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Raysah Afdila Fachriah; Nuzul Rahmayani

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

An agreement is a fundamental basis in civil law relations because it gives rise to rights and obligations for the parties who bind themselves. For an agreement to be valid, consent must arise from the free will of the parties without any defect of will as regulated in Articles 1320 and 1321 of the Indonesian Civil Code (KUHPerdata). In Indonesian legal practice, apart from classic defects of will such as coercion (dwang), mistake (dwaling), and fraud (bedrog), a modern form of defect of will has also developed, namely abuse of circumstances (misbruik van omstandigheden). Abuse of circumstances occurs when one party exploits the weak condition, dependency, or ignorance of the other party to obtain unfair advantage in an agreement. This research formulates the problems of how the concept of defect of will in abuse of circumstances is applied in the jurisprudence of Indonesian contract law and what are the legal consequences of abuse of circumstances in an agreement. The method used is normative legal research with a statutory approach and conceptual approach, as well as related legal literature. The conclusion of this research shows that abuse of circumstances is a modern form of defect of will recognized through doctrine and jurisprudence. The legal consequence is that the agreement can be annulled because the element of free consent is not fulfilled. This legal consequence provides protection for the aggrieved party and confirms that the principle of freedom of contract is not absolute, but is limited by good faith, propriety, and balance.

Kuky Andean Shintong Siagian

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

This study aims to analyze the investigation process involving children as perpetrators of trafficking in persons at the Women and Children Protection Unit (PPA) of Bukittinggi Police Resort and to assess the forms of legal protection provided at each stage of the examination. This research applies an empirical juridical approach by combining literature review and field research through interviews with investigators and related parties. The findings indicate that the investigation process has been conducted in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, while upholding the principle of the best interests of the child. Legal protection is implemented through legal assistance, closed hearings, limited detention periods, and coordination with relevant institutions to support the child’s recovery and rehabilitation. However, several obstacles remain, including the limited number of investigators, restricted investigation timeframes, and difficulties in presenting witnesses. This study concludes that legal protection for children involved as perpetrators of trafficking in persons has been carried out in line with normative regulations, yet it requires strengthened institutional capacity and inter-agency coordination to ensure more effective implementation.

Robby Awaluddin Jamil

Jurnal Hukum dan Sosial Politik 2026 International Forum of Researchers and Lecturers

The reform of family law in Indonesia represents an essential response to social developments and the growing demand for constitutional protection of citizens’ rights. Family law, primarily governed by Law Number 1 of 1974 on Marriage, has long been criticized for not fully reflecting substantive justice, particularly for vulnerable groups such as children born outside marriage, persons with mental disabilities, and couples facing complex marital relations. In this context, the Constitutional Court of Indonesia (Mahkamah Konstitusi) plays a crucial role as the guardian of the Constitution by promoting progressive reforms through its landmark decisions. This study examines the implications of five significant Constitutional Court rulings: Decision No. 46/PUU-VIII/2010 concerning the legal recognition of children born out of wedlock; Decision No. 93/PUU-XX/2022 addressing guardianship and the rights of persons with mental disabilities; Decision No. 69/PUU-XIII/2015 allowing post-nuptial agreements; and Decisions No. 68/PUU-XII/2014 and No. 24/PUU-XX/2022 regarding interfaith marriage. These rulings demonstrate a paradigm shift from a rigid legalistic approach toward a constitutional framework grounded in human rights, equality, and substantive justice. Furthermore, notaries hold a strategic position as public officials authorized to draft authentic deeds, serving as a bridge between constitutional values and legal practice. Notaries are not merely administrative actors but are responsible for ensuring that legal documents align with positive law and provide legal certainty and protection for individuals. Therefore, the reform of Indonesian family law should not remain solely at the normative level of Constitutional Court rulings but must be effectively implemented in daily legal practice.

Khaza Naturrachma; Nuzul Rahmayani

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

The Cash on Delivery (COD) system is one of the payment methods frequently used in online buying and selling transactions, where consumers pay for ordered products upon receipt of the goods. Although it provides convenience, this system often causes problems, especially related to transaction cancellations by consumers after the delivery process has been carried out by business actors. This research examines how the regulation and allocation of risk for goods return in the COD system according to the Civil Code and the forms of legal protection provided to business actors against the risk of goods return in the COD system according to Law Number 8 of 1999 concerning Consumer Protection. The method used in this research is normative, supplemented by literature study results such as legislation. The results show that the Civil Code recognizes the concept of risk as a legal consequence related to the possibility of losses on the object of the agreement, and legal protection for business actors is divided into preventive legal protection and repressive legal protection.

