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Panji Lanjuardi; Bahrul Ulu; Hermanto Harun; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

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

Ninu, Stefanus

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of the digital era has significantly transformed government administration, particularly in technology-based public services. This transformation requires strengthening the principles of good governance, which include transparency, accountability, public participation, effectiveness, efficiency, and legal certainty. State Administrative Law plays a strategic role in ensuring that bureaucratic digitalization remains within the correct legal framework and does not deviate from good governance principles. This study employs a normative juridical approach with a literature review method to analyze the role of State Administrative Law in strengthening good governance in the digital era. The findings show that State Administrative Law functions as an instrument of legality, discretionary control, data protection, improved accountability, and enhanced public service efficiency. Thus, State Administrative Law is not only regulatory but also adaptive to technological developments in achieving good governance in the digital era.

Nikmah, Mi Afifah; Siregar, Zalfa Nadhifah Umaimah; Simarmata, Anggi Sri Haryati

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

This research is motivated by the escalating prevalence of illegal online lending practices in Indonesia, which generate a multitude of legal problems, particularly those concerning the validity of loan agreements and debt collection practices. The simplicity of access through smartphone applications, rapid processing times often approved within minutes and minimal administrative requirements have rendered these services immensely popular among the public. However, this accessibility also paves the way for unlicensed providers to operate unchecked, preying on desperate borrowers. The study aims to analyze the legal validity of illegal online loan agreements pursuant to the Indonesian Civil Code (KUHPerdata) and regulations issued by the Financial Services Authority (Otoritas Jasa Keuangan, OJK). Additionally, it examines the legal position of debt collection from a civil law perspective. A normative juridical method is employed, utilizing statutory and conceptual approaches, with qualitative analysis of the data. The results demonstrate that illegal online loan agreements fail to fulfill the requirements for a valid contract, especially regarding the legal capacity of the parties and lawful cause, categorizing them as null and void by operation of law. Nevertheless, in practice, unlicensed providers continue debt collection efforts, frequently employing methods that violate the law, such as harassment and intimidation. This reveals a significant gap between legal norms and field implementation. The implications emphasize the critical need for robust law enforcement, enhanced consumer protection mechanisms, and stricter oversight of fintech lenders to establish legal certainty and justice for society.

Tubagus Muhamad Faldiansyah; Hayev Fackih Faturohman; Anggi Sri Haryati Simarmata

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

This study is grounded in the observation that the implementation of an efficient, simple, and low-cost judicial process in civil cases remains ineffective, particularly in relation to mediation as a dispute resolution mechanism. Although mediation has been incorporated into judicial proceedings with the aim of expediting case resolution, simplifying procedural stages, and reducing litigation costs for the parties, these objectives have not been fully realized in practice. This research seeks to examine the extent to which mediation in civil litigation effectively contributes to the realization of an efficient, straightforward, and affordable justice system. In addition, it aims to identify the factors that influence both the success and failure of the mediation process. The study employs a normative legal research method, utilizing statutory and conceptual approaches. The research is conducted through a literature review of primary and secondary legal materials. The findings indicate that the implementation of mediation in civil courts has not yet reached an optimal level. This is reflected in the relatively low success rate of dispute resolution through mediation, as well as the tendency for mediation to be treated merely as a procedural formality. Several contributing factors include the lack of good faith from the parties, limited time allocated for mediation, and the suboptimal role of mediators.

Intan Rachmadhani; Muhammad Insa Ansari; Teuku Saiful

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The advancement of financial technology has resulted in the creation of electronic wallets that serve not only as payment instruments but also as platforms for electronic transactions and digital loan services. This situation engenders a conflict between the implementation and the prevailing regulation, specifically Bank Indonesia Regulation Number 18/40/PBI/2016 regarding Payment Transaction Processing, which raises concerns about legal certainty and user protection, particularly in relation to the delineation of supervisory authority between Bank Indonesia and the Financial Services Authority. This research aims to elucidate the regulation of electronic wallets in terms of legal clarity, legal protection, and oversight by the Financial Services Authority and Bank Indonesia concerning the adoption of electronic wallets. This study employs a normative legal methodology. Data is derived from secondary sources, encompassing primary, secondary, and tertiary legal literature. This study employs both a legislative and a conceptual methodology. The research findings suggest that the regulation of electronic wallets, as per Bank Indonesia Regulation, has not entirely met user requirements. Bank Indonesia Regulation Number 18/40/PBI/2016, on the Implementation of Payment Transaction Processing, does not explicitly address legal certainty and legal protection for users who deposit funds or utilise digital loan services on electronic wallets. This situation establishes a disparity between regulatory implementation and governing rules, which may result in insufficient oversight of electronic wallet operations and a discord of authority between Bank Indonesia and the Financial Services Authority regarding the supervision of financial transactions in Indonesia.

