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Dita Kartika Sari Hasibuan; Poppy Wulandari

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

This research discusses consumer rights in the case of Pertamax adulteration by PT Pertamina Patra Niaga, which involved mixing fuel with substances of lower quality than promised. This case not only economically harms consumers but also endangers user safety and undermines public trust in the products sold by the state-owned company. The research methodology employed is normative legal research with a descriptive-analytical approach, examining the legal aspects related to consumer rights violations and the effectiveness of the implementation of the Consumer Protection Law in resolving disputes. The findings indicate that weak supervision and law enforcement allowed the adulteration practices to occur. Therefore, this research suggests the need for improved oversight by the government and BPH Migas, stricter law enforcement, and consumer education to protect their rights. It is hoped that this research will contribute to the development of consumer protection in Indonesia.

Amstrong Harefa; Jesslyn Elisandra Harefa

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

The principle of legality is a legal principle that states that every act may only be subject to sanctions if it has been stipulated in the legislation before the criminal act is committed. The research aims to analyze the necessity of a law before a criminal event occurs; analyze the assessment of an act that is not analogous; analyze the need for the principle of legality to protect individuals from arbitrary actions by judicial officers. The research method is the normative legal method, by adopting conventions, legislation, law books, journals, articles, the internet. Furthermore, comprehensively reviewing the literature so that maximum results are obtained. The results of the research, law enforcement that is fair, pure and consistent is still difficult to achieve considering that many officers still do not fully understand the meaning of the principle of legality so that they often make mistakes in considering imposing criminal sanctions, and often their decisions exceed their authority. Human rights are inherent rights in individuals, so individuals should get their rights. Protection of individual rights is mandated in the 1945 Constitution Article 28G paragraph (1) Article 28H paragraph (1). Legal certainty is a vital element in building an honest and fair legal strategy. It is expected that when laws are created, they should be in accordance with a systematic, democratic mechanism based on empirical observation results, so that errors in the application of the law can be minimized. Thus, all people get legal certainty where their rights are protected and maintained, on the other hand, each individual is aware not to do prohibited acts because every action has logical and firm consequences.  

Yusfriandi Dwi Ariesna; Dewi Wahyuni K. Baderan; Marini Susanti Hamidun

Konstruksi: Publikasi Ilmu Teknik, Perencanaan Tata Ruang dan Teknik Sipil 2025 Asosiasi Riset Ilmu Teknik Indonesia

Tenure conflicts in forest areas are long-standing structural issues in various regions of Indonesia, including Popayato Sub-district in Gorontalo Province. These conflicts arise from overlapping land claims between local communities, companies, and the state, directly affecting the socio-economic and ecological conditions of surrounding populations. This study aims to analyze the social and environmental impacts of tenure conflicts in Popayato's forest areas and assess the roles of stakeholders in seeking sustainable solutions. A qualitative case study approach was applied through in-depth interviews, field observations, and thematic analysis. Findings reveal that communities face restricted access to productive land and forest resources, disrupting livelihoods and local cultural sustainability. Ecologically, tenure disputes have triggered illegal land clearing and significant forest degradation. Local governments have made mediation efforts, yet face challenges in coordination and policy inconsistency. Civil society organizations play a crucial role in advocating community rights through participatory mapping and the promotion of legal recognition via social forestry schemes. This study recommends resolving tenure conflicts through collaborative approaches that uphold principles of social and ecological justice, including strengthening local institutions, participatory boundary mapping, and developing inclusive conservation-based business models. In doing so, sustainable forest management can be achieved by recognizing local rights and enhancing community participation in decision-making processes.

