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The purpose of this study is to examine the implementation of employment agreements as one of the means of providing legal protection for workers’ rights. The research method employed in this study is normative juridical, utilizing primary and secondary legal materials obtained through the analysis of statutory regulations, legal scholars’ opinions, as well as books and journals relevant to the subject under study. The results of the study indicate that employment agreements, as a form of preventive legal protection for workers’ rights, are a consequence of the application of the welfare state concept, thereby requiring the state to intervene in employment relationships arising from such agreements. This form of intervention can be observed in Law Number 13 of 2003 concerning Manpower. The provisions contained in this law, particularly Article 54 paragraph (1) of Law Number 13 of 2003 concerning Manpower, constitute a form of preventive legal protection, especially in points (e) and (f), as they regulate economic rights as well as the rights and obligations of workers. These provisions provide protection and serve as a form of legal certainty that safeguards workers from the beginning of their employment. The obstacles encountered in the implementation of employment agreements as a preventive means of protecting workers’ rights are divided into three factors: regulatory factors, legal culture factors, and legal structure factors.

Corruption cases in Indonesia often involve the recovery of state assets, including properties encumbered by mortgages (hak tanggungan). This research conducts a normative legal analysis on how current law treats such pledged assets when they become objects of state confiscation in corruption crimes. We examine Indonesian legislation (especially the Tipikor Act, TPPU Act, and Mortgage Act), judicial practice, and principles of justice and legal certainty. The Bank Perumda BPR Purworejo case is used as an illustrative case study: here fictitious loans and misused collateral led to state losses of hundreds of millions of rupiah, and investigators seized assets (including four mortgaged properties) as evidence. The analysis finds that existing rules inadequately protect good-faith creditors: courts have noted that a corruption verdict does not automatically erase a prior mortgage lien, and that a certified mortgage confers a preferential right equal to a judgment. In practice, however, law enforcement often seizes all assets of the convict without first verifying third-party rights, creating legal uncertainty and perceived injustice. We argue that fair outcomes require stricter safeguards for creditors (e.g. mandatory review of collateral status before seizure) and consideration of equitable principles. In conclusion, we recommend legal reforms or guidelines to balance the state’s recovery goals with protection of bona fide mortgagees, so as to uphold substantive justice while maintaining legal certainty.

The rapid development of digital technology has significantly transformed financial transaction systems, including the use of securities. Conventional securities, which traditionally function as instruments of payment, evidence, and transfer of rights, face various challenges such as document forgery, loss, and administrative inefficiency. These conditions have encouraged the digitalization of securities, requiring adjustments within the Indonesian legal framework. This study aims to analyze the transformation of securities from conventional forms to digital formats within the perspective of Indonesian law and to assess the adequacy of existing regulations in addressing such developments. The research employs a normative juridical approach by examining primary legal materials in the form of statutory regulations and secondary legal materials consisting of legal literature and previous studies. The findings indicate that although electronic documents have been legally recognized as valid evidence, there is no specific and comprehensive regulation governing digital securities. Consequently, legal uncertainty remains regarding the transfer of rights, evidentiary strength, and legal protection for holders of digital securities. This study is expected to contribute conceptually to the development of adaptive legal regulations that ensure legal certainty and protection in the context of modern digital transactions.

Abstract. The right to health is an integral part of human rights guaranteed by the Constitution and further reinforced by Law Number 17 of 2023 on Health, which places the state as the party responsible for ensuring the provision of safe, high-quality, and non-discriminatory health services for all citizens. However, in practice, the fulfillment of the right to health continues to face various challenges, particularly in the delivery of health services for participants of BPJS Kesehatan. This study aims to analyze the legal protection of the right to health in Indonesia and to examine the refusal of medical services to BPJS patients that resulted in death in Papua from a human rights perspective. The research employs a normative legal research method using statutory, conceptual, and case approaches. The findings indicate that although the national legal framework has clearly regulated the obligations of the state and health care facilities in providing emergency services, its implementation remains weak due to administrative barriers, unequal access to health services, and inconsistent law enforcement. The refusal of medical services to BPJS patients in Papua reflects a tension between hospitals’ administrative compliance and the professional obligation of medical personnel to save human lives. The implications of this study emphasize the need to strengthen supervision, ensure consistent law enforcement, and improve health service governance so that the right to health is truly protected as part of human dignity within the Indonesian rule of law. 

