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Mohammad Rizky Siregar; Muthia Sakti; Iwan Erar Joesoef

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

This research examines the legal responsibility of corporate guarantors declared bankrupt for their obligations to creditors in loan agreements, analyzing Court Decision No. 318/Pdt.Sus-PKPU/2022/PN Commercial Court Jakarta Central. The study addresses the legal complexities arising when a corporate guarantee becomes insolvent before the principal debtor defaults, creating jurisdictional conflicts between bankruptcy law and guarantee obligations. Using normative legal research methodology with a juridical normative approach, this study analyzes the application of Article 229(2) in conjunction with Article 278(6) of Law No. 37/2004 on Bankruptcy and Suspension of Debt Payment Obligations (K-PKPU) and Article 1381 of the Civil Code. The research reveals that the curator's action in obstructing and rejecting PT KawanCicil Teknologi Utama's claim registration against the bankrupt guarantor without proper judicial determination constitutes conduct not based on applicable laws and regulations. The findings demonstrate that when a guarantor is declared bankrupt and the debtor is in default, the Supervisory Judge and Curator must accept PT KawanCicil Teknologi Utama as a creditor with rights to the debtor's assets during asset liquidation proceedings. The study concludes that bankruptcy declaration of a guarantor does not automatically terminate guarantee obligations under Article 1381 of the Civil Code, as bankruptcy is not enumerated among the causes of contract termination. This research contributes to legal certainty in corporate guarantee enforcement within Indonesia's bankruptcy framework and provides recommendations for legislative harmonization between conflicting provisions in bankruptcy law.

Anisatu Rodiyah; Ellisabet Ambar Eka Sari; Nindya Faristanti; Raphael Arya Hangono; Yusuf Riyan Prasetyo +2 more

Jurnal Pengabdian Masyarakat dan Transformasi Kesejahteraan 2025 Lembaga Pengembangan Kinerja Dosen

This study explores the issue of slum settlements in Ledhok Timoho Village, located along the banks of the Gajah Wong River in Yogyakarta. The area faces complex social, economic, legal, and environmental challenges, mainly due to the legal uncertainty of Sultan Ground land where many residents live. A descriptive qualitative method with a case study approach was applied. The findings reveal that unclear land ownership hinders residents’ access to public services and decent housing. Local initiatives such as TAABAH have been instrumental in advocating for residents’ rights, yet structural limitations persist. The study recommends implementing long-term residential concession schemes, replicating the livable village model through community participation, revitalizing basic infrastructure, and integrating human rights-based and Sustainable Development Goals (SDGs) approaches. An inclusive and collaborative strategy is essential for slum settlement upgrading that is sustainable, equitable, and respectful of human dignity.

Dino Rizka Afdhali; Yanto Yanto; Slamet Tri Wahyudi

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Under Law No. 1 of 2023 or the New Criminal Code, capital punishment is regulated as a punishment that involves the deprivation of the defendant's life for serious crimes committed, with its implementation following the procedural rules for capital punishment in Indonesia. The provisions outlined in Article 67 of the New Criminal Code specify the application of capital punishment in Indonesia, stating that it is no longer the primary punishment but rather the last resort after a ten-year probationary period. This study uses a normative legal method with legal sources such as primary legal materials, namely laws regulating capital punishment, as well as secondary legal materials, which explain and clarify the primary laws. The debate on capital punishment involves two main schools of thought, namely those who support the application of capital punishment for serious crimes and those who reject the application of capital punishment due to the human rights perspective adopted by the Indonesian state.  Criticism of the death penalty includes issues of the right to life and the legal treatment that should be given by the government to defendants for extraordinary crimes, especially in cases of corruption, premeditated murder, and narcotics. In this study, it was found that (1) the optimal form of regulation of the death penalty for extraordinary crimes has actually been implemented quite well, but the execution of the death penalty is still considered weak by the author because the execution must be preceded by a waiting period of several years in prison for the condemned prisoner (2) that the death penalty is not contrary to human rights, whether viewed from a legal, religious, or international perspective. (3) The new Criminal Code can balance the retributive and rehabilitative aspects as the ideal concept for the implementation of the death penalty. However, in some provisions, it is hoped that the death penalty can be used as a Premium Remedium in certain cases.

