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Muhammad Riadi Setiawan; Dendi Marcello

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Banks are financial institutions that play a very important role in the economy and continue to innovate by developing various new forms and services. Spin-offs of Sharia Business Units (UUS) are a new method in the world of Islamic banking with the aim of becoming independent Islamic banks in conducting business activities based on sharia principles. The spin-off of the SBU is one of the main focuses of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector. Furthermore, referring to the provisions in Financial Services Authority Regulation Number 12 of 2023 concerning Sharia Business Units, conventional banks can carry out banking activities in accordance with sharia principles by being required to open an SBU. This shows that the UUS is a unit that remains part of the conventional bank, and the provisions governing its activities, even though they are carried out by conventional banks, must still follow sharia principles, including prohibiting interest-based transactions. This study shows that spin-offs of UUS have great potential to drive the growth of Islamic banking. A spin-off is a company's decision to restructure, which has various legal implications. Although spin-offs of Islamic banks have the potential to improve the performance of Islamic banking, government policies that require spin-offs without considering the specific context of each bank can hinder the development of this sector. The implementation of mandatory spin-off policies needs to be balanced with more comprehensive government policy support.

Raymundus Anthony Samadi; Andi Faisal Bakti

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The transformation of political communication in the digital era has fundamentally altered the ways political parties and their affiliated wing organizations interact with party cadres and the broader public. In Indonesia, party wing organizations such as Angkatan Muda Pembaharuan Indonesia (AMPI), Angkatan Muda Partai Golkar (AMPG), and other youth wings increasingly rely on social media as the primary medium for political cadre formation. However, this shift has not only created new opportunities for participation but has also generated structural problems, including the dominance of symbolic communication, the personalization of political elites, and the subordination of ideological discourse to the algorithmic logic of digital platforms. This article aims to critically examine how the digital political communication of party wing organizations operates within the context of Indonesia’s representative democracy, the extent to which it constitutes a deliberative public sphere for young cadres, and how such practices affect the quality of political cadre formation. Employing a critical paradigm and a transdisciplinary qualitative approach, the study integrates Habermas’s theory of the public sphere, Aeron Davis’s evaluation of democratic communication, and the concept of the mediatization of politics. The findings indicate that the digital communication of party wings tends to function primarily as an instrument of symbolic consolidation and loyalty mobilization rather than as an arena for dialogical political education. Consequently, digital cadre formation produces representational identities more than critical political consciousness. This article therefore recommends a reorientation of the digital political communication of party wing organizations toward deliberative and emancipatory models in order to strengthen internal party democracy and promote substantive political regeneration.

Abdul Malik Mahir Mustafa; Insan Tajali Nur; Rahmawati Al Hidayah

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The untimely formation of government regulations on the delegation of laws is still a serious problem in the practice of forming laws and regulations in Indonesia. It was recorded that from 2021 to 2023 there were 16 government regulations that were formed late, which shows that there are problems in the follow-up mechanism for legislation delegations. The author analyzes whether the government has a legal obligation in the timeliness of the formation of government regulations as implementing rules. In addition, this study also examines the juridical and practical implications of the law if a delegated government regulation is formed late. The data used are quantitative and supported by doctrinal research methods through the analysis of laws and regulations, expert opinions, and related legal literature. The results of the study show that the government has a legal obligation to form government regulations in a timely manner. The delay in the formation of government regulations has an impact on disrupting the effectiveness of the implementation of the law and causes some provisions to not be implemented optimally because the implementing instruments are not yet available according to the specified deadline. In addition, these delays have the potential to cause legal uncertainty for the public, law enforcement officials, and policy implementing agencies. The vacuum of implementing rules can also trigger differences in interpretation, hinder policy implementation, and increase the risk of legal disputes. Therefore, this study emphasizes the importance of stricter monitoring and evaluation mechanisms against the deadline for the formation of government regulations to ensure legal certainty and regulatory effectiveness.

Muhammadong Muhammadong

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In Islamic law, marriage registration is very significant for both legal and religious reasons. It is a crucial part of making sure that both the administrative duties of marriage and the safety of the family are protected. In Islamic law, marriage is not just a social contract but also a religious duty that necessitates adequate documentation to safeguard the rights of both parties involved. This paper seeks to investigate the notion of marriage registration through the lens of Islamic law, analyzing its function in protecting familial rights, providing legal safeguards, and performing administrative responsibilities. The study methodology utilized is a qualitative approach, incorporating a literature review and document analysis of Islamic legal texts and pertinent current legal systems. The results show that registering a marriage in Islamic law is important not just for making the marriage official, but also for getting legal recognition, avoiding conflicts, and making sure that family members, especially women and children, are safe under the law. The registration process also makes it clear what the marriage's legal status is and what it means for things like inheritance, custody, and other family issues. In conclusion, marriage registration is an important part of Islamic law that upholds justice, protects the family, and makes sure that the marriage is legally protected and accountable.

