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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.

Roby Andika Harahap; Tri Reni Novita

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

The flash flood disaster that hit Indonesia, including the devastating disaster in three Sumatran provinces in November-December 2025 which resulted in more than 900 casualties and trillions of rupiah in losses, shows a strong correlation between environmental damage caused by corporate activities and increased disaster risk. The purpose of this study is to analyze corporate criminal liability for environmental damage resulting in flash flood disasters based on the Environmental Management Law (UU PPLH), examine the mechanism for proving corporate criminal liability, and evaluate the application of criminal sanctions against corporations that commit environmental damage resulting in flash flood disasters. The research method used is normative legal research with a descriptive analytical statute approach. Data collection techniques are carried out through library research and interviews with sources at the North Sumatra Provincial Environmental Service. The data obtained were analyzed qualitatively. The results of the study indicate that: First, corporate criminal liability for environmental damage resulting in flash floods has been comprehensively regulated in Articles 116 to 120 of the Environmental Management and Management Law, which recognizes corporations as subjects of criminal law and regulates the criteria for corporate crimes (committed by, for, or on behalf of a business entity), the responsible party (the business entity and/or the person giving the order/leader of the activity), a one-third aggravation of the sentence, and corporate representation in court, as reinforced by Supreme Court Regulation Number 13 of 2016. The conclusion of this study is that the Environmental Management and Management Law has provided a comprehensive legal framework for corporate criminal liability for environmental damage resulting in flash floods. However, the effectiveness of law enforcement still needs to be improved through accelerating the judicial process, strengthening the capacity of law enforcement, improving inter-agency coordination, and strengthening the decision execution mechanism.

Laura Engellina Bri Siantur; Mutia Salsabila; Muhammad Fakar Ar-Ridho; M Sulthan Bakil Alrafif; Muhammad Fadl +1 more

Discourse on Law and Society 2026 International Forum of Researchers and Lecturers

Thei swifti advancementi ofi technologyi hasi madei iti simpleri fori individualsi toi accessi informationi viai sociali mediai platforms.i Nonetheless,i thisi cani alsoi leadi toi offenses,i includingi abusivei languagei ori expressionsi ofi animosityi towardsi othersi online.i Suchi actionsi falli underi Articlesi 310i andi 311i ofi thei Criminali Code,i whichi governi insultsi andi defamation,i alongi withi thei Informationi andi Electronici Transactionsi Lawi Numberi 11i Oct 2008.i Thisi lawi wasi revisedi toi includei Articlei 27i Paragraphi (3)i ini thei thei 2024i Informationi andi Electronici Transactionsi Law,i whichi tacklesi thei issuei ofi defamation.i Thei methodologyi appliedi ini thisi studyi isi normativei juridicali research,i emphasizingi ai legali approachi thati incorporatesi libraryi sources,i statutes,i regulations,i andi relevanti legali theoriesi andi concepts.i Thei obstaclesi ini applyingi thei lawi againsti defamationi crimesi oni sociali mediai encompassi legali issues,i technicali barriers,i andi culturali asi welli asi sociali factors.i Toi tacklei thesei obstacles,i i iti other essentiali toi enhancei thei skillsi ofi lawi enforcementi personneli andi boosti publici awarenessi abouti digitali literacy.i Thei processi ofi lawi enforcementi concerningi defamationi crimesi oni sociali mediai adheresi toi thei proceduresi outlinedi ini thei Criminali Procedurei Code,i focusingi oni electronici evidence.i Articlesi 310i andi 311i ofi thei Criminali Code,i togetheri withi Articlei 27i Paragraphi (3)i ofi thei Informationi andi Electronici Transactionsi Lawi asi amendedi ini Lawi Numberi 1i ofi 2024,i providei thei legali foundationi fori addressingi crimesi oni sociali media,i ini linei withi thei proceduresi seti forthi ini thei Criminali Procedurei Code.  

