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Nabilah Rahmawati; Balqis Athyan Thadika Marchtika; Aulia Nur Azizah; Salsabila Firdaus

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

With the rise in human migration across national boundaries in the age of globalization, the issue of dual citizenship has become more and more important. Dual citizenship brings up a number of issues in the context of international law about legal status, diplomatic protection, and allegiance to both the nation of origin and the nation of residence. Increased cross-border social interactions that push people to hold several citizenships, technological improvements, and increased global economic integration have all complicated this dynamic. As a nation that upholds the idea of a single citizenship, Indonesia has trouble aligning its national laws with the shifting global legal framework, which governs things like dual citizenship, migration, and statelessness. is often more accepting of the practice of dual citizenship. From an international law standpoint, this research seeks to examine the subject of dual citizenship and its consequences for Indonesia's citizenship legislation and legal system. With a juridical-comparative examination of international legal instruments, scholarly publications, and applicable national legislation, the study uses a normative methodology. The results show that Indonesia's single citizenship concept conflicts with the worldwide trend that prioritizes human rights, diverse identities, and diaspora protection. Indonesia, according to the research, should think about changing its citizenship laws to take into account global concerns while still protecting its sovereignty, national stability, and core national values.

Regar Vina Febrina; Muldiana Muldiana; Maria Kristin Ningrum; Ananda Nurul Hidayah; Arifin Eka Putra

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

The Israel–Palestine conflict continues to generate widespread human rights violations, yet international responses are often fragmented due to the political dominance of developed nations, raising critical questions about the effectiveness of human rights protection. This study aims to conduct an in-depth analysis of how such dominance, particularly the use of veto power in the UN Security Council and the provision of direct political and military support, it affects the asymmetry of civilian protection and delays the cessation of hostilities. Using a doctrinal method with normative–qualitative analysis of resolutions, official reports, and global justice frameworks, this research also evaluates the effectiveness of normative diplomacy carried out by Indonesia and the Organization of Islamic Cooperation (OIC) in promoting ceasefires, accountability, and victim recovery. The findings indicate that vetoes and material support create systemic barriers to compliance with humanitarian law, significantly weakening efforts to protect human rights. Nevertheless, Indonesia’s and the OIC’s consistent diplomacy contributes to mobilizing international support, although their policy leverage remains limited in the absence of concrete enforcement mechanisms. The main implication of this study underscores the urgent need for a stronger architecture of global compliance, including restrictions on arms support that prolong conflict, conditioning international aid on human rights compliance, ensuring humanitarian access, and reinforcing the implementation of rulings and provisional measures of international judicial bodies, in pursuit of effective accountability and human rights protection.

Muhammadong Muhammadong

Jurnal Budi Pekerti Agama Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Sustainable development is now a very important worldwide issue since it is important for the health of future generations without harming the environment or generating social injustice. In this context, the Maqāṣid al-Syarī‘ah method can provide an essential foundation for fostering sustainable development, grounded in the principles of Islamic law. This study seeks to examine the correlation between Maqāṣid al-Syarī‘ah and sustainable development through the lens of Islamic law. The methodology employed is a literature research utilizing a normative-qualitative approach, examining both primary and secondary texts pertinent to Islamic law and Maqāṣid al-Syarī‘ah. The study's findings indicate that Maqāṣid al-Syarī‘ah, which emphasizes the safeguarding of religion, life, intellect, lineage, and wealth, corresponds with the objectives of sustainable development, including social justice, environmental conservation, and economic empowerment. Further debate indicates that the incorporation of Maqāṣid al-Syarī‘ah principles into sustainable development strategies can establish an equilibrium between economic advancement and the safeguarding of human rights and the environment. In conclusion, the implementation of Maqāṣid al-Syarī‘ah in sustainable development can fortify a just and enduring legal framework and offer a resolution to the contemporary global difficulties confronting the world.  

