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Syifatul Zuhra; Muhammad Ryandi Perdana Suandi

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the protection of victims of sexual violence crimes from a victimology perspective within Indonesian criminal law. This research employs a normative legal method with a qualitative approach, utilizing statutory and conceptual approaches. Data were collected through library research based on legislation and recent scientific journals published between 2021 and 2026. The results indicate that, normatively, Indonesia has established a relatively strong legal framework, particularly with the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes. However, its implementation remains constrained by several challenges, including limited capacity of law enforcement officials, weak inter-institutional coordination, and structural and cultural factors such as patriarchal culture and victim blaming practices. Furthermore, victims are still at risk of experiencing revictimization during the criminal justice process. From a victimology perspective, this condition reflects that the Indonesian criminal justice system is still in a transitional phase toward victim-oriented justice. Therefore, strengthening the victimological approach through comprehensive legal reform, enhancing the professionalism of law enforcement officers, and transforming legal culture in society are essential to ensure effective and substantive justice for victims.

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.

Anggi Sri Haryati Simarmata; Najwa Khairunnisa

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The absence of specific regulations governing the mechanism and legal consequences of revoking special power of attorney during ongoing civil court proceedings creates a legal vacuum that generates uncertainty for all parties involved. This study aims to analyze the legal consequences of unilateral revocation of special power of attorney on the continuity of civil proceedings and the legal standing of attorneys thereafter. Using a normative juridical approach through statutory and conceptual methods, data were collected through library research and analyzed qualitatively using a prescriptive method. The results show that unilateral revocation during ongoing proceedings creates a formal defect that risks rendering the lawsuit inadmissible before the merits are examined, obstructing the principles of simple, fast, and low-cost justice as mandated by Law Number 48 of 2009. Furthermore, the attorney loses formal legitimacy to represent the principal from the moment revocation is notified, though all prior legal actions remain binding upon the principal as the material party, and such revocation without valid legal basis constitutes a breach of contract obligating the principal to pay compensation under Article 1809 of the Civil Code. This study concludes that regulatory reform is urgently needed to fill the existing legal vacuum and ensure legal certainty in civil court proceedings in Indonesia.

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.

Megi Primagara

Jurnal Ilmu Komunikasi, Administrasi Publik dan Kebijakan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study explores how young legislative candidates at the local level utilize Instagram as a campaign medium in the era of political digitalism. The focus is on two DPRD candidates in Tangerang City during the 2024 election in Electoral District 3 (Cipondoh–Pinang): Muhamad Azka Nur Fauzi from the National Mandate Party and Ashma Nafilah Maulida from the Prosperous Justice Party. Employing a qualitative descriptive approach and in-depth interviews with key informants, this research analyzes their personal branding strategies using Peter Montoya’s eight laws of personal branding.  The findings reveal that despite their relatively small number of followers, both candidates successfully built authentic and community-relevant political images. MANF emphasized UMKM development and religiosity, aligning with his personal background, while ANM highlighted humanistic social programs and her unique writing hobby. Nevertheless, both still showed weaknesses in several of Montoya’s principles, particularly distinctiveness and visibility consistency. The study concludes that Instagram is not merely a low-cost promotional tool but a strategic platform for local candidates to foster public trust, provided their personal branding remains authentic, consistent, and responsive to local needs.

Natasya Dwi Nanda; Sindy Arzety; Anggi Sri Haryanti Simarmata

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

This research is prompted by legal complications within civil procedural law, specifically regarding the failure of judges to identify formal defects in special powers of attorney during the preliminary stages of trial. The central focus of this study examines Decision Number 14/Pdt.G/2025/PN Kba, in which a lawsuit was declared inadmissible (Niet Ontvankelijke Verklaard) only after a seven-month litigation process that had already progressed through evidentiary hearings and local inspections. The objective is to evaluate the effectiveness of the dominus litis principle in empowering judges to provide procedural guidance for lawsuit amendments, while testing its alignment with the principles of simple, fast, and low-cost justice. Employing a normative legal research method with statutory and case-based approaches, the legal materials are analyzed qualitatively using the legal syllogism technique. The findings indicate that the application of the dominus litis principle in the a quo case remains ineffective due to the judges' passive and formalistic tendencies. Such an approach neglects the ex-officio authority mandated under Articles 119 and 132 of the HIR. This ineffectiveness results in significant judicial inefficiency, causing undue loss of time and financial resources for justice seekers. Consequently, this study recommends strengthening rigorous initial screening mechanisms by the panel of judges at the first hearing. This preventive measure is essential to curb the waste of judicial resources and ensure the realization of substantial justice for all disputing parties.

