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Olive Ozora Tesalonika Simanjuntak; Agus Mulya Karsona; Sherly Ayuna Putri

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

Indonesia is a country with a high level of labor-related issues, particularly in relation to the protection and fulfillment of workers’ rights. Common problems include termination of employment, unpaid wages, and inadequate severance payments. One such case is the bankruptcy petition filed against PT. Setiaji Mandiri, which serves as the focus of this study. The objective of this research is to analyze the legal considerations behind the Commercial Court’s decision to grant the bankruptcy request and its implications for labor rights. This study employs a normative juridical method by analyzing relevant legislation and court rulings, particularly referring to Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations, and Law No. 2 of 2004 on Industrial Relations Dispute Settlement. The findings show that PT. Setiaji Mandiri had indeed made efforts to settle its financial obligations, but these efforts were deemed insufficient by the court, leading to the acceptance of the bankruptcy petition. However, a key issue that emerged was the absence of debt registration with the Industrial Relations Court (PHI), which is mandated by law in cases involving employment disputes. According to the prevailing labor laws, the PHI must first determine the amount of severance pay owed to employees, which can then be used as a reference in bankruptcy proceedings. The study concludes that there was a procedural oversight in the handling of labor claims in this bankruptcy case. It emphasizes the importance of adhering to legal mechanisms that protect workers’ rights and recommends stricter coordination between commercial and labor courts to prevent similar issues in the future.

Sinta Juliyanti

Prosiding Seminar Nasional Ilmu Manajemen Kewirausahaan dan Bisnis 2025 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

Empowering women through the development of home-based industries plays a crucial role in improving household welfare and strengthening community-based economies in Papua. This study aims to analyze the triple role of Indigenous Papuan Women (OAP) in the D’TOMU Home Production in Sebyar Rejosari Village, Tomu District, Teluk Bintuni Regency, and to evaluate the implementation of Regional Regulation No. 1 of 2019 concerning the Recognition and Protection of Indigenous Peoples’ Rights. This research employs a qualitative method using in-depth interviews, observations, and documentation with ten key informants, including OAP women, community leaders, and production facilitators. The findings indicate that the home production initiative has a significant positive impact on three main aspects: (1) better time management balance in handling domestic, productive, and social roles; (2) increased household income by 25%–35% through product diversification such as sago flour, keladi chips, fish crackers, shrimp crackers, and traditional Papuan handicrafts; and (3) improved social recognition of women within families, communities, and indigenous societies. This study highlights the importance of government support, entrepreneurship training, digital literacy enhancement, and multi-stakeholder collaboration to achieve sustainable and competitive empowerment of Indigenous Papuan women.

Neysa Brillian Abida; Nasywa Syifa

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

Marriages between Indonesian citizens and foreign nationals present complex legal challenges, particularly regarding the citizenship status of children born within such unions. This research explores the legal tension between Indonesia’s Marriage Law No. 1 of 1974 and Citizenship Law No. 12 of 2006, which adopt different approaches to the inheritance of nationality and the safeguarding of children’s rights. Employing a normative juridical method, the study examines statutory regulations, judicial rulings, and scholarly legal works, supported by a comparative analysis of practices in other jurisdictions. The results demonstrate that although the 2006 Citizenship Law introduced the notion of limited dual citizenship for minors, the family unity principle maintained in the Marriage Law creates procedural ambiguities especially in matters of registration and the age threshold for citizenship determination. Such inconsistencies often give rise to administrative barriers that may place children at risk of statelessness. The study argues that aligning the two legal frameworks is imperative to achieve legal certainty and uphold the best interests of the child, consistent with international conventions ratified by Indonesia. It further suggests amending overlapping provisions and improving administrative mechanisms to ensure more coherent and effective citizenship protection for children of mixed marriages.

Hendrikus Nesi; Ramli Umar

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The advancement of digital technology has created new opportunities for cybercrime, including revenge porn the non-consensual distribution of intimate content motivated by revenge. In Indonesia, such cases have surged significantly, predominantly affecting women of productive age, with multidimensional consequences including psychological trauma, social stigmatization, and job loss. This study analyzes the element 'without right' (tanpa hak) in Article 27 paragraph (1) of the Electronic Information and Transactions Law (UU ITE), which is both the core and the main source of legal uncertainty in prosecuting revenge porn cases. Through normative legal research using statute and case approaches, analyzing the Banten High Court Decision No. 96/Pid.Sus/2023/PT BTN, this research finds that the element 'without right' must be interpreted holistically by making a clear distinction between consent to create and consent to distribute. The appellate court decision demonstrates a progressive human rights-based approach, integrating the principle of reasonable expectation of privacy and victimological impacts. However, normative ambiguity continues to create disparities in rulings and disproportionate evidentiary burdens on victims. The research recommends legislative reform through amendment of the UU ITE or enactment of specific legislation on image-based sexual abuse to provide stronger legal certainty and substantive victim protection.

