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Indira Dolita Yulius; Muhammad Farid; Fristia Berdian Tamza

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Law Number 35 of 2014 on Child Protection plays a strategic role in providing legal protection for children who are victims of violence, bpth physical and psychological. The enactment of this regulation represents the state’s response to the increasing number of violence cases againts children, which necessitate a more comprehensive and child-oriented legal protection system. This law strengthens legal instruments through the recognition and protection of children’s rights, the imposition of criminal sanctions againts perpetators of violence, and th provision of recovery mechanisms for child victims. However, in practice, the implementation of the Child Protection Law continues to face various challenges, including weak law enforment, limited protection fasilities and infrastructure, and inadequate coordination among relevant institutions. These obstacles have resulted in the suboptimal realization of legal protection for child victims of violence. Therefore, the effectiveness of Child Protection Law largely depends on the responsiveness and commitment of law enforcement officials, as wekk as the synergy between the government, society, and families. Through such collaboration, optimal and sustainable child protection can be achieved.

M. Julianto Al Hakim; Diah Gustiniati Maulani; Dona Raisa Monica

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The illicit circulation of narcotics in Indonesia has undergone a fundamental evolution into cyber-enabled crime, where drug syndicates systematically exploit children as technical operators through digital media to sever the main network chain and evade legal detection. This study aims to analyze the anatomy of the modus operandi of narcotics transactions involving children in the digital realm and examine its legal implications for the process of proof and criminal liability. Utilizing an empirical juridical research method with a sociological approach conducted in the jurisdiction of the Metro Police Resort, Lampung, this research identifies a shift in modus operandi towards the "Map System" or Dead Drop Method. In this modus, the child's role is divided into three sophisticated technical stages: pre-transaction via encrypted communication, field execution (mapping & dropping) using precise GPS coordinates, and post-transaction involving digital cleaning, which creates a phenomenon of crime "gamification" where children perceive the criminal act akin to an online game mission. The legal implications of this phenomenon present serious challenges regarding the validity of electronic evidence, which is volatile due to a weak chain of custody, as well as the reconstruction of the child's mens rea, which points towards premeditated intent (dolus premeditatus) driven by high digital literacy rather than mere negligence. These conditions complicate the application of pure diversion as mandated by law; thus, this study recommends a hybrid punishment approach where law enforcement proceeds to break impunity, but sanctions focus on specific rehabilitation in the Special Guidance Institution for Children (LPKA) to reorient the children's digital skills positively.

Roli Pebrianto; Noviana Noviana; Muhammad Panji Prabu Dharma; Syarif Dahlan

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study seeks to examine how the element of state financial loss is applied in corruption cases that originate from private-law relationships, specifically in the context of Micro People’s Business Credit (KUR) financing using the Yarnen Porang scheme, as reflected in Decision Number 41/Pid.Sus.TPK/PN.MTR. The central issue addressed is the manner in which the panel of judges construed and affirmed the existence of a state financial loss that, in substance, arose from a civil act, namely the performance of a financing cooperation agreement between a banking institution and an offtaker. By employing a normative juridical approach and conducting an in-depth analysis of the judicial decision, this research concludes that the alleged state financial loss in the a quo case remains merely prospective in nature and does not satisfy the requirement of an actual and definite loss as mandated by positive law. Furthermore, evidence demonstrating that the financing funds were enjoyed by a third party rather than by the accused indicates a misapplication in attributing criminal liability. Consequently, the criminal prosecution of conduct that is essentially civil in character reflects an expansive interpretation of the state loss element, which is inconsistent with the principle of legality and the doctrine of prudence in the enforcement of corruption laws.

Nugrah Gables Manery

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the analysis of unilateral contract termination. The method used in this study is normative juridical. The approaches used in this study are the statutory approach and the conceptual approach. The results of this study indicate that the provisions for contract termination as stipulated in Article 1338 paragraph (2) of the Civil Code should not override the provisions of Article 1266 of the Civil Code, which governs the conditions for annulment in reciprocal agreements. Termination clauses in contracts are generally unilateral, disregarding the provisions of Article 1266 of the Civil Code. The Civil Code does not explicitly regulate the distinction between damages resulting from breach of contract and damages resulting from unlawful acts. Therefore, what is needed is a clear understanding of the concept of contract termination, so that in the future there will be regulations that provide legal certainty to the parties involved.

