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Salmi Yuniar Bahri; Yuniar Affandy; Masbullah Masbullah; Nova Hari Shanty

Jurnal Kemitraan Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

Business legality is a very important component in the development of micro, small, and medium enterprises (MSMEs). Business legality provides MSME players with legal protection, easier access to financing, and greater opportunities for growth. The Business Identification Number (NIB) is the official identity of business actors used to obtain business licenses and commercial or operational permits through an integrated electronic licensing system, namely Online Single Submission (OSS). The objective of this community service program is to increase the understanding and awareness of MSME actors in Kelayu Selatan Village, Selong District, East Lombok Regency, regarding business legality, particularly the creation of an NIB. To support more efficient assistance tailored to the needs of each business operator, this activity was conducted door-to-door and included several stages, such as observation and data collection on MSMEs, dissemination of information on the importance of business legality, assistance in creating OSS accounts, and assistance in the application process until the issuance of the NIB. The results of the activity showed an increase in awareness and knowledge about the importance of business legality. It is hoped that this program will encourage MSMEs to transform into formal businesses that are competitive and sustainable.

Putri Ramadhani Rangkuty; Herna Adelia Br Simamora; Faiz Abdul Aziz Sitorus Pane; Muhammad Riyan Prasetia; Muhamad Iqbal Parinduri

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze, examine, and identify the forms of legal protection available for child victims of bullying, as well as to assess government measures in providing compensation to these victims based on Indonesia’s ius constituendum framework. In recent years, bullying cases involving minors have significantly increased, leaving victims unable to defend themselves. The primary issues addressed in this study concern the legal protection afforded to child victims of bullying and the manner in which the government provides compensation in accordance with the envisioned future law (ius constituendum) in Indonesia. This study employs a normative legal research method, relying on the examination of legal materials. The approach used is the statute approach, referring to relevant laws and regulations. The findings reveal the types of legal protection accessible to child victims of bullying and the measures that the government may implement to provide compensation in alignment with Indonesia’s aspirational legal framework.

Fiola Amabel Yohana Sinaga; Susilowati Suparto; Hazar Kusmayanti

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the legal protection of children born from Toba Batak customary marriages that are not officially registered by the state. In Toba Batak customary law, a marriage is considered valid after all traditional ceremonies have been carried out, so that the child is recognized by the father's clan and social status within the customary community. However, state law requires marriage registration to ensure the certainty of the parents' legal status and the fulfillment of the child's civil rights. The absence of marriage registration has legal consequences in the form of limited recognition of the civil relationship between the child and the father, which impacts identity registration, access to public administration services, and the fulfillment of inheritance rights. This study uses a normative juridical method with analytical descriptive specifications through a review of laws and regulations, legal literature, and court decisions. The results show that preventive legal protection is realized through marriage registration to guarantee the child's right to identity. Meanwhile, repressive legal protection can be achieved through court decisions supported by valid evidence to confirm the child's legal status and ensure the fulfillment of their basic rights.

Putriani Ndruru; Rahmayanti Rahmayanti; Ismaidar Ismaidar

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Sexual violence within the family is a serious criminal act that not only violates the law but also causes profound physical and psychological suffering for victims. The complexity of such cases increases as the perpetrators are often close family members, resulting in trauma and obstacles in law enforcement. Decision Number 2068/Pid.Sus/2020/PN.Medan serves as the basis for analyzing the extent to which legal protection can be provided to victims. The research problems addressed are: (1) what forms of legal protection are available for victims of sexual violence within the family under Indonesian positive law, and (2) how such protection is implemented in Decision Number 2068/Pid.Sus/2020/PN.Medan. The research method applied is normative juridical with statutory, conceptual, and case study approaches. Data sources include legislation, legal literature, and court decision analysis. The findings reveal that legal protection for victims is regulated under the Child Protection Law, the Criminal Code, and other legal instruments emphasizing preventive, repressive, and rehabilitative measures. The Medan District Court imposed a severe sentence on the perpetrator in accordance with the law; however, protection for victims remains limited to formal aspects without comprehensive psychological recovery programs. In conclusion, the protection of victims of sexual violence within the family has been clearly regulated on a normative basis, but its implementation remains weak. Greater collaboration between law enforcement authorities, child protection institutions, and professionals is necessary to ensure the holistic recovery of victims.

