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Minan Minan; Teguh Endi Widodo; Tutik Asmorowati; Ruminingsih Ruminingsih; M. Fikri Jauhari +1 more

Jurnal Pengabdian Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

Child marriage remains a serious problem in Indonesia despite the revision of the Marriage Law, which raised the minimum age for marriage to 19 for both men and women through Law No. 16 of 2019. This practice remains widespread, especially in rural areas with a high prevalence due to economic and cultural factors, the existence of marriage dispensation mechanisms, and low legal literacy. The phenomenon of child marriage has multidimensional impacts, including reproductive health risks, high school dropout rates, low quality human resources, economic vulnerability, and psychological problems that can ultimately lead to high divorce rates and intergenerational structural poverty. Through Community Service Activities (PKM), prevention efforts are carried out by providing legal education and outreach regarding the risks of early marriage. Methods used include lectures, presentations, modeling, role plays, and small group discussions involving teenagers, parents, traditional leaders, and religious leaders. The results of the activities showed a significant increase in legal understanding, where 85% of participants were aware of the minimum age for marriage according to the latest regulations. Furthermore, there was increased awareness of the negative impacts of child marriage and a growing commitment from community leaders to continue ongoing outreach. The conclusion of this activity confirmed that marriage law education is an effective strategy in raising public awareness. However, preventing child marriage cannot rely solely on legal outreach; it needs to be strengthened through cross-sector collaboration, integration of materials into the school curriculum, family economic empowerment, and strengthening the role of religious and traditional leaders in shaping social opinion. Therefore, efforts to prevent early marriage require a more holistic, participatory, and sustainable strategy to protect children's rights and realize the development of a quality future generation.

Shelomita Liani Putri Zahra; Fakhira Aghnya Makaranu

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

International trade involves cross-border buying and selling activities between countries, which in practice requires various transportation documents to ensure legal certainty and smooth operations. One of the main documents used is the Bill of Lading (Konosemen), which is a dated letter issued by the carrier as proof of receipt of goods to be transported to a certain destination and delivered to a specified recipient. The Bill of Lading has three essential functions: as a receipt of goods, as evidence of ownership, and as proof of a transportation contract. However, in practice, there are still frequent problems that hinder the optimal function of the Bill of Lading. One notable case is APL Co. Pte. Ltd. v. CV. Dua Sekawan Sejati, which involved discrepancies between the goods shipped and those stated in the Bill of Lading. This study adopts a normative juridical method by examining applicable legal provisions and theoretical concepts related to the law of contracts and transportation. The findings show that discrepancies between the goods shipped and those listed in the Bill of Lading constitute a breach of promise or default under Article 1320 of the Indonesian Civil Code. The Bill of Lading, in this case, serves as a legally binding transportation contract that obligates both parties to fulfill their respective responsibilities. Failure by one party to comply with the terms of the contract results in legal consequences in the form of claims for compensation by the aggrieved party. This research emphasizes the importance of accuracy and accountability in the issuance and use of Bills of Lading in international trade to avoid disputes and ensure legal certainty. Strengthening the regulation and enforcement of Bill of Lading functions is crucial for protecting the rights of parties engaged in cross-border trade.

