Publication Search

This research aims to analyze the legal responsibility of business actors in the circulation of illegal cosmetics and legal protection for consumers based on applicable laws and regulations. The method used is normative legal research with a statutory approach, the nature of the research used is prescriptive and uses legal material collection techniques with literature studies. The results showed that 1) business actors who distribute illegal cosmetic products are legally responsible both civil, criminal and administrative. 2) Legal protection for consumers still faces serious challenges due to weak supervision and low legal awareness. Therefore, it is necessary to strengthen law enforcement and increase consumer education to prevent losses due to the use of illegal cosmetic products.

Restoration for victims of criminal acts is an essential aspect of the judicial system that is often overlooked. Law enforcement efforts tend to focus on perpetrators, while victims' rights, including physical, psychological, and financial recovery, remain neglected. The case of Een's murder and arson serves as an example where restitution and compensation rights were not clearly accommodated in legal proceedings. This article aims to examine the legal procedures available to victims or their families in obtaining restoration rights. The discussion includes criminal law aspects such as restitution and compensation based on Law No. 13 of 2006 jo. Law No. 31 of 2014 on Witness and Victim Protection, as well as the Criminal Procedure Code (KUHAP). Additionally, this article highlights the civil law route through lawsuits based on Article 1365 of the Civil Code regarding unlawful acts (KUHAPER). With a normative juridical approach and internship experience at the Legal Consultation and Assistance Clinic of Trunojoyo Madura University, this article is expected to contribute to strengthening victims' rights within the Indonesian legal system through the available legal avenues, both criminal and civil.

Law enforcement against minor crimes committed by children and the elderly often causes public dissatisfaction because it is considered to not take into account the principles of justice and benefit. To answer this problem, the Supreme Court issued Supreme Court Regulation (Perma) Number 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice. This study raises two main problems: (1) How is Perma Number 1 of 2024 applied to children and the elderly who commit minor crimes? and (2) What are the inhibiting factors in its implementation? The purpose of the study is to analyze the implementation of the Perma and identify the obstacles faced. The methods used are normative juridical and empirical juridical, with a statutory, case, and conceptual approach. Data collection was carried out through document studies and interviews with practitioners and academics. The results of the study show that Perma Number 1 of 2024 provides space for resolving minor criminal cases in a more humane manner through restorative justice. However, its implementation still faces obstacles, including the lack of understanding of law enforcement officers, limited supporting facilities, and resistance from some communities and victims who still choose the formal legal process. In conclusion, although this Perma provides a great opportunity for peaceful resolution, its implementation requires commitment from all parties. It is recommended that there be increased training and socialization for law enforcement officers, provision of penal mediation facilities, and additional regulations to strengthen protection for children and the elderly as vulnerable groups.

This research aims to examine the gap in legal protection for domestic workers in Indonesia through an analysis of Law No. 13 of 2003 on Manpower and ILO Convention No. 189 on Decent Work for Domestic Workers. Until now, domestic workers have not been explicitly recognized in national regulations, so their basic rights such as living wages, social security, and humane working hours are often neglected. This condition is exacerbated by the absence of written work contracts, the dominance of informal recruitment, and the view of the community that does not consider domestic workers as formal workers. This article concludes that the ratification of ILO Convention 189 and the passing of the Domestic Workers Protection Bill are strategic steps to strengthen legal protection for domestic workers in Indonesia, which also needs to be supported by labor inspection and comprehensive legal education.

Every teenager should ideally be able to grow and develop well according to their age and as the next generation of the nation, but in reality there are teenagers who commit crimes, one of which is online gambling. Online gambling crimes among teenagers have an impact on other crimes, such as theft, so they must be dealt with optimally. The problem of this research is regarding the criminological analysis of online gambling crimes among teenagers in North Lampung and how the efforts made by the North Lampung Police in dealing with online gambling crimes among teenagers. This research uses a normative and empirical legal approach. The data collection procedure is carried out by means of literature studies and field studies. which are then analyzed qualitatively to obtain conclusions. The results of the research and discussion show that the criminological analysis of online gambling crimes among teenagers in North Lampung in accordance with the Differential Association Theory shows that the cause of teenagers committing online gambling crimes is the interaction, relationship, and communication between teenagers who have never gambled online with other teenagers who have gambled online. In accordance with the Strain Theory, the cause of teenagers committing online gambling crimes is the demands of daily needs. According to Social Control Theory, the cause of teenagers committing online gambling crimes is the lack of supervision from various related parties such as family, schools/educational institutions and law enforcement officers. Efforts to overcome online gambling crimes in teenagers through non-penal means are carried out by socializing child protection and cooperating/coordinating with schools. Penal means are carried out through the process of investigating children who commit online gambling crimes by child investigators based on the Juvenile Justice System Law.    

