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Sandra Leoni Prakasa Yakub; Santi Suryani; Fitriyani Yuliawati; Muhamad Reza Atqia; Wili Suminar

SOSIAL: Jurnal Ilmiah Pendidikan IPS 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study aims to analyze the position of statutory regulations as the main limiting framework for administrative discretion in Indonesian administrative law, particularly after the enactment of Law Number 11 of 2020 on Job Creation. The main issue examined is the normative shift caused by the removal of the requirement that discretion must not contradict statutory regulations, which potentially weakens legal certainty and judicial control. This research uses a normative juridical method with a regulatory and conceptualization approach, and is supported by the theory of discretionary justice, balance of legal objectives, and good governance. The findings indicate that the elimination of formal legality requirements transforms discretion from a legally constrained authority into a broader administrative freedom, increasing the risk of abuse of power and weakening the objective standards of judicial review in administrative courts. The study concludes that such a shift undermines the core principles of the rule of law and necessitates constitutional review to restore legal certainty, accountability, and effective judicial oversight.

Umara Hasmarani Rizqiyah; Husnirrahman J; Firnawati Firnawati; Armiwaty Armiwaty; Raeny Tenriola Idrus

Faedah : Jurnal Hasil Kegiatan Pengabdian Masyarakat Indonesia 2026 FKIP, Universitas Palangka Raya

This community service program aims to strengthen high school graduates’ understanding of the architectural profession, educational pathways, and legal qualifications required to become a professional architect under the Indonesian Institute of Architects (IAI). The online outreach was held on November 27, 2025, featuring two licensed architects from IAI and attended by 97 participants. The activities included interactive presentations, discussions, and an evaluation through a five-item pretest and post-test. The results show an overall improvement in participants’ comprehension of architects’ roles, responsibilities, and professional legality, with an average accuracy above 90%. The greatest improvement occurred in the legal aspect, where participants recognized the importance of the Surat Tanda Registrasi Arsitek (STRA) as a legal credential for professional practice. This program effectively increased prospective students’ awareness of professionalism, ethics, and regulatory understanding in architectural practice. It also served as an academic promotion platform that bridges architectural education with society’s demand for competent and ethical architects.

Ardi Ardi; Abdul Halim; Risnita Risnita

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study uses an integrated analysis of positive law and Islamic law at Polres Bungo to investigate the reconstruction of sanctions for juvenile offenders during the investigation stage. Empirical trends suggest a procedural and administrative orientation that may restrict substantive rehabilitation, even though Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak (Juvenile Criminal Justice System Act) formally adopts restorative justice, diversion, and the best interests of the child as guiding principles. Using a multidisciplinary approach that integrates statutory, theological-normative (shar‘i), and historical considerations, this study uses a normative qualitative design based on library research. The theoretical framework incorporates maqāṣid al-sharīʿah as a normative evaluation instrument, legal effectiveness theory, and punishment theories. The findings reveal a conceptual convergence between Indonesian positive law and Islamic criminal jurisprudence in differentiating criminal responsibility based on maturity and prioritizing rehabilitation over retribution. There are still differences, nevertheless, when it comes to age criteria and the classification of sanctions: Islamic law places more emphasis on moral and biological maturity (baligh and tamyīz), whereas positive law focuses on strict legislative boundaries. The predominance of formal legality over psychosocial assessment at the investigative level runs the risk of undermining rehabilitative goals. In order to maintain proportionality and child protection, this study suggests a reconstructive paradigm that operationalizes maqāṣid-based principles, combines thorough psychological evaluation, and improves diversion measures. In addition to realistically advancing the creation of a more equitable, rehabilitative, and child-centered investigative framework, the research theoretically advances the conversation about harmonizing state and Islamic law.

Salsa Chabita Saraswati; Khoirotun Nadhiroh; Nadia Ananda Putri Ikhtiarni; Faizal Adi Mukti; Ika Wahyu Arlina +3 more

Jurnal Pengabdian Sosial 2026 Lembaga Pengembangan Kinerja Dosen

Micro, Small, and Medium Enterprises (MSMEs) play a vital role in the economy and community independence. However, the great potential of home-based businesses is often hindered by administrative issues related to business legality. This research focuses on UMKM Krecek Kulit Sapi Ashif in Jatirejo Village, which has been operating since 2018 but lacks a Business Identification Number (NIB), Household Industry Food (PIRT) permit, and halal certification due to perceived complex procedures. The main objective of this activity is to strengthen business management through product standardization and obtaining legal certifications to enhance the competitiveness of this MSME. The research method used a descriptive qualitative approach with a community service method based on mentoring, including observation, in-depth interviews, and hands-on practice in managing documents through the Online Single Submission system. The results show that through phased mentoring, UMKM Krecek Kulit Sapi Ashif successfully obtained an NIB and increased the owner’s awareness of PIRT food safety standards and halal certification procedures. The impact of this activity includes meeting administrative legality and improving knowledge, confidence, and professionalism in business management. Intensive mentoring proved crucial in transforming informal businesses into formal, legally protected entities.