Sri Yulianty Mozin; Siti Nurcahyati Abdussamad; Sabrina Meamogu

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

This article examines the typology and classification of regional government apparatus in Indonesia by analyzing their structure and functions within local governance. The study draws on recent theoretical literature (2020–2025) and legal frameworks to map how different types of regional apparatus such as executive agencies (“dinas”), supporting agencies (“badan daerah”), secretariat, inspectorate, and territorial units are organized and classified. Using a normative-juridical and conceptual approach, the paper reviews relevant laws, regulations, and academic studies to identify patterns of structural typology and functional differentiation within local governments. The findings reveal that many local governments still apply structural-heavy models rather than functionally tailored organizations, leading to excessive bureaucracy and inefficiency. The analysis suggests that a clearer classification aligned with functional roles can improve governance effectiveness and administrative efficiency. The article concludes by recommending that local governments re-evaluate their organizational structures to better reflect the functional needs of governance, rather than merely replicate structural models.                                                               

Amalia Wulandari; Chininta Ayu Candani Kriyandari; Nur Alfianah

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

In accordance with Article 25 paragraph (2) of the Law on Judicial Power, the general judiciary is one part of the judicial power that has the authority to examine, adjudicate, and issue decisions in criminal and civil cases in accordance with the applicable regulations. In civil trial proceedings at the district court, there are three stages: the preliminary stage, the determination stage, and the execution stage. In civil justice, there is an effort to resolve disputes outside of trial, namely mediation, and in administrative court proceedings, there is an effort to resolve disputes outside the court, namely administrative efforts. Mediation is an effort to resolve conflicts through deliberation with the assistance of a neutral third party, known as a mediator, to reach an agreement that can be accepted by both parties. This administrative effort is a resolution process carried out internally within an agency between the government and the party filing an objection to a state administrative decision before the dispute is brought to court. The purpose of this study is to understand the differences in non-litigation efforts between civil courts and state administrative courts. The research method is normative, using a statutory approach that emphasizes the analysis of regulations related to the main discussion of this study. In civil courts, mediation aims and focuses more on efficiency, which benefits both parties and, in turn, can reduce the burden on judges in resolving disputes in court. On the other hand, the purpose of administrative measures in state administrative cases is oriented towards internal government supervision, as a last resort, and rapid correction.

Adtila Prawoko; Ab’dan Syukur; Nadia Putri Kustiono; Anita Nur Amaliyah; Kuswan Hadji

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

The enactment of Law Number 1 of 2023 concerning the Criminal Code brought fundamental changes to the regulation of the crime of adultery in Indonesia. The expansion of the scope of criminalization, including regulations regarding extramarital relationships, has given rise to debate regarding its compliance with the principles of the formation of laws and regulations and its impact on criminal law enforcement. This study aims to analyze the provisions of the adultery article in the new Criminal Code from the perspective of the principles of the formation of laws and regulations and assess its implications for the effectiveness of the criminal justice system. This study uses a normative legal research method with a legislative and conceptual approach. Legal materials were obtained through literature studies and analyzed qualitatively and juridically. The results show that the regulation of the crime of adultery in the new Criminal Code has a clear normative purpose, but still leaves issues regarding the clarity of formulation, legal certainty, and potential human rights violations. Furthermore, the application of the adultery article has the potential to create obstacles in law enforcement practices, particularly related to evidence, caseload, and the legitimacy of the criminal justice system. Therefore, further evaluation is needed to ensure that these regulations align with the principles of sound legislative development and ensure legal justice.

Saka Shofa'il Asroor

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

Over the past 20 years, developments in digital technology have led to the emergence of financial innovation in the form of cryptocurrencies, with Bitcoin being the main pioneer. Bitcoin is a decentralized, blockchain-based electronic payment system that is not controlled by a single financial institution. Although its presence facilitates quick and straightforward cross-border transactions, it also raises ethical and legal issues, especially when taking into account Islamic law, which strongly emphasizes justice, certainty, and the welfare of society. This paper aims to investigate the usage of Bitcoin in modern economic transactions from the standpoint of Islamic and international law. This study investigates Islamic legal sources, the views of Islamic scholars, fatwas (religious decrees), and international laws and regulations pertaining to cryptocurrency assets using a qualitative, normative-empirical methodology. The results show that, although opinions among scholars differ, the usage of Bitcoin is subject to ijtihadiyah (Islamic ijtihad) in Islamic law. Some reject it because of its great volatility and speculative potential, while others allow it as long as it provides advantages and does not include riba, gharar, or maysir (the risks associated with gambling). In terms of international law, Bitcoin is typically seen as a digital asset that has to be closely watched in order to preserve economic stability and deter financial crime. Therefore, balanced legislation is required to guarantee that the usage of Bitcoin is in line with the principles of sharia maqasid and global economic fairness.

