Publication Search

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is qualitative-normative research with a literature study approach through analysis of relevant laws and regulations, historical documents, and scientific literature.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 examines legal protection for victims of criminal offenses from a victimological perspective, emphasizing the position, rights, and needs of victims within the criminal justice system. Victimology, as a scientific discipline, highlights that victims are not merely objects of crime but subjects who are entitled to protection, restoration, and justice. This research employs a normative juridical method supported by a conceptual and statutory approach to analyze existing legal frameworks governing victim protection. The findings indicate that although legal instruments have provided various forms of protection such as restitution, compensation, and psychological assistance their implementation remains suboptimal due to institutional limitations, lack of awareness, and procedural constraints. From a victimological standpoint, effective protection requires a balanced approach between offender accountability and victim recovery, including recognition of victims' rights, access to justice, and comprehensive rehabilitation. Therefore, strengthening regulations, improving institutional coordination, and adopting a more victim oriented justice system are essential to ensure optimal legal protection for victims of criminal acts.

The practice of adulterating RON 92 (Pertamax) fuel has the potential to violate consumer rights and is contrary to applicable laws and regulations. The practice of mixing lower-quality fuel and then marketing it as RON 92 results in material and immaterial losses for users, including reduced vehicle performance and a loss of trust in business operators. This research aims to analyze the legal protections available to consumers regarding the practice of adulterating fuel based on Law Number 8 of 1999 concerning Consumer Protection and related provisions in Law Number 22 of 2001 concerning Oil and Gas. The research method used is normative legal research with a library research approach, through analysis of relevant laws and regulations, scientific literature, and secondary legal sources. The results indicate that the practice of adulterating fuel violates consumers' rights to comfort, security, safety, and accurate information as stipulated in Article 4 of the Consumer Protection Law, and violates the obligations of business actors as stipulated in Articles 7 and 8 of the Consumer Protection Law. Business actors can be held accountable for civil damages, dispute resolution through the Consumer Dispute Resolution Agency (BPSK), or subject to administrative and criminal sanctions in accordance with the Oil and Gas Law. Therefore, legal protection for consumers in cases of fuel adulteration requires an interconnectedness between effective government oversight, firm law enforcement, business actor accountability, and increased consumer legal awareness to ensure legal certainty and fairness in trade activities.

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 through certificates as valid proof of rights had been recognized, yet in practice damaged certificates still caused administrative obstacles at the BPN of Tabanan Regency. The objective of this research was to analyze the mechanism of replacing damaged Certificates of Ownership and to identify the inhibiting factors in the process. This research used an empirical legal method (socio-legal research) with statutory, conceptual, and factual approaches. Data were collected through interviews with officials at the Tabanan Land Office and literature studies from legal documents and academic sources. The findings showed that the replacement mechanism started with application submission, data matching with the land book, a 30-day public announcement period, field verification including re-measurement if physical data could not be read, and issuance of a replacement certificate directed toward an electronic system. The study also found that the main inhibiting factors included administrative constraints, incomplete documents, unclear legal subjects, potential land disputes, low public understanding, and limited digitalization. These findings indicated that although the mechanism had been regulated, its implementation still faced obstacles affecting legal certainty and service effectiveness. This research implied the need to improve services, legal awareness, and digital transformation.

Marriage in Islamic law constitutes a sacred covenant (mīthāqan ghalīẓan) that carries theological, social, and juridical dimensions. Within this framework, the guardian (walī nikāḥ) plays a pivotal role whose legal status has long been contested across Islamic jurisprudential schools. This study examines the authority of the marriage guardian from three analytical layers: its doctrinal construction across the four major madhabs, its codification in Indonesian positive law, and its practical implementation in religious court jurisprudence. Employing a normative legal research method, this study draws on conceptual, statutory, and case approaches, with primary legal materials comprising Qur’anic verses, prophetic traditions, Law No. 1 of 1974, the Compilation of Islamic Law (KHI), and Ministerial Regulation (PMA) No. 30 of 2024. The findings reveal fundamental differences among the madhabs: the Shāfi‘ī, Mālikī, and Ḥanbalī schools treat the guardian as an essential pillar (rukun) of the marriage contract, whereas the Ḥanafī school views guardianship as a complementary element based on the concept of legal capacity (ahliyyah). Indonesian positive law, through Article 19 of the KHI, adopts the Shāfi‘ī position by designating the guardian as an obligatory rukun. The study further finds that the mechanisms of walī ‘aḍal (recalcitrant guardian) and wakalah al-walī (delegation of guardianship) serve as legal instruments that reconcile formal-procedural requirements with practical social needs, thereby affirming that guardianship norms function both as a religious requirement and as a state-administered mechanism for protecting women’s rights in marriage.

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.

