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Agung Setiawan; Aninda Sri Rahayu Mastur; Rahmawati Nurul Jannah

Jurnal Media Administrasi 2025 Universitas 17 Agustus 1945 Semarang, Indonesia

This study aims to analyze the reform of Indonesia’s immigration policy in the era of globalization and to compare it with the immigration policies of other ASEAN countries, such as Malaysia, Singapore, and Thailand. The research uses a literature review method by analyzing current regulations, international reports, and academic publications. The findings indicate that Indonesia has made significant reforms through immigration service digitalization, the implementation of e-visas, and a human rights-based approach. However, compared to neighboring countries, Indonesia still faces challenges in inter-agency coordination, undocumented migrant regulation, and refugee protection. The comparative study reveals that ASEAN countries adopt varied approaches, from merit-based systems to migrant regularization programs. This research concludes that Indonesia has great potential to lead the harmonization of migration policies in the ASEAN region, but it requires stronger legal frameworks and more integrated governance.

Alyza Nur’aini Choirunnisa; Winda Dwi Astuti; Soraya Khoirun Nisa’; Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Humanitarian intervention is often seen as an effort to protect civilians from human rights violations, but it often clashes with the principle of state sovereignty in international law. This research evaluates the alignment of humanitarian intervention with the values of Pancasila as an ethical and moral footing in international policy. The research uses a qualitative method with a case study approach; data is obtained from a literature study that includes academic documents, journals, reference books, and diplomatic reports, then analyzed descriptively-analytically to reveal the views of Pancasila in the practice of international law. The results show that although intervention has noble aims, its implementation often collides with the principle of non-intervention and the principle of state sovereignty. The values of Pancasila, especially fair and civilized humanity and social justice, can be used as a moral foundation to assess the legitimacy of intervention, but its application in international norms is still constrained by political interests and power imbalances between states. The conclusion of this study is that Pancasila offers a potential ethical framework for more just humanitarian interventions, but diplomacy and policy advocacy efforts are needed to strengthen the position of developing countries in formulating international norms that respect sovereignty while protecting human rights.

Keysi Rahmawati, Keysi Rahmawati; Erwin Permana

Jurnal Bisnis, Ekonomi Syariah, dan Pajak 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Marketing is the backbone of a business’s existence. Various ideas, creativity, and innovations in marketing continue to evolve in different forms. To attract a large number of consumers, some businesses engage in overclaim marketing. While this strategy may bring positive outcomes for some companies, it can also have negative consequences for others. One brand that has practiced overclaim marketing is Daviena Skincare. This study aims to analyze the impact of overclaim marketing on consumer trust in Daviena Skincare products. The research was conducted using a qualitative descriptive approach, with data obtained through digital tracing and observation. The findings indicate that overclaim marketing in the skincare industry, as practiced by Daviena Skincare, has negatively affected consumer trust. The overclaims identified include promises of instant results, false claims about premium ingredients, and unverified testimonials. An investigation by Doctor Detective revealed significant discrepancies between marketing claims and the actual product composition, such as Niacinamide, which was advertised at 10% but was not detected in laboratory tests. These findings contradict the marketed product benefits, leading to consumer disappointment and decreased brand loyalty. This phenomenon underscores the urgency for brands to be more transparent and ethical in their marketing strategies. Therefore, overclaim marketing practices must be eliminated to maintain the integrity of the industry and protect consumers’ rights to accurate information and products that align with their claims.

Agid Lukas Evans Pardede; Aninda Sri Rahayu Mastur; Rahmawati Nurul Jannah

Jurnal Media Administrasi 2025 Universitas 17 Agustus 1945 Semarang, Indonesia

This study analyzes Indonesia’s immigration policy reforms in response to global and ASEAN migration dynamics. The reforms emphasize a human rights-based approach, digital services like e-Visa and M-Paspor, and bureaucratic modernization. Despite progress, challenges remain in implementation, institutional overlap, and limited protection for vulnerable groups such as refugees and undocumented migrants. Comparisons with other ASEAN countries reveal varied approaches, positioning Indonesia to lead regional migration policy harmonization through its strategic role and commitment to human right.  

Nadiyatul Khairiah

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

Abortion is a contentious legal and moral issue, as it involves two equally important rights: the right to life of the fetus and a woman's right to bodily autonomy and reproductive health. Under Indonesian criminal law, abortion is generally classified as a criminal offense, as stipulated in the Criminal Code (KUHP). However, exceptions are recognized under specific conditions such as medical emergencies and pregnancies resulting from rape, in accordance with Law Number 17 of 2023 on Health. This study aims to examine the legal boundaries between prohibited and permitted abortions and to analyze the challenges of implementing these provisions in practice. The findings indicate that despite the existence of legal exceptions, implementation remains difficult due to complex procedures, limited facilities, and inadequate understanding among law enforcement and health workers. Therefore, clear technical regulations and cross-sectoral education are essential to ensure fair legal protection for both women and medical professionals.

