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Tika Febryana; Holyness N. Singadimedja; Janti Surjanti

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

Employee transfers are common in companies, but regulations regarding transfer provisions are still very minimal. The absence of specific provisions governing transfers is often misused by employers, resulting in industrial relations disputes, one of which occurred between PT. Amartha Manunggal Prima and Khairunnisa Utami. This study aims to analyze the validity of the transfer process carried out by the company if there are no provisions or legal basis underlying the transfer process. This study uses a normative legal method, by analyzing the conformity between the considerations of the Panel of Judges in Decision Number 24/Pdt.Sus-PHI/PN JMB with laws and regulations, especially Law Number 6 of 2023 concerning the Ratification of the Job Creation. Based on the results of the analysis, a transfer process is one of the company's rights to regulate human resources for the interests and progress of the company and in general transfers are regulated in work agreements, joint work agreements, or company regulations. If the mutation process is not regulated, then the mutation must be based on an agreement between the two parties as mentioned in the Supreme Court Decision Number 567 K/Pdt.Sus-PHI/2016 which stipulates that mutations without the consent of workers can be canceled through the industrial relations court. In addition, mutations must not conflict with existing laws and regulations, especially Article 32 of the Manpower Law which regulates the placement of workers,  

Leode, Roosdiana Marthina; Moonti, Roy Marthen; Ahmad, Ibrahim

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

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.

Darto Darto; Abdul Kolib; Handoyo Prasetyo

International Journal of Public Health 2025 Asosiasi Riset Ilmu Kesehatan Indonesia

In the modern legal system, Deoxyribonucleic Acid (DNA) testing has become an important tool in the resolution of criminal and civil cases in Indonesia. The use of DNA can assist in determining blood relations, uncovering sexual abuse cases, and proving involvement in other crimes. Nonetheless, there are various legal issues that arise regarding the collection of DNA specimens without the consent of the sample owner. In Indonesia, although there are personal data protection regulations such as the Health and Population Administration Law, there are no specific provisions regarding the legality of unauthorized DNA sampling. This creates uncertainty in the legal system, especially in terms of evidence being recognized in court. Unauthorized DNA sampling can violate an individual's right to privacy guaranteed by the 1945 Constitution and the Criminal Procedure Law. This potentially makes DNA test results inadmissible as valid evidence in court. Therefore, this study aims to analyze the legality of the practice of unauthorized DNA sampling and its impact on the legal evidentiary system in Indonesia. The study also highlights the importance of medical ethics and legal protection of privacy in determining the validity of DNA evidence in judicial proceedings. It also explores the role of medical ethics and privacy law in determining the validity of DNA test results in the judicial process, and provides recommendations for clearer regulations regarding DNA sampling procedures.

Gusdiawan Gusdiawan; Mardalena Hanifah; Dasrol Dasrol

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

This research examines a case of marriage annulment filed at the Pekanbaru Religious Court, where the plaintiff, a Marriage Registrar, received a complaint from a legal wife who did not consent to her husband's marriage to another woman. The plaintiff questioned whether the annulment request had exceeded the expiration period. The study aims to (1) understand the legal consequences of filing for annulment after the legal deadline based on Marriage Law Number 1 of 1974 and Decision Number 1/Pdt.G/2021/PA.Pbr, and (2) explore the relevance of utility theory in the court’s reasoning. This is a sociological legal study using interviews and literature reviews, supported by primary, secondary, and tertiary data. The analysis uses a qualitative descriptive approach with deductive reasoning. The results show that the court granted the annulment despite the expiration, based on the discovery of an invalid guardian and procedural flaws. A verstek (default) decision was made as both defendants were absent at the first hearing. The court's decision reflects the balance of legal certainty, justice, and utility. The legal consequences include the termination of the marriage, the recognition of the child as legitimate, and the absence of shared property division.

Daffa Rizky Fahrezy

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

Psychological assessment plays a crucial role in guidance and counseling by providing a deeper understanding of an individual’s psychological state however, it must be conducted in accordance with professional ethical standardsto protect the rights and dignity of clients. This article explores core ethical principles in psychological asseeement-such as informed consent, confindentiality, profesional competence, and the appropriate use of valid instruments. Based on recent literature, this paper highlights thataderece to ethical assessmens the counselor-client relationship and enhances psychological intervention outcomes.

Shafira Nur Lailiyah Maghfiroh

Harmoni: Jurnal Ilmu Komunikasi dan Sosial 2025 International Forum of Researchers and Lecturers

This article discusses the importance of ethics in psychological assessment, particularly within the context of guidance and counseling, focusing on strategies to maintain confidentiality and objectivity. Confidentiality is a fundamental principle that must be upheld by counselors and psychologists to protect clients’ rights and privacy, as well as to build trust in the professional relationship. Strategies include transparent explanations of confidentiality limits, the use of informed consent, and the implementation of data security technologies such as encryption and role-based access restrictions. Furthermore, objectivity in assessment is maintained through the use of valid and reliable instruments and unbiased approaches to ensure accurate and fair results. By consistently applying ethical principles, the assessment process can provide optimal benefits to clients and uphold the integrity of the guidance and counseling profession.