Muhammad Al Ghifari; Muhammad Adjie Ar Rauuf Mikail; Muhammad Ichlas Ramadhan; Andrian Jeremy Marulitua Sigalingging

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study examines in depth the responsibility of the Pangkalpinang City Government in maintaining environmental cleanliness. Such responsibility is not merely an administrative obligation but a constitutional mandate as stated in the 1945 Constitution of the Republic of Indonesia. Every citizen, including the people of Pangkalpinang, has the right to live in a clean and healthy environment, while the local government is obliged to ensure the fulfillment of this right. This research analyzes the extent to which the local government has carried out its responsibilities through preventive measures (such as formulating regulations and supervising permits) and enforcement actions (including imposing sanctions and restoring the environment). The findings reveal several obstacles, such as limited budget, weak inter-agency coordination, and low public awareness regarding environmental cleanliness. Therefore, although the legal framework is well established, strong commitment, synergy, and continuous efforts from all stakeholders are required to realize a clean and sustainable Pangkalpinang City.

Muhammad Raihan Sam; Tasya Kusuma Wardani

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

This study aims to analyze legal protection for victims of violence against women and children from a victimology perspective in Indonesia. The research employs a normative legal method with statutory and conceptual approaches. The results indicate that Indonesia has established adequate legal regulations to protect victims; however, their implementation remains suboptimal and not fully victim-oriented. Victimology emphasizes the importance of fulfilling victims’ rights not only through legal protection but also through psychological and social recovery. The main challenges include limited access to legal aid, lack of understanding among law enforcement officials, and socio-cultural factors that influence victims’ willingness to report cases. Therefore, strengthening the victimology approach within the criminal justice system is necessary to ensure more just and comprehensive protection for victims. Furthermore, community involvement is crucial in supporting victims and reducing negative stigma against them. Providing information and education to the public and law enforcement regarding the rights of victims of violence is a crucial step in achieving effective protection.

Riyan Zulfa Rizki; Ilyas Ismail; Muhammad Insa Ansari

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Land acquisition for public purposes is intended to ensure land availability for development while safeguarding the rights of affected parties through fair and equitable compensation as regulated under Law Number 2 of 2012 and its implementing regulations. However, disputes over land ownership often prevent direct payment of compensation, thereby necessitating the use of a consignment mechanism through the court. This study examines the implementation of consignment for disputed land and analyzes the legal standing and fulfillment of rights of both the prevailing and losing parties in the land acquisition process for the development and revitalization of Balohan Port, Sabang. The research addresses the problem of how compensation is secured and distributed when ownership remains contested, and whether the mechanism ensures legal certainty and justice for all parties involved. Employing an empirical legal method with a qualitative approach, data were collected through interviews and document analysis. The findings reveal that consignment functions as a legal instrument to safeguard and temporarily suspend compensation payment until a final judicial determination is reached. Supreme Court Decision Number 1675 K/Pdt/2021 affirms that the prevailing party is entitled to full land compensation as recognition of proprietary rights, while building compensation may be relinquished through a peace agreement and social compensation partially allocated. Conversely, the losing party forfeits land rights but retains full building compensation and partial social compensation based on the settlement deed. The study concludes that dispute resolution in land acquisition extends beyond final court judgments and requires non-litigation mechanisms to ensure proportional distribution of rights, thereby reinforcing legal certainty, preventing further disputes, and ensuring equitable protection in public interest development.

