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49,117 articles from 425 journals · 1,447 citations tracked

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Analytics

Allaysha Adindaputri Kirani; Gunardi Lie

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze e-commerce strategies in selecting applicable law and jurisdiction to avoid conflicts of jurisdiction in cross-border transactions. This study employs a normative legal method using legislative, conceptual, and comparative approaches to analyze the selection of applicable law and jurisdiction in cross-border e-commerce transactions. The data used consists of primary and secondary legal materials collected through a literature review. The analysis was conducted qualitatively using descriptive-analytical and legal interpretation methods, as well as deductive reasoning to formulate strategies for minimizing jurisdictional conflicts. The research findings indicate that the application of the principle of freedom of contract, combined with international instruments and digital technology, can serve as an effective strategy for e-commerce actors to minimize jurisdictional conflicts and litigation risks. This strategy not only provides legal protection, particularly for SMEs, but also enhances the trust of global partners and competitiveness in the international market through the use of clear contract clauses, hybrid forums, and technological support such as blockchain and ODR.

Firsi Nurhasanah; Sabrina Naila Malihah; Vania Therecia Situmorang

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The practice of adulterating RON 92 (Pertamax) fuel has the potential to violate consumer rights and is contrary to applicable laws and regulations. The practice of mixing lower-quality fuel and then marketing it as RON 92 results in material and immaterial losses for users, including reduced vehicle performance and a loss of trust in business operators. This research aims to analyze the legal protections available to consumers regarding the practice of adulterating fuel based on Law Number 8 of 1999 concerning Consumer Protection and related provisions in Law Number 22 of 2001 concerning Oil and Gas. The research method used is normative legal research with a library research approach, through analysis of relevant laws and regulations, scientific literature, and secondary legal sources. The results indicate that the practice of adulterating fuel violates consumers' rights to comfort, security, safety, and accurate information as stipulated in Article 4 of the Consumer Protection Law, and violates the obligations of business actors as stipulated in Articles 7 and 8 of the Consumer Protection Law. Business actors can be held accountable for civil damages, dispute resolution through the Consumer Dispute Resolution Agency (BPSK), or subject to administrative and criminal sanctions in accordance with the Oil and Gas Law. Therefore, legal protection for consumers in cases of fuel adulteration requires an interconnectedness between effective government oversight, firm law enforcement, business actor accountability, and increased consumer legal awareness to ensure legal certainty and fairness in trade activities.

Muhammad Tazkiya Syauqi; Sukri Padil Dongoran

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines legal protection for victims of criminal offenses from a victimological perspective, emphasizing the position, rights, and needs of victims within the criminal justice system. Victimology, as a scientific discipline, highlights that victims are not merely objects of crime but subjects who are entitled to protection, restoration, and justice. This research employs a normative juridical method supported by a conceptual and statutory approach to analyze existing legal frameworks governing victim protection. The findings indicate that although legal instruments have provided various forms of protection such as restitution, compensation, and psychological assistance their implementation remains suboptimal due to institutional limitations, lack of awareness, and procedural constraints. From a victimological standpoint, effective protection requires a balanced approach between offender accountability and victim recovery, including recognition of victims' rights, access to justice, and comprehensive rehabilitation. Therefore, strengthening regulations, improving institutional coordination, and adopting a more victim oriented justice system are essential to ensure optimal legal protection for victims of criminal acts.

Septyanisa Wahyuningtyas

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the protection of state forest areas against unauthorized forest product collection in Pasangkayu Regency, specifically from the perspective of preventive and repressive legal protection. The research method used is normative juridical with a descriptive-analytical nature, utilizing secondary data collected through literature studies. The results indicate that forest area protection in Pasangkayu Regency is currently still dominated by a repressive approach, namely legal actions taken after violations occur, such as enforcement operations and criminal proceedings. However, this approach has proven ineffective in providing a maximum deterrent effect due to the high rate of violations triggered by low legal awareness and the community's economic dependence on forest products. Meanwhile, preventive efforts such as monitoring and legal counseling have not operated optimally due to limitations in human resources and budget. Therefore, a balance between preventive and repressive approaches is required, along with strengthening community participation through economic empowerment to enhance the effectiveness of forest protection.