Diva Raniza; M. Indra Pratama; Roger Alfiano; Rizha Claudilla Putri

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This paper explores the involvement of International Civil Law in the implications of foreign divorce on land rights by paying attention to the principles contained in International Civil Law. In terms of writing, the author will analyze Decision No. 19/Pdt.G/2014/PN.Sgr. as a review of facts that will be analyzed in accordance with the scope of International Civil Law using relevant research methods. The author reviews that the research method used to compile this writing is juridical-normative based on the applicable laws and regulations and in accordance with what is the subject of discussion. In addition, this paper also pays attention to the theory of legal protection by Philipus M. Hadjon and the principles contained in International Civil Law as supporting aspects in the preparation of this analysis. To strengthen the argument, the author also compares several provisions related to the status of land ownership by foreign parties and the application of pre-marriage agreements as an alternative settlement. The final result of this writing will highlight the correctness of the judge's decision based on the author's analysis and provide suggestions that are considered relevant as solutions that can be offered.

Dewi, Anggraeni Puspa; Suhariyanto, Didik; Hartana Hartana

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the legal consequences arising from changes to personal data made by data subjects on the validity of collateral that has been used as security for credit, as well as to examine the forms of legal protection that may be granted to creditors. Changes to personal data such as identity, address, and the debtor’s legal status may lead to legal uncertainty regarding the validity of credit security agreements, particularly those involving Hak Tanggungan (mortgage rights). In this research, the author employs a normative juridical method using statutory and conceptual approaches. The findings of this study show that changes to personal data without notification or updates to the security documents have the potential to create administrative discrepancies and legal risks for creditors during the execution of the collateral. Legal protection for creditors needs to be strengthened through the regulation of the debtor’s obligation to report any changes in personal data, updates to the security certificates, and clear provisions outlined in the credit agreement. Accordingly, legal certainty between the creditor and the debtor can be maintained in line with the implementation of Law Number 27 of 2022 on Personal Data Protection.

Mukiri, Steven; Handayati, Nur; Pramesti, Wahyu

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

In this thesis, the researcher intends to find out the Default in the case of Default in the Sale and Purchase of Land. In this case, the buyer feels disadvantaged by the Seller who has committed an act in the case of default. This study uses a Sale and Purchase Agreement between the Seller and the Buyer with the object of Residential Land. The seller in this case is in the position of Land Owner. (developer). And the buyer in this case is in the position of buyer in the sale and purchase of the land. This study uses a normative juridical method, namely research using a case approach accompanied by the Law. There are three forms of default, namely carrying out what has been agreed, but not as agreed and carrying out what has been agreed, but late in carrying out something that according to the agreement should not be carried out. So in the case of the case entering into one form of default, namely carrying out what has been agreed but not as agreed. The occurrence of a non-compliance with the agreement between the seller and the buyer, namely in the land sale and purchase agreement, in which the initial agreement stated the land area was 20,000M2. If the certificate is broken, the land area exceeds what was agreed upon, the buyer is obliged to pay Rp. 5,000,000 to the buyer.

Triwanto Triwanto; Puspaningrum Puspaningrum; Dita Permata Sari

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The execution of mortgage rights on land is a crucial element in the property security legal system in Indonesia, which allows creditors to obtain debt repayment if the debtor defaults. However, the implementation of parate executie as a non-litigious mechanism based on Law Number 4 of 1996 concerning Mortgage Rights has sparked constitutional debates, particularly regarding the debtor's right to fair legal protection. This study analyzes the legal considerations of the Constitutional Court in Decision No. 10/PUU-XIX/2021, which rejected the constitutional review of the mortgage execution norms, and evaluates the legal execution procedures post-decision. Using the normative legal research method, this article examines the approach of contractual freedom, the principle of justice, and the protection of property rights in the context of creditor-debtor relationships. The study results show that the Court views parate executie as constitutionally valid, as long as it is carried out with the principles of transparency, proportionality, and the availability of legal recourse for the debtor. Therefore, legal protection within the mortgage system is not eliminated, but must be implemented through accountable and just practices. These findings provide an important normative basis for policymakers and economic actors in ensuring that the execution of guarantees runs effectively while still upholding the constitutional rights of the parties involved.