Yoel Adeputra; Muhaen Maya Wulandari; Dwi Imroatus Sholikah

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

The patent dispute between Apple Inc. and Samsung Electronics Co. Ltd. is one of the largest Intellectual Property Rights (IPR) conflicts in the modern technology industry. This case began in 2007, when Apple launched the first-generation iPhone, revolutionizing the smartphone market with its minimalist design, full-touch screen, and intuitive interface. The success of the iPhone opened new markets and positioned Apple as an innovation leader. Samsung, as the largest electronics manufacturer in Asia, then produced the Android-based Samsung Galaxy smartphone, which quickly became the iPhone's main competitor. This business competition then turned into a legal dispute when Apple considered Samsung's products too similar to its products. This case involves claims of infringement of design patents and utility patents filed in various jurisdictions such as the United States, South Korea, Japan, Germany, and the United Kingdom. This article uses a normative juridical method with a statutory and case approach. The analysis shows that the patent dispute between Apple and Samsung cannot be resolved through a single international forum due to the territorial nature of the patent system. Therefore, litigation takes place in several countries and results in varying decisions.

Ahmad Chairul Anwar; Anriz Nazarudin Halim; Dhoni Martien

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

The phenomenon occurring in society regarding deeds of sale and purchase drawn up by land deed officials that contain material defects is certainly contrary to what is stipulated by law. Thus, the research questions are: What are the legal consequences of a material defect in a Deed of Sale and Purchase drawn up by a Land Deed Official? and How does a material defect in a Deed of Sale and Purchase drawn up by a Land Deed Official arise? In this study, the researcher uses Otto Jan Michael's theory of legal certainty and R. Soeroso's theory of legal consequences. The research method used in this study is normative juridical research janis, namely legal research with literature studies. The research approaches used are legislation, conceptual approach, analytical approach and case approach. The technique of collecting legal materials is by identifying and inventorying positive legal rules. Literature, journals and other sources of legal materials. For the analysis technique of legal materials, it is carried out by grammatical interpretation, systematic interpretation, analogy construction and legal refinement construction. The results of this study found the conclusion that the legal consequences of the sale and purchase deed being carried out unilaterally made before PPAT caused the sale and purchase deed to not have legal certainty. Although the sale and purchase deed was made formally by and before PPAT, the legal action contained a material defect, and was canceled by the court, there was also a legal relationship between the legal subjects, the cancellation showed legal certainty, but gave birth to a lawsuit due to unlawful acts, and the legal certainty of the sale and purchase deed made by PPAT contained material defects making PPAT not have binding legal force which resulted in unilateral The sale of land must be done by mutual agreement or known to both parties, in addition to having no legal force, the deed is canceled by the court. Thus, the cancellation of the sale and purchase deed contains a material defect in the court, providing legal certainty for matters that are not in accordance with the applicable provisions of the law.

Natasya Alika Akbar; Nani Nurani Muksin

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

The development of digital technology has encouraged the government to utilize social media as an effective means of public communication. The Ministry of Agriculture is one institution that actively uses Instagram to convey information, build a positive image, and interact with the public. This study aims to determine the Public Relations strategy in managing the Instagram social media account @kementerianpertanian. This study uses the Public Relations strategy theory from Cutlip and Center, which consists of four stages: problem identification, planning and programming, communication and action, and evaluation. The research method used is a descriptive qualitative approach, with data collection techniques through in-depth interviews and documentation of the Ministry of Agriculture's Public Relations team. The results show that the Ministry of Agriculture's Public Relations has implemented a planned communication strategy, starting from planning informative and educational content, utilizing Instagram features such as reels, stories, and live to increase interaction, to routine evaluation based on engagement data (likes, shares, comments, and saves). This strategy also adapts to social media trends and audience needs. Public Relations actively responds to user questions and comments to maintain two-way communication. However, challenges such as negative comments, limited resources, and changes in the Instagram algorithm are obstacles that still need to be overcome. Overall, the implemented strategy has successfully supported the improvement of the image and transparency of public information within the Ministry of Agriculture.