Jahro Jahro; Mohammad Rafli

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the effectiveness of legal protection for victims of cyberbullying in Indonesia from a victimological perspective. The rapid development of information technology and social media has led to an increase in cyberbullying cases, which significantly impact victims psychologically, socially, and emotionally. However, existing legal protections are often considered inadequate in addressing the needs of victims. This research aims to analyze the existing legal framework, evaluate its effectiveness, and assess the position of victims within the criminal justice system. The method used is normative legal research with statutory, conceptual, and victimological approaches, relying on secondary data from relevant legal literature and scientific journals. The findings indicate that although regulations such as the Electronic Information and Transactions Law (ITE Law) provide a legal basis, their implementation remains ineffective due to weak law enforcement, lack of victim-oriented approaches, and limited awareness of victims’ rights. Therefore, strengthening victim protection through a victimological approach, legal reform, and the application of restorative justice is necessary to ensure justice and recovery for victims.           

Mario Silitonga

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal protection of women's inheritance rights from the perspective of Indonesian civil law. The problems studied focused on the position of women as heirs and the extent to which the legal system provides guarantees of justice and equality. The research method used is normative juridical with a legislative and conceptual approach. Data was obtained through a literature study of legal regulations, doctrines, and court decisions relevant to inheritance issues. The results of the study show that normatively, civil law provides equal recognition of women's inheritance rights, especially in the Civil Code. However, in practice, there are still obstacles influenced by patriarchal culture and customary law that tend to place women in subordinate positions. This condition causes women to often experience difficulties in claiming or obtaining the proper share of inheritance. Therefore, it is necessary to strengthen regulations, harmonize national laws with the value of gender equality, and increase public legal awareness to ensure effective and fair protection for women in obtaining their inheritance rights.

Aryanti Agripina Winata; Gunardi Lie

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal regulation of joint ventures in Indonesia as a form of Foreign Direct Investment (FDI) implemented through Limited Liability Companies based on Law Number 25 of 2007 concerning Investment, Law Number 40 of 2007 concerning Limited Liability Companies, and the Indonesian Civil Code. The research employs a normative legal method with a library research approach to examine legal provisions and concepts related to cooperation between foreign investors and domestic parties. The findings indicate the existence of structural imbalances between the parties, where foreign investors possess advantages in capital, technology, business experience, and access to information, resulting in asymmetrical bargaining power. This condition may lead to domination in decision-making, information gaps, and potential exploitation of domestic parties. Furthermore, existing legal protection is considered insufficient to fully implement the principle of equitable bargaining. Therefore, this study proposes a normative reconstruction through the application of principles of balance of power, good faith, transparency, and proportionality in joint venture agreements. The study also recommends preventive supervision through mandatory due diligence by the Financial Services Authority and the Investment Coordinating Board, including the standardization of contractual clauses and disclosure obligations, in order to create fair, sustainable joint venture relationships that protect national interests.

Kearen Elvira Naftali; Gunardi Lie

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This practice is essentially based on clauses in employment contracts intended to prevent employees from resigning before the contract term expires. However, from a legal perspective, this practice raises challenges regarding the validity of employment contracts and the legal protections afforded to employees. The objective of this study is to evaluate the validity of the diploma retention practice through the lens of labor law and civil law, as well as to explore the types of legal protections that may be available to employees. The research methodology employed is a normative legal approach, utilizing a legal and conceptual framework, and supported by a literature review of primary and secondary legal sources. This analysis emphasizes the principles of contract law, labor protection principles, and relevant human rights standards. The research findings indicate that the practice of withholding diplomas lacks a clear legal basis under Indonesian law and potentially violates the criteria for the validity of contracts, particularly regarding the abuse of circumstances (misbruik van omstandigheden). Furthermore, this practice can be categorized as an illegal act because it infringes upon workers’ property rights and their freedom to seek employment. Legal protection for workers can be facilitated through preventive strategies, such as strengthening labor regulations and oversight, as well as through enforcement actions, including civil litigation and the resolution of industrial disputes.

Rayyan Fakhri; Ilyas Ismail; Zainal Abidin

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Article 210 of the Compilation of Islamic Law (KHI) limits gifts to a maximum of one-third of the donor’s assets as a form of protection for the rights of heirs and to uphold social justice. However, in practice, land gift deeds drawn up by PPATs/PPATSs are still found to exceed this limit, thereby giving rise to controversy and legal disputes in the form of lawsuits seeking the annulment of such deeds in court. This phenomenon indicates a disconnect between legal principles and practical implementation, leading to legal uncertainty. This study aims to analyze the legal status of land gift deeds that exceed the maximum limit, legal protection for bona fide donees, and the responsibility of PPATs in their drafting. The research method employed is a normative legal approach using legislative, conceptual, and case-based analyses, along with primary, secondary, and tertiary legal sources analyzed qualitatively. The results indicate that a land grant deed exceeding the maximum limit retains limited legal validity, specifically only for the portions compliant with the provisions of the KHI. Legal protection for the grantee can be guaranteed if there is consent from all heirs. Furthermore, the PPAT bears civil, criminal, administrative, and ethical responsibilities regarding the deed drafted. Therefore, strengthening regulations, enhancing public legal literacy, and ensuring the PPAT’s due diligence are necessary to guarantee legal certainty and reduce disputes.

