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Syarifatul Fadhilah; Amanda Fathona Fadhila; Universitas Bengkulu; Ema Septaria; M. Ilham Adepio

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines North Korea's violation of the principle of good faith under the Nuclear Non-Proliferation Treaty (NPT) and its legal consequences. The main issue addressed in this study is North Korea’s breach of the good faith principle within the framework of the NPT, which raises legal implications regarding its status and obligations as a party to the treaty. Although North Korea was formally bound by the NPT, it secretly developed a nuclear weapons program, demonstrating non-compliance with the fundamental principle of international treaty implementation. This issue was further exacerbated by its refusal to allow inspections by the International Atomic Energy Agency (IAEA) and its unilateral withdrawal from the NPT, which has sparked debate over the legitimacy and legality of such action.Using a normative juridical approach, this study analyzes North Korea’s clandestine development of nuclear weapons while still a member of the NPT, as well as the validity of its withdrawal from the treaty. The findings show that North Korea violated the principle of good faith through its secret nuclear program, refusal of IAEA inspections, and withdrawal that did not meet the requirements of Article X of the NPT. The withdrawal may be deemed invalid as it was conducted in bad faith and without fulfilling the treaty's formal provisions. The legal consequences include the continued applicability of obligations under the NPT and state responsibility for breaches of international law. Ideal forms of accountability include the cessation of the nuclear program, payment of reparations, guarantees of non-repetition, and renewed compliance with NPT provisions through verifiable denuclearization.

Ketut Ratri Wahyuningsih

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

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.

Faqihisyam Irfandy; Ferly Amlizyan; Rusmilawati Windari

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

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.

Ari Maulana Yudha Pratama; Isharyanto Isharyanto; Achmad Achmad

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

This study aims to analyze the state's authority in organizing electronic systems related to freedom of expression in the digital world. The development of technology that gives rise to a dilemma between the needs or activities of society and regulations to protect public interests and individual human rights, especially freedom of expression, makes it necessary to have regulations that accommodate both of these things. Through a prescriptive normative legal research method with a statutory approach, through an analysis of laws and regulations, legal literature, and international human rights instruments, this study examines the state's authority in regulating the implementation of electronic systems that are pro-freedom of expression. The results of the study indicate that the state has the authority to regulate the implementation of electronic systems to determine and enforce restrictions on a person's human rights, which in this case is shown through the ability to terminate access to content. However, the implementation of the provisions that have been in effect has the potential to violate the right to freedom of expression because of the possibility of restrictions on rights that do not meet the principles of legality, legitimate purposes, and proportionality as regulated by laws and regulations, especially the constitution and international human rights standards.

Nur Sri Maryam DM

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The policy proposal by the West Java Provincial Government to introduce mandatory military training for problematic students has sparked public debate concerning its legality, effectiveness, and the state’s approach to addressing juvenile delinquency. This paper analyzes the policy from a legal perspective, particularly in relation to human rights law and the principles embedded in the national education system. Using a normative juridical method with a conceptual and statutory approach, the study finds that the policy potentially violates children's rights, as well as the principles of non-discrimination and fairness in education. Moreover, the coercive approach through military training is deemed incompatible with the spirit of character development, which should be humanistic and participatory. The paper recommends that interventions for problematic students should focus on value-based education, counseling, and empowerment, rather than militarization. Public policy should ensure the protection of children's rights while upholding the principles of proportionality and appropriateness in disciplinary measures.    

