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Muhammad Bima Nafis Mulki; Temmy Fitriah Alfiany

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

The purpose of this study is to determine how the regulation and implementation of legal protection for lenders in cases of default based on the Financial Services Authority Regulation (POJK) No. 77/POJK.01/2016 concerning Information Technology-Based Money Lending Services. This study also examines the form of legal responsibility of the platform organizer, as well as dispute resolution efforts that can be taken by lenders. The research method used is the normative legal method with a statutory regulatory approach and case studies. Data were obtained through literature studies and documentation of applicable legal provisions, as well as relevant documents and reports from PT. Crowde. The analysis was carried out qualitatively-descriptively to assess the suitability between field practices and applicable regulations. The results of the study indicate that POJK No. 77/POJK.01/2016 has not fully provided comprehensive legal protection for lenders in cases of default. Legal responsibility for default is still largely borne by the civil relationship between the borrower and the lender, without any concrete risk recovery mechanism from the organizer. Therefore, it is necessary to strengthen regulations, increase platform transparency, and play an active role for the OJK and the Indonesian Joint Funding Fintech Association (AFPI) in supervising and following up on default cases.

Nabiha Khansa Rusyda

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal protection of personal data subjects in the case of the 2024 data breach at the Temporary National Data Center (PDNS) managed by the Ministry of Communication and Informatics (Kominfo), based on Law Number 27 of 2022 on Personal Data Protection. The research employs a normative juridical method with a case study approach and statutory analysis. Legal materials are obtained from primary and secondary sources using literature research techniques. The findings reveal that Kominfo, as a public body and personal data controller, has not fully fulfilled its obligations to protect personal data as mandated by the law, as reflected in weak security systems, lack of transparency, and slow response to the breach incident. This study highlights the urgent need for the establishment of implementing regulations and an independent supervisory institution to ensure the effective protection of personal data for the public in Indonesia.

Mirna Syafitri Rahmadani; Sumantri Ritonga; M. Iqbal Parinduri; Herna Adelia BR Simamora

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

This study uses a qualitative method to analyze criminal law enforcement against violations of workers’ rights, especially cases of worker neglect based on Law Number 13 of 2003 concerning Manpower. The focus of this study is to examine how the implementation of criminal law is applied in handling cases of worker neglect, as well as the effectiveness of legal protection provided to workers whose rights are violated. Through a descriptive analytical approach, data were collected from various sources, including interviews with related parties and legal document studies, in order to obtain a comprehensive picture of the obstacles and challenges in law enforcement in the field of employment. The results of the study indicate that although Law Number 13 of 2003 has clearly regulated the rights and obligations of workers and employers, there are still obstacles in its implementation, especially in terms of supervision and enforcement of criminal sanctions against violations. This study recommends increasing the role of labor inspectors and optimizing law enforcement mechanisms to ensure effective protection of workers’ rights.

Brigita Natalia Rose Santi; Adi Sulistiyono

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

Postponement of Debt Payment Obligations (PKPU) is a legal mechanism that provides an opportunity for creditors and debtors to submit a debt reschedule plan to avoid bankruptcy. In the PKPU process, creditors have a role in determining the success of the agreement. In this case, concurrent creditors are more advantaged, because their position can be equal to that of separatist creditors who have collateral. This study examines how the existence of concurrent creditor sovereignty in the agreement process through PKPU, and to what extent the regulations regarding concurrent creditors and their rights are benefited in the cassation decision, especially in the Supreme Court Decision Number 751 K /Pdt.Sus-Pailit/2024. This research is a normative legal research, with prescriptive legal approach and conceptual approach. The types of data used include primary and secondary legal materials, which are collected through literature studies. The legal material analysis technique uses the syllogism and interpretation methods. The results of the analysis, this study identifies how the protection of concurrent creditor sovereignty in peace through PKPU. And how the Supreme Court Decision in Decision No. 751 K/Pdt.Sus-Pailit/2024 pays more attention to concurrent creditors. In this discussion, shows how the regulations and legal protection of concurrent creditors, while discussing the Supreme Court Decision No. 751 K/Pdt.Sus-Pailit/2024 which gave rise to polemics in the interpretation of the provisions of Article 281 paragraph 1. However, it is likely to reflect the judiciary in considering all creditors and debtors, to achieve equal justice for all parties.

