SciRepID - Scientific Publication Search

Publication Search

50,562 articles from 425 journals · 1,447 citations tracked

Showing 81-100 of 763

Analytics

Rahma Diana; Annisa Nurussa’adah; Desi Melani Salsabila; Putri Adelia Ramadhani; Fitriyani Fitriyani +2 more

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2026 International Forum of Researchers and Lecturers

The development of electronic commerce (e-commerce) in Indonesia has grown rapidly alongside the increased use of digital technology by the public. While offering convenience and efficiency in transactions, e-commerce also presents various legal challenges that may harm consumers, such as unclear product information, personal data breaches, and weak dispute resolution mechanisms. These conditions highlight the importance of consumer legal protection in digital transactions. This study aims to analyze consumer legal protection in e-commerce transactions, focusing on existing challenges and legal remedies based on Law Number 8 of 1999 concerning Consumer Protection and Government Regulation Number 80 of 2019 on Trade Through Electronic Systems. The research employs a qualitative method with a normative juridical approach. Data were collected through literature review of primary legal materials, including laws and regulations, as well as secondary materials such as journals, books, articles, and other relevant sources. The findings indicate that consumer legal protection in Indonesian e-commerce transactions has an adequate legal foundation. Law Number 8 of 1999 serves as the main basis for protecting consumer rights, while Government Regulation Number 80 of 2019 strengthens regulations in response to digital commerce developments. However, implementation remains challenging, particularly regarding supervision and consistent law enforcement. Therefore, stronger government involvement, increased responsibility of e-commerce businesses, and improved consumer awareness are needed to achieve effective and sustainable consumer protection.

Siti Almunawaroh; Lia Safitri; Eka Fanisa; Abhi Praya Ramadan; Asrah Asrah +1 more

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2026 International Forum of Researchers and Lecturers

This research aims to analyze legal protection for consumers related to the use of standard clauses in e-commerce transactions in Indonesia. The rapid growth of the digital economy has encouraged the widespread application of “take-it-or-leave-it” contracts, which often include exoneration clauses that place consumers in a disadvantaged position. This study employs a normative legal research method using a statutory approach to examine the conformity of such clauses with existing consumer protection regulations. The findings reveal that many digital platforms continue to apply standard clauses that unilaterally transfer liability to consumers, which contradicts Article 18 of Law Number 8 of 1999 concerning Consumer Protection. As a result, these clauses are legally invalid and have no binding force. Consumer legal protection is implemented through preventive measures in the form of government supervision of business actors, as well as repressive measures through legal remedies and dispute resolution mechanisms provided by the Consumer Dispute Resolution Agency (BPSK). These mechanisms aim to ensure fairness and balance of interests between business actors and consumers in e-commerce transactions.

Muhammad Rizky; Rini Apriyani; Nur Aripkah

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Article 20 of the Personal Data Protection Law (UU PDP) normatively regulates the protection of data subjects and constitutes a key provision emphasizing the principle of consent as the legal basis for the processing of personal data for commercial purposes. This norm safeguards individual privacy rights, including the validity of explicit consent, the right to withdraw consent, and the responsibility of data controllers. Furthermore, Articles 65–70 of the UU PDP substantively regulate various forms of criminal violations in the context of personal data protection, including the acquisition, disclosure, processing, falsification, and illegal use of personal data, demonstrating the state’s commitment to providing criminal law protection against personal data breaches. This study employs doctrinal legal research with a descriptive-normative approach to address two main issues. First, it aims to examine and identify the legal protection of personal data trading under the UU PDP. Second, it seeks to analyze and identify the legal certainty of personal data trading as regulated by the UU PDP. Although Article 20 of the UU PDP is intended to provide strong protection against the commercial use of personal data, the provision still gives rise to legal uncertainty due to the lack of clear regulation of several crucial aspects. Similarly, Articles 65–70 contain significant legal uncertainties, particularly with regard to the elements of criminal offenses, forms of harm, corporate criminal liability, overlap with other regulations, and the absence of clear enforcement mechanisms and implementing institutions.  

