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Hadya Zuhra; Dahlan Dahlan; Iskandar A. Gani

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

The number of corruption cases in Indonesia continues to increase. The termination of the investigation of alleged corruption at the Aceh Truth and Reconciliation Commission by the Banda Aceh City Resort Police based on a Memorandum of Understanding between the Government Internal Supervision Apparatus and Law Enforcement Apparatus raises problems because it is contrary to the Law on the Eradication of Corruption Crimes which emphasizes that the return of state losses does not erase the crime. This inconsistency raises questions about the validity of stopping corruption cases through the Memorandum of Understanding. This study aims to assess the validity of the Memorandum of Understanding between the Government Internal Supervision Apparatus and the Law Enforcement Apparatus as the basis for stopping corruption cases, as well as to outline the legal process that should be taken by the Banda Aceh City Resort Police. This research uses a normative juridical method with a legislative, case, and conceptual approach, based on secondary data from various legal materials. The analysis was carried out in an analytical descriptive manner. The results of the study show that the Memorandum of Understanding between the Government Internal Supervision Apparatus and the Law Enforcement Apparatus cannot be the basis for the termination of corruption cases at the Aceh Truth and Reconciliation Commission because it is only coordinated, not a source of criminal law. The note is only suitable for use to follow up on reports through audits. In addition, the Banda Aceh City Resort Police should continue the case to the investigation stage because the elements of corruption, evidence, as well as elements of mens rea and actus reus have been fulfilled without any justification or excuse. It is suggested that the memorandum of understanding can only be a coordinating guideline, not a basis for stopping corruption cases. Any report must still be processed, and the Banda Aceh City Resort Police are obliged to continue the investigation even though the state losses have been returned.

Endang Retno Suryowati; I Gusti Ayu Ketut Rachmi Handayani

Prosiding Seminar Nasional Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

TJSL/CSR in Indonesia is regulated as a legal obligation (mandatory) for companies engaged in the natural resources sector. Its success depends on the principle of accountability, which requires transparency and responsibility. This normative-juridical study evaluates the application of accountability principles in the mining sector. Normatively, PP 47/2012 requires CSR to be listed as an expense and focused on sustainable development (PPM). However, this regulation is not robust because it does not set a minimum fund allocation or clear program boundaries, allowing for multiple interpretations. Empirically (Sekotong case study), accountability is implemented in a formalistic manner, consisting only of one-way administrative reports without meaningful participation from the affected communities. A significant weakness is apparent when dealing with the increase in illegal gold mining (PETI) in legal concession areas. This situation results in a vacuum of responsibility. Companies can claim environmental damage caused by PETI, so that responsibility does not successfully ensnare corporate negligence in prevention efforts. The CSR accountability structure in Indonesia is weak because it only emphasizes activities that are carried out, not negligence that is overlooked. Regulatory reform is needed so that accountability includes passive responsibility to ensure that TJSL functions as a significant instrument of sustainable development.

Amaliya, Fadhilatul; Pembayun, Dewi Sekar; Roozan, Tiara Jelita Andalusianti; Aequo, Najwa Justitia; Fathiya, Anindya Rahma

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

The 17+8 demands voiced by the public reflect the accumulation of disillusionment with various government policies and violations committed, especially by the House of Representatives (DPR). Policies that are considered unfair and detrimental to the public trigger a strong push to carry out reforms that are more democratic and oriented towards the interests of the people. Various factors such as human rights violations, lack of transparency and accountability, economic inequality, and polemics related to official allowances are the main triggers for the birth of these demands. The demands of 17+8 not only contain burdens or criticisms, but also contain short-term and long-term goals that can be the basis for improving governance. This momentum should be seen as a strategic opportunity to strengthen democracy, improve state-citizen relations, and restore public trust. If these demands are taken seriously, the government has the potential to reduce the legitimacy crisis and improve the quality of public services. On the contrary, ignoring such demands can deepen public distrust and worsen political stability. Thus, the demands of 17+8 are an important signal for the need for structural change and a real commitment to realizing a fairer, more transparent, and responsive government.

Akrom Maulana W.M; Pramukhtiko Suryo K

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

Advocates are law enforcers whose professionalism depends on a structured organization. Following Constitutional Court Decision No. 112/PUU-XI/2013, advocate organizations in Indonesia have experienced fragmentation (multi-bar). This situation has created disorganization, differing recruitment standards, education, and enforcement of codes of ethics, weakening national oversight of the profession. This study aims to analyze the legal standing and organizational form of the National Advocates Council (DAN) to address this disorganization, specifically in light of Law No. 18 of 2003 concerning Advocates. The method used is normative juridical with a statutory and conceptual approach. The study concludes that to maintain freedom of association and achieve professional unity, DAN should be established as a federation, not a single body (single bar). DAN's primary function is to establish uniform national professional standards, enforce codes of ethics, oversee legal aid, and strengthen the integrity of advocates as law enforcers. The establishment of DAN requires a revision of the Advocates Law to ensure strong legal standing.

