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Firman Nurdiyansyah Sunandar; Andri Herman Setiawan; Ahmad Juaeni; Johannes Triestanto

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

The rapid expansion of Indonesia’s digital economy and the enactment of the Personal Data Protection Law (Law 27/2022) have exposed significant shortcomings in the resolution of data-related disputes under existing judicial and administrative frameworks. Public adjudication of sensitive data conflicts can erode trust, impose reputational damage, and delay reparative outcomes, while courts often lack specialized expertise in technology and privacy. Drawing upon international precedents including the European Data Protection Board’s Article 65 GDPR mechanism, the EU–US Data Privacy Framework arbitration annex, and the European Patent Office’s data-protection arbitration rules this study examines the urgency and feasibility of establishing a dedicated Data Dispute Arbitration Forum in Indonesia. Through comparative analysis, it identifies core design elements such as expert-appointed tribunals, streamlined online procedures, confidentiality safeguards, clear enforcement under the New York Con-vention, and mechanisms for restorative remedies beyond fines. Anchored in Pancasila’s social-justice ethos and Indonesia’s ADR law (Law 30/1999) and ITE Law, the proposed institutional architecture integrates online dispute resolution (ODR) protocols, data-minimization and cybersecurity guidelines, and publicly anonymized award publication to foster legal certainty and raise awareness of data-protection obligations. A stakeholder impact assessment demonstrates that such a forum would benefit individual data subjects through low-cost, expeditious relief; controllers and processors through predictability and trade-secret protection; regulators through expert findings; and foreign investors through alignment with global data-governance standards. By aligning domestic legal values with international best practices, the specialized forum promises to bolster enforcement, restore public trust, and strengthen Indonesia’s competitiveness in the global digital marketplace.

Mustajib Mustajib

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The principle of popular sovereignty is a fundamental foundation of the Indonesian democratic system, as stated in Article 1, Paragraph (2) of the 1945 Constitution. Popular sovereignty emphasizes the importance of the people's right to choose and be chosen in general elections (Pemilu) and regional elections (Pilkada), which serve as the source of legitimacy for a legitimate government. This sovereignty should reflect democratic values that are just and equal. However, in practice, the implementation of popular sovereignty through elections is often tarnished by money politics, which threatens the integrity of democracy itself. This phenomenon indicates a profound distortion of democratic principles, where the election process is more driven by material interests than by political aspirations and ideologies. Money politics not only undermines the quality of elections but also diminishes public trust in the democratic process. This practice allows voters to sell their votes in exchange for money or goods, leading to electoral injustice. It transforms general elections and regional elections from an ideal democratic process into a contest reliant on financial resources, rather than on the quality of the leaders chosen. This article aims to analyze the contradiction between the constitutional ideal of popular sovereignty and the reality of money politics in the administration of general elections and regional elections. This study employs a normative juridical approach with qualitative analysis techniques to explore how current laws have guaranteed the implementation of popular sovereignty. The findings indicate that although the legal framework provides protection for the principle of popular sovereignty, weak law enforcement and the persistent transactional political culture hinder its substantial realization. As a solution, this article recommends several strategic steps, including strengthening regulations to limit money politics, reforming the party system to reduce the dominance of practical politics, and enhancing political education based on democratic values and integrity. With these measures, the principle of popular sovereignty can be more purely and consistently upheld, ultimately strengthening Indonesia’s democratic system to be fair and sustainable.

Diyanggi Priya Romaito Pane; Alexandro Wiranto Tambe

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Technological developments in the modern era have experienced rapid growth, one of which is through the advancement of Artificial Intelligence (AI). This technology has now become an integral part of people's daily lives because it can provide convenience, efficiency, and innovation in various fields. However, behind the benefits offered, AI also carries potential risks, especially when misused. One of the most worrying forms of misuse is deepfakes, namely AI-based digital content manipulation that can convincingly imitate a person's voice, face, and movements. Deepfakes have triggered various digital crimes, such as identity forgery, the creation and distribution of non-consensual pornographic content including sexual exploitation, blackmailing, the spread of fake news (hoaxes), digital terror, fraud, and defamation. The increasingly sophisticated level of AI in manipulating data demands swift action, appropriate regulations, and effective oversight strategies from the government to anticipate its negative impacts. This research uses a normative juridical method with a statute approach and a conceptual approach. This approach allows for a comprehensive analysis of the existing legal framework, the concept of legal protection, and the urgency of establishing new regulations related to AI technology. The research findings indicate that the government needs to take a number of strategic steps, including: (1) drafting specific regulations governing the use and limitations of AI, particularly regarding deepfakes; (2) developing and implementing effective deepfake detection technology; (3) providing protection, recovery, and rehabilitation mechanisms for victims; and (4) implementing widespread public education to raise public awareness of the risks of AI misuse.

