Publication Search

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

International humanitarian law (HHI) aims to protect individuals who are not involved in armed conflict, including children who are often victims or even perpetrators of warfare. The phenomenon of recruitment of child soldiers, although prohibited in various international legal instruments, but still takes place in a number of countries in conflict. This research discusses the legal implications for parties that violate the provisions regarding the recruitment of child soldiers, focusing on the provisions in the Rome Statute that classify the recruitment of child soldiers as a war crime. In addition, it analyses the underlying causes of the armed conflict in Sudan and how international accountability mechanisms can be optimised to prosecute perpetrators of crimes against children. In addition, it identifies opportunities and constraints in realising justice for child victims of armed conflict, as well as the importance of international cooperation in providing protection and rehabilitation for them. It is hoped that the findings will provide further insight into the challenges and efforts needed to protect children's rights in the midst of war and the importance of international law enforcement to prevent the exploitation of children in armed conflict.

This article discusses Siti Musdah Mulia's views on marriage in Islam, with a focus on the definition of marriage, the practice of polygamy, marriage registration, and the ideal age for marriage. As an academic and activist, Musdah Mulia proposed the concept of marriage as an equal contract between two individuals, and emphasized the importance of registering marriages to protect women's rights. He criticized polygamy and encouraged monogamy as a marriage model that is more in line with the principles of justice and gender equality. Apart from that, Musdah Mulia proposes a minimum age of 20 years for marriage, considering aspects of physical and psychological maturity. This article uses the literature study method to explore and analyze data from various sources, including journal articles, books and theses. The findings of this research indicate the need for reform of family law in Islam to support gender equality and family welfare in an evolving social context.

The cases of child sexual exploitation continue to rise in Indonesia. However, the legal system has yet to provide legal certainty for children as victims. This study aims to examine the positive legal framework regarding the protection of child victims of sexual exploitation, assess its implementation in providing legal certainty, and offer an ideal concept of legal protection for the future. The method used is normative juridical with statutory, case, and conceptual approaches. The results show that although legal instruments such as the Child Protection Law, the Sexual Violence Crime Law, and regulations related to restitution are in place, their implementation remains ineffective. Restitution rights are often not pursued due to victims’ lack of awareness and weaknesses in the legal system. This study recommends that restitution be granted automatically and that the role of law enforcement be strengthened to ensure the protection of children's rights.

The rapid development of information technology has significantly driven the growth of e-commerce as one of the main channels in modern commercial activities. In the beauty product sector, digital platforms offer consumers easier access and simultaneously expand market reach for business actors. However, this advancement also brings various challenges, particularly in relation to consumer protection. Common issues include product authenticity, information transparency, transaction security, and dispute resolution mechanisms. In this context, legal protection for consumers has become an urgent matter that cannot be overlooked. This study aims to analyze the forms of legal protection available to consumers of beauty products in e-commerce transactions and to assess the effectiveness of existing regulations in addressing these challenges. Using a normative juridical approach, the study evaluates relevant legislation, such as Law Number 8 of 1999 concerning Consumer Protection, along with other regulations related to electronic transactions. The findings reveal that although legal instruments have been established to safeguard consumer rights, their implementation still encounters obstacles, including limited supervision of online business actors and low consumer literacy regarding their rights. Therefore, efforts are needed to strengthen regulations, improve consumer education, and optimize the roles of supervisory and dispute resolution institutions. In this way, the consumer protection system in the e-commerce sector—particularly for beauty products—can operate more effectively and provide a greater sense of security for the public in conducting digital transactions.

Mahr in Islamic marriage plays a significant role as a symbol of commitment, respect, and protection of women's rights. This study aims to analyze the urgency of mahr in Islamic marriage, from the perspectives of Islamic law, the responsibilities of men, and the protection of women. Using a literature review approach, this research explores relevant literature on mahr in the context of Islamic law, hadith, and the views of scholars regarding the meaning and purpose of mahr. The results show that mahr is not only a financial obligation but also a deep form of respect and commitment between partners. However, in contemporary social practices, there are deviations in the understanding of mahr, which is often viewed as a status symbol or materialistic transaction. This study concludes that to maintain the values of Islam in marriage, the understanding of mahr must return to the essence taught by Islam, which is as a form of responsibility, simplicity, and respect for women.