Muhammad S.Gani; Roy Marthen Moonti; Marten Bunga; Muslim A. Kasim

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

This research aims to analyse the authority of the Police Mobile Brigade Corps (Brimob) in handling mass riots and examine the implementation of criminal law in evaluating the actions taken during the operation. This research departs from the importance of ensuring that every action of law enforcement officials, especially Brimob, remains within the corridors of Indonesian positive law and is oriented towards the principles of human rights. The results show that the Brimob Corps has the legal authority under Law No. 2 of 2002 on the National Police of the Republic of Indonesia to deal with high-level situations, including mass riots. In carrying out its duties, Brimob is authorised to use coercive measures, but must still pay attention to the principles of necessity, proportionality, legality, and accountability. The implementation of criminal law is an important instrument in evaluating Brimob's actions, by assessing whether the use of force meets the elements of legal justification such as forced defence or official orders, in accordance with the Criminal Code and human rights principles. It is suggested that there is a need to improve legal training for Brimob members on the limits of the use of force and the implementation of criminal law principles in emergency situations. In addition, it is necessary to strengthen internal and external evaluation mechanisms, including cooperation with independent institutions such as Komnas HAM, to maintain transparency and accountability. Thus, the rule of law and the protection of human rights can be better upheld in every operation to handle mass riots by Brimob officers.

Diana R.W. Napitupulu

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

This paper analyzes the legal disharmony between the Indonesian Standard Industrial Classification (KBLI) Code 92000, which classifies gambling as a business activity, and Article 303 of the Indonesian Penal Code (KUHP), which criminalizes gambling. Using a normative legal research method supported by theoretical foundations from legal certainty, legal harmonization, and sociological jurisprudence, the paper explores the philosophical, sociological, and juridical ratio legis behind this classification. The research concludes that the classification under KBLI is administrative and does not legitimize gambling activities. The paper suggests harmonization mechanisms to resolve legal contradictions and ensure regulatory coherence.  Address the normative conflict and avoid further interpretive ambiguities, this paper proposes a series of harmonization mechanisms. First, there should be a revision or annotation of KBLI Code 92000 to clarify that its inclusion of gambling is not a recognition of its legality under Indonesian law. Second, greater inter-agency coordination is necessary, especially between the institutions responsible for economic classifications and those enforcing criminal law. Third, legislative synchronization efforts must be enhanced through the establishment of an integrated legal drafting mechanism to ensure that new or revised regulations do not conflict with existing criminal statutes.

Noor Izzati Amelia; Nur Najwa; Noor Halimah; Nor Harika

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Waqf is a significant instrument in Islamic teachings that functions not only as a form of worship but also plays a strategic role in enhancing the social and economic welfare of society. However, in practice, waqf often faces various legal challenges, such as the validity of the waqf declaration, the appointment of nazhir (waqf managers), and conflicts between heirs and beneficiaries. This study aims to provide a comprehensive understanding of the strategic position of waqf, analyze the root causes of legal issues that arise in its management, and evaluate the role of the Religious Courts in resolving waqf disputes fairly. The research method used is normative juridical, with a literature review approach focusing on Law Number 41 of 2004 concerning Waqf and various relevant legal sources. The findings reveal that waqf disputes commonly involve issues of legality, asset exchange or sale, and the annulment of waqf declarations. The study also identifies disparities in judicial decisions, influenced by differences in the judges’ educational backgrounds and legal approaches. Therefore, there is a need to strengthen national jurisprudence as a reference in waqf-related cases, provide training for nazhir to enhance professionalism, improve the capacity of judges in Religious Courts, and promote legal education among the public. These efforts are expected to create a more just, consistent, and effective dispute resolution system, thereby supporting the productive and sustainable management of waqf assets.

Amira Atsil Abigael Wegni; Novi Wulan Suci; Tabina Belinda Putri; Astri Maharani; Ayesta Intania +1 more

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

This research discusses the implications of Autocratic Legalism Practices for Democracy, Legality and Justice in Law no. 17 of 2023 concerning Health. This research aims to analyze whether the practice of autocratic legalism in Indonesia will have a direct impact on weakening the democratic system adopted by Indonesia. Autocratic legalism describes a person who has power at the legislative, executive and judicial levels by using hidden methods and hiding behind the law to take advantage of people's sovereignty and abandon the principles of constitutionalism, so the problem formulation of this analysis is how the practice of autocratic legalism has an impact on weakening democracy. and how the characteristics of autocratic legalism can impact the validity and fairness of legislative regulations. The benefit of the results of this analysis of autocratic legalism is to find out to what extent the practice of autocratic legalism in Indonesia threatens the principles of constitutionalism and has the potential to develop and spread widely in society and of course will have a negative impact on the democratic system and the validity and fairness of laws and regulations. This legal research uses normative juridical methods, namely based on the main legal materials in the form of theories, concepts, principles and statutory regulations related to the writing of this journal.

