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Haider Kazim Hattahut

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The aim of this comparative study is to identify the criminal responsibility for extremism through electronic means in modern legislation for which the researcher used the comparative analytical method. The research problem is centred on the statement of the objective provisions of criminal responsibility for the crime of extremism through electronic means in both Iraqi law and comparative laws. The study relied on a number of primary and secondary references both past and present to collect legal information. The study concluded a number of the most important results, namely that extremism using electronic means is the aggression emanating from pirates using electronic means with the aim of disrupting security and public order and extorting the authorities by seizing public and private funds and damaging property. Results also show that the competent court in considering the crime of extremism using electronic means is the State Security Court in Iraqi law, and we see the Iraqi legislator in the Iraqi Constitution of 2005 was unique in reducing the penalty until amnesty for those who provide information about cyber attacks. The study recommended that there should be a clear text for the crime to define the electronic means as per the Iraqi legislator, while the modern legislations came in conjunction and close to the Jordanian legislator, as well as the French law, the Algerian and Egyptian legislator. The study also recommends that the Iraqi legislator follow the example of the Jordanian legislator in issuing a special law for electronic crimes and contain the text of criminalising the crime of cyber extremism. The study also stresses the need for judges to have sufficient knowledge of electronic means and the Internet in order to consider cases in this regard by preparing courses for them and all those working in the field of combating cyber extremism crimes. This is particularly true since the threat is carried out through the Internet and electronic means.

Nadir Nadir

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to reveal stability Friedrich Carl Von Savigny’s thoughts on the existence of annual sale and purchase customary love establishment. This research uses legal research methods, namely research carried out on legal norms that develop in society. The approach used is a conceptual and historical approach. The types and sources of data used in this research are primary and secondary data. The results of this research show that the teachings of the historical school initiated by Von Savigny emphasize that law is a reflection of the soul of the people that grows together with the people’s growth of the people and becomes strong together with the people’s strength. Furthermore, in the end, it dies if the nation loses its nationality. Thus, adherents of the historical school reject the view that law is made by an authorized institution, such as by making laws. Meanwhile, customary law that exists in Madurese society as the customary law of the Madurese people in some villages, such as “annual purchase and sale,” as the customary law of the community is maintained in the practice of annual purchase and sale of a plot of land that is perhaps not found in other areas in Indonesia. It is similar to the historical school, namely that law grows together with the growth of society and becomes strong together with the strength of society. Furthermore, in the end, it dies if the nation loses its nationality. This condition is recognized as existing by the constitution of the Indonesian legal state as regulated in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia.

Fajar Andika Pratama; Nadia Isna Putri; Ananda Althof Samudra; Eti Mul Erowati

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

Pawn is one of the property rights obtained by a person who receives the goods—who provides credit—on a movable and tangible item that is handed over to him by a person who is in debt or by another person on his behalf. Pawning is a common phenomenon in many countries, especially in Indonesia. The regulations related to pawn are determined in the Civil Code, especially in Article 1150 of the Civil Code, and are further regulated in various additional articles in the Civil Code. Pawn requires the existence of two or more parties who are related to each other and agree to make a binding agreement with a certain period of time to receive and provide guarantees to an entity in return for a certain amount of money or other goods, which must then be returned in accordance with the agreement that has been made along with the surplus value that may arise as a result of added value or interest. This is an obligation that must be fulfilled by the party who owes, but the party who provides the credit also has a handful of obligations that must be fulfilled as a form of accountability for the pawned goods that are received and maintained for a certain period of time, for example, maintaining the pawned goods from potential damage or carrying out maintenance so that the pawned goods function properly. However, the party who provides the credit has the right to receive compensation or a refund of the maintenance costs incurred to maintain the pawned goods; this is regulated in Article 1157, Paragraph 2, of the Civil Code, which is a guarantee for every entity that provides credit to obtain its rights or compensation from efforts to "rescue" the pawned goods.

Egi Fauzan Fikri

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

The World Trade Organization, hereinafter referred to as the WTO, is an international organization part of the Economic and Social Council as an important component in international trade. In carrying out international trade activities, a legal instrument is needed to ensure the sustainability of trade and facilitate the resolution of disputes that will be experienced by the international community. The trade dispute between Indonesia and Brazil was caused by Indonesia's policy of stopping chicken meat imports from Brazil since 2009, causing Brazil to suffer huge losses because it could not export chicken meat to Indonesia. From the chicken meat import policy in Indonesia, Brazil demanded that Indonesia had carried out trade protection which violated various WTO rules. Indonesia's defeat in the DSB-WTO Panel was due to the many Indonesian policies that violated the WTO agreement and the inability of Indonesian representative diplomacy to resolve the dispute.