Nafna Dhini Harisha; Kharisma Kusuma Dewi; Hanifah Ramadani Oktafiani; Nur Sholikhah

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

Human mobility between countries has become an inevitable phenomenon in an increasingly open era of globalization. One of the tangible consequences of this mobility is the increasing number of mixed marriages between Indonesian citizens and foreign nationals. Although mixed marriages are a great way to interact across the globe, they often cause difficult legal problems, especially regarding the citizenship status of children born from these marriages. Children may be at risk of statelessness, or without citizenship, if the legal systems and principles between countries differ. This contradicts the principle of protection of human rights in international law. The purpose of this study is to examine the regulation of citizenship for children born to mixed marriages from an international law perspective. In addition, this study also investigates its relationship with Indonesian national law, particularly Law No. 12 of 2006 concerning Citizenship of the Republic of Indonesia and other related legal instruments. To gain a better understanding of the compatibility between national legal practices and international standards, a legislative, case, and comparative approach was used in this study. The results of the study show that, although Indonesia has adopted several principles of international law to prevent loss of citizenship and grant limited dual citizenship recognition to children born of mixed marriages, there is still a gap between the normative and its implementation. This discrepancy can lead to legal uncertainty and reduce the protection of children's rights. In conclusion, this study emphasizes that national and international law in the field of citizenship must be harmonized to build a legal system that is responsive, fair, and in line with global societal progress, as well as to protect children's rights at the international level.

Kristi Kristi; Aristia Heronia Agrecya Huwaa; Omega Ritawaemahu; Sofenda Putri Stevany Soulissa

Jurnal Riset Rumpun Ilmu Pendidikan 2025 Lembaga Pengembangan Kinerja Dosen

Education is a fundamental human right that must be guaranteed for every child without discrimination. In Indonesia, particularly in the Ambon region, educational inequality remains a serious challenge influenced by geographical, socio-economic, and structural factors. Children from impoverished families and remote areas often lack access to adequate education due to limited facilities, low-quality teaching staff, and inadequate technological infrastructure. This situation not only hinders children’s potential development but also perpetuates cycles of poverty and social injustice. Data from the Ministry of Education and Culture (2021) indicates low basic education participation rates and high dropout rates in Maluku and Ambon. In response, the church in Ambon, as highlighted by Joseph Lourine Since (2023), plays a strategic role through the Marginalized Children’s Development School (Sekolah Pembinaan Anak Marginal - SPAM), an alternative education program integrating academic learning with Christian character and spiritual formation. This initiative embodies the preferential option for the poor principle in liberation theology, as developed by Gustavo Gutiérrez, positioning the church as an advocate for the marginalized in its social and moral mission. This abstract recommends strengthening the church’s role in education through multisectoral collaboration to create a more just and inclusive education system for marginalized children.

Natalia Suzanty; Arianto Arianto; Irwan Musafir; Hardoni Hardoni; Abdul Aziz BSA +1 more

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The Indonesian government has long faced complex armed conflicts, particularly in Papua, involving security forces and Armed Criminal Groups (KKB). This conflict has had a major impact, not only in terms of casualties involving the military and civil society, but also in terms of broader social and political impacts. A more security-oriented approach by the government is often questioned, because on the one hand, it exacerbates human rights violations, creates a negative stigma against the Papuan people, and further limits the space for constructive political dialogue. This ongoing tension has worsened relations between the central government and Papuans, who have long felt marginalized. In addressing these issues, it is important for governments to develop a more holistic approach, by strengthening protection of civil society, increasing transparency and accountability, and opening up space for inclusive dialogue between all relevant parties. A sustainable settlement requires not only security management, but also serious attention to the well-being, rights of the Papuan people, and recognition of their cultural diversity and political aspirations. Going forward, approaches that prioritize dialogue and reconciliation can open up opportunities to achieve a more just and sustainable peace.

