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Fitra Sri Rahayu

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

In The Decision Number 465 / Pid.Sus/2021/PN JKT.SEL, efforts in legal settlement against victims of fraud committed by PT Grab Toko Indonesia have not been explicitly stipulated in the verdict. Despite this, legal protection can be seen through the judicial process that ensures that the defendant is sentenced according to the criminal offense he committed, based on the information and Electronic Transactions Law (UU ITE) which regulates criminal sanctions for online fraud perpetrators. This research was conducted by normative juridical method through literature study, with problem formulation, 1) What are the efforts in legal settlement that can be taken by victims to get compensation due to fraud committed by PT Grab Toko Indonesia? 2) How is the effectiveness of efforts to settle compensation for victims of PT Grab Toko Indonesia fraud in the perspective of legal justice?. The results of this study, efforts in legal settlement that can be taken by victims to obtain compensation due to fraud committed by PT Grab Toko Indonesia by filing a lawsuit through civil channels. Harm can also come from an unlawful act. Therefore, with the various legal settlement efforts contained in several laws and regulations, it is expected to accommodate and pay attention to the rights of the community, especially the victims and the Indonesian legal system in providing justice for victims of fraud has not been fully effective. Slow legal proceedings, high costs, and complicated procedures often hinder victims from getting redress. In fact, even if there is a court decision that punishes the perpetrator, the victim's right to compensation is not necessarily well realized. In addition, many victims face difficulties in concretely proving harm in court, which makes the legal process longer and more complicated.  

Andri Herman Setiawan; Firman Nurdiyansyah Sunandar; Ahmad Juaeni; Johannes Triestanto

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

This study examines justice in employment law from the perspective of legal philosophy, focusing on the relationship between employers and workers in Indonesia. Based on Article 27 paragraph (2) and Article 28D paragraph (2) of the 1945 Constitution, justice in employment relations is considered as one of the manifestations of human rights that must be guaranteed by the state. However, in practice, the imbalance in the bargaining position between employers and workers often creates injustice, especially in wages, job protection, and the fulfillment of basic workers' rights. Through a legal philosophy approach, this study analyzes the application of the concepts of distributive, commutative, and retributive justice in employment relations. The results of the study show that although employment regulations, such as Law Number 13 of 2003 concerning Employment, have attempted to create justice, their implementation still faces various obstacles, including weak supervision and bias towards economic interests. This study has theoretical benefits in deepening the study of legal philosophy related to justice in industrial relations, as well as practical benefits in providing recommendations for policy makers to improve employment regulations. Thus, this research is expected to be a foundation for creating fairer and more balanced working relationships in Indonesia.

Fitaria Bantara; Margareta Theodora Simatupang; Mera Terangta; Nicholine Nicholine; Reyane Dolimariz Putri Behuku

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The increase in phishing crimes during the COVID-19 pandemic has been influenced by various factors, including weak social control, lack of cybersecurity education, and technological disparities. This study aims to analyze the rise of phishing crimes from a criminological perspective, focusing on Social Control Theory and Differential Association Theory. Using a qualitative approach, this research examines how phishing offenders learn and operate within social groups. The findings indicate that phishing is not only motivated by financial gain but also intellectual satisfaction and organized criminal activities. Moreover, regulatory challenges persist, as existing laws such as the Electronic Information and Transactions Law (UU ITE) face enforcement limitations due to gaps in law enforcement capabilities. Strengthening cybersecurity awareness, enhancing digital literacy, and improving legal frameworks are crucial to mitigating phishing crimes. Future research should explore quantitative analyses of phishing trends and the effectiveness of policies in addressing cybercrime.