Overcapacity in Correctional Institutions is a structural problem that is still a serious challenge in the correctional system in Indonesia. This condition is characterized by the number of inmates that far exceeds the ideal capacity, resulting in a decrease in the quality of coaching, health services, and security. This study aims to analyze the factors that cause overcapacity in prisons and the impact they have on the effectiveness of the correctional system. The method used is a normative juridical approach supported by empirical data from relevant agency reports. The results of the study show that the main factors causing overcapacity include the high crime rate, criminal policies that are still oriented towards prison sentences, and limited correctional facilities and infrastructure. The impact of overcapacity is very felt in the implementation of inmate development. Crowded housing conditions also increase conflicts between inmates, the spread of infectious diseases, and violations of basic rights. In addition, the limited number of correctional officers causes supervision to not run optimally and has the potential to trigger deviant practices in prisons. Therefore, it is necessary to reformulate penal policies through the optimization of non-prison penal alternatives, institutional capacity building, and strengthening rehabilitation and social reintegration programs to realize a more humane and just correctional system.

General elections constitute a fundamental pillar of Indonesia’s democratic system, functioning as a mechanism for the exercise of popular sovereignty and the protection of citizens’ voting rights. During the 2024 Regional People’s Representative Council (DPRD) election in Tarakan City, the Badan Pengawas Pemilu Kota Tarakan recorded twelve reports of alleged administrative violations throughout the electoral stages, including during the national vote recapitulation process. Of these reports, three allegations were proven, involving violations related to the Additional Voter List, the Special Voter List, and the eligibility requirements of candidates running for the Tarakan City DPRD in 2024. Essentially, election law enforcement serves as a safeguard to ensure fairness, legal certainty, and the protection of citizens’ constitutional right to vote. This study aims to examine the implementation of legal enforcement mechanisms against administrative violations in the 2024 Tarakan City DPRD election. A socio-legal research approach was employed to analyze both normative regulations and their practical application. Referring to Peraturan Bawaslu Nomor 8 Tahun 2022 concerning the Settlement of Administrative Violations of General Elections, the findings indicate that the Tarakan City Bawaslu holds authority in adjudicating and imposing sanctions on proven violations. As a result, one candidate, Erick Hendrawan Septian Putra, was disqualified from Electoral District 1. Furthermore, sanctions were imposed on the chairpersons and members of Polling Station 88 in Karang Anyar and Polling Station 2 in Pamusian for failing to carry out their duties as voting organizing groups in the election and subsequent processes.

BPJS Ketenagakerjaan aims to protect workers and ensure their welfare. However, in reality, many companies do not register some or all of their workers, which affects the welfare of workers and has the potential to impact the social security system as a whole. The research questions are: How does the non-payment of BPJS Ketenagakerjaan contributions affect workers' rights in relation to the theory of legal protection in Decision Number 40/Pdt.G.S/2023/PN Pbr and How the mechanism for fulfilling workers' rights when a company that has previously defaulted on its contributions has paid off its obligations. This research is normative-empirical, using three approaches, namely legislation, case studies, and legal sociology. The results show that the arrears in this case not only caused workers to lose access to JKK, JKM, JHT, and JP program benefits, but also placed them in economic and social vulnerability because they did not receive compensation when employment risks occurred. After the company has fulfilled its obligations, the membership and service team will verify the payment and reactivate the participant's status so that workers can reapply for claims, thereby ensuring that workers' rights are promptly fulfilled both administratively and substantively.

In this study, advocates are guaranteed legal protection to implement the right to defence in criminal cases.   to learn how criminal advocates are protected if they enforce the law.   The privilege of immunity shields advocates from civil or criminal litigation for good faith work inside and outside the court.   This study uses normative juridical research, which examines current laws and regulations.   Analysis of relevant legislation is needed for this research.   According to the study, Article 16 of Law Number 18 of 2003 concerning Advocates does not adequately describe advocates' immunity rights.   Lack of clear explanations of protection types, rights constraints, and good faith between advocates and other parties may lead to power abuses.   More extensive norms that are in keeping with other articles of the law are needed to apply advocates' immunity rights proportionately, guaranteeing freedom in performing their profession while maintaining society's and justice's legal interests.

