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Elirica Aliyah Irwan Bauw; Ema Nurkhaerani

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

This study examines the issue of cross-border insolvency in the context of Indonesian bankruptcy law, particularly the limitations of national law in handling cases involving foreign elements such as assets or creditors outside Indonesia. Although Law Number 37 of 2004 contains universal principles, its implementation is hindered by Indonesia's adherence to the principle of territoriality and the absence of international agreements on mutual recognition and enforcement of foreign bankruptcy decisions. This normative legal research employs statutory and conceptual approaches to analyze the legal framework and principles relevant to cross-border insolvency. The findings show that Indonesian bankruptcy rulings currently have limited extraterritorial effect and cannot be directly enforced abroad without proper international legal instruments. To overcome these limitations, the adoption of the UNCITRAL Model Law on Cross-Border Insolvency is deemed necessary, along with efforts to establish bilateral or multilateral agreements. Such steps are expected to enhance legal certainty, protect creditors’ rights, and improve Indonesia’s insolvency regime in the context of global commerce.

Fauziah Lubis; Tazkiya Asri Syam; Liza Fauzanti Sagala; Anggina Elsa Ritonga; Lusi Febriani +1 more

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

This study aims to analyze the legal remedies for denial of default in the civil procedural law system in Indonesia. The main problem raised is how the denial mechanism can provide legal protection for defendants who are not present at the trial, and how the application of denial in judicial practice is related to the principle of fair and speedy trials. The background of this study is based on the phenomenon of many civil cases being decided by default due to the absence of the defendant, which then leads to the submission of denial as a means of protecting the defendant's rights. The research method used is normative juridical with a statutory approach and case studies. Data were obtained through a literature study of laws and regulations, court decisions, and relevant literature, and analyzed qualitatively. The results of the study indicate that denial is an important legal right for defendants to defend themselves against unilaterally imposed decisions. However, in practice, the implementation of denial is often hampered by administrative factors, the defendant's ignorance of their rights, and different interpretations by law enforcement officers regarding the deadline for submitting denial. Therefore, it is necessary to strengthen regulations and socialize the mechanism of verzet so that the principle of justice in the civil trial process can be realized optimally.    

Nurmalia Dewi; Amanda Kurnia Dwi Putri; Agum Shohefi; Fania Fitri Azkaria; Ulvia Rosayida +2 more

Jurnal Riset Rumpun Ilmu Bahasa 2025 Pusat riset dan Inovasi Nasional

This study aims to identify forms of violations of the right to health services in the implementation of BPJS Kesehatan, analyze the factors that cause them, and formulate preventive and limiting solutions. The research used a descriptive qualitative approach with in-depth interviews with six informants who were active BPJS Health participants in Tanjung Sari, East Jambi. The results showed that there was service discrimination in the form of different treatment between BPJS patients and general patients, patient rejection, administrative obstacles in emergency situations, and unavailability of drugs and medical facilities. Contributing factors include unequal distribution of health facilities, limited human resources, and a weak monitoring system. The experiences of BPJS participants confirm the gap between the program's objectives and the reality on the ground, reflecting a denial of the state's obligation to guarantee citizens' health rights. Comprehensive efforts are needed, including public education, administrative simplification, equitable distribution of health facilities, enforcement of strict sanctions, and active community involvement to realize quality and equitable health services.

Mahabatul Hasanah; Siti Fatimatuzzahra; Nor Latifah

Jurnal Riset Ilmu Farmasi dan Kesehatan 2025 Asosiasi Riset Ilmu Kesehatan Indonesia

Drug packaging not only serves as a protective barrier for pharmaceutical products but also functions as a strategic element in conveying information and ensuring consumer rights. This study is a literature review of five journals that discuss packaging innovation, legal aspects of labeling, consumer protection, and packaging design from both technological and regulatory perspectives. The aim of this study is to compare the dimensions of innovation, information, and protection in drug packaging. A narrative review method with a qualitative descriptive approach was used. The results show that innovations such as the use of adsorbent plastic and efficiency in packaging systems significantly affect product stability and production speed. Meanwhile, the inclusion of composition details and halal labeling on packaging serves as a form of consumer protection from health risks and rights violations. It is concluded that a multidimensional approach to drug packaging is essential in creating a pharmaceutical distribution system that is efficient, safe, and ethical.