Triyanto Agung Praptono Wibowo

Pemuliaan Keadilan 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The increasing number of malpractice cases in Indonesia, particularly those related to misdiagnosis by medical practitioners, highlights the urgency of law enforcement in the health sector. This study aims to analyze the legal provisions and forms of physician liability for misdiagnosis resulting in patient death. The research employs a normative juridical approach with a library research method, using primary legal materials such as Law Number 17 of 2023 on Health, the Criminal Code (KUHP), and the Civil Code (KUHPerdata), as well as secondary legal materials including literature and legal health journals. The findings indicate that misdiagnosis proven to constitute professional negligence (culpa) may give rise to legal liability in three areas—criminal, civil, and administrative. Criminally, Article 440 of Law Number 17 of 2023 stipulates sanctions for medical personnel whose negligence causes serious injury or death (Republic of Indonesia, 2023). Furthermore, hospitals also bear responsibility under the doctrines of vicarious liability and hospital liability for the actions of medical practitioners under their supervision (Balubun, Simanjuntak, & Ginting, 2018). This research implies the need for a balanced legal protection framework between patients’ rights and the professional rights of medical practitioners, as well as the strengthening of medical supervision systems within healthcare institutions.

Fahrurazzi Fahrurazzi

International Journal of Law, Crime and Justice 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The protection of suspects’ rights during the investigation phase is a fundamental component of a fair and effective criminal justice system. This study examines the implementation of the principle of due process of law in Indonesia and its implications for safeguarding human rights in criminal investigations. Utilizing a normative legal research approach, supported by statutory and conceptual analysis, the research evaluates both the legal framework and practical application of suspects’ rights under the Indonesian Criminal Procedure Code (KUHAP), the 1945 Constitution, and international human rights instruments such as the ICCPR. Findings indicate that while Indonesia has established comprehensive regulations to protect suspects, the practical implementation remains inconsistent due to structural, cultural, and procedural challenges. Deviations such as limited access to legal counsel, incomplete documentation of interrogations, and occasional coercive practices undermine adherence to due process standards. The study highlights the critical need for regulatory improvements, capacity building for investigators, and strengthened supervision mechanisms to ensure full protection of suspects’ rights. Enhancing the conformity of investigative practices with due process principles is essential not only for safeguarding individual rights but also for maintaining public trust and the integrity of the Indonesian criminal justice system.

Putri Naila

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the legal protection of Indonesian Migrant Workers (PMI) following the revocation of the moratorium on deployment to Saudi Arabia. Using a normative juridical approach with a descriptive-analytical specification, the research explores the effectiveness of Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, the impact of the moratorium revocation on the rights and security of PMI, and the implementation of bilateral cooperation through the Indonesia–Saudi Arabia Memorandum of Understanding (MoU). The findings reveal that although the existing legal framework is comprehensive, its implementation remains weak, particularly regarding supervision and law enforcement in destination countries. The study identifies a gap between administrative regulations and substantive protection, as reflected in the persistent cases of violence, delayed wages, and exploitation in the domestic sector. Strengthening the effectiveness of PMI protection requires synergy between legal reform, digital-based monitoring systems, and human rights–based diplomacy. Therefore, Indonesia must reinforce its political commitment, institutional coordination, and bilateral mechanisms to ensure the fulfillment of migrant workers’ fundamental rights and dignity abroad.

Muhammad Rizky; Rini Apriyani; Nur Aripkah

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Article 20 of the Personal Data Protection Law (PDP Law) normatively regulates the protection of data subjects and constitutes a pivotal provision that underscores the principle of consent as the legal basis for the processing of personal data for commercial purposes. This normative framework safeguards individuals’ right to privacy, encompassing the validity of explicit consent, the right to withdraw such consent, and the accountability of data controllers. In parallel, Articles 65 to 70 of the PDP Law substantively establish various categories of criminal offenses within the context of personal data protection. These include the unlawful acquisition, disclosure, processing, falsification, and utilization of personal data. Collectively, these provisions reflect the State’s commitment to ensuring criminal legal protection against violations of personal data.This research adopts a doctrinal legal methodology with a descriptive-normative approach to address two primary issues: First, to examine and identify the scope of legal protection concerning the trade of personal data under the PDP Law; and Second, to assess and determine the degree of legal certainty afforded to the trade of personal data within the framework of the PDP Law.Notwithstanding the protective intent embodied in Article 20—particularly concerning the commercial use of personal data—this provision gives rise to legal uncertainty due to the absence of comprehensive regulatory clarity on several critical aspects. Similarly, Articles 65 to 70 continue to exhibit significant legal ambiguities, particularly with respect to the constituent elements of offenses, the definition of harm, corporate liability, regulatory overlap with other legislative instruments, and the lack of clear enforcement mechanisms and implementing institutions.

