Publication Search

This study aims to analyze the obstacles to the implementation of civil judgment execution and efforts to resolve them in judicial practice in Indonesia. The research method used is normative juridical legal research with a statutory and conceptual approach. The data used is secondary data obtained through literature study, which is then analyzed qualitatively. The results of the study indicate that the implementation of civil judgment execution still faces various obstacles, which include legal, technical, and non-legal obstacles. Legal obstacles include legal efforts used to delay execution, technical obstacles related to the unclear object of the dispute and limited facilities, while non-legal obstacles include resistance from the losing party and the public. These conditions indicate ineffectiveness in the implementation of civil procedural law, resulting in the failure to achieve legal certainty, justice, and benefit. Efforts to resolve obstacles are carried out through improving regulations, increasing the professionalism of judicial officials, utilizing technology, and a non-litigation approach. Thus, legal reform and strengthening of judicial institutions are needed so that the implementation of civil judgment execution can run more effectively and provide optimal legal protection.

This practice is essentially based on clauses in employment contracts intended to prevent employees from resigning before the contract term expires. However, from a legal perspective, this practice raises challenges regarding the validity of employment contracts and the legal protections afforded to employees. The objective of this study is to evaluate the validity of the diploma retention practice through the lens of labor law and civil law, as well as to explore the types of legal protections that may be available to employees. The research methodology employed is a normative legal approach, utilizing a legal and conceptual framework, and supported by a literature review of primary and secondary legal sources. This analysis emphasizes the principles of contract law, labor protection principles, and relevant human rights standards. The research findings indicate that the practice of withholding diplomas lacks a clear legal basis under Indonesian law and potentially violates the criteria for the validity of contracts, particularly regarding the abuse of circumstances (misbruik van omstandigheden). Furthermore, this practice can be categorized as an illegal act because it infringes upon workers’ property rights and their freedom to seek employment. Legal protection for workers can be facilitated through preventive strategies, such as strengthening labor regulations and oversight, as well as through enforcement actions, including civil litigation and the resolution of industrial disputes.

The transfer of land rights is an important legal event that impacts legal certainty and the protection of ownership rights. In this process, notaries play a strategic role by drafting authentic deeds, which serve as the legal foundation for the transfer of land rights. This study aims to analyze the role of notaries in ensuring legal certainty in the transfer of land rights and to identify the responsibilities and challenges faced in practice. The research method used is normative legal research with a legislative and conceptual approach. The findings show that notaries play a crucial role in ensuring the formal and material validity of the land rights transfer agreement through the creation of authentic deeds. However, in practice, there are several challenges, such as discrepancies in land data, bad faith from the parties involved, and weak coordination among related institutions. Therefore, to achieve optimal legal certainty, it is necessary to enhance the professionalism of notaries and strengthen the land administration system. With these measures, it is expected that land rights transfers will proceed more smoothly and provide better legal protection for the public. ty.

This research is motivated by the existence of legal pluralism in marriage regulations in Indonesia before the enactment of Law Number 1 of 1974 concerning Marriage. During that period, marriage provisions were influenced by various legal systems, namely customary law, Islamic law, and colonial laws such as the Burgerlijk Wetboek, whose application was based on population classification. This condition gave rise to various problems, including legal uncertainty, differing standards for marriage validity, and weak protection of the rights of women and children. Based on these problems, this study aims to examine the development of marriage law in Indonesia, both before and after the enactment of the Marriage Law, and to assess the extent to which these regulations have been able to achieve legal unification and certainty within the national legal system. The method used is qualitative-normative research with a literature study approach through analysis of relevant laws and regulations, historical documents, and scientific literature. The results indicate that before 1974, the marriage legal system was complex and unintegrated, necessitating a comprehensive codification. The process of drafting this law was lengthy and marked by ideological debate and religious considerations. However, an agreement was ultimately reached that accommodated both religious values ​​and state interests. Subsequent developments, including amendments through Law Number 16 of 2019, confirm that marriage law in Indonesia is dynamic in responding to demands for justice, human rights, and gender equality.