Infrastructure development as a National Strategic Project (NSP), such as the Yogyakarta-Bawen Toll Road, aims to improve public welfare but often faces a crucial issue in the land acquisition process, namely the determination of compensation. This research examines the application of substantive justice, which focuses not only on procedural compliance (procedural justice) but also on the fairness and adequacy of the final outcome for the entitled parties. Using a juridical-empirical approach, this article analyzes two main problems: first, how substantive justice is realized in the deliberation stage of determining compensation and what factors cause disagreement from residents. Second, how the overall stages of land acquisition affect the achievement of substantive justice and the obstacles encountered. The analysis shows that although the land acquisition stages have procedurally followed Law No. 2 of 2012, the achievement of substantive justice is still hindered. Factors such as the appraisal of compensation which is deemed not to cover non-physical losses, lack of transparency, and an imbalanced bargaining position in deliberations are the main causes of disagreement. Obstacles in the planning, socialization, and payment stages also impede the realization of a complete sense of justice for the affected communities. This study is expected to contribute to the development of land acquisition policies that prioritize fairness, transparency, and the protection of the rights of affected communities.

In social practice, land sale and purchase transactions are still frequently conducted through private agreements, mainly driven by mutual trust between the parties, cost considerations, and the perception that such procedures are simpler and faster. From the perspective of civil law, such sale and purchase agreements remain valid and legally binding as long as they fulfill the legal requirements of a valid contract as stipulated in Article 1320 of the Indonesian Civil Code. However, within the national land law system, land sale and purchase agreements executed under private deeds cannot serve as a legal basis for the transfer of land rights because they are not made before a Land Deed Official (Pejabat Pembuat Akta Tanah/PPAT) as required by statutory regulations. This divergence in legal regulation gives rise to legal uncertainty, particularly for buyers acting in good faith. On the one hand, the agreement creates rights and obligations under civil law; on the other hand, it fails to provide legal certainty over land rights due to its inability to be registered. This condition reflects a tension between the civil law regime and the land law regime, while also indicating the weak legal protection afforded to good-faith buyers. These issues constitute the basis and urgency of this research.

This study examines the urgency of regulating the nominal limit of restitution in criminal case resolution through a restorative justice approach from the perspective of legal certainty. Restorative justice in Indonesia is governed by PERKAP No. 8 of 2021, PERJA No. 15 of 2020, and PERMA No. 1 of 2024. However, none of these regulations explicitly stipulate the nominal limit of compensation payable to victims. The absence of such a provision potentially leads to legal uncertainty and unfair practices, particularly in cases where resolution depends on the offender's ability to pay restitution. This research adopts a normative juridical method using statutory and conceptual approaches. The study aims to analyze the necessity of regulating nominal limits and how such limits should be determined under the prevailing legal framework. The findings reveal that the lack of clear restitution limits hampers the effective implementation of restorative justice, undermines fairness, and fails to adequately protect victims' rights. Legal regulation of compensation limits is necessary to ensure legal certainty, prevent abuse of power, and uphold justice in the victim recovery process. The study recommends that the state promptly establish clear restitution limits through revision of existing regulations or formulation of new ones, taking into account the principles of justice, the offender’s financial capacity, and the proportionality of the victim's losses.

Criminal acts of assault against children constitute a serious violation of human rights that requires optimal legal protection by the state. As legal subjects, children are entitled to security, protection from violence, and guarantees for proper growth and development, as mandated by Pancasila, the 1945 Constitution of the Republic of Indonesia, and relevant child protection legislation. This study aims to conduct a juridical analysis of the legal considerations applied by judges in Decision Number 83/Pid.Sus/2020/PN.Kot concerning the criminal offense of assault committed against a child, as well as to assess their conformity with criminal law principles, child protection law, and the objectives of sentencing. This research employs a normative legal research method using statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials. The findings reveal that although the legal basis applied refers to Law Number 35 of 2014 on Child Protection, the judicial considerations have not been comprehensively formulated, as they insufficiently incorporate sociological, criminological, and child-centered protection perspectives. Consequently, the sentence imposed is relatively lenient and fails to fully reflect the objectives of punishment, particularly deterrence and sustainable protection for child victims. Therefore, strengthening the quality of judicial reasoning and ensuring the optimal application of relevant legal provisions are essential to achieve legal certainty, justice, and effective protection for children as victims of violent crimes.

