Publication Search

66,773 articles from 556 journals · 1,699 citations tracked

Showing 381-400 of 667

Analytics

Rain Victoria Lumban Batu; Maura Viranti A.Syira Adam; Riehza Faizal Ramdhani; Achmad Juneadi; Taun Taun

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

The use of social media as a means of the press has various legal implications amidst the rapid development of information technology. Social media makes it easy to disseminate information quickly and widely, but on the other hand, the absence of clear regulations in categorizing it as part of the formal press raises legal problems, especially related to responsibility for content, protection of individual rights, and freedom of expression. This study aims to examine the position of social media in the legal framework of the press in Indonesia, and to analyze its legal consequences for users who act as conveyors of public information. Using the normative juridical method, it was found that social media has not received explicit recognition as a press entity in the Press Law, thus creating legal loopholes in terms of accountability and legal protection. Regulatory updates are needed to ensure legal certainty and maintain a balance between freedom of expression and legal responsibility in the digital era.

Firda Yunita Dewi; Y.A Triana Ohoiwutun; Ainul Azizah

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The cases of child sexual exploitation continue to rise in Indonesia. However, the legal system has yet to provide legal certainty for children as victims. This study aims to examine the positive legal framework regarding the protection of child victims of sexual exploitation, assess its implementation in providing legal certainty, and offer an ideal concept of legal protection for the future. The method used is normative juridical with statutory, case, and conceptual approaches. The results show that although legal instruments such as the Child Protection Law, the Sexual Violence Crime Law, and regulations related to restitution are in place, their implementation remains ineffective. Restitution rights are often not pursued due to victims’ lack of awareness and weaknesses in the legal system. This study recommends that restitution be granted automatically and that the role of law enforcement be strengthened to ensure the protection of children's rights.

Ketut Ratri Wahyuningsih

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

The rapid development of information technology has brought various conveniences to human life, but it also brings new challenges in the form of cybercrime threats. One of these threats is cyberstalking, which is the act of stalking, harassment, or threats through digital media. Cyberstalking utilizes the anonymity of technology to violate the privacy, dignity, and psychological safety of the victim. In Indonesia, the regulation of cyberstalking is implicitly regulated through Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) or in its latest amendment, namely in Law Number 1 of 2024 concerning the Second Amendment to Law Number 1 of 2008 concerning Electronic Information and Transactions and the Criminal Code (KUHP). However, these regulations have not been able to cover the multidimensional dimensions of the crime, such as non-verbal harassment or emotional threats through digital media. This article analyzes cyberstalking in the perspective of Indonesian criminal law by highlighting the existing legal vacuum and the importance of regulatory reform based on the principles of legality, legal certainty, and protection of individual rights. Recommendations include revising the ITE Law, strengthening the capacity of law enforcers, and increasing public awareness to deal holistically with the threat of cyberstalking. With these steps, it is hoped that legal protection for victims can be improved in line with technological developments.

Faqihisyam Irfandy; Ferly Amlizyan; Rusmilawati Windari

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

This study aims to describe the principles of legality in Indonesia and France. This study uses normative legal research methods, namely secondary legal materials in the form of data obtained from books and opinions of experts related to this study. The results of this study indicate that the principles of legality in Indonesia and France highlight the importance of legal certainty, human rights, and a sense of justice in the criminal law system. In Indonesia, the principle of legality has been regulated in the Criminal Code since 1946, but its application is often not pure because of the customary law that still applies. Although there have been amendment efforts, it often ends in a confusing system. Meanwhile, in France, the principle of legality developed from resistance to arbitrary power, which was emphasized in the Habeas Corpus Act in England in 1679. This principle gives parliament the authority to determine the components of violations and their sanctions, as a guarantee of the freedom of citizens from excessive tyrannical actions.

Markus Gunawan; Erniyanti Erniyanti

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research examines the implementation of electronic signatures and e-notarization within Indonesia's notarial legal framework, analyzing the tensions between technological innovation and traditional notarial principles. Indonesia has established basic legal recognition for electronic signatures through Law No. 11/2008 on Electronic Information and Transactions (as amended by Law No. 19/2016) and conceptually acknowledged cyber notary in the explanation of Article 15(3) of Law No. 2/2014 on Notary Positions which mentions "the authority to certify transactions conducted electronically". However, significant regulatory and practical challenges persist due to contradictions between digital concepts and traditional notarial requirements such as physical presence during the notarial process. The research reveals Indonesia lags behind many jurisdictions with similar civil law traditions in e-notarization implementation where the integration of digital elements into notarial systems has enhanced efficiency while maintaining security standards. This study proposes a balanced implementation approach that preserves essential notarial functions of authentication and legal certainty while leveraging technology to enhance accessibility and efficiency, requiring legislative reforms, technical standardization, institutional development, and professional training to create a comprehensive e-notarization framework suited to Indonesia's legal context.