Muzakki Ayatulloh GH; Nur’ainy Agmilya Sasmitha; Rahayu Sri Utami

Pemuliaan Keadilan 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study discusses the function of corporate criminal liability for State-Owned Enterprises (SOEs), particularly SOEs, by examining a case of corruption in the sale of commodities at Perum Bulog Jakarta in 2022-2023, which caused financial losses to the state amounting to approximately IDR 7.192 billion. This case illustrates the abuse of authority by SOE officials, which not only reflects individual violations but also is a symptom of weaknesses in the culture of internal control and compliance in state-owned companies. The purpose of this study is to examine the regulation and application of the principle of corporate criminal liability in State-Owned Enterprises (SOEs) with reference to Law Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption Crimes, the latest Criminal Code (Law Number 1 of 2023), and Supreme Court Regulation Number 13 of 2016. The method used is normative legal research with a juridical approach, which focuses on the review of legislation, the concept of corporate criminal liability, and the analysis of related court decisions. The results of the study show that acts of corruption involving Bulog have fulfilled the elements of corporate criminal liability, because they were carried out in the exercise of official authority and were intended for the benefit of the institution. The application of the provisions in the new Criminal Code, particularly Articles 45 to 47 and Article 118, confirms the position of corporations as legal subjects in the criminal law system. The implications of this research highlight the need to strengthen the Good Corporate Governance (GCG) system in SOEs and the need for consistent enforcement of corporate criminal liability by law enforcement officials to ensure justice, transparency, and the prevention of structural corruption in Indonesia.  

Pangesti, Astri Indah; Sihombing, Grace Prima Apriani; Mira Oktaviana Whisnu Wardhani

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Marriage has an important role in shaping the family structure in society. However, in recent years, the marriage rate in Indonesia has experienced a significant decline, reaching 7.51% in 2023. This decline is caused by various factors, one of which is the increase in cases of Domestic Violence (KDRT), which gives a negative image to the institution of marriage. This article aims to examine the stigma of violence and the fading of the institution of marriage. This research aims to analyze the views of employees of PT. Sicepat Express Indonesia from 2018 to 2023. This study uses a qualitative descriptive method to understand employees' views on this issue.  Based on data, in 2023 there will be 289,111 cases of violence against women and 351,828 divorces, of which domestic violence is the main factor. The results show that many individuals feel worried and reluctant to get married due to the growing negative stigma. These findings reveal that domestic violence not only has a direct impact on victims, but also affects the way people, especially the younger generation, view marriage as an institution that ideally brings happiness.

Anang Ardiansyah; Setiyowati

Jurnal Akta Notaris 2025 Program Studi Kenotariatan Program Magister

Kasus pembatalan Akta Hibah berdasarkan Putusan mahkamah agung nomor 1101 PK/Pdt/2022, Bahwa berdasarkan hasil pemeriksaan fakta perkara dan penerapan hukumnya telah benar bahwa sebagai seorang orang tua atau ibu berhak untuk membatalkan hibah sesuai dengan hukum keluarga khususnya Pasal 1688 KUH Perdata yaitu apabila penerima hibah telah melakukan perbuatan melawan hukum (PMH). Rumusan Masalah dalam penelitian ini adalah: 1) Faktor yang menjadi penyebab pembatalan Akta Hibah oleh pemberi hibah berdasarkan Putusan Mahkamah Agung Nomor 1101 PK/Pdt/2022 ? 2) Bagaimana akibat hukum atas pembatalan Akta Hibah yang di buat oleh Pejabat Pembuat Akta Tanah (PPAT) dalam kasus Putusan Mahkamah Agung Nomor 1101 PK/Pdt/2022 ?  3) Apa pertimbangan Hukum oleh Hakim dalam memutuskan Perkara  tentang Pembatalan akta hibah berdasarkan Putusan Mahkamah Agung Nomor 1101 PK/Pdt/2022 ? Penelitian ini menggunakan pendekatan yuridis normatif, dengan sumber data Sekunder, metode analisis data dengan menggunakan analisis kualiatif.