Kholidah Hannum Hasibuan; Anhar Nasution; Putra Halomoan Hasibuan

International Journal of Education and Literature 2026 Lembaga Pengembangan Kinerja Dosen

This study examines the integration of religious moderation values in Islamic Religious Education (PAI) and its impact on students’ religious tolerance in public junior high schools in Padangsidimpuan City. The research is based on the need to foster tolerance, mutual respect, and harmonious coexistence among students from diverse religious and social backgrounds. Using a qualitative field research approach, the study was conducted in several public junior high schools. Data were collected through interviews, observations, and documentation involving principals, PAI teachers, and students. Data analysis followed the stages of data reduction, data presentation, and conclusion drawing, with validity ensured through triangulation. The findings reveal that religious moderation values have been integrated into the planning, implementation, and evaluation stages of PAI learning. Teachers incorporate key values such as tolerance, justice, moderation, deliberation, equality, and anti-violence into both teaching materials and classroom practices. This integration has led to positive outcomes, including increased mutual respect among students, reduced conflicts, and a more harmonious learning environment. Overall, PAI learning plays a significant role in shaping students’ character, promoting moderate attitudes, and strengthening religious tolerance in a diverse school setting.

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.

Rafi Azmi; Nia Dalilla

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the criminalization of juvenile victims of drug abuse from a victimology perspective in Indonesia. The research method used is normative legal research with a descriptive approach, conducted through library research on primary and secondary legal materials. The results show that in law enforcement practices, juveniles involved in drug abuse are often treated as offenders and processed through the criminal justice system. A case study in Surabaya reveals that juveniles who should have been recommended for rehabilitation were instead sentenced to imprisonment. From a criminological perspective, juvenile involvement is influenced by environmental factors, peer pressure, and weak family supervision. In the victimological perspective, these juveniles should be viewed as victims who require protection and rehabilitation. Therefore, a paradigm shift in the criminal justice system is needed, emphasizing a rehabilitative approach and legal protection for juveniles. This approach can reduce stigma and support a more effective rehabilitation process, with the hope of helping children's psychological and social recovery.

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.

Sri Yuliyanti Mozin; Regina Alfanesya Machmud; Regina Rahmadani Ismail; Nurul Rabiatul Adawiyah; Ralda Ivanka A Labino

Studi Administrasi Publik dan ilmu Komunikasi 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Abstract This study aims to analyze the legal basis and mechanisms for implementing Minimum Service Standards (MSS) in public service delivery in Indonesia. As a strategic instrument, the MSS is designed to ensure the fulfillment of citizens' constitutional rights through quality basic services. Using qualitative research methods with a juridical-normative approach, this study evaluates the extent to which the implementation of the MSS has been able to create equitable access to services and identifies crucial factors influencing its success. The results indicate that although the MSS has a solid legal basis through Law No. 23 of 2014 and Government Regulation No. 2 of 2018, the reality on the ground still shows significant gaps. Implementation of this policy is often hampered by low organizational capacity at the regional level, limited human resource (HR) competency, inaccurate sectoral data, and weak inter-institutional coordination. This study concludes that the effectiveness of the MSS is highly dependent on strengthening regional fiscal capacity, political commitment of leadership, and the integration of valid data-based planning. This is necessary to achieve social justice and equitable welfare within the framework of a welfare state in Indonesia.