Abd Rahman Saleh; Imam Fawaid

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

This study aims to analyze and compare legal protection for parties in a sale and purchase agreement based on the Civil Code (KUHPer) and Islamic law, using the fiqh muamalah approach. A sale and purchase agreement is a very common legal transaction in everyday life, so it is important to ensure legal certainty and justice for all parties involved. The research method used is normative-comparative with literature study techniques, which allows researchers to examine the differences and similarities in legal protection in both legal systems. The results show that in civil law, there is an emphasis on the principle of freedom of contract which gives space for the parties to determine the contents of the agreement according to their wishes, as long as it does not violate applicable laws and regulations. The formal form of the agreement is also an important aspect of legal protection, with regulations regarding default and fulfillment of performance that give the injured party the right to obtain compensation or fulfillment actions in accordance with the agreement. Meanwhile, Islamic law emphasizes the aspect of the lawfulness of the object of the sale and purchase, which must meet certain conditions for the transaction to be considered valid. Furthermore, in Islamic law, the consent or voluntary agreement of both parties is a primary requirement for a valid sale and purchase agreement to conform to the principles of substantial justice. While these two approaches differ philosophically and normatively, they share the same goal of protecting the rights and obligations of the parties involved in the sale and purchase agreement, thereby creating a fair transaction that does not disadvantage either party. The differences in approach between civil law and Islamic law are also evident in the dispute resolution mechanisms.

Jeki Saroha Tamba; Martono Anggusti; Ria Juliana Siregar

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

Consumer protection plays a crucial role in the insurance industry due to the complex, long-term, and trust-based nature of insurance products. Consumers are often in a vulnerable position because of limited access to information and a lack of understanding of policy terms, which increases the risk of losses, especially during claim settlement processes. This study aims to analyze the factors that influence the importance of consumer protection in Indonesia’s insurance sector and to examine the role of the Financial Services Authority (OJK) as the regulatory and supervisory body in financial services. The findings indicate that low financial literacy, information asymmetry, and the dominance of standard contracts are key factors that underscore the need for consumer protection. Meanwhile, OJK plays a strategic role through regulation, supervision, dispute resolution, and financial education for consumers. This study concludes that the effectiveness of consumer protection in the insurance sector depends largely on the synergy between strong regulations, consistent supervision, and improved public awareness of consumer rights.

Novianti Hardini; Rizqan Fadhli; Jessica Tri Agustin

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Multiculturalism is a view that recognizes and respects cultural diversity in social life, politics, and community values. This concept emphasizes the importance of recognizing differences in cultural identity as the basis for creating a harmonious, peaceful, and inclusive society. Historically, the idea of ​​multiculturalism emerged as a response to the melting pot paradigm in countries with high immigration rates, which tend to assimilate minority cultures into the dominant culture. Conversely, multiculturalism seeks to maintain the cultural identity of each group while building social cohesion within the framework of shared life. This study uses a qualitative descriptive method with a literature study approach to examine the definition, history, and basic ideas of multiculturalism from various literature sources. The results of the study show that multiculturalism has a strong foundation in the principles of respect, tolerance, equal rights, and social justice in a pluralistic society. A deep understanding of this concept is very important in the context of a complex and diverse modern society, because it is able to strengthen mutual respect, build social solidarity, and maintain national unity amidst cultural, religious, and ethnic differences. Thus, multiculturalism is not only a social concept but also a cultural strategy for realizing a just and harmonious life together.

Igvan Nagif Syahyudin; Moh. Rusdiyanto U. Puluhulawa; Avelia Rahmah Y. Mantali

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

This study discusses the implications of applying Restorative Justice on legal certainty and the protection of victims' rights in cases involving repeat offenders who have committed serious assault in the jurisdiction of the Tapa Police Sector, Bone Bolango. Normatively, Indonesian Police Regulation No. 8 of 2021, Article 5(e), explicitly prohibits the application of Restorative Justice for offenders who have committed repeat criminal offenses based on court rulings. However, the research findings indicate that in practice, law enforcement officials often exercise discretion to facilitate peaceful resolutions even for repeat offenders, citing the need to maintain social relationships and avoid lengthy litigation processes. This approach raises legal certainty issues, as inconsistencies between written norms and field practices can reduce legal predictability, open the door to discrimination, and weaken both general and specific deterrent effects. From the perspective of victim protection, peaceful agreements in cases involving repeat offenders risk not fully reflecting substantive justice, as victims may be in a vulnerable position due to social pressure or unequal power dynamics. This study concludes that the application of Restorative Justice to repeat offenders needs to be strictly limited through more detailed regulations and effective oversight mechanisms, so that the principles of the rule of law, legal certainty, and victim protection are upheld. Thus, Restorative Justice can remain an important instrument in Indonesia's criminal justice system without compromising legal integrity and public safety.