Robby Husein; Abdur Rahim; M. Isa Asyrofuddin

jurnal Riset Rumpun Agama dan Filsafat 2025 Pusat Riset dan Inovasi Nasional

Human Rights (HAM) are fundamental rights that must be protected by both the state and society. In Islam, human rights are divine in nature, emphasizing justice and equality. Ma’had Al-Zaytun plays a vital role in instilling these values through an educational system aligned with Law No. 39 of 1999 on Human Rights. This study is important to explore the synergy between religion and law in fulfilling human rights. The purpose of this research is to identify the role of Ma’had Al-Zaytun in promoting human rights based on Law No. 39 of 1999 and the principles of Maqasid Shariah. The study uses a descriptive approach with a literature study method. Primary data are obtained from Law No. 39 of 1999 and Jasser Auda’s book Maqasid al-Shariah as Philosophy of Islamic Law: A Systems Approach, while secondary data are collected from journals, theses, dissertations, documents, regulations, and previous research related to the topic. The findings show that Ma’had Al-Zaytun plays a significant role in fulfilling human rights from both the perspective of Law No. 39 of 1999 and Maqasid Shariah. According to the law, Ma’had Al-Zaytun integrates Islamic values and human rights principles into its educational system and daily activities. The rights to life, welfare, religious freedom, education, and respect for others are implemented in daily practice. Meanwhile, from the perspective of Maqasid Shariah, Ma’had Al-Zaytun successfully harmonizes Islamic objectives with human rights principles by ensuring religious freedom, protecting human dignity, and encouraging freedom of thought.

Siti Zahra Siagian; Parlaungan G. Siahaan; Dewi Pika L. Batu; Alissa Putri Simbolon; Devi Permata Br. Bangun +1 more

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

This study aims to analyze the application of criminal procedural law in resolving narcotics crime cases at the Binjai District Court, focusing on compliance with the due process of law principle and the protection of the defendant’s rights. The research employs an empirical juridical approach through direct observation (field research) of case Number 200/Pid.Sus/2025/PN Bnj involving the defendant Novri Syahputra, who was charged as an intermediary in the sale and purchase of Class I narcotics (methamphetamine) weighing 40.81 grams net. Data were collected through direct observation of the trial proceedings and examination of relevant legal documents, including the Criminal Procedure Code (KUHAP) and Law No. 35 of 2009 on Narcotics. The findings indicate that the implementation of procedural law at the Binjai District Court was consistent with the provisions of KUHAP, covering all stages from the reading of the indictment, witness examination, evidence presentation, to the final judgment. The panel of judges demonstrated professionalism and independence while considering both aggravating and mitigating factors. However, rehabilitative and humanistic approaches have not been fully incorporated into the court’s consideration, as the sentencing remains predominantly deterrent-oriented. The study concludes that, while the formal procedural aspects of criminal procedural law have been effectively implemented, there remains a substantive need to strengthen restorative and rehabilitative justice values in future narcotics case policies.

Novenia Cecilia Nadeak; Nayla Hasana

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Forced marriage of children as debt repayment is an exploitative practice that violates human rights principles and child protection as stipulated in the 1945 Constitution, the Child Protection Law, and the Sexual Violence Criminal Law. This study uses a normative juridical method with a legislative and conceptual approach to examine legal views on the position of children in debt repayment, the relationship between unregistered marriages and forced marriage, and the forms of legal protection that can be provided to victims. The results of the analysis show that children cannot be used as objects of debt repayment because they are not included in the category of property according to the Civil Code, while the practice of unregistered marriage, which is often used as a shortcut, is not recognized by positive law. Forced marriage of children is classified as a form of economic and sexual exploitation that is subject to criminal sanctions. Therefore, it is necessary to limit the grounds for marriage dispensation, prohibit unregistered marriages for minors, and strengthen the implementation of regulations and public awareness campaigns to ensure the protection of children's rights and prevent similar practices in the future.