Samuel Samuel; Desalva Ersanda Mardeiva; Muhamad Rijal; Nurul Fadillah; Irfan Ahmad Maulana

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

Sexual Violence against children is a serious problem that requires in-depth attention in the context of legal protection of victim. In the case of Herry Wirawan, involving 13 (thirteen) victims of sexual assault in Bandung, has raised controversy over the reimbursement charged to the state. In it’s ruling, the chamber of Judges of PN Bandung sentenced Herry Wirawan to life sentence and ordered the payment of restitution to the victims. However, there are questions about the legality of the payment of restitution, especially since the perpetrators have been sentenced to life imprisonment, which is incompatible with Article 67 2023 of the Covenant. This study uses a normative approach to analyze this problem, focusing one the case of Herry Wirawan. The result showed a gap between the legal process and the victim’s need to obtain adequate compensation for the suffering they suffered. In addition, there are problems related to the minimality of the claim for restitution made by the victim and the implementation of restitution that is not always smooth. Implementation of restitution in legal practice still faces a minimum victim awareness and understanding of their rights as well as the perpetrator’s ability to pay restitution. The study highlights the need to raise victim awareness, improve law enforcement mechanism, and provide adequate support service. In addition, recommendations for improvement of relevant policy or legal practice are also identified. It is hoped that this research can contribute to understanding the complexity of the restitution process in cases of sexual violence in Indonesia and provide a basis for improving legal protection for victims.

Nurnaningsih Nurnaningsih; I Made Pria Dharsana

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

Delegating power in land transactions plays a crucial role in ensuring legal certainty and protection in Indonesia. This study examines the legal implications of granting power of attorney in land sales, focusing on the prohibition of absolute power as regulated under the Instruction of the Minister of Home Affairs No. 14 of 1982 and Government Regulation No. 24 of 1997. The research identifies issues arising from the misuse of power of attorney, which is often used to disguise unlawful land ownership transfers. Using a normative legal research method, this study analyzes legislative provisions, judicial interpretations, and case law to evaluate the legality of power of attorney in land transactions. The findings reveal that despite legal prohibitions, loopholes allow misuse, creating risks of legal uncertainty. The study concludes that stricter enforcement and regulatory refinements are needed to prevent such misuse and enhance legal protection for all parties involved.

Muhammad Muhammad; Bahrul Amiq; M. Yustino Aribawa

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research is based on the ambiguity of street naming norms in statutory regulations, this causes the legality of street naming in the Mojokerto city government area to be questioned.Based on this description, the author formulates the problem formulation as follows: (1) What is the authority of the Mojokerto City Government in naming roads? (2) What is the legality of naming roads belonging to the Mojokerto city government?.This research uses a normative juridical research type with a statutory approach, a historical approach and a conceptual approach using primary legal materials and secondary legal materials.The research results from this thesis show that the Mojokerto City Government does not have direct authority to name roads in its area. There is a lack of normative legal regulations in regulating transitional conditions in the naming of landforms, especially roads. The legality of naming roads belonging to the Mojokerto city government can be questioned due to the absence of statutory norms that order local governments to form legal products related to street naming.

Siti Fatimah; Retno Eko Mardani; Aisyah Rukmi Widowati; Azahery Insan Kamil; Aziz Widhi Nurgoho

Nusantara Mengabdi Kepada Negeri 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

