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Annisa Rosdianti; Tajul Arifin

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

Child protection in Indonesia is not fully optimal, so bullying occurs in all age groups, especially children. Knowing legal protection by comparing H.R. Muslim No. 4650 and Article 76A of Law No. 35 of 2014 concerning Child Protection. The author takes a qualitative approach with a normative analysis of Islamic legal doctrines and positive legal provisions. The results of the study show that the prohibitions listed in Muslim Hadith No. 4650 and Law Number 35 of 2014 concerning Child Protection are a strong basis in efforts to protect every child which emphasizes the importance of maintaining dignity and rights among others. Despite the differences in the types of punishments imposed, both still aim to stop the occurrence of bullying in the future as one of the efforts to realize child protection.

Karyadi Dwi Nurally; Fida Ismaturrohman; Regan Fadhla Pradigfa; M Rakan Jahran; Sofwan Sofyandi +1 more

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2025 International Forum of Researchers and Lecturers

This study aims to examine how university students perceive freedom of expression in Indonesia within the context of democracy and the digital age. A descriptive quantitative method was employed by distributing questionnaires to students from various universities. The findings reveal that most students view freedom of expression as a fundamental right in a democratic society. However, concerns were raised regarding potential restrictions through ambiguous regulations and the threat of legal sanctions. Social media platforms serve as the primary medium for expressing opinions, although risks such as digital harassment and criminalization persist. In conclusion, while students generally have a positive view of freedom of expression, they remain cautious about its possible repercussions. These findings suggest the need for stronger legal protections and improved digital literacy to ensure that freedom of expression remains safeguarded in a democratic system.

Nikmah Dalimunthe; Rahmah Aliyah

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

This research aims to examine the gap in legal protection for domestic workers in Indonesia through an analysis of Law No. 13 of 2003 on Manpower and ILO Convention No. 189 on Decent Work for Domestic Workers. Until now, domestic workers have not been explicitly recognized in national regulations, so their basic rights such as living wages, social security, and humane working hours are often neglected. This condition is exacerbated by the absence of written work contracts, the dominance of informal recruitment, and the view of the community that does not consider domestic workers as formal workers. This article concludes that the ratification of ILO Convention 189 and the passing of the Domestic Workers Protection Bill are strategic steps to strengthen legal protection for domestic workers in Indonesia, which also needs to be supported by labor inspection and comprehensive legal education.

Adri Sadewa Sirait; Berkat Perjuangan Ndruru; Roy Nanda Kesuma; Bambang Fitrianto

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

Trade secrets are an important part of Intellectual Property Rights (IPR) that play a strategic role in maintaining a company's competitive advantage. Protecting information that is not generally known, has economic value, and is kept confidential is very important, especially in the midst of globalization and technological advances that increase the risk of information leakage. Law No. 30 of 2000 concerning Trade Secrets is the main legal basis in Indonesia, in line with international agreements such as WTO/TRIPS. This research uses normative juridical methods to analyze trade secret legal protection, including based on property rights theory, contract theory, and tort theory. In addition, the role of employment contract clauses that regulate obligations to maintain confidentiality and prohibitions on working for competing companies after termination are discussed as preventive strategies. This research confirms the importance of awareness and concrete legal steps from business owners to protect their trade secrets effectively.

Dzaky Luqyana Fauzi; Suraji Suraji

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

This research aims to analyze the legal responsibility of business actors in the circulation of illegal cosmetics and legal protection for consumers based on applicable laws and regulations. The method used is normative legal research with a statutory approach, the nature of the research used is prescriptive and uses legal material collection techniques with literature studies. The results showed that 1) business actors who distribute illegal cosmetic products are legally responsible both civil, criminal and administrative. 2) Legal protection for consumers still faces serious challenges due to weak supervision and low legal awareness. Therefore, it is necessary to strengthen law enforcement and increase consumer education to prevent losses due to the use of illegal cosmetic products.