Rafadhea Fauzia Aydraghifary; Rinaldy Amrullah; Sri Riski

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

This study examines criminal liability for the crime of exhibitionism in Indonesia and the forms of protection provided to its victims. Exhibitionism is a deviant behavior in the form of exposing genitals to others without consent, which is classified as a form of sexual harassment. Although often considered a minor act or even just "fun", exhibitionism has serious psychological impacts on victims, such as trauma, fear, anxiety, and long-term mental disorders, especially if it occurs repeatedly or is experienced by minors. From a legal aspect, the crime of exhibitionism can be prosecuted through several articles in the Criminal Code (KUHP), including Article 281 which regulates indecent acts in public, and Article 289 if the exhibitionism is carried out with violence or threats of violence. In addition, Law Number 44 of 2008 concerning Pornography can also be used as a legal basis, especially if the exhibitionism is carried out through digital media. If the victim is a child, Law Number 35 of 2014 concerning Child Protection will increase the perpetrator's punishment. The criminal liability of exhibitionists depends heavily on their mental state. Under Indonesian criminal law, a person can only be held criminally responsible if they are legally capable of being held accountable. If a perpetrator is proven to have a serious mental disorder based on a psychiatric expert's testimony, they may be subject to special measures instead of criminal punishment, such as rehabilitation in a mental hospital. Protection for victims of exhibitionism must be comprehensive. This includes facilitating the reporting process to authorities, prompt handling by law enforcement, providing counseling or psychological support, protecting the victim's identity, and educating the public to prevent exhibitionism. Integrating legal aspects, mental health, and public education is crucial in breaking the chain of this crime.

Syarif Hidayatulloh; Sigit Kamseno

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

In a criminal justice system that upholds the principle of justice, the protection of suspects' rights is a crucial and fundamental component. Investigators play a crucial role in ensuring suspects' rights are protected during the investigation process, including the right to legal counsel, the right to access information, and the right to be free from arbitrary prosecution. The aim of this study is to explore the role of investigators in guaranteeing these rights and highlight challenges in their implementation. The study revealed that many suspects did not receive legal assistance from the beginning of the examination, lacked understanding of their rights, and faced investigations that often violated due process of law. This problem is exacerbated by limited human resources, inadequate internal oversight, and lack of ongoing training for investigators. These factors contribute to the failure to enforce the rights of suspects as a whole, which impacts the fairness and integrity of the legal process. In an effort to realize a fast, simple, and inexpensive judicial process, as promised in Law Number 48 of 2009, this study emphasizes the need for reforms to strengthen the investigation process. The reforms include improvements in the aspects of supervision and more in-depth training of investigators on human rights, so that they can better understand and implement the protection of the rights of suspects. In addition, the use of technology in investigations, such as digital-based information systems to manage evidence and legal processes, can increase transparency and accuracy in every stage of investigation. Strengthening internal supervision mechanisms is also very important to minimize abuse of authority by investigators. On the other hand, it is important to periodically evaluate the application of standard operating procedures (SOPs) in investigations, in order to ensure compliance with applicable laws and provide justice for suspects.

