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Sulli, Frans A.; Moonti, Roy Marthen; Ahmad, Ibrahim

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

Traffic accidents are events that not only affect physical and material losses, but also cause legal issues in the form of compensation claims. This research aims to comprehensively examine the legal mechanism of compensation claims for victims of traffic accidents in Indonesia, as well as identify obstacles in its implementation. The type of research used is normative legal research, with an approach to statutory provisions, jurisprudence, and other legal documents. The results of the study show that although the legal basis for compensation claims is available, its implementation is still constrained by low legal literacy, complicated evidentiary procedures, and weak institutional support. As a suggestion, regulatory reform, institutional strengthening, and community-based legal socialization are needed to improve victims' access to justice. Thus, the compensation system can run effectively, fairly, and sustainably to protect the rights of traffic accident victims.

Muhamad Khalid Abdillah; Galih Wahyu Pradana

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

Good financial management at the village level is crucial to support development and the welfare of the village community. However, many villages still face challenges in financial management, one of which is the low quality of human resources (HR) and the lack of integrity among village officials. This study aims to analyze and evaluate the influence of integrity on village financial management, as well as to analyze and evaluate the influence of human resource quality on village financial management, using 35 village governments in Sidoarjo Regency as the research location. This research was conducted by distributing questionnaires to 232 respondents, with the study population being the entire population of Sidoarjo Regency, totaling 1.977 million people, to examine the independent variables (integrity and HR quality) in relation to the dependent variable (village financial management). The method used in this research is Structural Equation Modeling (SEM), with data processing conducted using Smart-PLS 4 software. The results of the study show that the integrity of village officials has a positive influence on village financial management at a rate of 0.444, meaning that the higher the integrity of village officials, the better the financial management of the village. Additionally, HR quality was also found to have a significant impact on village financial management at a rate of 0.420. This research contributes to improving village financial management by emphasizing the importance of integrity and the quality of human resources in village governance.

Udin Nurkholis Huda; Hartoyo Hartoyo; Fitri Ayuningtyas; Fitri Ayuningtyas

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

The crime of molestation and sexual intercourse against children is an act that violates social norms of politeness, religion and decency. Article 28b paragraph (2) of the 1945 Constitution of the Republic of Indonesia reads: "Every child has the right to survival, growth, and development and has the right to protection from violence and discrimination" The legal issue of this normative legal research: How is the criminal act of molestation and sexual intercourse against children regulated? What is the form of legal protection for children as victims of sexual acts and sexual intercourse? The crime of molestation is regulated in Articles 289 to 295 of the Criminal Code, Law No. 35 of 2014: It is an amendment to Law No. 23 of 2002 concerning Child Protection, which affirms the prohibition of violence or threats against children (Article 76E) and establishes prison sanctions of between 5 to 15 years for perpetrators (Article 82) and Law No. 12 of 2022 concerning the Crime of Sexual Violence. The form of legal protection for children as victims of criminal acts of molestation and sexual intercourse is Physical and Psychological Protection, Victims' children have the right to physical protection to ensure safety from the threat of the perpetrator, through the arrest of the perpetrator with sufficient preliminary evidence. Psychological protection is provided with rehabilitation, counseling, and psychosocial assistance during the legal process until recovery. 2. Confidentiality of the identity of the victim; 3. Legal and Social Assistance; 4. Restitution and Restoration of Rights; 5. Strict Law Enforcement.

Winajat Winajat; Syahrul Borman; Dudik Jaya Sidharta

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

Law Number 15 of 2019 in Article 58, Article 85 and Article 91 contains authority that must be carried out by ministries or institutions that carry out government affairs in the field of Legislation Formation. Until early 2025, the government has not formed the ministry or institution in question. The legal issue of this normative legal research: What is the form of regulation of harmonization, rounding, and consolidation of the conception of the Draft Regional Regulation? What is the authority of the ministry in harmonizing, rounding, and consolidating the conception of the Draft Regional Regulation? The arrangement of harmonizing, rounding, and consolidating the conception of the Draft Regional Regulation involves a series of steps that are structured and regulated by laws and regulations. Harmonization is the process of harmonizing and unifying draft regulations so that there is no conflict with existing regulations. Coordination, For the Draft Regional Regulations that come from the Regional People's Representative Council, harmonization is coordinated by the fittings of the Regional People's Representative Council that handles the field of legislation. The authority of the ministry in harmonizing, rounding, and consolidating the conception of the Draft Regional Regulation is rooted in Article 18 paragraph (6) of the 1945 Constitution which states that local governments have the right to establish regional regulations, which are the implementation of regional autonomy. Article 236 of Law Number 23 of 2014 emphasizes that regional regulations must be prepared as an elaboration of higher laws and regulations. Since the promulgation of Law Number 15 of 2019, there has been a significant change in the authority to harmonize the Draft Regional Regulations.