Fabrizio Richardo Marvil Wanggai; Made Sugi Hartono; Ni Putu Ega Parwati

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of artificial intelligence technology, particularly deepfake, poses significant challenges to legal protection due to its potential misuse for identity manipulation, defamation, and other cybercrimes. This phenomenon highlights a gap between technological advancement and the readiness of legal regulations in Indonesia. This study aims to analyze forms of deepfake misuse and to assess the effectiveness of existing legal frameworks in providing legal protection and certainty. The research employs a normative legal method using statutory and conceptual approaches by examining legislation, legal doctrines, and relevant scholarly literature. The findings indicate that Indonesian positive law does not yet specifically regulate deepfake technology, resulting in law enforcement relying on general provisions of criminal law and the Electronic Information and Transactions Law. The implications of this study emphasize the urgency of regulatory reform and the formulation of adaptive legal policies to address digital technological developments in order to ensure legal protection and justice for society.

Belva Rajendra; Kukuh Tejomurti

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of technology-based peer-to-peer financing services (LPBBTI) in Indonesia, including platforms like Shopee Paylater, has facilitated easier access to credit. However, this progress is accompanied by cybersecurity risks, such as unauthorized use and account breaches. This study aimed to (1) analyze the operation of LPBBTI under prevailing regulations, and (2) examine the legal liability of parties in cases of Shopee Paylater credit breaches.The study employed a normative legal approach with prescriptive characteristics, combining statutory, conceptual, and case-based analyses. Primary and secondary legal materials were obtained through literature review of Law No. 8 of 1999, POJK No. 10 of 2022, POJK No. 40 of 2024, and personal data protection regulations. The analysis was conducted descriptively and qualitatively. The findings indicate that, despite OJK regulations, Shopee Paylater’s electronic agreements still contain standard clauses that unilaterally shift all account security risks to users. This practice potentially violates Article 18(1)(a) of the Consumer Protection Law and is void under Article 18(3). Consequently, consumers remain liable for payments even if transactions are conducted illegally by third parties. In line with Article 19 of the Consumer Protection Law, service providers should assume liability, as system security is under their control.

Jessica Carina Baptista Ferreira; Dewa Gede Sudika Mangku; Ni Putu Rai Yuliartini

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the legal ambiguities surrounding the status of civilians actively engaged in hostilities (civilian combatants) within the framework of International Humanitarian Law (IHL) and International Human Rights Law (IHRL). While the 1949 Geneva Conventions and the 1998 Rome Statute establish a clear demarcation through the distinction principle, the phenomenon of direct participation in hostilities (DPH) poses a significant legal challenge, as civilians forfeit their protected status upon taking part in combat. Using a normative-legal approach, this study analyzes how acts of violence committed by armed civilians can be categorized as war crimes, crimes against humanity, or gross human rights violations. The findings demonstrate that civilian status does not grant impunity for individuals who commit atrocities. Under the principle of individual criminal responsibility, the International Criminal Court (ICC) and national tribunals possess the jurisdiction to prosecute offenders, regardless of their formal military standing. Such legal enforcement is paramount to upholding the integrity of humanitarian principles and ensuring justice for victims within the landscape of modern armed conflict.

Martha Tri Lestari

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the legal certainty of ownership of works produced by artificial intelligence (AI), specifically ChatGPT, from the perspective of Law Number 28 of 2014 concerning Copyright. The main focus of this research is to answer the question of whether works produced by AI can be copyrighted and to identify the legal challenges arising from the absence of explicit regulations in the Indonesian positive legal system. This study uses a normative juridical method with a statute approach and analysis of primary and supplementary legal materials. The study's findings indicate that, to date, there are no national regulations explicitly governing copyright recognition for works produced autonomously by AI systems. Based on the provisions of Article 1 number 3 of Law Number 28 of 2014, works must arise from human intellectual ability, therefore, AI products do not qualify as works potentially entitled to copyright protection. Therefore, legal reformulation through regulatory updates is needed to provide legal certainty and address challenges in the digital era, as well as prevent potential disputes in the national creative industry.