I Putu Gede Nesa Saputra Yasa

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

The development of the digital economy has led to a significant increase in the number of freelance workers in Indonesia. Despite their growing contribution to the economy, their legal status within the national employment system remains normatively ambiguous. This research aims to analyze the normative ambiguity of the status of freelance workers in Indonesian legislation and its juridical implications for their legal protection. The research method used is normative juridical with a statute approach and a conceptual approach. The results indicate that Law No. 13 of 2003 concerning Manpower in conjunction with Law No. 6 of 2023 does not explicitly define or regulate the category of freelance workers. Consequently, their legal relationship is often positioned in a grey area between a "work relationship" of a subordinative nature and a "partnership relationship" of a coordinative nature based on the Indonesian Civil Code. The implications of this ambiguity are significant, encompassing the absence of normative rights such as minimum wage, social security, severance pay, and uncertainty in dispute resolution mechanisms. This study concludes that normative ambiguity creates legal vulnerability for freelancers and recommends regulatory reform to provide legal certainty and adaptive protection for non-standard work models.

Nuna, Riknan; Thalib, Satriyo Pratama; Moonti, Roy Marthen; Kasim, Muslim A.

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

The protection of justice collaborators (JC) is a vital element in the eradication of extraordinary crimes such as corruption, narcotics, and premeditated murder. However, in the practice of criminal justice in Indonesia, there is still a gap between the normative legal framework and the implementation of protection for JCs. This research aims to juridically evaluate the effectiveness of the JC protection mechanism based on national regulations and judicial practice. The method used is normative legal research with a case study approach, through analysis of legislation, court decisions, and LPSK documents. The results of the study show that weak institutional coordination, inconsistency of decisions, and lack of post-trial protection are the main obstacles. It is necessary to codify JC protection in criminal procedure law and strengthen the capacity of legal apparatus to realize comprehensive protection. This research contributes to the development of a fairer and more responsive justice system in protecting the moral courage of JCs.

Hinelo, Fikran; Djailani, Abdul Rizal; Moonti, Roy Marthen; Kasim, Muslim A.

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

Cases of child sexual abuse in Indonesia continue to show an alarming trend and have serious physical, psychological and social impacts on victims. This research aims to analyze the legal and social implications of these criminal acts and formulate responsive and adaptive legal protection strategies. The research method uses a normative-juridical approach through a literature study, supported by secondary data from scientific journals, laws and regulations, and official reports. The results of the study show that although child protection regulations have been regulated in Law Number 35 of 2014 and Law Number 12 of 2022, their implementation still faces obstacles, such as weak law enforcement, lack of assistance services, and low public legal awareness. Protection strategies based on the victim's perspective, community legal education, and utilization of digital technology are proposed as solutions. This research recommends inter-agency synergy and the strengthening of a legal system that is adaptive to social and digital developments

Faisal Lutfi; Rahmayanti Rahmayanti; Muhammad Faiz Hadi; Eddy Eddy

International Journal of Social Welfare and Family Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Legal protection of personal health data amidst the rapid digitalization of health services, such as telemedicine, electronic medical records, and online consultation applications is very important. Sensitive health data requires careful management, but in fact, many digital service providers in Indonesia have not implemented adequate security standards. The case of the BPJS Kesehatan participant data leak is a real example of the weakness of the data protection system, coupled with the practice of data misuse by digital platforms without valid consent. The method used is qualitative with a normative legal approach, through a literature study of primary and secondary regulations such as Law No. 27 of 2022 concerning Personal Data Protection (UU PDP), the ITE Law, and related Government Regulations and Permenkes. The results of the study show that although regulations are comprehensively available, implementation in the field still faces serious challenges such as the lack of appointment of Data Protection Officers (DPOs), weak supervision, and low awareness of data protection. Real threats such as cyber attacks, data leaks due to negligence, and misuse by third parties are the main issues. Electronic system providers have a great responsibility in building an information security system, preparing privacy policies, and implementing the principle of "privacy by design".  