Andhinie Fathimatul Hasanah; Zidan Arief Maulana; Sri Kencana Wulan; Sintia Nur Anggitasari

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

This article analyzes women’s empowerment in the development of Pekunden Tourism Village, Banyumas District, Banyumas Regency, focusing on the role and contribution of women in tourism based on local creativity. Using Kartasasmita's (1996) empowerment framework, which includes enabling, empowering, and protection, the study collects data through interviews, observations, and documentation from key informants such as the village head, tourism awareness group, and women entrepreneurs in Oemah Batik, Oemah Manggleng, Dragon Fruit Garden, and Kampoeng Nopia Mino. The findings reveal that women’s empowerment in Pekunden Tourism Village has fostered a supportive environment, enhanced women’s capacity, and ensured business protection. Training programs and the development of local products have expanded economic opportunities, increased women’s participation in decision-making, and improved family welfare. Overall, women’s empowerment has made a significant contribution to local socioeconomic development, positioning Pekunden Tourism Village as a successful model of synergy between tourism and community empowerment. This case exemplifies the positive impact of regional autonomy in promoting local creativity and economic growth through tourism.

Aprijal Rajak; Zuchri Abdussamad; Romy Tantu

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

This study aims to examine the quality of public services at the Population and Civil Registration Office (Disdukcapil) of Pohuwato Regency using the SERVQUAL model, which comprises five dimensions: Tangibles, Reliability, Responsiveness, Assurance, and Empathy. This research was conducted in response to persistent public complaints regarding slow service processes, long queues, limited facilities and infrastructure, network disruptions, as well as insufficient information and uncertainty concerning service completion time. The study employed a descriptive qualitative approach through observation, interviews with Disdukcapil employees and community members, and documentation. The findings indicate that the quality of public services has not yet been optimal. The Tangibles dimension remains weak due to inadequate service facilities. Reliability has not been fully achieved as a result of delays in document issuance and system disruptions. Responsiveness among service officers is inconsistent in addressing public complaints. In terms of Assurance, officers demonstrate adequate professionalism; however, transparency in procedures and service timelines remains inconsistent. Meanwhile, in the Empathy dimension, attention to the community particularly vulnerable groups still needs improvement. Overall, the public services provided by Disdukcapil Pohuwato have not fully met community expectations and require improvements in facilities, staff competence, and the effectiveness of service systems.

Susi Turti; Adi Nur Rahman

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

This study examines the critical role of expert opinions from the Ministry of Energy and Mineral Resources (ESDM) during the investigation phase in uncovering gold mining without permit (PETI) crimes under Article 120 of the Indonesian Criminal Procedure Code (KUHAP) in West Kalimantan. The research employs a normative-empirical approach, analyzing legal provisions, government reports, and judicial practices to assess how ESDM experts contribute to establishing the material truth of PETI cases. Findings reveal that expert opinions are indispensable for verifying the absence of permits, assessing environmental damage, and quantifying state losses, thereby strengthening evidentiary frameworks for prosecutors and judges. However, challenges persist, including coordination gaps between law enforcement and ESDM, insufficient technical capacity among investigators, and potential threats to expert independence. The study concludes that optimizing the use of ESDM expertise is not merely procedural but strategic for effective, accountable, and just enforcement against PETI, which remains a significant threat to national resource sovereignty and environmental sustainability.

Haryoko Bambang Widjayanto; Yoga Tri Hartanto

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

Indonesia constitutionally declares itself as a state based on the rule of law as mandated in Article 1 paragraph (3) of the 1945 Constitution after the amendments. This principle requires that governance and law enforcement be conducted under constitutional supremacy, legal certainty, equality before the law, and an independent judiciary. However, various political interferences, regulatory inconsistencies, and discriminatory legal practices continue to undermine these ideals. This research examines: (1) the effectiveness of the hierarchy of legislation and judicial review mechanisms by the Constitutional Court (MK) and the Supreme Court (MA) in preventing regulatory conflicts and discriminatory law enforcement; and (2) the extent to which the rule of law principle post-amendment has been manifested in equal protection before the law and judicial independence. Using a normative legal research method with statute, conceptual, case, and historical approaches, this study finds that although constitutional reforms have strengthened checks and balances and judicial authority, the persistence of selective and politically influenced law enforcement indicates that equality before the law has not been consistently implemented. Strengthening institutional integrity, improving regulatory harmonization, and ensuring the judiciary’s independence remain crucial to realizing Indonesia’s constitutional aspirations as a democratic state governed by the rule of law.