Nurhayati Boang Manalu; Sutri Destemi Elsi; Aditya Romadhon

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Presidential Instruction Number 1 of 2025 concerning State Expenditure Efficiency gave rise to a fiscal paradox at the beginning of the new administration, with a cut of Rp306.69 trillion facing a 17.9% APBN deficit for flagship programs such as Free Nutritious Meals, which triggered doubts about public trust, especially students at the University of Jambi affected by the BOPTN adjustment. This study analyzes the influence of student perceptions on the dimensions of effective-efficient (X1) and transparent-accountable (X2) policies on public trust (Y) as an indicator of government legitimacy. A quantitative survey approach was applied to 400 active students at the University of Jambi (proportional random sampling using the Slovin e=0.05 formula), with SPSS multiple linear regression analysis after classical assumption testing, validity (r> r-table), and reliability (Alpha Cronbach's 0.920 (x1); 0.949 (x2); 0.918 (y)). The results show a significant simultaneous effect (F=200.951; sig=0.000), partial X1 is dominant (t=7.116; β=0.162; sig=0.000) and X2 is significant (t=5.532; β=0.110; sig=0.000), with R²=0.503 explaining 50.3% of the variation in trust. The findings confirm the theory of Easton (1965) and Weber (1947) that efficiency performance evaluation shapes trust, so it is recommended that a real-time APBN dashboard, transparent communication to regional PTNs, and fiscal literacy strengthen the legitimacy of good governance.

Azzahra, Esi Anindya; Desrina , Rania Adriane; Aurellia , Khaila; Tarina, Dwi Desi Yayi

Notary Law Research 2025 Program Studi Kenotariatan Program Magister Fakultas Hukum UNTAG Semarang

Penelitian ini membahas secara mendalam mengenai perlindungan hukum bagi nasabah dalam sengketa gadai syariah, khususnya yang berkaitan dengan pengembalian barang jaminan setelah pelunasan utang. Perkembangan industri gadai syariah di Indonesia yang sangat pesat menunjukkan adanya peningkatan kepercayaan masyarakat terhadap lembaga keuangan berbasis syariah. Namun, di sisi lain, dinamika ini juga memunculkan tantangan baru dalam aspek perlindungan konsumen, terutama ketika terjadi wanprestasi, kesalahan administrasi, atau kelalaian lembaga gadai dalam menjaga serta mengembalikan barang jaminan milik nasabah. Melalui pendekatan yuridis normatif dan studi kasus terhadap Putusan Pengadilan Agama Banjarmasin Nomor 1112/Pdt.G/2021/PA.Bjm, penelitian ini berupaya menganalisis bentuk tanggung jawab hukum lembaga gadai serta perlindungan yang seharusnya diterima oleh nasabah sebagai pihak yang dirugikan. Hasil kajian menunjukkan bahwa dalam perspektif hukum syariah, barang gadai (marhun) memiliki kedudukan hukum sebagai amanah yang wajib dijaga dengan penuh tanggung jawab oleh pihak penerima gadai (murtahin). Apabila lembaga gadai lalai dalam menjaga atau gagal mengembalikan barang tersebut, maka tindakan tersebut dapat dikategorikan sebagai wanprestasi sekaligus pelanggaran terhadap prinsip keadilan dan hak-hak konsumen. Perlindungan hukum terhadap nasabah diatur dalam berbagai peraturan, antara lain Kitab Undang-Undang Hukum Perdata (KUHPerdata), Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen, serta pengawasan yang dilakukan oleh Otoritas Jasa Keuangan (OJK) terhadap lembaga keuangan syariah. Namun demikian, efektivitas implementasi peraturan tersebut masih menghadapi berbagai kendala, seperti lemahnya pengawasan, kurangnya pemahaman masyarakat mengenai hak-haknya, serta minimnya mekanisme penyelesaian sengketa yang cepat dan transparan. Oleh karena itu, diperlukan penguatan sistem pengawasan serta edukasi hukum bagi masyarakat agar prinsip keadilan, kepastian hukum, dan kemaslahatan dalam transaksi gadai syariah dapat terwujud secara menyeluruh.

Akrom Maulana W.M; Pramukhtiko Suryo K

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Advocates are law enforcers whose professionalism depends on a structured organization. Following Constitutional Court Decision No. 112/PUU-XI/2013, advocate organizations in Indonesia have experienced fragmentation (multi-bar). This situation has created disorganization, differing recruitment standards, education, and enforcement of codes of ethics, weakening national oversight of the profession. This study aims to analyze the legal standing and organizational form of the National Advocates Council (DAN) to address this disorganization, specifically in light of Law No. 18 of 2003 concerning Advocates. The method used is normative juridical with a statutory and conceptual approach. The study concludes that to maintain freedom of association and achieve professional unity, DAN should be established as a federation, not a single body (single bar). DAN's primary function is to establish uniform national professional standards, enforce codes of ethics, oversee legal aid, and strengthen the integrity of advocates as law enforcers. The establishment of DAN requires a revision of the Advocates Law to ensure strong legal standing.

