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Analytics

Nikmah, Mi Afifah; Siregar, Zalfa Nadhifah Umaimah; Simarmata, Anggi Sri Haryati

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

This research is motivated by the escalating prevalence of illegal online lending practices in Indonesia, which generate a multitude of legal problems, particularly those concerning the validity of loan agreements and debt collection practices. The simplicity of access through smartphone applications, rapid processing times often approved within minutes and minimal administrative requirements have rendered these services immensely popular among the public. However, this accessibility also paves the way for unlicensed providers to operate unchecked, preying on desperate borrowers. The study aims to analyze the legal validity of illegal online loan agreements pursuant to the Indonesian Civil Code (KUHPerdata) and regulations issued by the Financial Services Authority (Otoritas Jasa Keuangan, OJK). Additionally, it examines the legal position of debt collection from a civil law perspective. A normative juridical method is employed, utilizing statutory and conceptual approaches, with qualitative analysis of the data. The results demonstrate that illegal online loan agreements fail to fulfill the requirements for a valid contract, especially regarding the legal capacity of the parties and lawful cause, categorizing them as null and void by operation of law. Nevertheless, in practice, unlicensed providers continue debt collection efforts, frequently employing methods that violate the law, such as harassment and intimidation. This reveals a significant gap between legal norms and field implementation. The implications emphasize the critical need for robust law enforcement, enhanced consumer protection mechanisms, and stricter oversight of fintech lenders to establish legal certainty and justice for society.

Tri Nurul Aida; Siti Dina Setiani; Ika Arinia Indriyany

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze gender-based political violence in the 2020 Regional Head Elections in South Tangerang City and its impact on women’s representation in politics. The case analyzed involves social media attacks against Rahayu Saraswati Djojohadikusumo during her campaign for Deputy Mayor, in which an old photo of her while pregnant was used as material for sexually charged attacks. This study employs a qualitative method using a case study approach through literature review. The analysis utilizes Kate Manne’s theory of misogyny, which views misogyny as a social mechanism within the patriarchal system to control and discipline women entering the public sphere. The results of the study indicate that gender-based political violence manifests in the form of the moral delegitimization of women, digital intimidation or harassment, policing of women in public spaces, and the objectification of women’s bodies. These phenomena demonstrate that gender bias remains a barrier for women in securing equal space in local political contests.

Nursani, Adila; Suherman, Anisa Salsabila; Apriliani, Berliana Mawar; Sofyan, Keysa Kailani; Nadiawati, Khansa +2 more

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

Abstract. This study aims to examine the causes, forms, and strategies for combating violence against female Indonesian migrant workers (PMI) from a legal, sociological, and gender perspective. The background of this research is based on the vulnerability of female PMI to various forms of physical, psychological, sexual, and economic violence, which occurs from the pre-placement stage to the post-placement stage, as well as the long-term impact on mental health, human rights, and socio-economic reintegration. The method used is empirical legal with primary data collection through in-depth interviews with female PMI victims of violence and accompanying institutions, as well as secondary data in the form of literature reviews, laws and regulations, and scientific publications. The analysis was conducted using descriptive qualitative methods, integrating human rights theory, Feminist Legal Theory, and international migration policy. The results of the study show that the vulnerability of female migrant workers is caused by economic factors, education, patriarchal culture, non-transparent recruitment processes, the characteristics of work in the informal sector, power imbalances with employers, and weak legal protection in the destination country. The forms of violence experienced include beatings, sexual harassment, threats, social isolation, wage withholding, and structural exploitation practices. Protection efforts implemented include preventive approaches through training, legal education, legal document guarantees, and assistance from law enforcement agencies, as well as repressive approaches through action against perpetrators of violence and bilateral cooperation with destination countries. This study emphasizes the importance of comprehensive and sustainable protection for female Indonesian migrant workers, covering all stages of labor migration as well as strengthening digital-based monitoring systems, officer capacity, and cross-sector collaboration to ensure the safety, dignity, and fulfillment of the human rights of female Indonesian migrant workers.  