This study aims to analyze the legal protection of women's inheritance rights from the perspective of Indonesian civil law. The problems studied focused on the position of women as heirs and the extent to which the legal system provides guarantees of justice and equality. The research method used is normative juridical with a legislative and conceptual approach. Data was obtained through a literature study of legal regulations, doctrines, and court decisions relevant to inheritance issues. The results of the study show that normatively, civil law provides equal recognition of women's inheritance rights, especially in the Civil Code. However, in practice, there are still obstacles influenced by patriarchal culture and customary law that tend to place women in subordinate positions. This condition causes women to often experience difficulties in claiming or obtaining the proper share of inheritance. Therefore, it is necessary to strengthen regulations, harmonize national laws with the value of gender equality, and increase public legal awareness to ensure effective and fair protection for women in obtaining their inheritance rights.

Intellectual property (IP) protection in higher education institutions has largely been viewed as an administrative requirement focused on documentation and registration volume. This creates a paradox, as increasing research outputs are not matched by adequate legal protection, innovation downstreaming, and societal utilization of research results. Therefore, a reorientation is needed to position IP protection as a strategic instrument for building a fair innovation ecosystem. This community engagement program was conducted in LLDIKTI Region I institutions through presentations, discussions, and strengthening IP center capacity. Activities focused on mapping IP systems, identifying management challenges, and reinforcing a paradigm oriented toward innovation downstreaming and public benefit. Results show improved participant understanding of shifting IP protection from an administrative to a strategic approach. IP is increasingly recognized as a tool for innovation, technology transfer, and institutional competitiveness. This reorientation emphasizes inventor rights protection, fair benefit distribution, and broader public access to innovation within a sustainable and equitable ecosystem.

Land tenure conflicts between indigenous peoples and the state remain a persistent issue in Indonesia. These conflicts arise due to differences between customary law practiced by indigenous communities and the formal legal system enforced by the state. This study aims to analyze the legal recognition of indigenous land rights within the national agrarian law framework, identify the causes of such conflicts, and formulate equitable solutions for their resolution. This research employs a normative legal method using statutory and conceptual approaches. The findings reveal that although legal recognition of indigenous land rights exists in various regulations, its implementation remains weak. Conflicts are primarily caused by overlapping regulations, economic interests, and the lack of formal recognition of customary territories. Therefore, regulatory harmonization, strengthening legal recognition of indigenous peoples, and the development of participatory and socially just dispute resolution mechanisms are essential. In conclusion, the protection of indigenous land rights can be optimized within the national agrarian legal framework through comprehensive legal reform and inclusive governance.

This study examines the phenomenon of victim blaming as a form of secondary victimization within the perspective of victimology in Indonesia. Victim blaming remains a significant issue where victims of crime, particularly in cases of violence, are often blamed for the incidents they experience. This condition not only exacerbates the psychological and social suffering of victims but also hinders their access to justice. The objective of this research is to analyze how victim blaming occurs and to understand its impact as a form of secondary victimization. This study employs a normative juridical method with a qualitative approach, using literature review from legal documents, journals, and relevant academic sources. The findings indicate that victim blaming is influenced by social stigma, cultural perspectives, and a lack of public awareness regarding victims’ rights. Furthermore, such practices result in secondary victimization, where victims experience repeated harm due to negative societal responses. From a victimological perspective, victim blaming contradicts the principle of victim protection and justice. The implication of this research highlights the need for stronger legal protection, public education, and a more victim-centered approach in addressing crime in Indonesia.

Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS) introduces legal breakthroughs by criminalizing non-physical sexual violence that was previously difficult to address through existing criminal law instruments. However, the implementation of evidentiary procedures for these offenses faces various systemic challenges within the framework of Indonesian Criminal Procedure Law (KUHAP). This study aims to analyze the evidentiary problems of non-physical sexual violence, perpetrator criminal accountability, and structural weaknesses of KUHAP in handling such cases. The research method employed is juridical-normative with statutory, conceptual, and comparative law approaches. The results reveal five main problems: (1) difficulties in proving immaterial acts; (2) insufficiency of conventional evidence; (3) proving perpetrator's mens rea; (4) re-victimization of victims in court proceedings; and (5) inconsistency of judicial interpretation. Criminal accountability of perpetrators is hampered by the absence of specific constructions in KUHAP for psychological and digital-based violence. This study recommends KUHAP reform through expanded recognition of electronic evidence, burden of proof reforms, and strengthened victim protection mechanisms.