Pujangga Candrawijayaning Fajri; Wahyuni, Hesti Ayu; Dewi, Monica Puspa

Nusantara Mengabdi Kepada Negeri 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The purpose of this service is to increase the understanding of students at the Darul Falah Islamic Boarding School in Purwokerto regarding civic politics, which is currently experiencing a rather acute erosion, even tho civic politics is an important aspect of nationhood; it guaranties the right to life, the right to equal treatment and recognition before the law, the right to think, the right to express opinions, and the right to assemble. In this case, the method used is socialization based on a participatory approach thru lectures, discussions, and statements of attitude. The results of this service activity show that after the presentation of material on the history of santri and the rights of citizens, enthusiasm arose among the santri of Pondok Santri Darul Falah Purwokerto regarding the inherent rights and obligations of all citizens. Students can actualize civic politics by integrating religious sciences, such as by contextualizing environmental jurisprudence in response to the massive environmental damage occurring thanks to state policies. This service activity encourages the role of santri in the state, which was initially only stigmatized as being limited to the realm of seeking religious knowledge and preaching.

M. Syam'un Rosyadi; Erfaniah Zuhriah; Ahmad Izzuddin; Hafiza Samath

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

This study aims to analyze the importance of regulating property division agreements as a requirement in polygamy permit applications, using the approach of Aristotle's theory of justice, as well as maqā ṣ id al- syarī'ah in Islamic law. The type of research is normative, which includes conceptual and philosophical analysis of law, as well as comparative research on property regulation practices in the family law system. The study shows that the practice of polygamy tends to result in economic inequality, neglect of the rights of the first wife and children, and legal conflicts related to the ownership and division of joint property. There are two approaches to property division: equal distribution of property and division of property based on contribution. The results indicate that the contribution-based approach is fairer and more relevant to modern society, especially since women are increasingly involved in household expenses. The principle of sadd al-dzarī'ah also states that this agreement is very important as a preventive measure against possible damage that occurs in the household. Practically, this study proposes the implementation of regulations in state law to require property division agreements as a formal requirement in polygamy permit applications. Combining western and Islamic values of justice within a socially just family law framework is the main focus of this research.

Jumain Azizi; Roibin Roibin; Zaenul Mahmudi

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

This study aims to analyze Article 445 paragraph (1) of the Indonesian Criminal Code (KUHP) Number 1 of 2023, which regulates the criminal act of eloping with a young woman. The provision is considered to be in tension with the social and cultural realities of Indonesian society, particularly the people of Lombok who practice the merariq tradition. Merariq is an ancestral customary practice within marriage rituals involving the consensual elopement of the prospective bride as an integral part of the marriage process. This research uses Lawrence M. Friedman’s legal system theory, which examines three main components of law: (1) the substance of law—normative provisions contained in legislation; (2) the structure of law institutions and law enforcement agencies; and (3) the legal culture values, attitudes, and behavior of society toward law. This study is a normative legal research that treats law as norms, principles, doctrines, and rules. The primary legal material is Article 445 paragraph (1) of the Indonesian Criminal Code. The findings indicate that, from the perspective of legal substance, the article remains ambiguous. Its formulation potentially conflicts with Indonesia’s legal culture, which in practice prioritizes familial and traditional mechanisms for resolving private conflicts. Based on these findings, this study recommends a reformulation of the legal substance to make it more responsive to the socio-cultural context. The reformulation should be grounded in the principles of ultimum remedium and restorative justice, providing space for customary law and local culture as legitimate mechanisms to resolve private disputes. This approach is expected to reduce the disproportionate use of imprisonment and position criminal sanctions as a last resort in law enforcement.