Ulul Albab; Stanny Terianus Rumaseb; Sarwani Sarwani

Kajian Administrasi Publik dan ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Pancasila, as Indonesia’s foundational ideology, plays a central role in guiding the nation’s democratic governance and shaping its human rights framework. Despite its normative strength and universal values, the implementation of Pancasila in protecting human rights remains challenged by selective interpretations, legal inconsistencies, and socio-political dynamics that often limit its transformative potential. This study employs a Systematic Literature Review (SLR) following the PRISMA 2020 guidelines, systematically analyzing peer-reviewed Scopus-indexed publications from 2014–2025. The methodology integrates qualitative thematic synthesis and bibliometric mapping using VOSviewer, combining network, overlay, and density visualizations to capture both substantive content and the intellectual structure of the literature. The review identifies four major thematic dimensions: (1) humanity and social justice as core ethical values of Pancasila; (2) legal framework and reforms that seek to harmonize national laws with constitutional and international human rights principles; (3) challenges and critiques highlighting issues such as weak law enforcement, political intervention, and ideological contestation; and (4) educational and societal impacts, particularly the role of civic education and community-based initiatives in fostering rights awareness. Findings highlight that while Pancasila provides a robust ethical and legal foundation for human rights protection, its practical impact remains constrained by structural weaknesses, limited civic engagement, and inconsistent judicial practices. Bibliometric mapping reveals a growing scholarly interest in the areas of legal modernization, democratic governance, and the integration of human rights education within both formal and informal learning systems. This suggests that contemporary discourse is increasingly oriented toward reform and institutional strengthening. The study concludes that a synergistic application of Pancasila principles, comprehensive legal reform, and active civic participation is crucial for advancing human rights in Indonesia. Strengthening judicial independence, promoting inclusive legal frameworks, and enhancing civic education are key strategies to align Indonesia’s human rights practices with both its national values and international standards. Ultimately, this review contributes to scholarly discourse and policy development by providing a comprehensive synthesis of the intersection between ideology, democracy, and human rights in contemporary Indonesia.

Hessy Oktiarifadah; Elisatris Gultom; Anita Afriana

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

This study examines legal deviations in the implementation of the Suspension of Debt Payment Obligations (PKPU) mechanism, specifically regarding the approval of a peace settlement submitted for the second time after the debtor is declared bankrupt. The study highlights the Supreme Court Decision No. 648K/Pdt.Sus-Pailit/2021, which ratified the second peace settlement in the case of PT Prospek Duta Sukses. This decision is deemed contradictory to the principle of a single peace settlement, as stipulated in Articles 289 and 292 of Law No. 37 of 2004 on Bankruptcy and PKPU, and further reinforced by Supreme Court Circular Letter (SEMA) No. 5 of 2021, which states that a peace settlement in bankruptcy can only be conducted once. Using a normative juridical method, this research analyzes the legal reasoning used by the panel of judges in approving the second peace settlement and evaluates its impact on legal certainty and protection for creditors, who are the affected parties in the bankruptcy process. The approval of a second peace settlement after the debtor is declared bankrupt creates legal uncertainty, as the existing provisions do not provide for more than one peace settlement. Additionally, this decision potentially harms creditors by prolonging the settlement of debts, which should have been clear, thus allowing room for misuse of legal procedures. The findings of the study show that the approval of this second peace settlement not only contradicts the fundamental principles of law but also risks harming creditors, who should be protected by the bankruptcy system to ensure their rights are fairly met. Therefore, this research suggests that consistent application of the law, in line with existing provisions, is necessary to uphold the principles of justice, legal certainty, and the credibility of the national bankruptcy system. Furthermore, reforms in regulations or law enforcement are needed to ensure that legal practices operate in accordance with principles that are fair and transparent.

Asah Wiari Sidiq; Ahmad Sahri Romadon; Citra Rizkiana; Rahma Prafinta Sari

Jurnal Pelaksanaan Pengabdian Bergerak bersama Masyarakat 2025 Asosiasi Riset Ilmu Kesehatan Indonesia

The problem faced by partners in community service activities is the low level of creative economic skills among housewives in RW 15, Meteseh Village, Semarang City. This condition has an impact on limited family economic independence, so efforts are needed to develop entrepreneurial potential that is in line with community needs. One potential business opportunity is making wedding dowries, given the stable and growing market demand. However, limited knowledge, creativity, and skills in producing attractive dowry products with sales value are the main obstacles faced by partners. This community service program aims to increase the creativity and economic independence of housewives through dowry making skills training. The method used includes a phased training, starting from an introduction to materials and basic dowry making techniques, developing creative designs, and product marketing strategies both digitally through social media and directly (offline). Participants are also provided with mentoring to improve their understanding of simple business management, product branding, and promotional techniques to be competitive in the market. The target outputs of this activity include the creation of an independent dowry making business, the production of quality dowry products with creative designs, and improving participants' ability to market their products. In addition, this activity resulted in video documentation of the implementation, potential registration of Intellectual Property Rights (IPR), and publication in a community service journal. The evaluation results showed a significant increase in participants' knowledge and skills based on a comparison of pre-test and post-test results. Before the training, most participants did not understand basic techniques or product marketing strategies.

