Publication Search

In the ever-evolving digital era, the importance of cyber law in safeguarding user privacy cannot be overstated. As a distinct legal discipline, cyber law examines regulations that oversee activities in cyberspace, offering legal protection regarding personal data and user privacy. Referring to various credible sources, this article evaluates the role of cyber law in protecting user privacy in the Indonesian context. The article discusses regulations such as the Electronic Information and Transactions Law (UU ITE), the Government Regulation on Electronic Systems, and the Personal Data Protection Bill. The main elements analyzed include supervision, regulation, resolution, and protection of user rights when facing digital security challenges. The examination shows that cyber law plays a significant role in protecting individuals' personal information, thereby encouraging safer and more trustworthy digital services. Furthermore, the article points out the various challenges faced in enforcing cyber law, such as administrative constraints, inadequate digital literacy, and limited access to justice, especially for those without legal knowledge or support. Consequently, to improve the effectiveness of cyber law, continued efforts are needed to strengthen the digital regulatory framework and provide more comprehensive user privacy protection. This perspective seeks to enhance understanding of the significance of cyber law in safeguarding privacy and proposes recommendations for governments and relevant organizations in addressing privacy issues in the digital age.

This study examines the legal provisions regarding interfaith marriage in Indonesia from the perspective of Islamic law and national law. The focus lies on the differences and points of convergence between the two legal systems in assessing the validity of marriages conducted between couples of different religions. This research employs a library research method with a normative-comparative approach, analyzing primary sources such as the Qur’an, Hadith, the Compilation of Islamic Law (KHI), Law Number 1 of 1974 on Marriage, as well as relevant court decisions. The results show that Islamic law explicitly prohibits interfaith marriage, particularly between a Muslim woman and a non-Muslim man, as it contradicts the principles of faith and the objectives of marriage in Islam. Meanwhile, national law through Law Number 1 of 1974 stipulates that a marriage is valid only if conducted according to the laws of each religion and belief, which implicitly rejects the legality of interfaith marriage. In practice, however, some individuals seek legal loopholes through human rights interpretations or by registering their marriages abroad. Therefore, both Islamic and national law share the same goal: to preserve the sanctity of marriage and maintain social harmony based on the divine values upheld by the Indonesian nation.

According to Indonesian law, marriage is a legal act that has legal consequences for the personal status, assets, and rights and obligations of husband and wife. Therefore, marriage requires the free and conscious will of both prospective bride and groom as the basis for the birth of a valid legal relationship. This study examines the importance of getting to know your partner before getting married from a legal perspective, especially as a form of preventive legal protection in marriage law. This research uses a normative juridical method with a statutory approach and a conceptual approach through literature study of statutory regulations, legal doctrine and relevant scientific literature. The research results show that although Indonesian positive law does not yet explicitly regulate the obligation to get to know one's partner before marriage, the objectives of the Marriage Law, the principle of consensualism, and pre-marital guidance policies reflect the importance of the prospective bride and groom's substantive readiness. This readiness is related to understanding the rights and obligations in marriage as well as the legal consequences that accompany them. Thus, getting to know partners before marriage has legal relevance as an effort to prevent disputes, divorce and family disputes, as well as strengthening legal protection for husbands, wives and children in the institution of marriage.  

Children constitute a vulnerable group requiring protection from sexual crimes, including pedophilia. This research aims to examine criminal law provisions protecting child victims of pedophilia crimes in Indonesia and identify obstacles in their implementation. Using a normative juridical method with statutory and conceptual approaches, the findings demonstrate that legal protection is comprehensively regulated through the Criminal Code (KUHP), the Child Protection Law (Law Number 35 of 2014), Law Number 17 of 2016, and the Electronic Information and Transactions Law (ITE). These regulations provide a strong legal basis both in terms of principal criminal sanctions and additional sanctions such as chemical castration, electronic monitoring device installation, and perpetrator identity disclosure. The regulations also emphasize victims' rights to medical and psychological rehabilitation as well as identity protection. However, implementation faces several obstacles, including low case reporting rates due to stigma and taboo culture, evidentiary difficulties arising from victim trauma, weak inter-agency coordination, limited resources, and the emergence of digital pedophilia modi. Efforts to address these obstacles include strengthening law enforcement capacity, providing child-friendly justice systems, comprehensive rehabilitation services, public legal education, and synergy between government and non-government institutions in child protection.