Amelia Sholeha; Mohamad Badrun Zaman; Hilda Kumala Wulandari; Hendri Sucipto

FUNDAMENTUM : Jurnal Pengabdian Multidisiplin 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Low financial literacy, weak sharia-based governance, and limited business legality remain key barriers to the sustainability of Micro, Small, and Medium Enterprises (MSMEs). These constraints reduce managerial capability, restrict access to formal financing, and hinder business growth. This study developed an integrated mentoring model combining financial literacy, sharia governance, and business legalization using a Participatory Action Research (PAR) approach. 25 MSMEs in Brebes Regency participated in four stages: needs assessment, training, mentoring, and evaluation. Data were collected through pre- and post-tests, bookkeeping observations, and legality checklists. Results showed significant improvements: financial literacy scores increased from 52 to 84 (61.5%), bookkeeping adoption rose from 20% to 88%, and Business Identification Number (NIB) ownership increased from 32% to 84%. Average monthly turnover also grew by 33%. These findings indicate that participatory and practice-based mentoring effectively enhances knowledge, behavior, and economic performance. The model offers a scalable strategy for strengthening sustainable and ethical MSME management.

Mantasia Hasibuan; Parlaungan Gabriel Siahaan; Dewi Pika Lbn Batu; Ida Nurjana Tamba; Fariz Aditya +1 more

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

This study aims to examine the judge's considerations in rendering decisions in aggravated theft cases at the Medan District Court, with an emphasis on the balance between legal and non-legal aspects in realizing substantive justice. The issue of disparate sentencing that frequently arises is the main background of this study. The methods used are an integrated normative legal approach and an empirical legal approach. The normative approach is used to examine the provisions of Article 363 of the Criminal Code (KUHP) and the legal principles that govern the judge's considerations, while the empirical approach is carried out through direct observation of the trial process and analysis of the judge's decision. The results of the study indicate that the judge in case Number 1110/Pid. B/2025/PN Medan not only complied with legal aspects such as fulfilling the elements of the crime, evidence, and the application of the principle of legality, but also considered non-legal aspects such as the socio-economic conditions, age, and motives of the defendant. These considerations demonstrate the application of the principles of criminal individualization and proportional justice. In addition, the judge also considered moral values ​​and social benefits in his decision, which is in line with Gustav Radbruch's theory of three basic legal values: justice, legal certainty, and utility. This study concludes that the thinking patterns of judges at the Medan District Court reflect a shift toward substantive and restorative justice paradigms. It is recommended that the Supreme Court strengthen integrated sentencing guidelines to avoid disparities in sentencing and encourage the adoption of a rehabilitative approach for offenders with low economic motivations.

Yen Yen; Abdul Rasyid Saliman; Feri Frandica; Rian Fauzi; Raffi Akbar +7 more

Jurnal Hasil Kegiatan Bersama Masyarakat 2026 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Community service with the theme of Socialization and Education of Legal Products for MSME and Creative Economy Actors in Temberan Village, Pangkalpinang City, is based on field conditions, where many MSME actors in the region do not have legal legality for the businesses they run and lack basic knowledge regarding product packaging and brand creation that have high marketability. As a result, their businesses are not developing to strengthen the creative economy and enhance the capacity of actors. The model used in this program is a direct dialogue method with the MSME actors. The discussion results showed that of the 26 participants, only 1 MSME actor had received guidance and had an NIB (Business Identification Number), but lacked a halal certificate and patent rights for their product brands. The other 25 participants were briefed for the first time regarding the importance of legal legitimacy for their business. Therefore, it can be concluded that these 25 MSME actors do not have legal legitimacy for their businesses. The team provided assistance to help register their businesses by collaborating with relevant agencies. Regarding product branding, it was found that all participants had not optimized their product branding, as most MSME actors in Temberan Village packaged their products simply without attractive branding, packaging, colors, or packaging materials. Many even used plastic wrapping without a brand. The team intervened intensively by providing further assistance to MSME actors in Temberan Village, utilizing information and communication technology to help determine product brands for those without one and to select packaging materials that follow current trends, shapes, colors, and materials to make the product more attractive and increase branding and consumer interest.