Agnes Cipta Permatasari; Anggraeny Puspaningtyas; Eddy Wahyudi

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

The main issues identified in this study include mistargeting of beneficiaries, weak inter-agency coordination, low community participation in the verification process, and a tendency among recipients to rely on cash assistance in a consumptive manner. This research analyzes the scenario planning of the Cash Transfer Program (BLT) in reducing poverty in Surabaya City, particularly in Krembangan District. The program is implemented based on Surabaya Mayor Regulation Number 130 of 2023, which serves as the legal foundation for the regional BLT scheme. Using the Scenario Planning TAIDA model (Tracking, Analysing, Imaging, Deciding, and Acting) by Mats Lindgren and Bandhold (2003) as the analytical framework, this study examines the extent to which planning, decision-making, and implementation processes are able to respond to the socio-economic dynamics of the community. Employing a descriptive qualitative method, data were collected through interviews, observations, and documentation. The findings indicate that BLT plays a significant role in supporting low-income households and reducing poverty rates; however, challenges persist, including limited community engagement, weak inter-agency coordination, and non-productive use of assistance. The scenario planning approach is considered effective in helping the government design more adaptive, participatory, and sustainable policy strategies. It is expected that the BLT program will not only serve as a short-term intervention but also become a strategic instrument in promoting independence and improving the welfare of poor communities in Surabaya.

Aiman Sabar Rezeky

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

The livestock sector in Gowa Regency, South Sulawesi, has great potential but is often threatened by outbreaks of Foot and Mouth Disease (FMD), which cause significant economic losses. This study aims to evaluate the FMD control policies implemented by the Gowa Regency Government based on William Dunn's six policy evaluation criteria: effectiveness, efficiency, adequacy, equity, responsiveness, and accuracy. The study used a qualitative approach with primary data collected through in-depth interviews with key informants from the Livestock and Animal Health Division of the Gowa Regency Livestock and Plantation Service and supporting data from various literature. The findings show that the FMD control policy is effective in achieving zero cases, but efficiency is hampered by limited medical personnel (only two veterinarians) and operational budget dependence entirely on the Central Government. Vaccine adequacy is a pull sistem (demand-driven) and compensation distribution is carried out fairly. Community responsiveness increased after severe losses, and policy accuracy was considered most optimal in the implementation of biosecurity and sanitation while promoting vaccination. As a recommendation, the Gowa Government needs to recruit contract workers in the field of animal health, allocate funds for the procurement of operational vehicles and equipment to support laboratory facilities, and issue a Regent Regulation that strictly regulates the implementation of biosecurity and livestock housing patterns in high-risk areas.

Joti Dyana Handayani; Doddy Hendro Wibowo

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

Quarter life crisis is a phase of identit, emotional, and life purpose crisis commonly experienced during early adulthood, especially when faced with pressure related to life achievements, employment, and social expectations. this study aims to describe the dynamics of quarter lufe crisis experienced by unemployed Javanese young adults. a qualitative approach using a case study method was employed to understand the participants subjective experiences. Data were collected through in depth interview with three informants aged 18-29 ears, residing in Central Java, who were currently unemployed. The findings show that these young Javanese individuals tend to experience symptoms of quarter life crisis such as anxiety about the future, feelings of worthlessness, social pressure from family and surroundings, and confusion about life direction. Moreover, the patriarchal nature of Javanese culture adds further pressure on the informants. This study concludes that the quarter life crisis among Javanese young adults has unique characteristics shaped by cultural context and socioeconomic conditions. These findings are expected to serve as a foundation for developing more culturally contextual psychological interventions and contribute to cross cultural studies on early adulthood development.

Elsa Aurelia Margareta; Anggraeny Puspaningtyas; Eddy Wahyudi

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

This study aims to analyze and explain in greater detail the influence of service quality in managing the Business Identification Number (NIB) through the Online Single Submission (OSS) system on public satisfaction at the Investment and One-Stop Integrated Service Office (DPMPTSP) of Gresik Regency. A quantitative research method was employed, using a structured survey design and distributing questionnaires to 105 respondents who had directly utilized and experienced the OSS service. Service quality was measured using the SERVQUAL dimensions tangible, reliability, responsiveness, assurance, and empathy while public satisfaction was assessed based on indicators derived from the Regulation of the Minister of Administrative and Bureaucratic Reform No. 14 of 2017. The collected data were analyzed using simple linear regression to identify the extent of the relationship between variables. The results indicate that service quality has a positive and significant effect on public satisfaction. This means that better, more consistent service quality will increase user satisfaction. The findings confirm that strengthening service quality is essential for improving overall public service performance, especially in digital-based licensing systems.