Ridho Setiawan Usman; Mutia Cherawaty Thalib; Nurul Fazri Elfikri

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the regulation of abuse of circumstances in sales agreements through a comparative study between Indonesian and Dutch civil law. Abuse of circumstances is a legal doctrine that protects the weaker party in contracts where there is an imbalance of power and pressure, resulting in a lack of free will from one party. The research aims to understand the concept and analyze the legal consequences in both legal systems. This normative study employs statutory, conceptual, and analytical approaches through literature review and case law analysis. Findings reveal that in Indonesia, abuse of circumstances is not explicitly regulated in the Civil Code and relies on case law and judicial interpretation, whereas in the Netherlands, it is clearly codified in Article 3:44 of the Nieuw Burgerlijk Wetboek (NBW) providing greater legal certainty. The legal consequence in both countries is the annulment of contracts formed under such circumstances and entitlement to compensation for the harmed party. The primary difference lies in codification and consistency of application. This study recommends that Indonesia adopt explicit regulation similar to the Dutch model to enhance legal protection and fairness in sales transactions.

Rafi Azmi; Nia Dalilla

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the criminalization of juvenile victims of drug abuse from a victimology perspective in Indonesia. The research method used is normative legal research with a descriptive approach, conducted through library research on primary and secondary legal materials. The results show that in law enforcement practices, juveniles involved in drug abuse are often treated as offenders and processed through the criminal justice system. A case study in Surabaya reveals that juveniles who should have been recommended for rehabilitation were instead sentenced to imprisonment. From a criminological perspective, juvenile involvement is influenced by environmental factors, peer pressure, and weak family supervision. In the victimological perspective, these juveniles should be viewed as victims who require protection and rehabilitation. Therefore, a paradigm shift in the criminal justice system is needed, emphasizing a rehabilitative approach and legal protection for juveniles. This approach can reduce stigma and support a more effective rehabilitation process, with the hope of helping children's psychological and social recovery.

Muhammad Raihan Sam; Tasya Kusuma Wardani

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze legal protection for victims of violence against women and children from a victimology perspective in Indonesia. The research employs a normative legal method with statutory and conceptual approaches. The results indicate that Indonesia has established adequate legal regulations to protect victims; however, their implementation remains suboptimal and not fully victim-oriented. Victimology emphasizes the importance of fulfilling victims’ rights not only through legal protection but also through psychological and social recovery. The main challenges include limited access to legal aid, lack of understanding among law enforcement officials, and socio-cultural factors that influence victims’ willingness to report cases. Therefore, strengthening the victimology approach within the criminal justice system is necessary to ensure more just and comprehensive protection for victims. Furthermore, community involvement is crucial in supporting victims and reducing negative stigma against them. Providing information and education to the public and law enforcement regarding the rights of victims of violence is a crucial step in achieving effective protection.

Annisa Rizky Nadya; Monica Erda Amalia; Nadia Lutfi Natasya; Rizha Claudilla Putri

Referendum : Jurnal Hukum Perdata dan Pidana 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the juridical mechanism and implementation of canceling unilateral actions by bankrupt debtors through the actio pauliana lawsuit, providing legal protection for creditors. Debtors often transfer assets before bankruptcy, reducing the value of the bankruptcy estate and harming creditors. Using a normative legal research method with statutory and conceptual approaches, this study explores the legal basis of Article 1341 of the Indonesian Civil Code, as elaborated by Articles 41 to 50 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUKPKPU). The analysis shows that canceling unilateral actions, such as asset transfers, grants, or debt waivers, requires evidence of bad faith and awareness of potential losses by both debtors and third parties. This lawsuit serves as a claw-back provision to retrieve assets that were wrongfully removed from the bankruptcy estate, ensuring the pari passu pro rata parte principle. The main obstacle is proving the subjective element of "knowledge" and the conflict of interest with protecting third parties acting in good faith. In conclusion, strengthening the curator’s role and aligning the interpretation of commercial court judges is crucial to protect creditors' economic rights from manipulative actions by debtors.

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).

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.