Emma Yovela Sipahutar; Elisatris Gultom; Helza Nova Lita

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

The implementation of a recommendation feature in the courier service selection system on e-commerce platforms is a technological innovation aimed at improving logistics efficiency while providing a more optimal user experience. Through this feature, consumers can find alternative delivery services based on certain indicators, such as cost, estimated time, and service quality. However, in practice, the implementation of recommendation features has the potential to raise legal issues when platforms prioritize internal couriers or certain partners without transparency and clear objective indicators. This situation can lead to discriminatory treatment, limit market access for other businesses, and reduce consumer freedom in choosing services. This study aims to analyze the implementation of recommendation features by e-commerce platforms from a competition law perspective, specifically based on Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The method used is normative juridical research with a descriptive-analytical approach, through the review of secondary data in the form of laws and regulations, literature, and the practice of implementing recommendation systems in the digital industry. The research results indicate that recommendation features that unilaterally prioritize internal couriers without objective basis and without information transparency have the potential to violate Article 19 letter d of Law Number 5 of 1999. This practice can hinder competition, close opportunities for other courier service providers, and create distortions in the digital logistics ecosystem. Therefore, this study recommends that recommendation features in e-commerce be designed in a neutral, transparent manner, and based on objective indicators, such as rates, estimated delivery times, and service performance. This will maintain healthy business competition and protect consumers' rights to obtain the best service options.

Suaidi Suaidi

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

Happiness is the ultimate goal of every human aspiration. To achieve it to the fullest, humans strive to utilize all their potential. However, in practice, conflicts often arise between personal interests and the interests of others. The desire to realize all dreams becomes problematic when carried out without regard for moral values, especially in a household life built through the sacred bond of marriage. Many married couples fail to create domestic happiness due to uncontrolled ambition. This ambition, when not balanced with ethics and morals, has the potential to cause domestic conflict that results in the neglect of children's education in the family. A current widespread phenomenon shows that married couples spend more time outside the home for work reasons. This opens up opportunities for promiscuity in public spaces and reduces attention to family. If this phenomenon continues, serious problems in the family will become increasingly apparent. The rights and obligations of husband and wife are neglected, affection for children is diminished, and ultimately children feel more comfortable seeking environments outside the home. This condition becomes the entry point for negative speculation from society about married couples who are considered negligent in their household obligations. This research is expected to provide a significant contribution to understanding how families should function optimally. By placing religion as a foundation and making ethics and morals the foundation of social interactions, families can return to their true nature as the birthplace of quality generations with character, ethics, and spiritual values.  

Minan Minan

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

In society, there are terms like Lesbian, Gay, Bisexual, Transgender (LGBT) which are generally considered as a form of sexual orientation deviation. Sexual orientation itself refers to a person's emotional, physical, or romantic attraction to either the same or the opposite sex. Some countries legalize homosexual life, including same-sex marriage, but in the context of sexual deviation, homosexuality is considered contrary to the norms and values maintained in society. Based on this, several issues are raised, namely how Indonesian criminal law, especially the Criminal Code (KUHP), regulates LGBT; looking at Law Number 39 of 1999 concerning Human Rights for LGBT; and what legal efforts are made by the government to address issues related to LGBT. The author uses a descriptive analytical research method, with a normative descriptive approach that examines literature and regulations using qualitative legal analysis. The research results show that the provisions regarding homosexuality in Indonesian criminal law, which include Lesbian, Gay, Bisexual, and Transgender, are contained in Book II of the Criminal Code, Chapter XIV concerning Sexual Crimes, Article 292, and for cases involving children, are stipulated in Article 82 paragraph (1) of Law Number 35 of 2014. Furthermore, there is no legal recognition of homosexuality, and the law only permits homosexual practices involving children under the age of majority. The constitution recognizes human rights with limitations that may not conflict with regulations, morals, religious values, or public safety. The government is making efforts by coordinating not only with the LGBT community but also with relevant agencies, preventing violations arising from policies or systems, and continuously raising awareness among the government, the public, and various parties regarding human rights principles.