Digital transformation in Indonesia has increased dependence on digital database systems, so that personal data protection has become a crucial issue. This research aims to analyze the urgency of protecting personal data in digital database systems in Indonesia from regulatory, ethical and technical strategy aspects. The method used is literature study and document analysis of regulations, ethical practices and data protection technology. The research results show that even though Law Number 27 of 2022 concerning Personal Data Protection (UU PDP) has been passed, its implementation still faces challenges in the form of low digital literacy, weak law enforcement, and not yet optimal monitoring infrastructure. Additionally, implementing ethical principles and technical strategies, such as encryption, access control, and privacy by design, is critical to strengthening data security. This research concludes that effective personal data protection can only be realized through synergy between strong regulations, the application of digital ethics, and adequate technical strategies, in order to safeguard individual privacy rights in the digital era.

A Customary law is an unwritten legal system that has lived and developed in Indonesian society since before the arrival of Western law. This article reviews the role of customary law as part of Indonesia's national legal system, focusing on its relevance and existence in the modern era. Through a qualitative approach with a literature study method, this article discusses how customary law continues to exist amid the challenges posed by globalisation and the development of positive law. The author highlights the importance of preserving the values of customary law as it reflects cultural identity as well as a form of recognition of the rights of customary law communities. The results of the discussion show that although customary law is not systematically recorded, it has an important role in dispute resolution, as well as regulating the social life of the community. Therefore, the integration of customary law into the national legal system needs to be improved to create contextual justice rooted in local culture and values.

Identity politics in Southeast Asia has had a significant impact on the legal and state planning system. The study analyzes how exploitation of religious, ethnic, and ideological identity in politics affects various aspects, including elections, public policies, and law enforcement. The impact includes social and political polarizations, the weakening of the rule of law, discriminatory policies towards minorities, and conflicts between identity politics and human rights international standards. The response in these regions is diverse, ranging from an inclusive approach that emphasizes pluralism to a repressive approach that limits civil liberties. The study highlights the challenges in balancing group interests with the national interests, as well as the need for legal reform and political education to address political threats on stability, justice and democracy in Southeast Asia. This research also recommends harmonizing regulations, strengthening yudiative institutions, and democratic and human rights education as a solution to overcome these problems.      

This research was motivated by a woman who worked in a company as a laborer who worked on an oil palm plantation. The research approach or methodology used in this research is the sociological juridical approach to interpreting law. The role of a woman apart from being a wife, a housewife plus being a worker should still have to carry out the rights and obligations as a wife even though the concepts in marriage are such that or in other words the goals of marriage are not achieved, Positive impact on household harmony for female workers: Women can live a decent life without having to experience pressure and dependence from their husbands; Can support their families, especially their children who have various needs; Can buy life's necessities or be financially independent to meet life's needs. everyday life; Happier because you meet co-workers who can joke with each other; Have a strong mentality, and will not panic when faced again with problems at home that have occurred; Increased self-confidence, because they feel more appreciated and recognized in the family and society. Meanwhile, negative impacts on household harmony for female workers: Lack of attention to husbands and children because they are busy with their work; Prioritizing work rather than providing rights and responsibilities as a wife and housewife. Lack of good communication with partners; Because they have their own income, they forget that the wife is the responsibility of husband Royal use of moneyRights and obligations aspect of Islamic family law There are two kinds of rights of a wife towards her husband, namely: material rights or economic rights to survive and non-economic rights such as the right to be applied fairly and not to be hurt, etc, apart from that, the right to love, respect, and be loyal to provide physical and spiritual assistance to both of them.

This research aims to analyze Imam Abu Hanifah's thoughts on salam transactions from an Islamic legal perspective. A salam transaction is a form of sale recognized in Sharia, where payment is made in advance, while the goods are delivered at a later date. This research uses a literature review method with a descriptive analysis approach, examining primary and secondary sources related to Imam Abu Hanifah's thoughts on salam. The results of the research show that Imam Abu Hanifah paid special attention to the valid conditions of salam transactions, with the aim of protecting the rights of both parties and preventing disputes. His thoughts emphasize the importance of clear specifications of goods, delivery time, and price, as well as the prohibition of practices that contain elements of gharar (uncertainty).