M Rayhan Ramadhan; Ambo Esa; Asrul Aswar

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes the application of sentence enhancement to perpetrators of fraud in the recruitment of civil servants (ASN) and examines the consistency of judicial reasoning in Decision No. 1175/Pid.B/2024/PN Mks. The research focuses on two main issues: the fulfillment of the requirements for sentence enhancement under Articles 52 and 486–488 of the Indonesian Criminal Code (KUHP), and the alignment of the judge’s considerations with the principles of criminal sentencing. Using a normative juridical method and employing statutory, case, and conceptual approaches, this research finds that the application of Article 378 KUHP was appropriate, as the elements of deception were proven. However, sentence enhancement under Articles 52 and 486–488 KUHP was not applied due to the absence of a functional connection between the perpetrator’s status as an ASN and the offense, as well as the failure to meet the formal requirements of recidivism. Although the decision is legally defensible in a formal sense, it lacks substantive completeness in addressing moral and sociological considerations. The perpetrator’s ASN status and prior conviction should reasonably serve as aggravating factors. The study concludes that while the decision is normatively consistent, it falls short of achieving substantive justice, particularly regarding public protection and the integrity of the civil service.

Febrian Maulana; Muhammad Syukri Azhari; Pamelda Ariska; Dewi Puspasari; Ariffa Mutri Muslimah +5 more

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

Communal land in Kenagarian Tarantang has undergone conversion into tourism areas, bringing impacts on local environmental conditions. This study aims to explain the forms of communal land conversion into tourist areas, environmental conditions after conversion, and its impact on the environment in Kenagarian Tarantang. The research employed a quantitative associative approach involving 50 respondents randomly selected from 789 households. Data were collected through questionnaires, field observations, and interviews, then analyzed using simple regression analysis. The results showed that communal land conversion occurred intensively for homestay construction and tourism facilities with a total score of 1121 in the good category. Environmental conditions were generally well-controlled with a score of 983 in the very good category, although there were impacts such as reduced vegetation and decreased water quality. Regression analysis confirmed a significant influence between communal land conversion and environmental conditions at 18.49 percent with a significance value of 0.002. Community participation in maintaining the cleanliness of tourism areas was very good, however, stricter government supervision, reforestation programs, and adequate waste management are needed to prevent ecosystem degradation in the future.

Hasyarania Hasyarania; Nurjihad Nurjihad

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

Marriage is the only way to legalize the relationship between men and women in order to realize the happiness of family life. Marriage is also a complement to the religion of Muslims. However, because marriage basically unites two different individuals, it certainly does not rule out the possibility of differences of opinion and other problems. Divorce is the last resort for a marital relationship that can no longer be maintained, divorce can occur for several reasons, including because the couple has changed religions, as contained in the Compilation of Islamic Law Article 116 letter H. Divorce certainly causes a legal consequence, one of which is the effect on children. If the divorce occurs because the wife or a mother has changed, then how is the determination of custody of a child who has not been mumayyiz. The purpose of this study is to find out the judge's considerations in determining child custody due to divorce because the couple changed religion in the decision Number 1515/Pdt.G/2015/PA.Smn. This research is a normative-empirical legal research, this research data uses secondary data consisting of primary, secondary and tertiary legal materials. To complete the secondary data, interviews were also conducted with the judge at the Sleman Religious Court. Based on the results of the research and analysis that has been carried out, it can be concluded that the judge's consideration in deciding the case of determining child custody due to divorce caused by a couple converting (apostasy) at the Sleman Religious Court was given to the Applicant as his father in order to maintain the safety of his child's faith and the best interests for his child and for the sake of the child's future.

Muhamad Afrizal; Arfa’i Arfa’i

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study examines the role of the Village Consultative Body (BPD) in the formation of Mendalo Indah Village Regulation Number 02 of 2018 regarding Waste Collection, referring to Minister of Home Affairs Regulation Number 111 of 2014. Using an empirical juridical approach with a qualitative research method, the study was conducted in Mendalo Indah Village, Muaro Jambi Regency, Jambi Province. Data were collected through participatory observation, in-depth interviews with key stakeholders (including the Village Head, BPD Chair, and community leaders), and documentation. The findings indicate that while the BPD's role in forming village regulations is generally less than optimal, it has a more active role during the discussion and finalization of the draft regulations. However, the initial drafting and proposing stages are often initiated by the Village Head, with limited proactive involvement from the BPD. Key challenges identified include inadequate BPD human resources, limited understanding of their duties, and poor communication and coordination between the BPD, the Village Government, and other stakeholders. The study concludes that improving the BPD’s capacity, knowledge, and collaboration is essential for more effective participation in village regulation formation.