Veren Anggelina Maringka; Benny Djaja; M. Sudirman

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

The establishment of Indonesia's new capital city (IKN) in East Kalimantan is a major achievement in the nation's strategic plan. This enormous project poses significant legal issues concerning the constitutional land rights of Indigenous peoples who have been in the region for millennia. This study seeks to analyze the recognition and probable jeopardization of Indigenous communities' constitutional rights within the legal framework of the IKN project. The study employs a normative legal framework and examines regulations, including Law No. 3 of 2022 concerning the Capital City and pertinent Constitutional Court rulings on Indigenous rights, highlighting a disparity between formal legal acknowledgment and actual enforcement. Preliminary findings suggest minimal Indigenous involvement in planning and decision-making processes, coupled with escalating dangers of land confiscation. The study advocates for enhanced constitutional protections and the realization of land rights as a means of restorative justice and acknowledgment of Indigenous identity within the framework of national development.

Ferda Ria Angelina; Tri Andrisman; Fristia Berdian Tamza

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

This research analyzes the legalization of abortion for rape victims in Indonesia from a human rights perspective, based on Law Number 36 of 2009 concerning Health and Government Regulation Number 61 of 2014 concerning Reproductive Health. The study aims to identify the forms of legal protection for rape victims who undergo abortion and to evaluate the extent to which its implementation aligns with human rights principles, particularly the rights to health, security, and dignity. Using a normative legal research method with a literature review, this study found that existing regulations have provided a legal basis for abortion in rape cases as a form of protection. However, its implementation still faces significant obstacles such as social stigma and limited access, which potentially hinder the fulfillment of victims' human rights.

Ragil Putri Pinaring Gusty

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

The state's efforts to provide accurate and up-to-date population data for various development needs, such as planning policies and public services, are known as the implementation of population administration. Due to the large number of people living in big cities, many non-permanent residents have not been officially registered. This is due to difficult procedures, lack of legal knowledge, and limited access to population registration services. The need to maintain the basic rights of every citizen, both permanent and non-permanent, and ensure orderly administration as part of national development is the basis of the policies used to manage population administration. By ensuring proper data collection, accurate recording, and legal protection for non-permanent residents, proper population administration is expected to be an important tool to reduce the negative impacts of urbanization, especially in the city of Surabaya. This study aims to determine how population administration for non-permanent residents in the city of Surabaya is implemented in the context of urbanization and to suggest more reasonable and efficient policies. The results of the study, which was conducted using a qualitative approach by conducting literature research, in-depth interviews, and policy analysis, showed that simplifying registration procedures, increasing socialization, and increasing cooperation between related institutions are needed to carry out population administration for non-permanent residents.  

Handar Subhandi Bakhtiar; Atik Winanti; Pradipta Prihantono

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

Land Ownership in Indonesia, is regulated in Article 5 of the Basic Agrarian Law (UUPA) No. 5 of 1960. UUPA regulates various types of land rights in Indonesia, such as ownership rights, lease rights, use rights, and business use rights. This regulation aims to distribute natural resources, ensure legal certainty over land, and protect the rights of communities affected by land use policies. Meanwhile, Malaysia has a land ownership legal system influenced by British law due to its colonial period. In this context, land law in Malaysia is regulated by various laws, including the National Land Code (NLC) 1965, which regulates land rights, land registration, and land-related rights. In Malaysia, land is divided into several categories of rights, such as freehold and leasehold. The land registration system in Malaysia is more centralized, and land regulations are also implemented through state institutions. Unlike Indonesia, which prioritizes customary rights in land management, Malaysia tends to prioritize national land regulation and administration through a more modern and structured system.

Sandy Ramadhiansyah

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

Terrorism is an extraordinary crime that requires extraordinary measures. The Elucidation of Law Number 5/2018 describes that the crime of terrorism is a serious, deliberate, systematic, and planned crime that instills widespread fear. However, the law does not explicitly regulate exceptions to the statute of limitations rendering it subject to the general provisions in the Criminal Code. Under Law 5/2018, terrorism is punishable by death. Consequently if evades after 18 years, the obligation to prosecute is extinguished. In contrast, Law Number 26/2000 concerning Human Rights Courts excludes gross human rights violations like crimes against humanity from statute of limitations provision. Terrorism can be categorized as a crime against humanity. This is because terrorism is a widespread and systematic attack that directly aimed at the civilian population, as formulated in Law 26/2000. However, with both crimes against humanity and terrorism codified in the 2023 Criminal Code along with closing provisions revoking parts of Law 26/2000 and Law 5/2018, raises the question whether these crimes will now be subject to the statute of limitations provision in the 2023 Code. This is certainly not in accordance with both comparative practice in various countries and international law.

