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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.

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.

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.    

Dicken Naluraning Yasmara; Trenda Aktiva Oktariyanda; Meirinawati Meirinawati; Eva Hany Fanida

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

The utilization of digital technology in government administration is a critical measure to improve employee performance and the efficiency of public services. However, the effectiveness of implementing this technology is highly determined by the degree to which employees accept the digital systems being used. This study aims to analyze the impact of digital technology acceptance on employee performance at the Mojoroto District Office in Kediri City. The research employs a quantitative method with an explanatory design. Information was obtained through a questionnaire survey distributed to all employees at the Mojoroto District Office, totaling 30 respondents, using total sampling techniques. Indicators of digital technology adoption were evaluated based on perceptions of benefits, operational ease, social pressure, and infrastructural support, while employee performance was assessed according to the quality of work output and responsibilities. Data analysis involved descriptive statistics, validity and reliability tests, and ordinal linear regression. The study findings indicate that digital technology acceptance has a positive and significant influence on employee performance. The coefficient of determination figure reveals that digital technology adoption can explain a large part of the fluctuations in employee performance, with the remaining variation influenced by variables outside the research model. These results imply that the greater the level of digital technology acceptance, the better the resulting employee performance. This study concludes that strengthening digital capabilities, technical guidance, and institutional support are key strategies for enhancing employee performance and public service quality at the district level.

Fredi Mainassy; Eva Lisantri; Sulviyani Suardi

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

The BIMP-EAGA Vision 2035 (BEV 2035) marks a significant paradigm shift in border management in Southeast Asia, with a primary focus on integrating a more inclusive, open, harmonized, and resilient system. In this context, sea-based border crossing posts (PLBN) in Indonesia, such as the Sebatik PLBN, the Serasan PLBN, and the Miangas and Marore Border Crossing Stations (BCS), play a strategic role as maritime connectivity nodes connecting Indonesia with neighboring countries. The transformation of these PLBNs faces several challenges, particularly related to the disharmony of CIQS (Customs, Immigration, Quarantine, and Security) regulations between countries, technical obstacles related to non-conventional vessels (NCSS), and inadequate port infrastructure. To overcome these obstacles, strategic measures are needed, such as revising cross-border trade agreements, increasing quarantine capacity and facilities, and strengthening maritime logistics networks between countries. Furthermore, the development of a sustainable blue economy in border areas is crucial to ensure that the PLBN functions not only as an administrative checkpoint but also as a key facilitator in driving economic growth based on maritime resources. Within the framework of the BIMP-EAGA Vision 2035, the Integrated Maritime PLBN is expected to reduce dependence on informal trade and improve the quality of life of border communities by accelerating connectivity, developing the maritime economic sector, and opening international market access for local products. Thus, the PLBN must transform into a catalyst for inclusive and environmentally friendly economic development in Indonesia's border regions.

Venna Paulina; Wulan Andini; Roza Andriani

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

Based on article (Shelley, 2010) Human Trafficking is the act of recruiting, transporting, transferring, harboring, or receiving individuals through force, fraud, or corcecion for the purpose of exploiting them profit. This exploitation may include forced labor, sexual slavery, or other forms of commercial sexual exploitation. It is considered a serious violation of human rights and includes a form of modern slavery, a crime against humanity. Human trafficking is a global threat that requires serious attention and real action. Factors such as poverty, political instability, and lack of public awareness make human trafficking increasingly difficult to eradicate. Therefore, there is a need for international cooperation, government, and community cooperation to prevent, protect, and recover victims of human trafficking. Human trafficking is a serious crime that continues to grow, including in Cambodia, which is vulnerable due to geographical and socioeconomic factors. This study aims to analyze the handling of human trafficking cases in Cambodia from the perspective of international legal policy. Sexual exploitation, forced labor, and organ trafficking are the main forms of this crime. Although Cambodia has adopted various laws, its implementation is still hampered by limited resources, corruption, and weak cooperation between countries. International community support such as the Palermo Protocol has helped, but law enforcement remains inconsistent. This study emphasizes the importance of stricter law enforcement and an adequate rehabilitation system for victims. Collaboration between governments and NGOs is urgently needed to create effective solutions and better protection for victims of human trafficking.