Kintannia Khairunnissa Indriyanti

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

A fiduciary guarantee agreement is a formal agreement that must be stated in a notarial deed as regulated in Article 4 of the Fiduciary Guarantee Law. This provision states that a fiduciary guarantee is a subsidiary agreement of the main agreement that creates an obligation for the parties to fulfill a performance. Execution, in this context, is a legal action carried out based on a legally binding decision. Article 15 paragraph (2) of the Fiduciary Law explains that the executorial power of a fiduciary guarantee certificate allows for direct implementation without going through a court, is final, and binds the parties. This research uses an empirical normative method, namely combining library studies with field research. Primary data was obtained through interviews with Judges of the Yogyakarta District Court, Judges of the Sleman District Court, the Yogyakarta State Assets and Auction Service Office (KPKNL), and the Yogyakarta Regional Office of the Ministry of Law and Human Rights. Secondary data comes from primary, secondary, and tertiary legal materials. The analysis was conducted qualitatively. The research results indicate that following Constitutional Court Decision No. 18/PUU-XVII/2019, the execution of fiduciary collateral objects can no longer be carried out unilaterally by creditors, but must instead be filed through the District Court. This provision balances the legal standing between debtors and creditors and prevents potential arbitrariness. Nevertheless, execution through the courts is an alternative if there is no agreement between the parties regarding a default. The court's role following the Constitutional Court decision includes resolving disputes between creditors and debtors and ensuring that execution procedures are carried out in accordance with the HIR (Regional Regulations for the Protection of Creditors), RBG (Regional Regulations for the Protection of Creditors), and the Supreme Court's technical instructions. In general, the execution mechanism through the courts is considered quite effective in ensuring legal protection for both parties.

Murshal Senjaya

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

In the customary law system, there is a pattern of punishment and prosecution which is more or less similar to the Islamic legal system, where the role of the victim's family is very important in determining whether or not the perpetrator will be prosecuted and punished. In customary law, legal settlements are carried out with an emphasis on togetherness or harmony. Settlement of criminal cases, especially bullying through customary law, is a process of resolving cases outside of court which consists of first, a mediation system with a consensus approach through deliberation. Second, the restorative justice system is a case resolution system with the aim of restoring the situation that arose for the victim so that a sense of brotherhood between each party is re-established. This system produces an agreement that is a win-win solution, guarantees the confidentiality of the parties' disputes, avoids delays caused by procedural and administrative matters, and resolves problems comprehensively together and while maintaining good relations. Thus, these customary sanctions do not provide legal protection and fulfillment of children's rights for children who are victims of sexual violence. In sexual crimes against children, children are positioned as victims who experience detrimental impacts, namely physical and psychological harm. Therefore, it is mandatory to be protected, not judged.

Wayan Agus Kertiyasa; I Made Mulyawan Subawa; Ida I Dewa Ayu Dwiyanti

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

Indonesia is a country that highly upholds the law, this is stated in the 1945 Constitution of the Republic of Indonesia. In line with these provisions, one of the important principles of a state based on law is the guarantee of equality for everyone faced with the law. The emergence of legal disputes related to land begins with objections related to claims for land rights, both regarding land status, priority and ownership, with the hope of obtaining administrative resolution in accordance with applicable provisions. The problem raised in this study is about court decision no. 148 / pdt.g / 2024 / pn in Tabanan. This study uses an empirical legal research method, namely research with field data as the main data source, such as interview results and observations. In addition, this research is also supported by normative data sourced from books and legislative studies. The purpose of this study is In general, this report aims to provide an overview of the settlement of criminal acts of court decisions in Tabanan. Based on the formulation of the problem How is the Implementation of Decision No.148/Pdt.G/2024/PN.Tab Regarding the Validity of Land Ownership Certificates, What legal remedies can be taken by legitimate heirs in the event of cancellation of the transfer of land ownership certificates. The results of the research conducted. It is known that the lack of concreteness of the Tabanan District Court's decision so that the settlement of civil cases is still ongoing, in process or ongoing, so far the parties involved are still trying to find a solution by collecting evidence and witnesses to resolve land disputes in Tabanan, the author concludes that the court has a central role in deciding cases and the author also advises all people before making land purchases and sales to check the completeness of documents, for example certificates.  