Avilla Deva Aryanda; Ali Masyhar; Cahya Wulandari

Journal of Administrative and Sosial Science (JASS) 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The implementation of the death penalty remains controversial, especially when viewed through the lens of human rights such as the right to life and freedom from torture. In Indonesia, the death penalty is enforced for serious crimes, but not yet applied to corruption. This research explores the possibility of applying the death penalty to corruption cases and identifies the obstacles hindering its enforcement. Using a normative legal research approach, this study examines both primary and secondary legal materials. Corrupt acts in Indonesia are punishable by imprisonment, restitution, and in severe cases, the death penalty. The enforcement of penalties is part of Indonesia's criminal justice system, encompassing legal substance, legal structure, and legal culture. From a criminal policy perspective, the death penalty may serve as a deterrent and contribute to social welfare. However, its implementation faces challenges, including weak legal foundations, concerns over human rights, and pressure from international human rights agreements.

Dina Amanda; Ali Yusron; Ainun Mardia Harahap

Jurnal Insan Pendidikan dan Sosial Humaniora 2025 International Forum of Researchers and Lecturers

Implementation of Student Management in Improving Student Learning Achievement at SMA Negeri 3 Panyabungan. In school management, the system must be improved, starting from student management, the recruitment process for educators and education staff must meet school requirements and then implement more creative learning to support increasing teacher competency. On the basis of the explanation above, the research intends to examine in more depth the implementation of students in improving students' learning achievement. The problem formulation is: 1) How is the management of students at SMA Negeri 3 Panyabungan, 2) What is the achievement of students at SMA Negeri 3 Panyabungan, 3) How is the implementation of student management in improving the learning achievement of students at SMA Negeri 3 Panyabungan. This research aims to determine student management which includes student achievement and the implementation of student management at SMA Negeri 3 Panyabungan. This research uses a qualitative descriptive approach which aims to fully describe the phenomena that occur in the field. The informants in this research were the school principal, student affairs, homeroom teacher and students. From the research results, student management at SMA Negeri 3 Panyabungan is very good, seen from the results of the students' achievements, both academic and non-academic achievements. Student management has a very important role in schools. The implementation of student management at SMA Negeri 3 Panyabungan is carried out well, giving full rights to students to develop the potential of each student. The conclusion of this research is that the implementation of student management at SMA Negeri 3 Panyabungan is good. This can be seen from the students' achievements both academically and non-academicly. Other achievements were also obtained from teachers and other staff in improving achievements at SMA Negeri 3 Panyabungan.  

Solihat Solihat; Farah Malika Syahda; Nathania Nathania; Syarifah Azsefira Adhela; Helpi Helpi +1 more

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Domestic violence is a human rights violation that still occurs frequently in Indonesia, despite being regulated in Law No. 23/2004 on the Elimination of Domestic Violence. Many victims, especially women, choose to resolve domestic violence cases peacefully due to various factors such as social pressure, economic dependence, and community stigma. This research aims to analyze the factors behind the victim's decision to choose an amicable settlement and evaluate the mechanism from a victimology perspective. The research methodology uses an empirical juridical approach with primary data collection through interviews with victims of domestic violence in Serang City and secondary data from legal documents and related literature. The results show that the decision to reconcile is influenced by the presence of children in the household, economic independence, fear, and family or other people. In addition, efforts that can be made to ensure the prevention of recurrence of domestic violence are with temporary protection regulated in Article 16 of the PKDRT Law. The contribution of this research lies in an in-depth understanding of the dynamics of peaceful settlements in domestic violence cases and victimology-based policy recommendations to improve victim protection. This research also encourages the application of a restorative justice approach that favors the psychosocial needs of victims and the prevention of repeated violence.

Salma Salsabila; Ajeng Fitria Khairunnisa; Tiffany Riskilla Hamde; Hesti Kusumaningrum

Jurnal Nuansa : Publikasi Ilmu Manajemen dan Ekonomi Syariah 2025 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

This study aims to examine the role of strategic leadership in realizing ethics and sustainable learning in educational settings. Through study literature analysis, this research investigates theories and findings related to strategic leadership in education and its integration with ethical principles. The findings of this study show that successful strategic leadership not only prioritizes the achievement of organizational goals, but also affirms ethical principles as the basis for decision-making and management of educational institutions. Leaders who uphold ethics can build a school environment that is fair, inclusive and transparent, and ensure the fulfillment of the rights of all parties involved. In addition, educational leaders must have a vision that encourages innovation in the learning process by strengthening the role of teachers, utilizing technology and updating the curriculum that is appropriate and relevant to today's challenges. Continuous learning focuses not only on academic achievement, but also on developing students' character, skills for the 21st century and social responsibility. In addition, far-sighted strategic leadership plays a crucial role in driving innovation in learning and the application of technology to meet global challenges and build a sustainable education system. This research contributes ideas for the development of a responsive, ethical and sustainability-focused educational leadership model.  