Zainudin Hasan; Dava Ival Fadhila; Dicky Kurniawan; Arya Oktama

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

Corruption is an extraordinary crime and has a systemic impact that is detrimental to the state and society at large. To overcome this problem, the Indonesian legal system provides the option of implementing the death penalty, which is regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption. However, the application of the death penalty has raised significant debate from various perspectives, both legal, philosophical, and sociological, considering that this action is contrary to the principle of respect for human rights. This study will discuss the threat of the death penalty as a form of ultimum remedium, namely as a last resort carried out in certain circumstances, such as when corruption occurs in a crisis or disaster situation. To analyze the effectiveness and urgency of implementing the death penalty in the context of anti-corruption law enforcement, a legal-normative approach is used

Samuel Siahaan; Al Fatih Muhammad Azlan; Grace Shalomitha Lova Sibarani; Lolyta Shalin Sihombing; Tara Yohana Panjaitan +3 more

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

Customary land is an integral part of the identity and survival of customary law communities, including in the Kampar region, Riau Province. However, along with increasing investment and development, there have been various forms of takeover of customary land rights that have triggered disputes between customary communities and third parties, such as private companies and the government. This study aims to analyze the mechanism for resolving disputes over the takeover of customary land rights in the Kampar region using customary law and national law approaches. The method used is a combination of normative and empirical juridical, data obtained through legal document studies, interviews with authorized local customary leaders. The results of the study show that customary communities in Kampar still rely on customary resolution mechanisms. Meanwhile, in resolving litigation, they often experience administrative and economic obstacles, while non-litigation channels such as multistakeholder mediation and administrative recognition by the local government are more effective if supported by policies that support them. In conclusion, synergy between customary law and national law is absolutely necessary to create fair protection for the rights of indigenous peoples, and it is hoped that there will be strengthening of customary institutions, acceleration of recognition of customary areas through regional regulations, and preparation of integrated mechanisms for resolving disputes based on local culture and national legal certainty.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Azzahra Salsabila Maharani; Dea Avita Sari; Fachrudin Ubaidilah Al Hakim

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2025 International Forum of Researchers and Lecturers

Elections are a fundamental element of democratic systems, granting citizens te political right to vote and be elected. This study aims to compare the implementation of citizens’ political right in elections under presidential and parliamentary democracy systems. The research method used is normative/doctrinal/library research. This study analyzes the differences in the exercise of political rights in both systems and their impact on the quality of democracy and citizen participation. The findings indicate that the presidential system allows voters to directly elect the head of state, providing strong legitimacy but posing a risk of political deadlock. In contrast, the parliamentary system emphasizes the election of parliament members, who then determine the head of government, offering flexibility but potentially leading to political instability. This study concludes that both systems have advantages and challenges in ensuring citizens’ political rights. Therefore, mechanisms should be developed to enhance political participation and ensure more democratic and inclusive elections.  

Intan Novitasari

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The transfer of land ownership rights through a grant (hibah) is a form of voluntary and non-compensatory property transfer. Notaries play a crucial role in drafting grant deeds to ensure legal certainty and protect the rights of the parties involved. This study aims to analyze the legal aspects of land ownership transfer through a grant deed before a notary, as well as the legal strength of the grant deed in providing legal certainty. The research employs a normative juridical method with a statutory and conceptual approach. The findings indicate that a grant deed executed before a notary holds perfect evidentiary power and serves as a crucial requirement in the process of transferring land ownership titles at the land office.

Marven A. Kasenda

Jurnal Media Administrasi 2025 Universitas 17 Agustus 1945 Semarang, Indonesia

This study aims to identify the causes behind the issuance of legally defective and non-binding birth certificates in Tulungagung Regency based on Supreme Court Decision No. 2438 K/Pdt/2019, and their legal impact on individuals. The research method used is normative juridical with a case study approach. The findings reveal that administrative errors and verification negligence are the main causes, affecting access to civil rights such as education and legal protection. The discussion highlights the urgency of improving the civil registration system to protect citizens' legal rights.

Elvira Clarista Faiqah; Rodhia Tammardhiah; Qian Ramadhani; Vincent Anderson Simanjuntak

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

Consumer protection in Indonesia is regulated in Law No. 8/1999 on Consumer Protection (UUPK), which emphasizes consumers' basic rights to safe and quality goods. This research focuses on the violation of consumer rights in the “Daun Suji” brand rice oplosan case, which came to light in February 2025. The results show that the oplosan “Daun Suji” rice does not meet the promised premium rice quality standards. This resulted in a violation of consumer rights, specifically Article 4 letters b and c of the Consumer Protection Law. These violations include the right of consumers to choose goods according to exchange value and guarantees, as well as the right to correct and clear information. This fraudulent practice harms consumers who expect quality products at the price paid.

