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Natasya Dwi Nanda; Sindy Arzety; Anggi Sri Haryanti Simarmata

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

This research is prompted by legal complications within civil procedural law, specifically regarding the failure of judges to identify formal defects in special powers of attorney during the preliminary stages of trial. The central focus of this study examines Decision Number 14/Pdt.G/2025/PN Kba, in which a lawsuit was declared inadmissible (Niet Ontvankelijke Verklaard) only after a seven-month litigation process that had already progressed through evidentiary hearings and local inspections. The objective is to evaluate the effectiveness of the dominus litis principle in empowering judges to provide procedural guidance for lawsuit amendments, while testing its alignment with the principles of simple, fast, and low-cost justice. Employing a normative legal research method with statutory and case-based approaches, the legal materials are analyzed qualitatively using the legal syllogism technique. The findings indicate that the application of the dominus litis principle in the a quo case remains ineffective due to the judges' passive and formalistic tendencies. Such an approach neglects the ex-officio authority mandated under Articles 119 and 132 of the HIR. This ineffectiveness results in significant judicial inefficiency, causing undue loss of time and financial resources for justice seekers. Consequently, this study recommends strengthening rigorous initial screening mechanisms by the panel of judges at the first hearing. This preventive measure is essential to curb the waste of judicial resources and ensure the realization of substantial justice for all disputing parties.

I Gede Adhi Suwarmas Kawiswara

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

The industrial revolution 4.0 has brought rapid advances in technology, one of which is artificial intelligence (AI). AI has the ability to imitate the human thought and action process in solving various problems. However, the implementation of AI raises legal problems related to responsibility for the negative impacts caused, such as cybercrime, information manipulation, privacy violations, and misuse of technology. Indonesia, as a country based on law, is faced with the challenge of regulating AI to be in line with technological developments. Currently, legal regulations in Indonesia do not specifically regulate the legal responsibility of AI. Positive laws, such as the Civil Code and the ITE Law, can be used interpretively, but are not enough to address the complexity of AI. Legal responsibility related to AI is debatable, whether it is imposed on the developer, owner, or user of AI. In addition, AI does not have a “mens rea” in criminal law, so that unlawful acts are more relevant to be imposed on the responsible human. To overcome this problem, legal reform or the creation of special regulations that comprehensively regulate AI are needed. These regulations must include privacy protection, data security, and criminal and civil liability due to the use of AI. With a clear legal framework, the risk of AI misuse can be minimized and its use can be optimized for the welfare of society.

Erni Sulhati Roudho Siregar; Uswatun Hasanah

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

The phenomenon of unregistered marriages in Indonesia is a complex issue that continues to spark debate between religious legitimacy and legal validity under national law. From an Islamic legal perspective, marriage is considered valid if it meets the essential pillars and requirements, such as the presence of a guardian, two witnesses, a dowry, and the consent (ijab qabul) both the bride and groom. However, according Indonesian national law, specifically Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI), every marriage must be officially registered to receive legal recognition and protection. This discrepancy between the two legal systems raises serious problems, particularly regarding the legal status of wives and children, inheritance rights, and legal protection for women in both the private and public spheres. This study aims analyze the issue of unregistered marriages in Indonesia from the perspectives of Islamic law and national law, and to identify the social and legal impacts unregistered marriages. The approach used is normative-juridical, by analyzing legislation, classical and contemporary Islamic legal literature, and empirical case studies in the community. Research findings indicate that although unregistered marriages are considered valid religiously, they lack legal force the eyes of the state, leading to unequal rights for women and children. This situation results in difficulties obtaining birth certificates, inheritance rights, and legal protection cases divorce or domestic violence. This research emphasizes the need for synchronization between Islamic and national legal systems through strengthening regulations and public education regarding the importance of marriage registration.

Cahya, Afinda Cahya Saputri; Fadiya Nabila; Yudi Widagdo Harimurti

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

Murder committed by children presents a dilemma in the criminal justice system, as it must balance the enforcement of justice with the protection of children's rights. This article examines the problematic nature of juvenile criminal liability in murder by comparing the perpetrator's legal approach to that of adults. Normative juridical research methods are used to explain legal provisions, court decisions, and related doctrines. The results indicate that juvenile offenders are not solely focused on their culpability but also on the child's psychological capabilities, maturity level, and social circumstances. Meanwhile, adult offenders are held fully accountable, with a focus on punishment. The main challenges are the difficulty of proving intent and the need for special mechanisms for handling juvenile offenders of serious crimes. This study provides for strengthening the capacity of law enforcement, improving child rehabilitation facilities, optimizing diversion mechanisms, and educating the public to support humane and proportional protection and enforcement of justice.