Geraldus Damansus Boro Sale; Karolus K. Medan; Aksi Sinurat

Journal of Administrative and Sosial Science (JASS) 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The purpose of this study is to find out about someone who has a mental disorder periodically committing an unlawful act, can be given legal responsibility for his actions, and the basis for the judge's considerations in sentencing the perpetrator of the crime of murder who has a mental disorder periodically. The type of research is normative legal research. The research data collection technique uses literature studies. The data will then be analyzed using qualitative analysis. The results of the study show that based on the theory of criminal responsibility, a person with a mental disorder cannot be punished because he is considered not to have the awareness and ability to be responsible or his actions, but there is a submission in the case of periodic mental disorders experienced by the defendant in the sentence, the legal status of the perpetrator does not immediately get a full element of forgiveness, in the audit the judge considered it worthy of being held criminally responsible because his actions had fulfilled the elements of criminal responsibility. The judge's decision ignored the conditions of the conversation with a history of periodic mental disorders showing weaknesses in aspects, legal certainty, benefits and protection of human rights, in contrast to the principles of legalization and violation of national law and imprisoning people who have a history or even are mentally ill does not provide benefits to the person himself.

Avilla Deva Aryanda; Ali Masyhar; Cahya Wulandari

International Journal of Education and Literature 2025 Lembaga Pengembangan Kinerja Dosen

This study examines the implementation of restorative justice approaches in handling sexual violence cases after the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS). Through a qualitative approach with empirical juridical design, the research was conducted using in-depth interviews with informants from the Legal Resource Center for Gender Justice and Human Rights (LRC-KJHAM) in Semarang and literature review. The findings reveal inconsistencies in the implementation of Article 23 of UU TPKS, which prohibits out-of-court settlements except for juvenile offenders. Law enforcement officers, particularly the police, still employ peaceful settlement approaches based on older regulations that contradict UU TPKS. This condition negatively impacts victims who often do not receive proper justice and recovery, and even experience revictimization. This research recommends that the government promptly develop more operational derivative regulations and enhance the capacity of law enforcement officers to adopt a victim-centered perspective.

Ismaidar Ismaidar; Andreas Nainggolan

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

An advocate is a legal professional who provides legal services both inside and outside the courtroom based on statutory law. During the Dutch colonial era, legal representation by advocates was extremely expensive, making it accessible only to individuals of high social status. At that time, indigenous people, who were generally impoverished, could not afford legal representation. However, this situation has changed with the enactment of Law No. 16 of 2011 on Legal Aid. This law guarantees the constitutional right of every individual to receive free and quality legal assistance, especially for underprivileged communities, through Legal Aid Posts (Posbakum). Advocates working at Posbakum help marginalized individuals understand their rights, provide legal consultations, and prepare essential legal documents.

Nurlaila Nurlaila; Mira Anjani; Putik Kasih S; Juheni Lalawaralata; Amalia Naura H +1 more

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

Sexual harassment against children in Islamic boarding schools is a serious issue that demands special attention, particularly in the context of legal protection for victims. This study aims to analyze the position and role of child victims in the dynamics of sexual harassment crimes within pesantren, as well as to identify forms of legal protection that can be provided through a victimological approach. One of the cases highlighted in this research occurred at Bani Ma’mun Islamic Boarding School, located in Gembor Udik Village, Cikande Sub-district, Serang Regency, which illustrates the weak protection afforded to children in religious educational environments. By employing an empirical juridical method and referring to secondary data such as legislation, legal documents, and academic literature, this study finds that child victims often do not receive optimal protection, either in the criminal justice process or in terms of psychosocial support. The victimological perspective emphasizes the importance of fulfilling victims' rights, including the right to security, physical and mental rehabilitation, and social reintegration. In this context, protection efforts should not only focus on imposing sanctions on perpetrators but also include the formulation of policies oriented toward the recovery of victims. Therefore, this study recommends strengthening institutional capacity within pesantren to develop and implement comprehensive child protection mechanisms, including regulatory reform and more responsive law enforcement toward victims of sexual crimes. This research is expected to contribute to the development of a legal framework that is more victim-oriented within Indonesia’s criminal justice system.