This research examines the effectiveness of narcotics crime investigation by the Narcotics Investigation Unit (Satuan Reserse Narkoba) from the perspective of Indonesia's Criminal Procedure Code (KUHAP) and related legislation. The study also analyzes the juridical-normative obstacles encountered during investigation processes, along with potential solutions under Indonesian positive law. As an extraordinary crime, narcotics offenses require precise and legally sound investigation methods. However, investigative practices often face challenges due to inconsistencies between legal norms and field implementation, limited resources, and the absence of clear regulations on special investigative techniques such as wiretapping and controlled delivery. This normative legal research employs statutory and conceptual approaches, analyzing primary legal materials including Law Number 8 of 1981 (KUHAP), Law Number 35 of 2009 on Narcotics, and various implementing regulations. The findings indicate that narcotics investigations are not yet optimal due to weak technical regulations, disharmonized laws between KUHAP and the Narcotics Law, overlapping authority between the Police and the National Narcotics Agency (BNN), and a lack of protection for whistleblowers and witnesses. The legal gap in regulating special investigation methods creates uncertainty in evidence admissibility. Proposed solutions include regulatory reform through KUHAP revision, improving investigator competence through specialized training, utilizing modern technology, strengthening inter-agency coordination, and enhancing internal and external oversight mechanisms. Legal reform and institutional synergy are essential to enhancing the overall effectiveness of narcotics investigations in Indonesia.

Human trafficking constitutes a transnational crime that inflicts physical, psychological, and economic suffering upon its victims. This research aims to analyze the fulfillment of restitution rights for victims of human trafficking and examine preventive efforts from the immigration perspective. According to Law Number 21 of 2007 concerning the Eradication of Human Trafficking, every victim has the right to restitution as compensation for losses suffered. However, implementation in practice still encounters numerous obstacles, including weak law enforcement, limited understanding among law enforcement officers, and insufficient technical regulations. This normative legal research employs statutory and conceptual approaches to examine primary legal materials, including Law Number 21 of 2007, Law Number 6 of 2011 on Immigration, and various implementing regulations. The findings indicate that legal protection for victims of human trafficking has not been optimal, with challenges including difficulties in proving immaterial losses, dual procedural systems between the Human Trafficking Law and Criminal Procedure Code, and weak coordination among law enforcement agencies. The Witness and Victim Protection Agency (LPSK) often cannot guarantee restitution payments as determined by judges. From the immigration perspective, the Directorate General of Immigration plays a strategic role in preventing human trafficking through travel document control, implementation of the Integrated Border Control Management (IBCM) system, education for prospective migrant workers, and cross-sectoral collaboration. However, challenges persist, including complex and evolving modus operandi, limited resources in remote border areas, and inter-agency coordination obstacles. The study concludes that synergy between institutions and improvements in education and regulation are required to ensure victims' restitution rights are fulfilled effectively.  

This research aims to analyze the criminal liability of perpetrators of fraud through bounced checks and the legal protection provided to victims. The study focuses on Decision Number 1698/Pid.B/2022/PN Sby, in which the defendant was found guilty of fraud under Article 378 of the Indonesian Criminal Code (KUHP). Using a normative juridical approach through literature study with statutory and conceptual approaches, the findings demonstrate that the panel of judges correctly applied the elements of fraud, including malicious intent (mens rea), the use of deception or a series of lies, and actual loss suffered by the victim. The judge's legal considerations have reflected the principles of legality, justice, and legal certainty in criminal law. Legal protection for victims can be pursued through both criminal and civil legal remedies, where victims may report to police for criminal prosecution under Article 378 KUHP and claim compensation through civil breach of contract lawsuits. Law enforcement against perpetrators is carried out through repressive and preventive criminal sanctions. This decision confirms that bounced check fraud is not merely a civil breach of contract but can be classified as a criminal offense when accompanied by malicious intent to deceive others.

The development of Artificial Intelligence (AI) has significantly influenced the formation of contracts in civil law, particularly through the automation of clause drafting, risk analysis, and the standardization of contractual documents. The use of AI in contract drafting raises complex legal issues, especially concerning the validity of agreements and the attribution of legal liability in the event of default. This study aims to analyze the validity of contracts created through Artificial Intelligence from the perspective of Indonesian civil law and to examine models of legal liability in AI-based contracts. This research employs a normative legal method with statutory and conceptual approaches, examining the provisions of the Indonesian Civil Code, particularly Article 1320, as well as legal doctrines and scholarly perspectives on digital contracts and AI. The findings indicate that AI-based contracts are, in principle, legally valid as long as they fulfill the requirements of a valid agreement, namely the consent of the parties, legal capacity, a specific object, and a lawful cause. Artificial Intelligence cannot be positioned as a legal subject because it lacks intent, consciousness, and the capacity to bear rights and obligations, and therefore functions solely as a technological tool. Consequently, legal intent and liability remain attached to the human or legal entity that uses, controls, or benefits from AI. This study also emphasizes that the primary challenge of AI-based contracts lies in the absence of specific legal regulations governing the allocation of liability among AI users, system providers, and developers, particularly when default occurs due to algorithmic errors or system failures. Therefore, clearer, adaptive, and comprehensive regulations are required to ensure legal certainty, protect the parties involved, and maintain a balance between technological innovation and the principles of justice in AI-based contractual practices in Indonesia.