Ido Pranata Nainggolan

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Micro, Small and Medium Enterprises (MSMEs) play a strategic role in the Indonesian economy, but still face significant obstacles in intellectual property rights protection, particularly patents and trademarks. This study aims to analyse the legal aspects of patent and trademark registration for MSMEs based on the Indonesian legal framework, with a focus on the implementation of Law No. 28 of 2014 on Copyright and related intellectual property regulations. The research method uses a normative legal approach with a literature analysis of legislation, scientific journals, and the latest statistical data. The results of the study show that the level of patent and trademark registration by MSMEs in Indonesia is still very low, with only 2.3% of MSMEs having registered their trademarks in 2023. The main obstacles include limited legal understanding, high registration costs, complex administrative procedures, and a lack of socialisation. This study recommends simplifying regulations, subsidising registration costs, improving legal education, and strengthening synergy between the government, academics, and MSME actors to improve the protection of intellectual property rights in the MSME sector in Indonesia.

Widya Andarestiani; Mutiara Shabreen; Indah Rachmadiny; Aisyah Rahmania; Asep Hakim Zakiran

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The obligation to consume halal food is a fundamental right of Muslim consumers, guaranteed by Islamic principles and Indonesian positive law. However, in practice, many food business operators still distribute products that have not obtained halal certification, resulting in legal uncertainty and potential material and immaterial losses for Muslim consumers. This study aims to analyze the forms of legal protection available to Muslim consumers regarding food products that are not halal-certified and to examine the responsibility of business actors as well as the role of the government in ensuring halal food compliance in Indonesia, using Sushi Go Restaurant as a case study. This research applies a normative juridical method with a statutory and case approach, supported by library research of primary, secondary, and tertiary legal materials. The findings indicate that legal protection for Muslim consumers has been comprehensively regulated through Law Number 8 of 1999 on Consumer Protection and Law Number 33 of 2014 on Halal Product Assurance. Nevertheless, the implementation of these regulations remains inadequate, particularly in terms of supervision and law enforcement against non-compliant business actors. The absence of halal certification and insufficient disclosure of halal information at Sushi Go Restaurant potentially violates Muslim consumers’ rights to legal certainty and accurate information. Therefore, stronger regulatory enforcement, improved supervision, and increased awareness among business actors and consumers are essential to ensure effective legal protection for Muslim consumers.

Endi Suhadi

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2026 International Forum of Researchers and Lecturers

This study aims to explain the application of normative legal research methods in analyzing corruption in Indonesia. The normative legal research method is used because the main focus of this study lies in the study of laws and regulations, legal doctrine, and court decisions related to corruption. Through this approach, the study highlights how written legal norms are implemented in law enforcement practices, as well as their effectiveness in tackling corruption, which has become a systemic problem in Indonesia. This study also evaluates the role of existing regulations in providing legal protection for the interests of the state and society, and identifies weaknesses in the legal system that are often exploited by perpetrators of corruption to avoid punishment. By focusing on the application of legal norms in enforcing corruption laws, this study also analyzes the development of jurisprudence related to corruption and the contribution of legal doctrine to more effective law enforcement. This study is expected to provide deeper insight into the strengths and weaknesses of the legal system in Indonesia, as well as provide recommendations for improving the judicial system in handling corruption cases. The results of this study are expected to enrich legal studies in Indonesia, especially in the field of criminal law and legislation related to corruption.