This study examines the effectiveness of legal protection for victims of cyberbullying in Indonesia from a victimological perspective. The rapid development of information technology and social media has led to an increase in cyberbullying cases, which significantly impact victims psychologically, socially, and emotionally. However, existing legal protections are often considered inadequate in addressing the needs of victims. This research aims to analyze the existing legal framework, evaluate its effectiveness, and assess the position of victims within the criminal justice system. The method used is normative legal research with statutory, conceptual, and victimological approaches, relying on secondary data from relevant legal literature and scientific journals. The findings indicate that although regulations such as the Electronic Information and Transactions Law (ITE Law) provide a legal basis, their implementation remains ineffective due to weak law enforcement, lack of victim-oriented approaches, and limited awareness of victims’ rights. Therefore, strengthening victim protection through a victimological approach, legal reform, and the application of restorative justice is necessary to ensure justice and recovery for victims.           

Civic Education holds a strategic position within the national education system as the primary instrument for shaping the personality of citizens in alignment with the values of Pancasila. This research is motivated by the phenomenon of moral degradation and the fading spirit of nationalism among the younger generation due to the unfiltered influence of globalization. The primary objective of this study is to analyze the extent of Civic Education's role in the school environment in transforming student character to possess noble morals, broad national insight, and a deep love for the motherland. The research method employed is a literature study with a qualitative approach, where data were collected through the analysis of various curriculum documents, scientific journals, and textbooks relevant to the implementation of the independent curriculum. Research findings indicate that Civic Education is not merely a theoretical transfer of civic knowledge but rather an effective process of value internalization through behavioral habituation within the school environment. The integration of teaching materials with practical applications in school life is proven to increase students' awareness of their rights and obligations as citizens. The analysis also reveals that strengthening moral character and national insight highly depends on teacher creativity in delivering interactive learning that is relevant to the students' social reality. The implications of this research emphasize the importance of revitalizing Civic Education teaching methods to be more adaptive to modern developments without losing national identity. Schools are expected to serve as laboratories of democracy and centers for sowing patriotic values to produce a golden generation that is not only intellectually competent but also possesses strong moral integrity to maintain the integrity of the Republic of Indonesia.

The development of Pantai Indah Kapuk 2 (PIK 2) presents serious issues, including eviction, the loss of traditional livelihoods, and the marginalization of local communities within a modernization agenda that disregards social justice and sustainability. This research questions the extent to which the dominant modernization bias influences the socio-economic conditions of the surrounding community, as well as how public participation practices are implemented in the planning and execution of the project. The PIK 2 project has led to social inequality, the deprivation of rights, and environmental degradation, illustrating a pattern of systemic exploitation of coastal communities through the economic and political power of development elites. The dominant development theory framework proposed by Melkote and Steeves is used to examine modernization bias, supplemented by Islamic concepts such as mustadh’afin and ghasab to strengthen the social justice perspective. In this study, the author employs a qualitative case study approach, utilizing in-depth interviews, field observations, and documentation involving affected residents, community leaders, and policymakers. The results of the analysis indicate very low levels of public participation, instances of intimidation during land acquisition, and a significant loss of access to employment and basic facilities for the community. The conclusion of this research emphasizes the need for policy reform to ensure that development is more transparent, participatory, and equitable, in order to protect the rights of local communities from dominant and exploitative development patterns.

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.

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.

This research aims to analyze the effectiveness of the implementation of the staple food assistance program in Tapadaka Satu Village, Dumoga Tenggara Sub-district, Bolaang Mongondow Regency, Sulawesi Utara Province. The main sub-focus of this research includes five aspects of effectiveness measurement proposed by Sutrisno (2018), namely: (1) program understanding, (2) target accuracy, (3) timeliness, (4) achievement of objectives, and (5) real change. This research employs a qualitative, descriptive research approach. Data collection techniques include interviews, observation, and documentation. The results indicate that the implementation of the staple food assistance program in Tapadaka Satu Village has not been fully effective. In terms of program understanding, socialization has been conducted by the Social Affairs Office and village government, but some beneficiary families still do not fully understand the program’s mechanisms, rights, and obligations. In target accuracy, discrepancies in beneficiary data persist due to changing socio-economic conditions and the suboptimal updating of DTSEN data. In timeliness, assistance distribution generally follows the mechanism, but delays in fund disbursement still occur. In achieving objectives, the program helps reduce beneficiary families’ food expenditure burden, although delays affect results. Lastly, real change remains limited, short-term, and has not significantly improved community welfare.

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.

Women's involvement in election supervision remains relatively low, despite the significant number of female voters in many regions. This condition indicates a gap between women's electoral participation as voters and their active role in ensuring fair and transparent elections. Therefore, this community service activity aims to increase women's understanding and participation in election supervision through community-based outreach and education programs. The methods used include structured outreach sessions, interactive discussions, question-and-answer forums, and the provision of educational materials related to participatory supervision and the importance of democratic accountability. This activity was carried out in East Lombok Regency with the active involvement of various women's organizations and local community groups. The results showed a noticeable increase in participants' understanding of the importance of election supervision, including their awareness of rights and responsibilities as citizens. In addition, there was a growing commitment among participants to be actively involved in supervision efforts, both individually and collectively. This program is expected to encourage more inclusive, participatory, and equitable election supervision, while also strengthening women's roles in supporting democratic processes at the local level.