Maitsaa'Jaudah, Tsuroyyaa; Basri, Basri; Dakum, Dakum; Sulistyaningsih, Puji

Jurnal Pengabdian Masyarakat 2026 Lembaga Pengembangan Kinerja Dosen

The legal counseling activity on the technical aspects of preventing and reporting Ilegal online lending in Ngawen Village, Muntilan District, was motivated by the increasing number of Ilegal online lending cases that harm the community due to low legal and digital literacy. Rural communities often become victims because they do not understand the differences between legal and Ilegal loans and are unaware of the proper reporting mechanisms. This activity aims to provide residents with legal understanding regarding online lending regulations, improve digital literacy so that the community can identify Ilegal applications, and train residents to be courageous and capable of reporting Ilegal online lending practices to the relevant authorities. The implementation methods included socialization through interactive lectures, distribution of handout materials, and question-and-answer sessions. The activity was attended by 15 residents of Ngawen Village and featured two presenters from the Faculty of Law, Universitas Muhammadiyah Magelang. The results showed an increase in participants’ understanding of the characteristics of Ilegal online lending, its socio-economic impacts, and the reporting procedures to the Financial Services Authority (OJK), the Ministry of Communication and Informatics (Kominfo), and the police. Participants also gained a better understanding of the importance of protecting personal data and verifying the legality of financial applications before using them. In conclusion, this counseling activity successfully enhanced the community’s legal awareness and digital literacy, fostering a more vigilant and legally empowered society capable of protecting itself from Ilegal online lending practices in the digital era.

Maitsaa'Jaudah, Tsuroyyaa; Basri, Basri; Dakum, Dakum; Sulistyaningsih, Puji

Jurnal Pengabdian Masyarakat 2026 Lembaga Pengembangan Kinerja Dosen

The legal counseling activity on the technical aspects of preventing and reporting Ilegal online lending in Ngawen Village, Muntilan District, was motivated by the increasing number of Ilegal online lending cases that harm the community due to low legal and digital literacy. Rural communities often become victims because they do not understand the differences between legal and Ilegal loans and are unaware of the proper reporting mechanisms. This activity aims to provide residents with legal understanding regarding online lending regulations, improve digital literacy so that the community can identify Ilegal applications, and train residents to be courageous and capable of reporting Ilegal online lending practices to the relevant authorities. The implementation methods included socialization through interactive lectures, distribution of handout materials, and question-and-answer sessions. The activity was attended by 15 residents of Ngawen Village and featured two presenters from the Faculty of Law, Universitas Muhammadiyah Magelang. The results showed an increase in participants’ understanding of the characteristics of Ilegal online lending, its socio-economic impacts, and the reporting procedures to the Financial Services Authority (OJK), the Ministry of Communication and Informatics (Kominfo), and the police. Participants also gained a better understanding of the importance of protecting personal data and verifying the legality of financial applications before using them. In conclusion, this counseling activity successfully enhanced the community’s legal awareness and digital literacy, fostering a more vigilant and legally empowered society capable of protecting itself from Ilegal online lending practices in the digital era.

Marwan Busyro; Bandaharo Saifuddin

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

The background of this research aims to determine and analyze judges' perspectives on the application of customary law in resolving criminal cases at the Padangsidimpuan District Court. Customary law is an unwritten legal system that exists and develops within society and is often used as a consideration in deciding cases related to local values ​​and cultural wisdom. In the context of Padangsidimpuan society, which still strongly upholds customs and traditions, customary law often serves as a means of resolving social conflicts before they enter the formal legal realm. The research method used is empirical juridical, with data collection techniques through direct interviews with judges and document studies of several relevant court decisions. The results indicate that most judges at the Padangsidimpuan District Court view customary law as a complementary instrument to positive law, particularly in minor criminal cases with social and familial dimensions. Judges strive to consider customary values ​​to achieve substantive justice, without neglecting the principle of legality and statutory provisions. However, the application of customary law cannot replace positive law in its entirety; rather, it serves as a moral and social value that strengthens the community's sense of justice.