Yenni Kartika; Benny Djaja; Maman Sudirman

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

Dormant status on a bank account is a condition in which an account is declared inactive because there have been no transactions for a certain period of time, so that it is automatically frozen by the bank. In Indonesian banking practices, changes in account status to dormant are often carried out based on the bank's internal policy without any clear notification to customers. This raises legal issues, especially related to the protection of customer rights to their funds, transparency of information, and access to financial services. The purpose of this study is to examine the extent to which the State provides legal protection that will be received by customers against the policy of automatically changing account status to dormant, as well as to evaluate the regulations in the Indonesian banking legal system. This study uses a normative legal approach, namely an approach that is based on literature studies by examining positive law, legal doctrine, and relevant literature. The approaches used include the statute approach and the conceptual approach. The results of the study indicate that legal protection for customers with dormant account status is still weak because there are no specific regulations that explicitly regulate this matter. The applicable legal regulations are still inclusive or general and do not sufficiently guarantee legal certainty and justice for customers. Therefore, special regulations are needed from the Financial Services Authority (OJK) and Bank Indonesia that establish transparent mechanisms, easy procedures, and balanced protection of customer rights. It is hoped that strengthening these regulations can increase public trust in the banking system and guarantee justice and legal certainty.

Fitri Fitri; Nadia Salzabila; Ilham Ilham

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

This study aims to analyze the legal protection of customers within the Islamic banking system in Indonesia, both normatively and practically. In Islamic economic principles, customer protection is not merely a legal obligation, but a moral and religious responsibility rooted in the values of maqāṣid al-sharī‘ah, particularly in ensuring justice (al-‘adl), trust (tsiqah), and protection of wealth (ḥifẓ al-māl). This research applies a qualitative-descriptive approach through literature review and normative juridical analysis of statutory regulations, DSN-MUI fatwas, and relevant Islamic legal doctrines. The findings indicate that although legal frameworks such as Law No. 21 of 2008, DSN-MUI fatwas, and OJK regulations offer a substantial basis for customer protection, implementation faces several challenges. These include information asymmetry between banks and customers, low Islamic financial literacy, insufficient monitoring of standard contracts, and limited access to Sharia-based dispute resolution mechanisms. Therefore, the study recommends reformulating contract structures, strengthening the role of the Sharia Supervisory Board (DPS), and enhancing public education regarding their rights as Islamic banking customers. Legal protection must be both formally legal and ethically grounded in Islamic justice.

Eriz Syawaldi Sitompul; Iwan Erar Joesoef; Suherman Suherman

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

The purpose of this study is to examine the principle of good faith , which is a fundamental aspect of corporate governance, which ensures fair treatment for all shareholders, including minority shareholders. This study examines the application of good faith in the third General Meeting of Shareholders (GMS) in relation to the protection of minority shareholders, focusing on Decision Number 389/PDT.P/2019/PN.CKR. This study aims to analyze the court's reasons behind the issuance of the Niet Ontvankelijke Verklaard decision at the third GMS and to evaluate the legal protection mechanisms available to minority shareholders. This study uses a normative juridical approach, by analyzing legal norms and judicial precedents related to corporate governance and shareholder rights. The research findings reveal that minority shareholders often face legal uncertainty and procedural disadvantages in GMS decisions, especially when the principle of good faith is not upheld. The court's rejection of the third GMS application highlights the need for a more comprehensive legal framework to protect the interests of minority shareholders and ensure a fair corporate decision-making process. This study contributes to the corporate governance discourse by emphasizing the importance of procedural fairness and legal certainty in shareholder meetings