Dian Pratama; Eny Haryati; Dian Ferriswara

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

This study aims to describe and analyze: Governance of BUMDes based on reinventing local government. This study uses a qualitative approach with a multiple case study design. This research was conducted in three locations with BUMDes that have different levels of performance: BUMDes Tirta Mandiri (Ponggok Village, Klaten, Central Java): For example, BUMDes are successful. Sumber Rejeki BUMDes (Sumberagung Village, Jember, East Java): As an example of BUMDes with medium performance. BUMDes Tani Makmur (Sukorejo Village, Malang Regency, East Java): As an example of BUMDes that are still developing. The data obtained were analyzed qualitatively using the thematic analysis method. The stages of data analysis are as follows: (1) Data Collection (2) Transcription and Coding: (3) Thematic Analysis: (4) Data Triangulation. The results of the study show that BUMDes Governance based on local government reinventing includes Community Participation: Encouraging active community involvement in the decision-making process. Community participation in the management of BUMDes refers to four participations, namely (1) participation in planning, (2) participation in program implementation, (3) participation in assessment and evaluation, and (4) participation in the utilization of results. Transparency in governance refers to openness in providing information related to the management of BUMDes to the public. Document accessibility available, Complete and clear information, Open management processes, Regulatory framework that ensures transparency, Information written and communicated to stakeholders. Accountability in governance refers to legal accountability, process accountability, program accountability. BUMDesa innovation as a new idea aims to initiate, improve and improve community entrepreneurship. Innovation in products and services. Innovation in BUMDes includes the creation of new products, improving the quality of existing products, and developing services that are relevant to the needs of the community and the market. Service innovation includes improving ways of providing services that are faster, more convenient, or more in line with customer needs.

Rizca Aulia Ambarsari P.M; Syadifa Mesya Putri; Ernawati Ernawati; Sintong Arion Hutapea

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

The phenomenon of sea fencing in Tangerang's coastal areas has sparked various debates from legal, social and environmental perspectives. This action raises questions regarding compliance with the principles of international law of the sea, particularly the 1982 United Nations Convention on the Law of the Sea (UNCLOS), which regulates public access rights to waters. In the context of national law, regulations such as Law No. 32/2014 on Maritime Affairs and Law No. 1/2014 on the Management of Coastal Areas and Small Islands emphasize that public access to the sea must be managed in a fair and sustainable manner. This research aims to examine the juridical aspects of sea fencing using the approaches of international law of the sea and Indonesian national law. The method used is a literature study by analyzing various legal sources, scientific journals, and similar case studies in other countries. Descriptive-analytical analysis was conducted to assess the conformity of sea fencing with UNCLOS principles as well as its impact on the rights of coastal communities and the environment. The results of the study show that sea fencing in coastal Tangerang has the potential to violate the principles of UNCLOS 1982 and harm coastal communities who depend on the sea as a source of life. In addition, this action also risks causing ecological impacts that can disrupt the balance of the coastal environment. Therefore, stricter regulations and effective supervision are needed to ensure that marine area utilization policies remain in line with international and national law and do not harm the public interest.

Risky Sukoy Sitindaon; July Esther; Debora Debora

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

These studies aim to determine which rules apply to the criminal act of currency counterfeiting. According to this perspective, a unique regulation governing the flow and counterfeiting of rupee currency is necessary for the development and strengthening of the financial sector. Standard research methodology based on statutory regulations is the methodology used. To answer legal problems, this approach uses research methods that examine and analyze the law as a basis. This can be in the form of criteria, rules, principles, theories and other literature. The results of the study show that legal regulations are in place to deal with currency counterfeiting, the weaknesses lie in a lack of understanding and tools to detect them and a lack of coordination between society and related institutions as well as a weak understanding of the law in society.    

Ruth Nasya Mirachel Siregar; Zakki Adlhiyati

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

This research aims to analyze the legal status of marriage promises within the perspective of unlawful acts (PMH) according to the Indonesian civil law system, and to examine judicial considerations in determining legal liability and compensation in cases of marriage promise breaches in Decision Number 18/Pdt.G/2023/PN Mgg. This study employs a normative approach with a case study method. The findings demonstrate that breaking a marriage promise can be qualified as an unlawful act if it meets the elements of Article 1365 of the Civil Code (KUH Perdata), namely the presence of an unlawful act, fault, damages, and causality. In Decision Number 18/Pdt.G/2023/PN Mgg, the judge ruled that the breach of marriage promise resulting in material and immaterial losses can be sued as an unlawful act. The judge's considerations include analysis of evidence, causal relationships, and the impact of damages suffered by the plaintiff. This decision emphasizes the importance of legal protection for individuals harmed by marriage promise breaches.

Ansori Maulana; Yasmirah Mandasari Saragih; Tamaulina Br Sembiring; Amos Harita; Andi Gultom

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

Law has a regulatory and coercive nature, which means that everyone must obey the existing orders and prohibitions to maintain order and justice in society. The main purpose of law is to create order and justice. The legal research method is a way used to study legal rules and their application. This research is usually conducted with a scientific approach, namely looking for relevant data to answer existing problems. One method used is qualitative research, where researchers examine existing legal literature or sources to understand legal concepts more deeply. In legal research, there are two main approaches: first, studying the legal texts themselves normative studies, and second, seeing how the law is applied in society empirical approaches. These two approaches help us understand the law from a theoretical and practical perspective.