Hilangla Gema Noresti

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

Law Number 37 of 2004 Concerning Bankruptcy and Suspension of Debt Payment Obligations, PKPU is an effort to reach an Agreement or Mutual Agreement between the debtor and creditor which is carried out with the intention of submitting a peace plan in the form of an offer to pay either part or all of the debt that has matured to the Creditor regarding the settlement of debts. Then in the decision NUMBER 188 K/Pdt.Sus-PKPU/2013 the Debtor has violated the provisions of the Law, Article 222 paragraph (2) explains that for debtors who have more than one creditor and the debtor does not pay at least one debt that has matured and can be collected, he is declared bankrupt by court decision, either at the request of the debtor himself or at the request of one or more of his creditors, Legal Implications in Decision No. 08/PKPU/2012/PN.Niaga.Mks Debtor PT.Kopi Jaya Comrpora as the debtor, seeing from the trial facts, the author agrees with the decision of the panel of judges.

Udin Nurkholis Huda; Hartoyo Hartoyo; Fitri Ayuningtyas; Fitri Ayuningtyas

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

The crime of molestation and sexual intercourse against children is an act that violates social norms of politeness, religion and decency. Article 28b paragraph (2) of the 1945 Constitution of the Republic of Indonesia reads: "Every child has the right to survival, growth, and development and has the right to protection from violence and discrimination" The legal issue of this normative legal research: How is the criminal act of molestation and sexual intercourse against children regulated? What is the form of legal protection for children as victims of sexual acts and sexual intercourse? The crime of molestation is regulated in Articles 289 to 295 of the Criminal Code, Law No. 35 of 2014: It is an amendment to Law No. 23 of 2002 concerning Child Protection, which affirms the prohibition of violence or threats against children (Article 76E) and establishes prison sanctions of between 5 to 15 years for perpetrators (Article 82) and Law No. 12 of 2022 concerning the Crime of Sexual Violence. The form of legal protection for children as victims of criminal acts of molestation and sexual intercourse is Physical and Psychological Protection, Victims' children have the right to physical protection to ensure safety from the threat of the perpetrator, through the arrest of the perpetrator with sufficient preliminary evidence. Psychological protection is provided with rehabilitation, counseling, and psychosocial assistance during the legal process until recovery. 2. Confidentiality of the identity of the victim; 3. Legal and Social Assistance; 4. Restitution and Restoration of Rights; 5. Strict Law Enforcement.

Winajat Winajat; Syahrul Borman; Dudik Jaya Sidharta

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

Law Number 15 of 2019 in Article 58, Article 85 and Article 91 contains authority that must be carried out by ministries or institutions that carry out government affairs in the field of Legislation Formation. Until early 2025, the government has not formed the ministry or institution in question. The legal issue of this normative legal research: What is the form of regulation of harmonization, rounding, and consolidation of the conception of the Draft Regional Regulation? What is the authority of the ministry in harmonizing, rounding, and consolidating the conception of the Draft Regional Regulation? The arrangement of harmonizing, rounding, and consolidating the conception of the Draft Regional Regulation involves a series of steps that are structured and regulated by laws and regulations. Harmonization is the process of harmonizing and unifying draft regulations so that there is no conflict with existing regulations. Coordination, For the Draft Regional Regulations that come from the Regional People's Representative Council, harmonization is coordinated by the fittings of the Regional People's Representative Council that handles the field of legislation. The authority of the ministry in harmonizing, rounding, and consolidating the conception of the Draft Regional Regulation is rooted in Article 18 paragraph (6) of the 1945 Constitution which states that local governments have the right to establish regional regulations, which are the implementation of regional autonomy. Article 236 of Law Number 23 of 2014 emphasizes that regional regulations must be prepared as an elaboration of higher laws and regulations. Since the promulgation of Law Number 15 of 2019, there has been a significant change in the authority to harmonize the Draft Regional Regulations.

Zakky Maulana Afizuddin; Nur Handayati; M. Syahrul Borman

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

This study aims to analyze the investigation of narcotics crimes conducted by the Mojokerto City Police in accordance with the provisions of Article 114 in conjunction with Article 112 of Law Number 35 of 2009 concerning Narcotics. These articles regulate the threat of criminal penalties for drug dealers and users, and provide a legal basis for law enforcement officers in carrying out the investigation process. This study uses a normative legal method with a statutory approach and case analysis. The results of the study indicate that the investigation at the Mojokerto City Police has attempted to comply with applicable legal provisions, but there are obstacles such as a lack of competent human resources, obstacles in collecting evidence, and challenges in implementing rehabilitation for drug users. This study recommends increasing the capacity of investigators through training, optimizing cooperation with related agencies, and implementing more transparent and accountable investigation procedures.