Rachmat Arnanda; Saidatuningtyas, Ifa; Ardhan, Dhea Tisane; Khoirunnisa, Ratna

Jurnal Pengabdian dan Solidaritas Masyarakat 2026 Lembaga Pengembangan Kinerja Dosen

This community service program aims to enhance the understanding and awareness of Micro, Small, and Medium Enterprises (MSMEs) regarding the importance of Intellectual Property Rights (IPR) certification as a form of legal protection and a means to improve business competitiveness. The activity was conducted in RW 04, Pondok Rajeg Village, Cibinong District, Bogor Regency, targeting local MSME actors. The program employed a Community Based Research (CBR) approach, emphasizing active community participation through problem analysis, target assessment, program development, and implementation stages. The main activity consisted of counseling sessions covering the concept of IPR, types of IPR, benefits of ownership, and online registration procedures through the Directorate General of Intellectual Property (DGIP). Evaluation was carried out using pre- and post-activity questionnaires. The results indicate that although all participants recognized the importance of IPR protection, their initial level of understanding was relatively low. Following the counseling session, there was a significant improvement in participants’ knowledge of IPR types and registration procedures. This program is expected to encourage MSMEs to register their intellectual property to protect innovation and enhance sustainable business competitiveness.

Risma Fernanda Syafi’iyah; Siti Nur Afifah; Zahwa Sabila Nurul Lailiyah; Selly Salsabila; Mohammad Iqbal +1 more

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Digital copyright piracy remains a growing legal issue in Indonesia alongside the rapid development of information technology. This practice not only causes economic losses to creators and copyright holders but also reflects a gap between legal norms and social realities. This study aims to analyze legal protection for digital copyrights and to assess the effectiveness of Law Number 28 of 2014 on Copyright. This research employs a normative legal method using a library research approach by examining statutory regulations and relevant academic literature. The findings indicate that although Indonesia has established an adequate legal framework for copyright protection, its implementation remains ineffective due to low public legal awareness, weak law enforcement, and challenges in monitoring digital platforms. These findings emphasize that effective copyright protection requires not only comprehensive regulations but also synergy between the government, law enforcement authorities, and the development of a strong legal culture within society.

Emirza Nur Wicaksono

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines the disproportionate allocation of legal responsibility between doctors and nurses in Indonesia’s health care system and proposes measures to reorganize accountability in a more fair and proportional way. The issue addressed stems from shortcomings in existing regulations, which have not yet ensured legal certainty or balanced legal protection for both professions in clinical practice. The study uses a normative juridical method, applying both statutory and conceptual approaches. The statutory approach reviews laws and regulations that govern professional authority and legal liability of doctors and nurses, while the conceptual approach analyzes legal principles, doctrines, and concepts related to professional responsibility in health services. Legal materials are collected through library research, including primary, secondary, and tertiary legal sources, and are analyzed using qualitative descriptive methods. The results show that although statutory provisions formally regulate the distribution of authority and responsibility between doctors and nurses, there are still normative uncertainties, overlapping regulations, and legal gaps. These issues may lead to an unequal burden of legal responsibility, particularly in cases involving medical errors or negligence. Such conditions weaken legal protection for nurses and can negatively affect the quality of health care delivery. The study concludes that regulatory reform is needed to clarify legal responsibility in accordance with professional authority and to implement a more just and proportional system of accountability. The findings are expected to enrich health law studies and provide guidance for policymakers in developing a fairer legal responsibility framework for health professionals.  

Erni Sulhati Roudho Siregar; Uswatun Hasanah

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of unregistered marriages in Indonesia is a complex issue that continues to spark debate between religious legitimacy and legal validity under national law. From an Islamic legal perspective, marriage is considered valid if it meets the essential pillars and requirements, such as the presence of a guardian, two witnesses, a dowry, and the consent (ijab qabul) both the bride and groom. However, according Indonesian national law, specifically Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI), every marriage must be officially registered to receive legal recognition and protection. This discrepancy between the two legal systems raises serious problems, particularly regarding the legal status of wives and children, inheritance rights, and legal protection for women in both the private and public spheres. This study aims analyze the issue of unregistered marriages in Indonesia from the perspectives of Islamic law and national law, and to identify the social and legal impacts unregistered marriages. The approach used is normative-juridical, by analyzing legislation, classical and contemporary Islamic legal literature, and empirical case studies in the community. Research findings indicate that although unregistered marriages are considered valid religiously, they lack legal force the eyes of the state, leading to unequal rights for women and children. This situation results in difficulties obtaining birth certificates, inheritance rights, and legal protection cases divorce or domestic violence. This research emphasizes the need for synchronization between Islamic and national legal systems through strengthening regulations and public education regarding the importance of marriage registration.