The right to privacy and the right to health are fundamental human rights that are closely interconnected. The protection of privacy for patients with Human Immunodeficiency Virus (HIV) constitutes a critical issue, given that HIV status is classified as highly sensitive health data and is particularly vulnerable to stigma and discrimination. In Indonesia, the legal framework governing the protection of HIV patients’ health data has been normatively strengthened through the Personal Data Protection Law and the Health Law; however, its implementation continues to face various challenges. This article aims to analyze the right to privacy of HIV patients and the obligations of the state in protecting sensitive health data, as well as to examine the limitations and exceptions to the disclosure of HIV-related data within the framework of law and human rights. This study employs a normative legal research method using statutory, conceptual, and human rights-based approaches. Legal materials are analyzed qualitatively through juridical interpretation and prescriptive analysis. The findings indicate that HIV status is legally categorized as sensitive personal data that is entitled to a high level of legal protection. The state bears tripartite obligations to respect, protect, and fulfill the privacy rights of HIV patients. Nevertheless, a gap persists between legal norms and their implementation, particularly in the management of electronic medical records. The protection of HIV patients’ privacy rights requires strengthened legal implementation, regulatory harmonization, and the adoption of a human rights-based approach to ensure that data protection does not conflict with public health interests.

This article examines the complex interactions between the military and civil society in regions affected by conflict, approached from a sociological-legal perspective. The study seeks to understand how military power influences civil society, the ways in which legal and social legitimacy are established, and how local communities respond to military presence and control. Employing a qualitative case-study methodology, the research utilized in-depth interviews with community members and military personnel, extensive field observations, and detailed analysis of relevant legal documents. The findings reveal that military power structures significantly impact civil rights, security, and social dynamics, with interactions ranging from cooperative engagement to open conflict. Furthermore, the legitimacy of military actions is closely linked to factors such as operational performance, transparency, accountability, and social acceptance by local populations. Based on these insights, the article argues for the importance of improving communication channels between military forces and communities, integrating formal legal frameworks with local norms and practices, and actively involving community members in security and governance programs. These measures are proposed as strategies to enhance the legitimacy of military operations, reduce conflict, and promote long-term social stability. The study contributes to the broader understanding of civil-military relations by highlighting the sociological and legal dimensions of military influence in conflict-affected areas.

This research analyzes the application of the equality before the law principle in handling narcotics cases by the Legal Aid Institute (LBH) Legundi Surabaya. The principle of equality before the law is a fundamental principle guaranteed in Article 27 paragraph (1) of the 1945 Constitution, yet its implementation in narcotics law enforcement still faces various challenges. This study employs a normative juridical method with a qualitative approach to examine LBH Legundi's strategies in ensuring clients fully obtain their constitutional rights. The findings reveal that although LBH Legundi has implemented various strategies such as detailed examination of arrest procedures, optimization of legal instruments, and efforts for detention suspension, the application of the equality before the law principle remains hindered by several factors. The main challenges include strong social stigma against narcotics offenders, limited resources of legal aid institutions, disparities in judicial decisions, structural barriers in accessing justice, weak supervision systems, minimal systemic support from the state, and a law enforcement mindset that remains punitive rather than rehabilitative. This condition creates a significant gap between suspects from economically disadvantaged backgrounds and those from affluent backgrounds, which contradicts the spirit of substantive justice. The study concludes that realizing the principle of equality before the law requires comprehensive reform touching structural, cultural, and systemic aspects of Indonesia's criminal justice system.  

The development of digital platforms such as TikTok has encouraged the emergence of affiliate-based marketing practices in e-commerce activities. Affiliate marketing is a digital marketing system that promotes another person's product or service through a special affiliate link and earns a commission if a purchase or transaction is made through that affiliate link. Product promotion content has become one of the most effective marketing methods in the digital world. However, in practice, there are cases where affiliates reuse video content belonging to creators for promotional purposes and to earn sales commissions without permission. This study aims to analyze the provisions of digital video copyright protection under Law Number 28 of 2014 concerning Copyright and to examine forms of copyright infringement in the use of TikTok videos by affiliates. The method used is a normative study, employing a legal approach, a conceptual approach, and factual analysis. Primary and secondary legal materials were used in this study, which was analyzed descriptively and qualitatively. The results of the study show that TikTok videos fall under the category of cinematographic works that are protected as stipulated in Article 40 paragraph (1) letter m of the Copyright Law. Copyright protection arises automatically based on the declarative principle since the creation is realized in a tangible form, covering moral and economic rights. The use of TikTok videos by affiliates for promotional purposes and to earn sales commissions constitutes commercial use which, if done without the creator's permission, violates the creator's economic rights as stipulated in Article 9 paragraph (3) and potentially violates moral rights under Article 5 of the Copyright Law.