Natsir Mallawi; Nurasia Natsir

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Information technology (IT) has emerged as a critical component of public administration, offering significant potential to enhance transparency and accountability in governance. This comprehensive qualitative case study research examined how information technology implementation influences transparency and accountability mechanisms in public policy administration, while identifying critical challenges and success factors. The research employed embedded multi-case study methodology, collecting data through 118 semi-structured interviews with government officials (n=45), citizen-users (n=38), IT professionals (n=15), civil society representatives (n=12), and academic researchers (n=8), complemented by document analysis and direct observation (280 hours) across four case sites representing diverse governance contexts. Key findings demonstrate that information technology implementation significantly enhances government transparency through multiple mechanisms: public information portals increased citizen information access from 25-30% to 78-82%, mobile applications extended service accessibility from 15-20% to 42-55% in rural areas, and social media platforms reached 60-70% of citizens with policy information. Similarly, IT implementation strengthened accountability through online complaint systems that reduced government response times from 28-45 days to 5-12 days (60-75% improvement), automated audit systems that detected 35-55% more compliance violations, and real-time monitoring systems that reduced audit completion time by 40-50%.  The findings have implications for government practitioners seeking evidence-based guidance for IT implementation, policymakers developing governance policies leveraging technology, and academic researchers studying digital governance and public administration innovation.

Nona, Tryepina Paulina; Suwul, Karolina

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

The contemporary digital era has triggered the normalization of pornography and promiscuous sexual behavior, which significantly threatens the theological understanding and sacramental practice of Catholic marriage among young adults. This article aims to examine, from a theological-juridical perspective, how canons 1055–1101 of the Code of Canon Law (CIC) serve as the authoritative foundation for the Church in safeguarding the dignity and validity of the sacrament of marriage. The method employed is a comprehensive literature study of the CIC, relevant magisterial documents of the Church, and contemporary scholarly works on the dynamics of young adult relationships. The concise findings indicate that exposure to and normalization of pornography directly weaken three fundamental aspects of Catholic marriage, namely the capacity to give free consent, the intention to practice permanent fidelity, and the correct understanding of the body’s meaning as a total self-gift. Nevertheless, the Church possesses solid canonical and pastoral instruments to address these challenges and facilitate restoration. In conclusion, a synergistic integration of canonical approaches, moral teachings, and pastoral guidance is required to assist young adult couples so that they may realize marriages that are not only canonically valid but also psychologically mature and sacramentally holy.

Tias Rachmawati

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

This research examines compliance with gold pawn guarantee execution procedures from a civil law perspective, using a case study of Medan District Court Decision Number 738/Pdt.G/2023/PN Mdn. The background to this research stems from the growing practice of gold pawning in society as a solution for quick cash needs, but it often raises legal issues related to the execution process of the pawned goods. The issues raised in this paper are the procedures for executing gold pawn guarantees according to applicable law and whether PT. Gadai Mas Sumut's actions in this case comply with legal provisions. This research method uses a normative juridical approach by examining Articles 1150-1160 of the Civil Code, the Consumer Protection Law, and PMK Number 122 of 2023. The analysis shows that, normatively, creditors have the right to execute pawned goods if the debtor defaults. However, execution must be carried out in accordance with legal procedures, the principle of good faith, and transparency, including through a public or voluntary auction. In the case of PT. In the case of the North Sumatra Gold Pawn, the execution was carried out without adequate notification and without evidence of an official auction, thus being deemed to have failed to meet the principle of legal compliance. Therefore, this article concludes that gold pawn execution practices must be based on the principles of legal certainty and debtor protection to prevent similar losses and disputes in the future.