Kevin Darmawan; Holyness N. Singadimedja; Rafan Darodjat

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Labor law in Indonesia prioritizes the protection of workers as a primary focus in industrial relations. This protection becomes highly relevant in the context of termination of employment (PHK), particularly in cases where PHK is carried out on the grounds of corporate spin offs. This study aims to analyze the company’s responsibility in fulfilling workers' rights and the legal measures that can be taken to ensure workers' welfare in accordance with Government Regulation No. 35 of 2021. The research method employs a normative juridical approach with descriptive-analytical review of primary documents, such as labor-related legislation, and secondary documents related to the PHK process. The analysis reveals that PHK conducted by a company on the basis of a spin off lacks a strong legal foundation if it contradicts the principles of legal certainty and worker protection as stipulated in applicable regulations. In the event that PHK is still carried out, the company is obligated to provide full compensation to workers, including severance pay, service appreciation pay, and rights replacement as outlined in PP 35/2021. Furthermore, workers are advised to pursue their rights through non-litigation, litigation at the Industrial Relations Court, or administrative measures in a step-by-step manner. The implication of these findings underscores the importance of enforcing labor laws to protect workers' rights during corporate restructuring.  

Liza Anggelina Manurung; Rika Ratna Permata; Tasya Safiranita

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Intellectual Property (IP) plays a crucial role in fostering fair business competition. Trademarks as a element of IP serve as distinguishing identifiers that guarantee product quality. In addition, trademarks function as marketing tools in competitive markets and provide protection against bad faith actions by other parties. To obtain legal protection, a trademark must be registered in accordance with statutory requirements. A trademark application may be rejected if these requirements are not fulfilled. A common reason for rejection is the existence of substantial similarity to a previously registered mark or an earlier-filed application for similar goods and/or services. Therefore, clear and consistent standards for determining substantial similarity are essential to ensure legal certainty for applicants.

Parakleyto Majma Al-Bahrayn; Lego Karjoko; Rahayu Subekti

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

This research discusses the settlement of Sultan Ground (SG) and Pakualaman Ground (PAG) land controlled by the community based on the principle of people's sovereignty. The special status of the Yogyakarta Special Region (DIY) grants the Sultanate and Pakualaman Duchy the authority to manage SG and PAG land. However, in practice, the inventory process of these lands has led to legal issues, particularly concerning ownership and the rights of communities that have long occupied the land. This study employs normative legal research methods with statutory and conceptual approaches. The sources of data include primary, secondary, and tertiary legal materials. The findings indicate a dualism in agrarian law between the Basic Agrarian Law (UUPA) and the Yogyakarta Special Region Law, which results in legal uncertainty for communities that have long inhabited SG and PAG land. The study concludes that the community's rights over SG and PAG land before the inventory process can be based on the magersari and anggaduh principles, which are recognized in customary law. However, the lack of legal recognition within the national legal system causes communities to lose rights over the land they have utilized for generations. Therefore, a legal solution that accommodates the principle of people's sovereignty is needed to resolve land disputes in Yogyakarta, ensuring legal certainty and justice for the community.

Tiara Jelita Andalusianti Roozan; Diah Ajeng Pangestu; Adinda Berliana Rizkita Anjani; Vanesa Alexandra Caniago; Hasrinda Rizqi Pramassari +3 more

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

This study examines the concept of hibah (gift) in Islamic law and its implementation in the Compilation of Islamic Law (KHI) in Indonesia. Through juridical-normative analysis, the research investigates how Islamic law principles regarding hibah have been transformed into national legislation through KHI and evaluates their implementation in religious court practices. The findings reveal that KHI has successfully harmonized Islamic jurisprudence with national legal requirements, particularly through articles 210-214, which regulate hibah procedures including limitations on gift amounts, beneficiary rights, and documentation requirements. However, challenges persist due to KHI's relatively weak position in the legal hierarchy as a Presidential Instruction rather than formal legislation, creating potential conflicts with other regulations. The study recommends strengthening KHI's legal status, updating its provisions to address contemporary issues, standardizing hibah procedures, and providing judges with appropriate discretionary space to ensure both legal certainty and substantive justice in hibah disputes.