Yoel Edward Hasugian

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid advancement of Artificial Intelligence (AI) has significantly disrupted the global labor sector, including in Indonesia. The urgency of this study lies in the growing inequality in access to digital skills and the lack of legal protection for workers in the digital era. This research aims to analyze the impact of AI on employment in Indonesia and to assess the adequacy of labor regulations in addressing digital transformation. This study employs a normative legal method with a juridical-empirical approach, utilizing literature review, secondary data, and qualitative analysis of labor policies and relevant regulations. The findings reveal that while AI has the potential to create new types of employment, it also threatens conventional jobs, especially in labor-intensive sectors. Moreover, Indonesia's labor regulations have not yet adapted to new, flexible, and platform-based work models, resulting in legal uncertainty for informal and freelance workers. This study contributes to the discourse on the need for labor law reform that is inclusive and adaptive to technological developments. In conclusion, there is a pressing need for responsive labor regulation reform, increased digital literacy, and continuous reskilling systems to ensure that AI-driven transformation does not create new inequalities in the labor market. Future research is recommended to focus on formulating new legal protection models for digital workers in the AI era.

Putu Tirta Megawati

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the integration of Intellectual Property Rights (IPR) into Corporate Social Responsibility (CSR) as a strategic legal instrument to support the development of the creative economy in Indonesia. The creative economy has become one of the main drivers of national economic growth; however, its development is often constrained by weak legal protection of intellectual property, particularly among micro, small, and medium enterprises. This research employs normative legal research using statutory and conceptual approaches. The findings indicate that the integration of IPR into CSR programs plays a significant role in enhancing legal awareness, strengthening protection of creative works, and promoting sustainable economic empowerment for communities. CSR-based IPR protection not only benefits right holders but also contributes to inclusive development and corporate sustainability. Therefore, strengthening CSR policies oriented toward IPR protection is essential to ensure balanced economic growth and legal certainty in the creative economy sector.

Wayan Zenitia Devi

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of deepfake technology, which utilises artificial intelligence to manipulate images, videos and sounds, has led to a serious threat of sextortion. In the Indonesian context, high internet penetration and low awareness of digital security increase the risk of this crime. This research analyses the legal consequences of the misuse of deepfake technology in sextortion based on the Electronic Information and Transaction Law (UU ITE). Using normative juridical methods and descriptive-qualitative analysis, this research examines the legal challenges faced in enforcing sanctions against this crime and provides recommendations to strengthen the legal framework in Indonesia. The results show that there are gaps in the legal framework that need to be addressed, as well as the importance of education and capacity building of law enforcement in dealing with cybercrime. In addition, the development of more sophisticated deepfake detection technology is expected to be a solution in tackling this abuse in the future.

Ibel Stefani Putri; Yacob Noho Nani; Romy Tantu

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This aims to examine and analyze the implementation of the cash transfer assistance policy in efforts to alleviate poverty in Moodu Urban Village, Kota Timur Subdistrict, Gorontalo City. This research employed a qualitative method. The findings indicate that the effectiveness of the policy implementation has not yet been optimal due to several influencing factors: (1) policy standards and target groups have not been fully accurate; (2) available resources, both in terms of the number of implementing personnel and supporting infrastructure, remain very limited; (3) inter-organizational communication and activity reinforcement are less effective; (4) the characteristics of implementing agents reveal that some officers do not yet fully understand the procedures and mechanisms for distributing cash transfer assistance; (5) the economic, social, and political environment of the Moodu community, which is predominantly engaged in the informal sector, presents additional challenges in ensuring program effectiveness; and (6) the attitudes of implementers, in the absence of continuous guidance and periodic supervision, increase the potential for administrative errors and inaccurate distribution.

Rabbani Priyotomo; Khaerul Umam Noer

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the effectiveness of the Jakarta Evolution (JakEVO) program in the implementation of online-based licensing services in South Jakarta, specifically for public transportation route licensing. The program was initiated as part of a public service reform effort aimed at improving accessibility, efficiency, and transparency in the licensing administration process. This study uses a qualitative descriptive approach with data collection techniques including in-depth interviews, field observations, and document studies, involving both the implementing officials at the South Jakarta UP PMPTSP and the public as service users. The findings indicate that JakEVO has positively contributed to the ease and flexibility of the licensing process, particularly in reducing the need for face-to-face interactions. However, its implementation has not yet been fully optimized due to several challenges, including limited program socialization, low digital literacy among the public, technical disruptions in the application system, and human resource capacity that is not fully adaptive to digital transformation. Additionally, the program's evaluation mechanism remains descriptive and lacks comprehensive quantitative performance indicators.