Rafadhea Fauzia Aydraghifary; Rinaldy Amrullah; Sri Riski

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

This study examines criminal liability for the crime of exhibitionism in Indonesia and the forms of protection provided to its victims. Exhibitionism is a deviant behavior in the form of exposing genitals to others without consent, which is classified as a form of sexual harassment. Although often considered a minor act or even just "fun", exhibitionism has serious psychological impacts on victims, such as trauma, fear, anxiety, and long-term mental disorders, especially if it occurs repeatedly or is experienced by minors. From a legal aspect, the crime of exhibitionism can be prosecuted through several articles in the Criminal Code (KUHP), including Article 281 which regulates indecent acts in public, and Article 289 if the exhibitionism is carried out with violence or threats of violence. In addition, Law Number 44 of 2008 concerning Pornography can also be used as a legal basis, especially if the exhibitionism is carried out through digital media. If the victim is a child, Law Number 35 of 2014 concerning Child Protection will increase the perpetrator's punishment. The criminal liability of exhibitionists depends heavily on their mental state. Under Indonesian criminal law, a person can only be held criminally responsible if they are legally capable of being held accountable. If a perpetrator is proven to have a serious mental disorder based on a psychiatric expert's testimony, they may be subject to special measures instead of criminal punishment, such as rehabilitation in a mental hospital. Protection for victims of exhibitionism must be comprehensive. This includes facilitating the reporting process to authorities, prompt handling by law enforcement, providing counseling or psychological support, protecting the victim's identity, and educating the public to prevent exhibitionism. Integrating legal aspects, mental health, and public education is crucial in breaking the chain of this crime.

Muhammad Rizqi Ardila; Abd. Wachid Habibullah

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

Sexual harassment cases in university environments have become a serious issue that not only harms victims physically and psychologically but also undermines academic and humanitarian values. This article aims to analyze the implementation of legal aid services in addressing criminal acts of sexual harassment within higher education institutions, particularly in terms of victim protection, legal assistance, and the restoration of victims’ rights. This study employs an empirical or socio-legal approach by examining existing legal regulations and the practical implementation of legal services by campus-based legal aid institutions. The findings reveal that although several universities have established task forces or sexual violence service units, their implementation still faces challenges such as limited resources, low legal awareness, and a prevailing culture of silence among students. Therefore, institutional strengthening, continuous awareness campaigns, and victim-centered campus policies are necessary to ensure comprehensive access to justice. Legal aid services must not only be reactive but also preventive and educational, as part of a broader effort to create a safe and violence-free academic environment.  

Nurlaila Nurlaila; Mira Anjani; Putik Kasih S; Juheni Lalawaralata; Amalia Naura H +1 more

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

Sexual harassment against children in Islamic boarding schools is a serious issue that demands special attention, particularly in the context of legal protection for victims. This study aims to analyze the position and role of child victims in the dynamics of sexual harassment crimes within pesantren, as well as to identify forms of legal protection that can be provided through a victimological approach. One of the cases highlighted in this research occurred at Bani Ma’mun Islamic Boarding School, located in Gembor Udik Village, Cikande Sub-district, Serang Regency, which illustrates the weak protection afforded to children in religious educational environments. By employing an empirical juridical method and referring to secondary data such as legislation, legal documents, and academic literature, this study finds that child victims often do not receive optimal protection, either in the criminal justice process or in terms of psychosocial support. The victimological perspective emphasizes the importance of fulfilling victims' rights, including the right to security, physical and mental rehabilitation, and social reintegration. In this context, protection efforts should not only focus on imposing sanctions on perpetrators but also include the formulation of policies oriented toward the recovery of victims. Therefore, this study recommends strengthening institutional capacity within pesantren to develop and implement comprehensive child protection mechanisms, including regulatory reform and more responsive law enforcement toward victims of sexual crimes. This research is expected to contribute to the development of a legal framework that is more victim-oriented within Indonesia’s criminal justice system.