One of the classic problems of Semarang City as a metropolitan city is related to the arrangement of the transportation system until now not resolved comprehensively. The arrangement of transportation in Semarang City as a trigger for the emergence of problems disproportionate number of vehicles to the number of passengers or residents compared to the volume of roads passed by motorized vehicles in Semarang City. With the increasing population of Semarang City on the one increasing motorized vehicles, the increasing number of motorized vehicles if not balanced with the number or volume of roads passed by motorized vehicles every day, every hour has the consequence of congestion and chaos on several roads in Semarang City. Referring to these conditions, the Semarang City Government is trying to overcome transportation problems by organizing road-based public transportation known as BRT or Bus Rapid Transit Trans Semarang which was first rolled out on September 18, 2009. The legal aspects that underlie the BRT (Bus Rapid Transit) Trans Semarang service are Law No. 22 of 2009, No. 25 of 2009. The Trans Semarang Bus Rapid Transit (BRT) service is expected to address transportation management issues in Semarang, a growing metropolitan city. In this qualitative study, the researcher describes the quality of BRT implementation in Semarang from a legal perspective.

The purpose of this research is to find out the legal basis in the science of hadith or Islamic law and positive law related to DNA testing which is used as a strong argument for determining the legal certainty of child lineage and how to resolve the problem of child lineage in Indonesia and Islam. In the research process used is normative research and library research with a legislative approach taken from positive law and Islamic legal sources, namely the Qur'an and the hadith approach as a basis for legal theory. The resulting research study that DNA testing can resolve the uncertainty of abak lineage and DNA test results can be used as proof of determining a child's lineage to his father. In the teachings or regulations of Islamic law, there are four methods used in determining lineage in accordance with the terms and conditions of the application of the four methods, namely; al-firasy, al-iqrar, al-bayyinah, and al-Qiyafah. With the development of today's technology, the four methods have been developed through cutting-edge technology as a medium for tracing a person's lineage to obtain justice and benefit. From a positive Indonesian legal perspective, DNA testing has been recognized as a means of proving parentage. Therefore, children born as victims of rape, marriages not officially registered by the Office of Religious Affairs (KUA), and marriages that took place secretly (in other words, under the table) can claim their rights as children, including child support and parentage, from their father.

This study examines the implementation of the Manak Salah tradition in Padang Bulia Customary Village from the perspectives of legal certainty and human rights protection. Manak Salah is a customary practice associated with the birth of opposite-sex twins, which in Balinese Hindu cosmology is considered a sacred event that may disrupt the balance between the sekala and niskala realms, thereby requiring purification rituals. Although the contemporary practice of this tradition has become more humane and no longer involves social exclusion, its regulation remains unwritten and has not been formally codified in the village’s Awig-awig (customary law). This condition creates the risk of multiple interpretations, legal uncertainty, and insufficient protection of the rights of children and affected families. This research employs an empirical juridical method with a qualitative approach, using interviews with customary leaders, field observations, and document analysis of statutory regulations and customary legal sources. The findings reveal that the absence of written norms causes the implementation of Manak Salah to rely heavily on the discretion of customary authorities, leading to potential inconsistency and normative vulnerability. This study emphasizes the urgency of codifying the Manak Salah tradition into the Awig-awig as a form of customary law reform aimed at ensuring legal certainty, strengthening institutional accountability within customary villages, and harmonizing customary law with Bali Provincial Regulation No. 4 of 2019 and fundamental human rights principles.

This journal analyzes sexual violence by educators against students by analyzing Supreme Court Decision No. 5642 K/Pid.Sus/2022 using normative legal research methods. The primary focus of this research is the abuse of power relations by perpetrators holding positions of authority, as well as the legal protections afforded to child victims. Furthermore, this paper compares the provisions on sexual violence in the Child Protection Law and the Sexual Violence Criminal Law (UU TPKS). The findings indicate that courts impose harsher sentences on perpetrators who abuse their trust as educators and place victims at the center of the legal process, ensuring guarantees of recovery, psychological rehabilitation, restitution, and the right to education. The judges' approach in the ruling also reflects the spirit and principles of victim protection as outlined in the TPKS Law, including recognition of power dynamics, psychological pressure, and the importance of a victim-centered perspective. The TPKS Law expands the scope of sexual violence beyond physical aspects to include psychological and structural dimensions, which were previously not clearly regulated in other laws.  Therefore, this paper emphasizes the importance of harmonizing the two laws to create a more just, progressive, and victim-centered legal system, especially for children in educational settings. This research is expected to contribute to strengthening a more comprehensive and child-oriented legal approach.

