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Nabilah Rahmawati; Balqis Athyan Thadika Marchtika; Aulia Nur Azizah; Salsabila Firdaus

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

With the rise in human migration across national boundaries in the age of globalization, the issue of dual citizenship has become more and more important. Dual citizenship brings up a number of issues in the context of international law about legal status, diplomatic protection, and allegiance to both the nation of origin and the nation of residence. Increased cross-border social interactions that push people to hold several citizenships, technological improvements, and increased global economic integration have all complicated this dynamic. As a nation that upholds the idea of a single citizenship, Indonesia has trouble aligning its national laws with the shifting global legal framework, which governs things like dual citizenship, migration, and statelessness. is often more accepting of the practice of dual citizenship. From an international law standpoint, this research seeks to examine the subject of dual citizenship and its consequences for Indonesia's citizenship legislation and legal system. With a juridical-comparative examination of international legal instruments, scholarly publications, and applicable national legislation, the study uses a normative methodology. The results show that Indonesia's single citizenship concept conflicts with the worldwide trend that prioritizes human rights, diverse identities, and diaspora protection. Indonesia, according to the research, should think about changing its citizenship laws to take into account global concerns while still protecting its sovereignty, national stability, and core national values.

Sabardin, Sabardin; Rahman, Muhammad Sabir; Syahril, Muh. Akbar Fhad; Wiwin, Wiwin; Tijjang, Bakhtiar

DINAMIKA HUKUM 2025 Universitas Stikubank

This study analyzes the legal position of the captain in the structure of maritime employment relations with a case study at PT. Kembang Mekar Indah, which highlights the gap between the normative provisions in the Commercial Code (KUHD), Law Number 17 of 2008 concerning Shipping, and the Maritime Labor Convention (MLC) 2006 with the implementation practices in the field. This study uses a normative-empirical legal method through literature studies and interviews with captains and company representatives, analyzed qualitatively-descriptively to compare legal norms and empirical reality. The results of the study indicate that maritime employment agreements still place captains on an equal footing with ordinary workers even though the legislation confirms their position as the highest leader on board and the legal representative of the ship owner. Empirical findings show that the fulfillment of the captain's rights to salary is 80%, work facilities 60%, legal protection 40%, and regulatory socialization only 20%, indicating an imbalance in legal protection and weaknesses in the substance of the employment contract. Therefore, it is necessary to reformulate the shipping legal system by improving maritime work agreements, strengthening the role of harbormasters, and harmonizing national regulations with the 2006 MLC standards in order to create maritime work relations that are professional, fair, and adaptive to international maritime law.

Nefrisa Adlina Maaruf; Abdul Kholib; Beniharmoni Harefa

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

This study examines the changes in the authority of the Professional Disciplinary Council (Majelis Disiplin Profesi, MDP) under Law Number 17 of 2023 concerning Health and their implications for legal certainty for medical and health professionals. Although these changes are intended to improve the professional disciplinary system, they have resulted in the centralization of authority under the Ministry of Health, including the appointment of members, institutional formation, and the process of judicial review of MDP decisions. Furthermore, MDP recommendations can now serve as a basis for criminal investigations against medical and health personnel, which contradicts the original function of the MDP as an institution for enforcing ethics and professional discipline based on due process of ethics. This research employs a normative juridical method with a descriptive-analytical and case study approach, supported by expert interviews in health law. Theoretical frameworks used include the Theory of Legal Certainty, the Theory of Human Rights, and the Theory of Legal Protection. Findings indicate that the centralization of authority under the Ministry of Health has created a power imbalance in professional oversight. This has negative implications for legal protection, increasing the risk of conflict of interest, abuse of authority, and weakening legal certainty for medical and health professionals. Therefore, it is necessary to revise Law No. 17 of 2023 and Government Regulation No. 28 of 2024 to restore the independence of the MDP and ensure a proportional redistribution of authority within the health professional oversight system.