The Indonesian government in supporting Intellectual Property actors has issued Government Regulation Number 24 of 2022 concerning the Implementation of Law Number 24 of 2019 concerning the Creative Economy As a maximum effort in implementing Government Regulation No. 24 of 2022 concerning the creative economy in helping to strengthen national and international economic development, but the regulation only regulates generally regarding Intellectual property, furthermore it is deemed necessary to have more specific regulations specifically regarding asset quality ratings as collateral which is expected to be not only for financing institutions but can help Intellectual Property assessment institutions, considering that Intellectual Property is an intangible object that makes banks as creditors hesitate to accept Intellectual Property as collateral in financing. The basic reason Intellectual Property Rights can be used as fiduciary collateral because it is included in the law of immaterial objects where one of the characteristics of objects that can be used as debt collateral is objects that have economic value, copyright is also attached to exclusive rights, namely the attachment of these rights to the creator or holder of the copyright he created.  

This study analyzes the politics of spatial planning in the land-use conversion of the Bowosie Forest in Labuan Bajo as part of the National Strategic Project (PSN) for tourism development. The transformation of the forest into an economic tourism zone demonstrates that spatial planning is not neutral, but rather an arena of power relations among the state, investors, and local communities. Through regulatory instruments such as revisions of the Regional Spatial Plan (RTRW), ministerial decrees on forest release, and the granting of Management Rights (HPL) to BPOLBF, the state has facilitated tourism investment and the commodification of space. Using a qualitative approach and David Harvey’s theory of Accumulation by Dispossession, the study finds that these policies have produced three forms of exclusion: spatial exclusion (loss of access to land and water sources), political exclusion (limited community participation in decision-making), and economic exclusion (development benefits concentrated among investors). The village government occupies a structurally limited position due to the top-down nature of the policy framework. The study concludes that the conversion of the Bowosie Forest reflects a process of capital accumulation legalized through state regulation, highlighting the need for more inclusive and socially just spatial planning.

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.

Article 210 of the Compilation of Islamic Law (KHI) limits gifts to a maximum of one-third of the donor’s assets as a form of protection for the rights of heirs and to uphold social justice. However, in practice, land gift deeds drawn up by PPATs/PPATSs are still found to exceed this limit, thereby giving rise to controversy and legal disputes in the form of lawsuits seeking the annulment of such deeds in court. This phenomenon indicates a disconnect between legal principles and practical implementation, leading to legal uncertainty. This study aims to analyze the legal status of land gift deeds that exceed the maximum limit, legal protection for bona fide donees, and the responsibility of PPATs in their drafting. The research method employed is a normative legal approach using legislative, conceptual, and case-based analyses, along with primary, secondary, and tertiary legal sources analyzed qualitatively. The results indicate that a land grant deed exceeding the maximum limit retains limited legal validity, specifically only for the portions compliant with the provisions of the KHI. Legal protection for the grantee can be guaranteed if there is consent from all heirs. Furthermore, the PPAT bears civil, criminal, administrative, and ethical responsibilities regarding the deed drafted. Therefore, strengthening regulations, enhancing public legal literacy, and ensuring the PPAT’s due diligence are necessary to guarantee legal certainty and reduce disputes.

This study aims to examine the normative construction and practical implementation of criminal sanctions against narcotics abusers from the perspectives of Islamic criminal law and Indonesian positive law, as well as to formulate an integrative policy model that is more just, humane, and context-sensitive in Bungo Regency. Narcotics abuse constitutes a multidimensional problem involving legal, social, moral, and public health dimensions. Therefore, a comprehensive approach is required to integrate the normative values of Islamic criminal law with the national legal system. This research employs a normative-empirical approach using comparative legal analysis, examining statutory regulations, doctrines of Islamic criminal law, and law enforcement practices at the local level. The findings indicate that Islamic criminal law frames narcotics abuse within the protection of maqāṣid al-sharī‘ah, particularly the preservation of intellect (ḥifẓ al-‘aql) and life (ḥifẓ al-nafs), thereby emphasizing not only punitive but also educational and rehabilitative orientations through the instrument of ta‘zīr. Meanwhile, Indonesian positive law, particularly Law No. 35 of 2009 on Narcotics, provides legal space for rehabilitation; however, its implementation still encounters structural and cultural challenges. This study concludes that integrating Islamic criminal law principles with the national legal framework may produce a more responsive sentencing model that upholds substantive justice, human rights protection, and effective narcotics control. Policy reformulation grounded in religious values, restorative approaches, and social rehabilitation is recommended as a strategic direction for national criminal law reform.