Muhammad Rizky Aditia Nugraha

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

The position of children in marriage plays an important role in family law because it is related to the legal status and fulfillment of children's civil rights. Differences in regulations regarding legitimate children and children born out of wedlock in Indonesian positive law create legal uncertainty, particularly regarding civil relations with biological fathers. This study aims to analyze the legal status of legitimate children and illegitimate children and the changes in the legal paradigm following Constitutional Court Decision Number 46/PUU-VII/2010. This study uses normative legal methods with a statutory and conceptual approach. The results show that before the Constitutional Court decision, illegitimate children only had a civil relationship with their mother and their mother's family, whereas after the decision, illegitimate children can have a civil relationship with their biological father as long as the blood relationship can be legally proven. This decision confirms legal reform efforts to guarantee protection and legal certainty for children without discrimination based on birth status.

Nurul Ramadhini; Kartika Dewi Irianto

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

Copyright infringement in the music sector continues to be a significant issue in Indonesia, particularly when musical works are commercially used by business operators. Copyright law provides legal protection for creative works, including songs or music, by granting exclusive rights to control use and derive benefits from such creations. This research examines the legal analysis of copyright holders in compensation for royalty payments. The method used in this research is normative, supplemented by literature studies, including relevant regulations and previous research on song or music copyright. The research findings indicate that royalty payment is a legal obligation for every user of songs in commercial activities, and creators are entitled to such compensation. However, in the Mie Gacoan case in Bali, it is evident that the implementation of these provisions remains constrained due to weak legal understanding, supervision, and compliance, necessitating strengthened law enforcement and optimization of the role of collective management institutions.

Welly Oktrisni

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

Efforts to protect children in conflict with the law constitute a concrete manifestation of the state’s responsibility in implementing the principles of restorative justice. This study aims to comprehensively examine the implementation process of diversion at the Pengadilan Negeri Bukittinggi and to assess the extent to which its application achieves the primary objective of the juvenile criminal justice system, namely restoring the child’s social condition without emphasizing retribution. This research employs an empirical juridical approach by combining literature review and field research through interviews with judges, court clerks, and other relevant parties. The findings indicate that the implementation of diversion at the Pengadilan Negeri Bukittinggi has been carried out in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The diversion process is conducted through deliberation involving the offender, the victim, their respective families, and supporting institutions under the guidance of a diversion facilitator. However, several challenges remain, including limited public understanding of the importance of restorative-based settlement, insufficient human resources with adequate competence in implementing diversion, and frequent failures in reaching agreements between offenders and victims. This study concludes that diversion in court proceedings is not merely a legal obligation but also an essential instrument in creating a more humane child-oriented justice system. Therefore, enhancing the competence of law enforcement officers and strengthening inter-agency coordination are necessary to support the sustainable success of diversion.

Mohamad Ihsan Ramdani; Diah Nurlita

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

This study is motivated by the increasing complexity of financing coordination between the National Health Insurance (BPJS Kesehatan) and supplementary health insurance providers under the Coordination of Benefits (KAPJ) scheme, which creates potential claim disputes and administrative risks for hospitals. Although Minister of Health Decree No. HK.01.07/MENKES/1117/2025 regulates payment allocation and membership verification mechanisms, it does not explicitly recognize pre-admission confirmation as a preventive legal protection instrument. This research aims to analyze the normative position of pre-admission confirmation within the KAPJ framework, conceptualize it as a preventive legal protection mechanism, and formulate a proportional implementation model. The study employs a normative juridical method using statutory and conceptual approaches through literature review of relevant regulations and scholarly works. The findings indicate that pre-admission confirmation possesses implicit normative legitimacy through membership verification obligations and system integration requirements, and functions as a risk allocation mechanism that clarifies payment responsibilities prior to service delivery. Its implementation enhances legal certainty, reduces fraud potential, and minimizes claim disputes, provided that access to emergency medical services remains guaranteed.