I Gusti Ayu Pramesti Gayatri Devi

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The general election as a pillar of democracy faces new challenges with the rapid development of information technology, one of which is the practice of doxing—disseminating personal data without consent to harm individuals. In the context of Indonesia’s 2024 General Election, doxing cases have increased, targeting political figures and ordinary citizens, potentially undermining political participation and violating the right to privacy. This study aims to analyze the legal framework governing doxing based on Law Number 1 of 2024 concerning Electronic Information and Transactions (ITE Law) and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), as well as to examine the form of criminal liability for perpetrators of doxing in the context of the 2024 election. This normative juridical research employs statutory, conceptual, and case approaches. The findings reveal that although not explicitly regulated, doxing can be classified as a legal violation under the two laws. However, law enforcement still faces technical and normative obstacles, such as difficulty in identifying perpetrators and proving intent. Strengthening legal provisions and the capacity of law enforcement officers is essential to ensure accountability without compromising democratic principles.

Devytha Maura A P

Jurnal Ilmu Pendidikan 2025 Lembaga Pengembangan Kinerja Dosen

This article explores the ethical principles in the use of intelligence tests in the field of counseling. As a diagnostic tool, intelligence tests provide important information about clients' cognitive potential. However, their implementation requires ethical awareness from counselors, including informed consent, data confidentiality, fairness, and cultural sensitivity. The study emphasizes the role of ethics in promoting responsible assessments and client well-being. Findings indicate that counselors who adhere to ethical standards deliver more accurate and supportive counseling interventions.

Rudi Hartono I; Abdul Ikrom; Annisa Mardhatillah; Meizatul Hasanah; Muhammad Dzikrullah

Jurnal Budi Pekerti Agama Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This scientific article comprehensively investigates the fundamental principles of Fiqh Muamalah governing Islamic economic transactions, focusing on three primary areas: sale (bay'), debt-financing (dayn), and leasing (ijarah). This research aims to analyze the Sharia conceptual framework underlying each contract, including its pillars, conditions, and legal implications, as well as to identify crucial prohibitions such as gharar (ambiguity), riba (interest/unlawful increment), and maysir (speculation). Furthermore, this article explores the relevance and challenges of applying these principles within the dynamic context of the modern economy, characterized by financial innovation, digital technology, and globalization. Through an in-depth literature study and a comparative analysis of classical and contemporary scholars' interpretations, this research examines how ethical Islamic principles such as justice ('adl), mutual consent (taradhi), and public interest (maslahah) can be integrated into current business practices. Selected case studies on e-commerce transactions, digital lending platforms, and technology-based leasing models are analyzed to illustrate the challenges and potential solutions in applying Fiqh Muamalah. This article concludes by offering a perspective on the importance of contextual reinterpretation and the innovation of Islamic financial products to ensure the relevance of Fiqh Muamalah in addressing global economic challenges while upholding Islamic values.

Zahratul Jannah; Zilhayatul Husna; Meiroza Meiroza; Nurulk Assyfa; Rudi Hartono I

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Murabahah, salam, and istishna' are types of sale and purchase transactions that have conceptually been recognized and applied as contract options in Islamic financial institution products. The National Sharia Council of the Indonesian Ulema Council (DSN-MUI), as the authority in issuing Islamic economic and financial fatwas, has issued rulings concerning these three types of transactions, in which various hadiths on legal rulings (ahkam muamalah) are cited as the basis. This paper aims to examine these hadiths from the DSN-MUI fatwas on murâbahah, salam, and istishna' through two perspectives: the analysis of authenticity (takhrij hadith) and the interpretation of substance (meaning analysis). The results indicate that these hadiths broadly cover key principles of sharia contracts such as mutual consent (ar-ridha), permissibility (al-ibâhah), and public interest (al-mashlahah); the notion of blessings in non-cash transactions (classified as weak hadith majhul category); prohibition of debt payment delays by those able to pay; and the permissibility of salam transactions and down payments (classified as weak hadith mursal category).