Hizkia Roland Prawyra Sitorus; Dewi Pika Lumbanbatu; Daniel David Sidebang; Dules Ery Pratama; Risky Sakti Lumban Gaol

Publikasi Hasil Pengabdian dan Kegiatan Masyarakat 2025 Asosiasi Periset Bahasa Sastra Indonesia

Taxpayer User Number (NPWP) data is something private to be published or known by everyone. Based on Law Number 27 of 2022, the contents of the Law are concerning Personal Data Protection (PDP). This law regulates the protection of citizens' personal data, including the rights of data owners, data controller obligations, and sanctions for violations. Today, adults are uncovering the Bjorka case that published several other people's NPWP data which made all NPWP users afraid. Therefore, this journal discusses the Legal Review and Prevention Efforts for NPWP Data Leakage Cases. This research was conducted using a qualitative descriptive research method through a literature study approach.

Kadek Abdi Ramanda Putra

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

Along with the development of the era, the virtual world or the internet is also growing rapidly. In its development, there must be positive and negative things. The term cyberbullying is the use of technology to intimidate, intimidate, or victimize a person or group and this is one of the negative things from the development of the virtual world or the internet. This study uses a normative legal research method, which examines related issues from a human rights perspective and uses laws and regulations and doctrines as study materials for cases that will be classified as cybercrime/stalking or commonly referred to as cyber harassment. Cyberbullying has various forms and approaches. When viewed from a human rights perspective, cyberbullying is strictly prohibited from being carried out on fellow cyberspace users, which in human rights is regulated in Article 30 of Law No. 39 of 1999 concerning Human Rights which reads: "everyone has the right to a sense of comfort and peace and protection against the threat of fear to do or not do something". In this article it is clearly stated that everyone has the right to obtain a sense of comfort in their lives and peaceful conditions and protection from the threat of fear, which refers to cyberbullying which can share the threat of fear against one person and another.

Laila Fitria; Devita Azwi Nurrahma; Albi Wahyu Ramadhan; Fitri Hayati

Jurnal Ekonomi dan Keuangan Islam 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study aims to examine the relevance of Islamic economic thought during the time of the Prophet Muhammad to contemporary economic challenges, such as wealth distribution inequality, ethical crisis, and free market dominance. With a qualitative-descriptive approach through a literature study of classical and contemporary literature, the analysis is carried out based on the maqashid al-shariah framework. The results show that the basic principles of the Prophet's economy, such as the prohibition of usury, distribution justice, protection of property rights, and ethics-based market regulation, remain relevant and applicable in today's global context. Economic instruments such as zakat, infaq and waqf have proven effective as a means of wealth distribution and social security. In addition, maqashid al-shariah plays an important role as a paradigm in evaluating modern economic policies so that they remain oriented towards social justice and sustainability. The conclusion of this study confirms that the Prophet's economic thought is not only historical and normative, but also has practical and strategic value in formulating an alternative economic system that is more humane, ethical, and sustainable.

Muhammad Ghiyas Gaspah; Agussalim Burhanuddin

Lembaga Pengembangan Kinerja Dosen 2025 Lembaga Pengembangan Kinerja Dosen

This study analyzes the security policies implemented by President Nayib Bukele in El Salvador and their implications for crime rates and democratic institutions. Using a decriptive qualitative approach, the study finds that although crime has significantly declined, it has come at the cost of weakned democratic instutions, rising electoral authoritarianism, and the use of fear-based politics to gain public legitimacy. Mass detentions, reduced civil liberties, and the centralization of executive power show that stability is being built not through repressive control. Furthermore, vulnerable groups such as the poor and women are disproportionately affected between public security and human rights protection to avoid deepening structural inequalities and creating new forms of social vulnerability.

Panu, Ariyanti; Moonti, Roy Marthen; Ahmad, Ibrahim

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The juvenile criminal justice system in Indonesia has been reformed through the enactment of Law No. 11/2012 on Juvenile Criminal Justice Sistem (UU SPPA), but its implementation is still ineffective. This study aims to examine the ineffectiveness of the implementation of diversion and the imbalance between restorative aspects and the protection of children's rights in a repressive justice system. This type of research is normative, with statutory, conceptual and comparative approaches. The results of the study showed that limited understanding of the apparatus, lack of institutional support, and the still strong paradigm of punishment were the main obstacles. In conclusion, the reform has not fully reflected the principles of restorative justice and child protection. The author recommends strengthening the capacity of officials, cross-sector collaboration, and revitalizing the role of the community in supporting the implementation of diversion and the protection of children's rights as a whole.