Zakky Maulana Afizuddin; Nur Handayati; M. Syahrul Borman

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

This study aims to analyze the investigation of narcotics crimes conducted by the Mojokerto City Police in accordance with the provisions of Article 114 in conjunction with Article 112 of Law Number 35 of 2009 concerning Narcotics. These articles regulate the threat of criminal penalties for drug dealers and users, and provide a legal basis for law enforcement officers in carrying out the investigation process. This study uses a normative legal method with a statutory approach and case analysis. The results of the study indicate that the investigation at the Mojokerto City Police has attempted to comply with applicable legal provisions, but there are obstacles such as a lack of competent human resources, obstacles in collecting evidence, and challenges in implementing rehabilitation for drug users. This study recommends increasing the capacity of investigators through training, optimizing cooperation with related agencies, and implementing more transparent and accountable investigation procedures.

Fairus Hasna; Rahayu Subekti; Rosita Candrakirana

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

The management of mining waste is a crucial aspect in maintaining the balance between the exploitation of natural resources and environmental protection. PT Aneka Tambang Tbk (Antam), as a mining company, strives to implement sustainable waste management policies to support the concept of Green Business in Indonesia. This study aims to analyze the role of national and international regulations in mining waste management and the implementation of these policies by Antam based on its 2020-2023 sustainability report. Using a normative juridical approach, this research finds that although regulations governing waste management are in place, challenges remain in their implementation, including harmonization with international standards and the effectiveness of supervision mechanisms. Therefore, strengthening regulations and enhancing transparency in waste reporting and management are necessary to ensure that the mining industry aligns with sustainability principles.

Putri Melati Nur Hidayah; Anjar Sri Ciptorukmi Nugraheni

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

This study compares the legal protection of pre-project selling property contracts in Indonesia and Singapore, focusing on the regulation of the position of PPJB, consumer protection, and the mechanism of transfer of ownership and payment. The approach used is normative with legislative and comparative methods, relying on primary and secondary legal materials through literature studies. Descriptive and comparative analysis reveal significant differences in the legal arrangements of the two countries. In Indonesia, Law No. 8 of 1999 and Law No. 1 of 2011 regulate pre-project selling through PPJB, but supervision is weak so that it often harms consumers, such as in the case of Meikarta. In contrast, Singapore has more detailed regulations, such as the Housing Developers (Control and Licensing) Act, which requires escrow accounts for consumer funds and strict payment schemes. Supervision and law enforcement in Singapore are more effective with strict sanctions against violations, reinforced by jurisprudence such as the Jurisprudence of Tan Eck Hong v Maxz Universal Development Group Pte Limited (2012) SGHC 240. This study concludes that legal protection in Singapore is more advanced than Indonesia, providing important recommendations for property law reform in Indonesia to prevent disputes and abuse in property transactions.

Gessica Aulya Rahmy Dias; Purwono Sungkowo Raharjo; Sapto Hermawan

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

This research aims to find out how the relevant regulations and governments in Indonesia and Malaysia work to protect consumers of open banking applications. The type of research used is normative legal research, prescriptive and applied in nature using deductive syllogism reasoning method analysis. The approach used is a statutory approach (statue approach) and comparative approach with primary legal materials including various types of laws and regulations regarding consumer protection in Indonesia and Malaysia, as well as secondary legal materials including books, journal articles, and official documents. The results show that there are differences in consumer protection in Indonesia and Malaysia which are analyzed through 4 (four) indicators, namely consumer protection regulations, consumer protection law enforcement agencies, consumer dispute resolution mechanisms, and open banking supervisory institutions.

Rizki Maulana Efendi; Enjum Jumhana; Rizki Apriansyah; Muhammad Solihin; Rosyd Wardan

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

Termination of Employment (TOE) is the termination of an employment relationship due to a matter that results in the expiration of rights and obligations between workers/laborers and employers regulated in Law No. 13 of 2003 concerning employment and secondary legal materials obtained from employment, internet papers and others. The implementation of termination of employment must be in accordance with Law No. 13 of 2003 concerning employment that termination of employment is carried out in several processes, namely deliberation between employees and the Company, if there is an impasse, the last resort is carried out through the court to decide the case. Therefore, the strength of the implementation of labor law is needed through increased supervision, education for the parties, and optimization of the role of labor dispute resolution institutions.