Marthen Arnoldus Rehabeam Manongga; Cecep Suhardiman

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

The rapid development of e-commerce has significantly increased the participation of Micro, Small, and Medium Enterprises (MSMEs) in the digital economy, particularly through the use of pre-order transaction schemes. Although Indonesia has established a relatively comprehensive legal framework for consumer protection and electronic transactions, pre-order transactions involving MSME products remain highly vulnerable to fraud. This study aims to analyze the effectiveness of legal regulation and implementation of consumer protection in pre-order transactions conducted through e-commerce platforms, to identify legal, institutional, and social factors contributing to consumer vulnerability, and to examine the role of the state and e-commerce platform providers in strengthening consumer protection as a public policy. This research employs a normative legal research method with a prescriptive-analytical character, utilizing statutory, conceptual, and case approaches. The findings reveal that existing consumer protection mechanisms remain partial and predominantly reactive, as they do not specifically accommodate the inherent risks of pre-order transactions nor are they supported by preventive supervision and enforcement mechanisms. Consumer vulnerability arises from the interaction between regulatory gaps, institutional limitations, and social conditions such as information asymmetry and low legal and digital literacy. Accordingly, this study emphasizes the necessity of a synergistic role between the state and e-commerce platforms in developing and implementing consumer protection policies oriented toward substantive justice and fraud prevention in the digital economy.

Cipto Hardoyo; Yasmirah Mandasari Saragih; Biner Sihotang

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

The enforcement of election criminal law plays a crucial role in safeguarding democratic integrity and upholding the principle of popular sovereignty. Law Number 7 of 2017 establishes the Integrated Law Enforcement Center (Sentra Gakkumdu) as a coordinated mechanism involving the Election Supervisory Body, the Police, and the Prosecution Service in addressing election crimes. However, in practice, the Gakkumdu system has not fully ensured a balanced realization of legal certainty, substantive justice, and legal utility. This study aims to analyze the problems of election criminal law enforcement within the Gakkumdu system, examine the relevance of the Restorative Justice approach in election law, and formulate a reconstruction of election criminal law enforcement based on this approach. This research employs normative legal research using statutory, conceptual, legal philosophy, and legal policy approaches. The findings indicate that the weaknesses in election criminal law enforcement arise from institutional fragmentation, normative ambiguity, and a legal culture dominated by legalistic and sectoral perspectives. The Restorative Justice approach is considered relevant as it prioritizes substantive justice and the restoration of democratic values. Therefore, reconstructing election criminal law enforcement based on Restorative Justice is essential to strengthening democratic legitimacy and public trust in elections in Indonesia.

Alminus Arian Nong Bao

Jurnal Pendidikan Pancasila dan Kewarganegaraan 2026 Asosiasi Periset Bahasa Sastra Indonesia

This study aims to examine the role of the Village Government in enforcing customary law sanctions of Wake Uru Sorong Tada and to analyze the effectiveness of its implementation in Heo Puat Village, Hewokloang District, Sikka Regency. Wake Uru Sorong Tada is a form of customary law that functions as a traditional prohibition to regulate and protect community ownership of agricultural products and commodities. This research employs a qualitative descriptive method. Data were collected through observation, in-depth interviews, and documentation involving key informants such as the village head, Village Consultative Body members, traditional leaders, and community members. Data analysis was conducted using the interactive model proposed by Miles and Huberman, which includes data reduction, data display, and conclusion drawing. The findings reveal that the Heo Puat Village Government plays an active role as a facilitator, mediator, and guarantor in enforcing customary sanctions in accordance with Village Regulation Number 2 of 2009. The village government does not directly determine the sanctions but collaborates closely with customary institutions in resolving violations. The enforcement of Wake Uru Sorong Tada customary law sanctions is considered effective in maintaining social order, security, and a sense of safety in property ownership among community members. The strict and binding nature of customary sanctions has significantly increased legal awareness and minimized social conflicts within the village.

Damun Damun; Yasmirah Mandasari Saragih; Biner Sihotang

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

This research is motivated by the phenomenon of theft committed by 15-year-old adolescents in market environments, which creates tension between criminal law enforcement and the principle of child protection in the Indonesian legal system. The study aims to analyze the legal regulations of theft under the old Criminal Code (Law No. 1 of 1946), the new Criminal Code (Law No. 1 of 2023), and the Juvenile Criminal Justice System Law; to examine the criminal liability of adolescents from the perspective of criminal law theory; and to review the implementation of restorative justice and diversion. The research method used is normative legal research with statutory, conceptual, and case approaches, particularly reviewing the provisions of Article 591 of the new Criminal Code, the theory of fault, and the principle of proportionality. The results indicate that the criminal liability of children must take into account psychological limitations, maturity levels, and criminogenic factors, including the influence of the social environment. Furthermore, the mens rea element in the phrase "known or reasonably suspected" is difficult to apply in practice to transactions involving small losses, as price reasonableness can obscure indications of malicious intent. This finding affirms that imposing criminal penalties on children in cases of petty theft potentially contradicts the principles of ultimum remedium and proportionality. Therefore, law enforcement should prioritize diversion, mediation, and restorative justice approaches by involving families and communities to achieve substantive justice and prevent excessive criminalization of children.