Child marriage in Indonesia is still a serious problem despite regulations that limit the minimum age of marriage. The revision of Law No. 16/2019 sets the minimum age at 19 years, but the practice of marriage dispensation has actually increased. This phenomenon reflects the gap between formal legality and social reality which is influenced by factors such as low education, patriarchal culture, conservative religious interpretations, social pressure, and poverty. Dispensation for marriage is often granted without an in-depth assessment of the child's readiness, ignoring the principle of the best interests of the child. Law enforcement has not been effective due to the lack of legal literacy, weak supervision, and the dominance of local values. Prevention efforts require an interdisciplinary approach through reproductive health education, strengthening social protection, community participation, and synergy between institutions. Therefore, the elimination of child marriage must be a strategic policy based on the transformation of social norms and the protection of children's rights in a holistic and sustainable manner within the framework of gender perspective development and social justice.

This study compares sex work regulations in Indonesia and Thailand through the lens of human security. Using qualitative comparative literature approach, the research analyzes four core dimensions including health, economy, legal protection, and social inclusion. Findings show that Indonesia still relies on criminalization, which exacerbates vulnerability, restricts access to health services, and reinforces stigma. Conversely, Thailand is undergoing a regulatory transition marked by community engagement, harm reduction practices, and early steps toward decriminalization. However, Thailand’s policy remains incomplete in addressing the rights of migrant and transgender sex workers. The study concludes that while Thailand provides a more inclusive model, both countries require further policy reform distinguishing voluntary sex work from exploitation, strengthening grassroots organizations, and regional policy harmonization under ASEAN human rights framework.

The development of financing practices with fiduciary guarantees in Indonesia often raises legal issues, especially regarding the unilateral withdrawal of credit objects by creditors against defaulting debtors. This action is often carried out without the consent of the debtor or a court decision, thus potentially violating the principles of justice and the principle of due process of law. This research aims to analyze the form of legal protection for debtors in a fiduciary financing agreement. The type of research used is normative juridical with an approach to legislation and court decisions. The results showed that the act of unilateral withdrawal can be categorized as a civil and criminal tort. Therefore, regulatory reform, increased legal literacy, and a fair and humanist dispute resolution mechanism are needed. It is recommended that fiduciary execution be carried out in accordance with legal procedures to protect the debtor's constitutional rights and ensure fairness in contractual relationships.

The right to a decent and healthy environment is explicitly guaranteed under Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. However, in practice, development policies that prioritize economic growth often neglect environmental sustainability and may even compromise the environmental rights of future generations. This article aims to examine the concept of the constitutional rights of future generations to a sustainable environment within the framework of Indonesian constitutional law, and to evaluate the state's responsibilities in achieving sustainable development based on the principle of intergenerational justice. This study employs a normative juridical approach by analyzing constitutional provisions, statutory regulations, legal doctrines, and relevant decisions of the Constitutional Court. In conclusion, the article recommends strengthening the constitutional dimension of environmental protection through environment-based judicial review, reformulating development policies to ensure intergenerational sustainability, and explicitly recognizing the rights of future generations within the Indonesian constitutional legal framework.

Interpretation of debt-to-equity swap provisions for goods purchase transactions as stipulated in the Financial Services Authority Regulation (POJK) Number 14/POJK.04/2019 concerning Affiliated Transactions and Conflicts of Interest in Certain Transactions. The principle of openness and fairness in transactions between affiliated parties, including in the context of debt-to-equity swaps. However, this provision does not explicitly regulate the conversion of debt arising from goods purchase transactions, thus creating room for legal interpretation regarding whether business debt from operational activities can be converted into equity participation through the issuance of new shares. This study aims to analyze the implementation of debt-to-equity conversion as a financial restructuring strategy, with a focus on legal certainty and protection of public shareholders based on POJK 14/2019. The study uses a normative legal approach with the method of statutory regulations and case studies on PT SLJ Global Tbk. The results of the study indicate that PT SLJ Global Tbk has complied with the formal procedures of POJK 14/2019, including information disclosure, GMS approval, and unaffiliated creditor criteria. However, the conversion of business debt creates legal ambiguity due to the lack of clarity as to whether the debt meets the definition of “loan” in POJK 14/2019. In addition, the dilution of public shares by 34.32% without adequate protection mechanisms indicates a lack of legal certainty. The study recommends normative interpretation and strengthening of regulations to ensure fairness and legal certainty in the practice of debt conversion. Keywords: ; ; ; ; 