Agus Salim; Achmad Faishal; Suprapto Suprapto

Law and Justice research journal 2026 International Forum of Researchers and Lecturers

Detention is one of the most coercive measures in the criminal justice process and is intended to ensure the effectiveness of criminal proceedings. In many legal systems, public prosecutors are granted authority to order detention against suspects or defendants under specific legal requirements. However, the practical effectiveness of detention by public prosecutors in achieving procedural objectives and safeguarding legal rights remains a subject of debate. This study aims to examine the effectiveness of detention carried out by public prosecutors against perpetrators of criminal acts, focusing on its legal basis, implementation, and impact on the criminal justice process. Using a normative juridical approach supported by qualitative analysis of legislation, legal doctrines, and relevant case studies, this research evaluates whether prosecutorial detention fulfills principles of legality, necessity, proportionality, and human rights protection. The findings indicate that while detention by public prosecutors can enhance procedural efficiency and prevent obstruction of justice, its effectiveness is often constrained by inconsistencies in application, weak judicial oversight, and potential risks of arbitrary detention. This study concludes that strengthening legal safeguards, standardizing detention criteria, and enhancing accountability mechanisms are essential to ensure that detention by public prosecutors remains both effective and compliant with the rule of law.

Dian Kesuma; Eddy Purnama; M. Jafar

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

Article 170 paragraph (1) of Law Number 1 of 2022 concerning HKPD emphasizes the synchronization of fiscal planning and policy for integrated national development. However, in the APBA (Aceh Provincial Budget) planning, discrepancies persist between the Aceh Government’s documents and the central fiscal policy direction, leading to synchronization that remains administrative rather than substantive. This issue is further complicated by Aceh's special status under Law No. 11 of 2006, which results in differences in macro indicators, program structure, and a lack of substantive participation from Aceh, creating epistemological inequality and structural injustice in central-regional financial relations. The research aims to understand why APBA management planning is not fully synchronized with government policy and to explore the ideal procedure for achieving synchronization, considering Aceh’s unique autonomy. This study is a normative juridical analysis using a legislative, conceptual, historical, and futuristic approach, with the application of authority theory, policy suitability theory, asymmetric decentralization theory, and good governance principles. The findings reveal that the lack of synchronization is caused by procedural issues, such as the absence of integration between RKPD (Regional Government Work Plan) and RKP (National Government Work Plan) schedules, the lack of a mechanism for reducing KEM-PPKF indicators, unclear fiscal support evaluation, and absence of guidelines and sanctions. Additionally, there are substantial issues like the incompatibility of Aceh's macro indicators with national targets. To achieve ideal synchronization, normative legality, equal central and regional authority, and integrated planning systems are needed.

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.

Rachmat Arnanda; Saidatuningtyas, Ifa; Ardhan, Dhea Tisane; Khoirunnisa, Ratna

Jurnal Pengabdian dan Solidaritas Masyarakat 2026 Lembaga Pengembangan Kinerja Dosen

This community service program aims to enhance the understanding and awareness of Micro, Small, and Medium Enterprises (MSMEs) regarding the importance of Intellectual Property Rights (IPR) certification as a form of legal protection and a means to improve business competitiveness. The activity was conducted in RW 04, Pondok Rajeg Village, Cibinong District, Bogor Regency, targeting local MSME actors. The program employed a Community Based Research (CBR) approach, emphasizing active community participation through problem analysis, target assessment, program development, and implementation stages. The main activity consisted of counseling sessions covering the concept of IPR, types of IPR, benefits of ownership, and online registration procedures through the Directorate General of Intellectual Property (DGIP). Evaluation was carried out using pre- and post-activity questionnaires. The results indicate that although all participants recognized the importance of IPR protection, their initial level of understanding was relatively low. Following the counseling session, there was a significant improvement in participants’ knowledge of IPR types and registration procedures. This program is expected to encourage MSMEs to register their intellectual property to protect innovation and enhance sustainable business competitiveness.