Gilang Ramadhan

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

Free trade provides significant opportunities for developing countries to increase exports, expand market access, and drive economic growth. Through engagement in global markets, products and services can reach a wider range of consumers, creating the potential for increased national income. However, global economic integration also presents serious challenges, particularly in terms of the protection of Intellectual Property Rights (IPR). As national boundaries in economic activity become increasingly blurred, intellectual property—including patents, trademarks, industrial designs, copyrights, and trade secrets—becomes increasingly vulnerable to infringement. Common forms of infringement include piracy, counterfeiting of branded products, and theft of technology or innovation. These practices not only harm creators or rights owners but can also hinder the development of innovation, reduce industrial competitiveness, and undermine consumer confidence. Adequate IPR protection requires a combination of strong national regulations and an effective international legal framework. Instruments such as the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement under the WTO provide global standards to which compliance must be adhered, but implementation at the national level is crucial for their success. Weak or inconsistent law enforcement can open the door to violations that harm both domestic and foreign businesses. Beyond legal aspects, effective IPR protection also impacts the investment climate. Investors tend to invest in countries that can guarantee the security of their intellectual assets. Therefore, IPR protection is not only a legal issue but also a long-term economic development strategy. Therefore, in the era of free trade, developing countries need to balance market openness with strengthening IPR protection systems to create a conducive environment for innovation, sustainable economic growth, and public welfare.

Muhammad Ruslan; Abd Rahman; Suraiya Chapakiya

Jurnal Manajemen dan Pendidikan Agama Islam 2025 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

Moral and social education in Islam plays a crucial role in shaping children's character, developing noble character and social responsibility. In this context, the Prophet Muhammad (peace be upon him) serves as a prime role model, whose behavior and sayings provide comprehensive guidance for the development of character values. This study aims to analyze authentic hadiths depicting the Prophet's interactions with children to uncover key moral and social values that can be integrated into contemporary Islamic education. The method used is a descriptive qualitative approach with thematic analysis techniques. Data were collected from relevant authentic hadith literature and then analyzed to identify moral values such as honesty, compassion, justice, empathy, and respect for children's rights. The analysis also considered the historical and social context of the hadiths, allowing interpretations of the values to be tailored to current educational needs. The results show that the Prophet Muhammad taught moral and social principles not only through verbal statements but also through concrete examples in his daily life. For example, he demonstrated gentleness toward children, respected their opinions, appreciated good behavior, and reprimanded them wisely when mistakes occurred. This approach creates an educational pattern that is not authoritarian, but rather builds positive emotional bonds between educators and students. These findings emphasize the relevance of prophetic values in shaping character education in the modern era, which often faces challenges of morality and the degradation of social values. Integrating these values into the curriculum and educational practices in schools and families is expected to produce individuals who are not only intellectually intelligent but also possess high moral integrity and social sensitivity.

Ersa Mitha Alutgusti

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

This research is entitled "Socialization of the General Election Commission in Increasing Voter Participation in the 2024 Regent and Deputy Regent Election of Ciamis Regency (Case Study in Ciamis District)". The focus of this research is to determine how the implementation of socialization carried out by the General Election Commission (KPU) of Ciamis Regency in an effort to increase public participation in the 2024 Regent and Deputy Regent Election, especially in the Ciamis District area. The research method used is descriptive qualitative with a case study approach. Data collection techniques include in-depth interviews with related parties, direct observation of socialization activities, and collection of supporting documentation. The data obtained are analyzed qualitatively through the process of data reduction, data presentation, and drawing conclusions. The results of the study indicate that the Ciamis Regency KPU carried out socialization by referring to the Theory of Three Elements of Socialization proposed by Haryanto (2018) in the book Political Socialization: An Initial Understanding. The three elements include: Socialization Agents, namely parties who play a role in conveying information, such as KPU officers, District Election Committees (PPK), and community leaders, Socialization Materials, including information regarding election stages, voting procedures, the importance of voting rights, and the role of the community in maintaining democracy, Socialization Methods, which are carried out through face-to-face meetings, leaflet distribution, banner installation, social media, and community-based activities. Although socialization activities have been carried out in a planned manner and involved various media, research results indicate that their implementation has not been optimal. Some obstacles found include limited reach to all levels of society, minimal participation in socialization activities, and a lack of innovation in information delivery methods. In conclusion, the socialization carried out by the Ciamis Regency KPU for the 2024 Regent and Deputy Regent Election has been running but needs to be increased in intensity, creativity, and equal distribution of targets so that voter participation can be maximized.