Hana Aurelia; Dwita Tarisa Putri; Zahra Aurrelia

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

The practice of naming rights through trademark licensing agreements on public facilities has become a common commercialisation strategy in Indonesia. However, when the object of naming rights is a public facility with cultural heritage status, legal uncertainty arises due to the absence of specific regulations governing the intersection between Law No. 20 of 2016 concerning Trademarks and Geographical Indications and Law No. 11 of 2010 concerning Cultural Heritage. The objective of this study is to analyse the regulation of naming rights on public facilities with cultural heritage status and to identify any differences in the application of trademark law in the cases of Semarang Tawang Station and Cirebon Kejaksan Station. The study employs a normative juridical method, utilising secondary data collection techniques and is supported by tertiary legal materials, employing a legislative, analytical and comparative approach. The results of the study indicate a discrepancy in the regulatory framework for naming rights concerning cultural heritage, leading to legal ambiguity due to inconsistent implementation. This is exemplified by the contrasting outcomes at Semarang Tawang Station, where the naming rights agreement with Bank Jateng was successfully executed, and at Cirebon Kejaksan Station, where the agreement was terminated despite both stations possessing cultural heritage status. The study recommends the introduction of comprehensive special regulations to harmonise the protection of exclusive trademark rights with the preservation of the identity and historical value of cultural heritage sites.  

Yuliono Evendi; Agustina Ace Wagena

Coram Mundo : Jurnal Teologi dan Pendidikan Agama Kristen 2025 Sekolah Tinggi Teologi Injili Arastamar (SETIA) Ngabang

The statement of Jesus in Luke 18:16, “Let the little children come to Me, and do not hinder them,” contains a theological message that remains relevant for the church throughout the ages. This study aims to examine the meaning of this phrase through a biblical exegesis approach, considering the historical, grammatical, and theological context of the Gospel of Luke. The research employs a qualitative method with historical-grammatical hermeneutics and a literature review on children’s ministry from a New Testament perspective. The findings indicate that the phrase emphasizes Jesus’ indiscriminate acceptance of children as full members of the faith community while rejecting any structural, cultural, or spiritual barriers that diminish the value and rights of children in congregational life. The implication for the contemporary church is the need to develop an inclusive, holistic, and child-friendly ministry in liturgy, education, and spiritual formation, as well as to remove obstacles that may hinder the spiritual growth of children. Thus, the message of Luke 18:16 provides a strong theological foundation for building a church that honors and empowers children as heirs of the Kingdom of God.

Catherine Regina Widyasari; Sutarno Sutarno; Mohammad Zamroni

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

Hospitals, as healthcare institutions, bear the responsibility of delivering safe, high-quality, and patient-centered services. Hospital accreditation serves as a crucial mechanism to ensure service quality and legal protection for patients, particularly in medical dispute cases. This study aims to analyze the impact of accreditation on patient legal protection, both preventively and repressively. The research employs a normative legal method with statutory and conceptual approaches, utilizing primary, secondary, and tertiary legal materials. Data were analyzed through document studies covering Law Number 17 of 2023 on Health, government regulations, presidential regulations, and technical regulations from the Ministry of Health regarding accreditation standards and procedures. The findings indicate that accreditation functions as a continuous evaluation mechanism to ensure medical services comply with safety standards and clinical governance, strengthens patients’ rights to information, informed consent, and quality care, and reduces the risk of medical disputes. However, implementation challenges exist, including limited resources, compliance performed as formalities, and inconsistent supervision. Therefore, accreditation is not merely an administrative symbol but a strategic legal instrument that enhances patient safety culture and hospital accountability, ensuring that healthcare delivery meets professional, ethical, and legal standards.