Desak Kadek Era Dewi Susanti; Ni Putu Rai Yuliartini; Dewa Gede Sudika Mangku

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

This research aims to examine the provisions and status of probation as a principal punishment in the National Criminal Code, as well as its relevance to achieving the objectives of reforming the penal system in Indonesia. The research design employed is normative legal research using a legislative and conceptual approach. The data utilized consists of secondary data obtained through a literature review, analyzed using qualitative descriptive techniques. The results of the research show that probation under Law No. 1 of 2023 on the Criminal Code has been established as one of the principal penalties that can be directly imposed by a judge, thus no longer merely a component of conditional sentences as in the old Criminal Code. This regulation reflects a paradigm shift in sentencing from a retributive approach toward a rehabilitative and restorative approach by providing offenders with the opportunity to remain within the community under supervision. However, its implementation still faces challenges, including the absence of comprehensive technical regulations, potential conflicts of norms, and institutional limitations in carrying out supervision. Therefore, supervised probation holds significant relevance as a more humane sentencing alternative, although it requires strengthened regulations and a supervision system to ensure its effective and consistent application.

Aminudin J. Dunggio; Dian Ekawty Ismail; Erman I. Rahim

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

The purpose of this writing is to analyze Article 14 of Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning the Eradication of Corruption has a delegative character, because its enactment depends on the provisions of other laws that expressly declare a violation as a criminal act of corruption. The construction of these norms in practice gives rise to ambivalence in law enforcement, especially when various acts that are detrimental to state finances occur in strategic sectors that are not explicitly qualified as corruption crimes in sectoral laws. This condition has the potential to create a legal vacuum and hinder the effectiveness of eradicating corruption as an extraordinary crime. This study aims to analyze the practice of implementing Article 14 of the Law on the Eradication of Corruption and examine these provisions from the perspective of legal certainty, justice, and criminal law policy. The research method used is normative legal research with a legislative approach and a case approach. Research data was obtained through literature studies on primary, secondary, and tertiary legal materials that were analyzed qualitatively. The results of the study show that the delegative and limiting nature of Article 14 has implications for the low predictability of the law and opens up ambivalence between norms and law enforcement practices. In reality, law enforcement officials often apply the Corruption Crime Law to acts that are normatively outside the scope of Article 14, taking into account the existence of state financial losses and the interests of substantive justice. Therefore, Article 14 needs to be interpreted systemically and progressively and supported by the reformulation of norms and harmonization of laws and regulations to be in line with the dynamics and complexity of modern corruption crimes.

Ni Nengah Eilsa Ayu Mediana

Pemuliaan Keadilan 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Adoption is an act of adopting a child which, according to legal regulations, transfers the rights and responsibilities of the child from their biological parents to their adoptive parents. This study aims to examine the legal framework governing the legal determination of adopted children. This research was conducted using a juridical-normative research approach. This study focuses on reviewing the status of an adopted child, including their position in obtaining inheritance rights, using a review of the Civil Code and other applicable regulations. Based on the analysis that has been carried out, the position or status of a child adopted by adoptive parents has a legal status if it is carried out through applicable legal procedures, which means that the child has equal rights to biological children. This research is expected to contribute to providing references for firmness in family law that is more certain and does not harm any party.

Fryandi Simanullang; Norma Yulita Sari

Pemuliaan Keadilan 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Inequality in Indonesia remains significant, particularly due to the concentration of wealth among high-net-worth individuals (HNWIs). Emphasizing the importance of addressing this disparity can motivate policymakers to pursue equitable solutions, thereby promoting social justice through wealth taxation. Using a literature review and an empirical legal approach, this research analyzes relevant regulations, policy discussions, and academic literature on wealth taxation in Indonesia. The study also evaluates institutional readiness and potential challenges in implementing such a policy. The results indicate that the wealth tax has considerable revenue potential, ranging from IDR 54 trillion to IDR 155.3 trillion, depending on the tax model applied. Highlighting this potential can empower policymakers and foster optimism about the tangible benefits of implementing such a policy.