Panji Maulana; Muhammad Insa Ansari; Teuku Saiful

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Basically, heirs have the same legal position as the testator in agreement disputes, including sale and purchase agreements made before the testator dies. However, in practice, there is often a discrepancy between the legal provisions and their implementation, especially when there is a conflict between the heirs and third parties. This can be seen in the dispute between Baniyamin as the buyer and the heirs of Muhammad Husen, where the shophouse sale and purchase agreement ended with a default on the part of the seller, so that the responsibility to provide compensation was imposed on the heirs. This research aims to analyse the legal position of the heirs in a dispute over a sale and purchase agreement involving the heir's estate and the form of legal protection that should be given to the heirs. This research uses normative juridical research and case study approach. Data analysis uses a qualitative method. The results show that the position of the heirs is found in the saisine principle in Article 833 of the Civil Code, the rights and obligations of the testator automatically pass to the heirs. The legal protection of heirs is regulated in Articles 833, 1045, and 1100 of the Civil Code, which provide the right to inheritance with debt responsibility limited to the value of the inheritance and the right to refuse harmful inheritance.

Gunawan Widjaja; Songga Aurora Abadi; Sukh Pawen Jit Kaur

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

The Constitutional Court's decision No. 112/PUU-XX/2022, which changed the term of office for the leadership of the Corruption Eradication Commission (KPK) from four years to five years, has sparked controversy in the realm of Indonesian constitutional law. The Constitutional Court, which is supposed to act as a negative legislator, is considered to have exceeded the limits of its authority by establishing new norms in its decision. This research aims to analyze whether the action is a form of deviation of the Constitutional Court's authority referring to the 1945 Constitution and Law Number 24 of 2003 concerning the Constitutional Court. This research uses a normative juridical method with a descriptive-analytical approach through a literature study of regulations, scientific journals, and other legal sources. The research findings indicate that the Constitutional Court not only declared Article 34 paragraph (1) of the KPK Law contrary to the 1945 Constitution, but also stipulated a direct change in the term of office to five years, including for the current KPK leadership. This action is considered a form of judicial activism that deviates from the principle of separation of powers and the principle of non-retroactivity of law. In conclusion, the Constitutional Court's decision creates legal uncertainty, opens space for politicization of the judiciary, and sets a negative precedent in Indonesia's constitutional system. Therefore, it is necessary to reaffirm the limits of the authority of the Constitutional Court in order to remain within the framework of constitutional law that upholds the principle of checks and balances at all times.

Andini Salsabilla; Adi Soesiantoro; Ghulam Maulana Ilman

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

Emergency complaint services are a critical component of public service delivery, requiring speed, coordination, and integration across multiple agencies. The Surabaya City Government developed Command Center 112 as an innovative public service initiative to respond to emergency incidents quickly and in a coordinated manner. This study aims to analyze the implementation of Collaborative Governance in the management of the Command Center 112 service in Surabaya, using the model by Ansell and Gash, which includes four key indicators: starting conditions, institutional design, facilitative leadership, and the collaborative process. A descriptive qualitative approach was employed, with data collected through observation, interviews, and documentation. The findings reveal that collaboration among government agencies, volunteers, and the community has been built functionally and adaptively through regulatory support, standard operating procedures (SOPs), and open communication among stakeholders. However, challenges remain in the form of public perceptions regarding service response quality, which has not been uniformly experienced. These results highlight the importance of strengthening public communication and increasing community involvement in service evaluation. Overall, Command Center 112 in Surabaya serves as a successful example of Collaborative Governance implementation in urban emergency complaint services.

Alfarobbi, Kevin Ariel; Ubaidillah, Lutfian U

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The Indonesian criminal justice system upholds the principle of legal certainty to ensure the protection of the rights of all parties involved in legal proceedings. One of the recurring issues is the ambiguity regarding the timeframe for Investigators to submit case files to Public Prosecutors, particularly in minor offense cases. Article 110 of the Indonesian Criminal Procedure Code (KUHAP) merely states the word "immediately" without specifying a definite time limit, creating opportunities for delays without firm legal consequences. This research employs a normative juridical method with a conceptual and evaluative approach to analyze statutory provisions and their practical application in Indonesia. The findings reveal that although ethical and disciplinary sanctions are regulated within internal police regulations, there is no explicit legal norm governing sanctions for Investigators who fail to promptly submit case files. Consequently, it is necessary to revise Article 110 of KUHAP by establishing a clear and binding timeframe, while strengthening both internal and external supervisory mechanisms to uphold legal certainty and enhance the effectiveness of the criminal justice system. Furthermore, public participation through digital media can serve as a form of social control over the negligence of law enforcement officers in Indonesia.