Shevanna Putri Cantiqa; Ema Nurkhaerani

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

Bankruptcy as a debt settlement mechanism in Indonesia has a significant impact on all debtors' assets, including intellectual property rights such as trademarks. In practice, many companies have licensed trademarks to third parties before being declared bankrupt, resulting in legal uncertainty regarding the validity of the license agreement and protection for the licensee. This study aims to examine the implications of bankruptcy on the validity of trademark licenses and analyze the legal position of licensees according to the Bankruptcy Law. The research method used is normative juridical with statutory and conceptual approaches, as well as qualitative analysis of primary and secondary legal materials. The results show that the rights to the licensed trademark remain part of the bankruptcy estate and are under the management of the curator. The license agreement can be continued if it benefits the bankruptcy estate, but can be terminated by the curator if it is considered burdensome. The legal position of the licensee is highly dependent on the recording of the agreement at the DJKI and the policy of the curator. The implications of this research emphasize the need for clearer regulations to provide legal certainty and balanced protection for all parties involved in bankruptcy.

Hasim Sukamto; Hulman Panjaitan; Paltiada Saragi

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

Foreign direct investment (FDI) has a strategic role in Indonesia's economic development. However, the realization of foreign investment is not free from challenges related to legal certainty and protection. This study aims to analyze legal protection for foreign investors in Indonesia, both in terms of applicable legal norms and from the aspect of implementation in the field. Through a literature review, information was collected from various sources in the form of journals, articles, and relevant laws and regulations to gain a broad understanding of legal protection for foreign investors at the normative and implementation levels in Indonesia. The results of the study indicate that Indonesian laws and regulations, especially Law No. 25/2007 concerning Investment, various Bilateral Investment Treaties (BITs), and FTAs ​​provide a comprehensive legal protection framework for foreign investors. In the field, legal uncertainty still arises due to overlapping regulations, frequent policy changes, and different interpretations between institutions. Slow and less transparent licensing bureaucracy, as well as the risk of extortion practices, reduce the attractiveness of investment. Reform efforts such as simplifying licensing through OSS, establishing BKPM as a one-stop shop, and ratifying the Omnibus Law on Job Creation have shown progress in increasing certainty and ease of investment.

Faiqa Syifa Irawan

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The balance of rights and obligations in contracts is a fundamental basis for creating justice and legal certainty. With effective protection for all parties in the contract, be it in the realm of commerce or other social relations, it is expected to create a conducive legal environment, which in turn encourages social and economic development. The process of drafting contracts in various fields, such as micro, small and medium enterprises (MSMEs), shows the importance of good design to guarantee the rights of each party In this context, it is important to explore how the contract structure can be designed in such a way that both parties can fulfill their rights and obligations fairly, as well as serve as a guideline in resolving disputes that may arise in the future. rights and obligations are basic principles in contract law that aim to create justice, legal certainty, and balanced protection for all parties to the agreement. In the process of contract formation, balance is achieved through the principles of freedom of contract, good faith, and transparent negotiations so that the rights and obligations of both parties are arranged fairly and proportionally.

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

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

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

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

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

Rahmadani Putri Erdiyanti Manurung; Abelia Duta Simanjutak

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

Corruption in Indonesia is very worrying and has a negative impact on almost all aspects of life. Efforts to eradicate corruption that have been carried out so far have not shown optimal results. Corruption still occurs as if it has become part of our lives. Therefore, efforts to eradicate corruption must be carried out comprehensively, integrally, and holistically. Law enforcers in carrying out law enforcement must be carried out firmly, consistently, and in an integrated manner, which is an important step in order to be able to produce just law enforcement, providing legal certainty. These steps can be taken by imposing the heaviest sanctions for perpetrators of corruption, both criminal sanctions and fines. This is expected to increase public trust, create a deterrent effect, and prevent potential corruptors. This study is entitled Thoroughly Examining the Increasingly Occurring Corruption Culture in Indonesia. The purpose of this study is to determine and explain how to eradicate criminal acts of corruption in Indonesia.