Yokhebed Arumdika Probosambodo; Josef Purwadi Setiodjati; Ayu Kumala Sari Hamidi

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

The phenomenon of Indonesian migrant workers reflects a critical nexus between labor migration, international law, and sustainable development. Indonesia is among the world’s largest labor-sending countries, with millions of its citizens employed abroad, particularly in the Middle East and Asia. Remittances from migrant workers provide substantial economic benefits for the state and households, yet these workers often face systemic vulnerabilities including exploitation, discrimination, and inadequate legal protection. This article examines the extent to which international law and Indonesia’s national legal framework safeguard the rights of migrant workers while contributing to the realization of Sustainable Development Goal (SDG) 8: Decent Work and Economic Growth. International instruments such as the 1990 International Convention on the Protection of the Rights of All Migrant Workers and their Families (ICRMW) and relevant ILO conventions provide comprehensive standards, but their effectiveness is constrained by limited ratification from key receiving states. At the domestic level, Indonesia has enacted Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers (UU PPMI), which represents a shift toward state responsibility and alignment with international human rights norms. Nevertheless, implementation challenges ranging from weak enforcement and bureaucratic overlap to insufficient diplomatic support abroad remain significant. The findings suggest that while Indonesia has made normative progress, practical protection is hindered by governance gaps and lack of cooperation from host countries. Strengthening enforcement, regional collaboration, and worker empowerment are crucial to ensuring that Indonesian migrant workers achieve genuine “decent work” as envisioned by SDG 8.

Dian Rosita; Amirah Dwi Subarkah; Muthmainnah Barakatun Khoomsiati; Prasasti Nugrahaning Gusti; Afifah Salsabila

Jurnal Pengabdian dan Pembangunan Lokal 2025 Lembaga Pengembangan Kinerja Dosen

Freedom of expression is a fundamental human right, yet it is not absolute, as it may be restricted under certain conditions in accordance with international law, such as the protection of reputation, national security, and public order. In Indonesia, this right is guaranteed by the 1945 Constitution of the Republic of Indonesia and its derivative regulations. However, the rapid development of information and communication technology has reshaped the landscape of public discourse. The digital space, while facilitating easier access to and dissemination of information, also presents challenges, including hate speech, misinformation, cyberbullying, and the potential for criminalization due to ambiguous regulations.To respond to these challenges, the Regional Board of Nasyiatul Aisyiyah (PDNA) Semarang organized a community service program in the form of a public dialogue titled “Freedom of Speech: Between Rights and Risks” on August 9, 2025, at the Hall of the Central Java Provincial Archives and Library Service. This activity was carried out through a participatory approach by academics who are also members of PDNA, together with the PDNA Semarang board. Two speakers were presented, Dr. Mochamad Riyanto, S.H., M.Si., a legal expert from Universitas 17 Agustus (Untag) Semarang, and Aris Mulyawan, Chair of the Alliance of Independent Journalists (AJI) Semarang. The dialogue produced three main findings: first, the need for legal awareness so that freedom of expression does not lead individuals into legal problems; second, the importance of digital literacy to reduce the spread of hoaxes and hate speech; and third, the urgency of building safe digital spaces through collaboration among communities, media, and educational institutions. The discussion emphasizes that freedom of expression in the digital era must be understood as both a right and a responsibility, requiring a fair regulatory ecosystem and continuous digital literacy enhancement

Rilliana Aisyah Rahman; Adelia Nor Syalsabila; Vitran Aldrisch Anggalo; Asjad Suwardana

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

Eradicating terrorism has become a top priority for the Indonesian government in maintaining security and peace in this country. However, these efforts are faced with complex legal challenges. This journal evaluates these challenges and formulates future prospects. Legal challenges include legislative aspects, law implementation, law enforcement, and human rights protection. One of the main challenges is the balance between the need for national security and the protection of human rights. Coordination between law enforcement, intelligence and other related agencies is also a challenge. The Indonesian government's efforts to overcome these challenges involve the establishment of special institutions and mechanisms, training of law enforcement personnel, as well as international cooperation in intelligence exchange and law enforcement. The research method uses a qualitative approach with a literature review of related information sources. Through descriptive analysis, this research explores legal regulations, policies and field practices related to eradicating terrorism in Indonesia. Evaluation of the efforts that have been made includes strengthening anti-terrorism laws, establishing special institutions and units, as well as international cooperation.