Anen, Bruno Ikun; Salurante, Tony

International Journal of Christian Education and Philosophical Inquiry 2025 Asosiasi Riset Ilmu Pendidkan Agama dan Filsafat Indonesia

This paper examines euthanasia from ethical, theological, legal, and human rights perspectives, focusing specifically on the Christian faith. Euthanasia, defined as the intentional termination of life to avoid physical suffering, raises significant moral and legal dilemmas. This study applies a qualitative method through literature review to explore expert opinions, Indonesian legal provisions, and theological foundations based on the Bible. The findings indicate that euthanasia contradicts the core principles of Christian ethics, Indonesian positive law, and human rights values that uphold the right to life. From a Christian worldview, life is a divine gift and should not be ended by human will. Suffering is understood as part of a spiritual journey that carries redemptive meaning. Furthermore, euthanasia presents complex implications not only for the individual undergoing the act but also for families, religious communities, and healthcare professionals. In Christian ethics, life and death are matters of divine sovereignty, and human agency in ending life is considered a violation of God's authority. The legal stance in Indonesia, as reflected in national laws and regulations, clearly prohibits any form of euthanasia, emphasizing the protection of human life as a constitutional right. From a human rights viewpoint, although autonomy is important, it must be balanced with the principle of preserving life. This study suggests that interdisciplinary dialogue involving theology, law, bioethics, and pastoral care is urgently needed to build awareness and offer compassionate responses to end-of-life issues. Churches, educators, and policymakers are encouraged to develop ethical guidelines and pastoral counseling approaches rooted in biblical truth and legal integrity. A wise and faithful response to the problem of euthanasia requires not only empathy but also a clear commitment to uphold the sanctity of life.

Sumartono Sumartono; Riswadi Riswadi

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

The exploitation of natural resources through mining projects in Indonesia often has an impact on the lives of residents, both socially, economically, and environmentally. Although the government has established various regulations to protect the rights of affected communities, the implementation of this legal protection still faces various challenges. In this context, this research aims to analyze legal protection for residents in mining projects in Indonesia and examine the effectiveness of regulations that have been implemented. This research uses a normative juridical method using both a statutory and a conceptual approach. The former involves examining multiple legal provisions that govern mining and community protection, including Law Number 4 of 2009 concerning Mineral and Coal Mining, Law Number 32 of 2009 concerning Environmental Protection and Management, and various derivative regulations. The latter involves investigating legal theories that are pertinent to the defense of residents' rights, including the notion of sustainable development, the right to a healthy environment, and the rights of indigenous peoples to land and natural resources. This research does not involve case studies or interviews, but focuses on a normative study of the applicable legal system. Through an analysis of national and international legal instruments, this research is expected to provide academic contributions in identifying weaknesses in existing regulations and providing recommendations for policy makers in improving legal protection for residents affected by mining projects. Thus, this research can be a basis for strengthening more effective legal protection in maintaining a balance between the exploitation of natural resources and the rights of local communities.

Reza Aulia Qusnul Khotimah

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

A child who becomes a victim of a criminal act, often referred to as a child victim, is one who experiences physical, psychological suffering, and/or loss of property due to a criminal act. In the case of children who are victims of sexual violence, it is not limited to physically healthy children, but also includes children with disabilities, whether physical, mental, or intellectual. These child victims have the right to restitution, which is a form of compensation for the harm and losses they have suffered. This study aims to identify the challenges faced by child victims of sexual violence and explain how the restitution process can be implemented within the context of Indonesian law. The author applies a normative research method and gathers data through literature review. The data obtained comes from legal regulations, court rulings, books, and relevant internet sources. The findings of this study indicate that restitution is a right granted to victims as a form of accountability from the perpetrator for their actions. Restitution aims to provide compensation for the victim’s suffering and loss, both materially and psychologically. However, several obstacles to fulfilling the right to restitution for child victims were identified. One of the main obstacles is the lack of understanding from the victim's family regarding the importance of restitution. Often, the victim’s family is unaware that they have the right to request restitution as part of the legal process. Additionally, inadequate cooperation between law enforcement and related institutions is another barrier to fulfilling the right to restitution. The lack of coordination between agencies in handling child sexual violence cases leads to delays in the restitution process. Therefore, it is crucial to raise awareness among the families of victims and improve cooperation between law enforcement, child protection agencies, and other related parties to ensure that the right to restitution is properly fulfilled.