Syaiful Syaiful; Maudhy Satyadharma

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

Transportation development is a key foundation for increasing economic growth, regional connectivity, and the quality of public services. In Southeast Sulawesi, Governor Andi Sumangerukka's vision of "Advanced, Safe, Prosperous, and Religious" demands a transportation transformation that focuses not only on physical development but also on governance, technology, sustainability, and the socio-cultural values ​​of the community. This article presents a critical review of this vision and mission by examining the readiness of the transportation sector, the role of the Provincial Transportation Agency, the opportunities and challenges of transformation, and policy recommendations. This study employed a qualitative approach. The research activities were conducted at several transportation infrastructure facilities under the jurisdiction of the Southeast Sulawesi Provincial Transportation Agency for two months, from September to October 2025. The study shows that although the development direction reflects the strategic needs of the archipelago, significant challenges remain, such as inter-island connectivity, gaps in transportation services, data digitization, and a culture of safety. Pentahelix-based, ecological, and technology-based transportation reforms are key to achieving the regional development vision.

Putriani Ndruru; Rahmayanti Rahmayanti; Ismaidar Ismaidar

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

Sexual violence within the family is a serious criminal act that not only violates the law but also causes profound physical and psychological suffering for victims. The complexity of such cases increases as the perpetrators are often close family members, resulting in trauma and obstacles in law enforcement. Decision Number 2068/Pid.Sus/2020/PN.Medan serves as the basis for analyzing the extent to which legal protection can be provided to victims. The research problems addressed are: (1) what forms of legal protection are available for victims of sexual violence within the family under Indonesian positive law, and (2) how such protection is implemented in Decision Number 2068/Pid.Sus/2020/PN.Medan. The research method applied is normative juridical with statutory, conceptual, and case study approaches. Data sources include legislation, legal literature, and court decision analysis. The findings reveal that legal protection for victims is regulated under the Child Protection Law, the Criminal Code, and other legal instruments emphasizing preventive, repressive, and rehabilitative measures. The Medan District Court imposed a severe sentence on the perpetrator in accordance with the law; however, protection for victims remains limited to formal aspects without comprehensive psychological recovery programs. In conclusion, the protection of victims of sexual violence within the family has been clearly regulated on a normative basis, but its implementation remains weak. Greater collaboration between law enforcement authorities, child protection institutions, and professionals is necessary to ensure the holistic recovery of victims.

Krisboy Joe Valentino Purba; Fenty U. Puluhulawa; Dian Ekawty Ismail

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

The purpose of this writing is to analyze the enforcement ideally of the criminal act of agreement with a series of lies. This type of research is normative legal research with a legislative approach, a case approach and a conceptual approach. The analysis used in this research is descriptive analysis. The results of the study show that the ideal law enforcement against the crime of agreement with a series of lies must at least pay attention to three main aspects, namely certainty, justice and utility. Therefore, regulatory reconstruction is needed to clarify norms regarding the difference between defaults and fraud, standardize technical guidelines for special investigation of cases of agreements with lies so that the apparatus has a uniform size, strengthen the role of prosecutors in discretion, be able to resolve cases through restorative justice and strengthen legal understanding for the public through legal education or socialization.

Diva Raniza; M. Indra Pratama; Roger Alfiano; Rizha Claudilla Putri

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

This paper explores the involvement of International Civil Law in the implications of foreign divorce on land rights by paying attention to the principles contained in International Civil Law. In terms of writing, the author will analyze Decision No. 19/Pdt.G/2014/PN.Sgr. as a review of facts that will be analyzed in accordance with the scope of International Civil Law using relevant research methods. The author reviews that the research method used to compile this writing is juridical-normative based on the applicable laws and regulations and in accordance with what is the subject of discussion. In addition, this paper also pays attention to the theory of legal protection by Philipus M. Hadjon and the principles contained in International Civil Law as supporting aspects in the preparation of this analysis. To strengthen the argument, the author also compares several provisions related to the status of land ownership by foreign parties and the application of pre-marriage agreements as an alternative settlement. The final result of this writing will highlight the correctness of the judge's decision based on the author's analysis and provide suggestions that are considered relevant as solutions that can be offered.

Martina Martina

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

This study discusses the application of the law to the alleged facilitation of online gambling transactions by PT Espay Debit Indonesia Koe (DANA), which allegedly distributed funds of IDR 5.37 trillion in illegal activities. This case is in the spotlight because it shows the weakness of the digital financial supervision system in Indonesia and raises questions about the limits and forms of legal accountability of fintech operators in preventing misuse of services. The research method used is normative juridical with a descriptive qualitative approach, using primary, secondary, and tertiary legal materials to analyze applicable regulations and supervisory practices. The results of the study show that although DANA does not directly commit a criminal act of gambling, negligence in implementing transaction supervision mechanisms, including monitoring suspicious transaction patterns, can give rise to certain forms of legal liability. These findings underscore the importance of prudence and compliance with anti-money laundering regulations in fintech operations. This study recommends strengthening fintech regulations, implementing stricter Know Your Customer (KYC), increasing synergy between OJK, PPATK, and the Police, and establishing a more integrated and responsive digital transaction supervision system to prevent similar crimes in the future.