Nia Maimuria; Asan Petrus; Adriansyah Lubis

Jurnal Riset Rumpun Ilmu Kedokteran 2025 Pusat riset dan Inovasi Nasional

Hand measurements are known to provide a good estimate of a person's height, which is particularly useful in the process of identifying human remains that are dismembered or separated due to various circumstances. Such conditions often occur during mass disasters, murders, airplane crashes, train collisions, and highway accidents. In forensic anthropology, hand length is one of the body measurements that can help estimate height when complete body parts are not available. This study aims to examine the relationship between hand length and height specifically in individuals from the Jambi Malay tribe, one of the ethnic groups in Indonesia. The research design used is analytic with a cross-sectional approach. The type of data used is primary data, obtained directly from 56 respondents belonging to the Jambi Malay tribe, both male and female. Statistical analysis showed that all independent variables — the length of the right and left hands, both in men and women, as well as without gender distinction — had a significant relationship with height. This is indicated by a P-value < 0.05 (P = 0.001). These results suggest that hand length can be a reliable predictor of height in this ethnic group. The study also highlights the importance of conducting further research involving other body parts and ethnic groups to support broader forensic identification efforts.

Nani Widya Sari; Guntarto Widodo; Oksidelfa Yanto; Isnu Harjo Prayitno; Rifka Zuwanda

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

This research will analyze the increase in judges' salaries and its impact on fair decisions for justice seekers. Furthermore, it also aims to analyze what aspects need to be considered to achieve the ideal goal of the criminal justice process so that judges' decisions can fulfill a sense of justice. The method used in this study is the normative juridical writing method using secondary data obtained through literature study. The results of the study indicate that with an adequate salary increase, judges can focus more on their duties to provide fair decisions and are not tempted by external factors that can affect their independence. In addition, there are several aspects that need to be considered so that the criminal justice process can produce decisions that fulfill a sense of justice, including decisions must be based on the principle of substantive justice, namely justice that considers the material aspects of the case, not just formal procedures. Then there is also consistent application of the law, transparency and accountability. And no less important is respect for human rights. Thus, increasing judges' salaries can be one effort to improve the quality of law enforcement and justice in Indonesia.

Listra Agripa Sitanggang; Redyanto Sidi; Syahranuddin Syahranuddin

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

Indonesia’s correctional system is designed not only as a form of punishment but also as a means of rehabilitation, enabling inmates to return to society as good, productive, and responsible citizens. Female inmates, however, have unique characteristics and needs compared to male inmates, requiring rehabilitation approaches that are more gender-sensitive and responsive to their conditions. This study analyzes the role of the Activity Guidance Unit in implementing rehabilitation programs for female inmates at the Class IIA Women’s Detention Center in Medan. Using a socio-legal research method with descriptive analysis, the research identifies the Activity Guidance Unit as playing a strategic and multifaceted role: acting as planner of activities, facilitator of skills training, psychosocial companion to address emotional and social needs, and evaluator of rehabilitation outcomes. The strategies applied combine holistic approaches with individual and group methods, including vocational training, counseling, and personality development programs. The results demonstrate that these integrated approaches not only improve the personal capacity of female inmates but also foster resilience, self-confidence, and readiness for social reintegration. Ultimately, the study emphasizes the importance of comprehensive and gender-sensitive rehabilitation programs as a vital component of Indonesia’s correctional system in fulfilling human rights and correctional objectives.

Hendra Sembiring; Syahranuddin Syahranuddin; Lidya Rahmadhani Hasibuan

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

The provision of food for inmates is part of the fulfillment of fundamental human rights as regulated in the Regulation of the Minister of Law and Human Rights Number 40 of 2017. However, in its implementation, various problems are still found that require in-depth study to reconstruct the existing system to be more effective in realizing the fulfillment of human rights. This study aims to analyze the implementation of the Regulation of the Minister of Law and Human Rights Number 40 of 2017 in fulfilling human rights in correctional institutions and to formulate an ideal legal reconstruction of the provision of food for inmates to realize the fulfillment of human rights in the future. This study uses a normative legal research method with primary legal materials (legislation related to the provision of food in prisons), secondary (books, journals), and tertiary (legal dictionaries). The analysis was carried out qualitatively to examine the implementation of the policy and formulate an ideal legal reconstruction. The results of the study indicate that the implementation of Permenkumham No. 40/2017 still faces various obstacles including budget constraints, inadequate infrastructure, limited competent human resources, and a less than optimal supervision system. The ideal legal reconstruction includes strengthening the legal basis, developing a sustainable funding system, improving HR competency standards, developing an integrated monitoring system, and utilizing information technology in food management to realize the fulfillment of human rights for correctional inmates.