Valen Intanulsitta; Agussalim Burhanuddin

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

This study compares sex work regulations in Indonesia and Thailand through the lens of human security. Using qualitative comparative literature approach, the research analyzes four core dimensions including health, economy, legal protection, and social inclusion. Findings show that Indonesia still relies on criminalization, which exacerbates vulnerability, restricts access to health services, and reinforces stigma. Conversely, Thailand is undergoing a regulatory transition marked by community engagement, harm reduction practices, and early steps toward decriminalization. However, Thailand’s policy remains incomplete in addressing the rights of migrant and transgender sex workers. The study concludes that while Thailand provides a more inclusive model, both countries require further policy reform distinguishing voluntary sex work from exploitation, strengthening grassroots organizations, and regional policy harmonization under ASEAN human rights framework.

Leode, Roosdiana Marthina; Moonti, Roy Marthen; Ahmad, Ibrahim

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

The development of financing practices with fiduciary guarantees in Indonesia often raises legal issues, especially regarding the unilateral withdrawal of credit objects by creditors against defaulting debtors. This action is often carried out without the consent of the debtor or a court decision, thus potentially violating the principles of justice and the principle of due process of law. This research aims to analyze the form of legal protection for debtors in a fiduciary financing agreement. The type of research used is normative juridical with an approach to legislation and court decisions. The results showed that the act of unilateral withdrawal can be categorized as a civil and criminal tort. Therefore, regulatory reform, increased legal literacy, and a fair and humanist dispute resolution mechanism are needed. It is recommended that fiduciary execution be carried out in accordance with legal procedures to protect the debtor's constitutional rights and ensure fairness in contractual relationships.

Nur Intan Zahrotul Muhtar; Asianto Nugroho; Sapto Hermawan

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

This study is motivated by the importance of fulfilling the basic rights of honorary teachers as part of efforts to improve the quality of national education. Honorary teachers in private schools, particularly at SD Kasatriyan Surakarta, often face challenges related to welfare and legal protection that are not yet optimal. The study aims to analyze the conformity of the fulfillment of basic rights of honorary teachers at SD Kasatriyan Surakarta with the provisions of Law Number 14 of 2005 concerning Teachers and Lecturers. The research employs normative juridical and empirical juridical methods, with secondary data obtained from literature review and primary data collected through interviews and direct observations at the research site. The findings indicate that most honorary teachers receive salaries far below the Surakarta City Minimum Wage and lack social welfare guarantees, such as health insurance or accident protection. Furthermore, access to training, competency development, as well as recognition and promotion, remains very limited. These findings highlight a gap between legal norms and field practices, necessitating more serious policy interventions from the government and foundations to ensure the rights of honorary teachers are fully met and to enhance the overall quality of education.

Agnes Novita Br Simanjorang; Sri Hadiningrum; Parlaungan Gabriel Siahaan; Daniel Fransisto Hutabarat; Fahira Silva Dilla Nst +1 more

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

This study aims to analyze Legal Protection and Gender Justice for Women in the Practice of Siri Polygamy: Analysis of the Principles of Islamic Civil Law. The practice of polygamy in Indonesia often causes injustice for women, who do not receive adequate legal protection. This study analyzes the relationship between the principles of Islamic civil law and the reality faced by women in the practice of siri polygamy. Although Islamic law emphasizes justice and protection of women's rights, many women are trapped in situations of injustice due to a lack of understanding of the law and social stigma. This study uses a normative juridical method to explore the truth between legal norms and practices in the field. The results of the study indicate that minimal social support, lack of understanding of legal rights, and social stigma contribute to the injustice experienced by women. To improve legal protection and gender justice, it is recommended that there be recognition and registration of siri polygamous marriages, strengthening of legal regulations, assistance for women, and education and socialization regarding legal rights. With these steps, it is hoped that women's rights in the practice of siri polygamy can be fulfilled fairly within the framework of Islamic law and state law.  