Muhamad Akmal Wahyu Andhika; Deni Deni; Muhammad Iman Nurul Nazid; Sri Mulyeni

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

This research aims to explore a culture shock phenomenon and its impact on the stress levels and adaptation processes of migrant students at PASIM national University, as individuals who move into a new environment, culture, different geographical features, migrant students often face problems in communication or psychological pressure. Data collected process done by interviewing respondents, thru qualitative method with phenomenological approach to deeply describe life experiences. Basically culture shock has four phases, start with initial disorientation and cognitive load due to the uncertainty of social life, followed by emotional pressure leading to social isolation and homesickness. After those two the adaptive coping process activated starting with building relationships with peers, after all of these phases formed the increase of post-crisis increase in intercultural and social competence. This finding indicate that early phase of culture shock does indeed have a negative impct, however, as the adaptation process an individual can develop an independence dan stronger self-identity. Conclusion, this research emphasizes the importance of internal resilience and the support external support in transforming challenges into opportunities for self-development that can lead to personal growth and benefits.

Puguh Toko Arisanto

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

The Baduy tribe is an indigenous community in Banten Province divided into two main groups, namely Inner Baduy and Outer Baduy, with varying levels of adherence to customary law and exposure to modernization. This article examines various government policies that affect the survival and identity of the Baduy tribe. These policies include the recognition of customary rights through Lebak Regency Regulation No. 32 of 2001, the designation of Kanekes Village as customary land, and the designation of the Baduy area as a tourist destination. Although these policies aim to protect the rights and preserve the culture of the Baduy, their implementation has created a dilemma. On the one hand, tourism opens up new economic opportunities and raises cultural awareness. On the other hand, the influx of tourists triggers significant social, cultural, economic, and environmental changes, especially among the Outer Baduy, including the adoption of modern technology, shifts in consumption patterns, and increased environmental pollution. Thus, preservation policies have ironically become drivers of change that undermine the Baduy community's original identity.

Sholeh Hadri; Sri Prasetya Widodo

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

The Tapal Kuda Air Salobar Food Court is one of the culinary areas that plays an important role in supporting tourism and social activities in Ambon City. This area offers a variety of local culinary specialties from Maluku which are an attraction for the community and tourists. However, the increase in the number of visitors and the activities of traders have not been fully balanced by the conditions of adequate spatial planning, facilities, and area management systems. This study aims to analyze the existing condition of the Tapal Kuda Air Salobar Food Court from the aspects of spatial planning, waste management, supporting facilities, as well as the potential and challenges of its development as a culinary tourism destination. This study uses a descriptive qualitative approach with data collection methods in the form of field observations and in-depth interviews with key informants, namely area managers, traders, and visitors. The data obtained are analyzed thematically to identify the main problems and potential development of the area. The results of the study indicate that the spatial planning of the Tapal Kuda Air Salobar Food Court has not been able to accommodate the increase in visitor and trader activities due to the lack of clear zoning, limited circulation routes, and spatial planning that develops without integrated planning. Furthermore, waste management in this area is not yet systematic and sustainable, as evidenced by limited trash bins, a lack of waste sorting, and poorly scheduled waste collection. Limited supporting facilities, such as seating and sanitation facilities, also impact the comfort and quality of the visitor experience, especially during peak visitor periods. Nevertheless, the Tapal Kuda Air Salobar Food Court has significant potential as a culinary tourism destination based on local cuisine and a social space, which can be developed through spatial planning, facility improvements, and more integrated area management. This study concludes that the revitalization of the Tapal Kuda Air Salobar Food Court requires a comprehensive approach, emphasizing spatial planning improvements, strengthening waste management, and enhancing the quality of facilities and area management to support the sustainability of culinary tourism and the quality of public spaces in Ambon City.