Amanda Christie

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

Climate change is a global challenge that is becoming more urgent for countries around the world to anticipate its negative impacts. Especially for archipelagic countries, including Indonesia, the impact of climate change such as rising sea levels cannot be underestimated because it leads to sovereignty issues. In the context of sovereignty, this research tries to analyze the impact of climate change on Indonesia's national sovereignty in relation to international law by focusing on three main topics, namely the perspective of international law on a country's maritime territory, the impact of climate change on Indonesia's sovereignty, and actions that can be taken to avoid the negative effects of climate change. The conclusion of this research shows that Indonesia is facing complex legal challenges in dealing with the impacts of climate change where international law has not provided arrangements related to the sovereignty of archipelagic states if climate change causes the islands that are part of the country to sink. However, advocating for the application of the principle of baseline permanence can help Indonesia protect its maritime interests in the midst of global climate change.

Sonia Desi Rahmawati; Zulkifli Andrian

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

This study will describe the legal character of the new Criminal Code in the perspective of legal politics, as for the problem in the research, namely how politics is very influential in producing a legal product. this research method uses normative legal research where in this case it examines legal issues and examines norms, as for what is studied in this study is the new Criminal Code Law. This research aims to answer how the politics of law on criminal law reform in indonesia and how the political configuration and legal character of the new Criminal Code. the conclusion of this research is the politics of law in the Criminal Code Update is the politics of criminal law, which is basically a form of policy that responds to the development of human thinking about crime. political configuration that has a major influence on the formation of rules. Legal products that are responsive in character, the process of making them is participatory, which invites as much community participation as possible through social groups and individuals in the community. In relation to the new Criminal Code, it is not responsive or democratic in nature, and it is also born through an authoritarian political configuration because of the lack of popular participation in its design.

Senja Ramadhika; Raditya Pramana Adiguna

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

Transboundary environmental pollution poses significant challenges in international law, particularly regarding state responsibility. This study examines the legal frameworks governing state liability for environmental damage that extends beyond national borders. The research explores key principles such as the "no harm" rule, due diligence obligations, and international liability mechanisms. Using a doctrinal legal research method, this paper analyzes landmark cases and international agreements, including the Trail Smelter Arbitration and the Paris Agreement. The findings highlight gaps in enforcement and the need for stronger compliance measures. This study contributes to the discourse on environmental governance by proposing legal strategies to enhance state accountability and cooperation in mitigating transboundary pollution.

Ronaldo Jhon Christiano Blegur; Rafael Rape Tupen; Hernimus Ratu Udju

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

The principle of democracy and justice in general election (electoral justice) is that community involvement is absolute. General elections are a means of people’s sovereignty which is carried out directly, generally, freely, secretly, honestly and fairly and must meet the principles as referred to in Law Number 7 of 2017 concerning elections. The main problemsin the results of this research are: (1) How to realize clean, democratic and digfinified legislative elections, from the perspective of Constitutional Law? (2) Will there be money politics in the implementation of the 2024 elections, and what is the role of Bawaslu in handling these problems?. This research is a normative legal research, supported by empirical legal research, so that the data sources used are secondary data sources, primary data sources. Secondary data sources are obtained through literature, laws, and other literature, and supported by primary data obtained from findings in the field. Data are analyzed descriptively-qualitatively. The results of this study indicate that: (1) The implementation of clean and democratic general elections according to Constitutional Law in East Nusa Tenggara uses independent independence, functional independence, personal independence, and the principle of equality. (2) The role of Bawaslu in handling political money actions in East Nusa Tenggara seems to be still very minimal due to the welfare factor of the community which is still far from good standards so that it is still very difficult to report perpetrators of political money. Suggestions: (1) The public should be more vigilant against prospective leaders who do not have a sense of responsibility by buying votes. (2) The government should be more assertive in its level of supervision so that prospective leaders who engage in political corruption (money politics) should be crossed off the list of prospective political participants.