Novi Wulandari; Ida Keumala Jeumpa; M. Yakub Aiyub Kadir

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The resolution of juvenile cases in Indonesia requires a restorative justice approach as outlined in Law Number 11 of 2012 on the Juvenile Criminal Justice System (UUSPPA). However, Article 7, paragraph (2) restricts diversion to crimes punishable by less than seven years, excluding repeat offenders. This presents challenges for minors involved in serious crimes, such as rape, leading to concerns over child protection and fairness in the justice system. The implementation of diversion in the Syari’ah Court follows national juvenile justice protocols but faces challenges, especially in maintaining consistency across law enforcement agencies and regions. The study employs an empirical juridical approach and explores the challenges of implementing diversion in the Aceh Sharia Court. Findings reveal that diversion efforts are often inconsistent and rely on the discretion of authorities. Although the Child Criminal Justice System Law mandates diversion for cases involving crimes with sentences under seven years and non-recidivists, its actual application varies. For instance, rape cases between 2020 and 2023 show that some were excluded from diversion due to their serious nature, while others still pursued diversion despite the potential for sentences exceeding seven years.

Ryan Rudyarta; Dodi Sugianto

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The role of ports as crucial nodes in the global supply chain positions the maritime sector as one of the most dynamic industries worldwide. This research analyzes the strengthening of business law support maritime sector integration to enhance port operational efficiency and the role of business law instruments in realizing the principle of fair competition within ports. This research employs a normative legal approach focusing on the study of existing legal norms and regulations governing port management and maritime integration. The strengthening of business law in the maritime sector plays a crucial role in improving port operational efficiency. A strong and well coordinated business law framework will create ports that are more efficient, competitive, and adaptive to the changing demands of the global market. Several key principles must be developed. First, rules on information disclosure and accountability to ensure transparency in port governance. Second, prohibitions against abuse of dominant positions and oversight of vertical integration to prevent anti-competitive practices. Third, clear contractual norms and governance structures for public private partnerships (PPP), including proportional risk-sharing mechanisms to ensure fairness and efficiency in infrastructure development. Fourth, multi-level governance alignment across national and regional authorities to prevent incentive distortions.

Berlian Adinda Syafira; Fristia Berdian Tamza; Rinaldy Amrullah

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

The rapid development of information and communication technology has led to the emergence of various forms of digital-based crimes, including the dissemination of electronic information containing online gambling content through social media. This situation poses challenges for criminal law enforcement, as the parties involved are not limited to gambling operators but also include individuals who promote and facilitate access to online gambling platforms. This study aims to examine criminal liability for perpetrators who disseminate electronic information containing gambling content and to analyze judicial considerations in sentencing, referring to the Decision of the Tanjung Karang District Court Number 823/Pid.Sus/2024/PN Tjk. The method used is normative juridical research with statutory, conceptual, and case approaches. Data were collected through literature studies of relevant regulations, criminal law doctrines, and court decisions, and then analyzed using a descriptive qualitative method. The results show that the elements of criminal liability are fulfilled, including the existence of a criminal act, intent, capacity to be responsible, and the absence of grounds that eliminate criminal liability. Furthermore, the panel of judges’ considerations reflect a balanced assessment between juridical and non-juridical aspects, resulting in a decision that embodies legal certainty, justice, and utility. This study is expected to contribute to the development of criminal law, particularly in addressing online gambling crimes in the digital space.

Putri Debora Silalahi

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

The revocation of business licenses by the President of the Republic of Indonesia against 28 companies proven to have violated forest utilization regulations signifies a shift in environmental law enforcement from a predominantly punitive criminal approach to preventive administrative measures. This article aims to analyze the legal basis of the President’s authority to revoke business licenses related to natural resource utilization, to position license revocation as an instrument of environmental law enforcement within Indonesia’s legal system, and to assess its implications for environmental protection and legal certainty for business actors. This study employs a normative juridical research method using statutory and conceptual approaches. The findings indicate that Presidential license revocation possesses juridical legitimacy within the framework of the rule of law and environmental and forestry legislation. Nevertheless, the implementation of such a policy requires clear administrative procedural standards to ensure legal certainty and to prevent potential abuse of power. This article concludes that license revocation can function as an effective environmental law enforcement instrument provided that it is accompanied by adequate oversight mechanisms and due process of law.

Ayunda Fitria Ramadhani; Julianes Rani Agustina

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The implementation of a reward and punishment system is considered capable of improving employee work discipline. Rewards are given to encourage employee morale, while punishments are given as a reminder of the consequences of misconduct. This study aims to describe the implementation of the reward and punishment system in the Civil Service. Through a qualitative approach with in-depth observation, structured interviews with employees, and documentation studies. The results of the study found that the implementation of the reward and punishment system has been carried out well, with rewards given based on the level of discipline and performance of employees, while punishments are given based on the type of violation committed. The rewards given include Additional Employee Income, the Satyalancana Karya Satya award, exemplary employee awards, internship certificates, and retirement awards. Meanwhile, the punishments given include verbal warnings, written warnings, deductions from Additional Employee Income, and severe sanctions for employees with serious violations.  