Andreas Marfel Silaban; Beby Sendy

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Consumer dispute resolution in Indonesia is an increasingly relevant issue, considering the high dynamics of transactions that occur in the goods and services sector, including in the property sector. Consumers, as the weaker party in business transactions, often face problems related to the quality of goods/services received, delays, unilateral cancellations, or even failure in property development. Therefore, resolving consumer disputes is very important and requires adequate legal protection. This type of research is normative juridical research. Normative research is literature research by examining theoretical approaches and concepts that examine consumer disputes. Normative juridical research is legal research that places law as a building system of norms. Problems arise when consumers in good faith have paid all Down Payment obligations, but the business actor actually takes a unilateral decision to cancel the apartment construction project. Consumers who have invested funds amounting to IDR 307,530,900 are trying to get a refund, but the business actor does not show responsiveness and good faith in the refund process. This situation finally forced consumers to take legal action by filing a lawsuit with BPSK Medan City on December 5 2022. This case is a clear example of the application of consumer protection and the importance of BPSK as an alternative for resolving disputes outside of court. This decision also reflects the principles of justice and legal certainty in consumer disputes, where agreed consumers can obtain their rights through an arbitration mechanism.

Dothea Reanyaan; Ibrahim Kristofol Kendi

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

This study examines the construction of narratives on immoral issues in political discourse through a critical approach. Immoral issues are often used as political tools to build an image, discredit opponents, or divert public attention from the main issues. This study focuses on how immoral issues are designed, disseminated, and received by society through media and political discourse. Using critical discourse analysis, this research explores the relationship between power, ideology, and the representation of immoral issues in a political context. The findings show that immoral issues are frequently manipulated to influence public perception, control political narratives, and reinforce the dominance of certain groups. The implications of this practice include the distortion of public space, the decline in the quality of political discourse, and threats to democratic integrity. This study highlights the importance of critical literacy in political discourse to foster healthier and more substantive discussions.

Fairus Hasna; Rahayu Subekti; Rosita Candrakirana

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

The management of mining waste is a crucial aspect in maintaining the balance between the exploitation of natural resources and environmental protection. PT Aneka Tambang Tbk (Antam), as a mining company, strives to implement sustainable waste management policies to support the concept of Green Business in Indonesia. This study aims to analyze the role of national and international regulations in mining waste management and the implementation of these policies by Antam based on its 2020-2023 sustainability report. Using a normative juridical approach, this research finds that although regulations governing waste management are in place, challenges remain in their implementation, including harmonization with international standards and the effectiveness of supervision mechanisms. Therefore, strengthening regulations and enhancing transparency in waste reporting and management are necessary to ensure that the mining industry aligns with sustainability principles.

Ariqah Nur Faizah; Mawar Mawar

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

At present, competition in the banking industry is very tight and each banking company competes in prioritizing their strategies to improve the quality of the services they provide to their customers. One of the keys to producing quality services is by conducting human resource development activities. To support this, PT Bank BNI has several programs that are used to improve the competence of employees including the Daily Exercise Employee Program 46 (DEEP 46), BNI Smarter, and trainings that are usually held by the BNI Corporate University (BCV) division. The purpose of this study was to determine and analyze human resource development and to determine the supporting and inhibiting factors at PT BNI (Persero). The research method used in this research is descriptive qualitative. The data collection techniques used are interviews, documentation, and observation. The results of the research on human resource development at PT Bank Negara Indonesia (Persero) from three indicators, namely, (1) Knowledge, there are still employees who do not understand the material and conduct their own class sessions with employees who are better at mastering the material that has been taught during training activities, (2) Skills (ability), there are still obstacles that affect the performance of employees, (3) Skills, there are still employees whose abilities do not develop after participating in training activities.

Jeffenri Lumban Batu; July Esther

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The resolution of land disputes through the judicial process is a step taken when non-litigation settlement efforts fail. This process involves a series of legal procedures aimed at enforcing land rights, including proof of ownership and other related rights. This article aims to analyze the procedures, challenges, and effectiveness of land dispute resolution in court. Using a normative-empirical approach, this study finds that although the judicial system provides a clear mechanism, there are several obstacles, such as lengthy legal processes, high costs, and the complexity of proving ownership, which can delay dispute resolution. In this regard, it is important for the parties involved to understand the applicable legal procedures and utilize alternative dispute resolution methods that can expedite land dispute resolution, such as mediation and arbitration. This study also recommends improvements in the judicial system and more efficient approaches to handling land disputes in the future.