M. Sunandar Yuwono; Evita Isretno Israhadi

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Consumer protection in e-commerce transactions in Indonesia faces significant challenges due to the lack of specific regulations that clearly define the responsibilities of digital platforms. Law Number 8 of 1999 concerning Consumer Protection (UUPK) serves as the primary legal framework, but it has not adequately addressed the complexities of digital transactions, leading to legal uncertainty in resolving disputes and safeguarding consumer rights. This gap in the law leaves consumers vulnerable, as their rights are not clearly protected in the digital environment. One of the main issues is the low level of consumer legal literacy in Indonesia, which exacerbates the problem. Many consumers are unaware of their rights or how to enforce them, making it difficult for them to seek redress in case of problems with e-commerce transactions. This lack of understanding creates an environment where consumers are often left without proper recourse when facing issues such as faulty products, delayed deliveries, or breaches of personal data security. This study aims to identify the barriers to consumer protection in e-commerce and propose solutions to address these challenges. The study suggests that more comprehensive and adaptive regulations are needed to define the responsibilities of e-commerce platforms clearly. These regulations should include effective complaint mechanisms, stronger consumer data protection policies, and a framework for resolving disputes quickly and transparently. Additionally, the study emphasizes the need for stricter supervision and more robust law enforcement to ensure that digital trading platforms comply with consumer protection laws. The findings highlight the importance of creating a safe, fair, and trusted digital trading ecosystem in Indonesia, where consumers feel secure and are empowered to demand their rights. By implementing these recommendations, Indonesia can improve consumer protection in the digital economy, ultimately fostering a more sustainable and transparent e-commerce environment.  

Deanna Fitri Roshandi

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

In everyday life, the practice of making agreements often occurs informally and without written documentation, particularly in casual social interactions and economic activities. This raises important legal questions regarding whether verbal agreements hold valid legal force. The purpose of this study is to examine the legal status of verbal agreements under Indonesian civil law, particularly in relation to the requirements for the validity of an agreement as outlined in Article 1320 of the Civil Code (KUHPerdata). The study employs a normative juridical approach, focusing on legal provisions and legal doctrines to explore the issue. According to the findings, while verbal agreements are legally binding, they must still meet the requirements stipulated in Article 1320 of the Civil Code. These requirements include mutual consent, the capability of the parties involved, a lawful object, and a legal cause. Despite the lack of a written record, verbal agreements can still be considered valid as long as these criteria are met. However, a significant challenge arises when disputes occur, as proving the existence and terms of a verbal agreement can be difficult without written evidence. This is where the importance of written agreements comes into play, as they provide stronger legal protection in case of legal conflicts. The study also highlights that although Indonesian civil law recognizes verbal agreements, it strongly encourages parties to formalize agreements in writing to avoid ambiguity and ensure legal certainty. In conclusion, while verbal agreements are valid under the law, the need for written documentation is crucial for protecting the interests of the parties involved and providing clear evidence in the event of a legal dispute.  

Ahmad Fuady; Fauzie Yusuf Hasibuan; Zulkarnaen Kotto

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

Indonesia's digital transformation has accelerated dramatically, creating unprecedented opportunities alongside significant cybersecurity challenges. This article examines the current state (das sein) and normative expectations (das sollen) of Indonesia's cybersecurity and data protection legal framework through a comprehensive normative legal analysis. The study reveals critical gaps in existing legislation, particularly the Information and Electronic Transactions Law (UU ITE). It evaluates the potential impact of emerging regulatory frameworks, including the Draft Law on Personal Data Protection (RUU PDP). Using normative legal research methodology, this analysis draws from statutory regulations, policy documents, and comparative legal studies to assess Indonesia's legal preparedness for evolving cyber threats. The findings indicate that while foundational legal instruments exist, significant normative reforms are required to address sophisticated cybercrime, protect individual privacy rights, and maintain national digital security. The research concludes with actionable recommendations for legislative enhancement, institutional strengthening, and public-private collaboration to establish a robust, adaptive cybersecurity legal regime that meets international standards while addressing Indonesia's unique socio-legal context.