Aviessita Mar'ah Nuruttamami; Rumawi Rumawi; Udiyo Basuki; ST. Sariroh; Sukron Mazid +4 more

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study discusses the legal problems faced by tobacco farmers in Sukorejo Village, Kotaanyar District, Probolinggo Regency due to the closure of large tobacco warehouses that force them to depend on middlemen. This condition causes legal uncertainty, an imbalance in the bargaining position, and alleged violations of the principle of healthy business competition, thus having a direct impact on the economic sustainability of farmers. The focus of this research is to describe the practice of business competition and its impact on tobacco farmers and explain the form of legal protection from the perspective of business competition law and sharia economic law. The research method used is empirical law with a sociology approach to law and legislation, through observations, interviews, and documentation from farmers, middlemen, and factories. The results of the study show that there is dominance of middlemen in cooperation with large factories so that farmers lose freedom in determining prices. This condition does not reflect the principles of fairness and transparency in business competition. Legal protection is still weak because there is no regulation of the basic price or a definite buying and selling mechanism. In the perspective of sharia economic law, the practice violates the principles of al-adl (justice) and al-amanah (honesty). In conclusion, preventive legal protection is needed in the form of price regulation and the establishment of marketing cooperatives, as well as repressive protection through law enforcement against unfair business competition practices.

Novita Wulan Sari; Ernu Widodo; Sri Sukma Damayanti

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Unregistered marriage (nikah siri) in Indonesia refers to marriages conducted in accordance with Islamic religious law but not officially recorded by the state. This legal gap creates significant challenges, particularly concerning the legal status of wives, children, and marital property. This study employs a normative juridical research methodology to examine the legal consequences of unregistered marriages on the positions of wives, children, and property, as well as to analyze the forms of legal protection available for children born from such marriages. The findings reveal that wives in unregistered marriages lack legal protection comparable to those in registered marriages, including rights to marital property, alimony, and inheritance. Children born from these unions initially possess legal relationships only with their mothers and maternal families. However, Constitutional Court Decision No. 46/PUU-VIII/2010 established a legal pathway for children to establish civil relationships with their biological fathers through scientific evidence such as DNA testing. Despite this judicial development, practical implementation faces considerable obstacles including evidentiary difficulties, social stigma, and limited access to legal remedies. This research concludes that active state intervention and institutional support remain essential to safeguard children's fundamental rights, including identity, inheritance, and protection from legal and social discrimination.

Tamaulina Br. Sembiring; Dewi Fortuna Manulang; Luthfia Azahra

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

According to Indonesian law, marriage is a legal act that has legal consequences for the personal status, assets, and rights and obligations of husband and wife. Therefore, marriage requires the free and conscious will of both prospective bride and groom as the basis for the birth of a valid legal relationship. This study examines the importance of getting to know your partner before getting married from a legal perspective, especially as a form of preventive legal protection in marriage law. This research uses a normative juridical method with a statutory approach and a conceptual approach through literature study of statutory regulations, legal doctrine and relevant scientific literature. The research results show that although Indonesian positive law does not yet explicitly regulate the obligation to get to know one's partner before marriage, the objectives of the Marriage Law, the principle of consensualism, and pre-marital guidance policies reflect the importance of the prospective bride and groom's substantive readiness. This readiness is related to understanding the rights and obligations in marriage as well as the legal consequences that accompany them. Thus, getting to know partners before marriage has legal relevance as an effort to prevent disputes, divorce and family disputes, as well as strengthening legal protection for husbands, wives and children in the institution of marriage.  