Nabila Aida Farhana Lubdin; Arief Suryono

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Divorce gives rise to various legal consequences relating to the status of the parties, marital property, and the rights and obligations toward children, thereby requiring a legal mechanism that ensures legal certainty, justice, and legal protection. In practice, the parties often express their intention to divorce in the form of a Pre-Divorce Agreement Deed drawn up before a notary. This study aims to analyze the legal standing and evidentiary strength of a Pre-Divorce Agreement Deed as evidence in divorce cases decided by default judgment (verstek). The research employs a normative juridical method with a statutory approach and a case approach, focusing on the Decision of the Ngawi Religious Court Number 425/Pdt.G/2023, through a literature review of primary and secondary legal materials. The findings indicate that a Pre-Divorce Agreement Deed executed in the form of a notarial deed constitutes an authentic deed with perfect evidentiary value as written evidence in divorce proceedings. Although it cannot directly result in the dissolution of marriage, the deed is relevant to prove the existence of an agreement between the parties and the condition of a marital relationship that has irretrievably broken down. In cases decided by default judgment, the deed becomes an important basis for judicial consideration in granting the divorce petition. The implications of this study emphasize that a Pre-Divorce Agreement Deed may be lawfully and proportionately used as evidence to support the proof of grounds for divorce and to realize legal certainty in judicial proceedings.

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.

Muthia Zahra Qurraatha Aini

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

The digitalization of payment systems constitutes an integral part of economic digital transformation, driving a shift in transactions from cash-based to technology-based cashless payments. In Indonesia, this digitalization is manifested through the development of the Quick Response Code Indonesian Standard (QRIS) by Bank Indonesia as a national standard for QR code–based payments. Along with its development, QRIS has not only been used in domestic transactions but has also been implemented in cross-border transactions through intercountry payment system cooperation, particularly within the ASEAN region. However, the rapid expansion of QRIS has not been accompanied by comprehensive and structured legal regulation. This study aims to analyze the structure and hierarchy of QRIS regulation within Indonesia’s payment system as well as the forms of legal protection for consumers in cross-border QRIS transactions. The research employs a normative juridical method using statutory, historical, and conceptual approaches. The findings indicate that QRIS does not yet have a Bank Indonesia Regulation as a primary regulatory framework and is regulated solely through a Regulation of Members of the Board of Governors, which hierarchically functions as an implementing regulation. Consequently, QRIS regulation refers to several different Bank Indonesia Regulations, resulting in regulatory fragmentation. This condition has implications for legal uncertainty and the suboptimal legal protection of consumers in cross-border QRIS transactions.

Muhammadong Muhammadong

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

In Islamic law, marriage registration is very significant for both legal and religious reasons. It is a crucial part of making sure that both the administrative duties of marriage and the safety of the family are protected. In Islamic law, marriage is not just a social contract but also a religious duty that necessitates adequate documentation to safeguard the rights of both parties involved. This paper seeks to investigate the notion of marriage registration through the lens of Islamic law, analyzing its function in protecting familial rights, providing legal safeguards, and performing administrative responsibilities. The study methodology utilized is a qualitative approach, incorporating a literature review and document analysis of Islamic legal texts and pertinent current legal systems. The results show that registering a marriage in Islamic law is important not just for making the marriage official, but also for getting legal recognition, avoiding conflicts, and making sure that family members, especially women and children, are safe under the law. The registration process also makes it clear what the marriage's legal status is and what it means for things like inheritance, custody, and other family issues. In conclusion, marriage registration is an important part of Islamic law that upholds justice, protects the family, and makes sure that the marriage is legally protected and accountable.

Fabrizio Richardo Marvil Wanggai; Made Sugi Hartono; Ni Putu Ega Parwati

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

The rapid development of artificial intelligence technology, particularly deepfake, poses significant challenges to legal protection due to its potential misuse for identity manipulation, defamation, and other cybercrimes. This phenomenon highlights a gap between technological advancement and the readiness of legal regulations in Indonesia. This study aims to analyze forms of deepfake misuse and to assess the effectiveness of existing legal frameworks in providing legal protection and certainty. The research employs a normative legal method using statutory and conceptual approaches by examining legislation, legal doctrines, and relevant scholarly literature. The findings indicate that Indonesian positive law does not yet specifically regulate deepfake technology, resulting in law enforcement relying on general provisions of criminal law and the Electronic Information and Transactions Law. The implications of this study emphasize the urgency of regulatory reform and the formulation of adaptive legal policies to address digital technological developments in order to ensure legal protection and justice for society.