Taufik Hidayat Lubis; Hepy Krisman Laia

Proceeding of the International Conference on Law and Human Rights 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

According to Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, a marriage is considered valid if it is conducted according to the laws of the respective religion and beliefs. Marriage is not merely a physical union but also an emotional bond, and fundamentally follows the principle of monogamy. In the legal framework of marriage, state protection—particularly for wives and future children—can only be guaranteed if the marriage is consciously conducted in accordance with Law Number 1 of 1974, which includes the requirement that the marriage be officially registered under applicable laws and regulations.If a marriage is not registered, the state cannot provide legal protection concerning marital status, joint property, inheritance, and other rights arising from the marriage. To establish a wife’s rights, it must first be proven that a legal marriage exists between her and her husband. One legal consequence of an unregistered marriage is that neither the wife nor any children from the marriage have the right to claim support or inheritance from the husband. Islamic inheritance laws allocate shares specifically to blood relatives.Unregistered marriages—often called sirri, kiyai, or syar’i marriages—are conducted according to religious rules or customs but are not registered with the Marriage Registrar. In Chinese customary law, property acquired during marriage is influenced by a patrilineal kinship system, where the wife’s status is governed by the husband’s family law. Generally, the husband, as head of the household, controls all marital property and has absolute rights to use it without needing the wife’s consent, including in transferring joint property.

Sri Surani; Rizka Licia

International Journal of Public Health 2025 Asosiasi Riset Ilmu Kesehatan Indonesia

Informed consent is a crucial component of medical records that ensures the legality and ethical compliance of medical procedures conducted on patients. At RSUP Surakarta, the completeness of informed consent documentation in the surgical ward has consistently failed to meet the national minimum service standard of 100%, with observed monthly completion rates ranging from 86% to 98% throughout 2024. This study aims to analyze the factors contributing to the incomplete documentation of informed consent in the surgical ward. A qualitative descriptive approach was employed using data collection techniques such as direct observation, in-depth interviews, documentation review, and participatory methods including the USG (Urgency, Seriousness, Growth) prioritization technique and brainstorming. The study involved four key informants: a medical services director, a surgeon, a surgical nurse, and a medical records officer. Findings indicate that the main contributing factors are the absence of Standard Operating Procedures (SOP) for consent documentation, lack of training, insufficient internal and external motivation due to absence of rewards or enforcement measures, limited knowledge, and short tenure of some staff members. The USG analysis identified the absence of an SOP as the most critical issue. Consequently, the development and dissemination of an SOP, coupled with regular staff training, were recommended as corrective measures. This study underscores the importance of structural and motivational support in improving the completeness of informed consent documentation, which is vital for patient safety and institutional accountability.

Nabiila Az zahra Yuliandhika

Jurnal Mahasiswa Kreatif 2025 International Forum of Researchers and Lecturers

In guidance and counseling, psychological assessment is used to understand the client's condition more thoroughly. However, this process requires not only technical expertise, but also ethical responsibility from the counselor. The Ethics Profession includes things like maintaining data confidentiality, obtaining client consent, and ensuring that the measuring instruments used are appropriate and reliable. If these principles are ignored, violations can occur that harm clients and tarnish the counseling profession. This article discusses the importance of ethics in the practice of psychological assessment by counselors, the various challenges that often arise, and steps that can be taken to maintain professionalism. The goal is for counselors to be able to provide services that are safe, fair, and oriented towards the best interests of clients.

Arkaan Daffa; Sidi Ahyar Wiraguna

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The practice of leaking customer data by banks to third parties, such as Mata elang, raises serious problems in the context of personal data protection in Indonesia. This action not only threatens the individual's right to privacy but also has the potential to violate the legal provisions stipulated in Law Number 27 of 2022 concerning Personal Data Protection. This article aims to analyze the legal basis violated by this practice and provide a legal solution in an effort to protect customer rights. The formulation of the problem in this study is what form of legal violation of data leaks by banks to Mata elang and what is the legal enforcement mechanism. This study uses a normative legal method with a statutory and conceptual approach. Data were obtained through a literature study of relevant regulations and supporting scientific literature. The results of the analysis show that leaking customer data to third parties without valid consent is a violation of the principles of data processing in the PDP Law, especially regarding legality, transparency, and protection of data subjects. Banks as data controllers are responsible for the leak and can be subject to administrative, civil, or criminal sanctions. In closing, this study recommends strengthening internal bank regulations, strict supervision by regulatory authorities, and increasing legal awareness for customers. This effort is important to ensure the security of personal data and uphold the right to privacy in the banking system.

Dita Riswuri Widyaningrum

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The termination of employment agreement by mutual consent is a form of agreement between an employer and an employee to end the employment relationship based on the will of both parties. This agreement has significant legal implications in ensuring workers' rights and preventing industrial disputes. This study aims to analyze the role of a notary in drafting mutual termination of employment agreements and the legal strength of notarial deeds as written evidence. The research method used is normative juridical with a statutory and conceptual approach. The results show that a notary plays an essential role in ensuring that agreements are made voluntarily, do not violate workers' rights, and comply with applicable laws and regulations. A notarial deed also provides stronger evidentiary power in the resolution of industrial disputes.