One of the changes experienced by humans is communication technology. Along with the development of the era, communication technology has also developed massively until it reached the digital era like today. However, this development does not always have a positive impact. One of the negative impacts that arises is the violation of the right to privacy. The right to privacy that will be discussed is in the form of personal data. Legal problems related to personal data are one of them shown in the rampant buying and selling of personal data that occurred in Indonesia. The incident was suspected of being to attract the interest of marketing personnel. Through international instruments, the constitution, and its legislation, Indonesia has had a number of regulations related to the protection of the right to privacy in the form of personal data. However, of course, in its implementation there are still challenges and obstacles. The research method used in compiling this scientific article is the literature study method (normative juridical). Although Indonesia has many laws that regulate the protection of the right to privacy, regulations related to this matter have not yet fully succeeded in securing individual personal data properly.

The rapid development of information technology has brought various conveniences to human life, but it also brings new challenges in the form of cybercrime threats. One of these threats is cyberstalking, which is the act of stalking, harassment, or threats through digital media. Cyberstalking utilizes the anonymity of technology to violate the privacy, dignity, and psychological safety of the victim. In Indonesia, the regulation of cyberstalking is implicitly regulated through Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) or in its latest amendment, namely in Law Number 1 of 2024 concerning the Second Amendment to Law Number 1 of 2008 concerning Electronic Information and Transactions and the Criminal Code (KUHP). However, these regulations have not been able to cover the multidimensional dimensions of the crime, such as non-verbal harassment or emotional threats through digital media. This article analyzes cyberstalking in the perspective of Indonesian criminal law by highlighting the existing legal vacuum and the importance of regulatory reform based on the principles of legality, legal certainty, and protection of individual rights. Recommendations include revising the ITE Law, strengthening the capacity of law enforcers, and increasing public awareness to deal holistically with the threat of cyberstalking. With these steps, it is hoped that legal protection for victims can be improved in line with technological developments.

The principle of due process of law is a fundamental pillar in every modern legal system, including in the context of procedural law for judicial review of laws at the Constitutional Court of the Republic of Indonesia. This principle demands a fair, open, and balanced procedure for all parties to the case. However, in practice, the application of this principle often faces various problems, such as limited access to trial information, limited opportunities to submit evidence, and allegations of impartiality by the constitutional panel of judges. This study aims to critically examine the problems of applying the principle of due process of law in procedural law for judicial review of laws at the Constitutional Court. The research method used is normative juridical with a statutory approach and case studies of several Constitutional Court decisions. The results of the study indicate that there is a discrepancy between the normative provisions governing the principle of a fair trial and the factual implementation in court. This condition has the potential to weaken the legitimacy of the Constitutional Court as the guardian of the constitution and the protection of citizens' constitutional rights. Therefore, efforts are needed to reform procedural law at the Constitutional Court to strengthen the application of the principle of due process of law consistently, transparently, and accountably.

The Constitutional Court of Indonesia is a judicial institution with the authority to review laws against the 1945 Constitution of the Republic of Indonesia, resolve disputes between state institutions, decide on the dissolution of political parties, and adjudicate election result disputes. In exercising its authority, the Constitutional Court functions not only as the guardian of the constitution but also as a protector of human rights. This article aims to analyze how the procedural law of the Constitutional Court, as regulated under Law Number 24 of 2003 and its amendments, serves as a crucial instrument to ensure fair, transparent, and accountable proceedings in cases involving constitutional rights. This study adopts a normative juridical approach by examining legislation, legal doctrines, and Constitutional Court decisions that have had a significant impact on the protection of human rights. The analysis reveals that several rulings of the Court have expanded interpretations of human rights, although challenges remain regarding the consistency of procedural application and the effectiveness of decision enforcement. Therefore, strengthening the procedural law of the Constitutional Court is essential for ensuring the substantive and sustainable protection of human rights in Indonesia.  

The rapid development of information technology has significantly changed cybercrime, especially electronic document forgery. This re-search examines the utilization of digital forensics and information technology in proving the crime of electronic document forgery in In-donesia through a normative legal research approach. The research uses a statutory approach and a conceptual approach to analyze the ef-fectiveness of digital forensic methods in uncovering electronic crimes based on certain evaluation criteria including technical feasibility, legal acceptability, and procedural compliance with Indonesian law. The findings show that digital forensics has an important role in in-vestigating electronic document forgery, but faces complex implementation challenges. Key barriers include limited human resources, with only 147 certified digital forensics experts in Indonesia according to verified 2023 data from the Indonesian Digital Forensics Association (AFDI), and legal regulations that have not fully accommodated the evolving digital technology landscape. The research identifies signifi-cant technical barriers, such as the complexity of forensic technology, the volatility of digital evidence, and the rapid advancement of cyber-crime techniques. Through an examination of recent case studies including the Tokopedia data breach of 2023 and the Jakarta Administra-tive Court electronic document forgery case of 2022, this research demonstrates the practical application of digital forensics in Indonesian courts. The research proposes a balanced approach that fulfills both evidentiary and human rights protection requirements in digital inves-tigations. Strategic recommendations include strengthening the capacity of forensic laboratories, harmonizing legal regulations, and im-proving the competence of human resources in technology and law. This research contributes to the conceptual framework of cyber law enforcement by offering a comprehensive perspective on the evidentiary challenges of e-crime in the digital age.