Rafid Algiffari

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

This study discusses the position of persons with disabilities, especially those with mental and intellectual disabilities, in carrying out legal actions following the judicial review of Article 433 of the Civil Code through the Constitutional Court Decision Number 93/PUU-XX/2022. Prior to this amendment, Article 433 of the Civil Code used discriminatory terms and automatically placed persons with disabilities under guardianship, thereby eliminating their legal capacity as independent legal subjects. This Constitutional Court decision changed the phrase "must be guarded" to "can be guarded" and emphasized that the placement of guardianship can only be made based on a competent medical diagnosis. The research method used is normative juridical through a statutory approach and court decisions. The results of the study show that the change in norms restores the constitutional rights of persons with disabilities, including the right to autonomy, equality before the law, and protection from discrimination. In addition, this change directly affects the requirements for capacity in making agreements according to Article 1320 of the Civil Code, so that persons with mental disabilities who have the capacity are still considered capable of acting. Therefore, this decision is an important step in realizing a legal system that is more inclusive, just and respects the dignity of people with disabilities.

Annisa Nur Hanifah; Hasna Yunihanifah; Yunita Nur Rahmawati; Mozart Tiasylva Syah Nuhandika; Kanaya Ayodya Indra Prasta +1 more

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Indonesia Pintar Program (PIP) serves as a strategic state instrument to ensure equitable access to education for children from low-income families, in accordance with the constitutional mandate. However, the prevalence of fund embezzlement poses a severe threat to the fulfillment of these educational rights. This study aims to analyze the structural and institutional dynamics triggering fund misappropriation, evaluate the effectiveness of current oversight mechanisms, and formulate strategies to mitigate such violations. This research employs a normative legal method with a descriptive-analytical approach, utilizing statutory and socio-legal analysis to examine regulations such as Law No. 20 of 2003 and relevant ministerial decrees. The findings reveal that embezzlement is driven by complex structural factors, including data asymmetry between Dapodik and DTKS, weak internal supervision, and a lack of transparency in fund distribution. Furthermore, legal enforcement remains suboptimal, often limited to administrative sanctions due to difficulties in proving mens rea and poor coordination among law enforcement agencies. The study concludes that current oversight mechanisms are insufficient to curb corruption in the education sector. Therefore, comprehensive reform is urgently needed, focusing on the integration of digital data systems, the implementation of e-audits, and the enhancement of civil society participation to ensure accountability. These measures are essential to protect the constitutional rights of children and ensure that education funds reach their intended beneficiaries without leakage.    

Sintia Mona Pratama; Neng Anisa Fitri Nurdiani; Salha Aulia; Muhammad Reyhanz Nugraha; Rahmat Al Kaffi +4 more

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study is a case study that analyzes the handling of sexual violence in Cianjur Regency, examining the relationship between social morality, the role of law enforcement officials, and the effectiveness of criminal law policy after the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (TPKS Law). This study uses a descriptive qualitative approach with an empirical juridical method through a sociological approach to law. Data was obtained through interviews with law enforcement officials, field observations, and a literature review of relevant legislation and scientific literature. The results of the study show that the handling of sexual violence cases in Cianjur Regency still faces obstacles in the form of weak social morality, strong stigma against victims, and a patriarchal culture that affects reporting and law enforcement processes. In addition, the role of law enforcement officials has not been optimal due to limited capacity, coordination between institutions, and a lack of sensitivity to the victims' perspective. This study recommends strengthening the capacity of law enforcement officials through training on gender perspectives and the implementation of the TPKS Law, continuous education on social morality at the community level, and strengthening inter-agency coordination to improve victim protection and the effectiveness of criminal law policy in Cianjur Regency.

Britanya Bonauli Hutapea

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Cooperatives, as the backbone of the people's economy, play a strategic role in improving the welfare of their members, particularly through the management of business profits. This role becomes even more complex when cooperatives receive government assistance sourced from state finances, as its management concerns not only the internal interests of the cooperative, but also the public interest. In practice, the extensive authority of cooperative administrators is often not balanced with strict restrictions and effective oversight mechanisms, thereby creating the potential for abuse of authority and weak accountability. The purpose of this study is to determine whether legal regulations can limit the authority of administrators so that they do not abuse government assistance and to determine whether existing regulations provide adequate oversight mechanisms. The research method used was normative juridical with a statutory approach and a conceptual approach. The results of the study show that normatively, the authority of cooperative administrators has been limited through the principle of delegation from member meetings and accountability obligations, and reinforced by the state financial legal regime through government assistance. In addition, the supervisory mechanism has been regulated in layers through internal and external supervision, although in practice it still has the potential to be formalistic. The implication of this study is the importance of strengthening the implementation of authority restrictions and effective supervisory mechanisms in order to realize accountable, transparent, and sustainable cooperative governance, while maintaining public trust in government assistance programs.