, the practice violates the principles of al-adl (justice) and al-amanah (honesty). In conclusion, preventive legal protection is needed in the form of price regulation and the establishment of marketing cooperatives, as well as repressive protection through law enforcement against unfair business competition practices.

Kadek Esa Pratiwi Ngurah Putri

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

The ever-changing and rapidly developing fashion trends have created a consumer culture among global society, driven by social media and digital marketing. Excessive consumption of clothing not only fulfills personal needs but also becomes an indicator of social status. As a result, the textile industry has experienced rapid growth, contributing significantly to the economy, especially in countries such as Indonesia and Vietnam. However, textile production uses energy sources that are not environmentally friendly, producing greenhouse gas emissions that have negative impacts on the environment, such as global warming and climate change. Indonesia and Vietnam, as one of the developing countries that rely on industry as a profitable sector, act as the largest contributors of emissions in Southeast Asia. Indonesia and Vietnam face major challenges in reducing environmental impacts while maintaining economic growth. Efforts to reduce greenhouse gas emissions are an important priority for long-term sustainability. The implementation of clear, firm and targeted regulations plays an important role in enforcing rules that can protect the environment from perpetrators of destruction by the industrial sector.

Novita Dwi Indriani; Mangihut Siregar

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

This kind of research can reveal a purpose, namely to be able to carry out an analysis of the important role of the government together with the community in realizing policies to combat corruption of village funds. It is necessary to understand that village funds have been made one of the government's priority programs in order to increase the level of prosperity of rural communities and village development through the Village Law. Therefore, the purpose of this study is to identify policy solutions provided by the government and the community to prevent corruption of village funds. This study utilizes a literature study method through a qualitative approach that can be used to assess the role of the government and the community in implementing policies to combat corruption of village funds as an effort to uphold the integrity of the village administration system. Meanwhile, the research data sources obtained came from secondary data, which included the collection of scientific journals in the last five years, reading books in the last ten years, reports in the mass media, and government regulations. The findings of this study describe that the Corruption Eradication Commission (KPK) has identified several loopholes that are often exploited by village officials in misappropriating Village Funds. Then there were 98 cases of corruption that caused the state to lose up to Rp. 37.2 billion. This creates an urgency for the government and the community to play a role in creating village regulations that are capable of overcoming corruption of village funds.

Mangihut Siregar; Novita Dwi Indriani

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

The culture of patronage is a key characteristic of Indonesian political dynamics, having developed from the pre-colonial era to the contemporary democratic era. Despite decentralization and political reforms in Indonesia, patronage practices persist through relationships between political elites, bureaucracy, business actors, and communities, particularly at the local level. This study analyzes patronage using Pierre Bourdieu's Social Practice Theory framework, which emphasizes the interaction between habitus, capital, and the arena as factors shaping social practices. The method used is descriptive qualitative research with data collection techniques through desk studies, which allows researchers to examine various academic literature to build a comprehensive conceptual analysis. The research findings indicate that internalized political habitus, the accumulation of economic, social, cultural, and symbolic capital, and a competitive local political field are key elements in perpetuating patronage. Patronage is not merely a transactional political practice, but a social structure that is continuously reproduced and impacts the politicization of bureaucracy, the strengthening of oligarchy, power inequality, and the vulnerability of the poor to political manipulation. This research confirms that efforts to strengthen democracy in Indonesia require transformation of the political habitus of society, bureaucratic reform, and restrictions on the dominance of economic actors in the political arena to break the entrenched patron-client chain.

Tamaaulina Br. Sembiring; Zavfirah Alya; Sinta Grace Ika Sianturi

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

Family disputes over inheritance are a common social and legal issue in Indonesian society, often leading to long-term conflicts and even legal battles. This situation is influenced by the complex legal system of inheritance in Indonesia, which is pluralistic and includes Western civil law, Islamic law, and customary law. It is further complicated by social, cultural, economic, and psychological factors among the heirs. This study aims to analyze the causes of family disputes in inheritance distribution and examine the role of law in providing certainty, fairness, and benefits for all parties involved. The research method used is normative legal research with a jurisprudential approach, through the study of relevant legal regulations, legal doctrines, and court decisions. The findings show that inheritance disputes are generally caused by unfair distribution of assets, differing interpretations of law, conflicts between customary law, religious law, and national law, as well as poor communication and lack of transparency within the family. Therefore, resolving inheritance disputes requires not only the enforcement of law in a normative manner, but also non-litigious approaches such as mediation, family consultation, and increased legal awareness to maintain family harmony and legal certainty.  