Najwa Putri Pratiwi; Cahyawiati Cahyawiati

Jurnal Relasi Publik 2025 International Forum of Researchers and Lecturers

Marriage agreements frequently give rise to juridical issues when intersecting with inheritance law, particularly within the context of second marriages. This study is based on an inheritance dispute examined in the Palangka Raya District Court Decision Number 21/Pdt.G/2022/PN.Plk, wherein the second wife argued the existence of a marriage agreement to annul the inheritance rights of children from the previous marriage. Using a normative juridical method with statutory and case approaches, this research evaluates the agreement’s validity against formal registration requirements and freedom of contract limitations. The findings indicate that the marriage agreement invoked by the defendant was declared invalid and lacked binding legal force due to noncompliance with the formal registration requirements under Article 29 of the Marriage Law and the inclusion of clauses contrary to inheritance provisions in the Civil Code, particularly concerning the rights of children as lawful heirs. Consequently, the disputed property was classified as marital property to be distributed among all heirs in accordance with applicable law. This study affirms that freedom of contract in marriage agreements is limited and cannot override legal protection of legitimate heirs.

Muhammad Mujab Nabil; Zahran Qolbi Salim; Eiffeliqa Torriq Fatima Putrinindra; Moh. Imam Gusthomi

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Law Number 51 of 2009 represents a pivotal milestone in strengthening the authority of the Indonesian Administrative Court (PTUN), particularly regarding the executorial aspects of its decisions, which were previously considered weak and insufficient in providing adequate legal protection for the public. This study aims to examine and analyze the executorial power of PTUN decisions following the enactment of the regulation, with a focus on the effectiveness of decision enforcement, the obstacles encountered, and the implications for governance based on the principles of the rule of law. Employing a normative juridical approach supported by analyses of literature, legislation, and selected court decisions, this research demonstrates that Law 51/2009 has brought significant progress, especially through provisions requiring administrative officials to comply with court rulings, the introduction of administrative sanctions, and the application of dwangsom as a coercive measure. However, its effectiveness remains suboptimal due to several persistent challenges, including weak oversight of officials who fail to implement decisions, the limited application of sanctions in practice, and a bureaucratic culture that tends to be unresponsive to judicial authority. Additionally, disharmony among sectoral regulations and insufficient inter-agency coordination further hinder the executorial function of PTUN.

Azzarah Shifana Aliq Putrie; Hanuring Ayu Ardhani Putri

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the legal protection provided to holders of Building Use Rights (HGB) on land under Management Rights (HPL) as interpreted in Supreme Court Decision No. 2160 K/Pdt/2017. The research aims to understand how civil law is applied to ensure legal certainty for HGB holders on HPL land and to strengthen insight into civil law principles used in resolving land-rights disputes. In the juridical context, land refers to the earth’s surface, while land rights are defined as authority over a specific, limited portion of that surface. Legal certainty, based on written regulations implementing the Basic Agrarian Law No. 5 of 1960, provides clarity regarding the rights and obligations of parties who own or control land. The study was conducted at the Sragen Police Resort using documentation methods—reviewing legal texts, literature, and supporting materials—along with field data obtained through interviews with relevant officers and individuals familiar with the case. The findings show that the Judex Facti of the West Java High Court made an error by declaring that no new issues required examination without giving adequate legal reasoning. The court also failed to address the objections submitted by the appellant, violating Article 50 paragraph (1) of Law No. 48 of 2009 on Judicial Power. Consequently, the Supreme Court annulled the previous decision, clarifying the legal consequences and strengthening the interpretation of HGB status on HPL land.

Fathoni Abdulfalih; Muhammad Yasykur Ibadurrahman; Jamaluddin Ahmad; Abdillah Azzam Ramadhan

Karakter : Jurnal Riset Ilmu Pendidikan Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The refugee and asylum seeker phenomenon raises complex legal issues, especially concerning their citizenship status and international legal protection. Many refugees face statelessness, which requires legal safeguards under international instruments such as the 1951 Refugee Convention and the 1967 Protocol. However, Indonesia has not ratified the 1951 Convention, relying instead on Presidential Regulation No. 125 of 2016. This study aims to compare the citizenship status of refugees and asylum seekers under international law and Indonesian national law. The research employs a normative legal method with a comparative approach by examining legal instruments, academic journals, and literature. The results show that international law provides broader protection, while Indonesian national law is limited to administrative and humanitarian aspects without granting permanent citizenship. In conclusion, there exists a normative gap between international conventions and Indonesian legal policies, requiring harmonization to ensure adequate protection for refugees and asylum seekers.