Abednego Satrio Nugroho Purba; Cecep Suhardiman

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

Corporate Social Responsibility (CSR) in Indonesia has undergone a paradigmatic shift from voluntary philanthropic activities to a legally binding obligation grounded in various statutory regulations, particularly Law Number 40 of 2007 on Limited Liability Companies and Law Number 25 of 2007 on Investment. This study aims to analyze the legal framework governing CSR in Indonesia from a public policy perspective, to evaluate the implementation of CSR by corporations, and to identify normative and empirical constraints that hinder the optimization of CSR as an instrument of sustainable development. The research employs a normative juridical method with statutory, conceptual, case-based, and policy analysis approaches. The findings indicate that CSR regulation remains partial in nature, primarily due to the limitation of mandatory obligations to specific sectors, the absence of clear and enforceable sanctions, and the lack of national standards for reporting and oversight.

Rana Luma Nafia; Putri Mela Dewi; Raditya Tri Wicaksono; Bidik Wisnu Permana; As’ari As’ari +9 more

Jurnal Pengabdian Masyarakat Terapan 2026 Lembaga Pengembangan Kinerja Dosen

Buillying is a form of violeincei that freiquieintly occuirs in school einvironmeints and can neigativeily affeict childrein’s psychological, social, and acadeimic deiveilopmeint. As suibjeicts of law, childrein havei thei right to reiceiivei proteiction from all forms of violeincei as reiguilateid by statuitory provisions. This Commuinity Seirvicei Program (Kuiliah Keirja Nyata/KKN) aims to increiasei stuideints’ awareineiss at SDN 2 Waydadi reigarding thei dangeirs of buillying and thei importancei of child leigal proteiction throuigh anti-buillying socialization activitieis. Thei meithod eimployeid was leigal couinseiling uising an eiduicational and participatory approach, incluiding mateirial preiseintations, inteiractivei discuissions, and thei provision of simplei casei eixampleis adapteid to thei agei leiveil of eileimeintary school stuideints. Thei reisuilts of thei activity indicatei an increiasei in stuideints’ uindeirstanding of thei deifinition and typeis of buillying, its impacts, preiveintion eifforts, and availablei forms of leigal proteiction as reiguilateid uindeir thei Child Proteiction Law, and  thei Indoneisian Criminal Codei. This activity is eixpeicteid to seirvei as a preiveintivei eiffort to reiduicei buillying and to suipport thei creiation of a safei and child-frieindly school einvironmeint.

Samsuto Samsuto; Yasmirah Mandasari Saragih; Biner Sihotang

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

This study analyzes the construction of criminal liability in the crime of handling stolen goods, focusing on situations where the perpetrator purchases or receives goods without knowing they are the result of a crime, especially when the economic value is relatively small, i.e., below Rp5,000,000. This normative study uses a legislative approach by examining Article 591 of Law Number 1 of 2023 on the Criminal Code (KUHP), as well as a conceptual approach to the theory of fault (schuld) and the principle of proportionality. The study's findings show that in transactions involving low-value goods, proving the subjective element of "knowing or should have known" becomes highly problematic because the element of intent (dolus) is often not met without objective suspicious indications. The concept of price fairness plays a key role as the primary indicator of normal transactions and weakens the assumption that the perpetrator should suspect the illegal origin of the goods. This study recommends that law enforcement consider using non-criminal mechanisms, such as restitution or mediation, to achieve substantive justice and avoid excessive criminalization.

Sri Banun; Muhammad Azmi

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

The family is the smallest unit in society, within which rights and obligations exist as in social life in general. In fulfilling individual needs and interests, conflicts often arise, including disputes over inheritance distribution. Inheritance refers to the property left behind by a deceased person, which must be distributed to entitled heirs in accordance with Islamic law or customary law applicable within the community. Problems frequently emerge regarding the position of substitute heirs, particularly nephews, within the Islamic inheritance system. This study entitled “Various Aspects of Family Law in Indonesia: The Problematics of the Position of Nephews as Substitute Heirs in Islamic Law” aims to examine the status of substitute heirs in inheritance distribution and to identify the conditions under which substitute heirs are recognized in Islamic law. The research employs a normative method with a library-based approach, analyzing classical fiqh literature and scholarly opinions. The data consist of primary and secondary sources collected through document study. The findings indicate that a substitute heir is recognized when the primary heir dies after the testator but before the inheritance has been distributed, allowing the substitute heir to receive the share in accordance with Islamic legal provisions.