Regar Vina Febrina; Muldiana Muldiana; Maria Kristin Ningrum; Ananda Nurul Hidayah; Arifin Eka Putra

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Israel–Palestine conflict continues to generate widespread human rights violations, yet international responses are often fragmented due to the political dominance of developed nations, raising critical questions about the effectiveness of human rights protection. This study aims to conduct an in-depth analysis of how such dominance, particularly the use of veto power in the UN Security Council and the provision of direct political and military support, it affects the asymmetry of civilian protection and delays the cessation of hostilities. Using a doctrinal method with normative–qualitative analysis of resolutions, official reports, and global justice frameworks, this research also evaluates the effectiveness of normative diplomacy carried out by Indonesia and the Organization of Islamic Cooperation (OIC) in promoting ceasefires, accountability, and victim recovery. The findings indicate that vetoes and material support create systemic barriers to compliance with humanitarian law, significantly weakening efforts to protect human rights. Nevertheless, Indonesia’s and the OIC’s consistent diplomacy contributes to mobilizing international support, although their policy leverage remains limited in the absence of concrete enforcement mechanisms. The main implication of this study underscores the urgent need for a stronger architecture of global compliance, including restrictions on arms support that prolong conflict, conditioning international aid on human rights compliance, ensuring humanitarian access, and reinforcing the implementation of rulings and provisional measures of international judicial bodies, in pursuit of effective accountability and human rights protection.

Muhammadong Muhammadong

Jurnal Budi Pekerti Agama Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Sustainable development is now a very important worldwide issue since it is important for the health of future generations without harming the environment or generating social injustice. In this context, the Maqāṣid al-Syarī‘ah method can provide an essential foundation for fostering sustainable development, grounded in the principles of Islamic law. This study seeks to examine the correlation between Maqāṣid al-Syarī‘ah and sustainable development through the lens of Islamic law. The methodology employed is a literature research utilizing a normative-qualitative approach, examining both primary and secondary texts pertinent to Islamic law and Maqāṣid al-Syarī‘ah. The study's findings indicate that Maqāṣid al-Syarī‘ah, which emphasizes the safeguarding of religion, life, intellect, lineage, and wealth, corresponds with the objectives of sustainable development, including social justice, environmental conservation, and economic empowerment. Further debate indicates that the incorporation of Maqāṣid al-Syarī‘ah principles into sustainable development strategies can establish an equilibrium between economic advancement and the safeguarding of human rights and the environment. In conclusion, the implementation of Maqāṣid al-Syarī‘ah in sustainable development can fortify a just and enduring legal framework and offer a resolution to the contemporary global difficulties confronting the world.  

I Dewa Made Satya Dwisadewa; Dewa Ayu Putri Sukadana; I Gede Agus Kurniawan; Ni Putu Sawitri Nandari

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

Businesses build trademarks to promote products or services while maintaining their reputation and competitiveness. However, the practice of using well-known brands without the license owner's permission is still found. The case of counterfeiting the Arc'teryx brand by PT ATX Asia Sport Products demonstrates a violation of the exclusive rights of the brand owner. This study aims to analyze law enforcement against the circulation of counterfeit Arc'teryx products in Bali based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications and review the role of the TRIPs Agreement in protecting brands in Indonesia. The method used is normative with a literature review of laws, books, journals, and literature related to unauthorized trademark infringement. The results show that the use of the Arc'teryx brand without official permission confirms the weak supervision and law enforcement of foreign brands that have not been registered in Indonesia. Although the first-to-file system applies, Indonesia still provides legal protection for foreign brands through its membership in the Paris Convention and the TRIPs Agreement. This study emphasizes the need to strengthen the role of the Directorate General of Intellectual Property Rights (DJKI), the Commercial Court, and increase public legal awareness to prevent trademark infringement and create legal certainty for rights owners and consumers.