Muhammad Rizqi Hidayah; Adika Pranata; Muhammad Rizki Simamora; Alfin Tambak; Mohd. Mozaed Al Farid Sitorus +1 more

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

This article examines various aspects related to khamar, including its linguistic meaning, definitions, impacts, and the Islamic legal perspective on it. In Arabic, khamar means something that conceals or covers, referring to intoxicating beverages that impair rational thinking. Scholars provide various definitions of khamar, encompassing intoxicants derived from fermented grapes and other substances. From an Islamic perspective, khamar is considered to have more harmful effects than benefits, affecting social, economic, and health aspects. Although the trade of khamar may provide worldly profits, it is deemed contrary to Islamic teachings due to its potential to promote immorality and corrupt morals. The impact of khamar consumption on minors is particularly damaging, affecting their physical and mental health as well as causing broader social repercussions. Islamic legal sanctions against the consumption of khamar emphasize strict prohibition to prevent its use, although specific worldly punishments are not elaborated upon. This study highlights that despite the financial advantages it might offer, the negative consequences of khamar far outweigh its benefits and should therefore be avoided for the well-being of society.    

Berliana Purwono Putri; Heru Sugiyono; Muthia Sakti

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

This research aims to analyze the mitigation of the risk of exploitation and violence against women Indonesian migrant workers in the informal sector as well as the responsibilities of the government and migrant employment agencies. Using the normative juridical method, this research examines relevant legal norms, such as the Indonesian Migrant Workers Protection Act, to evaluate the protection of women migrant workers' rights. Data is obtained from documentation of primary and secondary legal sources, analyzed using a feminist perspective to understand vulnerability factors and challenges in the feminization of migration. The results show that mitigating the risk of exploitation and violence against women Indonesian migrant workers in the informal sector includes preventive measures, such as pre-departure education, skills training, recruitment agency supervision, and legal empowerment. During the working period, protection is carried out through standardized work contracts, access to social protection, and bilateral cooperation, while post-work, economic and social reintegration is carried out through mentoring and entrepreneurship training. However, weak implementation of regulations, lack of oversight, and sectoral silos exacerbate the vulnerability of women Indonesian migrant workers in the informal sector to exploitation, discrimination, and rights violations. The responsibilities of the government and migrant employment agencies include legal protection at all stages of migration, from pre-departure recruitment, monitoring of working conditions, and post-employment reintegration programs to ensure that women migrant workers receive comprehensive protection through effective enforcement of employment contracts, legal aid, monitoring, and social reintegration. This research recommends improved regulation, pre-departure education, recruitment agency supervision, legal empowerment, and post-worker reintegration to reduce the risk of exploitation and violence against women migrant workers.

Nurmin K. Martam; Yayan Hanapi

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Underage marriage is a significant issue in various regions in Indonesia, including Owata Village, Bulango Ulu Subdistrict, Bone Bolango Regency. This study aims to examine the implementation of underage marriage from a juridical and sociological perspective. A qualitative approach with descriptive methods was used to understand the social, cultural, economic and educational factors that influence the phenomenon. The results show that the main factors that encourage early marriage include deep-rooted social norms and traditions, economic pressure, low access to education, and lack of understanding of the legal and health impacts. This practice often contradicts Law No. 16/2019, which sets the minimum age of marriage at 19 years. The consequences of underage marriage include negative impacts on reproductive health, increased risk of domestic violence, and barriers to education and careers. Therefore, comprehensive efforts through community education, economic empowerment, increased legal socialization, and more effective supervision are needed to reduce the practice of early marriage and protect children's rights. This research emphasizes the importance of synergy between the community, legal apparatus, and government to provide sustainable solutions.

Candra Husein Puji Putra; Ivan Widjaja; Abdul Rokhim

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

This research aims to analyze the potential legal conflicts arising from the mismatch between the employment contract of Government Employees with Work Agreements (PPPK) and the applicable regulations related to the appointment of school principals. The method used in this research is normative legal research with a statutory approach to examine related regulations. Data collection consists of primary legal materials from laws, secondary materials from legal journals, and tertiary materials as supporting references. The analysis used a qualitative normative method to interpret the data in a comprehensive legal context. The results show significant legal uncertainty regarding the status and rights of PPPK in strategic positions, especially in the school principal position. The inconsistency of regulations regarding tenure and legal protection for PPPKs creates potential conflicts that can affect their career stability and performance. Recommendations regarding legal harmonization and clearer regulations are proposed to ensure legal certainty and protection for PPPKs in strategic positions.