Anggita Lailatun Ni’mah; Bintang Afifah Nailah; Dyah Hayu Woro; Aldi Rizal Syahputra

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of the digital economy in Indonesia has driven various innovations in the financial services sector, including online lending services (PINJOL) and digital financial platforms. This phenomenon presents both opportunities and challenges for the national financial supervisory system. The Financial Services Authority (OJK), as the institution authorized to regulate and supervise financial services, is required to adapt its role to these dynamics. This study aims to examine the institutional challenges faced by the OJK in carrying out its supervisory function over online lending services and digital financial services in Indonesia. The methods used in this research are normative juridical, with a statute approach, legal theory and institutional theory (Conceptual approach), case approach, and a comparison of fintech supervisory models with those of other countries (Comparative approach). The results of this study are expected to provide an understanding of the OJK's institutional challenges and serve as evaluation material for formulating future digital financial supervisory policies. 

Anisa Nazaila Idris; Mahfudzah Rahva Nur Laily; Syarifuddin, Syarifuddin

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

Law enforcement against narcotics crimes in Indonesia faces various complex problems, both from legal aspects, institutional structure, and community legal culture. Even though Law Number 35 of 2009 concerning Narcotics has been enacted, the circulation and abuse of narcotics is still increasing every year. This study aims to analyze problems in law enforcement against perpetrators of narcotics crimes and identify the factors that affect them. The research method used is normative juridical with a legislative approach and a case approach. The results of the study show that the main obstacles lie in the lack of coordination between law enforcement agencies, weak integrity of the apparatus, overlapping regulations, and low public legal awareness. In addition, the limitation of supporting facilities and infrastructure such as rehabilitation facilities, forensic laboratories, and early detection technology also hinders the effectiveness of case handling. The high modus operandi of increasingly sophisticated narcotics networks is also a challenge for the authorities. Therefore, strengthening regulations, increasing the capacity of human resources, utilizing modern technology, and more intensive collaboration between agencies need to be optimized as a comprehensive effort to strengthen the effectiveness of law enforcement in the narcotics sector.

Evelyn Hatiku; Syifa Hauna Nur Syahidah; Muhammad Oriza Pradana

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

This study examines the complex issue of citizenship in interfaith marriages within Indonesia’s legal and human rights framework. The problem arises from the absence of explicit provisions in national law regarding the civil registration and citizenship consequences of marriages between individuals of different religions. This legal ambiguity often results in unequal recognition, difficulties in registering children’s citizenship, and broader implications for the right to identity. The research aims to analyze how Indonesian marriage law, administrative population law, and judicial interpretations interact with international and constitutional human rights principles. Using a normative juridical method combined with case study analysis and doctrinal review, this study identifies legal inconsistencies between national regulations and the principle of non-discrimination guaranteed under human rights law. The findings indicate that judicial practices, such as post-SEMA No. 2 of 2023 rulings, show a gradual shift toward balancing legal certainty with human rights protection, although disparities persist across jurisdictions. The study concludes that reform is required to clarify the status of interfaith marriages and to protect the citizenship rights of all parties involved, including children. It recommends that legislators harmonize marriage and citizenship laws with constitutional mandates and human rights instruments to ensure equality before the law, legal certainty, and respect for individual freedoms.

Talib, Solihin H.; Talib, Riski; Moonti, Roy Marthen

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

The determination of compensation in the process of land acquisition for infrastructure development in Indonesia still faces various complex legal problems. Although has been regulated in Law Number 2 Year 2012, its implementation often creates inequality, both in terms of compensation value and procedures for community involvement. The phrase “decent and fair” in the regulation opens wide room for interpretation, so there is often a mismatch between the value set by the government and the expectations of the community. This imbalance is exacerbated by weak public participation, lack of legal literacy, and the dominance of legal-formalistic approaches. Agrarian conflicts, legal uncertainty, and disregard for the social and cultural values of indigenous peoples also exacerbate the situation. Therefore, policy reforms based on a participatory approach, institutional strengthening, and the use of digital technology to realize transparency and accountability are needed. Fair compensation must ensure protection of citizens' human rights and build trust in the legal system in the development process. 

Retna Nurhidayah; Rahayu Subekti; Purwono Sungkowo Raharjo

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

Rapid population growth in Indonesia, especially in Karanganyar Regency, has contributed to the conversion of agricultural land to non-agricultural land, which has the potential to threaten food security and environmental sustainability. With the main agricultural land protection regulation in Undang-Undang Nomor 41 Tahun 2009 with further regulations in Karanganyar Regency through regional regulations on Karanganyar Regional Peraturan Daerah Karanganyar Nomor 19 Tahun 2019 Perubahan Atas Peraturan Daerah Nomor 1 Tahun 2013, Peraturan Daerah Karanganyar Nomor 6 Tahun 2020 and the basis for the Kesesuaian Kegiatan Pemanfaatan Ruang (KKPR) policy with the Online Single Submission (OSS) system based on the Peraturan Menteri Agraria dan Tata Ruang (ATR) Nomor 13 Tahun 2021. However, in the implementation of these various arrangements there are various problems and challenges. This study aims to analyse the various challenges and problems in the efforts to realize the conversion of agricultural land to non-agricultural land in Karanganyar. This study uses a juridical empirical research method, using a legislative approach and a conceptual approach. The research findings show that there are inconsistencies in regulations, weak supervision and law enforcement, and lack of public awareness and participation.