Bambang Aditio; Aldri Finaldi; , Roberia Roberia

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

This study discusses the relationship between administrative discretion and public service quality within the framework of street-level bureaucracy theory. In public administration practice, implementing officials are often faced with tensions between compliance with formal rules and the dynamic needs of the community. These conditions make discretion an important instrument for adjusting policies to the realities on the ground. This study uses a literature review of various studies from 2010 to 2025 to identify patterns, dynamics, and implications of the use of discretion by implementing bureaucrats. The results of the study show that discretion allows the bureaucracy to be more adaptive, empathetic, and responsive to citizens' needs. However, without strong oversight and administrative ethics, discretion can lead to bias, injustice, and opportunities for abuse of authority. Factors such as public service motivation, professional competence, organizational culture, and political pressure have a significant influence on how discretion is applied. Thus, improving the quality of public services requires a balance between administrative control and professional trust through accountability systems, ethical oversight, and adaptive but law-based policies.

Dewi, Anggraeni Puspa; Suhariyanto, Didik; Hartana Hartana

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

This study aims to analyze the legal consequences arising from changes to personal data made by data subjects on the validity of collateral that has been used as security for credit, as well as to examine the forms of legal protection that may be granted to creditors. Changes to personal data such as identity, address, and the debtor’s legal status may lead to legal uncertainty regarding the validity of credit security agreements, particularly those involving Hak Tanggungan (mortgage rights). In this research, the author employs a normative juridical method using statutory and conceptual approaches. The findings of this study show that changes to personal data without notification or updates to the security documents have the potential to create administrative discrepancies and legal risks for creditors during the execution of the collateral. Legal protection for creditors needs to be strengthened through the regulation of the debtor’s obligation to report any changes in personal data, updates to the security certificates, and clear provisions outlined in the credit agreement. Accordingly, legal certainty between the creditor and the debtor can be maintained in line with the implementation of Law Number 27 of 2022 on Personal Data Protection.

Randy Vallentino Neonbeni; Lego Karjoko; Pujiono Suwadi

Prosiding Seminar Nasional Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Inclusive policies are a must in governance, especially at the village level that deals directly with indigenous communities. Formal recognition of customary law in the determination of village boundaries under the national legal framework is crucial to create agrarian justice and legal certainty; Its relevance focuses on the importance of local wisdom accommodation and the structure of indigenous peoples as legal subjects entitled to their territories; The final goal of this study is to formulate a model of harmonization of positive law and customary law for the determination of participatory and equitable village boundaries; The main legal basis includes the 1945 Constitution Article 18B Paragraph (2) and Law (UU) Number 6 of 2014 concerning Villages; and Regulation of the Minister of Home Affairs Number 45 of 2016 concerning Guidelines for the Determination and Affirmation of Village Boundaries. This research uses a normative juridical method with a legislative and conceptual approach; The conflict resolution offered is through a consensus deliberation mechanism facilitated by the local government while still upholding the rights of indigenous peoples.  

Koroh, Yan Agustinus; Hage, Markus Yohanis; Yohanes, Saryono

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

The dominance of the political party elite (oligarchy) in Indonesia's representative democracy system has shifted the meaning and implementation of the constituent recall doctrine. Although Article 1 paragraph (2) of the 1945 Constitution affirms that sovereignty resides with the people, in practice the recall mechanism is not a constituent right, but rather the exclusive authority of political parties. This study uses a normative legal method with a legislative, conceptual, and comparative approach. The research data was obtained from primary legal materials (the 1945 Constitution, Law Number 2 of 2008 concerning Political Parties, Law Number 2 of 2011 on Amendments to Law Number 2 of 2008 on Political Parties, Law Number 7 of 2017 on General Elections,  Law Number 17 of 2014 on the MPR, DPR, DPD, DPRD (MD3), as well as secondary legal materials in the form of books, scientific journals, and opinions of constitutional law experts. The results of the study show conceptual reduction, namely the transfer of the people's right to revoke the mandate of their representatives to the parties, and categorical reduction, namely the narrowing of the function of recall to an internal party disciplinary tool. The applicable regulations, particularly MD3 Law, give excessive privileges to political parties, thereby severing the substantive relationship between representatives and constituents. This study proposes a participatory and accountable constituent recall   model, with the right of initiative in the hands of the people through public petitions, verification by an independent institution, and a final decision through a real election.