Muhd. Basry Hamaya

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The policy of postpaid data quota elimination by telecommunication companies in Indonesia has raised legal issues in the context of consumer protection. This practice is often implemented without transparency or explicit consent from consumers, despite the fact that the data quotas have been fully paid. This study aims to analyze the compatibility of the quota elimination policy with the principles of contractual fairness and consumer protection under Indonesian positive law. The research uses a normative juridical method, focusing on statutory regulations, legal doctrines, and comparative practices from other jurisdictions. The findings reveal that standard clauses regulating data quota forfeiture without a rollover or compensation mechanism contradict Article 18 of Law Number 8 of 1999 concerning Consumer Protection and violate the principles of good faith, balance, and transparency in contracts. Therefore, such policies are inconsistent with the doctrine of fair contracts and the legal responsibilities of business actors as mandated in the Indonesian consumer protection legal system. This study recommends the establishment of technical regulations by BRTI and the Ministry of Communication and Information (Kominfo) to ensure fair and sustainable protection of consumer rights over paid data services.  

Usman, Arya Ramadhan; Mokodogan, Natasya; Moonti, Roy Marthen

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

Female-headed households (PEKKA) in rural areas represent a vulnerable group that often faces structural barriers in accessing their social and economic rights, particularly in relation to Cash Transfer Assistance (BLT) policies. The urgency of this study stems from the persistent gap between policy implementation and the specific needs of PEKKA. This research aims to examine the forms of legal protection and economic access available to PEKKA in several villages in Central Java through the BLT scheme. Utilizing a qualitative approach, data were collected through in-depth interviews, observation, and document analysis, and analyzed using descriptive qualitative methods. The findings reveal that administrative obstacles, social stigma, and the lack of gender-sensitive approaches are key factors hindering the fulfillment of PEKKA’s rights. Although formal policies exist, their implementation at the local level remains unresponsive and fails to address structural inequalities. This study contributes to the development of socially just and gender-equitable policy frameworks at the village level. It concludes that reformulating inclusive and advocacy-based social policies for PEKKA is essential, alongside further research exploring transformative legal approaches and sustainable economic empowerment.

Arya Pratama Nazara; Mhd Fadillah Pulungan; Lokot Hasanah Harahap; Rizka Arifah

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study uses qualitative methods to analyze the law on menstrual leave and maternity leave rights in the practice of the workplace in Indonesia. This study aims to examine the implementation of Law Number 13 of 2003 concerning Manpower which provides menstrual leave and maternity leave rights for female workers, and examines the obstacles faced in its implementation in various companies. The results of the study indicate that although the legal framework has clearly regulated these rights, their implementation in the field is still not optimal. The main obstacles found include the lack of understanding and awareness of workers and employers, weak government supervision, and the existence of cultural stigma and discrimination related to menstruation and pregnancy. In addition, several companies still implement policies that are not in accordance with regulations, such as salary deductions or restrictions on leave rights. This study recommends increasing the socialization of regulations, strengthening supervision, and enforcing strict sanctions so that legal protection for menstrual leave and maternity leave rights can be realized fairly and effectively, thereby supporting social justice and the protection of female workers in Indonesia.  

Melia Dwi Hasanah; Dea Zulfa Inayah; Nazwa Bunga Rezki Perdana Lubis; Cindy Aulia

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study uses a qualitative method to examine legal protection for female workers who experience discrimination in employment relationships. Discrimination against women in the workplace remains prevalent, taking forms such as unequal pay, limited opportunities for promotion, and sexual harassment, all of which affect their safety and comfort at work. Legal protection for female workers is regulated by various laws, including the Manpower Act, the Human Rights Act, and ILO conventions ratified by Indonesia. However, the implementation of these protections is often ineffective due to weak law enforcement, limited awareness among female workers regarding their rights, and the persistence of patriarchal culture. This study aims to analyze the extent to which legal regulations and their implementation function effectively, as well as the obstacles female workers face in claiming their rights. Data were collected through in-depth interviews, literature review, and document analysis. The findings indicate the need to strengthen labor inspection institutions and provide legal education for female workers to achieve justice in employment relationships.  