Mariza Mariza; Harapan Tua

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

Service quality is the level of excellence or specialty of a service that can meet the needs and expectations of the community. Public service is an activity carried out by the government and other institutions to meet the needs of community services in accordance with laws and regulations. This service can be in the form of public goods, public services, and/or administrative services. The purpose of this study was to determine the quality of service in issuing Business Identification Numbers for micro businesses at the Pekanbaru City Investment and One-Stop Integrated Service Office and its supporting and inhibiting factors. This study uses a qualitative approach. Data collection techniques use interviews. Data analysis in this study was carried out using qualitative descriptive. The results of the study explain that the quality of service is already in the good category which is assessed from the transparency in the services provided where there is openness in the service process, services that are in accordance with the rules and there is ease in the service process. The principle of accountability in improving service quality to ensure that each service can be accounted for and provide services in accordance with the conditions that have been set. Community participation in improving services has been carried out well by providing services according to rights and balance. Supporting factors in improving service quality include the ability of employees to serve, the availability of supporting facilities and infrastructure, and the development of a better service system as part of improving services. While inhibiting factors include increased supervision and complicated bureaucracy in efforts to improve services.

Septian Uky Kriscahya; Suwardi Suwardi

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

Creditors are parties who have receivables based on agreements or legal provisions that can be collected through legal channels. In the practice of lending, collateral is very important to provide legal certainty and a sense of security for both parties, both creditors and debtors. This study discusses two main problem formulations, namely the position of the guarantee of dependents against creditors when the debtor defaults, and the form of legal protection for creditors if the right of dependency cannot be executed. The method used is normative juridical research that examines the applicable positive legal provisions. The results of the study show that if the debtor defaults, the creditor has the right to execute the collateral object through sale to cover his receivables. However, under certain conditions the right of dependency cannot be executed, so a legal mechanism is needed that provides protection to creditors. This protection is regulated in Law Number 4 of 1996 concerning Dependent Rights, especially in the articles that regulate the definition of dependent rights, the execution process, and the principle of droit de suite which guarantees the rights of creditors to the collateral object even if they change hands. Thus, the legal system of dependent rights is an important instrument in ensuring certainty and legal protection for creditors.

Agi Ahmad Najih; Fauzan Ali Rasyid; Muhammad Kholid

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

The problem of the legality of the agreement of the deed of debt and credit agreement into buying and selling requires legal certainty so that no one is harmed. Normative legal certainty is when a regulation is made and promulgated with certainty because it regulates clearly and logically. Clear in the sense that it does not cause doubt (multi-interpretation) and logical in the sense that it becomes a system of norms with other norms so that it does not clash or cause norm conflicts. Norm conflict arising from rule uncertainty can take the form of norm contestation, norm reduction or norm distortion. This research approach is descriptive analytical which describes legal events that occur as they are and conveys these conditions according to theory and legislation. The research method used in the research is empirical juridical which analyzes the Bandung District Court Decision Number: 162/PDT.G/2021/PN.BDG regarding the Legality of the Deed of Sale and Purchase Agreement as Collateral for Debt and Credit Due to Legal Defects. The results of this study show that; AJB, which should be a proof of transfer of land rights in a real sale and purchase transaction, in this case is used to guarantee debt repayment. This is a deviation from the function of the AJB, which is legally unjustified because it contradicts the principle of halal causa (Articles 1335 and 1337 of the Civil Code). Therefore, the AJB made does not meet the elements of a valid causa, and therefore can be canceled or even null and void.

Maria Metriani Eva Ili; Darius Mauritisus; Petornius Damat

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

The indigenous Nggolonio community gave land to newcomers (Dhajong) with the mandate that this land was only for making settlements, surviving and earning a living and not for other interests. However, the Dhajong community used this land for the construction of public facilities, the indigenous community of Nggolonio Village questioned the implementation of the mandate from their ancestors. The research used was empirical legal research with a qualitative approach. Data collection for this research was interviews and document studies. The results of the study indicate that the position of the customary rights of the Nggolonio Community against the rights of the Dhajong immigrant community, customary rights are the collective rights of the indigenous community to a certain area that is inherited from generation to generation. This right includes control and management of land and the natural resources above it. In the context of immigrant communities, access to and use of customary land is usually regulated by customary mechanisms that apply in the local community. This can involve the involvement of special agreements or land use permits that are mutually agreed upon between the indigenous community and immigrants. It is important to note that each indigenous community has different rules and mechanisms in managing relations between indigenous communities and immigrants. Therefore, a deep understanding of customary law and local practices in Nggolonio Village is essential to obtain an accurate picture of the status of customary rights of indigenous peoples and the rights of immigrant communities in the area.