Ahmad Irfansyah Rosyadi; Salsabila Syifana Alkamila; Khairun Nisa; Hapip Udin; Fadhil Rozin Asyam

Deposisi: Jurnal Publikasi Ilmu Hukum 2026 International Forum of Researchers and Lecturers

Prodeo legal aid is one of the ways in which the state fulfils its responsibility to guarantee access to justice for economically disadvantaged members of the public. However, its implementation still faces challenges, particularly budgetary constraints, meaning that not all applications for prodeo legal aid can be processed. This issue arises in Industrial Relations Court (PHI) cases at the Banjarmasin District Court. This study aims to examine the implementation of prodeo services in PHI cases and to analyse these budgetary constraints from a constitutional law perspective. The methodology employed is a normative legal approach with an empirical focus, utilising a review of legislation, interviews, observations, and a literature review. The research findings indicate that prodeo is a service for litigation at no cost, funded by the state through the State Budget Allocation (DIPA). In 2025, a budget of Rp. 33,728,000 was only sufficient to handle 13 cases, meaning the service depends on the availability of funds. This situation reflects a gap between the constitutional guarantee of access to justice and practice on the ground. Therefore, improvements are needed in budget planning, allocation, and management, as well as the strengthening of the role of Legal Aid Posts and Legal Aid Institutions to enhance access to justice for the underprivileged.

Wilma Silalahi; Fitri Natasha Dachi

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The Constitutional Court Decision Number 105/PUU-XXII/2024 has significantly reshaped the legal construction of defamation provisions under the Electronic Information and Transactions Law (EIT Law), particularly by limiting the interpretation of the phrase “other persons” to natural persons (natuurlijk persoon) only. This study aims to analyze the implications of the decision on legal certainty as well as its impact on litigation practices and legal protection for legal entities in Indonesia. This research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that the decision enhances legal certainty by clarifying previously ambiguous norms that often led to the criminalization of freedom of expression. However, the restriction of legal subjects has shifted the legal protection mechanism for legal entities from criminal to civil remedies under Article 1365 of the Civil Code. This shift poses challenges in terms of effectiveness, particularly due to more complex litigation processes and the lack of deterrent effect compared to criminal sanctions. Therefore, a balanced approach is required between protecting freedom of expression and safeguarding institutional reputation, alongside strengthening regulations and public legal awareness to achieve justice, legal certainty, and legal utility.

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.

Khan, Ahmad Roy; Widodo, Wahyu; Nugraheni, Nadea Lathifah

DINAMIKA HUKUM 2026 Universitas Stikubank

The provision of legal aid represents the state’s responsibility to ensure access to justice and legal protection, particularly for impoverished and vulnerable groups. Within the framework of regional governance, this responsibility is carried out by local governments through regional apparatuses with authority in legal affairs, including the Legal Bureau of Central Java Province. This article examines the position and authority of the Central Java Provincial Legal Bureau in the administration of legal aid and analyzes the urgency of its dual role as both facilitator and regulator. This study aims to analyze the legal basis of such authority and the implications of the dual role in the implementation of regional legal aid. The research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that the Legal Bureau of Central Java Province possesses administrative authority derived from the delegation of authority by the governor, enabling it to perform both facilitative and regulatory functions in legal aid administration. However, the absence of explicit regulatory boundaries between these roles potentially leads to overlapping authority. Nevertheless, as long as these roles are exercised in accordance with their legal basis and the principles of good governance, the dual role may function as an effective administrative instrument to ensure the effective delivery of legal aid and the protection of citizens’ rights.   Keywords : legal aid, authority, dual role.

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.

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.

Febrianus Selvin Sudiman; Cristian Seldjatem

Pengharapan : Jurnal Pendidikan dan Pemuridan Kristen dan Katolik 2026 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This study examines the integration of Christian values into the Merdeka Curriculum for Christian Religious Education (PAK) in junior high schools (SMP), focusing on the challenges and strategies for its implementation. The Merdeka Curriculum, introduced in 2022, offers flexibility in instructional design; however, its implementation in the field of PAK requires specific adaptations to maintain the relevance of Christian values such as love, justice, and responsibility. This study employs a descriptive qualitative approach using library research combined with empirical content analysis of various case studies in Indonesian Christian schools. The findings indicate that the primary challenges include resource constraints, the readiness of PAK teachers, technological infrastructure gaps, and the influence of secular digital culture. Effective strategies include the development of a contextual curriculum based on Christian values, the utilization of digital technology in learning, the enhancement of teachers’ professional competencies, and collaboration between schools, families, and churches. The implications of this study suggest that the integration of Christian values into the Merdeka Curriculum can foster the holistic character of junior high school students, equipping them with integrity, resilience, and the ability to face the challenges of the digital age.

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.