Muhammad Akhdan Mizanulhaq; Firganefi Firganefi; Fristia Berdian Tamza

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the crime of fertilizer counterfeiting in the Kalianda area, South Lampung, which is a form of economic crime with a significant impact on the agricultural sector. Fertilizer counterfeiting not only harms farmers financially, but also disrupts the distribution of subsidized fertilizers and lowers trust in the legal system. This crime is driven by various factors, including economic incentives, weak supervision, and inadequate regulations. In addition, the existence of illegal distribution networks and the lack of effectiveness of law enforcement also exacerbate the problem. This study uses a normative juridical approach to analyze the legal aspects that govern the crime of fertilizer counterfeiting, as well as an empirical approach through interviews with law enforcement officials in the South Lampung Regional Police area. The results of the study show that the rampant counterfeiting of fertilizers is caused by economic pressure, weak law enforcement, and low public legal awareness. This practice is often carried out in a covert manner and is difficult to prove technically in the field. In addition, the alleged involvement of certain individuals in the illegal distribution network adds to the complexity of handling cases. This study recommends reforming the fertilizer distribution system that is more transparent, increasing supervision by law enforcement officials and related agencies, and strengthening regulations with the application of stricter sanctions. Efforts to increase public legal awareness are also an important aspect in preventing similar crimes in the future. In addition, the need for synergy between law enforcement officials, local governments, and the community is the main key in tackling this economic crime. The development of fertilizer distribution tracking technology, as well as education to farmers about the characteristics of real and fake fertilizers, is expected to be able to strengthen the protection system at the grassroots level.

Riri Rianza; Suriadi Sirait; Gusron Gusron; Muhamad Adystia Sunggara; Syafri Hariansah

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines legal protection against child sexual exploitation through Augmented Reality (AR) and Virtual Reality (VR) technologies, which are increasingly developing in the digital era. AR combines virtual elements with the real world, while VR creates a fully immersive environment. Both offer positive opportunities and serious risks, including new crime modes such as the creation of avatars or virtual models of children for sexual purposes, grooming in virtual spaces, and the distribution of immersive child pornography. Anonymity, the difficulty of age verification, the lack of digital literacy, and the forensic challenges of 3D content are significant obstacles to law enforcement. Existing regulations, including Law No. 17 of 2016 concerning Child Protection, Law No. 1 of 2024 concerning the Second Amendment to the ITE Law, and Law No. 12 of 2022 concerning the TPKS, have provided a strong legal basis, but do not specifically regulate AR/VR technology. A normative juridical research method with a statutory and conceptual approach is used to analyze existing norms, regulatory gaps, and their relevance to international standards such as the Budapest Convention and the Lanzarote Convention. The research findings emphasize the urgency of adaptive regulatory updates to technological developments, the implementation of cybersecurity standards, mandatory age verification, and strengthening the capacity of law enforcement officers in digital investigations and AR/VR forensics. Cross-border and cross-sector collaboration is needed to expedite notice and takedown mechanisms and close legal loopholes exploited by perpetrators. These efforts are expected to create a safe digital environment for children and increase the effectiveness of legal protection in the realm of immersive technology.

Edward Benedictus Roring; Indira Jazmine; Selma Dwi Anaya Pebriyanti; Eleonora Gracia Puspa Setiawan; FX Adji Samekto

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Revision of the Law on Sexual Violence (UU TPKS) has become a strategic urgency in efforts to eliminate gender bias inherent in the current legal construction, especially related to the subjectivity of men as perpetrators and the objectivity of women as victims. The current TPKS Law, although it has provided an important legal basis for the protection of victims of sexual violence, still contains a gender paradigm that limits the understanding that perpetrators of sexual violence are only men and victims are only women, thus ignoring the complexity of social reality and the diversity of victims and perpetrators23. This approach not only reinforces patriarchal stereotypes, but also hinders fair and inclusive law enforcement. Therefore, the revision of the TPKS Law must be directed at eliminating rigid gender constructions, adopting a more neutral and inclusive perspective, and strengthening responsive legal protection for all victims without exception. This revision must also emphasize the role of the state in fulfilling victims' rights and integrating independent monitoring mechanisms to ensure effective and equitable implementation. Thus, the revision of the TPKS Law is not merely a normative update, but rather a transformation of the legal paradigm that prioritizes gender equality, respect for human rights, and substantive justice for the entire community

Donny Setha

Jurnal Pengabdian dan Solidaritas Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