Tenci Lioni Andini Kese; Darius Mauritsius; Husni Kusuma Dinata

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

This study aims to find out and analyze the study of the default judiciary in the implementation of the lending agreement between creditors and debtors based on case number 71/PDT. G/2023/PN KPG. This research is a normative law research that uses primary legal materials and secondary legal materials. The approach methods used in this study include the Case Approach, the Conceptual Approach, and the Statute Approach. The researcher performs this technique by collecting source materials and then doing so by reading, studying, analyzing, recording and interpreting points related to the problems or legal issues raised by the researcher. The results of this study show (1) The form of default committed by the defendants or debtors as contained in decision number 71/Pdt. G/2023/PN. Kpg The form of default committed by the debtors and/or the defendants as the judgment in question is a form of default "carrying out the achievement but not as it should" (2) The legal consequences that must be borne by the defendants are having to pay compensation that is many times the amount of the previous loan, namely from Rp. 350,000,000,- (three hundred and fifty million) to Rp. 612,847,022,-  (six hundred and twelve million eight hundred and forty-seven twenty-two rupiah) and must pay the cost of the case and must give up the bail if seven days after the legally effective judgment remains to be confiscated and the factors that cause the perpetrators of the default can be categorized into internal factors and external factors.

Muhamad Farudin; Haidar Hisyam Setiawan

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

This research paper discusses the legal protection for foundations against the misuse of social donations by recipients, using the case of Agus Salim and the Yayasan Rumah Peduli Kemanusiaan as a focal point. Legal protection is essential in ensuring justice, security, and legal certainty for individuals and organizations, particularly in the context of non-profit foundations that play a crucial role in channeling donations to those in need. The misuse of social donations poses significant risks, not only causing financial losses but also damaging the foundation's reputation and public trust. This study employs a normative legal research method to analyze the relevant legal aspects, including laws governing foundations and social donations, while emphasizing the need for effective legal mechanisms to safeguard foundations against such abuses. The findings highlight the critical role of legal frameworks in preventing and addressing misuse, ensuring that donations are utilized according to their intended social purposes. Ultimately, this research aims to contribute to the understanding of legal responsibilities and protections for foundations, promoting transparency and accountability in social donation management.

Muhamad Zulkifli Lamatenggo; Roy Marthen Moonti; Ibrahim Ahmad; Muslim A. Kasim

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

A traffic violation is a violation or action that is contrary to traffic laws or regulations, in accordance with Law Number 22 of 2009 which was passed by the DPR-RI on 22 June 2009. The aim of this research is to get a picture of traffic violations in the Gorontalo Police area.  The research method used is qualitative analysis with a literature study approach through collecting primary and secondary data on reports on the number of traffic violations in the Gorontalo Police area from 2022 to 2024. From the research results it was found that during the last 3 years from 2022 to 2024 there were past violations traffic violations in the Gorontalo Police area that are most frequently reported are traffic violations regarding vehicle equipment, documents and driver equipment with more efforts being made in the form of persuasive efforts in the form of giving warning sanctions in take action against traffic violations rather than imposing fines according to the articles violated. There is also a downward trend in the number of violations reported in the Gorontalo Police area from 2022 to 2024.

Stepi Ayu; Roy Marthen Moonti; Ibrahim Ahmad; Muslim A. Kasim

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

Professional Ethics of Prosecutors in Law Enforcement in Indonesia Is a guideline for behavior in a Prosecutor profession, which if it can be implemented in accordance with the objectives will produce prosecutors who do have good moral qualities in carrying out their duties. So that the judicial life in our country will lead to success. The purpose of this writing is to find out and understand the regulation of the Prosecutor's Code of Ethics in the legal system in Indonesia and how the sanctions and procedures for resolving prosecutors who violate the code of ethics. This research was conducted with a Normative Juridical legal approach. The results of this writing: First, the regulation of the Prosecutor's Code of Ethics in the legal system in Indonesia is regulated in PERJA No. PER-014 / A / JA / 11/2012 concerning the Prosecutor's Code of Conduct, the Prosecutor's Code of Ethics is used as a direction or behavioral guide to realize Prosecutors who have integrity, are responsible, and guarantee the moral quality of Prosecutors in society in order to realize an effective, efficient, clean, transparent and accountable bureaucracy based on Tri Krama Adhyaksa. Second, Sanctions and Settlement Procedures for Prosecutors who violate the code of ethics. In the event of a violation of the code of ethics by a prosecutor, there are Sanctions, both the Code of Ethics, other sanctions, namely disciplinary sanctions for civil servants if they violate the disciplinary regulations of civil servants and criminal sanctions if the act is a criminal act, and the party authorized to carry out the settlement starting from the examination stage to the verdict is the code of conduct council.  