Endah Lakona Sitakar; Muhammad Amar Adly

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

The prohibition of proposing to a woman during her ‘iddah period constitutes an Islamic legal provision that is firmly grounded in the normative foundations of the Qur’an and fiqh. This provision aims to preserve the clarity of lineage, protect women’s dignity, and maintain order within the legal framework of marriage. This article examines, from a normative perspective, the prohibition of proposing to a woman during her ‘iddah according to the Shāfi‘ī school of law. The study employs a normative legal research method with a qualitative approach through library research, drawing upon the Qur’an, hadith, and authoritative (mu‘tabar) Shāfi‘ī fiqh texts. The findings indicate that the Shāfi‘ī school strictly prohibits explicit proposals to women during all types of ‘iddah, including ‘iddah resulting from revocable divorce (ṭalāq raj‘ī), irrevocable divorce (ṭalāq bā’in), annulment (fasakh), and death. As for indirect proposals (ta‘rīḍ), they are permitted only for women whose ‘iddah is not accompanied by a right of reconciliation, such as ‘iddah due to death and ‘iddah of ṭalāq bā’in, while remaining prohibited during ‘iddah raj‘ī. This legal ruling reflects the prudence of the Shāfi‘ī school in preventing the occurrence of invalid marriage contracts and affirms the function of ‘iddah as an instrument of Islamic legal regulation rather than merely a biological waiting period.

Riu Zaldi Siregar; Uswatun Hasanah

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

This study examines the legal provisions regarding interfaith marriage in Indonesia from the perspective of Islamic law and national law. The focus lies on the differences and points of convergence between the two legal systems in assessing the validity of marriages conducted between couples of different religions. This research employs a library research method with a normative-comparative approach, analyzing primary sources such as the Qur’an, Hadith, the Compilation of Islamic Law (KHI), Law Number 1 of 1974 on Marriage, as well as relevant court decisions. The results show that Islamic law explicitly prohibits interfaith marriage, particularly between a Muslim woman and a non-Muslim man, as it contradicts the principles of faith and the objectives of marriage in Islam. Meanwhile, national law through Law Number 1 of 1974 stipulates that a marriage is valid only if conducted according to the laws of each religion and belief, which implicitly rejects the legality of interfaith marriage. In practice, however, some individuals seek legal loopholes through human rights interpretations or by registering their marriages abroad. Therefore, both Islamic and national law share the same goal: to preserve the sanctity of marriage and maintain social harmony based on the divine values upheld by the Indonesian nation.

Husnul Furqon; Muhammad Amar Adly

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

This article examines in depth the concept of protecting human dignity through the regulation of gaze and physical contact among mahram according to the Shafi‘i School of Islamic law. From an Islamic perspective, the preservation of dignity (ḥifẓ al-‘irḍ) occupies a highly fundamental position as part of the objectives of Islamic law, particularly in regulating social relations and family interactions. Although mahram relationships legally allow closer interaction, Islam continues to establish ethical boundaries to safeguard purity and moral values. This study is a normative legal research employing conceptual and normative-fiqh approaches, relying on primary sources such as the Qur’an, the Prophetic traditions (hadith), and classical as well as contemporary Shafi‘i jurisprudential literature. The findings indicate that the Shafi‘i School does not regard mahram relations as a sphere of absolute and unrestricted freedom, but instead provides clear regulations concerning gaze and physical contact. Visual interaction is permitted in a limited manner, restricted to certain parts of the body and subject to the condition that it does not provoke desire or potential moral temptation (fitnah). Meanwhile, physical contact is regulated more strictly and, in principle, is only permitted in situations of legitimate shar‘i necessity, such as medical treatment or emergency circumstances. Therefore, the regulation of gaze and physical contact among mahram in the Shafi‘i School functions as an instrument for protecting human dignity, preserving the sanctity of family relationships, and preventing behavioral deviations from an early stage.