Nirmala Suci Paramesti; Afthina Aulya Fatma; Rifa Ardian Fahreza

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Mixed marriages are a social phenomenon that is increasingly prevalent with globalization and mobility between countries. The problems arising from mixed marriages not only concern social aspects but also impact the citizenship status and inheritance rights of the parties. This study aims to analyze the legal consequences of mixed marriages on citizenship and inheritance rights from the perspectives of civil law and Islamic law. The method used is normative-comparative research with a legislative and conceptual approach. The results reveal fundamental differences between civil law and Islamic law in regulating citizenship and inheritance rights in mixed marriages. Civil law emphasizes administrative and national aspects, while Islamic law focuses on religious and lineage aspects. These differences lead to variations in the recognition of citizenship and inheritance of property, potentially creating legal uncertainty for the parties. Therefore, harmonization between civil law and Islamic law is essential to create legal certainty and justice, particularly in the context of inter-national and inter-religious marriages in Indonesia

Dari Setiawati; Taufiq Hidayatullah; Zomratus Sa’adah

Jurnal Inovasi Sosial dan Pengabdian 2025 Lembaga Pengembangan Kinerja Dosen

Early marriage and divorce at a young age are among the most prevalent social problems among adolescents. A lack of understanding regarding marital loneliness, coupled with a lack of religious knowledge and life skills, often leads to marriages being faced without proper preparation. This situation necessitates strengthening premarital education literacy, which not only equips the cognitive aspect but also instills values ​​of balance through the concept of moderation. This study focuses on strengthening premarital education literacy without moderation as an effort to mitigate early divorce among adolescents at the Darul Ihsan Islamic Boarding School. The study focuses on how the premarital literacy program, based on the rights and obligations of couples, improved (80%) and family communication skills (78%), based on pre-test and post-test results. Using qualitative descriptive methods through observation, interviews, and documentation, this study found that premarital education literacy without moderation has a positive impact on improving adolescents' readiness for marriage. In addition, this program has also proven relevant in efforts to reduce the risk of early divorce which often arises due to a lack of mental and spiritual readiness among young couples.

Nafna Dhini Harisha; Kharisma Kusuma Dewi; Hanifah Ramadani Oktafiani; Nur Sholikhah

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Human mobility between countries has become an inevitable phenomenon in an increasingly open era of globalization. One of the tangible consequences of this mobility is the increasing number of mixed marriages between Indonesian citizens and foreign nationals. Although mixed marriages are a great way to interact across the globe, they often cause difficult legal problems, especially regarding the citizenship status of children born from these marriages. Children may be at risk of statelessness, or without citizenship, if the legal systems and principles between countries differ. This contradicts the principle of protection of human rights in international law. The purpose of this study is to examine the regulation of citizenship for children born to mixed marriages from an international law perspective. In addition, this study also investigates its relationship with Indonesian national law, particularly Law No. 12 of 2006 concerning Citizenship of the Republic of Indonesia and other related legal instruments. To gain a better understanding of the compatibility between national legal practices and international standards, a legislative, case, and comparative approach was used in this study. The results of the study show that, although Indonesia has adopted several principles of international law to prevent loss of citizenship and grant limited dual citizenship recognition to children born of mixed marriages, there is still a gap between the normative and its implementation. This discrepancy can lead to legal uncertainty and reduce the protection of children's rights. In conclusion, this study emphasizes that national and international law in the field of citizenship must be harmonized to build a legal system that is responsive, fair, and in line with global societal progress, as well as to protect children's rights at the international level.

Bassaf Rizky Iqbal Bagaskara

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

The principle of proportionality plays an important role in ensuring a balance of rights and obligations between the parties to a reciprocal agreement. In the context of Indonesian contract law, this principle serves as a mechanism to prevent imbalances that could harm one of the parties, especially in commercial and complex contracts. This study uses a normative juridical approach with a literature review method, which involves analysis of relevant laws and regulations and case studies. This approach allows researchers to explore the application of the principle of proportionality in various types of reciprocal agreements, including franchise agreements and construction service contracts. For example, a study by Susanto et al. (2021) highlights how the principle of proportionality is applied in construction service contracts to ensure a fair distribution of responsibilities between contractors and clients. The results of the analysis show that the consistent application of the principle of proportionality can improve fairness in contractual relationships. In franchise agreements, the application of this principle helps to create a balance between the rights and obligations of the franchisor and franchisee, who often have different bargaining positions. Thus, the principle of proportionality serves not only as a legal principle, but also as a practical tool for achieving fairness in contractual practice