Kadek Abdi Ramanda Putra

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

Along with the development of the era, the virtual world or the internet is also growing rapidly. In its development, there must be positive and negative things. The term cyberbullying is the use of technology to intimidate, intimidate, or victimize a person or group and this is one of the negative things from the development of the virtual world or the internet. This study uses a normative legal research method, which examines related issues from a human rights perspective and uses laws and regulations and doctrines as study materials for cases that will be classified as cybercrime/stalking or commonly referred to as cyber harassment. Cyberbullying has various forms and approaches. When viewed from a human rights perspective, cyberbullying is strictly prohibited from being carried out on fellow cyberspace users, which in human rights is regulated in Article 30 of Law No. 39 of 1999 concerning Human Rights which reads: "everyone has the right to a sense of comfort and peace and protection against the threat of fear to do or not do something". In this article it is clearly stated that everyone has the right to obtain a sense of comfort in their lives and peaceful conditions and protection from the threat of fear, which refers to cyberbullying which can share the threat of fear against one person and another.

Khusnul Latifah; Anita Zulfiani

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

The development of information and communication technology has changed the pattern of human interaction, which was initially done face-to-face, to digital. The positive impact of internet usage is to facilitate connection and access to information, but it can also result in negative impacts such as cybercrime. The purpose of this research is to determine the crime of cyberstalking reviewed from Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE). This research is normative legal research that is prescriptive and uses a statutory approach, case approach, and conceptual approach. The collection of legal materials uses literature study techniques or document studies using syllogistic analysis techniques and using deductive thinking patterns. From the research, it was found that cyberstalking can be in the form of stalking followed by sexual harassment, privacy interference and continuous threats. In addition, cyberstalking is regulated in Law Number 1 of 2024 concerning Information and Electronic Transactions. However, this law has not been clearly or specifically regulated regarding stalking in the digital realm. Therefore, we need strict regulations regarding cyberstalking crimes.

Shakira Naila Achmad

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of the Facebook group "Fantasi Sedarah" which was revealed in May 2025 has shaken Indonesian society and sparked deep concern, this case involving thousands of members revealed a network of sexual predators and pedophiles who use digital space as a place to share explicit content about incest and sexual violence against children. This study aims to analyze the responsiveness of public service officials in handling the case. This study uses a qualitative descriptive method with a case study method to analyze the complexity of the problem. The results of the study show that the response of various public service agencies such as the Police, Komdigi, KPAI, and the Ministry of PPPA demonstrate the state's commitment to implementing the welfare state principle in the context of digital security. However, handling is still hampered by various structural and operational obstacles. Limited human resources who have expertise in the field of cybercrime, technical capacity that is not yet optimal in dealing with rapid technological developments, and the complexity of digital regulations that still require harmonization between regulations are the main challenges in law enforcement. The research findings emphasize the urgency of strengthening structural coordination between institutions through the establishment of more solid cooperation protocols, increasing community digital literacy, and developing innovative surveillance technology that can proactively identify and counter dangerous content. Strategic recommendations include implementing periodic evaluations of the digital legal system to ensure responsiveness to technological developments, empowerment, and strengthening institutional capacity in dealing with cybercrime.

Wachyuni Yasa Pratiwi; Erna Dewi; Fristia Berdian Tamza

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

This study aims to analyze the enforcement of criminal law against cyberbullying that leads to suicide in Indonesia. The research employs a normative and empirical juridical approach by examining existing regulations and analyzing cases through interviews with law enforcement officials and related parties. The findings indicate that despite cyberbullying being regulated under the ITE Law and the Criminal Code, its enforcement still faces challenges, such as difficulties in identifying perpetrators due to digital anonymity, a lack of technical understanding among law enforcement officers, and low public awareness of the serious impact of online harassment. The cases of Yoga Cahyadi in Indonesia and Hana Kimura in Japan demonstrate that cyberbullying can cause severe psychological distress, ultimately driving victims to take their own lives. In conclusion, stricter regulations are needed to classify cyberbullying as a specific criminal offense with clearer sanctions. Additionally, strengthening the capacity of law enforcement in cybercrime investigations and enhancing digital literacy education among the public are crucial preventive measures. Public awareness campaigns and collaboration between the government, social media platforms, and educational institutions are also necessary to create a safer and harassment-free digital environment.