Zainal Abidin; Kuswardani Kuswardani

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

The health services that will be provided must go through stages of approval from the patient verbally or in writing, so as not to violate the patient's rights as consumers of services and is one of the obligations of the health worker himself. This research aims to determine the implementation of informed consent in health services provided by physiotherapy students during field work practice in health institutions. This research also uses a sociological juridical method, which is the result of drawing conclusions as a result of connecting cause and effect variables in accordance with social science design. From the results of this research, it was found that physiotherapy students at Widya Husada University, Semarang, during field work practice in health institutions, always gave informed consent to patients before providing health services, either verbally or in writing. Students cannot yet be called full-fledged health workers, but when students practice field work in health institutions and provide health services to patients, they are required to provide informed consent to the patient first as a form of approval for the patient's actions.

Berto Purnomo Sidik; Sidi Ahyar Wiraguna

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The protection of personal data privacy rights has become a crucial issue in the digital age. This research aims to analyze the effectiveness of digital applications in increasing public awareness regarding the importance of personal data protection and its legal implications. The research method employed is a literature study with a normative juridical approach, analyzing relevant laws and regulations on personal data protection, literature studies, and an analysis of the features of digital applications that focus on privacy education and control. The results of the study indicate that digital applications have significant potential in raising public awareness through the provision of easily accessible information, visualization of risks, and consent control mechanisms for data usage. However, their effectiveness heavily relies on intuitive interface design, clear and concise information delivery, and developers' compliance with personal data protection principles. This research recommends the need for more comprehensive regulations to ensure the quality standards and accountability of digital applications in educating the public about personal data privacy rights, as well as encouraging collaboration between developers, the government, and civil society organizations to create a safer and more privacy-aware digital ecosystem.

Naufal Zuhdi; Heni Siswanto; Dona Raisa Monica

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

The advancement of artificial intelligence (AI) has led to the emergence of new crimes, including the misuse of deepfake technology to produce and distribute pornographic content without the victim's consent. This form of digital sexual harassment has serious impacts on victims' dignity, mental health, and social life. This study aims to examine the efforts of Police in addressing sexual harassment crimes using deepfake porn and to identify the obstacles faced. Using normative and empirical legal approaches, data were collected through literature review and interviews. The findings reveal that the police efforts involve both penal (law enforcement) and non-penal (preventive) approaches, including public education, cross-institutional collaboration, and cyber patrols. However, the handling of such crimes is still hindered by regulatory gaps, limited technology, and low public awareness. Strengthening legal frameworks and police capacity is essential to effectively combat digital-based sexual crimes.

Cerens Amanda Gea Pitaloka

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The development of digital technology, particularly deepfake, has brought negative impacts, including the protection against non-consensual pornography content. Deepfake, which uses artificial intelligence to manipulate images, videos, or audio, allows the creation of pornography without the consent of the individual whose face or identity is manipulated. This phenomenon results in violations of privacy, honor, and the psychological well-being of the victims, while also spreading false information that can damage public perception. Although Indonesia has regulations such as Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law) and Law No. 44 of 2008 on Pornography, there are no specific provisions regulating the use of deepfake technology. This article identifies deficiencies in existing regulations and provides recommendations for adaptive legal measures, including legislative updates, strengthening digital platform responsibilities, enhancing law enforcement capacity, and international cooperation to address this threat. It is hoped that with these measures, protection for individuals in the digital era can be strengthened.

Sri Tanti; Rini Fathonah; Sri Riski; Tri Andrisman; Maya Shafira

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

Sexual violence is an act that is degrading, humiliating, harassing, and/or attacking a person’s body or reproductive function, typically caused by an imbalance of power relations or gender discrimination, which results in psychological and physical suffering. Sexual violence against children is a social problem that requires special attention because this crime involves children in its commission. The Institute for Criminal Justice Reform (ICJR) also emphasizes that intercourse with a child constitutes a criminal offense, even if it is framed as consensual, in order to protect the child’s rights and future. Based on this issue, the author aims to examine efforts to combat sexual violence against children under the guise of sexual consent to find the most effective strategies to reduce this increasingly widespread crime. The research method used is a normative and empirical juridical approach. The data used includes both primary and secondary data. Data collection procedures involve literature study and field research. The data analysis was conducted using qualitative analysis. The results of the study show that efforts to combat sexual crimes include both penal and non-penal measures. Penal efforts involve the government enacting more specific regulations on sexual crimes involving adults and children under the pretense of sexual consent, as well as taking repressive measures as a last resort. Non-penal efforts conducted by relevant institutions include public outreach and education that provides information about such criminal behaviors. The suggestions in this study are: (1) To prevent sexual crimes committed under the guise of sexual consent, it is necessary to involve the community and a supportive environment that is aware of unlawful acts occurring around them, and to collectively protect family and community members from engaging in harmful behavior. (2) The government is expected to establish more specific policies regarding sexual crimes involving adults and children under the pretext of sexual consent.