Nusdin Nusdin; Nahrum Nahrum; Alham Ananda P; Kurniati Kurniati

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

Early marriage is a social phenomenon that still frequently occurs in Indonesia and gives rise to various problems, both from the perspective of state law and socio-religious aspects. From the standpoint of state regulations, early marriage is considered a violation of statutory provisions, particularly the Marriage Law, which stipulates a minimum legal age for marriage in order to protect children's rights. This practice results in various negative impacts, including increased health risks for mothers and children, disruption of educational attainment, economic instability within families, as well as high rates of divorce and domestic violence. From the perspective of Islamic law, early marriage is not absolutely prohibited; however, Islam strongly emphasizes the principles of public welfare (maṣlaḥah), physical and mental readiness, and responsibility in establishing a household. Therefore, Islamic legal solutions to early marriage as a violation of state regulations can be implemented through the maqāṣid al-sharī‘ah approach, which aims to protect life, intellect, and lineage, as well as by supporting state regulations intended to safeguard the rights and welfare of children. Consequently, synergy between Islamic law and state law is essential in preventing early marriage and in creating a healthy and just family structure.

Muhammad Haizul Falah; Durorin Nuha Achfama

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

This research aims to critically examine the ethical integration of artificial intelligence (AI) in education through the perspective of maqāṣid al-sharīʿah, emphasizing the alignment between technological innovation and Islamic moral principles. The methods used are a systematic literature review and thematic content analysis against peer-reviewed publications for the period 2015–2025, which discuss the application of AI in primary, secondary, and higher education. The study identified dominant ethical issues, such as data privacy, algorithmic bias, accountability, human agency, and moral development, which were then mapped to Islamic ethical goals, including ʿadl (justice), amānah (belief), karāmah al-insān (human dignity), and ḥifẓ al-ʿaql (protection of reason). The results of the analysis show that the adoption of AI in education often emphasizes efficiency, personalization, and predictive analytics, but has the potential to reduce learners' autonomy and ethical reasoning. The mapping of maqāṣid al-sharīʿah shows a strong normative conformity, so that Islamic principles can be a moral foundation as well as a practical guide for AI governance. The research contribution is theoretical by bridging the literature on AI ethics and Islamic educational philosophy, as well as practical by offering an integrative framework for AI policymakers, educators, and developers. The integration of maqāṣid al-sharīʿah in AI governance ensures justice, trust, inclusivity, and the development of the whole human being (insān kāmil).

Artyson Firman Poyoh; Emha Rifaq Alhaqi; M. Rayhan Nova Ramadhan

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

Minister of Culture Fadli Zon's controversial statement, casting doubt on the existence of mass rape in the May 1998 Tragedy, sparked a strong public reaction, particularly from victims and human rights activists. This study aims to analyze Fadli Zon's statement as a form of identity politics in the context of contemporary Indonesian politics. This research uses a descriptive qualitative method with a discourse analysis approach to public statements, media coverage, and official documents such as reports from the National Commission on Violence Against Women and the Joint Fact-Finding Team (TGPF). The results show that Fadli Zon's statement is not merely a personal view, but rather a representation of identity politics that has the potential to obscure historical truth and reinforce social polarization. The identity politics that emerged in this discourse demonstrates how political power can influence the construction of national history and marginalize minority groups, particularly Chinese women victims of sexual violence. This study emphasizes the importance of historical honesty and the moral responsibility of political elites in preserving the nation's collective memory.

Benita Novia Palastri; Weni Rosdiana

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

A literature review on the implementation and evaluation of Convergence Action to Reduce Stunting in Indonesia was conducted as a comprehensive study to understand national patterns, challenges, and factors determining the success of the program. This study aims to examine the effectiveness of cross-sectoral interventions, identify structural barriers, and formulate strategic recommendations for strengthening stunting reduction governance. The method used was a Systematic Literature Review (SLR) with the PRISMA 2020 model, utilizing Crossref and Google Scholar sources through the Publish or Perish application. Of the articles found, only nine studies met the inclusion criteria and were analyzed using a thematic approach based on the CIPP framework. The SLR results showed that in terms of context, government regulations and commitment were strong, but there were geographical disparities, poor sanitation, and low nutrition literacy that affected program outcomes. In terms of inputs, limitations in nutrition human resources, facilities, funding, and the quality of e-PPGBM data were the main obstacles. In terms of process, the implementation of the 8 Convergence Actions has been carried out but remains partial, with suboptimal integration between OPDs and monitoring that has not yet produced adequate feedback. In terms of output, service coverage has increased, but the decline in stunting rates has been inconsistent across regions. The research results emphasize the importance of strengthening human resource capacity, data integration, cross-sectoral coordination, and adapting programs based on local contexts to ensure the accelerated and sustainable reduction of stunting.