The development of digital technology has brought about significant changes in people's transaction patterns, particularly with the increasing use of online platforms for buying and selling. This phenomenon provides convenience for consumers and merchants, but is also accompanied by a high rate of online fraud experienced by both consumers and merchants. This fraud can take the form of fraudulent transactions, goods not received, or identity fraud. Low public legal literacy regarding rights and obligations in digital transactions is one of the main causes of weak legal protection for fraud victims. Many consumers and merchants are unaware of their rights and the legal procedures to take when experiencing fraud. This community service activity aims to increase the legal understanding of the public, especially online merchants and consumers, regarding digital consumer protection and legal fraud handling mechanisms. The activity implementation methods included interactive legal counseling, distribution of closed-ended questionnaires, case study simulations, Q&A discussions on legal issues, and light consultations. A total of 60 respondents, consisting of 30 merchants and 30 consumers, participated in the closed-ended questionnaire. The results showed that the majority of participants did not fully understand their rights in digital transactions and were unaware of the legal procedures to take when experiencing fraud. Despite this, participant interest in legal education was very high, with over 75% stating they wanted further legal assistance. This activity is expected to provide the public with better insight into their rights and obligations in digital transactions, as well as raise awareness of the importance of legal protection in the digital age. This is expected to make the public more vigilant and protected from potential online fraud in the future. Furthermore, increased legal literacy is expected to create a safer and more trustworthy digital transaction ecosystem for all parties.

Eka Nurtiara; Afrizal Afrizal; Ella Afnira

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Child Identity Card (KIA) is an official document issued to children aged 0–17 years as a form of early recognition and protection of legal identity. The issuance of the KIA aims to support orderly population administration, facilitate access to public services, and strengthen child protection in various social, educational, and health aspects. In Bintan Regency, this policy has been implemented since 2017 and was reinforced through Regent Regulation No. 6 of 2022. However, in 2024, the KIA ownership rate only reached 53.48%, the lowest figure in the Riau Islands Province. This figure indicates a serious gap between policy and implementation in the field. In fact, the Bintan Regency Population and Civil Registration Office's Work Plan (Renja) set the KIA ownership target for 2024 at 65%, with the final realization being only 62%. This study aims to examine the factors influencing the low KIA ownership rate. The study used a descriptive qualitative approach with data collection techniques through in-depth interviews, observation, and documentation. Informants consisted of Disdukcapil officials and the community as service recipients. The implementation model used was Merilee S. Grindle's theory, which emphasizes six critical variables in policy success, including resources, communication, and implementer characteristics. The results of the study indicate that despite an increase in demand for KIA due to administrative requirements in education services, BPJS, and social programs, significant obstacles remain. These obstacles include limited outreach, a lack of service infrastructure in coastal and remote areas, and technical constraints such as a suboptimal online system. Therefore, acceleration strategies are needed, such as increasing the intensity of cross-sector outreach, integrating KIA services into integrated health post (Posyandu) and school programs, adding mobile services, and training local human resources.  

Esil Rinda Sucita Zogara; Delorens N. L. Bessie; Agustin L. M Rohi Riwu

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

This study discusses the practice of "capture marriage" (pakondong) still carried out in Ana Engge Village, Kodi District, West Sumba Regency, as part of the local tradition. Capture marriage is a practice where a man "captures" his prospective wife without the consent of the woman or her family. This practice has been ongoing for a long time and is considered part of local culture. However, when viewed from the perspective of national law, particularly Law No. 1 of 1974 on Marriage, this practice raises controversy. The law emphasizes that marriage must be conducted with the free consent of both parties, as stated in Article 6, Paragraph 1, which asserts that a marriage is only valid if both parties agree. This research uses an empirical juridical method, with interview techniques and literature studies, to examine the legality of capture marriage under positive law. The results show that capture marriage contradicts the basic principles of a valid marriage because it does not meet the requirement of free consent from both parties involved. Furthermore, capture marriage is also considered a violation of women's human rights, as women should have the right to choose their life partners without coercion or pressure. This practice also degrades women's dignity, as their rights as independent individuals to make their own choices should be respected. The conclusion of this study is that capture marriage cannot be justified under national law because it contradicts the principle of free and mutual consent. Therefore, efforts are needed from various parties, including the government, law enforcement, customary leaders, and society, to provide education on the importance of consent in marriage. Additionally, the modernization of customary law is crucial to align it with constitutional values and human rights, ensuring the protection of women's rights and promoting the development of a more just and equitable culture.