Musthofa Husni Mukti; Muhammad Ghozi Alfaruq; Muhammad Rizki Ar Ridho; Fayi' Ahmad Faiq

Karakter : Jurnal Riset Ilmu Pendidikan Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The era of globalization has introduced new dynamics in the practice of citizenship and the protection of human rights (HR), both at national and international levels. The background of this study stems from the increasing flow of migration, the rapid development of information technology, and the interconnectedness of global economic and political systems, all of which challenge the traditional concept of citizenship and mechanisms for protecting HR. The aim of this research is to analyze the relevance of citizenship in the context of globalization and to examine the effectiveness of human rights protection in addressing cross-border issues. The method employed is a literature study with a qualitative-descriptive approach, drawing on academic sources, international legal instruments, and national regulations concerning citizenship and HR. The findings indicate that globalization expands the scope of citizen participation, but simultaneously creates new vulnerabilities, such as discrimination against migrants, weak digital protection, and gaps in access to justice. On the other hand, international legal instruments and the role of transnational organizations have shown potential in strengthening protection, although their implementation still faces challenges at the domestic level. In conclusion, citizenship in the globalization era is no longer limited to a legal-formal identity, but also encompasses universal rights that demand states to enhance global collaboration, regulatory harmonization, and policy innovation in human rights protection.

Ahnaf Nur Fauzan Romadhon; Ai Nazwa Nurbayati; Darmana Aries Setiawan; Farrel Ar Rasyid; Enjang Rohiman

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of digital technology has driven the advancement of the gaming industry in Indonesia, including the emergence of local games such as DreadOut by Digital Happiness, which has gained international recognition. However, this success is accompanied by serious challenges in the form of piracy through illegal websites that harm copyright holders. This study aims to analyze the legal protection of the game DreadOut against piracy practices based on Law Number 28 of 2014 concerning Copyright. The method used is a normative juridical approach through statutory analysis and literature study. The findings show that DreadOut is a copyrighted work categorized as a video game and is legally protected. Nevertheless, law enforcement against piracy still faces various obstacles, such as the complaint-based offense system, low public awareness, and the ease of access to piracy sites. Therefore, stronger inter-agency cooperation, policy reforms to shift complaint-based offenses into ordinary offenses, and public education to increase respect for intellectual property rights are needed. Effective legal protection will support the growth of the local gaming industry and ensure the sustainability of Indonesian creative works in the digital era.

Asya Masrurah; Suhartati Suhartati; Nurmiati Nurmiati

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the forms of legal protection for copyright over fashion design and the judicial considerations applied in deciding copyright infringement in Putusan Pengadilan Niaga Makassar No. 1/Pdt.Sus-HKI/Cipta/2020/PN Niaga Makassar through a normative legal research method grounded in statutory and case approaches, where the findings demonstrate that fashion designs published through Instagram fulfill the elements of copyrightable works under Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta because they meet the requirements of originality and fixation, thereby receiving automatic protection without the need for registration, while the Panel of Judges in the decision acknowledged the existence of copyright infringement based on substantial similarities between the plaintiff’s designs and the defendant’s uploads, yet the rejection of the plaintiff’s claim for compensation is considered insufficient to provide comprehensive legal protection because it does not restore the economic or moral losses suffered and fails to produce a deterrent effect for infringers, thus emphasizing the need to strengthen copyright protection in the digital era, particularly within the fashion industry, through judicial decisions that are more comprehensive, progressive, and responsive to technological developments and the increasing complexity of copyright violations.

Bambang Tresno Wahyudi

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The main objective of this study is to examine whether agreements reached in electronic transactions through online shopping platforms comply with the fundamental principles of contract law. The principles tested include the principle of freedom of contract, the principle of consensualism, the principle of pacta sunt servanda, and the principle of good faith. In addition, this study also aims to understand the legal protection framework for consumers in the context of digital transactions. The methodology applied in this study is normative law, using an approach that focuses on legislation and a conceptual approach. The legal material used consists of primary, secondary, and tertiary legal materials. The collection of legal material was carried out through a literature study, which was then analyzed using deductive logic.Based on the results of the research and data analysis, it was concluded that agreements formed in electronic transactions through online shopping sites have fulfilled the principles of freedom of contract, consensualism, pacta sunt servanda, and good faith. Legal protection for consumers in e-commerce transactions has been adequately provided through the regulation of Law Number 11 of 2008 concerning Electronic Information and Transactions and Law Number 8 of 1999 concerning Consumer Protection.