Santoso Budi Nursal Umar; Waluyo Slamet Pradoto

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

This research discusses the Constitutional Court Decision Number 90/PUU-XXI/2023 regarding the minimum age requirement for presidential and vice-presidential candidates as stipulated in Article 169 letter q of Law Number 7 of 2017 concerning General Elections. In that decision, the Constitutional Court ruled that the age limit of 40 years remains in effect, but with an exception for candidates who are not yet 40 years old but have previously or are currently serving as regional heads. This research employs a normative juridical method with legislative and conceptual approaches, analyzing primary legal materials such as the 1945 Constitution, Election Law, and Constitutional Court decisions, supported by secondary legal materials from academic literature and journals. The research findings indicate that the Constitutional Court's considerations are based on the principles of citizens' constitutional rights, open legal policy, and the idea of leadership experience as an alternative age requirement. This decision has positive implications, including opportunities for leadership regeneration and increased political participation by young people, but it also draws criticism for its potential to discriminate against non-regional leaders and create political suspicion. Therefore, a revision of the Election Law is needed to clarify the legal norms resulting from the Constitutional Court's decision so that it does not lead to multiple interpretations and maintains the principle of equality. This research concludes that the Constitutional Court's decision is an opportunity to strengthen democracy, but also a challenge in ensuring constitutional justice in Indonesia.

Adhitya Junjun Juniar

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

Contract law serves as a fundamental pillar of the modern legal system, regulating relationships and interactions between parties involved in various economic and business transactions. A contract functions as a legal instrument that ensures certainty, fairness, and the protection of rights and obligations among the parties. This paper provides an in-depth analysis of the essential principles of contract law, such as the principles of freedom of contract, consensualism, good faith, and pacta sunt servanda, as well as their practical implementation within the Indonesian business context. Furthermore, this study discusses common challenges in the application of contract law, including unequal bargaining positions, contract breaches, and difficulties in law enforcement. The discussion also explores mechanisms for resolving contractual disputes, both through litigation and alternative dispute resolution methods such as mediation and arbitration. This research aims to provide a comprehensive understanding of how contract law functions not only as a binding legal framework but also as an instrument to promote equitable, transparent, and sustainable business relationships.

Bunga Rahma; Nunung Rodliyah; Elly Nurlaili; Kasmawati Kasmawati; Sayyidah Sekar Dewi Kulsum

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

This study discusses the judge’s considerations in rejecting a marriage annulment lawsuit due to coercion, as stated in the Religious Court Decision of Tanjung Karang Number: 1109/Pdt.G/2023/PA.Tnk. The lawsuit was filed by a wife who claimed she was forced into marriage due to threats from her parents, thus requesting an annulment based on Article 27 paragraph (1) of Law Number 1 of 1974 on Marriage. However, the panel of judges rejected the claim. This research aims to examine the legal reasoning behind the judge’s rejection of the annulment and the legal consequences resulting from the decision. The study employs a normative and empirical legal approach with a descriptive qualitative method, using primary legal materials such as legislation and court rulings, as well as secondary data from legal literature and interviews. The results show that the judges rejected the claim because the alleged coercion was not proven to constitute an unlawful threat as defined by law, and the marriage was conducted validly according to legal and religious provisions. The legal implication of this rejection is that the marriage remains valid and binding, and all legal rights and obligations between husband and wife continue to apply.