Iqbal Falerizki; Figo Gustiawan; Daffa Aryanda Hutabarat

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

Kedudukan Pancasila sebagai dasar negara Indonesia memberikan konsekuensi bahwa penyelenggaraan negara Indonesia sebagai sebuah negara hukum, termasuk untuk menciptakan sebuah kondisi Welfare State (Negara Kesejahteraan) harus berlandaskan pada Pancasila. Dalam penerapannya, kesejahteraan masyarakat merupakan aspek penting dalam suatu negara, melibatkan berbagai aspek kehidupan seperti kesehatan, pendidikan, ekonomi, lingkungan, sosial, dan politik. Pemerintah wajib bertanggungjawab terhadap dinamika kehidupan masyarakatnya.

Ruth Tiur Jovita Kase; Rehnalemken Ginting

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

Alternative medicine using supernatural powers is a traditional practice widely found in Indonesia, but it is often conducted without scientific basis, causing negative impacts on society. These impacts include physical, financial, and psychological harm, such as delayed medical treatment leading to fatal outcomes, financial exploitation, and emotional manipulation. Article 252 of the 2023 Penal Code (KUHP) regulates this practice by imposing criminal sanctions on those who violate the law or harm the public. This regulation aims to protect the public, promote transparency, and integrate safe traditional elements into a modern, evidence-based medical system.

Moh. Ismail Mantolongi; Weny Almoravid Dungga; Mohamad Taufiq Zulfikar Sarson

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

This study aims to determine and analyze the form of fulfillment of consumer rights of IndiHome service provider users in the Laws and Regulations in Indonesia due to the FUP system and the responsibility of the IndiHome provider towards consumers due to the FUP system. This study is classified as normative research with a historical approach, comparative approach and conceptual approach. Legal materials are collected through document studies, then analyzed prescriptively. The results of the study indicate that consumer rights and the responsibilities of business actors, namely Indihome, have been regulated in Law No. 8 of 1999 concerning Consumer Protection. Although it has been regulated in the Laws and Regulations, this situation is no longer effective because when an error occurs, Indihome can be released from its responsibility. For this reason, it is necessary to revise Article 27 letter b of Law No. 8 of 1999 concerning Consumer Protection.

Robertho Puay; Yohanes G.T Helan; Cyrilius W. T. Lamataro

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

Development through community participation in villages is one of the efforts to empower the potential of village communities in planning development related to local resource potentials. The research questions in this study are: (1) How is the community participation in the development of Merbaun Village, West Amarasi Subdistrict, Kupang Regency? (2) What factors may hinder the success of community participation in village development in Merbaun Village, West Amarasi Subdistrict, Kupang Regency?  This research is a juridical-empirical study with a qualitative approach, using primary data collection techniques through interviews. Secondary data was obtained through literature studies.  The results of the study show that community participation in Merbaun Village development can be analyzed through three stages: planning, implementation, and supervision. Each stage shows different dynamics and levels of participation. (1) Planning Stage: At this stage, community participation is considered high. The village government conducts a development planning deliberation (Musdus) to absorb the aspirations of the community. Interview results show that the community is actively providing input and suggestions, reflecting a strong motivation and concern for the proposed development programs. (2) Implementation Stage: In contrast to the planning stage, the level of community participation in the implementation of development drops significantly. Although the village government opens opportunities for mutual cooperation (gotong-royong), community attendance is inadequate, with many absent. This indicates a lack of understanding and awareness among the community regarding the importance of their participation in the physical activities that have been agreed upon. (3) Supervision Stage: The supervision of the development also shows a lack of participation. The community should be involved in monitoring and evaluating development programs. However, most of the community members do not understand their role in the supervision process, as revealed in the interviews.The study suggests that community participation in the development of Merbaun Village should be increased to make development outcomes more effective and sustainable, in accordance with the principles outlined in Law Number 6 of 2014 concerning Villages.