Muhammad Khaidir Kahfi Natsir; Magdhalena Tasik Todingrara

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

In an ever-evolving digital era, the protection of human rights has become an increasingly complex and urgent challenge. Digital constitutionalism emerges as an innovative and necessary framework to address this challenge, integrating human rights principles into technology-based state governance. This journal aims to explore how digital constitutionalism can strengthen the protection of human rights while analyzing the challenges and opportunities faced in its implementation. Through a qualitative analysis approach, this research collects and analyzes relevant literature as well as case studies from various countries that have adopted the principles of digital constitutionalism. The findings indicate that while digital constitutionalism offers significant potential to enhance human rights protection, substantial challenges such as privacy, data security, and access to information still need to be addressed. Furthermore, the role of government, civil society, and the private sector is crucial in creating an environment that supports the protection of human rights in the digital space. The conclusion of this research emphasizes the importance of cross-sector collaboration to ensure that human rights are not only constitutionally recognized but also effectively protected in practice. Thus, digital constitutionalism serves not only as a tool for safeguarding human rights but also as a driver for creating a more transparent, accountable, and responsive governance system to meet the needs of society in the digital era.

Josefin Harianja; Aritonang Situmeang; Diana Martiani Situmeang

Jurnal Teologi Injili dan Pendidikan Agama 2025 Sekolah Tinggi Pastoral Kateketik Santo Fransiskus Assisi

Christian religioun education regarding values ​​and ethics must be able to guide and  develop the  character and ethical values ​​according to what is taught in the Bible, for students at school have the right foundation from an early age. The method used is an analytical method that analyzes problems using qualitative methods with a study approach. This research relates to data or written material that is appropriate to the topic of discussion. Christ's character education method given to children is not just theoretical, but as parents directly and automatically become teachers who must teach noble values ​​in the family and provide and share role models for children to emulate. Character education is a system of instilling and developing character values ​​in children which includes knowledge, awareness or will, and actions to implement these values, both towards God, oneself, others, the environment and nationality so that they become virtuous human beings.

Walukow, Gracella

International Journal of Christian and Catholic Philosophy 2025 International Forum of Researchers and Lecturers

This article discusses humans who seek a name for their own fame in Genesis 11:1-9. Those humans want to find a name so that they will not be scattered all over the earth. The construction of the tower of Babel became a popular story in the days of Noah's descendants because of its towering structure. This became a reference for the humans to seek a name so that the whole world would recognize their greatness and power. The Tower of Babel became a symbol of human pride and arrogance. Seeking a name outside of God is inappropriate and will only bring the Lord's wrath, instead the right thing to do is for man to approach the LORD God not to seek a name for his greatness but to glorify the LORD. Therefore, in relation to this point, the research was conducted through hermeneutic work with the method of historical criticism. The researcher does hermeneutic work to get the right meaning and can be a reference for readers, especially for the GMIM Alfa Omega Kumaraka In .

Hendrikus Nesi; Ramli Umar

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The advancement of digital technology has created new opportunities for cybercrime, including revenge porn the non-consensual distribution of intimate content motivated by revenge. In Indonesia, such cases have surged significantly, predominantly affecting women of productive age, with multidimensional consequences including psychological trauma, social stigmatization, and job loss. This study analyzes the element 'without right' (tanpa hak) in Article 27 paragraph (1) of the Electronic Information and Transactions Law (UU ITE), which is both the core and the main source of legal uncertainty in prosecuting revenge porn cases. Through normative legal research using statute and case approaches, analyzing the Banten High Court Decision No. 96/Pid.Sus/2023/PT BTN, this research finds that the element 'without right' must be interpreted holistically by making a clear distinction between consent to create and consent to distribute. The appellate court decision demonstrates a progressive human rights-based approach, integrating the principle of reasonable expectation of privacy and victimological impacts. However, normative ambiguity continues to create disparities in rulings and disproportionate evidentiary burdens on victims. The research recommends legislative reform through amendment of the UU ITE or enactment of specific legislation on image-based sexual abuse to provide stronger legal certainty and substantive victim protection.