Hadi Karyono; Krismiyarsi; Mahmuda Pancawisma Febriharini; Kunarto

Jurnal Suara Pengabdian 45 2026 LPPM Universitas 17 Agustus 1945 Semarang

Penyuluhan hukum ini bertujuan membangun kesadaran hukum melalui penguatan “konstitusi batin”, yaitu kesadaran nilai moral, etika, dan tanggung jawab dalam diri individu sebagai dasar berperilaku dalam kehidupan pribadi dan sosial. Bagi anak-anak dan remaja di panti sosial, kesadaran hukum tidak cukup hanya melalui pemahaman aturan, tetapi perlu ditumbuhkan melalui pembentukan karakter, kedisiplinan, serta penghargaan terhadap nilai-nilai Pancasila dan norma kehidupan bersama. Melalui pendekatan edukatif dan dialogis, kegiatan penyuluhan hukum oleh Fakultas Hukum UNTAG Semarang di Panti Sosial Pelayanan Anak Tawangmangu Karanganyar ini diharapkan mampu menanamkan pemahaman bahwa hukum hadir untuk melindungi, membimbing, dan menciptakan ketertiban serta keadilan. Dengan terbentuknya konstitusi batin yang kuat, anak-anak diharapkan tumbuh menjadi pribadi berintegritas, sadar hukum, dan bertanggung jawab dalam kehidupan bermasyarakat, berbangsa, dan bernegara.

Putu Ryanniva Karenina

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to evaluate the effectiveness of implementing Law Number 27 of 2022 concerning Personal Data Protection in Indonesia's efforts to prevent and combat phishing crimes. This research employs a normative legal method to analyze the implementation of the PDP Law in the context of preventing and combating phishing crimes. The findings indicate that the PDP Law has provided a comprehensive legal framework for protecting personal data, including data that is often targeted by phishing attacks.The implementation of the PDP Law is overseen by the Personal Data Protection Authority, which has the authority to impose administrative sanctions, support law enforcement processes, and evaluate cross-border data transfers. To achieve maximum effectiveness in combating phishing crimes, strong synergy is needed between the government, private sector, and the public. The PDP Law has provided a good legal framework, but the success of its implementation is highly dependent on the commitment of all parties to work together in protecting personal data.

Juliansyah Yugis Saputra; Dyah Ersita Yustanti

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of information technology has triggered significant changes in the Indonesian healthcare system, including through the implementation of telemedicine as a key innovation. This digital health innovation requires strengthening the role of health law to ensure service quality, patient safety, and legal guarantees for healthcare workers and service providers. This paper aims to examine the function of health law in the management of national healthcare services, with a particular focus on telemedicine healthcare services, and to evaluate the suitability of its regulations in protecting patient rights. The methodology used is normative legal analysis, which involves examining various laws and regulations such as Law Number 72 of 2023 concerning Health, Law Number 8 of 1999 concerning Consumer Protection, and Regulation of the Minister of Health Number 20 of 2019 concerning the Implementation of Telemedicine Services. Supporting data was obtained from reviewing national scientific journals, which discuss aspects of health law and telemedicine in Indonesia. The results of the study indicate that health law functions as a mechanism to regulate service standards, protect patient rights, and oversee the accountability of healthcare workers in telemedicine practices. However, the implementation of regulations related to telemedicine still faces several obstacles.

Muthia Zahra Qurraatha Aini

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The digitalization of payment systems constitutes an integral part of economic digital transformation, driving a shift in transactions from cash-based to technology-based cashless payments. In Indonesia, this digitalization is manifested through the development of the Quick Response Code Indonesian Standard (QRIS) by Bank Indonesia as a national standard for QR code–based payments. Along with its development, QRIS has not only been used in domestic transactions but has also been implemented in cross-border transactions through intercountry payment system cooperation, particularly within the ASEAN region. However, the rapid expansion of QRIS has not been accompanied by comprehensive and structured legal regulation. This study aims to analyze the structure and hierarchy of QRIS regulation within Indonesia’s payment system as well as the forms of legal protection for consumers in cross-border QRIS transactions. The research employs a normative juridical method using statutory, historical, and conceptual approaches. The findings indicate that QRIS does not yet have a Bank Indonesia Regulation as a primary regulatory framework and is regulated solely through a Regulation of Members of the Board of Governors, which hierarchically functions as an implementing regulation. Consequently, QRIS regulation refers to several different Bank Indonesia Regulations, resulting in regulatory fragmentation. This condition has implications for legal uncertainty and the suboptimal legal protection of consumers in cross-border QRIS transactions.