Hanif Tamam Zuhair

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

The mass deportation of Indonesian migrant workers (TKI) from Malaysia is a multidimensional threat to national security, especially in Indonesia's border areas. In 2022–2023, more than 40,000 migrant workers were forcibly repatriated, mostly through North Kalimantan and Riau. Malaysia's strict immigration policies such as Operation Nyah and the implementation of online recruitment procedures accelerate the deportation process and increase migrant workers' vulnerability to exploitation. This journal examines the impact of these deportations on local socio-economic stability, increased cross-border crime, and institutional weaknesses in the management of migrant worker repatriation and reintegration. Using a policy study approach and analysis of deportation data, the paper highlights the need for integrated and responsive security policies and strengthened bilateral Indonesia–Malaysia coordination. Recommendations focus on institutional capacity building, protection of migrant workers' rights, and a human security approach in dealing with the challenges of forced migration.  

M Arva Zada Subarkah; Dona Raisa Monica; Deni Achmad; Eko Raharjo; Refi Meidiantama

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

The rapid development of information and communication technology not only brings a positive impact on various aspects of life, but also gives rise to new forms of cybercrime. One of the criminal acts that is increasingly prevalent is the transmission of electronic information that violates morality and contains elements of extortion. The lack of optimal psychological support and legal assistance also worsens the impact experienced by victims. Therefore, strategic steps are needed both preventive and repressive in handling cybercrime. This study aims to thoroughly examine the forms of legal protection available to victims, both in terms of normative legal frameworks, implementation by law enforcement officials, and mechanisms for restoring victims' rights through normative and empirical juridical research methods, as well as interviews with related parties.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Zahrotul Jannah Khoiroh; Revalina Devra Amartya Putri; UIN Raden Mas Said Surakarta

Jurnal Ilmu Pendidikan 2025 Lembaga Pengembangan Kinerja Dosen

Constitusionalism, as a fundamental principle upholding the rule of law and the recognition of fundamental rights of citizens, holds crucial relevance in the formation of laws in Indonesia. The primary objective of constitusionalism in this context is to ensure the alignment of statutory regulations with the noble values enshrined in the 1945 Constitusion of the Replubic of Indonesia (UUD 1945). The legislative process in Indonesia, which is based on the principles of democracy, justice, and respect for human roghts, necessitates contitutionalism as a mtehodological guideline. This research employs a qualitative research method with a literature study apporoach. Through an indepth analysis of various legal and theoretical sources, this study explores how constitutionalism influences the formation of laws, including ensuring the absence of substantive and procedural contradictions with the UUD 1945. Furthermore, this research examines the role of conctitutionakism in regulating the relations between state institutions in the legislative process, strengthening the function of the Constitutional Court in judical review and limiting the potential for abuse of power. Consequently, this research argues that the relevence of constitutionalism the quality of the resulting laws, as well as their implications for the justice and welfare of all Indonesian people.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Erlina Hendratama Putri; Najwa Mudya Prameswati; Sri Dewi Indah Dian Purnamasari

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

In this article, we discuss protection the rights of citizens in democratic countries from a constitutional point of view and human rights (HAM). The constitution, as the highest legal document of a country, contains the basic principles governing the relationship between the state and its citizens, including in terms of human rights protection. By analyzing the framework of Indonesian law, including the Constitution that was adopted in 1945 and various international human rights instruments. The constitution of Indonesia, especially in Article 28A-28J. However, the implementation of these rights still faces various complex challenges, including regulatory inconsistencies, social inequalities, as well as other political, economic and social factors. It is hoped that this article can make a positive contribution to strengthening the human rights protection system in Indonesia, so that the rights of citizens can be guaranteed and protected properly. Normative juridical research method applied in this article includes analysis of legal rules related to human rights protection, including constitutional laws, government regulations, a court decision. With the application of this research method, this article is expected to make a significant contribution to strengthening the human rights protection system in Indonesia, so that the rights of citizens are guaranteed and protected effectively.

Hidayani Syam; Syahlu Andalusia Monrick; Silva Khairani

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

Domestic violence (DV) is a form of human rights violation that often occurs but is still widely unreported. This study aims to examine the forms of domestic violence, the factors that cause it, and its impact on victims, especially women and children. The method used is the library research method. The results of the study indicate that physical, psychological, sexual, and economic violence are the most common forms of domestic violence. The dominant factors causing domestic violence include patriarchy, economic dependence, alcohol abuse, and weak law enforcement. The impacts are not only physical, but also psychological and long-term social. This study recommends increasing public education, strengthening victim protection institutions, and stricter law enforcement against perpetrators of domestic violence. Handling domestic violence holistically is the key to creating a safe and healthy family environment.