Adinda Marsha; Najwa Nur; Ahmad Azmi

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Consumer protection is an important pillar in ensuring fairness and balance in the relationship between business actors and consumers, including for foreign nationals who transact in Indonesia. Economic globalization and digital developments are expanding the range of cross-border economic activities that demand the presence of an inclusive legal protection system that is adaptive to modern trade dynamics. This research aims to analyze consumer protection for foreign nationals in Indonesia through juridical and sociological approaches to understand the implementation of legal norms, the effectiveness of dispute resolution mechanisms, and the social realities faced by foreign consumers in practice. The research method used is normative legal research with a legislative approach and a sociological approach through the analysis of the literature, regulations, and empirical findings from various studies related to cross-border consumer protection. The results of the study show that although normatively Law Number 8 of 1999 concerning Consumer Protection guarantees equal rights for all consumers, in practice there are still administrative, cultural, linguistic, and information access obstacles experienced by foreign citizens. These findings affirm the importance of harmonizing consumer protection policies with the principles of global justice, accessibility, and non-discrimination.

Hernawati, Hanifah Linda

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rampant circulation of illegal drugs involving children as drug couriers is an issue that requires serious attention from the government, law enforcement agencies, and the wider community. It is important to note that children who commit criminal acts must still receive legal protection in order to ensure their best interests. This study aims to examine the forms of criminal liability and legal protection provided to children who act as drug couriers. The method used in this paper is normative juridical. The results of the study show that children who commit narcotics crimes, especially as couriers, can be charged under Law Number 35 of 2009 concerning Narcotics, but special provisions stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System must still be taken into account. An example of legal protection is the reduction of prison terms, as decided by the Denpasar District Court. This consideration was given because the child defendant was still underage, had an unstable psychological condition, and needed supervision and counseling to prevent recidivism. Leniency in sentencing is also important to protect children's rights.

Sefika Pradana

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The growth of digital transactions has made it easier for people to buy goods or services, including concert tickets. However, this convenience also increases the risk of fraud, especially through social media. The case of Golden Disc Award (GDA) 2024 ticket fraud on Twitter shows a systematic modus operandi, such as the use of fake accounts and identities, suspiciously cheap ticket prices, and the transfer of communication to private platforms. Victims suffer material and psychological losses, while perpetrators often disappear after receiving payment. Legally, these actions violate Article 378 of the Criminal Code, the Electronic Information and Transactions Law, and consumer rights as stipulated in the Consumer Protection Law (UUPK). This study emphasizes the importance of consumer protection in digital transactions, strengthening regulations, and improving public digital literacy to prevent fraudulent practices. Collaboration between the government, law enforcement agencies, concert organizers, digital platforms, and consumers is key to improving the security of online transactions.

Muhammad Andriansyah; H.R. Adianto Mardijono

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Legal protection for consumers is a crucial element in the legal relationship between business actors and the public, particularly in high-risk service sectors such as gas stove repair services. In practice, many consumers still experience losses due to negligence by service providers, whether caused by inadequate technical handling or insufficient information regarding the condition of the stove after repairs. This study aims to identify and analyze the forms of legal protection available to consumers who suffer losses as a result of such negligence, as well as to determine the types of legal liability that may be imposed on gas stove repair service providers. Using a normative legal research method, this study applies both legislative and conceptual approaches. The legislative approach examines relevant laws and regulations concerning consumer protection, while the conceptual approach analyzes legal principles and expert doctrines related to liability. The findings indicate that consumer protection is provided in two forms: preventive protection, which ensures product and service safety in accordance with Indonesian National Standards (SNI), and repressive protection, which is implemented through enforcement mechanisms such as claims for compensation or dispute resolution through the Consumer Dispute Settlement Agency (BPSK) or the courts. Business actors who commit negligence in providing repair services can be held legally responsible based on the principles of negligence or strict liability. To strengthen consumer protection, the study recommends the establishment of derivative regulations concerning technician certification, standardized repair service procedures, and integrated supervision of safety compliance within the gas stove repair service industry.