Intania Berliany Utami; Nyoman Suardhita; Namira Fitria

Abstrak : Jurnal Kajian Ilmu seni, Media dan Desain 2025 Asosiasi Seni Desain dan Komunikasi Visual Indonesia

This study analyzes the representation of the meaning of strong women in the main character, Tari, in the film Bolehkah Sekali Saja Ku Menangis using Roland Barthes' semiotic theory. The film emotionally depicts Tari’s life journey, from psychological pressure and harsh treatment within the family to the long process of rediscovering her true identity. Despite emotional wounds, Tari shows resilience and strength to rise. This study aims to identify how the meaning of a strong woman is constructed through cinematic elements such as visuals, dialogues, body expressions, and symbols in the film. Using a qualitative approach with Barthes' semiotic theory, the analysis focuses on the relationship between signs, denotative meaning, and connotative meaning in key scenes. Data was collected through in-depth observation and sign analysis of scenes that portray Tari's struggle, perseverance, and emotional transformation. The findings show that Tari represents a strong woman not only through physical endurance but also emotional resilience, self-empowerment, mental health awareness, and the courage to seek support. The film delivers a message about the importance of mental strength and women's courage in fighting for their rights and freedom. This study is expected to enrich the study of the representation of strong women in the media.

Alfiansyah, Alfiansyah; Sahroni, Angrean; Marta, Inuki Yudi; Saputra, Ilham Tirta; Pratama, Reza Agung +1 more

Jurnal Pariwisata Indonesia 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This research positions tourism as a key driver for rural economic transformation via the Community-Based Ecotourism model. Lubuk Langkap Nature Tourism Village, South Bengkulu, has excellent natural assets (pristine), such as clear rivers and tropical forests, supported by good social capital. However, this potential is structurally constrained by a Severe Institutional Crisis within the Village-Owned Enterprise, marked by informal management, lack of standard accounting, and vulnerability to moral hazard risk (misconduct). The Main Thesis asserts that this institutional crisis is not merely a technical issue but a major root problem that weakens Social Capital, damages community Capability, and risks permanent environmental damage. The study uses in-depth strategic analysis focusing on the New Institutional Economics and an integrated SWOT framework, employing interpretive descriptive qualitative methods. The analysis formulates an integrated Community-Based Ecotourism development strategy within a Governance framework that is Strengthened by Risk a system designed to become more resilient when facing shocks (moral hazard risk). The Integrated Action Strategy includes: (1) Establishing Exclusive Village-Owned Enterprise Regulatory Control Rights over the entrance gate and Environmental Carrying Capacity; (2) Implementing a physical Daily Public Financial Dashboard to prevent misconduct; and (3) Legalizing Village Regulations (Perdes) on Conservation Zoning and Maximum Daily Visitor Limits. Implementing a Niche Premium Operational Business Plan (OBP), detailing a High Pricing Strategy (including a Conservation Fee) and a fair Proportional Revenue Sharing Formula, is key to achieving improved welfare and ecological sustainability in South Bengkulu.

Dharmasanti Rawidya Putri; Sigit Wibowo

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

This study has two main objectives: first, to analyze the application of the principle of ultra petitum partium in talaq divorce cases based on the Decision of the Sleman Religious Court Number 1086/Pdt.G/2024/PA. Smn; Second, to examine the basis of judges' legal considerations in determining matters that are not explicitly requested, especially from the perspective of the protection of the rights of the wife. This study uses a normative juridical method with a case approach and a statute approach. The results of the study show that the provision of iddah maintenance by the judge based on the mediation agreement of the parties does not violate the principle of ultra petitum partium. However, the determination of mut'ah in the absence of an explicit request in the petitum has the potential to be contrary to this principle. However, the judge's actions can be justified through ex officio authority in order to protect the rights of the wife, in accordance with Article 158 of the Compilation of Islamic Law. These findings highlight the tension between procedural legal certainty and substantive justice in the religious justice system. This study recommends that judges explicitly state legal grounds when exercising ex officio authority, to ensure transparency and accountability in decisions.