Budi Prayitno; M. Syahrul Borman; Duduik Djaja Sidarta

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Children constitute a vulnerable group requiring protection from sexual crimes, including pedophilia. This research aims to examine criminal law provisions protecting child victims of pedophilia crimes in Indonesia and identify obstacles in their implementation. Using a normative juridical method with statutory and conceptual approaches, the findings demonstrate that legal protection is comprehensively regulated through the Criminal Code (KUHP), the Child Protection Law (Law Number 35 of 2014), Law Number 17 of 2016, and the Electronic Information and Transactions Law (ITE). These regulations provide a strong legal basis both in terms of principal criminal sanctions and additional sanctions such as chemical castration, electronic monitoring device installation, and perpetrator identity disclosure. The regulations also emphasize victims' rights to medical and psychological rehabilitation as well as identity protection. However, implementation faces several obstacles, including low case reporting rates due to stigma and taboo culture, evidentiary difficulties arising from victim trauma, weak inter-agency coordination, limited resources, and the emergence of digital pedophilia modi. Efforts to address these obstacles include strengthening law enforcement capacity, providing child-friendly justice systems, comprehensive rehabilitation services, public legal education, and synergy between government and non-government institutions in child protection.

Fajri Dirgantara; Yoyok Ucuk; Subekti Subekti

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Human trafficking constitutes a transnational crime that inflicts physical, psychological, and economic suffering upon its victims. This research aims to analyze the fulfillment of restitution rights for victims of human trafficking and examine preventive efforts from the immigration perspective. According to Law Number 21 of 2007 concerning the Eradication of Human Trafficking, every victim has the right to restitution as compensation for losses suffered. However, implementation in practice still encounters numerous obstacles, including weak law enforcement, limited understanding among law enforcement officers, and insufficient technical regulations. This normative legal research employs statutory and conceptual approaches to examine primary legal materials, including Law Number 21 of 2007, Law Number 6 of 2011 on Immigration, and various implementing regulations. The findings indicate that legal protection for victims of human trafficking has not been optimal, with challenges including difficulties in proving immaterial losses, dual procedural systems between the Human Trafficking Law and Criminal Procedure Code, and weak coordination among law enforcement agencies. The Witness and Victim Protection Agency (LPSK) often cannot guarantee restitution payments as determined by judges. From the immigration perspective, the Directorate General of Immigration plays a strategic role in preventing human trafficking through travel document control, implementation of the Integrated Border Control Management (IBCM) system, education for prospective migrant workers, and cross-sectoral collaboration. However, challenges persist, including complex and evolving modus operandi, limited resources in remote border areas, and inter-agency coordination obstacles. The study concludes that synergy between institutions and improvements in education and regulation are required to ensure victims' restitution rights are fulfilled effectively.  

Eko Budi Santoso; M. Syahrul Borman; Nur Handayati

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This research aims to analyze the application of material criminal law against perpetrators of sexual abuse crimes against children and examine the judge's considerations in sentencing in cases of sexual abuse against children committed by teachers. The study focuses on Court Decision Number 1649/Pid.Sus/2020/PN.Mks, where a Quran teacher was convicted of committing sexual abuse against several of his students. This normative legal research employs statutory and case approaches, analyzing primary legal materials including the Criminal Code (KUHP), Law Number 35 of 2014 concerning Child Protection, and the aforementioned court decision. The findings indicate that the application of material criminal law in this case has been in accordance with Article 82 paragraph (1), jo Article 76E of the Child Protection Law, where all elements of the crime were proven fulfilled. However, the judge's consideration in sentencing raises critical concerns regarding the application of aggravating factors. Under Article 82 paragraph (4) of the Child Protection Law, when sexual abuse is committed by educators, the punishment should be increased by one-third. The court sentenced the defendant to 6 years and 6 months imprisonment and a fine of Rp. 60,000,000, whereas according to the applicable law with aggravating factors, the sentence should have been 8 years and 8 months imprisonment. The study also identifies obstacles in handling such cases, including children's difficulty in revealing traumatic events, victims' fear and shame, limited witnesses, threats from perpetrators, and inadequate resources. The research recommends consistent application of sentence enhancement for perpetrators who are educators, improved inter-agency cooperation in handling child victims, enhanced school security measures, and comprehensive legal protection for child victims throughout the judicial process.