Annisa Rizky Nadya; Monica Erda Amalia; Nadia Lutfi Natasya; Rizha Claudilla Putri

Referendum : Jurnal Hukum Perdata dan Pidana 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the juridical mechanism and implementation of canceling unilateral actions by bankrupt debtors through the actio pauliana lawsuit, providing legal protection for creditors. Debtors often transfer assets before bankruptcy, reducing the value of the bankruptcy estate and harming creditors. Using a normative legal research method with statutory and conceptual approaches, this study explores the legal basis of Article 1341 of the Indonesian Civil Code, as elaborated by Articles 41 to 50 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUKPKPU). The analysis shows that canceling unilateral actions, such as asset transfers, grants, or debt waivers, requires evidence of bad faith and awareness of potential losses by both debtors and third parties. This lawsuit serves as a claw-back provision to retrieve assets that were wrongfully removed from the bankruptcy estate, ensuring the pari passu pro rata parte principle. The main obstacle is proving the subjective element of "knowledge" and the conflict of interest with protecting third parties acting in good faith. In conclusion, strengthening the curator’s role and aligning the interpretation of commercial court judges is crucial to protect creditors' economic rights from manipulative actions by debtors.

Alfa Beta Seli Ananda; Maya Shafira; Muhammad Farid; Ahmad Irzal Fardiansyah; Rini Fathonah

Referendum : Jurnal Hukum Perdata dan Pidana 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes law enforcement related to the application of the death penalty with a ten-year probation period as stipulated in the Criminal Code (KUHP). The results of the study show that the enforcement of the conditional death penalty is carried out in three stages, namely the formulation, application, and implementation stages. The formulation stage is reflected in the establishment of the death penalty as a special alternative and conditional punishment in Law Number 1 of 2023, the application stage is carried out through the application of norms by law enforcement officials, while the implementation stage relates to the execution of court decisions against convicts. The change in the construction of the death penalty from an absolute primary punishment to an alternative and special conditional punishment has fundamental legal implications for the criminal justice system in Indonesia, especially with the existence of discretion for judges and law enforcement officials to assess the possibility of changing the type of punishment based on the convicted person's remorse and efforts to reform themselves during the probation period.

Harianto Sitepu; Risnita Risnita; Hermanto Harun; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Drug misuse continues to be a complicated social and legal issue that has an impact on societal stability, public health, and personal wellbeing. Many criminal justice systems have moved away from punitive tactics in favor of rehabilitation-focused ones in recent years, especially for drug users who are frequently viewed as sufferers of addiction rather than serious criminals. The National Narcotics Agency (BNN) in Indonesia is implementing rehabilitation programs and restorative justice processes as a result of this change. This study investigates the efficacy of restorative justice in drug rehabilitation at Jambi Province's National Narcotics Agency and evaluates its applicability from the standpoint of Islamic law, specifically the framework of maqāṣid al-sharīʿah. The study uses a case study design and a qualitative methodology. Participant observation, document analysis, and in-depth interviews with BNN officials, rehabilitation counselors, medical staff, and ex-drug users were used to gather data. The results show that an integrated evaluation system that assesses drug users' physical, psychological, and social states in order to determine their eligibility for recovery is used to institutionally apply restorative justice principles. Combining medical care, psychological counseling, and social reintegration programs, the rehabilitation programs greatly aid in participants' recuperation, enhance psychological stability, and fortify familial ties. Additionally, by promoting individual responsibility, family support, and community involvement, restorative justice-based rehabilitation lowers the risk of recidivism. From the standpoint of Islamic legal philosophy, these actions are consistent with the goals of maqāṣid al-sharīʿah, specifically the defense of human dignity, life (ḥifḍ al-nafs), and intellect (ḥifḍ al-ʿaql). According to the study's findings, restorative justice-based rehabilitation is a compassionate and successful method of treating drug dependency while encouraging social reintegration and long-term recovery.