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Ryan Sukma Wibawa; Fence M. Wantu; Dian Ekawty Ismail

International Journal of Law, Crime and Justice 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The purpose of the study was to analyze the legality and limits of police repressive actions against protests that resulted in riots. This type of research is normative legal research with a legislative approach, a case approach and a conceptual approach. The analysis used in this study is an analytical descriptive technique. The results of the research show that the law is always used as a guideline in limiting all citizens' behavior to stay on the right path. Protests often lead to riots, destruction of public facilities, attacks on officers, and violations of public order, so that there is a criminal threat for protesters who do not maintain order and security. The regulation of police repressive actions in protests that result in chaos still needs special refinement in the context of protests, among which the substance of repressive actions must also harmonize technological developments and digitalization in security maintenance. The rules need to be updated by adding objective indicators of threats, public accountability mechanisms, transparent documentation obligations, measurable proportionality standards, and room for recovery for victims of abuse of power.

Lusia Indrastuti; F.X. Hastowo Broto Laksito

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2026 Lembaga Pengembangan Kinerja Dosen

The doctrine of open legal policy is a jurisprudential construction of the Constitutional Court that provides space for lawmakers to formulate norms as long as they do not contradict the 1945 Constitution of the Republic of Indonesia. Nevertheless, the application of this doctrine in the practice of law testing has raised various constitutional problems, particularly concerning the limits of authority between legislators and the Constitutional Court, as well as the protection of citizens' constitutional rights. This research aims to analyze the concept and construction of open legal policy within the Indonesian constitutional system and to formulate the constitutional limits of its application in Constitutional Court decisions. This research is a normative legal study with an approach based on legislation, a conceptual approach, and a case approach. The legal materials used include the 1945 Constitution, relevant legislation, and pertinent Constitutional Court decisions. The research results indicate that open legal policy cannot be interpreted as absolute freedom for lawmakers, but must be limited by the principle of constitutional supremacy, protection of constitutional rights, and the principle of proportionality as reflected in Article 28J paragraph (2) of the 1945 Constitution. The ambiguity of the parameters for applying this doctrine has the potential to cause inconsistencies in rulings and disrupt legal certainty. Therefore, a more precise and consistent formulation of constitutional limits is necessary to maintain the balance between representative democracy and constitutional oversight.

Ni Made Io Dwita Putri

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

The development of digital technology, particularly social media, has brought significant changes to human social interaction patterns. Although the ease of digital communication offers various advantages, in reality, it does not always reduce feelings of loneliness. This study aims to analyze the relationship between the intensity of social media use and loneliness levels among students in the digital era. The method used in this research is a quantitative approach with a correlational design, involving 120 active students as the sample. To measure the variable of social media use intensity, the Social Media Intensity Scale was used, while loneliness levels were measured using the UCLA Loneliness Scale. The data analysis results showed a significant positive relationship between the intensity of social media use and loneliness levels among students. This means that the higher the intensity of students' social media use, the higher the loneliness they feel. These findings provide important insight that, despite social media facilitating easier interactions, excessive use does not always positively affect the quality of social relationships. On the contrary, high social media use intensity can be associated with greater feelings of loneliness, indicating the need for a deeper understanding of the impact of social media use on individuals' emotional well-being.

Salsabila Jasmine Briliana Putri; Arief Suryono

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

The purpose of this study is to analyze the legal basis for the qualification of unlawful acts in disputes concerning the unilateral cancellation of life insurance policies by the insurer as reflected in Decision Number 5871 K/Pdt/2024. This research is a normative legal study with a prescriptive nature, employing both case and statutory approaches. The legal materials used in this study consist of primary and secondary legal materials which are analyzed qualitatively using the syllogistic method with deductive reasoning. The results of the study indicate that the qualification of an unlawful act in the a quo decision is based on a systematic interpretation of Article 1338 of the Indonesian Civil Code, which is understood in relation to the binding source of agreements under Article 1339 of the Indonesian Civil Code. Furthermore, the existence of naturalia elements also emphasizes the presence of legal obligations inherent in an agreement even though they are not explicitly stated therein. In life insurance, the obligation to pay claims after the insured risk has occurred constitutes a normative consequence inherent in the policy; therefore, the unilateral cancellation of a life insurance policy fulfills the elements of an unlawful act as stipulated in Article 1365 of the Indonesian Civil Code.