Eka Sakti Panca Indraningsih; Hedwig Adianto Mau; Mardi Candra

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

The use of materials in health research requires a binding instrument to regulate the distribution of benefits. Material Transfer Agreement (MTA) is an essential material transfer agreement, allowing the management of the transfer through negotiation until a mutually beneficial agreement is reached. In addition, MTA functions as a contract that protects the rights of the parties involved and ensures compliance with regulations, based on the theory of legal protection and authority. This study uses a normative legal method with a statutory and conceptual approach. The collection of legal materials is carried out through the identification of positive legal rules, as well as examining primary, secondary, and tertiary sources. The data is then analyzed from the identification of legal facts to drawing conclusions. The results of the study show that MTA regulations in Indonesia are comprehensively regulated by various levels, including Law Number 17 of 2023 concerning Health (Article 340 paragraph 3), Law Number 11 of 2019 (Article 76 letter h and Article 77 paragraph 1), Government Regulation Number 28 of 2024 (Articles 972, 1025–1031), and Regulation of the Minister of Health Number 85 of 2020 (Articles 4, 5, 6, 7, 9, 14, 15, and 16 paragraph 1). These national legal frameworks complement each other to ensure procedural certainty, biosafety, benefit sharing, protection of intellectual property rights, and sanctions for violators in the transfer of health materials. Although its implementation faces preventive and repressive challenges, MTA has proven essential in bridging national and commercial interests, increasing the capacity of science and technology, and protecting the sovereignty of Indonesia's genetic resources.

Sebastian Alboen Sihombing; Reva Setianingsih; God Godsent; Urai Vidia

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Legal protection for consumers is an important issue in maintaining public trust in products circulating in the market, especially in subsidized cooking oil products. Decreasing quality or cutting product content can affect consumer perception, which has an impact on decreasing trust in the product brand. This study aims to analyze the impact of legal protection on the consequences of cutting subsidized cooking oil and how this incident affects public trust. The research method used is a qualitative approach with a case study analysis of the event of cutting the contents of cooking oil products by PT AEGA. The results of the study indicate that non-compliance with product quality standards can cause consumer distrust and worsen the brand image that has been identified with the government subsidy program. Therefore, it is important for the government and business actors to increase transparency, supervision, and law enforcement so that the public does not feel disadvantaged and continues to trust the products they consume. This study also recommends strengthening regulations and legal counseling to the public to increase their awareness and participation in consumer protection.

Indah Purbasari; Febri Khoirul Auni; Moh. Rudi Fajar

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

The resolution of joint property disputes after divorce is a significant issue in Islamic family law in Indonesia, as it pertains to justice and legal protection for former spouses. One available alternative for settlement is through a Peace Deed (Akta Perdamaian), which results from the parties’ agreement and is ratified by the religious court judge. This study employs a qualitative approach using a case study method on the Decision of the Religious Court of Surabaya No. 1700/Pdt.G/2025/PA.SBY. The findings show that the Peace Deed is an effective instrument for resolving joint property disputes quickly, efficiently, and without prolonged litigation. Professionally conducted mediation plays a crucial role in reaching a fair and balanced agreement. Moreover, the court’s ratification of the agreement grants the Peace Deed binding legal force and allows for execution in case of non-compliance. This mechanism also helps reduce post-divorce emotional conflict and maintains good relations between parties. This study illustrates how the Peace Deed can serve as an alternative solution for resolving joint property disputes and offers recommendations for courts to optimize the role of mediation and expand public awareness about the benefits of dispute resolution through peaceful agreements.

Joni Harianto; Zeis Zultaqwa; Mohamad Donie Aulia

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

The Industrial Design Rights of the Koper Generator have been revoked based on the Decision of the Central Jakarta Commercial Court No. 78/Pdt.Sus-HKI/Desain Industri/2023/PN.Niaga,Jkt.Pst. However, even though the registration of the Koper Generator Industrial Design has been revoked, the rights holder continues to exercise his economic rights, thereby causing real losses to the Plaintiff. Therefore, the Plaintiff filed a lawsuit for infringement of industrial design rights and a claim for compensation. The decision on the lawsuit basically rejected the Plaintiff's lawsuit, on the grounds that the Plaintiff did not have legal standing to file a lawsuit for infringement of industrial design rights and a claim for compensation.Based on the results of the study, it was found that legal protection for related parties or parties interested in industrial design rights is only related to filing a lawsuit for cancellation of industrial design rights, but cannot reach legal protection to file a lawsuit for infringement of industrial design rights and a claim for compensation; Legal considerations of the Panel of Judges of the Commercial Court in case No. 76/Pdt.Sus-Hki/Desain Industri/2023/PN.Niaga.Jkt.Pst, is not appropriate, because it does not consider the fact of bad faith from the Defendants who continue to exercise their industrial design rights, even though their industrial design rights (Genset Koper) have been revoked by a court decision. The fact of direct losses suffered by the Plaintiff is not taken into consideration. This can make the judge's decision based on formalistic or procedural justice.