Wilda Hilda Riska Laia; Roida Nababan; Besty Habeahan

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

Agreement is one of the most important sources of engagement in civil law. In practice, agreements become the legal basis for parties to regulate mutual rights and obligations. As in credit agreements where credit agreements are one of the most common forms of agreements in banking practices and financing activities in Indonesia. This agreement becomes the legal basis for the relationship between creditors and debtors in the context of providing loan facilities. This article discusses the juridical aspects of credit agreements, starting from the elements of a valid agreement, the principles that underlie it, to the legal consequences that arise in the event of default or unlawful acts by one of the parties. The research was conducted using a normative juridical method that focuses on analyzing laws and regulations, especially the Civil Code and the Banking Law. The results of the study show that credit agreements are not only civilly binding, but also contain potential criminal law consequences in the event of misuse. Therefore, it is important for the parties to understand the contents and legal consequences of the credit agreement thoroughly.

Suharti Jetia

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

The practice of withholding a diploma as a condition of employment is still widespread in employment relationships in Indonesia. Generally, employers argue that withholding a diploma is intended to guarantee that workers complete the agreed-upon work contract period. However, this practice raises legal issues because it has the potential to violate the principle of freedom of contract, especially when viewed in light of the provisions of Article 1320 of the Civil Code (KUH Perdata), which regulates the conditions for a valid agreement. A diploma withholding clause can affect the fulfillment of the element of free agreement, because such clauses are often agreed to under duress or without fair alternatives for workers. This study aims to examine the validity of diploma withholding clauses in employment agreements and assess the legal consequences if such clauses are declared invalid. The research method used is a normative juridical approach by analyzing relevant laws and regulations, legal doctrine, and court decisions. The results of the analysis show that diploma withholding clauses often conflict with the conditions for a valid agreement, especially the element of lawful cause, because they conflict with the principles of protecting workers' rights and the principle of justice in freedom of contract. Furthermore, this practice can lead to human rights violations, considering that diplomas are important personal documents and cannot be confiscated without a clear legal basis. If the diploma retention clause is declared invalid, the clause is null and void and does not bind the parties. Consequently, the employer is obliged to return the diploma to the employee unconditionally, and the employee has the right to claim compensation if they suffer losses due to the retention. This study recommends the need for stricter regulations in employment regulations to prohibit the practice of diploma retention, in order to ensure the creation of fair and equal employment relationships in accordance with the principles of contract law.

Ahmad Pahmi; Hartanto Hartanto; Uyan Wiryadi

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

One example of a case of falsified documents in the issuance of overlapping land certificates occurred in East Luwu Regency and was raised in court through Decision Number 90/Pid.B/2020/PN MII. In this case, it was discovered that land certificate falsification was carried out by a land mafia, resulting in the emergence of two certificates for the same plot of land. This practice not only harms the legitimate owner but also creates laws and gives rise to complex agrarian conflicts. This research uses a normative juridical method, with an approach based on laws and court decisions. The results show that the preservation was an intentional act carried out by one party, with the aim of controlling land rights that did not belong to him. In the decision, the perpetrator was found guilty and sentenced because it was also proven to have falsified documents, as stipulated in Article 263 of the Criminal Code (KUHP). From this case, it can be concluded that law enforcement against overlapping duplicate certificates is very important to ensure legal certainty and protection. Protection efforts for land rights holders are carried out through a land registration process that complies with procedures based on Law Number 5 of 1960 concerning the Principles of Agrarian Law. Compliance with these procedures can provide a strong basis for identifying legitimate rights holders and preventing future damage, including cases of overlapping certificates caused by document falsification. To prevent the recurrence of similar cases, it is necessary to improve the monitoring system and digitize land data comprehensively by the National Land Agency (BPN). An integrated digital-based land system can minimize the opportunity for the issuance of duplicate certificates for a single plot of land, because all land rights data can be accessed and disclosed transparently and in real time.