Geri Ardji Novandi

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

Child exploitation is a serious issue that threatens the fulfillment of children's fundamental rights and impacts their physical, psychological, and social development. This study aims to analyze the role of law in preventing child exploitation through an examination of regulations and criminal law enforcement in Indonesia. The method used is normative juridical research with a descriptive qualitative approach, supported by empirical data from interviews with law enforcement officers and child protection agencies. The results of the study indicate that although Indonesia has a comprehensive regulatory framework, such as Law Number 35 of 2014 concerning Child Protection and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, its implementation still faces various challenges. These obstacles include weak coordination among institutions, limited capacity of law enforcement officers, low public awareness, and the persistent social stigma against child victims. This study emphasizes the importance of strengthening the capacity of officers, applying a restorative approach, fostering synergy among institutions, and public education to build an effective, integrative, and sustainable child protection system.

Lisa Fitria Pusphita

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

A contract is an agreement between two or more parties that creates legal rights and obligations to perform or refrain from performing certain actions. In business practice, a contract serves as a legal instrument that ensures certainty, fairness, and protection for all parties involved. To regulate these legal relationships, a comprehensive understanding of contract law is required as the juridical foundation for drafting and executing agreements. A valid contract must not only fulfill formal and material requirements as stipulated in the Civil Code but also be based on several fundamental legal principles, including the principle of freedom of contract, consensualism, pacta sunt servanda, good faith, and personality. Moreover, the contract formation process consists of several stages: the pre-drafting stage, the drafting stage which involves the structure and anatomy of the contract, and the post-drafting stage which focuses on the implementation and evaluation of the agreement. In its execution, disputes may arise; therefore, appropriate dispute resolution mechanisms such as negotiation, mediation, arbitration, or litigation are essential. A comprehensive understanding of these principles and stages in business contract formation is crucial to ensure that every agreement created is valid, fair, and effective for all parties.

Hansed Pither Lasa; Sufiarina Sufiarina; Riana Wulandari

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Termination of employment is one of the most common occurrences in industrial relations. In practice, the implementation of workers' rights after termination, particularly those related to severance pay, does not always proceed in accordance with applicable legal provisions or mutually agreed terms. This study aims to analyze the settlement of remaining severance pay claims based on an agreement between the workers and PT. Nusa Halmahera Minerals. This study uses a normative juridical method with a Data was obtained through literature studies, legislation, and mutual agreement documents. The results of the study show that there are delays and inconsistencies in the implementation of severance pay as stated in the mutual agreement. The settlement was mostly non-litigious through mediation at the Manpower Office, but did not result in the full fulfillment of rights. This shows the weak bargaining position of workers in the implementation of collective labor agreements, as well as the need to strengthen legal mechanisms for sanctions against companies that fail to fulfill their obligations.

Naiborhu, Yoshua Putra Dinata

DINAMIKA HUKUM 2025 Universitas Stikubank

The absolute nature of moral rights creates practical legal issues. Under the concept of a sales agreement, the ownership of the sold object is transferred from the seller to the buyer. Conversely, the concept of moral rights, as stipulated in Law Number 28 of 2014, dictates that moral rights cannot be transferred for any reason whatsoever as long as the creator is alive. The conceptual and juridical ambiguity arises from the contradictory nature of a copyright and/or copyrighted work sales agreement versus the absolute status of moral rights. The research methodology employed in this study is the normative juridical method. This method focuses on analyzing legal norms related to moral rights and sales agreements, specifically referencing Law Number 28 of 2014 (Copyright Law) and the Civil Code (Kitab Undang-Undang Hukum Perdata). Normatively, the creator's moral rights are perpetual and non-transferable to other parties, in accordance with the mandate of Law Number 28 of 2014, Articles 5 and 57. Nevertheless, within the context of private law, Article 5 of Law Number 28 of 2014 grants the creator the freedom to either maintain or waive these rights. If the agreement is reached consensually, the principle of pacta sunt servanda is applicable between the contracting parties. A clause involving the assignment of moral rights can render the agreement voidable (vernietigbaar) if it involves a violation of the subjective requirements (consent and legal capacity). This is particularly true if the consent was obtained through an abuse of circumstances (penyalahgunaan keadaan). A violation of this requirement indicates that the consent provided by the creator was not free and consensual.