Nadir, Nadir

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

This study examines the role of law in regulating business competition to develop the economy is needed. The purpose of this research is to find out and reveal the role of law in developing the economy. This research method uses normative legal research method, it is intended to identify and reveal the role of law in economic development. The results of this study indicate that the role of law in regulating business competition to develop the economy is very much needed so that business competition runs orderly and does not violate the rights of fellow business actors. The role of this law is manifested in government policies required by developing countries far beyond the needs of the developed industrial countries which have been established. The developed countries already have legal mechanisms in place to accommodate changes in their societies. Meanwhile, developing countries are not like that. In fact, the hopes and desires of people in developing countries for the realization of changes that bring about a greater improvement in living standards exceed the expectations needed by people in developed countries. The growth and economic development of the Indonesian state and in the world will be much influenced by fair business competition among business actors, both now and in the future. While, the healthy competition will be determined by legal policies in economic development; legal policies in business competition; politics of law formation and decision-making processes in the formation of business competition law

Rain Victoria Lumban Batu; Maura Viranti A.Syira Adam; Riehza Faizal Ramdhani; Achmad Juneadi; Taun Taun

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

The use of social media as a means of the press has various legal implications amidst the rapid development of information technology. Social media makes it easy to disseminate information quickly and widely, but on the other hand, the absence of clear regulations in categorizing it as part of the formal press raises legal problems, especially related to responsibility for content, protection of individual rights, and freedom of expression. This study aims to examine the position of social media in the legal framework of the press in Indonesia, and to analyze its legal consequences for users who act as conveyors of public information. Using the normative juridical method, it was found that social media has not received explicit recognition as a press entity in the Press Law, thus creating legal loopholes in terms of accountability and legal protection. Regulatory updates are needed to ensure legal certainty and maintain a balance between freedom of expression and legal responsibility in the digital era.

Kadek Ayu Widya Arisanthi

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The development of technology communication and information has produce the phenomenon of digital legacy, which is a person's digital footprint that remains stored and persists after they pass away.This digital legacy not only reflects a person's identity and personal life but also stores sensitive and private data.In the perspective of human rights, the right to privacy is a base right that must be protected, including personal data post-mortem. However, the legal system in Indonesia has not explicitly regulated the protection of digital legacy, resulting in a legal vacuum that potentially violates the right to privacy.This research uses a normative method with a legislative approach and a case approach.The study results show that the absence of national legal norms specifically regulating digital legacy causes society to depend on the internal policies of foreign digital platforms, which do not guarantee justice and human rights protection. National regulations are needed that specifically govern the protection of personal data post-mortem as a form of respect for human privacy and dignity, as well as a tangible manifestation of the state's responsibility to guarantee the human rights of its citizens in the digital era.

Sulis Nurlaila; Nicolo de’Albergati; Muhammad Rifki Nurrasman; Hana Faridah

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

The phenomenon of victim blaming remains a serious issue in various cases of violence, including family conflicts. Children who experience physical, psychological, or neglect-related abuse often face not only violence but also social stigma that blames them for their circumstances. From a victimology perspective, victim blaming against children in family conflicts occurs due to factors such as patriarchal culture, power imbalances within the family, and a lack of legal awareness regarding children's rights. This study employs a normative juridical method with a qualitative approach to examine the phenomenon of victim blaming against children in family conflicts based on victimology theory. The findings reveal that victim blaming in family conflicts manifests in various forms, including justification of violence against children, minimization of the harm caused, and denial of the perpetrator's role. The psychological and social impacts of this phenomenon are extensive, leading to anxiety, depression, post-traumatic stress disorder (PTSD), and difficulties in forming healthy social relationships. To address this issue, active involvement from families, educational institutions, and child protection organizations is crucial in providing education and advocacy for children's rights. Additionally, victimology perspectives can be utilized to develop policies that support victims, prevent the recurrence of family violence, and minimize the practice of victim blaming against children.