Zul Khaidir Kadir

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

Punitive populism is a political-legal phenomenon that replaces legal rationality and corrective justice with a rhetoric of power that negates the protection of human rights and the rehabilitative function of the criminal justice system. In this context, criminal policy tends to be characterized by a repressive approach that prioritizes symbolic punishment for short-term political legitimacy. Social polarization further strengthens the destructive power of punitive populism by making the issue of crime a symbolic instrument in identity conflicts, thereby losing its autonomy and submitting to an emotional, majoritarian logic. This study aims to analyze how punitive populism, as a product of the interaction between populist logic and social polarization, results in the erosion of the basic values of modern law, particularly the principles of proportionality, legal certainty, and human rights protection. Furthermore, this study also identifies structural barriers that hinder efforts to curb its expansion in criminal policy. The study uses qualitative methods with a conceptual approach. Data were obtained through library research of academic literature, legal documents, and policy analysis, then processed using qualitative analysis techniques and presented descriptively. The research findings show that punitive populism has shifted the orientation of criminal policy from a paradigm of justice and rehabilitation to a logic of punishment that is reactive to public emotional distress. The mass media, particularly within a polarized information ecosystem, plays a role in shaping distorted perceptions of crime, thereby reinforcing public demands for harsh and immediate policies. This situation creates legal vulnerability to political instrumentalism, threatens the principle of the rule of law, and deepens social exclusion of vulnerable groups. To address this, strategic steps are needed, including limiting fear-based political rhetoric, strengthening independent legal institutions, and rebuilding a criminal law paradigm based on substantive justice, inclusivity, and respect for human rights.

Ni Putu Yuliana Kemalasari; KMS Herman

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

The rise of online loans (commonly known as pinjol) reflects the broader transformation of conventional financial systems into digital platforms, influenced heavily by the rapid development of financial technology (fintech). While online loans offer ease and accessibility, their implementation has raised significant legal concerns—particularly relating to the violation of privacy and the rights of third parties who are not directly involved in the loan agreement. One of the main legal issues occurs during the debt collection process, where third parties—often relatives, colleagues, or acquaintances of debtors—are subjected to intimidation, unlawful dissemination of personal data, and public defamation. These practices are not only unethical but also infringe on the privacy and dignity of uninvolved individuals. This article employs a legal research method using a normative approach. As a normative legal study, it analyzes laws, regulations, and legal literature relevant to the problem. The study finds that current legal regulations do not adequately protect third parties from the harmful practices associated with online loan collections. In response, there is a pressing need for regulatory reform. This includes strengthening personal data protection laws, enhancing supervision mechanisms over fintech companies, and ensuring that legal standards are consistently enforced. Reformulating these regulations will help address the legal vacuum and ensure greater legal certainty and protection for all individuals affected by online loan transactions. Through comprehensive policy changes and stronger enforcement, the negative impact of online loans can be mitigated, safeguarding both borrowers and uninvolved third parties.

Ridwan Anthony Taufan; Azis Budianto

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Ownership rights to houses and buildings are the highest form of ownership recognized in the land law system in Indonesia. The legality of this ownership right is vital to ensure legal certainty for the owner and prevent potential disputes that may arise due to unclear ownership status. The study analyzes the legal aspects of ownership rights to houses and buildings, including the legal basis, acquisition procedures, and legal protection mechanisms available to the owner. In addition, this study also examines various problems that often arise in the ownership of property rights, such as overlapping certificates, ownership conflicts, and legal implications in the process of transferring rights. The analysis uses a normative legal method with a conceptual and statutory approach. The Basic Agrarian Law (UUPA), Government Regulations, and Regulations of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) are among the regulations that control ownership rights to land and buildings. The statutory approach is carried out by examining these regulations. Meanwhile, the conceptual approach is applied to examine the concept of ownership in land law and the underlying legal principles. The data used in this study are sourced from literature studies, including legal literature, academic journals, and official documents related to land regulations in Indonesia. The results of this study are expected to contribute to a more comprehensive understanding of the legality of ownership rights to houses and buildings, as well as being a reference for landowners, legal practitioners, and the government in managing the legal aspects of land and building ownership. With firmer legal certainty, it is hoped that a more transparent and equitable land system can be created for all interested parties.