Dwi Nuha Nabilah; Siti Nurlaila; Suci Aulia; Nurmala Sari

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

This study analyzes the effectiveness of installed supervision (Waskat) by the Sub-district Head on the performance of employees at the Bukit Kapur District Office, Dumai City, in the midst of the demands of public service accountability. The background involves local bureaucratic challenges such as resource constraints and employee resistance. Using a qualitative approach with field observation for two weeks (15-29 December 2025), including in-depth interviews with 5 employees and 2 community informants, plus data triangulation from attendance records and performance reports, it was analyzed thematically. The results revealed attendance increased to 95%, absenteeism decreased by 2%, and work output increased from 50 to 65 permit documents each week. Quotes such as "Direct supervision motivates me" (Employee A, 2025) affirm the preventive role of Waskat, despite obstacles such as over-tasking, in line with Fauzan (2024) on civil servant governance. The discussion highlighted Waskat as a tool for local bureaucratic reform. This conclusion affirms the effectiveness of Waskat in improving performance, recommending humanistic and digital adaptation. Policy implications for local governments, with suggestions for future studies using a larger sample.

Syabdha Alamsyah; Sri Astutik; Noenik Soekorimi

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

This research examines the effectiveness of narcotics crime investigation by the Narcotics Investigation Unit (Satuan Reserse Narkoba) from the perspective of Indonesia's Criminal Procedure Code (KUHAP) and related legislation. The study also analyzes the juridical-normative obstacles encountered during investigation processes, along with potential solutions under Indonesian positive law. As an extraordinary crime, narcotics offenses require precise and legally sound investigation methods. However, investigative practices often face challenges due to inconsistencies between legal norms and field implementation, limited resources, and the absence of clear regulations on special investigative techniques such as wiretapping and controlled delivery. This normative legal research employs statutory and conceptual approaches, analyzing primary legal materials including Law Number 8 of 1981 (KUHAP), Law Number 35 of 2009 on Narcotics, and various implementing regulations. The findings indicate that narcotics investigations are not yet optimal due to weak technical regulations, disharmonized laws between KUHAP and the Narcotics Law, overlapping authority between the Police and the National Narcotics Agency (BNN), and a lack of protection for whistleblowers and witnesses. The legal gap in regulating special investigation methods creates uncertainty in evidence admissibility. Proposed solutions include regulatory reform through KUHAP revision, improving investigator competence through specialized training, utilizing modern technology, strengthening inter-agency coordination, and enhancing internal and external oversight mechanisms. Legal reform and institutional synergy are essential to enhancing the overall effectiveness of narcotics investigations in Indonesia.

I Gde Sandy Satria

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

The application of a uniform pattern in center-periphery relations is frequently entrapped in a rigidity of uniformity that neglects the sociological and historical complexities of Indonesian society. This study aims to analyze the juridical construction of asymmetric decentralization within the framework of the Pancasila Rule of Law, as well as its implications for the management of diversity and national integration. Employing a normative legal research method with conceptual and statutory approaches, this study reveals that asymmetric decentralization is not merely an administrative deviation, but rather an imperative manifestation of substantive justice and the politics of recognition towards regional particularities. Although this policy has been effective in mitigating disintegration potential in special regions such as Aceh and Papua, its implementation leaves residual issues regarding sharp disparities in authority, potential legal fragmentation, and inter-regional jealousy. This study concludes that the sustainability of special autonomy necessitates a governance reconstruction that is not solely oriented towards temporary political accommodation, but must be coherently integrated with Pancasila values. The theoretical implications of this study underscore the necessity for harmonization between national legal supremacy and the flexibility of regional autonomy to foster sustainable social cohesion within the Unitary State of the Republic of Indonesia.

Ayu Suraya; Afrijal Afrijal

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

Corruption is an extraordinary crime that has multidimensional impacts on a country’s social, economic, and political life. In Indonesia, corruption cases not only cause financial losses to the state but also undermine public trust in the government and weaken the rule of law. This study examines the case of social assistance (bansos) corruption during the Covid-19 pandemic involving former Minister of Social Affairs, Juliari P. Batubara, who was proven to receive bribes from vendors providing social assistance amounting to tens of billions of rupiah. The study aims to understand the regulation of corruption under Indonesian law, the chronology of the bansos corruption case, and the criminal liability of the former Minister of Social Affairs. The analysis shows that this case not only caused financial losses to the state but also inflicted social suffering on the poor affected by the pandemic and reduced the government’s legitimacy. The prison sentence, fines, and obligation to pay state compensation imposed on Juliari affirm the principle of criminal accountability, while digital-based reform in social assistance distribution and multi-layered supervision serve as preventive measures to curb future corruption. This study emphasizes the importance of transparency, accountability, and strict law enforcement in combating corruption in Indonesia.