Perwita Chandra Puspa; Oktavia Adi Roesnia; Tsabita Az-zahra; Berliana Clara Bella; Arsya Ghanniyah Hariyadi +1 more

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Victims of sexual harassment against people with disabilities experience severe consequences. In addition to being vulnerable to prejudice or discrimination, this minority group also has difficulty in accessing adequate legal protection. The purpose of this article is to examine the legal protection provided to people with disabilities who are targets of sexual harassment in society. The research method used is a normative literature review that examines relevant laws, regulations, and practices. According to this study, although there are legal instruments such as Law Number 8 of 2016 concerning Persons with Disabilities and Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (TPKS), there are still a number of obstacles in implementing these laws effectively, such as lack of public awareness, limited access to legal infrastructure, and social stigma against individuals with disabilities. The results of this study highlight the need to improve the capacity of law enforcement, build accessible facilities, and educate the community to create a safe and supportive environment for people with disabilities. This article offers suggestions on tactics to improve legal protection and achieve social justice for victims of sexual disclosure who have disabilities.

Aditia Widya Tama

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes the legal application in determining cases of sexual harassment in Bekasi under the Indonesian Penal Code (KUHP), given the high prevalence of such cases in the region. Using descriptive-analytical methods and statutory and conceptual approaches, the research identifies how criminal law is applied in addressing sexual harassment, challenges in investigation processes, and Islamic law perspectives on this phenomenon. The data includes primary, secondary, and tertiary legal materials obtained through literature studies. The findings reveal that while the KUHP provides sufficient provisions for handling sexual harassment cases, its implementation faces significant challenges, including limited legal awareness, social stigma, and lack of evidence. The study highlights the need for a more comprehensive approach to addressing these cases, including regulatory reforms supporting justice for victims and stricter sanctions for perpetrators. In conclusion, strengthening criminal law and raising legal awareness are essential to improving the effectiveness of law enforcement in sexual harassment cases in Indonesia.

Agus Santoso; Trie Hierdawati; Siswoyo Siswoyo; Ismail Buhari

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Acts of sexual violence are a complex problem and a real threat, both physical and non-physical, that must be prevented and handled seriously, professionally and responsibly. However, the fact is that cases still continue to occur and the resolution of sexual violence cases has not met expectations. Sexual violence in question is non-physical sexual harassment, physical sexual harassment, forced contraception, forced marriage, sexual torture, sexual exploitation and electronic-based sexual violence.

Vichi Novalia; Laudza Hulwatun Azizah; Novinda Al-Islami; Surya Sukti

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the issue of jarīmah ta'zīr as one of the dimensions of Islamic criminal law which has flexibility in its application. In contrast to ḥudūd and qisāṣ whose rules are very clear and detailed in the Qur'an, ta'zīr is not set clearly in the Qur'an. Therefore, the ijtihad of a ruler or judge to determine the type of crime and jarimah that can be punished (ta'zīr) and the type and form of punishment is really important. The flexibility of ta'zīr allows to accommodate the complex form of crime such as gratification, corruption, sexual harassment, drugs, and pornography. But ta'zīr also opens the opportunity for the tyranny of the government in punishing a person. This article offers the need for ta'zīr by making qanun like in Aceh.

Muklisin Muklisin

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rise of information and communication technology in the digital era has introduced both benefits and new challenges, one of which is cyberbullying. This study aims to analyze the application of criminal law in cyberbullying cases in Indonesia, focusing on the limitations and challenges of current regulations. Using a normative juridical method, this research examines relevant laws and court cases to evaluate how criminal law addresses cyberbullying. The findings reveal that, while certain laws provide a legal framework for tackling cyberbullying, they remain insufficient in dealing with the complexities of digital harassment. The study highlights challenges in law enforcement, including difficulties in identifying perpetrators and interpreting the law, and calls for more specific regulations and enhanced training for law enforcement officers. Increased public awareness and preventive measures are also recommended to address the issue effectively. The study's implications suggest the need for legal reform and better cooperation between institutions to improve the protection of cyberbullying victims.