This study aims to analyze the compatibility between land use practices and watershed management regulations in Gorontalo Regency through ecological, normative, and axiological approaches. Rapid land cover changes from the upstream to downstream areas, particularly in the Biyonga, Alo-Pohu, and Limboto watersheds, have caused severe impacts such as increased erosion, sedimentation, and reduced hydrological function. The study employs a qualitative analysis using a literature-based method, reviewing key scientific articles from Jurnal Ilmu Lingkungan Universitas Gadjah Mada, Sustainability (MDPI), and Engineering, Technology & Applied Science Research, as well as regulatory documents such as Government Regulation No. 37 of 2012, Government Regulation No. 27 of 2023, Regional Regulation of Gorontalo Province No. 11 of 2014, and Governor Regulation No. 19 of 2019. The findings reveal that, ecologically, the conversion of agricultural lands into settlements has increased sediment yield and reduced soil infiltration capacity. Normatively, most land use activities remain inconsistent with soil and water conservation regulations. Axiologically, there is a gap between sustainability values embedded in policy and the community’s practical behavior in managing land resources. This study highlights the need for integrating scientific, legal, and ethical perspectives to strengthen sustainable watershed management in Gorontalo. Therefore, the findings are expected to serve as a policy recommendation framework for local governments in developing adaptive and ecologically grounded watershed management strategies.

. Film as a mass communication medium not only functions as entertainment, but also as a means of representing power relations in society. Miracle in Cell No. 7 works by Hanung Bramantyo show various forms of official domination and legal inequality which are relevant to be studied through a hegemony perspective. This research aims to describe the forms of hegemony that appear in the film and interpret the social criticism conveyed through the narrative and visualization. The research uses qualitative methods with listening and note-taking techniques, then the data is analyzed through reduction, presentation and drawing conclusions based on Antonio Gramsci's theory of hegemony. The research results show that this film contains four forms of hegemony: ideological hegemony through the instillation of disciplinary values; hegemony of power through apparatus domination and abuse of authority; cultural hegemony through the imposition of a single standard of behavior; and moral hegemony through the formation of ethical judgments that benefit those in power. These findings indicate that films not only present emotional stories, but also present criticism of legal injustice and structural domination. This research confirms that visual media plays an important role in forming public awareness regarding the practice of power in social life.

This study aims to analyse the development and compare the legal politics of the Religious Court in Indonesia and Turkey. This study is library research with an interdisciplinary approach to historical-legal and comparative law research. This study presents a historical-legal perspective and a comparative analysis of the law to obtain similarities and differences in the legal politics of the Religious Court in Indonesia and Turkey. The legal politics of the Religious Court in Indonesia are divided into pre-Colonial, independence, and reform periods. In Turkey, the Religious Court is divided into three periods: before the Tanzimat, after the Tanzimat, and during Mustafa Kemal Atatürk's reforms. A comparative analysis of the law found that the Religious Courts in Indonesia and Turkey initially applied Islamic law. Still, later restrictions were placed on it in an attempt to abolish it. The difference is that the Religious Court in Indonesia still enforces Islamic law as a positive law in certain fields and regions. The Religious Court in Turkey was abolished and replaced by a regular Court based on European law. The existence of the Religious Court in Indonesia demonstrates the success of legal pluralism, while legal secularism has shifted legal pluralism in Turkey.

. Film as a mass communication medium not only functions as entertainment, but also as a means of representing power relations in society. Miracle in Cell No. 7 works by Hanung Bramantyo show various forms of official domination and legal inequality which are relevant to be studied through a hegemony perspective. This research aims to describe the forms of hegemony that appear in the film and interpret the social criticism conveyed through the narrative and visualization. The research uses qualitative methods with listening and note-taking techniques, then the data is analyzed through reduction, presentation and drawing conclusions based on Antonio Gramsci's theory of hegemony. The research results show that this film contains four forms of hegemony: ideological hegemony through the instillation of disciplinary values; hegemony of power through apparatus domination and abuse of authority; cultural hegemony through the imposition of a single standard of behavior; and moral hegemony through the formation of ethical judgments that benefit those in power. These findings indicate that films not only present emotional stories, but also present criticism of legal injustice and structural domination. This research confirms that visual media plays an important role in forming public awareness regarding the practice of power in social life.