Livia Naomi Rigawara

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

The phenomenon of mafqud (missing heirs) creates complex legal issues within Islamic inheritance law, particularly regarding the realization of justice and legal certainty in the distribution of estate assets. This study examines the legal position of mafqud as a temporary impediment in inheritance allocation and analyzes the procedural mechanisms applied by religious courts in determining mafqud status. Employing a normative juridical method, this research relies on primary legal materials, including the Qur’an, Hadith, classical fiqh references, and relevant judicial decisions, supported by secondary materials such as academic books and scholarly journals. The findings indicate that mafqud serves as a temporary barrier to inheritance distribution, requiring careful judicial assessment to ensure the protection of all heirs’ rights while remaining consistent with Islamic legal principles and the applicable national legal system. Therefore, structured and systematic procedures implemented by religious courts play an essential role in guaranteeing both justice and legal certainty in inheritance disputes involving mafqud.

Adinda Novia Kartika; Ikomatussuniah Ikomatussuniah; Ahmad Rayhan

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The issuance of billboard installation permits is part of local government authority in regulating public space, maintaining public order, and ensuring legal certainty. This study examines the implementation of billboard permit administration under Serang City Regional Regulation Number 3 of 2021. It applies an empirical juridical method with a qualitative approach. Data were collected through interviews with relevant local officials and a review of applicable laws and supporting legal materials. The findings indicate that the permit process involves several agencies: the Investment and One-Stop Integrated Service Office as the licensing authority, the Public Works and Spatial Planning Office for technical recommendations, the Regional Revenue Agency for tax collection, and the Municipal Police for supervision and enforcement. Although the regulatory framework is comprehensive, challenges remain, including inter-agency coordination, tax compliance, supervision effectiveness, and limited legal awareness among business actors. The study concludes that effective permit administration depends not only on clear regulations but also on strong institutional coordination and proper implementation.

Mokhammad Samson Fajar; Dian Ayuwita

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Adolescents affected by parental divorce face increased risks of mental health challenges, often exacerbated by custody disputes, post-separation abuse, and institutional inadequacies. This study aims to evaluate the effectiveness of trauma-informed, family-based interventions and custody-related policy reforms that promote adolescent mental health, with a focus on the integration of the Islamic principle of maslahah as an ethical framework. A systematic review was conducted using three databases (ScienceDirect, PubMed, Scopus) covering publications from 2000 to 2024. Inclusion criteria focused on empirical studies addressing interventions, custody policies, and mental health outcomes in adolescents aged 10–21. Findings reveal that Treatment Foster Care Oregon (TFCO) reduces behavioral issues and improves emotional regulation; Multisystemic Therapy and Wraparound Services prevent custody relinquishment and support family cohesion. Legislative reforms like the Family First Prevention Services Act have shown promise in redirecting funding toward prevention, yet face significant implementation disparities. Reports of healthcare obstruction and court-induced trauma remain critical threats to adolescent well-being. The review also found that custody loss, particularly among adolescent parents, correlates with increased substance use and long-term psychosocial instability. The integration of maslahah into legal and mental health frameworks provides a culturally grounded approach to trauma-informed reform. These findings emphasize the need for cross-sectoral collaboration, standardized trauma protocols, and culturally responsive service models. This study advances a holistic understanding of adolescent welfare in custody contexts and identifies pathways for ethical and sustainable reform.

Theresia Lintang Wahyuningsih; Deny Slamet Pribadi; Setiyo Utomo

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Consumers are divided into three categories: initial consumers, middle consumers, and end consumers. These three types of consumers certainly have the right to protection, but end consumers as users need to receive more attention to protection, especially in the buying and selling process. This study uses a sociolegal approach with a purposive sampling method to examine the selling process. In addition, this study also examines how protection for end consumers is implemented in LPG buying and selling activities in Balikpapan Tengah District. Thus, this study aims to contribute to the understanding of protection efforts and the impact of not implementing protection properly in Balikpapan Tengah District, a densely populated area. This study is expected to be a reference for the development of consumer protection efforts in the buying and selling of subsidized LPG, as well as providing insight into the consequences that can be received by end consumers and their handling in the future.