This study aims to analyze exegetically and socio-historically the text of Deuteronomy 21:10–14 concerning the treatment of female war captives in ancient Israel. This passage has often been debated as it is perceived to reflect a patriarchal system, thus requiring a comprehensive interpretation to understand its original intent. This research employs a qualitative approach based on library research, utilizing textual exegesis, historical-critical, and literary analysis of the Hebrew text, as well as an examination of the Ancient Near Eastern context. The findings reveal that the legal structure of the text is progressive and regulatory in nature, not legitimizing exploitation but rather restricting male behavior through specific procedures, including a mourning period and a process of social transition for the captive woman. The analysis of Hebrew terminology highlights symbolic meanings related to status transformation, purification, and recognition of the woman's humanity. In its socio-historical context, this law differs significantly from common practices in the Ancient Near East, which often exploited war captives, by imposing limitations on economic and social exploitation and providing a degree of protection. Theologically, the text reflects the function of the Mosaic law as a regulatory framework that introduces justice and humanity within a complex social reality. Therefore, Deuteronomy 21:10–14 is best understood as an ethical effort to limit inhumane practices rather than to endorse them.

Marriage is a very strong contract (mistaqan ghalidan) to obey Allah's commands and carrying it out is an act of worship. The goal is to realize a household life that is sakinah, mawaddah, and rahmah. In the realization of a household with the bonds of marriage there are components that cover it, both in terms of regulations and legal concepts. Basically, a marriage agreement is a form of protection or protection if in the future there are things that are not desired by both parties such as death, divorce or bankruptcy, the legal basis regarding the marriage agreement itself has been regulated in the Compilation of Islamic Law and the Marriage Law Number 1 of 1974 and the Constitutional Court Decision No. 69 / PUU-XII / 2015, After the birth of the Constitutional Court Decision Number 69 / PUU / XII / 2015, the marriage agreement has changed both in terms of the time of creation and the institution that has the authority to ratify the marriage agreement.

This study aims to analyze the legal regulation of joint ventures in Indonesia as a form of Foreign Direct Investment (FDI) implemented through Limited Liability Companies based on Law Number 25 of 2007 concerning Investment, Law Number 40 of 2007 concerning Limited Liability Companies, and the Indonesian Civil Code. The research employs a normative legal method with a library research approach to examine legal provisions and concepts related to cooperation between foreign investors and domestic parties. The findings indicate the existence of structural imbalances between the parties, where foreign investors possess advantages in capital, technology, business experience, and access to information, resulting in asymmetrical bargaining power. This condition may lead to domination in decision-making, information gaps, and potential exploitation of domestic parties. Furthermore, existing legal protection is considered insufficient to fully implement the principle of equitable bargaining. Therefore, this study proposes a normative reconstruction through the application of principles of balance of power, good faith, transparency, and proportionality in joint venture agreements. The study also recommends preventive supervision through mandatory due diligence by the Financial Services Authority and the Investment Coordinating Board, including the standardization of contractual clauses and disclosure obligations, in order to create fair, sustainable joint venture relationships that protect national interests.

Polygamy remains a controversial issue in Indonesia, involving legal, religious, and social dimensions. This study aims to analyze the social, psychological, and economic impacts of polygamy on wives and children. Using a qualitative library research approach, the study examines primary sources, including Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law, as well as relevant scientific literature and journal articles. The findings indicate that although Indonesian law permits polygamy under strict conditions, such as the wife's consent and the husband's ability to act fairly, these requirements are often difficult to fulfill in practice. Psychologically, wives frequently experience jealousy, emotional stress, depression, and feelings of injustice. Economically, polygamy may lead to the division of family resources, reducing the welfare of wives and children. Children may also experience emotional difficulties due to limited parental attention, conflicts among siblings, and social stigma. These impacts can affect family harmony and child development. Therefore, stronger legal supervision and public education are needed to ensure the protection of women's and children's rights and to minimize the negative consequences of irresponsible polygamous practices.