This study aims to analyze the impact of personal data protection on consumer satisfaction in online transactions in the marketplace. Along with increasing attention to privacy, consumers are increasingly demanding better data protection policies from marketplaces. This research uses a qualitative approach with in-depth interview techniques and content analysis of the privacy policies of several marketplaces in Indonesia. The results show that an effective data protection policy has a positive effect on the level of consumer satisfaction. The main influencing factors are policy transparency, consumer awareness, and their experience with personal data management. However, there is still a gap between existing policies and implementation in the field. Marketplaces that successfully manage personal data well can increase loyalty and competitiveness in an increasingly competitive market. The research also highlights the importance of educating consumers about their rights to personal data and the urgency for marketplaces to improve supervision and compliance with existing regulations. Overall, personal data protection not only fulfills legal obligations, but also becomes a differentiation strategy that increases consumer trust and strengthens marketplaces' position in the market.

The principles of democracy in the Hadith perspective reflect Islamic beliefs that emphasize the values of equality, deliberation, and justice. Although the word “democracy” is not found in the hadith texts, the teachings on the basic principles of democracy contain and underlie people's participation, freedom of speech, and respect for the rights of each individual that can be found in the teachings of the prophet Muhammad SAW. Hadiths related to deliberation (shura), social justice, and leader selection indicate that decision-making in society should be based on inclusiveness, transparency, and responsibility. For example, hadith-reports that suggest deliberation in dealing with important issues indicate respect for individual voices and opinions in a collective decision. In addition, the concept of justice in the hadith emphasizes the importance of equal treatment of all members of society without discrimination. The purpose of this article is to provide knowledge about democracy in the Hadith perspective in the perspective of hadith. Thus, the hadith perspective provides a moral and ethical foundation for the implementation of democratic principles that are oriented towards the welfare of the people and the fair management of public interests. 

The prohibition of committing injustice (zulm) is a fundamental principle in Islamic teachings that emphasizes justice as the foundation of social life. In various hadiths of the Prophet Muhammad (peace be upon him), injustice is strongly condemned as a violation of both divine rights and human rights. This article aims to discuss in depth the prohibition of zulm and explore its deeper implications in both criminal and civil law. Injustice is not only seen as an individual sin, but also as a breach of social justice and public order. Therefore, the command to avoid zulm, as conveyed in hadiths, goes beyond theological and moral dimensions, extending into concrete and applicable legal principles. Through a normative and juridical approach, this study seeks to demonstrate that the prohibition of injustice can serve as a foundation for developing a fair legal system that upholds individual rights. In the context of criminal law, acts of injustice often manifest as crimes requiring firm punishment to maintain social order. Meanwhile, in civil law, injustice appears in forms such as unlawful acts, breaches of contract, or violations of property rights, which demand compensation or restitution. This reflects the importance of integrating Islamic values in building a civilized and justice-oriented legal system.

This study aims to describe the principles of legality in Indonesia and France. This study uses normative legal research methods, namely secondary legal materials in the form of data obtained from books and opinions of experts related to this study. The results of this study indicate that the principles of legality in Indonesia and France highlight the importance of legal certainty, human rights, and a sense of justice in the criminal law system. In Indonesia, the principle of legality has been regulated in the Criminal Code since 1946, but its application is often not pure because of the customary law that still applies. Although there have been amendment efforts, it often ends in a confusing system. Meanwhile, in France, the principle of legality developed from resistance to arbitrary power, which was emphasized in the Habeas Corpus Act in England in 1679. This principle gives parliament the authority to determine the components of violations and their sanctions, as a guarantee of the freedom of citizens from excessive tyrannical actions.