Exca Sukas Jody; M. Fauzi; Reza Pramasta Gegana

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze legal protection for lenders in the terms and conditions clauses of Peer-to-Peer (P2P) Lending platforms in Indonesia, particularly regarding the risk of default or breach of contract. The background of the study is based on the rapid growth of the P2P Lending fintech industry accompanied by an increase in the risk of default, as well as the potential imbalance in the lenders' bargaining position due to the use of standard clauses that are often detrimental. The results of this study reveal that of the 10 P2P Lending platforms that the author studied, none of the platforms can be said to have completely fulfilled all components of preventive and repressive protection as regulated by POJK No. 40 of 2024. This problem is exacerbated by the existence of exoneration clauses prohibited by POJK No. 22 of 2023 Article 46 paragraph (2), where platforms often unilaterally limit their responsibilities by transferring the risk of default entirely to lenders, thereby reducing consumer rights and violating the principle of consumer protection in Law No. 8 of 1999 Article 18 paragraph (1).

Taufik Nurmandia; Risnita Risnita; Yuliatin Yuliatin; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines the effectiveness of the Jambi Regional Police in enforcing criminal law in the digital era, particularly in addressing online gambling offences, from the perspective of Islamic law. The rapid development of information technology has transformed crime from physical spaces into cyberspace, characterised by anonymity, speed, and transnational reach, thereby requiring adaptive law enforcement strategies. This research adopts a qualitative juridical-empirical approach. Data were collected through in-depth interviews with law enforcement officers at the Jambi Regional Police, analysis of case documents, and examination of relevant legal frameworks, particularly Indonesia’s Electronic Information and Transactions Law (ITE Law). The findings reveal that the Jambi Regional Police have implemented several strategic measures in combating digital crimes, including cyber patrols, digital forensic investigations, seizure of electronic evidence, and inter-agency coordination. Nevertheless, the effectiveness of law enforcement remains constrained by technological limitations, complex digital evidence requirements, the transnational nature of cybercrime, and limited public digital legal awareness. From an Islamic law perspective, police actions against online gambling align with the objectives of maqāṣid al-sharī‘ah, particularly the protection of religion (ḥifẓ al-dīn), property (ḥifẓ al-māl), and intellect (ḥifẓ al-‘aql). This study concludes that while digital criminal law enforcement by the Jambi Regional Police is fundamentally appropriate, it requires strengthened institutional capacity, integration of Islamic legal values, and adaptive policy reforms to enhance effectiveness and substantive justice.

Fauzi Anshari Sibarani

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Forced labor of children by parents remains a serious issue in the protection of children's rights in Indonesia, especially when such practices are justified on the basis of family economic needs. This study aims to analyze the legal provisions protecting children by forced labor by parents and to examine the obstacles to law enforcement. The research method used is normative legal research by a literature review approach, through an examination of relevant laws, legal principles, and legal doctrines. The findings of the research intricate that, legal positive indonesia there are a good constitutional and juridical legal basis in context is 1945 Constitution of the Republic Indonesia, Child Protection Law, Manpower Law and Convention on The Rights of Children which that make forced child labor as an economic exploitation categorization is prohibited. But the success of legal protection continues to run up against both legal and sociological challenges, including the murky borderlines of forced labour within the family, the challenge of proving psychological coercion and poverty-nurtured cultural attitudes towards child labour. Therefore a comprehensive approach, including law enforcement and social policies based on the best child interest is necessary.

Dinda Rama Zulfia; Lola Yustrisia

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

The development of technology in the era of globalization has brought significant changes in society, particularly through the emergence of the internet and social media such as WhatsApp, X (Twitter), Facebook, Instagram, Telegram, and TikTok, which facilitate rapid information dissemination. This development has also given rise to a new profession, namely content creators, who produce and share content in the form of images, videos, or text for branding, professional purposes, or self-expression, often resorting to sensationalism to attract audience attention. On the other hand, the ease of access to social media has also triggered the spread of negative content, including pornography, as evidenced by Komdigi/Kominfo data showing millions of blocked negative content, with X being one of the dominant platforms. In Islamic perspective, anything that leads to adultery is prohibited as stated in QS. Al-Isra verse 32. A prominent case is Dea OnlyFans (Gusti Ayu Dewanti) who was arrested for distributing pornographic content through OnlyFans and Google Drive, charged under the Pornography Law and ITE Law, and found guilty in the Supreme Court Decision Number 2086 K/Pid.Sus/2023. This study discusses 1) How are the differences in judges' considerations at the District Court, High Court, and Cassation? 2) Can the Supreme Court judges' considerations provide a deterrent effect? This research uses a descriptive method with normative legal research based on literature study, using primary, secondary, and tertiary legal materials.