Freedom of expression is a constitutional right of citizens guaranteed within Indonesia’s constitutional system as part of the principles of the rule of law and democracy. However, in practice, this freedom often faces various forms of restrictions that tend to be repressive, including through the criminalization of expression and the practice of political terror. This article aims to critically examine how political terror is used as an instrument of power that results in restrictions on freedom of expression, as well as to assess its compatibility with the principles of constitutional law. This study employs a normative legal methodology using legislative, conceptual, and case-based approaches. The findings of the study indicate that the criminalization of expression whether through regulations open to multiple interpretations or the actions of law enforcement officials has the potential to create a chilling effect that hinders public participation in the democratic sphere. In this context, the politics of terror manifests not only in the form of overt repressive actions but also through legal constructs selectively employed to silence criticism of those in power. This situation highlights a tension between constitutional guarantees and prevailing state practices. Therefore, efforts are needed to reconstruct legal policies that ensure more substantial protection of freedom of expression, as well as to strengthen oversight mechanisms regarding the exercise of state authority so that they align with the principles of constitutional democracy and respect for human rights.

The rapid development of Artificial Intelligence (AI) has brought significant changes to the criminal justice system, particularly in criminal investigations and evidentiary processes, while simultaneously raising complex legal and ethical challenges. Objective: This study aims to analyze the legal implications of the use of AI in criminal investigations, focusing on its benefits, risks, and challenges related to the admissibility of AI-based evidence, as well as the need for regulatory frameworks that ensure fairness, transparency, and accountability. Methods: This research employs a normative qualitative approach through the analysis of legal regulations, a review of legal and technological literature, and a comparative approach across jurisdictions, complemented by case studies of AI applications in law enforcement practices. Results: The findings indicate that AI enhances investigative efficiency through data analysis, crime prediction, and digital forensics; however, it also poses risks such as algorithmic bias, human rights violations, and issues concerning the reliability and transparency of evidence. Furthermore, differences across legal systems result in the absence of uniform standards for the admissibility of AI-based evidence. Therefore, adaptive regulatory frameworks grounded in the principles of fairness, transparency, and accountability are required, along with strengthened human oversight to ensure that the use of AI aligns with the principles of justice and human rights protection.

The trademark dispute between PT GoTo Gojek Tokopedia Tbk and PT Terbit Financial Technology has become a significant issue in the field of intellectual property law in Indonesia. This conflict arose because PT GoTo used the trademark name “GOTO,” which had already been officially registered earlier by PT Terbit. This study aims to examine the legal protection granted to registered trademark owners under Law Number 20 of 2016 concerning Trademarks and Geographical Indications, as well as to analyze the application of the first to file principle in resolving the dispute. This research employs a normative juridical approach by reviewing relevant legislation and conducting a case analysis based on the Decision of the Central Jakarta Commercial Court Number 71/Pdt.Sus-HKI/Merek/2022/PN Niaga Jkt.Pst. The findings indicate that Indonesia prioritizes the first to file system in determining trademark ownership, meaning that exclusive rights are granted to the party who registers the trademark first. The court decision in favor of PT Terbit confirms that formal registration serves as the primary legal basis for trademark protection. Therefore, this study highlights the importance of conducting trademark verification prior to public use and emphasizes the need to strengthen legal awareness among business actors to prevent similar disputes in the future.

Green transportation policy has increasingly been regarded as a cornerstone of urban mobility reform worldwide, yet its explicit orientation toward cyclist safety remains insufficiently developed. This paper examines how sustainable transportation management policies can be normatively designed to advance cyclist safety as a primary policy objective, not a secondary concern. Drawing on a qualitative literature review, the study explores the structural relationship between green transportation frameworks and the protection of cyclists within urban road systems. The discussion covers key policy dimensions including physical infrastructure standards, speed regulation, legal frameworks, public education, technological support systems, and inter-agency coordination. The study argues that a coherent policy architecture is essential for ensuring that the promotion of cycling as a low-emission mode is accompanied by robust safety provisions. Without this coherence, green transportation policy risks generating a structural contradiction between its environmental aspirations and its duty of care toward vulnerable road users. The findings affirm that cyclist safety and environmental sustainability are mutually reinforcing values that must be embedded together within any credible urban transportation governance framework.