Prasetyo Wisnu Langgono; Hartoyo Hartoyo; Fitri Ayuningtyas

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

Phishing constitutes a form of cybercrime that continues to proliferate alongside the rapid advancement of information technology, causing significant impacts on data security and financial losses. This study aims to analyse the forms of criminal liability applicable to phishing perpetrators under Indonesian criminal law and to identify the challenges and solutions in its enforcement. The research employs a normative juridical approach utilising literature review methodology. The findings demonstrate that criminal liability for phishing perpetrators can be established through provisions in the Electronic Information and Transactions Law (ITE Law) as amended by Law Number 1 of 2024, the Indonesian Penal Code (KUHP), and related regulations. However, law enforcement faces numerous obstacles, including inadequate specific legal regulations, limited digital forensic technology, low public legal literacy, and cross-border jurisdictional barriers. In judicial proceedings, evidentiary processes are frequently hindered by the complexity of electronic evidence and the limited technical understanding among law enforcement officers. This study recommends regulatory reform, capacity building for human resources, international cooperation, and public education to strengthen the effectiveness of law enforcement against phishing crimes.

Chintia Permatasari; Noenik Soekorini; Vieta Imelda Cornelis

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

The right to health is a fundamental human right that remains inherent to prisoners. This study aims to examine the legal protection of prisoners' right to health care as regulated in Law Number 22 of 2022 on Corrections, as well as its implementation in correctional institutions. The research uses a normative juridical method with statutory and conceptual approaches. The findings show that Law Number 22 of 2022 formally guarantees prisoners' access to health services, including mental health care and special protection for vulnerable groups such as women, the elderly, and persons with disabilities. Key provisions in Articles 10, 11, 12, and 14 establish the state's obligation to provide adequate health services equivalent to community standards. However, in practice, the realization of this right faces several obstacles including: (1) overcapacity of correctional facilities exceeding 180% of ideal capacity, (2) limited medical personnel with many institutions lacking permanent doctors, (3) inadequate health facilities and medicine supplies, (4) complicated referral procedures causing delays in emergency treatment, and (5) insufficient budget allocation. Strengthening technical regulations, improving infrastructure, enhancing cross-sectoral collaboration, and implementing effective oversight mechanisms are essential to ensure effective protection of prisoners' health rights as mandated by the constitution and international human rights standards.

Endang Yulianingsih; Sri Astutik; Noenik Soekorini

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

This study aims to analyse the role of the Department of Manpower in providing protection to former Indonesian Migrant Workers (PMI) returning from abroad and to identify the challenges encountered in performing this function. This research employs a normative juridical approach using secondary data sources, including statutory regulations, scientific journals, and institutional reports from 2020 to 2025. The findings reveal that the Department of Manpower plays several key roles, including providing information and education, coordinating with related agencies, offering legal assistance, supporting social and economic reintegration, and monitoring non-procedural placements. These roles are firmly grounded in Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers and Government Regulation Number 59 of 2021. However, implementation remains constrained by inaccurate data, limited human resources and budget, weak institutional coordination, and suboptimal legal complaint services. Despite these challenges, efforts have been made through strengthening integrated services, staff training, public education, and the use of information technology. This study concludes that the protection of former migrant workers requires a holistic, participatory, and sustainable approach to ensure the fulfilment of their rights as mandated by law.