Arya Jalu Pananjung; Devi Dameriza; Sari Tiara; Rahmi Akhmal; Aidil Fernando

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

The enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP) marks a historic milestone in the reform of Indonesia's criminal law system. This study examines the fundamental changes from the old Criminal Code (Wetboek van Strafrecht) to the new National Criminal Code, focusing on the paradigm shift from retributive justice to restorative justice as a form of law enforcement reform. Using a normative juridical method with a statutory and comparative approach, the study analyzes the philosophical, structural, and substantive transformation embedded in the new Criminal Code. The findings indicate that the new Criminal Code introduces significant reforms including the adoption of the dualistic theory separating criminal acts from criminal liability, the recognition of living law, the expansion of criminal subjects to include corporations, the formulation of sentencing guidelines based on restorative principles, and the integration of Pancasila values as the moral foundation of the criminal law system. The case of corruption prosecution involving the Chromebook laptop procurement at the Ministry of Education illustrates the ongoing challenges of criminal law enforcement during this transitional period. This research concludes that the transition from the old to the new Criminal Code constitutes a comprehensive legal reform that transforms not only normative substance but also the fundamental paradigm of criminal law enforcement in Indonesia

Luqman Guntur Ridhwani; Muhamad Jodi Setianto

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

Bankruptcy is a legal mechanism used to resolve a debtor's inability to fulfill debt obligations collectively, orderly, and fairly through a court decision. In the Indonesian bankruptcy system, the curator has a central role in managing and settling bankrupt assets to protect the interests of creditors while providing legal certainty for debtors. This study aims to analyze the regulation of the curator's authority in managing and settling bankrupt assets and to examine its implications for the protection of creditors’ and debtors’ rights from a business law perspective. The research method employed is normative legal research with statutory and conceptual approaches, conducted through a literature review of various relevant primary, secondary, and tertiary legal materials. The results indicate that the curator’s authority is expressly regulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which provides a legal basis for the curator to manage, secure, sell, and distribute bankrupt assets to creditors in accordance with legal provisions. However, in practice, several obstacles remain, such as difficulties in tracking assets, potential conflicts of interest, and a lack of transparency, which may affect the effectiveness of legal protection. Therefore, the professionalism of the curator and the supervision of the supervising judge are crucial factors in ensuring legal certainty, fairness, and efficiency in the bankruptcy process.

Ayi Ishak Sholih Muchtar; Ah. Fathonih; Aden Rosadi; Januri Januri

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research addresses the high divorce rate in three districts and cities, highlighting the lack of household harmony and integrity. The study focuses on the role and function of the Marriage Guidance and Preservation Advisory Board (BP4) in consultation and mediation. The objectives of the research are: 1) To identify the role of BP4 in fostering household harmony, 2) To examine the implications of Family Law in BP4’s role, and 3) To analyze BP4’s contribution to household harmony in East Priangan. The research employs a sociological juridical approach, examining the law based on norms and regulations while assessing its empirical application in community life. The research adopts qualitative methods. The findings show that: 1) BP4's role in maintaining household harmony is functioning normatively and functionally through non-litigation counseling and mediation, but its implementation remains uneven and reactive, preventing optimal development of the preventive function. 2) BP4’s legal implications are strong as a pre-litigation mechanism, but its limited authority and minimal integration with the judicial system hinder its effectiveness. 3) Barriers to BP4’s assistance include low participation, limited legal authority, a litigative culture, and weak institutional capacity. The research suggests a new model for Restorative-Preventive Family Governance to strengthen BP4’s role in conflict prevention

Lily Sujatmiko; Nabilla Zumarnis; Berliana Cahya Fatimah; Sri Handayani

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

Evidence is a fundamental element in the legal proof process that serves as the basis for judges to examine, assess, and decide cases in court. Along with the advancement of information technology, the form of evidence has evolved, including digital evidence such as screenshots of conversations through digital communication applications like WhatsApp. This study aims to analyze the legal position and evidentiary value of digital conversation screenshots within the Indonesian legal system. The research method uses a normative juridical approach by examining laws and regulations, legal doctrines, and relevant court decisions. The results indicate that screenshots of conversations have legal recognition as electronic evidence; however, their evidentiary strength is limited and requires support from other forms of evidence. Judges apply the principle of Unus Testis Nullus Testis, meaning that screenshots cannot stand alone as sole evidence and must be supported by additional legal proof to fulfill the requirements of valid, complete, and convincing legal evidence.