Ismaidar Ismaidar; Rifqi Fairuz Ula

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The leakage of consumers' personal data by irresponsible corporations has become a serious issue in the digital era, particularly in the context of data protection in Indonesia. This paper analyzes corporate criminal liability for such data breaches from the perspective of Indonesian cybercriminal law. The study adopts a normative legal approach through literature review of relevant legislation, legal doctrines, and court decisions. The findings indicate that corporations may be held criminally liable if proven negligent or if they fail to fulfill their data protection obligations under the Electronic Information and Transactions Law (ITE Law). Although a legal framework already exists, proving the elements of fault and direct involvement of corporate executives remains a significant challenge. Therefore, there is an urgent need for strengthened technical regulations and stricter law enforcement to ensure the protection of consumer rights in the digital sphere.

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.

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.

Iyza Ayundha Putri; Rissa Ayustia

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

The community as voters has a very important role because it is one of the factors that determine the success or failure of organizing elections. The purpose of this research is used as information on the role of election organizers, in this case the District Election Committee (PPK) at the Sumbermanjing Wetan District Level, Malang Regency in its efforts to increase community participation and as knowledge about general elections to be used as an evaluation in organizing future elections. This research uses phenomenological qualitative research methods through in-depth source interviews and observation notes to election organizers, namely members of the District Election Committee (PPK) in Sumbermanjing Wetan District, Malang Regency. PPK in socialization activities to the community cooperates with the District Election Supervisory Committee (Panwascam) in supervision and socialization, government agencies, government institutions and local village community organizations in disseminating socialization to the community because it is able to reach all communities that have limited accessibility. The declining level of community participation needs to be reviewed so that people who abstain from voting or who do not use their voting rights can actively participate in realizing democracy. In addition, a wise evaluation of the regulations, technical implementation, accuracy of voter data, neutrality and integrity of the electoral process is needed.

Fissilmi Kaffa

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

This journal is entitled Problems of Differences in Land Area Size Between Land Certificates and Facts in the Field. Regulations regarding land ownership are regulated in such a way by the government, but the regulations issued at this time still cannot protect the rights of land owners because until now there are still many problems regarding differences in land area size between land certificates and facts in the field. The purpose of this study is to determine and analyze the causes of changes in land area size in land certificates and efforts to resolve if there is a difference in land area size between land certificates and facts in the field. The method used in this study is empirical legal research, which is a study that will later use empirical facts taken from human behavior through direct observation. The results of the study state that changes in land area size in land certificates are caused by two (2) factors, namely human factors and natural factors. Meanwhile, the resolution if there is a change in land area size in land certificates can be resolved through litigation and non-litigation.

Wani Wani; Faisar Ananda Arfa; Ibnu Radwan Siddiq Turnip

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

This paper discusses the issue of gender equality from the perspective of Islamic family law and positive law in Indonesia. This study begins with a historical exploration of the treatment of women in the pre-Islamic era which was full of discrimination and oppression, until the arrival of Islam which brought about a major transformation towards respecting and recognizing women's rights. Furthermore, this paper reviews the comparison between the values ​​of gender equality in ideal Islamic family law with practices that are still influenced by patriarchal culture, as well as Indonesia's positive legal response to gender issues, such as through the Compilation of Islamic Law (KHI), the Marriage Law, and the ratification of international conventions such as CEDAW. This study also highlights the role and existence of women in the family as children, wives, and mothers, as well as the challenges faced by women in fighting for rights and equality in the domestic and public spheres. This paper emphasizes that achieving fair and balanced gender equality requires a reinterpretation of the law based on values ​​of justice and a structural commitment to empowering women in all aspects of life.