Deanna Fitri Roshandi

Jurnal Ilmu Bahasa dan Pendidikan Guru Sekolah Dasar 2025 Asosiasi Periset Bahasa Sastra Indonesia

In everyday life, agreements are frequently made without written documentation, especially in informal social interactions and economic activities. This raises important legal questions regarding the validity of verbal agreements. In Indonesia, the legal status of such agreements is governed by the Civil Code (KUHPerdata), particularly Article 1320, which outlines the requirements for the validity of an agreement. This article stipulates that an agreement must fulfill four conditions: consent, the capability of the parties, a certain subject matter, and a lawful cause. Despite the absence of written documentation, verbal agreements are considered legally valid in Indonesia as long as they meet these four requirements. The primary challenge, however, lies in the difficulty of proving the existence and terms of verbal agreements, particularly in cases of dispute. Since oral contracts lack physical evidence, parties involved may face difficulties in substantiating their claims in court. This makes verbal agreements vulnerable to legal challenges, as the burden of proof falls on the party asserting the agreement. In light of these challenges, it is advisable for parties involved in significant transactions or agreements to document their commitments in writing. A written agreement provides clear evidence of the terms and conditions agreed upon by the parties and serves as a safeguard in case of legal disputes. Although verbal agreements can hold legal weight, having written records is considered a better practice for ensuring legal protection and preventing potential conflicts. This study concludes that while verbal agreements are legally valid under Indonesian civil law, their enforceability can be compromised by the lack of written documentation, making written agreements a more secure option for all parties involved.

Putu Agus Susila Adnyana; I Ketut Kasta Arya Wijaya

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

Digital transformation in land administration is a strategic step by the Indonesian government to realize a more efficient, transparent, and secure land registration system. One concrete form of this transformation is the implementation of electronic land certificates (e-certificates) regulated in the Ministerial Regulation of ATR/BPN No. 1 of 2021. This article aims to analyze the implementation of electronic land certificates as a legal innovation in the national land registration system and examine the challenges and solutions faced in its implementation. Using a normative juridical approach supported by literature studies and analysis of laws and regulations, this article finds that e-certificates have a strong legal basis and great potential in reducing agrarian conflicts, accelerating the registration process, and strengthening legal protection of land rights. However, its implementation is still faced with structural obstacles, such as limited information technology infrastructure, low digital literacy of the community, and resistance to system changes. Therefore, a strong policy commitment, an inclusive implementation strategy, and strengthening regulations and institutions are needed to ensure the success of the digitalization of the land system in Indonesia. Electronic land certificates are not only an administrative tool, but also a symbol of legal reform and equitable land governance in the digital era. Furthermore, enhancing public awareness and education regarding e-certificates is crucial to foster acceptance and understanding among stakeholders. Engaging various community groups in the digital transformation process can also facilitate smoother transitions and promote a culture of innovation in land administration. Ultimately, the successful implementation of e-certificates can serve as a model for other sectors undergoing digital transformation in Indonesia.

Made Arsia Luna Tantra

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

The practice of overclaiming in the skincare industry, particularly through e-commerce platforms, has emerged as a critical concern in the realm of consumer protection law. Misleading product claims, especially regarding active ingredients such as retinol, can not only compromise consumer trust but also pose health risks. This study aims to analyze the legal responsibility of business actors in cases of exaggerated product claims, with a focus on the ElsheSkin case, in which the retinol content was scientifically proven to differ significantly from what was stated on the product label. Employing a juridical-normative and descriptive-analytical approach, this study uses secondary data derived from relevant legislation, expert commentary, regulatory standards, and digital media content. The findings indicate that ElsheSkin’s mislabeling constitutes a violation of the principle of transparency and the right of consumers to obtain accurate product information as regulated in Indonesian consumer protection law, particularly Law No. 8 of 1999. Despite the violation, ElsheSkin displayed a degree of legal and ethical responsibility by conducting a product recall, offering compensation to affected consumers, issuing a public apology, and initiating improvements to internal quality control mechanisms. The case underscores the urgent need for stronger regulatory oversight in the digital marketplace, especially in the skincare sector, where scientific claims can be easily manipulated for marketing gain. It also emphasizes the importance of enhancing public awareness and education regarding product ingredients and their actual effects. In conclusion, while business actors are legally bound to ensure the accuracy of product information, there must also be a collaborative effort between regulators, companies, and consumers to create a more transparent and trustworthy digital commercial environment.