Exi Gayaputri; Suraji Suraji

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

This research addresses the problematic inclusion of exoneration clauses stipulating positive reviews for warranty claims on Shopee. While the prohibition of exoneration clauses is not explicitly articulated within statutory regulations, it may be inferred from Article 18 of Law Number 8 of 1999 concerning Consumer Protection about prohibited standard clauses. Nevertheless, the practice of utilizing exoneration clauses, particularly those mandating positive reviews for warranty claims, persists, notably within the marketplace domain. This study adopts an empirical legal methodology, employing both primary and secondary data sources, which comprise primary and secondary legal materials. Data collection was executed through interviews utilizing a purposive sampling technique, and the data was subsequently subjected to qualitative analysis employing an interactive model. The research findings reveal the problematic nature of including exoneration clauses stipulating positive reviews for warranty claims on Shopee, specifically: the inadequate protection afforded to business actors, Shopee's suboptimal efforts in merchant curation, the non-fulfillment of contractual validity requirements, the ineffectiveness of Shopee's Warranty regulations, and the diminution of credibility within the review section.

Andin Wisnu Sudibyo; Ade Saptomo

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study discusses the legal vacuum that occurs in the pre-prosecution process, especially related to the absence of time limits and frequency of return of examination report files (BAP) between investigators and public prosecutors. This vacuum has the potential to hinder the principle of fast, simple, and low-cost justice that should be applied in the Indonesian criminal justice system. This study proposes solutions in the form of setting clear time limits, improving coordination between investigators and public prosecutors, and providing training to improve human resource capacity. In addition, the application of sanctions for parties who violate the provisions of pre-prosecution is an important step to ensure the smooth running of the judicial process. This study is expected to contribute to increasing the efficiency of the criminal justice system in Indonesia.    

Fuji Syifa Safari; Satriya Nugraha; Vicka Prama Wulandari; Yolita Elgeriza Agustin; Claudia Yuni Pramita

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

The enactment of Law Number 13 of 2022, concerning the Second Amendment to Law Number 12 of 2011 on the Establishment of Legislation, is a follow-up to Constitutional Court Decision No. 91/PUU-XVIII/2020 regarding the formal review of Law Number 11 of 2020 on Job Creation. However, during its formation process, Law Number 13 of 2022 can be considered as not meeting the criteria of an open cumulative law due to the Constitutional Court's decision. It is viewed as a tool to legitimize the flawed legislative process that followed the Court's ruling on Law Number 11 of 2020. The method used in this analysis is normative juridical, applying a statutory approach. The results of this research indicate that the reconstruction of substantive content using the omnibus law method in Law Number 13 of 2022 does not align with regulatory governance in Indonesia, which remains characterized by overlapping regulations—both horizontally and vertically—and is irrelevant to the existing decentralization system. The establishment of a National Regulatory Agency (BRN) is proposed as a constructive solution to ensure that the quality of academic drafts, methods, and regulatory content is thoroughly examined for feasibility, thereby creating a national regulatory system that is high quality, orderly, and optimal.

Firstnandiar Glica Aini Suniaprily; Muhammad Aziz Zaelani; Adhy Nugraha

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The loss of personal data is a serious problem that is becoming more frequent, especially in relation to the publication of data on official websites such as the Supreme Court. This review addresses the issue of loss of personal data due to publication to the Decree Directory Archive in light of Law No. 27 of 2022 on Personal Data Protection (PDP). The purpose of this study is to analyze how Law No. 27 of 2022 can address the problem of loss of personal data arising from publication on the Supreme Court website. By understanding the existing regulations, it is hoped that a solution can be found to strengthen personal data protection in Indonesia. The approach used is prescriptive and legal, with analysis of current regulations and past data breach cases. Secondary data from legal literature and incident reports are analyzed to provide a comprehensive picture of the problem. All parties involved should take serious precautions against data leaks caused by postings on official websites such as the Supreme Court. To prevent similar incidents in the future, it is necessary to strengthen regulations through Law No. 27 of 2022 and raise awareness of the importance of personal data protection.