I Gusti Putu Ery Aditya Purna

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Sexual violence against children and women in Indonesia remains a critical issue with lasting physical, psychological, and social consequences for victims. This study aims to analyze existing legal protection efforts for child and female victims of sexual violence, identify regulatory and implementation weaknesses, and formulate policy recommendations. Employing a normative legal research design with a doctrinal‑descriptive approach, it reviews legislation, scholarly literature, and court decisions. The findings reveal that despite legal frameworks such as Law No. 35/2014 on Child Protection and relevant Criminal Code provisions, significant gaps persist in offense categorization, victims’ access to legal aid services, and inter‑agency coordination. The implications highlight the need for regulatory refinement, strengthened reporting mechanisms, and enhanced capacity of law enforcement and legal aid institutions to ensure comprehensive victim protection.  

Abdul, Deni S.M; Moonti, Roy Marthen; Ahmad, Ibrahim

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

Passenger safety in ferry transportation is a crucial issue in Indonesia's sea transportation system, especially due to the high rate of accidents caused by the negligence of port managers. This study aims to analyze the form and limit of port manager's legal responsibility for passenger safety based on national regulations and international legal instruments. This research uses a normative method with the approach of legislation, legal doctrine, and court decisions. The results of the study show that port managers have administrative, civil and criminal responsibilities for passenger safety, including moral and social responsibilities. Failure to carry out these obligations can lead to legal sanctions. It is recommended that port managers strengthen safety management systems, improve inter-agency coordination, and adopt technology and good governance principles to ensure optimal legal protection for passengers. Regulatory updates and continuous supervision are also indispensable.

Hasan, Kusman; Moonti, Roy Marthen

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

Bank credit agreements are often drafted in the form of standardized clauses that are detrimental to customers because they are made unilaterally by banks without room for negotiation. This position imbalance is exacerbated by low legal literacy and information asymmetry between the two parties. This research aims to analyze the ideal form of legal protection for customers in the face of harmful standard clauses. Through a normative juridical approach and case studies, it is found that regulations such as the Consumer Protection Law and POJK have provided a legal basis, but their implementation is still weak. Ideal legal protection includes three aspects: preventive, repressive, and curative, and requires the active role of the state and OJK as supervisors. Regulatory updates, strengthened legal education, and fairer contract supervision are needed to create an equitable and inclusive financial ecosystem. Effective protection will also strengthen public confidence in the banking sector.

Aina Mulia Rizky; Parlaungan Gabriel Siahaan; na Diva Ivan De La Pena Ginting; Desi Marlina Sidabutar; Nazwa Clarissa +1 more

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

This study discusses the legal consequences of the absence of a marriage agreement on marital property according to the Indonesian legal system, especially based on the Civil Code and the Marriage Law No. 1 of 1974. By default, the absence of a marriage agreement leads to the enactment of a system of property union, in which all property acquired during the marriage is considered joint property. This condition has various legal implications, such as the vulnerability of personal property to third-party claims, difficulties in proving ownership of inherited property, and potential conflicts in the division of property in the event of divorce or death of one of the spouses. This study also highlights the difference in the regulation in Islamic law that does not recognize the automatic union of property, but still has the potential to cause disputes if there is no written agreement. The research method used is empirical normative with a qualitative approach, examining positive legal provisions and practices that develop in society. The results of the study show that low public understanding and negative stigma towards marriage agreements are the main factors in the low making of these agreements. The Constitutional Court Decision No. 69/PUU-XIII/2015 which allows the making of agreements during the marriage period expands legal protection, but its implementation still faces challenges. This study recommends the need to increase legal education and socialization on the importance of marriage agreements to provide certainty and fair legal protection for the parties in the institution of marriage.    

Agnes Novita Br Simanjorang; Sri Hadiningrum; Parlaungan Gabriel Siahaan; Daniel Fransisto Hutabarat; Fahira Silva Dilla Nst +1 more

International Journal of Economics, Commerce, and Management 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study aims to analyze Legal Protection and Gender Justice for Women in the Practice of Siri Polygamy: Analysis of the Principles of Islamic Civil Law. The practice of polygamy in Indonesia often causes injustice for women, who do not receive adequate legal protection. This study analyzes the relationship between the principles of Islamic civil law and the reality faced by women in the practice of siri polygamy. Although Islamic law emphasizes justice and protection of women's rights, many women are trapped in situations of injustice due to a lack of legal understanding and social stigma. This study uses a normative juridical method to explore the truth between legal norms and practices in the field. The results of the study indicate that minimal social support, lack of understanding of legal rights, and social stigma contribute to the injustice experienced by women. To improve legal protection and gender justice, it is recommended that there be recognition and registration of siri polygamous marriages, strengthening of legal regulations, assistance for women, and education and socialization regarding legal rights. With these steps, it is hoped that women's rights in the practice of siri polygamy can be fulfilled fairly within the framework of Islamic law and state law.