Julia Putri Nur Azizah; Heriyanto Heriyanto; Dairani Dairani

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

The government on behalf of the public interest has broad authority to achieve the goals and objectives of accelerating development for the benefit of the nation in accordance with the mandate of the constitution. But on the other hand, the government must provide legal certainty for communities affected by land acquisition for the public interest in terms of providing compensation. In this study, the legal problem analyzed is the state's right to control land in providing legal certainty for people affected by land acquisition for the public interest. In the implementation of the settlement of compensation, it is adjusted to the estimated assessment carried out by the authorized official to determine the value or price of the land in accordance with the provisions of the legislation. The purpose of this study is to identify and analyze the existence of a protection and legal certainty for the community in the settlement of land compensation for the public interest in accordance with hierarchical rules of legislation. In this study, using the juridical – normative method through the approach of legislation. The results of this study are in the form of a juridical analysis of the settlement of land compensation for the public interest of the region.

Diana R.W. Napitupulu

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

This paper analyzes the legal disharmony between the Indonesian Standard Industrial Classification (KBLI) Code 92000, which classifies gambling as a business activity, and Article 303 of the Indonesian Penal Code (KUHP), which criminalizes gambling. Using a normative legal research method supported by theoretical foundations from legal certainty, legal harmonization, and sociological jurisprudence, the paper explores the philosophical, sociological, and juridical ratio legis behind this classification. The research concludes that the classification under KBLI is administrative and does not legitimize gambling activities. The paper suggests harmonization mechanisms to resolve legal contradictions and ensure regulatory coherence.  Address the normative conflict and avoid further interpretive ambiguities, this paper proposes a series of harmonization mechanisms. First, there should be a revision or annotation of KBLI Code 92000 to clarify that its inclusion of gambling is not a recognition of its legality under Indonesian law. Second, greater inter-agency coordination is necessary, especially between the institutions responsible for economic classifications and those enforcing criminal law. Third, legislative synchronization efforts must be enhanced through the establishment of an integrated legal drafting mechanism to ensure that new or revised regulations do not conflict with existing criminal statutes.

Dina Gita Prianti

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

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

Faiz Ghozi Al Kamil

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This article aims to discuss the urgency of regulation related to anti-dumping import duties on Chinese imported products in Indonesia resulting in losses for the domestic ceramic industry due to dumping actions carried out by Chinese ceramic importers to Indonesia. Regarding the actions taken by China, including dumping, it can be subject to anti-dumping import duties as stipulated in Law Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 concerning Customs, Government Regulation Number 34 of 2011 concerning Anti-Dumping, Reward Measures, and Trade Security Measures, and Law Number 7 of 2014 concerning Trade. The rules listed are an effort to stop losses for the domestic ceramic industry and new legal products must be immediately presented in the Ministerial Regulation, especially the Minister of Finance and the Minister of Trade so that there is legal certainty.

Priyo Budi Maryoso; Rendi Prayuda; Meita Istianda

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study analyzes the effectiveness of multi-stakeholder collaboration in the implementation of the Complete Systematic Land Registration (PTSL) program in Bunut District, Pelalawan Regency. The PTSL program as a government effort to provide legal certainty over land ownership requires cooperation from various stakeholders in its implementation. With a qualitative approach and case study design, this study uses the collaborative governance framework from Emerson et al. (2012) to analyze three main dimensions of collaboration: principled engagement, shared motivation, and capacity for joint action. Data were collected through in-depth interviews with 27 informants, participant observation, focus group discussions, and documentation studies. The results of the study indicate that multi-stakeholder collaboration in the implementation of PTSL in Bunut District shows varying effectiveness in various dimensions. In the principled engagement dimension, collaboration is quite effective in the aspects of discovery and definition, but is still limited in the aspects of deliberation and determination. In the shared motivation dimension, there are limitations in building mutual trust and understanding between the community and technical agencies. Meanwhile, in the capacity for joint action dimension, there are strengths in the aspects of procedural arrangements and leadership, but significant limitations in the aspects of knowledge and resources. Supporting factors for collaboration include political commitment, community awareness, the role of traditional leaders, effective communication platforms, and academic involvement. Meanwhile, inhibiting factors include differences in interests between stakeholders, limited technical capacity at the village level, communication and coordination problems, historical land complexity, and budget constraints. The study recommends strategies to increase the effectiveness of collaboration through strengthening multi-stakeholder forum institutions, developing technical capacity, increasing transparency and accountability, developing effective conflict resolution mechanisms, strengthening the role of village governments, and allocating adequate resources. The research findings contribute to the development of collaborative governance theory in the Indonesian context, especially in rural areas with unique socio-cultural characteristics.