After the issuance of Law Number 11 of 2020 concerning Job Creation, there are several important clusters that need to be considered, one of which is the ease of doing business which is closely related to government administration. Therefore, a system was created by the government to facilitate and legalize business actors in running their businesses in the form of a Business Identification Number (NIB). Because this NIB is a new system and is likely not widely understood by business actors, including MSMEs, it is necessary to socialize it and then provide assistance. Assistance in applying for NIB through the Online Single Submission-Risk Based Approach (OSS-RBA) System by MSMEs is an important step in managing the legality of their businesses. NIB is an identity for business actors that provides access to various facilities and legal protection. The OSS-RBA system is designed to facilitate the licensing process with a risk-based approach, where types of businesses are classified based on their risk levels. The method used in community service under this title is in the form of Socialization/Counseling and Assistance for MSMEs in submitting NIB to the OSS-RBA system. Socialization or counseling is carried out in the form of lectures and Q&A discussions so as to provide a comprehensive understanding. This assistance is carried out by academics/lecturers of the Law Study Program, Veteran Bangun Nusantara University, Sukoharjo Together with the Sukoharjo regional government, in this case represented by the Sukoharjo PMD Chamber of Commerce to ensure that MSME actors understand the procedures that must be followed and can submit NIB correctly. The assistance process includes socialization, consultation and assistance in filling in data in the OSS-RBA system. The goal is to increase the number of registered and legal MSMEs in Indonesia, so that they can access various government programs and get better legal protection.

Ibnu Charis Rachmanda; Hariani Wahyu Ningtyas; Nesa Oktavia Toligaga; Eka Salsabila Mardiani Putri; Saskia Maulina +7 more

Jurnal Pelayanan dan Pengabdian Masyarakat Indonesia (JPPMI) 2025 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

The Community Service Program (KKN) in Sukosari Village, Jumantono District, Karanganyar Regency, which will be implemented in August 2024, aims to overcome the problem of community service by focusing on preventing stunting and empowering MSMEs. The main problems identified include the high rate of stunting among children and limited knowledge and support for local MSME actors. The main aim of this activity is to increase public awareness regarding the importance of nutritious nutritional intake to prevent stunting, strengthen the branding of MSME products, and ensure that these products meet legality standards through the creation of a Business Identification Number (NIB) and halal certification. The method applied includes several strategic steps, namely making complementary food products in the form of spinach nuggets and fruit salad which are aimed at meeting children's nutritional needs and reducing the risk of stunting. In addition, information signs on stunting prevention were installed in strategic locations such as posyandu and village halls to increase public awareness. To support MSMEs, the KKN team also designs label and banner designs aimed at increasing the attractiveness and professionalism of products, as well as providing assistance in creating NIBs and halal certification so that MSME products can meet regulatory standards. The results of this activity show an increase in public knowledge regarding the importance of nutritious food and preventing stunting, as well as an increase in the ability of MSMEs to manage and market their products. MSME players benefit from new designs that increase the attractiveness of their products, as well as legality that expands market access. Qualitatively, this activity involved the active participation of 40 women in socialization and 15 MSME actors in the design and certification process, with full support from village officials and related agencies, which ensured the success and sustainability of the program.

Muhammad Agustian Sakha; Hironimus Steven Permana; Faiz Nawawi; Galang Adipura; Dwi Puji Haryanto +5 more

Publikasi Hasil Pengabdian dan Kegiatan Masyarakat 2025 Asosiasi Periset Bahasa Sastra Indonesia

The community service program conducted by the KKN II Team of Ngadirejo Village aims to overcome marketing problems in businesses through digital marketing socialization and strengthening MSMEs in Dawungan and Dadapan Hamlets, Ngadirejo Village. This activity includes two main methods, namely digital marketing socialization to help MSME players expand market reach and increase competitiveness through digital platforms, as well as assistance in obtaining halal certification and Business Identification Number (NIB) to strengthen business legality. The results of the activities show that this program has a positive impact on increasing the understanding of MSME players in utilizing digital technology and gaining wider access to the market. With halal certification and NIB, MSMEs also get better legal certainty and opportunities to develop in a more competitive business sector.  