Febrian Halomoan; Rildo Anuar Sihite; Wahidul Halim; Atik Winanti

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

As an agricultural country, farmers in Indonesia have a crucial role, their existence must be safeguarded within the agricultural sector. Encouraging farmers to engage in breeding or develop new superior plant varieties is essential for fostering independent and advanced Indonesian farmers. These breeding activities are governed by Law Number 22 of 2019 on Sustainable Agricultural Cultivation System, and Law Number 29 of 2000 Plant Variety Protection. However, these laws have led to challenges for farmers involved in breeding, as the Plant Variety Protection Law adopts liberal approach that prioritizes individual economic benefits and specifically protects breeders who have registered their new varieties. As a result, farmers who use traditional knowledge in their breeding practices are vulnerable to criminalization due to the registration system. This paper will examine the rights of farmers in breeding activities under Indonesian law and compare with regulations in Malaysia, which shares geographical proximity, customs, and membership in the World Trade Organization. The research method is normative legal research, utilizing both conceptual and comparative approach. The objective to explore the legal protection of farmers’ rights in breeding activities in both Indonesia and Malaysia, and provide recommendations for improving the protection of farmers' rights in the future.

Gema Permana Rahman; Suherman Suherman; Diani Sadiawati

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

In the development of information and technology, there are motion marks circulating in Indonesia in the trade of goods or services. In fact, the moving brand has not received legal protection because moving brands are not regulated as one of the signs regulated in Law Number 20 Year 2016 on Trademarks and Geographical Indications (Trademark Act) so that there is a legal vacuum and a motion marks can not be applied for registration which results in the absence of legal certainty for the community, but other Southeast Asian countries such as Singapore have protected motion marks. It is important to be considered by Indonesia, given the existence of free trade in the Southeast Asian region, namely the ASEAN Free Trade Area (AFTA). This research uses normative juridical research method that analyses the legislation with literature study using comparative and conceptual approaches and analysed with descriptive analytical legal materials. The results of this study found that the regulation of the registration of motion marks in Indonesia is not regulated in the Trademark Act and the trademark registration application does not accommodate the registration of motion marks so that the registration of moving trademarks can not be filed in Indonesia and motion marks also do not get legal protection in Indonesia which results in legal uncertainty. If the motion marks in Indonesia get a legal protection and can be applied for registration, then the Trademark Act should be made changes related to the concept of the definition of trademark, the scope of the protected trademark, and trademark labels in the application for registration of trademarks so that the public get legal certainty related to the registration of motion marks.

Muhammad Fahrudin; Suherman Suherman; Atik Winanti

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

This research aims to analyze the optimization of legal protection and risk mitigation for PT ASDP Indonesia Ferry (Persero) as the lender in a Shareholder Loan (SHL) Agreement with PT Indonesia Ferry Properti, and to examine the legal implications of the PT ASDP directors' liability in the SHL decision-making process. The research method employed is normative juridical with a literature study approach. The findings indicate that although the SHL execution has procedurally met legal principles and Good Corporate Governance (GCG), the optimization of legal protection for PT ASDP requires the enhancement of more proactive post-disbursement fund supervision clauses and, crucially, the implementation of specific collateral to mitigate credit risk, considering the current agreement is still reactive and lacks specific collateral. Furthermore, the directors of PT ASDP bear responsibilities under Article 97 of the Company Law and the principle of fiduciary duty. The Business Judgment Rule (BJR) doctrine can shield directors from personal liability if decisions are made in good faith, with due care, without conflicts of interest, and accompanied by risk mitigation efforts, wherein the implementation of GCG principles is fundamental. Violations may lead to civil, criminal, or administrative liability. This research concludes the importance of contractual strengthening of the SHL and strict adherence to GCG to protect company assets and directors.