Putri Melati Nur Hidayah; Anjar Sri Ciptorukmi Nugraheni

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

This study compares the legal protection of pre-project selling property contracts in Indonesia and Singapore, focusing on the regulation of the position of PPJB, consumer protection, and the mechanism of transfer of ownership and payment. The approach used is normative with legislative and comparative methods, relying on primary and secondary legal materials through literature studies. Descriptive and comparative analysis reveal significant differences in the legal arrangements of the two countries. In Indonesia, Law No. 8 of 1999 and Law No. 1 of 2011 regulate pre-project selling through PPJB, but supervision is weak so that it often harms consumers, such as in the case of Meikarta. In contrast, Singapore has more detailed regulations, such as the Housing Developers (Control and Licensing) Act, which requires escrow accounts for consumer funds and strict payment schemes. Supervision and law enforcement in Singapore are more effective with strict sanctions against violations, reinforced by jurisprudence such as the Jurisprudence of Tan Eck Hong v Maxz Universal Development Group Pte Limited (2012) SGHC 240. This study concludes that legal protection in Singapore is more advanced than Indonesia, providing important recommendations for property law reform in Indonesia to prevent disputes and abuse in property transactions.

Gessica Aulya Rahmy Dias; Purwono Sungkowo Raharjo; Sapto Hermawan

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

This research aims to find out how the relevant regulations and governments in Indonesia and Malaysia work to protect consumers of open banking applications. The type of research used is normative legal research, prescriptive and applied in nature using deductive syllogism reasoning method analysis. The approach used is a statutory approach (statue approach) and comparative approach with primary legal materials including various types of laws and regulations regarding consumer protection in Indonesia and Malaysia, as well as secondary legal materials including books, journal articles, and official documents. The results show that there are differences in consumer protection in Indonesia and Malaysia which are analyzed through 4 (four) indicators, namely consumer protection regulations, consumer protection law enforcement agencies, consumer dispute resolution mechanisms, and open banking supervisory institutions.

Pirma Ivan Ricky Manurung; Sulyaprilawati Battri Siahaan; Abdul Rahman Maulana Siregar

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

Informed consent is an essential element in health services, including in the field of anesthesiology and intensive care, which have high risks and involve critical medical decisions. This study aims to analyze the procedures and implementation of informed consent for patients in the anesthesia and intensive care unit, highlighting the legal and ethical aspects of decision-making. A qualitative approach was used to evaluate patients' and families' understanding of the medical information provided, their rights in agreeing to or refusing medical treatment, and the role of doctors in ensuring that consent is given voluntarily and informatively. Data were obtained through in-depth interviews with health practitioners and a review of related legal and medical ethics literature. The results of the study indicate that the implementation of informed consent in the intensive care unit and anesthesiology unit often faces challenges due to the critical condition of the patient, time constraints, and the complexity of communication. Therefore, this study recommends strengthening communication policies and training for medical personnel to ensure that patient rights are met and medical actions can be carried out in accordance with applicable ethical and legal principles.

Haris Putra Utama Limbong; Yasmirah Mandasari Saragih; Tamaulina Br. Sembiring

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Narcotics are substances or drugs derived from plants or non-plants, either synthetic or semi-synthetic, which can cause decreased or altered consciousness, loss of feeling, reduced or even eliminated pain, and can cause dependency. Drug abuse in Indonesia has reached a very worrying stage. Drugs no longer recognize age limits , old people, young people, teenagers and even children are users and dealers of illegal drugs. The illegal distribution of drugs in Indonesia is no less worrying, drugs are not only circulating in big cities in Indonesia, but have also penetrated into small areas. The problem raised in this study is the role of the North Sumatra regional police in uncovering narcotics crimes. The type of research used is empirical legal research with conceptual approach methods, legislative approaches, and sociological approaches. The types of data are primary data and secondary data, while the data sources for this study come from the results of interviews with respondents and informants. It was concluded that the role of the North Sumatra Regional Police in disclosing narcotics crimes is that the police conduct counseling in schools, install banners, pamphlets on the highway, carry out patrols and police operations. Furthermore, the police enforce the law starting from the investigation stage to the transfer of cases to the District Court while still referring to Law No. 2 of 2002 concerning the Police and other related regulations. The obstacles faced by the North Sumatra Regional Police are: Community factors, Limited Human Resources, Limited operational funds and Law enforcement factors .