Nikmah Dalimunthe; Tasya Fadilah

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

Domestic helpers (DWs) play a vital role in sustaining household life in urban areas, yet their legal position in the Indonesian labour system remains marginal and vulnerable, without adequate legal protection. This research aims to analyse juridically normatively the legal position of domestic workers within the framework of national labour law and identify regulatory gaps and structural barriers that hinder the protection of their basic rights. Using a literature study method and a normative juridical approach, this research examines legislation, legal doctrine, and recent scientific literature. The analysis shows that Law No. 13 Year 2003 does not recognise domestic workers as formal workers, and Permenaker No. 2 Year 2015 is non-binding, creating a legal vacuum that results in vulnerability to exploitation, discrimination, and human rights violations. The absence of special regulations such as the PPRT Bill and the non-ratification of ILO Convention No. 189 exacerbate structural injustice against domestic workers. This research concludes that the legal protection of domestic workers is very weak normatively and practically, so regulative reform is needed through the enactment of special laws and harmonisation of national laws with international human rights standards in order to create a fair, inclusive and social justice-based employment system.

Rifasya Naura Salsabila

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Athis study explores the optimization of labor inspection to ensure legal protection for the fulfillment of workers’ rights in Indonesia. Despite existing regulations, violations of labor rights frequently occur due to weak enforcement. Using a qualitatibe descriptive method through literature review, this research highlights issues such as the PT GNI case that demonstrate inadequate preventive and enforcement actions by labor inspectors. The study recommends strengthening labor inspection through preventive and repressive measures, the use of technology, community-based monitoring, and the implementation of transparent and accountable oversight principles. These findings aim to provide recommendations for the government to enhance the labor inspection system for better protection and legal enforcement for workers.

Komang Sutriani; Johannes Ibrahim Kosasih; I Made Aditya Mantara Putra

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Rapid advances in information technology have fuelled the emergence of digital currencies such as Bitcoin as an increasingly popular means of transaction in Indonesia. However, behind the convenience and speed offered, the use of Bitcoin also poses a high risk of fraud in online transactions. The main objective of this research is to analyse the nature of legal protection for Bitcoin users in Indonesia. This research applies normative juridical method with statutory approach, conceptual approach, case study analysis, and refers to legal protection theory, online transaction theory, and legal economic theory. One of the case studies studied is the High Court Decision 1240/Pid.Sus/2022/PN Tng which reflects the existence of a vacuum and vagueness of legal norms in the protection of Bitcoin users. The analysis shows that although Bitcoin has been regulated under the legal framework of digital asset trading, there are still inefficiencies in the application of legal protection in a comprehensive and effective manner. This research emphasises the need for more progressive regulatory reforms, as well as strengthening the role of law enforcement agencies and financial technology supervisors to ensure fair, certain and comprehensive protection for Bitcoin users in the territory of Indonesia. It is hoped that the results of this research can strengthen theoretical contributions in enriching the development of digital economy law and become a practical reference for policy makers.

Putri Ramadhani Rangkuti; Melia Dwi Hasanah; Mirna Syafitri Rahmadani; Nazwa Bunga Rezki Perdana Lubis; Nadia Putri Naya

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

This study uses a qualitative method with a normative legal approach that aims to analyze legal protection for victims of Information and Electronic Transactions (ITE) crimes, especially in cases of the distribution of digital pornographic content. The rampant distribution of pornographic content through digital platforms is a serious threat to the privacy rights and dignity of victims, especially women and children. In the context of law in Indonesia, protection for victims has been regulated in several laws and regulations such as Law Number 19 of 2016 concerning Amendments to the ITE Law and the Criminal Code (KUHP). However, the implementation of this protection still faces various obstacles, includeing weak law enforcement, limited understanding of victims’ rights, and the suboptimal role of witness and victim protection institutions. Through literature studies and analysis of court decisions, this study found that legal protection is still reactive and has not been optimal in preventing and restoring victims’ losses as a whole. Therefore, a more responsive policy reformulation and strengthening of digital literacy are needed as strategic preventive measures.