The rapid development of Artificial Intelligence (AI) has brought significant changes to the criminal justice system, particularly in criminal investigations and evidentiary processes, while simultaneously raising complex legal and ethical challenges. Objective: This study aims to analyze the legal implications of the use of AI in criminal investigations, focusing on its benefits, risks, and challenges related to the admissibility of AI-based evidence, as well as the need for regulatory frameworks that ensure fairness, transparency, and accountability. Methods: This research employs a normative qualitative approach through the analysis of legal regulations, a review of legal and technological literature, and a comparative approach across jurisdictions, complemented by case studies of AI applications in law enforcement practices. Results: The findings indicate that AI enhances investigative efficiency through data analysis, crime prediction, and digital forensics; however, it also poses risks such as algorithmic bias, human rights violations, and issues concerning the reliability and transparency of evidence. Furthermore, differences across legal systems result in the absence of uniform standards for the admissibility of AI-based evidence. Therefore, adaptive regulatory frameworks grounded in the principles of fairness, transparency, and accountability are required, along with strengthened human oversight to ensure that the use of AI aligns with the principles of justice and human rights protection.

This study examines the phenomenon of victim blaming as a form of secondary victimization within the perspective of victimology in Indonesia. Victim blaming remains a significant issue where victims of crime, particularly in cases of violence, are often blamed for the incidents they experience. This condition not only exacerbates the psychological and social suffering of victims but also hinders their access to justice. The objective of this research is to analyze how victim blaming occurs and to understand its impact as a form of secondary victimization. This study employs a normative juridical method with a qualitative approach, using literature review from legal documents, journals, and relevant academic sources. The findings indicate that victim blaming is influenced by social stigma, cultural perspectives, and a lack of public awareness regarding victims’ rights. Furthermore, such practices result in secondary victimization, where victims experience repeated harm due to negative societal responses. From a victimological perspective, victim blaming contradicts the principle of victim protection and justice. The implication of this research highlights the need for stronger legal protection, public education, and a more victim-centered approach in addressing crime in Indonesia.

The development of Pantai Indah Kapuk 2 (PIK 2) presents serious issues, including eviction, the loss of traditional livelihoods, and the marginalization of local communities within a modernization agenda that disregards social justice and sustainability. This research questions the extent to which the dominant modernization bias influences the socio-economic conditions of the surrounding community, as well as how public participation practices are implemented in the planning and execution of the project. The PIK 2 project has led to social inequality, the deprivation of rights, and environmental degradation, illustrating a pattern of systemic exploitation of coastal communities through the economic and political power of development elites. The dominant development theory framework proposed by Melkote and Steeves is used to examine modernization bias, supplemented by Islamic concepts such as mustadh’afin and ghasab to strengthen the social justice perspective. In this study, the author employs a qualitative case study approach, utilizing in-depth interviews, field observations, and documentation involving affected residents, community leaders, and policymakers. The results of the analysis indicate very low levels of public participation, instances of intimidation during land acquisition, and a significant loss of access to employment and basic facilities for the community. The conclusion of this research emphasizes the need for policy reform to ensure that development is more transparent, participatory, and equitable, in order to protect the rights of local communities from dominant and exploitative development patterns.

This paper discusses the concept of global ethics put forward by Hans Küng as a universal moral framework in the face of the reality of a plural world. This study uses a qualitative approach with a literature study method to examine Küng's thoughts on global ethics, its basic principles, and its implications in social life and interreligious dialogue. The results of the study show that global ethics is a consensus of universal moral values that is not intended as a new religion, but as a common basis for all mankind in building a peaceful and just life. Principles such as humanity, non-violence, solidarity, honesty, and equality are the main cornerstones in building cross-cultural and religious relations. In addition, global ethics also encourages collective responsibility in maintaining social justice, human rights, and environmental sustainability. However, global ethics also faces criticism of its normative tendencies as well as the challenges of achieving universal consensus amid differences in values, cultures, and political interests. Therefore, the implementation of global ethics requires an inclusive, open, and sustainable dialogue. Thus, global ethics has strong relevance as the foundation of interreligious dialogue in creating sustainable global peace and harmony.