Maharani Dara Dinanti; Rois Nafi`udin; Dewi Maryam; Mahadewi Ratuna Hati; Raditya Hendra Mukti +1 more

Jurnal Pengabdian dan Perubahan Sosial 2025 Lembaga Pengembangan Kinerja Dosen

Micro, Small and Medium Enterprises (MSMEs) play an important role in Indonesia's economic growth. However, many MSME players in Sabatan Hamlet, Ringinanom Village, Magelang Regency, do not have business legality, strong branding, and effective digital marketing strategies. This mentoring program aims to assist MSME players in obtaining a Business Identification Number (NIB), improving branding identity, and utilizing Google Maps as a means of business digitization. The methods used include observation, interviews, mentoring, and evaluation of six MSMEs in Sabatan Hamlet. The results of this program show that the assisted MSMEs have successfully obtained business legality in the form of NIB, have a more professional business logo and banner, and are registered on Google Maps, which increases the visibility of their business. The evaluation of this program also showed a positive response from MSME players, who felt the real impact of the assistance in the aspects of legality, branding, and digital marketing. With this program, it is expected that MSMEs in Sabatan Hamlet can develop more rapidly, increase competitiveness, and contribute more to the local economy. Similar programs in the future need to be expanded so that more MSMEs can benefit, with additional training related to digital marketing strategies and business management.

Regar Vina Febrina

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The principle of legality is one of the main principles adopted by criminal law. Indonesia has incorporated the principle of legality into the first article of the Criminal Code, which carries the consequence that the imposition of criminal penalties must first be regulated in written law. The reform of criminal law through the New Criminal Code continues to apply the principle of legality in Article 1 and also adds recognition to the laws existing in society that are generally unwritten. The recognition of unwritten laws in the New Criminal Code does not mean shifting the principle of legality and applying the law arbitrarily, but rather a form of realization of the principle of legality in accordance with the characteristics of Indonesian society. The New Criminal Code has provided limits on the application of unwritten laws existing in society, namely if the Criminal Code does not regulate the punishment and must be in accordance with Pancasila, the 1945 Constitution of the Republic of Indonesia, human rights, and general legal principles recognized by the community of nations.

Muhammad Muhammad; Bahrul Amiq; M. Yustino Aribawa

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This research is based on the ambiguity of street naming norms in statutory regulations, this causes the legality of street naming in the Mojokerto city government area to be questioned. Based on this description, the author formulates the problem formulation as follows: (1) What is the authority of the Mojokerto City Government in naming roads? (2) What is the legality of naming roads belonging to the Mojokerto city government?This research uses a normative juridical research type with a statutory approach, a historical approach and a conceptual approach using primary legal materials and secondary legal materials.The research results from this thesis show that the Mojokerto City Government does not have direct authority to name roads in its area. There is a lack of normative legal regulations in regulating transitional conditions in the naming of landforms, especially roads. The legality of naming roads belonging to the Mojokerto city government can be questioned due to the absence of statutory norms that order local governments to form legal products related to street naming.

Yuli Santri Isma

Studi Administrasi Publik dan ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Tourism development in Aceh Tengah Regency has great potential to become a leading tourist destination, especially with the natural beauty of Danau Laut Tawar and the richness of local culture. The Tourism Office of Aceh Tengah Regency has implemented various strategies, including the empowerment of local communities, infrastructure improvements, and tourism promotion. However, significant challenges remain in the development of this sector, such as the lack of land legality documents, limited supporting facilities, and low creativity in the creative economy products. Based on the research, development focusing on community empowerment through training, improvements in physical and social infrastructure, and strengthening collaboration between the government, private sector, and local communities can enhance tourism appeal and provide positive economic impacts. In the future, community-based and sustainable tourism development will be the key to creating an environmentally friendly and sustainable destination. Through more coordinated strategic efforts, it is expected that the tourism sector in Aceh Tengah can grow rapidly and contribute to regional development.    

Kinata Kinar Andreas Perangin – Angin; Artaji Artaji; Fatmi Utarie Nasution

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study is motivated by the high rate of marriage in Indonesia. Marriage is a sacred activity because through marriage there will be new family relationships and the consequences that arise from the marriage. The validity of a marriage in Indonesia is highly dependent on the provisions of each religion recognized in the Unitary State of the Republic of Indonesia. In Islam, a man can practice polygamy if he has met the existing conditions. Polygamy will have an impact on the validity of a marriage if the existing conditions are not met by the couple. Therefore, the validity of a marriage is very necessary in the system of the state of law.