The development of information technology has given rise to a new form of business transaction: the electronic contract. This contract form replaces the traditional process that requires a physical meeting between the parties. However, questions arise regarding the validity of e-contracts from the perspective of Indonesian civil law, specifically based on Article 1320 of the Indonesian Civil Code (KUHPerdata) and the provisions of Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE). This research aims to analyze the validity of electronic contracts as legally binding agreements and to assess the extent to which the ITE Law can serve as their legal basis. Using a normative juridical legal research method, the research results show that e-contracts are valid and binding as long as they meet the requirements for the validity of an agreement under Article 1320 of the Civil Code, namely consent, capacity, a specific object, and a lawful cause. The ITE Law expands the recognition of electronic evidence and digital signatures as valid evidence in civil law. Thus, electronic contracts have the same legal force as conventional contracts, as long as they meet the principles of free will and the integrity of a reliable electronic system.

This research analyzes the legal status of zakat within the state financial system and explores its potential integration as a sharia-based fiscal instrument in Indonesia through a comparative study with Malaysia. In Islamic law, zakat functions both as a religious obligation and as a mechanism for wealth redistribution aimed at achieving social justice. However, under Indonesia’s positive law framework, zakat is still treated as a socio-religious institution outside the formal state fiscal system, as stipulated in Law Number 23 of 2011 on Zakat Management. In contrast, Malaysia has successfully integrated zakat into its Islamic fiscal policy through the authority of the State Islamic Religious Council (MAIN), which holds legal legitimacy as a regional public body. This study adopts a normative and comparative legal approach by examining statutory regulations, Islamic legal doctrines, and zakat institutional practices in both countries. The findings indicate that the integration of zakat into Indonesia’s fiscal system is constitutionally permissible and does not conflict with Article 23A and Article 34 paragraph (1) of the 1945 Constitution, as it aligns with welfare state principles and the state’s responsibility toward poverty alleviation. The legal implications of such integration include the establishment of lex specialis regulating zakat as a sharia fiscal instrument, harmonization with state finance laws, and the strengthening of institutional legitimacy and accountability in zakat management. Therefore, zakat holds significant potential to become a core pillar of Islamic economic law that supports economic equity and enhances national fiscal resilience.

This study examines the integration of Artificial Intelligence (AI) in Christian Religious Education (PAK), using four Biblical principles love, justice, truth, and stewardship as a framework. Employing a qualitative approach with thematic triangulation through interviews with leaders, lecturers, and students, the research aims to understand how AI can be used ethically in PAK. The findings indicate that AI, when applied thoughtfully and ethically, can significantly enhance the learning process. The principle of love emphasizes the importance of honesty, empathy, and a compassionate approach in the use of AI. Justice calls for equitable access to AI tools, ensuring that all learners can benefit regardless of their backgrounds. The principle of truth encourages theological discernment in the application of AI, ensuring that it aligns with Christian teachings. Stewardship highlights the responsibility to manage AI technologies wisely, using them to serve God's purposes. AI is viewed not as a replacement for human educators but as a tool to serve and glorify God in the educational process. The study suggests that theological institutions should create ethical AI guidelines to ensure responsible use and should focus on enhancing faith-based digital literacy among students, preparing them for the digital age while remaining rooted in their faith.

Solid waste management in Makassar City constitutes a strategic issue that extends beyond technical and administrative concerns to encompass legal, ethical, and socioreligious dimensions. Although the local government has established regulatory frameworks and policy instruments for waste management, empirical conditions reveal a persistent gap between legal norms and their implementation, as reflected in high waste generation rates, weak source segregation, limited public participation, and increasing pressure on landfill capacity. This study aims to analyze the effectiveness of waste management in Makassar City from the perspective of Islamic law and to examine the potential integration of Sharia principles in strengthening sustainable environmental governance. The research employs a qualitative approach with a descriptive-analytical design based on policy analysis, literature review, and theoretical synthesis of Islamic legal doctrines, particularly maqāṣid al-sharīʿah and fiqh al-bī’ah. The findings indicate that, despite the existence of adequate local legal instruments, waste management practices remain ineffective due to insufficient internalization of ethical values, weak law enforcement, and limited behavioral change within society. From the perspective of Islamic law, these conditions demonstrate the incomplete realization of the principles of amanah (trust and responsibility), maslahah (public interest), and the prevention of harm (lā ḍarar wa lā ḍirār) in both governmental practice and public conduct, thereby undermining the objectives of protecting human life and the environment. The implications of this research highlight the importance of synergizing positive law and Islamic legal principles to promote environmentally sustainable governance oriented toward long-term public welfare.