Maratul Husna; Elimartati Elimartati; Nofialdi Nofialdi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The primary issues in this thesis are the causes of siri polygamy, the effects it has on siri polygamous families, and how Tanah Datar Regency has dealt with siri polygamy. The purpose of this study is to investigate and elucidate the causes of siri polygamy in Tanah Datar Regency, as well as the effects and solutions related to this phenomenon. The study's findings indicate that: 1) There are frequent arguments between husband and wife, the husband feels capable, and it is customary to follow ancient customs. The second wife-to-be has not processed the previous husband's death certificate. The husband is worried and does not get permission from the first wife. 2) Siri polygamy has negative effects on children, spouses are unjust and insufficient in allocating their income, spouses are uncaring and hardly return home, wives feel betrayed, and marriages are not legally binding in Tanah Datar Regency. 3) Tanah Datar Regency's resolution of siri polygamy, Out of the five data sets, two had amicably (non-litigation) resolved their issues, with both families and the mother present. None of the data sets were settled in court. Regarding unregistered polygamous weddings, the local Nagari administration has not issued any particular regulations. 4) Unregistered polygamous marriages are regarded under Islamic family law as having no legal significance, with the children being entrusted to the mother and the woman having no rights to assert in the event of a divorce or inheritance. Islamic law permits polygamy as long as certain requirements are met, such as the need that it be done properly and with no more than four partners. In addition, the law and KHI stipulate that the woman cannot have children, has an irreversible illness, or is disabled. The husband also needs the consent of the first wife. There is also an assurance that the husband would be able to fairly provide for his wife and kids.      

Syabilal Ali; Emaeve Nur Berliantari; Aslihatin Zuliana; Irwan Triadi

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

Firearms are a big problem when their use can be regulated for civil society, because simply a freedom with big risks will cause other big problems. Providing a sense of security and personal protection by giving rise to abuse will certainly create confusion both for those who regulate it and those who will clearly feel the dangerous impact. This research aims to determine the factors, efforts and obstacles in tackling the crime of possessing firearms without a permit. The research method used in this research uses a normative juridical research approach with a problem approach using a statutory approach. The findings in this research are that a person's internal and external factors greatly influence the efforts that can be made to prevent and overcome criminal acts of possession of firearms and from all forms of efforts made, various obstacles are also found that are present, from the government's quick response in dealing with it to low awareness. the community has an important role in overcoming these legal issues.

Ayu Widya Wardani; Suraji Suraji

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

This research describes and examines the issues arising from the secondhand clothing bazaar (thrifting) in Surakarta. The prohibition of thrifting in Indonesia is stipulated in Law Number 7 of 2014 concerning Trade in Article 47 paragraph (1). Despite the existing prohibition, the fact remains that thrifting activities are still widespread in Indonesia, attracting the interest of event organizers to host large-scale thrifting-themed events, thus leading to an increase in both traders and event organizers involved in thrifting activities in Indonesia. This study is an empirical legal research of a descriptive nature. The types and sources of research data include primary and secondary data as well as primary, secondary, and tertiary legal materials. Data collection techniques employed include interviews, followed by qualitative data analysis methods. The research findings indicate several problems with the secondhand clothing bazaar in Surakarta, including the potential decline in public interest towards local products, with a shift towards purchasing secondhand clothing. Furthermore, secondhand clothing may potentially harbor diseases such as mold, as evidenced by tests conducted by the Ministry of Trade. The influx of imported secondhand clothing also generates textile waste, and the efforts by the Indonesian government to halt the secondhand clothing trade have not been fully effective.

Jasmine Syifa Azzahra Susilo; Asti Sri Mulyanti; Temmy Fitriah Alfiany

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

To become the halal centre of the world, the government requires the implementation of halal certification for all products circulating in Indonesia, one of which is food and beverage products. The halal certification obligation has been carried out from 17 October 2019 to October 2024. The government has prepared strategies to improve the quality and quantity of assistants and simplify the halal certificate registration process. The Sukabumi City Diskumindag has helped facilitate MSMEs in Sukabumi City to register for free halal certification. However, there are still many MSMEs in Sukabumi City that do not have halal certificates. This is certainly detrimental to the community because it does not protect the right to safety and comfort when consuming or using a product. If until 18 October 2024 MSMEs are not halal certified, they will be subject to sanctions in accordance with Article 24 of the Law on Halal. This study aims to examine how the implementation of halal certification is viewed from Law Number 33 of 2014 concerning Halal Product Guarantee for MSME players in Sukabumi City as well as the role of Diskumindag Sukabumi City and what obstacles are faced during the implementation of the Law. The research used in this study is normative juridical which deductively reviews articles and legislation to examine how these regulations are applied in practice. Problems in the implementation of Law Number 33 of 2014 concerning Halal Product Guarantee in Sukabumi.