Filal Khair; Sidi Ahyar Wiraguna

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The rapid digital transformation in Indonesia has intensified the need for robust personal data protection, particularly through the mechanism of the Data Protection Impact Assessment (DPIA) as stipulated in Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). This study employs a normative juridical and qualitative approach to examine the role of DPIA as a key instrument in identifying, evaluating, and mitigating privacy risks in high-risk personal data processing activities. The findings reveal that although DPIA represents a significant normative advancement, its implementation faces major challenges, including the absence of detailed technical regulations, limited institutional capacity, and insufficient data subject involvement. By comparing international best practices, this research highlights the urgent need to strengthen regulatory frameworks, enhance digital and privacy literacy, and develop a collaborative ecosystem to optimize the DPIA function. Normative recommendations are formulated to reinforce DPIA as a risk management tool and a safeguard for privacy rights, aiming to foster a secure and trustworthy digital ecosystem amid ongoing digital transformation.

Naisyila Desnita Cahayani Saputra; Putri Agustin Sulistyowati; Fatimah Nur Azizah; Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya

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

Indonesia's digital economy is rapidly growing with the emergence of e-commerce, fintech, and blockchain technology that facilitate cross-border transactions. However, challenges such as technological access inequality, personal data exploitation, and multinational company dominance remain major concerns. Therefore, implementing Pancasila values in digital economy governance is crucial to ensuring social justice, consumer protection, and national competitiveness. Pancasila principles, such as moral-based business ethics, consumer rights protection, digital sovereignty, and participatory regulation, must be integrated into digital economic policies. Additionally, electronic commerce regulations based on international law should align with national interests to balance digital economic growth and constitutional rights protection. Thus, Pancasila-based digital economic policies can promote inclusivity, strengthen SMEs' competitiveness, and ensure the broader welfare of society.

Lukman, Lutfiana; Moonti, Roy Marthen; Kadir, Yusrianto; Kasim, Muslim A.

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Domestic Violence (DV) is a serious human rights violation, particularly affecting women as a vulnerable group. Gorontalo City has seen a significant rise in DV cases, reflecting weak prevention efforts and law enforcement. Although Law No. 23/2004 regulates the elimination of DV, its local implementation faces structural, cultural, and resource-related challenges. This study analyzes the effectiveness of DV law enforcement in Gorontalo and identifies key obstacles. Using an empirical juridical method with a qualitative approach, data were collected through field research, interviews with law enforcers, and document analysis. The findings reveal that despite procedural efforts, barriers such as low public legal awareness, partiality among officials, limited victim protection facilities, and patriarchal norms hinder effective enforcement. Law enforcement remains ineffective due to weak institutional synergy and victims’ reluctance to seek justice. The study recommends specialized training for law enforcers, strengthening integrated victim services, and intensive legal outreach to build a more responsive environment to DV issues.

Angga Prastyo Wibowo; Muhammad Zulfikar Amien

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

The purpose of this research is to analyze the legal protection of the constitutional rights of communities affected by the C excavation mine in Sukolilo, especially the importance of protecting community rights and effective law enforcement so that people can avoid the negative impact of mining. So it is necessary to emphasize the importance of this research in providing recommendations for improving regulations or policies that protect communities in mining-affected areas. This research is descriptive research using a qualitative approach with a type of descriptive research aimed at solving problems in the present. This research will examine the constitutional rights of communities in the area of C excavation mining activities, in the Sukolilo area of Pati Regency. The data collection in this research is collected through literature study. This method aims to obtain a strong theoretical foundation and understand the development of relevant recent research, so that the analysis carried out can be more comprehensive and supported by credible scientific references. The formulation of the problems raised are: (1) How are the constitutional rights of people affected by C excavation mining activities in the Sukolilo area of Pati Regency, (2) How are the responsibilities of local governments and mining actors in providing legal protection and guaranteeing the constitutional rights of the Sukolilo community affected by C excavation mining. The results of this study indicate.

Abdur Rahman Jainur Dani; Salman Taufiq; Lucky Dafira Nugroho

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

Drafting contracts is important in the business world because it helps regulate the rights and obligations of each party, providing legal certainty. In this post, we will discuss how drafting a good contract can build trust between cooperating parties. By studying the basic principles and important contents of contracts, as well as effective negotiation communication strategies, I demonstrate that contracts are not only legal documents, but also tools that can prevent problems and strengthen cooperation in the long term. As this discussion illustrates, proper contract drafting can reduce the risk of disputes and foster stronger business relationships. This paper also provides practical advice to help businesses create contracts that are legally valid and support harmonious, sustainable cooperation.