Moch Rafi Khadafi; Dudik Djaja Sidarta; Renda Anggraeni

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

The phenomenon of marriages between Indonesian citizens (WNI) and refugees represents a complex legal challenge due to the absence of specific regulations governing such relationships. This study examines the legal protection for Indonesian citizens who become victims of manipulative marriages by refugees, employing a normative juridical approach with statutory and conceptual methods. The research analyses primary legal materials, including the 1945 Constitution, Law Number 1 of 1974 concerning Marriage, Law Number 39 of 1999 concerning Human Rights, and Presidential Regulation Number 125 of 2016 concerning the Handling of Refugees from Abroad. The findings reveal that Indonesian national law does not specifically regulate marriages between Indonesian citizens and refugees or asylum seekers, creating a significant legal vacuum (rechtsvacuum) that renders such relationships vulnerable to abuse, violence, and legal uncertainty. Furthermore, the state's responsibility in protecting Indonesian citizen victims of manipulative marriages by refugees has not been optimally implemented, despite constitutional and juridical foundations requiring protection from all forms of violence, discrimination, and exploitation. The study recommends the formulation of specific regulations addressing marriages between Indonesian citizens and refugees, strengthening the role of victim protection institutions, and establishing inter-agency coordination systems, including international organisations such as UNHCR and IOM, to prevent abuse and strengthen law enforcement mechanisms.

Paulus Dominggu Soplanit; M. Syahrul Borman; Dedi Wardana Nasution

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

Oral loan agreements remain a prevalent form of contract in Indonesian society, particularly within familial relationships, friendships, and informal financial transactions. This study aims to examine the legal standing of oral loan agreements under the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata/KUHPerdata) and to analyse the evidentiary mechanisms applicable in cases of default (wanprestasi). This research employs a normative juridical approach, utilising secondary data sources comprising legislation, legal doctrines, and relevant court decisions. The findings indicate that oral loan agreements are legally valid and binding provided they satisfy the requirements stipulated in Article 1320 of the Civil Code, namely mutual consent, legal capacity, a specific object, and a lawful cause. However, the fundamental weakness of such agreements lies in the evidentiary challenges that arise during dispute resolution. In the absence of written documentation, proof of the agreement's existence and content must rely on alternative forms of evidence, including witness testimony, acknowledgement by the parties, bank transfer records, receipts, electronic communications, and circumstantial evidence as recognised under Article 1866 of the Civil Code and the Electronic Information and Transactions Law. The success of claims in default cases largely depends on the strength, consistency, and relevance of the evidence presented. This study concludes that while oral agreements possess full legal force, parties are strongly advised to document loan transactions in writing or secure supporting evidence to ensure greater legal certainty and facilitate effective dispute resolution.

Yuanita Mayangsari; Noenik Soekorini; Vieta Imelda Cornelis

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

Drug abuse constitutes a serious threat to public health, social stability, and national security. This study examines law enforcement mechanisms against drug abuse under Indonesian Law Number 35 of 2009 on Narcotics and evaluates preventive measures implemented to combat this phenomenon. Employing a normative juridical approach through a comprehensive literature review, this research analyses the implementation of both penal and non-penal approaches in addressing narcotics-related offences. The findings reveal that law enforcement practices predominantly emphasise punitive measures, despite legislative provisions accommodating rehabilitation for drug users. The dual approach integrating criminal sanctions with social and health services remains suboptimal due to institutional constraints, limited rehabilitation facilities, inadequate training for law enforcement personnel, and weak inter-agency coordination. Preventive efforts through education, family empowerment, school-based programs, community engagement, and media campaigns have been implemented but continue to face challenges, including social stigma and insufficient public awareness. This study recommends strengthening restorative justice implementation, expanding rehabilitation service capacity, and enhancing cross-sectoral collaboration to build societal resilience against drug abuse while ensuring that users receive appropriate treatment rather than mere criminalisation.

Firman Syah Permadi; M. Taufik; Sri Sukmana Damayanti

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

This research aims to analyze the criminal liability of perpetrators of fraud through bounced checks and the legal protection provided to victims. The study focuses on Decision Number 1698/Pid.B/2022/PN Sby, in which the defendant was found guilty of fraud under Article 378 of the Indonesian Criminal Code (KUHP). Using a normative juridical approach through literature study with statutory and conceptual approaches, the findings demonstrate that the panel of judges correctly applied the elements of fraud, including malicious intent (mens rea), the use of deception or a series of lies, and actual loss suffered by the victim. The judge's legal considerations have reflected the principles of legality, justice, and legal certainty in criminal law. Legal protection for victims can be pursued through both criminal and civil legal remedies, where victims may report to police for criminal prosecution under Article 378 KUHP and claim compensation through civil breach of contract lawsuits. Law enforcement against perpetrators is carried out through repressive and preventive criminal sanctions. This decision confirms that bounced check fraud is not merely a civil breach of contract but can be classified as a criminal offense when accompanied by malicious intent to deceive others.