This study examines interfaith marriage and its impact on family economic rights from the perspectives of Islamic law and positive law in Indonesia, with a case focus on Sumedang Regency. Employing a qualitative phenomenological approach, the research involved semi-structured interviews with both traditional and modern Islamic scholars, along with an analysis of religious texts and statutory regulations. The findings reveal that the majority of scholars reject interfaith marriage based on Sharia principles and Article 2(1) of Law No. 1 of 1974 on Marriage. Nevertheless, some couples pursue such unions through administrative religious conversion or overseas ceremonies to obtain legal recognition. These practices often result in legal ambiguity regarding economic rights within the family—such as inheritance, joint property, and financial support—and may lead to familial disputes. Additional social consequences include identity confusion among children, community stigma, and potential conflicts within extended families. The study underscores the strategic role of institutions like Islamic boarding schools (pesantren) and the Office of Religious Affairs (KUA) in providing legal education and advocates the need for a responsive civil registration mechanism that acknowledges interfaith marriages while respecting Islamic legal principles. A contextual approach is proposed to bridge the tension between religious norms, legal certainty, and the protection of family economic rights.

This study is motivated by the importance of fulfilling the basic rights of honorary teachers as part of efforts to improve the quality of national education. Honorary teachers in private schools, particularly at SD Kasatriyan Surakarta, often face challenges related to welfare and legal protection that are not yet optimal. The study aims to analyze the conformity of the fulfillment of basic rights of honorary teachers at SD Kasatriyan Surakarta with the provisions of Law Number 14 of 2005 concerning Teachers and Lecturers. The research employs normative juridical and empirical juridical methods, with secondary data obtained from literature review and primary data collected through interviews and direct observations at the research site. The findings indicate that most honorary teachers receive salaries far below the Surakarta City Minimum Wage and lack social welfare guarantees, such as health insurance or accident protection. Furthermore, access to training, competency development, as well as recognition and promotion, remains very limited. These findings highlight a gap between legal norms and field practices, necessitating more serious policy interventions from the government and foundations to ensure the rights of honorary teachers are fully met and to enhance the overall quality of education.

Passenger safety in ferry transportation is a crucial issue in Indonesia's sea transportation system, especially due to the high rate of accidents caused by the negligence of port managers. This study aims to analyze the form and limit of port manager's legal responsibility for passenger safety based on national regulations and international legal instruments. This research uses a normative method with the approach of legislation, legal doctrine, and court decisions. The results of the study show that port managers have administrative, civil and criminal responsibilities for passenger safety, including moral and social responsibilities. Failure to carry out these obligations can lead to legal sanctions. It is recommended that port managers strengthen safety management systems, improve inter-agency coordination, and adopt technology and good governance principles to ensure optimal legal protection for passengers. Regulatory updates and continuous supervision are also indispensable.

Sexual violence against children and women in Indonesia remains a critical issue with lasting physical, psychological, and social consequences for victims. This study aims to analyze existing legal protection efforts for child and female victims of sexual violence, identify regulatory and implementation weaknesses, and formulate policy recommendations. Employing a normative legal research design with a doctrinal‑descriptive approach, it reviews legislation, scholarly literature, and court decisions. The findings reveal that despite legal frameworks such as Law No. 35/2014 on Child Protection and relevant Criminal Code provisions, significant gaps persist in offense categorization, victims’ access to legal aid services, and inter‑agency coordination. The implications highlight the need for regulatory refinement, strengthened reporting mechanisms, and enhanced capacity of law enforcement and legal aid institutions to ensure comprehensive victim protection.  

This study aims to analyze Legal Protection and Gender Justice for Women in the Practice of Siri Polygamy: Analysis of the Principles of Islamic Civil Law. The practice of polygamy in Indonesia often causes injustice for women, who do not receive adequate legal protection. This study analyzes the relationship between the principles of Islamic civil law and the reality faced by women in the practice of siri polygamy. Although Islamic law emphasizes justice and protection of women's rights, many women are trapped in situations of injustice due to a lack of understanding of the law and social stigma. This study uses a normative juridical method to explore the truth between legal norms and practices in the field. The results of the study indicate that minimal social support, lack of understanding of legal rights, and social stigma contribute to the injustice experienced by women. To improve legal protection and gender justice, it is recommended that there be recognition and registration of siri polygamous marriages, strengthening of legal regulations, assistance for women, and education and socialization regarding legal rights. With these steps, it is hoped that women's rights in the practice of siri polygamy can be fulfilled fairly within the framework of Islamic law and state law.  