Ritian Handayani; Yasmirah Mandasari Saragih

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This article proposes to review the handling of corruption cases in terms of juridical and morality in Indonesia. This study is a normative legal study with descriptive analysis. This study uses a philosophical approach and a conceptual approach to determine the efforts made by the government to overcome corruption in Indonesia from the juridical and moral aspects of the Indonesian people based on the Pancasila Ideology. Efforts to eradicate corruption have not been able to be overcome optimally because they are spread sporadically in Indonesia. Obstacles are occurring structurally, culturally, instrumentally and management. Prevention and eradication of corruption must be emphasized as the moral responsibility of the Indonesian people. Because it will be one of the biggest threats to the existence of the Indonesian nation. Prevention of corruption must be carried out systematically by strengthening regulations and conducting international cooperation on the issue of corruption as a crime against Human Rights throughout the world, especially in Indonesia. That aspect of law enforcement in eradicating criminal acts of corruption requires the role of all parties involved in achieving the target of eradicating corruption that is rampant in Indonesia, there are four factors causing corruption; political and legal factors, historical factors, social factors and cultural factors, and economic factors. Concrete solutions in eradicating corruption are needed by Indonesia to redesign public services, strengthen transparency, supervision and sanctions against government activities related to the economy and human resources, increase the empowerment of supporting instruments in preventing corruption and to ensure that law enforcement is free from corruption. The strategy to eradicate corruption must be built with the will of all parties who want to eradicate corruption itself, by not giving the slightest tolerance in the act of corruption itself. In realizing an effort to eradicate corruption itself, it requires determination in meeting the prerequisites in terms of existence driven by political ability and will and a strong commitment from all parties, transparent and accountable in its implementation, available and balanced resources and capacity.

Lindawati Br Surbakti; Suci Ramadani; Rahmayanti Rahmayanti

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

Guidance is one of the duties of the Community Guidance Officer which aims to make correctional clients, both adult clients and child clients, become better people, can be accepted in the midst of family and society. Since the enactment of Law Number 22 of 2022 concerning Corrections, the role of Community Guidance Officers is very important because Community Guidance Officers are tasked with accompanying clients while they are in and outside the criminal justice process to prepare clients for the social reintegration process. The research method used in this study is empirical juridical. The data used in this study uses a descriptive analytical approach, namely research that describes and analyzes data obtained from interviews, documents, and field notes. Guidance carried out by Community Counselors for adult clients begins at the pre-adjudication, adjudication, post-adjudication and follow-up guidance stages with the understanding that after the reintegration program has been successfully proposed, the client will receive a Decree (SK) and will be handed over by officers from the Correctional Institution or State Detention Center to the Correctional Center, then that is the beginning of the guidance stages carried out by Community Counselors. Community Guidance at the Medan Class I Correctional Center also faces obstacles in implementing guidance for adult clients, but several efforts have been made to reduce obstacles with the aim of preventing adult clients from repeating criminal acts that cause client reintegration guidance to be terminated and must be revoked.

Erick Suprianto Nahusona; Vincent Anderson Simanjuntak; Gan Godsend

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

Thel delath pelnalty has beleln a folrm olf punishmelnt sincel ancielnt timels and has belcolmel an intelnsel colnvelrsatioln amolng elxpelrts belcausel olf thel colntradictolry valuels helld by its suppolrtelrs and olppolnelnts. This study appliels a nolrmativel lelgal relselarch approlach tol asselss thel implelmelntatioln olf thel delath pelnalty in colrruptioln casels frolm thel pelrspelctivel olf human rights proltelctioln. In this study, thel data analysis melthold useld was qualitativel data analysis with a delscriptivel approlach. Thel usel olf thel delath pelnalty as a sanctioln folr colrruptioln is thel molst elxtrelmel folrm olf punishmelnt folr pelrpeltratolrs olf such crimels, belcausel it invollvels taking livels as a relsult olf thelir actiolns. Thel applicatioln olf thel delath pelnalty is colnsidelreld tol viollatel human rights, as stateld in articlels 28A and 28I olf thel 1945 Colnstitutioln, Articlel 4 and Articlel 9 olf Law Nol. 39 olf 1999, and articlel 3 olf thel UDHR. Thel implelmelntatioln olf thel delath pelnalty in colrruptioln casels sparkeld delbatel frolm a human rights pelrspelctivel. Solmel arguel that such melasurels arel colntrary tol human rights, particularly thel right tol lifel.