Revony Lede Rihi; Heryanto Amalo; Adrianus Djara Dima

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

Corruption crimes are not only committed by civilians, but can be committed by military soldiers, namely the TNI who are educated with discipline. The handling of corruption cases committed by TNI soldiers together with civilians is handled through a connexity trial regulated in the Criminal Procedure Code. Although there are rules governing, there are still discrepancies in law enforcement. The main problems in this study are: (1) Is it appropriate for corruption cases committed by military officials to be tried in the Military Court? (2) What are the obstacles in law enforcement against high-ranking military officials who commit corruption crimes?This research is normative legal research, namely by examining literature or legal materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Normative legal research is a scientific research procedure to find the truth based on the logic of legal science from its normative side. The results of this study indicate that: (1) is it appropriate for corruption cases by military officials to be tried in the Military Court: The handling of corruption cases in Basarnas involving active military personnel who are tried in military courts is considered inappropriate because it will create an impression of inconsistent law enforcement, because it contradicts the provisions of Law No.8 of 1981 concerning the Criminal Procedure Code and Law No.48 of 2009 concerning Judicial Power. (2) Obstacles in law enforcement against high-ranking military officials who commit corruption crimes: Corruption crimes involving active military members stem from disharmonization of laws in the provisions of the Military Justice Law, Corruption Court Law, TNI Law, KPK Law, and Criminal Procedure Code. The researcher's suggestion is that to minimize the differences of opinion that continue to emerge, an extensive regulation on connexity should be made so that it can serve as a guideline in handling corruption cases involving military personnel and civil society.

Aloysius Kewa Ama; Rafael Rape Tupen; Marlyani Anita Seran

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

The Village Government has a very important function in managing all resources in the Village, one of which is the potential of the village market. The Village Market is a market built and managed by the Village Government with a place of business in the form of shops, stalls and tents or other similar names. Especially the Helanlangowuyo Village Government which is provided for traders. Based on Helanlangowuyo Village Regulation Number 6 of 2016 concerning Helanlangowuyo Village Finance Article 8 concerning the amount of village market retribution. The formulation of the problem in this study: (1) How is the Function of the Village Government in managing the Senadan Village Market to increase the original village income in Helanlangowuyo Village? (2) How does the contribution of the Senadan Village Market retribution to the original village income in Helanlangowuyo Village? (3) What are the inhibiting factors of the Village Government's Function in managing the Senadan Village Market to increase PADes in Helanlangowuyo Village? This type of research is empirical legal research which is a study of legal identification and legal effectiveness so that in its preparation, field research is carried out that utilizes data supported by primary data sources and secondary data. The results of the research and discussion show that: (1) In the management of the Senadan Village Market, the Helanlangowuyo Village Government faces challenges related to the status of the market land which is still a rental system and market facilities which are still very limited. (2) The contribution of market levies from 2021 to 2023 has decreased significantly, with the total contribution decreasing from IDR 3,275,250 in 2021 to IDR 3,027,750 in 2023. (3) The management of the Senadan Village Market faces obstacles in the form of a lack of clear regulations, low quality of human resources, lack of public awareness and inadequate conditions of facilities and infrastructure.

Irfan Ridha; Ahmad Kalingga; Aisyah Putri Indra; Alfajar Ahmad Abujibril; Alisha Zahra Saadiya +6 more

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

The Consumer Protection Law (UU 22/2020) has provided a legal basis for consumer protection in the banking industry.  The implementation of this law is important in the Islamic banking industry due to its consistency with sharia values which place justice and balance as the main principles.  The purpose of this study is to analyze the implementation of the Consumer Protection Act in the Islamic banking industry and evaluate the effectiveness of its implementation.  This research uses a qualitative approach with a literature study.  Data was collected through analysis of book literature and analysis of documents related to the implementation of the Consumer Protection Act.  The results of the study show how actual implementation of the Consumer Protection Law is in its operational procedures.  However, there are several challenges in implementation, such as the lack of awareness and understanding of customers about their rights, as well as a lack of adequate human resources and information technology to meet the requirements of the law.  This study recommends that Islamic banks increase consumer empowerment campaigns and invest in adequate human resources and information technology to increase the effectiveness of the implementation of the Consumer Protection Act.  This is expected to increase customer confidence in the sharia banking industry and support sustainable industry growth.