Bank credit agreements are often drafted in the form of standardized clauses that are detrimental to customers because they are made unilaterally by banks without room for negotiation. This position imbalance is exacerbated by low legal literacy and information asymmetry between the two parties. This research aims to analyze the ideal form of legal protection for customers in the face of harmful standard clauses. Through a normative juridical approach and case studies, it is found that regulations such as the Consumer Protection Law and POJK have provided a legal basis, but their implementation is still weak. Ideal legal protection includes three aspects: preventive, repressive, and curative, and requires the active role of the state and OJK as supervisors. Regulatory updates, strengthened legal education, and fairer contract supervision are needed to create an equitable and inclusive financial ecosystem. Effective protection will also strengthen public confidence in the banking sector.

Appreciation of IPR in Indonesia is still relatively low and many people consider IPR to be unimportant and even many lay people do not understand IPR. One of them is the protection of trade secrets which plays an important role for both personal and public interests. The research method is normative legal with prescriptive data analysis. Trade secrets cover aspects of pre-production to post-production, including marketing and sales. The use of trade secrets without permission and approval from other parties is a violation of Law Number 30 of 2000 concerning Trade Secrets. The use of information includes production methods, frying, grinding, to marketing and sales of CV ground coffee. Tiga Putra Berlian resembles CV. Bintang Harapan by recruiting employees, offering coffee products that have been produced to CV customers. Bintang Harapan, causing losses and violating Article 17 of Law Number 30 of 2000.

This study aims to critically analyze the impact of the SIM card data leak by an anonymous actor named Bjorka on the level of public trust in digital security in Indonesia which first appeared in mid-2022, precisely in August 2022. In addition, it evaluates the extent to which the national legal system is able to provide protection for digital service users and examines the social, moral, and ethical responses of society in addressing the incident. This case demonstrates that data breaches are not merely technical issues but also shake the legitimacy of the state in safeguarding citizens’ privacy rights, while revealing gaps in regulatory systems and data governance. This research employs a qualitative approach with a descriptive method. Data were collected through literature reviews of scholarly articles, academic journals, policy reports, and relevant opinion pieces. The findings indicate that Bjorka’s data breach incident triggered a crisis of public trust in government institutions and digital service providers. The public responded with fear, anger, and disappointment, mainly due to the lack of transparency and accountability from the responsible parties. Moreover, the implementation of Law No. 27 of 2022 on Personal Data Protection is considered ineffective, both in terms of law enforcement and the readiness of technical and institutional infrastructure.

The death penalty is one of the means of protecting society and the state in the form of prevention and action. Indonesia is one of the countries that still maintains and recognizes the legitimacy of the death penalty as a punishment for perpetrators of criminal acts. The death penalty is closely related to human rights because the death penalty is the most severe punishment because perpetrators of criminal acts will lose the right to life which is a priceless right. Therefore, there is a conflict between the imposition of the death penalty on perpetrators of criminal acts and human rights. This paper aims to determine the provisions regarding the death penalty and the protection of human rights. The type of research taken in this study is normative legal research that contains relevant issues. Normative legal research is research that is conducted by reviewing applicable laws and regulations or applying them to legal problems. Several laws and regulations in Indonesia still maintain the threat of the death penalty, although the death penalty has been criticized by human rights activists. Therefore, there is a compromise (criminal policy) in the Criminal Code, namely using the death penalty as an alternative punishment rather than the main punishment and only applies to very serious crimes.

This study examines the transfer of trademark rights as a means of debt settlement in corporate bankruptcy proceedings, using the bankruptcy case of PT Nyonya Meneer as a case study. The main issue addressed is how trademarks, as intangible intellectual property with high economic value, can be used as debt settlement assets during bankruptcy. This research employs a normative legal method with statutory and conceptual approaches, supported by a review of relevant court decisions. The analysis focuses on the relationship between the provisions of Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations and Law No. 20 of 2016 on Trademarks. Trademarks may be transferred or sold to fulfill the debtor's obligations. Theoretical foundations include the Creditors’ Bargain Theory (Thomas H. Jackson) and the principle of wealth maximization (Richard A. Posner), emphasizing collective settlement and asset value optimization. The findings reveal that trademark transfer in bankruptcy is not explicitly regulated, creating a legal gap that affects the effectiveness of debt settlement and the protection of creditors’ rights. In the PT Nyonya Meneer case, the trademark despite its potential as a debt settlement instrument was not utilized optimally. Therefore, direct transfer of trademarks to creditors as a form of debt payment can be seen as an alternative solution, provided it is conducted under the principles of justice, legal certainty, and efficiency. This study recommends further regulation on the management and transfer of intellectual property within the bankruptcy regime to address the challenges of modern business practices.