The increase in national divorce rates based on data from the Central Statistics Agency in 2024, which reached 394,608 cases and rose to 438,168 cases in 2025, indicates that family conflicts remain a legal and social issue affecting family resilience, child protection, and social stability in society. In the Indonesian legal system, divorce is fundamentally placed as a last resort (ultimum remedium) after reconciliation thru mediation, as regulated in Law Number 1 of 1974 on Marriage, as amended by Law Number 16 of 2019, Supreme Court Regulation Number 1 of 2016 on Mediation Procedures in Court, and provisions in Law Number 18 of 2003 on Advocates. However, studies on the optimization of the preventive role of advocates in divorce mediation are still relatively limited, even tho advocates hold a strategic position as independent law enforcers within the judicial system. This research aims to analyze the legal position of lawyers in divorce mediation and to formulate the optimization of the lawyer's role in preventing avoidable divorces. The research uses a normative juridical method with legislative, conceptual, case, and comparative approaches thru the analysis of various related regulations, legal doctrines, and scientific literature. The research results show that lawyers not only function as legal representatives in litigation processes but also have a preventive role as legal advisors, negotiators, and facilitators of peaceful family dispute resolution. The optimization of these roles can be achieved thru the provision of objective legal advice, early identification of the root causes of family conflicts, facilitation of communication between parties, and collaboration with mediators and family counselors in the mediation process.

Law Number 11 of 2012 emphasizes restorative justice, diversion, and the protection and fulfillment of children’s rights within the juvenile justice system. In addition, Law Number 22 of 2022 highlights the importance of guidance and assistance aimed at supporting the social reintegration of children in conflict with the law. However, the implementation of these legal provisions at the Class I Correctional Center (Bapas) in Banda Aceh has not been fully effective due to several challenges, including the limited number of officers, inadequate initial assistance, and constraints in reporting and inter-institutional coordination. This study aims to analyze the implementation of assistance provided to juvenile correctional clients at Bapas Class I Banda Aceh and identify factors affecting its effectiveness. The research employs an empirical juridical method with descriptive qualitative analysis based on interviews, documentation, and legal literature. The findings reveal that assistance has been provided throughout all judicial stages, including pre-adjudication, adjudication, and post-adjudication processes. These activities involve community research, assistance during diversion and court proceedings, and post-verdict guidance. Nevertheless, implementation remains suboptimal due to internal factors such as limited Community Advisors and heavy workloads, as well as external factors including insufficient family support, limited community acceptance, and weak coordination between institutions. These issues affect the effectiveness of assistance and hinder children’s successful social reintegration.

The development of generative artificial intelligence has given rise to a new form of digital-based sexual violence through the spread of sexual deepfakes, non-consensual synthetic sexual representations that can attack the dignity, privacy, sexual autonomy, and sense of security of victims. This threat becomes even more serious when targeting students and educators because it not only harms individuals but also disrupts the integrity and security of educational spaces. This study aims to analyze the construction of Indonesian criminal law in ensnaring the spread of sexual deepfakes in educational environments, identify weaknesses in its regulations, and formulate a more ideal reconstruction of criminal liability. The method used is normative legal research with a qualitative descriptive approach, through a literature review of laws and regulations, scientific literature, and relevant documents related to deepfakes, electronic-based sexual violence, and legal protection in educational environments. The results of the discussion indicate that Indonesian positive laws, such as the ITE Law, the TPKS Law, the Pornography Law, the Personal Data Protection Law, and educational regulations, have essentially provided a normative basis for prosecuting such acts, but they are still partial, fragmented, and do not explicitly regulate sexual deepfakes as a separate crime. Therefore, a reconstruction of criminal liability is needed that explicitly recognizes non-consensual synthetic sexual representation as a crime, expands the forms of punishable acts, provides for greater severity in the context of educational relations, and comprehensively integrates criminal penalties with victim protection and recovery. Keywords: sexual deepfakes, criminal liability, students, educators, digital-based sexual violence.