Arif Budi Kusuma; Suherman Suherman

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The purpose of this study is to understand the form of intellectual property regulation that is the object of debt collateral in bank financial institutions and the form of execution of intellectual property that is the object of debt collateral in bank financial institutions in the event of default according to Government Regulation Number 24 of 2022. This study uses a normative legal research method with a statutory regulatory approach and a conceptual approach. The legal materials used include primary legal materials in the form of legislation covering intellectual property and collateral, secondary legal materials in the form of interviews with Rikson Sitorus as Chair of the Legal Analyst Working Group for Copyright and Industrial Design, DJKI, Ministry of Law and Human Rights and Muhammad Fauzy as Coordinator of Intellectual Property Facilitation II, Ministry of Tourism and Creative Economy/Baparekraf, scientific papers and related documents. The validity of legal materials is carried out by harmonizing legal materials in order to find the suitability of legal materials with the issues being answered. Based on the research results, it was found that: (1) Intellectual Property as an object that has a movable and intangible nature, the same as other property rights, can be transferred and assigned to other parties, such as being used as a credit guarantee object by the owner of the intellectual property. PP 24 of 2022 opens up opportunities for all types of IP to be used as bank collateral. (2) Execution of IP as Collateral can be carried out by; if the collateral is bound by fiduciary, it can be executed following the provisions contained in the Collateral Law, if using a contract in creative economic activities, the settlement process is carried out based on the provisions of the existing contract, if using the right to collect in creative economic activities, the right to collect can be executed by demanding payment through a legal process in accordance with the existing agreement.

Suci Sulistiawati; Lilis Sulistiawati; Wina Sumiati

Hikmah : Jurnal Studi Pendidikan Agama Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Inter-religious tolerance is defined as an attitude of accepting, recognizing, respecting and appreciating the beliefs of others. The emergence of conflict is often caused by individualistic feelings that still arise in social relationships. This article aims to review in depth the role of Islamic cinema in presenting narratives that promote peace, harmony, and mutual understanding between religious communities in Indonesia. This analysis uses a qualitative analysis approach, the data collected contains data quotations from literature studies, books, films, articles, and literature. The results showed that there are 3 values of tolerance contained in the movie “Tanda Tanya”. First, it leads to efforts to provide freedom. Second, recognizing everyone's rights. Third, respecting other people's beliefs.

Titing Oting Supartini; Aden Rosadi; Usep Saepullah; Husain Husain

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

This study explores the philosophy of wasiat wajibah (obligatory bequest) within the Islamic inheritance law system in Indonesia, by examining its philosophical, normative, and practical foundations in the context of national law. Wasiat wajibah is a legal institution that grants a mandatory inheritance share to heirs who are otherwise excluded from inheritance rights, such as grandchildren whose parent (the child of the deceased) has passed away before the testator. The purpose of this study is to examine the philosophical foundations of wasiat wajibah, its relevance to the Islamic principle of justice, and its integration into Indonesia's positive legal system. This research adopts a qualitative approach with a normative-philosophical method. Data were collected through literature review of both primary and secondary sources, including classical Islamic jurisprudence texts, Indonesian legal regulations (such as the Compilation of Islamic Law), and philosophical writings on Islamic legal thought. The data were analyzed interpretively and reflectively through textual and conceptual analysis. The findings indicate that wasiat wajibah is grounded in strong philosophical principles of justice, compassion, and protection of vulnerable groups. In the Indonesian context, this concept has been incorporated into the Compilation of Islamic Law, particularly in Article 209, as a form of legal adaptation to the complex and plural realities of modern society. However, its implementation still faces challenges due to differing scholarly opinions among Islamic schools of thought and limited awareness among legal practitioners. In conclusion, wasiat wajibah serves as a bridge between Islamic moral values and a responsive positive legal system. A philosophical approach to wasiat wajibah reinforces the urgency of reconstructing the Islamic inheritance system in Indonesia to be more just, adaptive, and contextually relevant.