Ismarini Della Purnama; Muhammad Arya Azra; Renofadli Rizkisyah; Atik Winarti

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

This study examines the protection of trade secrets in the framework of Intellectual Property Rights (IPR) by conducting a comparative study between Indonesia and Malaysia. Trade secrets are a form of intellectual property that has significant economic value for business actors but often receives inadequate attention compared to other forms of IPR. This research focuses on two main problems: first, the comparison of the legal framework for the protection of trade secrets in Indonesia and Malaysia in the context of Intellectual Property Rights; and second, the role of IPR-related institutions in both countries in providing protection for trade secrets. The research method used is normative legal research with a comparative approach and a statute approach. The data used are in the form of primary legal materials in the form of laws and regulations related to IPR in Indonesia and Malaysia, as well as secondary legal materials in the form of literature and scientific journals. The results of the study show that there are significant differences in the legal framework for the protection of trade secrets between Indonesia, which adopts  a civil law system  with special codification through Law No. 30 of 2000, and Malaysia, which applies a common law approach  with a combination of court precedents and statutory law. In addition, there are differences in the roles and functions of IPR-related institutions in the two countries in providing protection for trade secrets, especially in terms of registration, law enforcement, and dispute resolution. The study concludes that despite differences in approaches, both Indonesia and Malaysia recognize the importance of trade secret protection within the framework of IPR, with Malaysia tending to have a more comprehensive protection system based on common law practices. Based on the findings of the study, it is recommended that Indonesia can adopt some positive aspects of Malaysia's trade secrets protection system, especially in terms of harmonizing the role of relevant institutions and strengthening law enforcement mechanisms.

Ainiyyah Lumula, Adelia Nurfatma; Rajak, Arafik; Moonti, Roy Marthen

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

The rejection of isbat nikah applications in religious court practice, particularly in the context of polygamy, is a complex issue with far-reaching implications for the legal status of marriage, the rights of wives and children, and legal certainty. This study aims to analyze the legal considerations of the panel of judges in rejecting the application for isbat nikah polygamy at the Kwandang Religious Court and to examine the legal consequences arising from the rejection. This research uses an empirical juridical method with a case approach, which is analyzed based on primary data in the form of court decisions and interviews with judges and related parties, and secondary data in the form of legal literature, legislation, and relevant legal journals. The results show that the rejection of polygamous marriage isbat nikah applications is generally caused by the non-fulfillment of substantive requirements as stipulated in Pasal 4 and 5 of Undang-Undang Nomor 1 Tahun 1974 concerning Marriage jo. Compilation of Islamic Law (KHI), such as the absence of permission from the first wife or the lack of proof of the reasons that allow polygamy. The legal consequences of this rejection include the formal non-recognition of the legal status of the second marriage, which has an impact on the non-fulfillment of the civil rights of the second wife and the children born, such as inheritance rights and citizenship status. This study recommends the need to strengthen legal education to the community as well as harmonization between state law and religious law to ensure the legal protection of women and children in the context of polygamy.

M Rizqy Saputra; Syarifudin Syarifudin; Dzulfikar Hakim; Hanifah Meyva; Naufal Rafi Hakim +1 more

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

Sexual violence is a critical issue in Indonesia, especially within the context of higher education. Various studies and statistical data indicate a growing number of cases, including incidents in university settings that often go unreported due to social stigma and lack of support systems. This research aims to evaluate the effectiveness of the Sexual Violence Prevention and Handling Task Force (SATGAS PPKS) at Sultan Ageng Tirtayasa University in providing protection for victims. The method used is empirical juridical, combining primary data through interviews with SATGAS PPKS members and secondary data in the form of laws, academic literature, and official reports. The research adopts a qualitative descriptive analysis technique to assess how far the SATGAS PPKS applies principles of victimology and routine activity theory to support victims and reduce the opportunity for sexual violence in campus environments.