Adia Talitha; Dimas Ramdhani Abimanyu Permadi; Sanesa Putri Vinata; Cantika Putri Tuti Susanti; Nabila Aprilia Arianto +3 more

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is an abuse of power, the impacts of corruption include damaging democratic values, morality, harming the state financial system, violating the social and economic rights of the community and being a threat to the ideals of a just and prosperous society. This can be seen from the cases of corruption that have been successfully uncovered by the KPK, namely the corruption of Pertamina which has been prosecuted at the Central Jakarta District Court. The method used is normative legal research with a statutory regulatory approach. This research aims to prevent significant state losses, ensure the accountability of public officials, and maintain the integrity of the company. In addition, this effort is to create public trust in the management of national energy resources. The results of the study show that this process involves coercive measures recorded in the examination report. The Attorney General's Office is currently examining eight witnesses, including Fitra Eri, in a case of alleged corruption related to the management of crude oil and refinery products of PT Pertamina (Persero)..  

Ruminingsih Ruminingsih; Vivin Astharyna Harysart; Mohamad Fikri

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

An heir whose whereabouts are unknown refers to a person presumed missing, with no confirmation of life or death. This thesis examines the juridical settlement of inherited assets under civil law, focusing on Case Study Decision Number: 200/Pdt.P/2023/PN Jkt.Tim. The research employs a normative legal method, analyzing statutory regulations (law in book). According to Article 463 of the Civil Code, an heir whose whereabouts cannot be confirmed still retains inheritance rights, supported further by Article 467. However, if the court officially declares the missing person as deceased, their legal status as an heir ceases, and their position is transferred to a substitute heir. This substitution is governed by Article 841 of the Civil Code, which assigns all rights and obligations of the original heir to the replacement. Importantly, the substitute heir may only assume control of the inherited assets after a court decision has declared the original heir legally missing or deceased. Without such a ruling, no transfer or control of inheritance can occur. This ensures legal certainty and protects the rights of all parties involved in the inheritance process.

Anindita Putri; Dinda Arini Persodo; Shafa Anjani Heri Nordi; Keysa Farhah Azizah; Widya Ayu Kemalasari +2 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

The protection of victims of sexual violence in Indonesia's national legal system is representative of the state's commitment to uphold human dignity, as mandated by the constitution. The constitutional basis for this protection is stated in the 1945 Constitution of the Republic of Indonesia, especially Article 28G paragraph (1), which states that everyone has the right to protection of privacy, honor, dignity, and freedom from treatment that degrades human values. Currently, sexual violence can occur anywhere, especially in the scope of education. The impact of sexual violence causes a lot of harm to its victims, from the impact on the victim's psychology to the physical impact. The purpose of the research is related to the effectiveness of law enforcement or the operation of the law and the background of the law. Whether a legal protection can protect the rights of victims of sexual violence, and provide proper protection that must be obtained for victims of sexual violence. This research uses emprical research methods and a case approach which is used to analyze the handling of cases of “Sexual Violence and Forced Abortion” as a real form of legal application. With the existence of legal protection for victims of sexual violence provided by the state, it does not guarantee victims get the promised justice. Social stigma is one that can exacerbate the suffering of victims, making them isolated and reluctant to seek help. Society often tends to blame the victim, creating an unsupportive and even demeaning environment. Therefore, it is important to address social stigma in the context of sexual violence to impact the well-being of the individual as well as society as a whole.

Mitha Indriana Tantri; Destyani Angeliasary; Nabila Cynta; Raisa Alifia Nur Azizah; Ria Kuraesin +2 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

Indonesia has experienced a rising trend in criminal activity, with theft emerging as one of the most prevalent forms. This crime has various modes and targets, ranging from theft of ordinary valuables to theft of high-value items, one of which is theft by breaking into car windows targeting the valuables inside (car burglary). The main focus in law enforcement is often only on the perpetrators, so that victims are often neglected and the rights of victims are often not fulfilled.  This study explores the phenomenon from a victimology perspective, focusing on cases of car burglary in Kramatwatu. The research method of this study is an empirical legal method involving secondary data research followed by primary data research or direct field data. Findings indicate that victim negligence, such as leaving valuables in a position that can be seen from the outside, contributes to the occurrence of these crimes. Additionally, the study reveals that several victims' rights remain unfulfilled due to shortcomings in the law enforcement process. This underscores the need for a more victim-centered approach within the criminal justice system.