Shahwa Al-Sofwa

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

The E-Kinerja Program is a policy innovation developed by the Madiun City Government to support the digitalization of civil servant performance management as part of bureaucratic reform and the implementation of the Electronic-Based Government System (SPBE). This study aims to evaluate the implementation of the E-Kinerja Program in Madiun City using six policy evaluation criteria proposed by William N. Dunn, namely effectiveness, efficiency, adequacy, equity, responsiveness, and appropriateness. This research employs a qualitative descriptive approach, with data collected through interviews, direct observation of the E-Kinerja application usage, and documentation review of related policies. The findings indicate that the E-Kinerja Program is relatively effective and efficient in supporting the monitoring of civil servant attendance and daily activities through features such as QR Code-based attendance, photo documentation, and daily activity reporting. However, several challenges remain, including unstable GPS accuracy, limited internet connectivity, and the practice of non real time input of daily activities. In addition, differences in digital literacy levels and device compatibility among civil servants affect the equitable utilization of the application. Overall, the implementation of the E-Kinerja Program is considered appropriate as part of bureaucratic digital transformation in Madiun City, although further improvements in technical aspects and human resource capacity are required to optimize its implementation.

Muhammad Rizky; Rini Apriyani; Nur Aripkah

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

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

Fitri Angraini; Sindi Rahayu; Desinta Bella Irwana

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

Local government budget management is a crucial element in regional governance, as it directly impacts accountability, transparency, and efficiency in public service delivery. To support effective regional financial management, the Indonesian Government has established the Government Internal Control System (SPIP), as stipulated in Government Regulation Number 60 of 2008. This study aims to examine the role and practical implementation of SPIP in regional budget management through a case study of the Regional Financial and Asset Management Agency (BPKAD) of Dumai City. Using a qualitative case study approach, this study analyzes regional financial documents, audit reports from the Regional Audit Agency (BPKAD), as well as laws and regulations and internal policies governing SPIP implementation. The results indicate that SPIP has been implemented in BPKAD Dumai City throughout the budget management cycle, from planning and implementation to reporting and accountability. However, its implementation has not reached an optimal level due to constraints such as limited leadership commitment, inadequate human resource capacity, and suboptimal internal oversight mechanisms. Therefore, improving SPIP implementation is a strategic step to realize accountable, transparent, and performance-oriented regional financial governance.

Meissa Fahdilla Yodha Pramita; Nevada Salsabillah; Fadila Andini Syahputri; Wildan Taufik Raharja

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

This study aims to evaluate the implementation of civil servant discipline enforcement based on Surabaya Mayor Regulation Number 44 of 2022 at Gubeng Subdistrict. The research employs a qualitative approach with a case study design. Data were collected through in-depth interviews, observation, and document analysis, and analyzed using the interactive model of Miles and Huberman within the Context–Mechanism–Outcome (CMO) framework. The findings indicate that the regulation has generally improved civil servant discipline, particularly in attendance, punctuality, administrative compliance, and public service quality. This improvement is supported by organizational context factors such as daily work culture, active leadership, and the integration of digital attendance systems. Key mechanisms driving compliance include layered supervision, persuasive coaching, and the gradual application of disciplinary sanctions. However, challenges remain, including high workloads and limited human resources, which require continuous guidance for certain employees. The study concludes that the effectiveness of civil servant discipline enforcement is largely shaped by the interaction between organizational context and policy implementation mechanisms.

Purnama Hadi Kusuma; Usnadi Usnadi; Abdul Rahman Salman Faris

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

Business judgment rule (BJR) is a principle of protecting directors from suboptimal business decisions that result in company losses. The purpose of this study is to analyze and to explore the legal provisions of BJR and its application principles, which are often related to several cases of directors of companies in making business decisions. The following study uses a normative research method (normative legal research) with a descriptive analytical nature that examines secondary data sources obtained from reading library materials which are finally analyzed qualitatively. Regulations related to BJR can be found in the provisions of the Limited Company Law, the Financial Services Authority Regulation for public companies, and the BUMN Law, as well as the Regulation of the Minister of BUMN in regulating BJR and the application of the principles good corporate governance within the scope of state-owned enterprises. The principle of BJR protection for company directors applies as long as they can prove themselves in managing the company within the corridor fiduciary duty, duty of care, duty of skill, duty of loyalty, and not involved in the practice conflict of interest.