Dhea Kristiani Hutasoit; Lia Wildah Hasanah; Mutiara Lubis; Reyny Puspita Lubis; Sintya Rindi Utami +2 more

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2025 International Forum of Researchers and Lecturers

The digitalization of learning media in the world of education is increasingly visible. The aim of this research is to analyze the strengthening of Citizenship Education learning through learning media. This research uses a qualitative research method with a literature study approach. Citizenship education is an important thing to study in order to understand how citizens carry out their roles, rights and responsibilities for the country. There are various studies that have proven the effectiveness of several learning media for PPKn, including Powtoon, Anchor Podcast, Android Applications, and Roleplay.

Havna Havna; Syamira Balqis; Muhammad Fitrah Insani

Journal Economic Excellence Ibnu Sina 2025 STIKes Ibnu Sina Ajibarang

The role of financial institutions in providing access to capital through pawn services is crucial, even though customers face the risk of defaulting, which can lead to the auction of pledged collateral. This study aims to analyze the impact of the auction pricing of collateral at PT Pegadaian Syariah Banda Aceh on customer satisfaction. In this context, a deep understanding of the factors influencing auction pricing and its impact on customer satisfaction is essential to maintain a mutually beneficial relationship. The pricing of the auction is influenced by several factors, including market mechanisms, government regulations, and the company's internal policies. Customer dissatisfaction with auction prices that are perceived as unfair can damage the long-term relationship with the financial institution. Therefore, it is crucial to enhance transparency and fairness in the auction pricing process. Additionally, educating customers about their rights is necessary to provide them with a better understanding of the process and its implications. These measures will help strengthen customer trust and maintain the sustainability of a positive relationship between the financial institution and its customers.

Andi Muhammad Fiqry Haykal; Husniar Darsis

Karya Nyata : Jurnal Pengabdian kepada Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

Violence against children in the school environment is a serious problem that requires special attention. This legal counseling activity aims to increase understanding of child protection and violence prevention, especially at SMPN 1 Parangloe, Gowa Regency, South Sulawesi. Through counseling methods, interactive discussions, and documentation, the research team successfully involved 50 students, 3 teachers, and 7 parents in the activity held on February 24, 2025. The results showed a significant increase in participants' awareness of children's rights and steps to prevent violence. Students became more active in participating in discussions and more courageous in reporting cases of violence they experienced or witnessed. However, challenges such as concerns about social stigma are still barriers that need to be overcome. This activity emphasized the importance of collaboration between schools, parents and communities to create a safe and supportive environment for children's development. Thus, this counseling not only provides knowledge but also builds children's confidence in dealing with potential violence at school.

Kevin Maulana AG; Citra Lestari; Auliya Arifatun A

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

Consumer protection is a fundamental aspect in ensuring social justice and legal certainty for all individuals involved in the market, including citizens (WN) and non-citizens (NWN). This study aims to analyze the differences in legal protection for WN and NWN consumers in Indonesia by examining the legal status as well as the practice of its implementation. The research applies a normative juridical approach with descriptive-qualitative analysis based on the Consumer Protection Law, its derivative regulations, and case studies of court decisions related to consumer disputes. The results show that, normatively, Law No. 8 of 1999 concerning Consumer Protection does not differentiate between citizens and non-citizens. However, in practice, there are significant challenges such as administrative barriers, limited access to information, and language difficulties faced by non-citizen consumers. These findings indicate a gap between universal legal norms and the implementation that remains biased toward citizenship status.The study concludes that although Indonesian regulations guarantee equality in consumer rights, there is a need to strengthen implementation mechanisms that are more inclusive, particularly for foreign consumers. This research contributes to the discourse on consumer protection by emphasizing the importance of harmonizing non-discrimination principles with the effectiveness of law enforcement.

Malik Abdul Aziz; Rida Kusuma Devi; Anis Badriyatun Niswah

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2025 International Forum of Researchers and Lecturers

Citizenship rights are a fundamental foundation for ensuring the fulfillment of basic rights, including the right to consumer protection. In the context of globalization and the development of the digital economy, the potential for violations of consumer rights is increasing, thereby requiring the state to strengthen its responsibilities. This study aims to analyze the relationship between citizenship rights and the state’s obligations in guaranteeing consumer protection from the perspective of positive law and policy practices in Indonesia. The research method employed is a normative approach with juridical analysis of legislation, court decisions, and legal doctrines, complemented by a comparative study of international regulations. The findings reveal that consumer protection cannot be separated from the state’s recognition of universal citizenship rights. The state plays a role as regulator, facilitator, and supervisor to ensure the fulfillment of consumer rights to safety, comfort, and fairness in transactions. However, gaps were identified between legal norms and implementation, particularly in digital market oversight and the protection of vulnerable consumers. The study concludes that consumer protection is a concrete manifestation of the state’s responsibility for citizenship rights, requiring regulatory strengthening, effective supervisory institutions, and synergy among the state, business actors, and society.