Roberto Jeronimo Cristovão; Emiliana Sri Pudjiarti

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze bureaucratic transformation and public service innovation in the dynamics of the administrative capacity of the Dili City government, specifically at the Cristo Rei District Office, in realizing responsive, accountable, and quality public services. The research approach employed a mixed methods approach, collecting quantitative data through questionnaires from 12 respondents and qualitative data through in-depth interviews with four key informants: Fernando Araujo (District Head), Marciana de Jesus Soares (Head of Administration and Finance), Jose Sarmento (Head of Program Planning), and Ernesto Mendonça (Head of Public Relations). Statistical analysis showed that institutional capacity had a very strong influence on public accountability (r = 0.806; p = 0.002), while bureaucratic responsiveness had a very strong influence on the quality of public services (r = 0.727; p = 0.007). The interviews revealed concrete practices of bureaucratic transformation, such as effective internal coordination, orderly administrative procedures, one-stop service, and responsiveness to citizen needs. This study indicates that institutional capacity and bureaucratic responsiveness are the dominant factors in improving service quality, while formal accountability needs to be made more open and participatory. The findings support the Theory of Administrative Capacity and the New Public Service, and offer recommendations to strengthen participatory mechanisms and make performance evaluation more transparent.  

ST. Amri Alimatul Muflikhah; Tri Lestari Hadiati; Karmanis Karmanis

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Digital transformation of government through the implementation of e-government has become a strategic agenda in bureaucratic reform in Indonesia. Local governments play a crucial role as a bridge between national policies and village governance practices. This article analyzes the implementation of e-government by the Batang Regency Government in support of village governance. This research uses a qualitative approach and a policy analysis method, based on literature reviews and official documents, including regional regulations, SPBE policies, and relevant institutional reports. The analysis was conducted using a theoretical framework of public policy implementation and the principles of good governance. The analysis results indicate that the Batang Regency Government has a relatively adequate e-government regulatory and institutional framework, but its implementation at the village level still faces challenges, including gaps in apparatus capacity, variations in village digital readiness, and suboptimal cross-organizational coordination. This article concludes that strengthening the role of local governments as facilitators, coaches, and coordinators of digital policies is key to the successful implementation of village e-government. These findings provide theoretical contributions to e-government studies and policy implementation, as well as practical implications for formulating local government digital policies.

Ani Aksa Maniani; Karmanis Karmanis; Try Lestari Hadiati

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the readiness of the digital bureaucracy in transforming public services in Sorong City, focusing on the capacity and digital literacy of the State Civil Apparatus (ASN). The research uses a mixed-methods approach with a sequential explanatory design, in which quantitative data are collected through questionnaires and analyzed descriptively and correlatively, and then deepened with qualitative data through in-depth interviews. The study's results show that the Sorong City Government's digital bureaucracy is in the early stages of implementation and has not been optimal. ASN capacity and ASN digital literacy are positively related to the readiness of the digital bureaucracy, but they remain at a sufficient, fundamental level. The transformation of digital public services has increased the efficiency of certain services. However, this improvement has not been evenly distributed due to limited human resources, system integration challenges, and a bureaucratic work culture. The study's implications emphasize the importance of strengthening civil servants' capacity and digital literacy as a prerequisite for the successful transformation of digital public services. The limitation of this study is in use of correlation analysis, which does not explain causal relationships. Further research is recommended to use a more comprehensive analytical approach and expand the scope of the research area.

Moulyta Elgi Trinanda; Queena Allysa Kinanti; Lira Ayu Anggraini

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

The digital transformation of Indonesia’s judicial system through the implementation of e-court represents a judicial reform aimed at achieving a simple, fast, and low-cost legal process. However, the digitization of civil case proceedings raises concerns regarding legal certainty, particularly in the application of the principle of audi et alteram partem as a fundamental doctrine ensuring equal opportunity for parties to be heard. This study aims to analyze the normative regulation of the audi et alteram partem principle in Indonesian civil procedural law, examine its implementation within the e-court system, and assess whether its application provides adequate legal certainty for litigants. The research employs a normative juridical method using statutory and conceptual approaches. Legal materials consist of statutory regulations, legal doctrines, and relevant academic journals. The findings indicate that normatively, the e-court system accommodates the right to be heard through electronic case registration, summons, hearings, and submission of documents. Nevertheless, technical obstacles, disparities in digital literacy, and potential deficiencies in electronic notification mechanisms may affect the effective protection of parties’ rights. It is concluded that the implementation of the audi et alteram partem principle in e-court has a sufficient legal foundation, yet requires further technical and regulatory strengthening to ensure optimal legal certainty.