Witasya Aurelia Sulaeman; Beniharmoni Harefa; Handar Subhandi Bakhtiar

International Journal of Social Welfare and Family Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Child sexual exploitation is a severe violation of human rights that demands a firm and multidimensional legal response. This study aims to identify the underlying causes of child sexual exploitation and to analyze and compare law enforcement practices against such crimes within the legal systems of Indonesia and Malaysia. The research employs a normative juridical method with a comparative law approach. The findings reveal that the contributing factors in both countries include weak legal enforcement, socio-economic vulnerability, misuse of digital technology, and prevailing cultural norms. In terms of punishment, Indonesia has introduced chemical castration as an additional sanction under Government Regulation No. 70 of 2020, while Malaysia imposes imprisonment and caning based on the Penal Code and the Child Act 2001. Despite having comprehensive legal frameworks, Indonesia continues to face challenges in implementation, such as inadequate law enforcement sensitivity and insufficient psychosocial support for victims. The comparative analysis indicates that legal effectiveness relies not only on statutory provisions but also on institutional commitment to uphold justice and child protection.

Martin Batara Tambunan; Suherman Suherman; Heru Sugiyono

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

The purpose of this study is to analyze the legal status of fiduciary collateral objects designated as state-confiscated assets that have been auctioned, and to examine the resolution of the state's rights in confiscating and auctioning fiduciary collateral objects in relation to the rights of financing companies as fiduciary creditors whose claims remain unsettled. This study employs a normative juridical research method using statutory, case, and conceptual approaches. The results show that fiduciary collateral objects confiscated and auctioned by the state do not automatically nullify the creditor’s rights, as the principle of droit de suite entitles creditors to claim the object or the proceeds from its sale. Regulatory ambiguity creates legal uncertainty and discourages fiduciary-based financing practices. From a justice perspective, the state must not arbitrarily execute assets without considering the legitimate rights of creditors. Resolution of the conflict between the rights of the state and creditors must be carried out proportionally through criminal, civil, or non-litigation avenues, in order to establish a balance between law enforcement and creditor protection, thereby maintaining stability in the financing sector.

Sahla Aulia; Muhammad Zenal Muttakin; Ramma Fawaz Abqari; Putri Ayu Salsabila

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

This research aims to examine the role of the Constitutional Court (MK) in protecting and guaranteeing the right to education as part of human rights and the constitutional rights of Indonesian citizens.Education enshrined in Article 31 of the 1945 Constitution of the Republic of Indonesia is a fundamental right of every citizen that must be fulfilled by the state without discrimination.However, in its implementation, there are still gaps in access and violations of constitutional rights, especially for vulnerable groups and communities in marginalized areas. This research raises two main issues: (1) the gap in access and quality of education experienced by vulnerable groups and how the Constitutional Court protects those rights; and (2) violations of constitutional rights in the field of education.

Dedi Anton Ritonga; Muhammad Ichsan

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Human Rights (HAM) are a universal concept that guarantees the freedom and dignity of every individual. From a Western perspective, human rights emerged from a long historical experience marked by oppression, absolutism, and the struggle for individual freedom, thereby emphasizing secular, rational, and individualistic aspects. Meanwhile, in the Islamic perspective, human rights are not only rational and social in nature but also theological, as they originate from divine revelation and are part of human nature (fitrah). Islam views human rights as fundamental rights granted by Allah SWT to all of humanity, which must be respected and protected, with an emphasis on the balance between rights and obligations, as well as between individual freedom and the interests of society. One of the fundamental differences between the two is that human rights in Islam are theocentric, based on the revealed teachings of the Qur'an and Hadith. In contrast, Western-secular human rights are anthropocentric, founded upon philosophical thought as their main foundation.