Dermawan, Windy; Selsya Shafa Khairunisaa; Gilang Nur Alam

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

The Local Currency Settlement (LCS) initiative is a strategic instrument to promote ASEAN regional financial integration while reducing dependence on the US dollar in trade and investment transactions. Sub-regional cooperation between Indonesia, Malaysia, and Thailand has become an important policy arena to test the effectiveness of LCS as part of the implementation of the ASEAN Economic Community (AEC) Blueprint 2025. This article aims to analyze the role, opportunities, and challenges of LCS implementation within the framework of ASEAN financial integration, focusing on the dynamics of cooperation between the three countries. The research uses a qualitative approach through literature review and policy analysis. Data were obtained from official central bank documents, regional cooperation agreements, international agency reports, and academic literature related to financial integration and regional monetary cooperation. The analysis was conducted descriptively and analytically to identify implementation patterns, structural barriers, and policy implications. The results of the study indicate that LCS contributes to increasing the efficiency of cross-border transactions, reducing exchange rate risk, and strengthening sub-regional ASEAN financial cooperation. However, its implementation remains limited due to differences in financial infrastructure readiness, variations in domestic regulations, and low adoption by business actors. This article emphasizes the importance of policy coordination, regulatory harmonization, and private sector involvement to optimize the role of the LCS in supporting ASEAN financial integration.

Renata Auravika; Maya Shafira; Muhammad Farid

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

Forestry crimes remain a serious and recurring problem that threatens forest sustainability in Lampung Province and causes long-term environmental damage. The use of repressive penal approaches alone has been considered ineffective, as such measures tend to focus on punishment after violations occur rather than preventing crimes in advance. Therefore, this study aims to analyze non-penal efforts in preventing forestry crimes and to identify factors that hinder their effective implementation. The research used a normative juridical approach supported by an empirical approach through literature studies and interviews. The results show that non-penal strategies, including guidance, counseling, community empowerment, and conservation partnership programs implemented by the Tahura Wan Abdul Rachman KPHK UPTD, have contributed to reducing forestry crimes. Nevertheless, several obstacles continue to limit their effectiveness, such as overlapping regulations, limited numbers of law enforcement officers and supporting infrastructure, challenging socio-economic conditions of communities living around forest areas, and low levels of legal awareness and legal culture among local populations.

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

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

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

Farras Zakia Rahman; Rangga Andi Yoga; Dwi Imroatus Sholikah

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

Contemporary defense and security challenges now come from both non-military threats (such as cyber attacks, disinformation campaigns, and economic pressure) and military threats (traditional armed force). These often operate in the gray zone, meaning actions are taken below the threshold of armed conflict as defined under international law. This situation signals the rise of modern armed conflict, which is growing more intense and causing a crisis in International Humanitarian Law (IHL) enforcement. This study aims to describe modern armed conflict and its challenges to IHL. The research used a normative juridical approach and analyzed statutes. Legal materials reviewed included various international legal instruments, which were examined qualitatively and normatively. The results show that modern armed conflict challenges International Humanitarian Law with non-linear conflicts (conflicts with unclear frontlines or participants), proxy actors (groups acting on behalf of states), and cyber threats or propaganda. Therefore, IHL should be updated to include more comprehensive regulations

Rio Herdy Saputra; Dinda Anisa Septiani Putri; Riska Ayu Sekarsari; Adrian Yan Permana; Masitha Tismananda Kumala

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In Indonesia, maritime safety remains a problem. Ship captains and ship owners often disregard maritime safety standards, particularly for fishing vessels. Provisions for criminal liability for domestic fishing vessels that fail to meet maritime safety standards are an important legal instrument for regulating and enforcing maritime safety regulations in the fisheries sector. Failure of vessels to comply with safety requirements, such as the completeness of safety equipment, engine condition, and vessel structure, can potentially lead to accidents that endanger the lives of crew members and negatively impact the marine environment. This study uses a normative research method with a legislative approach. This article focuses on examining aspects of criminal liability, including the subjects, objects, and legal sanctions imposed for violations of maritime safety standards. The results indicate that perpetrators of violations can be subject to criminal sanctions in the form of fines, detention, and even revocation of vessel operating permits, taking into account human rights and environmental protection. Effective and synergistic law enforcement between relevant authorities is essential to provide a deterrent effect, encourage compliance with safety standards, and improve the system for the sustainability of marine resources.