Hanuring Ayu; Annisa Safinatun Nikmah; Ismiyanto Ismiyanto; Ariy khaerudin; Femmy Silaswaty

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

Development technology information , especially use WhatsApp application , has bring up phenomenon use stickers and memes as means expression in digital communication . However , misuse face somebody without permission in meme form or sticker cause problem serious law . Research This aim study provision related laws in Indonesia editing and distribution face individual without consent , use method study normative based studies library . Study results show that action the violate Copyright Act , Act Information and Electronic Transactions (ITE Law), as well as Constitution Personal Data Protection . Violations This can charged sanctions criminal Because concerning moral rights , rights economy and privacy individual . In addition to the aspects law , abuse this is also influenced by factors economy , environment social , and digital culture of society . Therefore that , is necessary education and enforcement more laws firm in order to create ethical and responsible digital space answer .

Putri Shandefi Sinaga; Sefrina Putri; Nabilla Khairan Amaliya Chania; Rafela Putri Alfasya; ⁠Silfi Nur Aini +1 more

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2025 International Forum of Researchers and Lecturers

This article discusses the practice of Civic Education through the implementation of Project Citizen in civic education in Indonesia. Taken from 15 scientific journals from 2019-2024, this study aims to explore students' understanding of active citizenship With a qualitative approach and literature review method, the application of interactive learning methods, challenges in implementation, and the positive impact produced by Project Citizen. The results of the study show that Project Citizen significantly improves students' understanding of the rights and obligations as citizens and their involvement in social issues in the community. Students involved in this project not only learn the theory, but are also able to apply it in practice, thus becoming active agents of change. However, the study also identified a number of challenges, such as lack of support from schools and limited teacher competence, that could hinder the effectiveness of project implementation. Positive impacts seen include increased student civic engagement and a sense of responsibility for the surrounding environment. Therefore, this article recommends increased support from schools, training for teachers, and collaboration between schools, parents, and communities as strategic steps to optimize the implementation of Project Citizen and improve the quality of civic education in Indonesia.

Alex Sukadi; Antonius Maria Laot Kian; Cecep Tedi Siswanto

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

This research examines judicial discrepancies in criminal cases of fiduciary transfer, focusing on Decision No. 45/Pid.Sus/2023/PN.SMN. Discrepancy is understood as the inconsistency between trial facts, the prosecutor’s evidence, and the judge’s considerations, which may lead to injustice and reduce public trust in the judiciary. The purpose of this study is to analyze the forms of discrepancy found in the decision and to assess their legal implications for the protection of the defendant’s rights and legal certainty. The research method employed is empirical juridical research with a sociological juridical approach, using statutory analysis, case studies, interviews with law enforcers, and literature review. The findings indicate disharmony in the assessment of intent (mens rea), the interpretation of written consent, and the proof of losses suffered by fiduciary recipients. Such discrepancies weaken the quality of the judgment, create legal uncertainty, and potentially violate the principle of fair trial. This study concludes that harmonization between trial facts, prosecutorial evidence, and judicial reasoning is necessary to maintain the integrity of the criminal justice system, improve the quality of judicial decisions, and strengthen legal protection for the parties involved.

Rini Oktaviana

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines the evolution of the notary supervision system in Indonesia, particularly the impact of Constitutional Court Decision No. 49/PUU-X/2012 which revoked Article 66 paragraph (1) of Law No. 30 of 2004 and the establishment of the Notary Honorary Council (MKN) through Law No. 2 of 2014. The study uses a normative juridical method with a case and statutory approach, supported by literature analysis and expert opinion. The results show that the Constitutional Court decision eliminated legal protection for notaries in facing arbitrary actions by law enforcement officers, creating inequality with other professions such as advocates and doctors. Although the Regional Supervisory Council (MPD) still exists institutionally, the authority to grant approval for summoning notaries has been lost. In response, the government established the MKN which combines elements of the Ministry of Law and Human Rights with the Indonesian Notaries Association. International comparisons show that the civil law system provides stronger protection through specialized courts, while common law does not provide a privileged position for notaries. Indonesia adopts a mixed model that provides flexibility but creates coordination complexity. The MKN plays a role in enforcing professional ethics while maintaining a balance between the protection of notaries as public officials who make authentic deeds and accountability in the judicial system, restoring the stability of legal protection that was lost after the Constitutional Court's decision.