Ety Isworo; Yoon Tae-min

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

We give thanks to the presence of God Almighty because, by His abundant grace and blessings, this course material has been compiled as a form of commitment to instill and develop the noble values of Pancasila among the younger generation, especially students. In the midst of the tide of globalization bringing various changes and challenges, it is important for us to hold firmly to the fundamental values that serve as the identity and foundation of the Indonesian nation. Pancasila — as the state foundation and national ideology — should not only serve as a formal symbol of the nation, but must become a moral guide in attitude, thought, and action. In the context of a global society, students are required not only to be intellectually and professionally capable, but also resilient in upholding Pancasila-based national values. Through this material, it is hoped that students will be able to understand, internalize, and actualize the values of Pancasila concretely in campus life, social life, and even in the global sphere. Character education based on Pancasila becomes the key in shaping a generation who are integrous, empathetic, competitive, and uphold the values of humanity, democracy, and justice. In closing, may this material become a real contribution in shaping a young generation who are not only knowledgeable, but also have noble character — as a manifestation of the true Pancasila generation.

Reza Reyzaldy; Dian Ekawaty Ismail; Erman I. Rahim

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

The purpose of this study is to analyze the settlement of criminal cases on the liability of parents for negligence that results in minors becoming perpetrators of traffic accidents. This type of research is normative legal research with a statutory approach, a case approach and a conceptual approach. The analysis used in this study is a descriptive analysis. has not explicitly regulated the criminal liability of parents for accidents committed by children, although Civil Code Article 1367 has provided a basis for civil liability, and the new Criminal Code through Article 37 opens up opportunities for the application of the principle of vicarious liability. This study recommends the need to reconstruct the Indonesian criminal law regulation which explicitly establishes a model of parental criminal responsibility based on the principle of vicarious liability and the principle of Radbruch legal certainty, without overriding the principle of child protection in the SPPA Law.

Anggi Apriani; Wandi Syahfutra; Siti Niah

International Journal of Education and Literature 2025 Lembaga Pengembangan Kinerja Dosen

This research focuses on the correlation between students’ reading habit and their reading comprehension in analytical exposition texts of eleventh grade students at SMA PGRI Pekanbaru. This research was motivated by the fact that some students face difficulties in reading English texts due to a lack of reading habit and challenges in understanding English texts, especially analytical exposition texts. This research employed a correlational design. The sample consisted of 37 eleventh grade students of SMA PGRI Pekanbaru in the academic year 2024/2025, selected through total sampling technique. To collect the data, the researcher used a questionnaire to measure students’ reading habit and an objective test to assess their comprehension of analytical exposition texts. Pearson Product-Moment correlation analysis showed a correlation coefficient (r_xy) of 0.501, indicating a moderate positive correlation between the two variables. With a significance value of 0.001, which is lower than 0.05, the correlation was statistically significant. Furthermore, since the r_value (0.501) was greater than the r_table value (0.344) for 37 respondents at the 5% significance level, the alternative hypothesis (Ha) was accepted. These findings indicate that students with better reading habits tend to have higher comprehension in understanding analytical exposition texts.

Nanda Iswari; Ardiya Ardiya; Wandi Syahfutra

International Journal of Education and Literature 2025 Lembaga Pengembangan Kinerja Dosen

Reading comprehension, especially in personal letter texts, is challenging for many Indonesian high school students due to limited vocabulary and low motivation. Blooket, a game-based learning platform, offers potential to improve engagement and learning outcomes.Objective: This research aims to examine the effectiveness of Blooket learning media in improving students’ reading comprehension of personal letters at Grade XI of SMA PGRI Pekanbaru. A quantitative approach with a quasi-experimental non-equivalent control group design was used. The sample consisted of 39 students, divided into an experimental group taught with Blooket and a control group taught conventionally. Pre-tests and post-tests (25 multiple-choice items) were administered, and data were analyzed using normality, homogeneity, The experimental group’s mean score increased from 55.21 to 84.96, while the control group improved from 51.53 to 72.00. The paired sample t-test yielded p = 0.000 (<0.05), indicating a significant effect of Blooket on reading comprehension. Blooket’s interactive and competitive features effectively enhanced students’ reading comprehension of personal letters, motivation, and participation, making it a valuable alternative for teaching short functional texts in EFL classrooms.