Moh Zulham Sidiq

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

 A brand is one of the most valuable intellectual assets in the business sector, serving not only as a product identity but also as a reflection of reputation and quality. However, the increasing phenomenon of brand infringement indicates the urgent need for stronger and more effective legal protection. Brand infringement brings various negative consequences, including loss of consumer trust, unfair competition, and significant financial losses for brand owners. This study aims to analyze brand infringement from a criminological perspective, identify causal factors, and evaluate the role of law in addressing such violations. The research employs normative legal methods through analysis of statutory regulations, legal and criminological theories, and a literature-based approach using secondary data obtained from books, journals, and legal documents. The findings reveal that criminology provides relevant insights through theories such as Rational Choice Theory, which explains that perpetrators calculate the risks and benefits before committing the violation, and Anomie Strain Theory, which highlights how the inability to achieve economic or social goals legally can drive individuals or groups to commit brand infringement. The classification of violations includes imitation, counterfeiting, misuse, and unlawful exploitation of brand rights. Several causal factors were identified, including weak legal supervision, limited enforcement, and the high consumer demand for cheaper counterfeit products. Furthermore, the study underlines the essential role of the criminal justice system in addressing brand infringement through the enforcement of criminal, civil, and administrative sanctions as regulated under Law Number 20 of 2016 on Trademarks and Geographical Indications. In conclusion, brand infringement is not merely a legal issue but also a criminological problem that requires comprehensive handling through effective law enforcement, stronger supervision, and increased public awareness to protect intellectual property and ensure fair business practices.

Silvana Nur Rahmat Lukum; Weny Almoravid Dungga; Suwitno Yutye Imran

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal protection for insurance customers in the settlement of policy claims at PT Asuransi Bumi Putera, with reference to Law No. 8 of 1999 concerning Consumer Protection. The main problem faced by customers is the delay in payment of claims, which is contrary to the main purpose of insurance to compensate for losses experienced by customers. Based on available data, many claims have not been paid, indicating the non-compliance of insurance companies with their obligations. This research examines the forms of legal protection regulated in the Consumer Protection Law, particularly regarding the customer's right to obtain clear information, compensation, and dispute resolution. In addition, this study also highlights the preventive and repressive aspects of legal protection, where preventive protection aims to prevent disputes from occurring, while repressive protection provides legal avenues for aggrieved customers to obtain compensation. While the law has provided a clear basis of protection, consistent implementation and enforcement are still needed to ensure customer rights are fulfilled. This research is expected to contribute to improving legal protection for insurance customers in Indonesia, as well as encouraging insurance companies to fulfill their obligations in a timely manner in accordance with applicable regulations.

Glenius Brainsson Siburian

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The number of layoffs during Covid-19 due to the presence of the Large-Scale Social Restrictions (PSBB) policy not only has an impact on the health sector, but also has a wide impact on social and economic coverage, especially in the formal and informal employment sector. One of the main problems that arises is the increasing cases of Termination of Employment (PHK) which causes economic uncertainty for workers and their families. The researcher is encouraged to conduct an in-depth analysis of this condition after the enactment of the Job Creation Law, especially in the perspective of fulfilling the rights of workers affected by the pandemic. This study uses a normative legal research method with a legal legal approach, focusing on the employment aspect. Data was obtained through literature studies which included primary sources in the form of laws and regulations, as well as secondary sources in the form of literature, journals, scientific articles, and relevant court decisions. The results of the study show that there are still differences in implementation in fulfilling the rights of workers who have been laid off during the pandemic. Based on the decisions analyzed, it was found that there are still cases where workers do not get their rights in full, either related to severance pay, service award money, or other compensation money that should be guaranteed by law. These findings indicate that the role of judges in deciding layoff cases is very important to ensure maximum justice and protection for workers. Therefore, the author recommends that judges in deciding cases related to layoffs be guided by the principles of labor law, the principles of social justice, and applicable laws and regulations.