Khairul Umam; Achmad Taufik; Ria Kasanova

Jurnal Pengabdian dan Pembangunan Lokal 2026 Lembaga Pengembangan Kinerja Dosen

Limited legal literacy among village officials may contribute to disorderly village administration, inconsistent document formats, weak record-keeping, and poor archive traceability, ultimately affecting public service quality. This Community Service Program (Pengabdian kepada Masyarakat/PKM) aimed to strengthen the legal literacy of village officials in Larangan Luar Village, Pamekasan Regency, to improve orderly and accountable village administrative governance. The program applied a hands-on training model combined with mentoring/document clinics and a pretest–posttest evaluation involving village officials (n = 18). Implementation consisted of three core training sessions and two mentoring sessions over four weeks, focusing on document legality, official correspondence standards, numbering and registers, and basic archive management. Results showed an increase in the average legal literacy score from 54.1 (pretest) to 74.6 (posttest), an improvement of 20.5 points. Beyond knowledge gains, document quality and administrative order improved through the adoption of practical administrative tools developed during the program. Key outputs included a concise module (±22 pages), 10 village administrative document templates, one village administrative SOP, and a simple filing system based on document classification and folder numbering. In conclusion, strengthening village officials’ legal literacy through practice-based training and mentoring effectively supports improvements in village administrative governance and is potentially replicable in other villages in Pamekasan with context-specific adjustments.

Hikmatul Hasana; Firman Octhaviana Sulistiyono

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This study analyzes the juridical implications of delegated authority in the context of business license signing by heads of regional offices acting on behalf of regents. Using a qualitative approach with library research, the paper explores the legal foundation, validity, and administrative consequences of delegation within local governance. The findings indicate that delegation of authority is a legitimate administrative mechanism recognized under Indonesian law, particularly within Law No. 23 of 2014 concerning Regional Government. However, its implementation frequently lacks procedural clarity, leading to potential legal defects (ultra vires) in administrative decisions. The study emphasizes that the validity of business permits depends on both formal and substantive fulfillment of delegation requirements through explicit legal instruments such as regional head decrees. Improper delegation not only invalidates administrative acts but also undermines legal certainty and public trust in local governance. Theoretically, this research contributes to strengthening the doctrine of state administrative legality, while practically, it provides recommendations for standardizing delegation mechanisms to enhance transparency, accountability, and legal compliance in regional public service delivery.

Muhammad Aulia Rifki Nst; Kartini Harahap; Onan Marakali Siregar

Jurnal Manajemen Kreatif dan Inovasi 2026 International Forum of Researchers and Lecturers

This study aims to analyze the influence of Product Ingredients and Halal Certification on Consumer Purchase Intention toward udon products in Medan City. The research background is grounded in the increasing concern of Muslim consumers regarding the clarity of product composition and the legality of halal certification, particularly for foreign food products such as Japanese udon. The study employed a quantitative approach with a causal associative design, involving respondents who had purchased udon products. Primary data were collected through questionnaire distribution, and the analysis was conducted using multiple linear regression. The findings indicate that Product Ingredients have a positive and significant effect on Purchase Intention, with ingredient information emerging as the most dominant indicator because it provides certainty regarding product safety, quality, and halal compliance. Halal Certification was also found to significantly influence Purchase Intention, with the legality of the certifying institution being the most emphasized indicator, while detailed certification information received relatively lower attention. Simultaneously, both variables explained 68% of the variation in purchase intention, with referential intention being the highest indicator, demonstrating consumers’ tendency to recommend the product to others. These results highlight that transparency of ingredients and credible halal certification are crucial factors in shaping consumer purchase intention toward udon products. The study recommends that producers improve clarity of ingredient information, display official halal certification details, and offer product innovations to increase consumers’ exploratory intentions.

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.

Ayu Ulandari

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The purpose of this study is to analyze digital transformation in notary services, namely the validity of electronic deeds and the responsibilities of notaries in the era of e-government. This study uses a normative juridical method with a legislative and conceptual approach based on an analysis of relevant regulations, scientific literature, and other legal sources. Data was obtained through literature study and analyzed qualitatively and descriptively to assess the legal certainty and responsibility of notaries in preparing electronic deeds in the era of digital transformation in notarial practice. The results show that digital transformation in the notary field is an impact of information technology developments and e-government policies that change the notary's work processes, including administration, deed preparation, identity verification, and document storage. However, digitization must still comply with the principles of authenticity, legality, data security, and legal certainty in accordance with the characteristics of the notary's position as a public official. This study also found that the implementation of cyber notary in Indonesia still faces normative, technical, and ethical obstacles, such as the absence of comprehensive regulations, limited digital infrastructure, and the risk of identity abuse. Therefore, regulatory harmonization, capacity building for notaries, technology standardization, and effective supervision are needed so that the digitization of notary services can be implemented safely while maintaining the integrity of the profession.

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.