Nayla Utami Yasin; Nirwan Junus; Julius T. Mandjo

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The purpose of this study is to find out about the legalization of underage engagement from the perspective of civil law in Indonesia. The type of research used in compiling this study is normative legal research by taking an approach that includes community legal norms and forms of legal norms contained in laws and court decisions. Furthermore, by conducting a hierarchical analysis of the synchronization between one rule and another. The results of the study indicate that the legalization of underage engagement from the perspective of civil law in Indonesia where during the engagement period the two prospective brides and grooms are not yet allowed to have a relationship as a relationship between a husband and wife, the prospective bride and groom in principle still have the same relationship with the law of their relationship between people who are not mahram who are not yet bound by marriage. Therefore, all the prohibitions that apply to the relationship between men and women also apply to them, only the prospective bride during the engagement period may not be proposed to by someone else, because she is in the engagement of her prospective husband. That the legal consequences of underage engagement will have an impact on the cancellation of the engagement itself. Talking about cancellation, cancellation means fasakh or ending the validity of something that happened previously. In addition, it will affect gender.

Hasan, Arham; Bora, Asnawati; Moonti, Roy Marthen

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

This research examines the negative impact of misuse of official vehicles by State Civil Apparatus (ASN) on their image and morality, as well as the legal consequences that accompany it. The main focus of this research is to analyze how this behavior forms negative perceptions among the public and damages the integrity of ASN. The methodology used is a literature study, utilizing various sources related to law and government ethics as analysis material. The research results show that this act of abuse can weaken the level of public trust in government institutions.

Sanusi Sanusi; Rezike Nurul Ergiarti; Fajar Ari Sudewo; Mukhidin Mukhidin; Moh. Taufik

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

This study critically examines access to justice for minors who are victims of rape in the context of the Indonesian criminal justice system, with a special focus on the human rights (HAM) perspective. This study is motivated by the high number of cases of sexual violence against children and the complexity of handling them in the Indonesian legal system. The research problem is how to protect human rights for minors who are victims of rape in the law enforcement system in Indonesia. The research method uses qualitative normative legal research by analyzing legal doctrine and related legislation. The research method used is qualitative normative legal research, namely examining various laws and regulations and related literature to understand legal principles and their implementation in the field. The results of the study show that in terms of legal-normative, the protection of children's human rights is regulated in various national and international laws and regulations. However, there are several challenges in its implementation in the field such as limited understanding of law enforcement officers, facilities, and implementing regulations. For this reason, it is necessary to strengthen socialization, legal frameworks and implementation facilities, and continuous evaluation in order to realize universal protection of children's human rights. This study identifies systemic challenges faced by victims in seeking justice, including child-unfriendly legal procedures, lack of psychosocial support, and persistent social stigma. The main findings of this study indicate a significant gap between international human rights standards on child protection and practice on the ground. This study argues for a comprehensive reform of the Indonesian criminal justice system to better accommodate the needs and rights of child victims, including the provision of specialized legal assistance, increased sensitivity of law enforcement officers, and the development of a justice mechanism that focuses on recovery. This study offers concrete recommendations for system improvement, which are expected to serve as a reference for policymakers, legal practitioners, and other stakeholders in efforts to improve access to justice for child rape victims in Indonesia.    

Fally Avriantara

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

The role of a lawyer is very necessary and important in order to help the defendant prepare and submit a defense memorandum (pledoi) from the perspective of legal argumentation which is based on logical and accountable thinking. We will discuss about the issued: how the defense memorandum (pledoi) functions for defendants undergoing the criminal case examination process and How aspect legal argumentation in the defense memorandum (pledoi) prepared by the lawyer. The conclusions obtained are first, the function of the defense memorandum (pledoi) for defendants undergoing the criminal case examination process is as a forum for the defendant to defend himself against the accusations or demands submitted by the public prosecutor and to convince the panel of judges trying the a quo case that the defendant should not be sentenced to justice. or at least punished with the lightest punishment possible. Second, the legal argumentation aspect in the defense memorandum (pledoi) prepared by the lawyer is a clear and logical explanation in the context of defense, rebuttal, and/or refutation of the public prosecutor's accusations and demands based on legal thoughts or views as a result of an interpretation or reasoning. law.