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Windi Anggraeni; Syira Ramadani

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

In Indonesia, copyright infringement in the music sector continues to be a significant issue, particularly when musical works are commercially exploited by businesses. This study examines the accountability of businesses towards music royalty payments through a case study of Mie Gacoan and the Collective Management Institute (LMK) SELMI. The research method used is normative juridical with additional research data collected through literature review, including related regulations and various previous studies on music copyright protection. The results of the study confirm that businesses are obliged to pay royalties for the use of copyrighted works, as stipulated in Law Number 28 of 2014 and Government Regulation Number 56 of 2021 concerning Song/Music Royalty Management. The dispute between Mie Gacoan and LMK SELMI demonstrates the weak awareness of businesses regarding legal obligations and highlights the importance of the LMK's role in ensuring the fulfillment of creators' economic rights. This study emphasizes that legal certainty, the level of public awareness of the law, and consistency in law enforcement are important factors in realizing copyright protection in Indonesia.

Mutiara Mutiara; Nazwa Fithri; M. Ikhsan Syahputra; Sabarudin Sabarudin; Tri Reni Novita

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

The phenomenon of sudden resignations, which is common among Generation Z, has become a concern in the modern world of employment. Changes in mindset, expectations of work, and demands for work-life balance are the main factors driving these decisions. However, sudden resignations also raise legal issues related to breaches of employment agreements and the moral responsibilities of employees. This article discusses this phenomenon from the perspective of Indonesian labor law, outlining the contributing factors, the impact on employment relationships, and the legal provisions that govern it. This study uses a normative-descriptive approach based on Law Number 13 of 2003 concerning Labor and Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of the Job Creation Law into Law. This phenomenon shows a gap between normative labor regulations and the reality of a younger generation that is more dynamic and flexible in their work. Therefore, companies and policymakers need to be more adaptive in order to adjust labor regulations to the changing characteristics of today's workforce. In addition, this study also highlights the importance of effective communication between workers and employers to prevent sudden resignations. The results of this study are expected to contribute to the development of labor policies that are more responsive to the needs of Generation Z. Thus, a balance between legal certainty and flexibility in employment relationships can be achieved harmoniously.

Dewi, Dewa Ayu Anggi Diantari; Ramadiansyah, Sahri Aflah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the marketing strategy implemented by the Ngurah Rai Taxi Transportation Cooperative in responding to competition in the transportation industry in the digital era. Unlike application-based transportation companies, Ngurah Rai Taxi is a local transportation service provider that does not use a booking application, but instead relies on direct marketing activities at Ngurah Rai International Airport and the use of social media as a marketing communication tool. This study employs a descriptive qualitative approach, with data collected through in-depth interviews, field observations, and documentation. The research informants consist of an operational manager, field staff, a social media administrator, and taxi drivers. The findings indicate that the marketing strategy of Ngurah Rai Taxi emphasizes personal interaction, trust, and its image as an official airport taxi. Analysis using the AIDA model shows that consumer attention and interest are built through physical presence in the airport arrival area and direct communication, while desire and action are influenced by factors such as safety, fare certainty, and service comfort. This study confirms that direct service-based marketing strategies remain relevant and competitive within the context of Bali’s tourism market.

Ayu Purnamasari

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

The development of artificial intelligence capabilities has the potential to facilitate the implementation of preventive measures. In order to mitigate potential risks, this study seeks to examine the legal status of artificial intelligence in Indonesia. The potential for artificial intelligence to function as both the subject and object of law is a salient factor in this analysis. The methodological approach employed is of a normative or doctrinal nature, emphasizing a comprehensive examination of the legal perspective on artificial intelligence. This study encompasses the objectives of progressive legal theory, the theory of legal subjects and objects, and the legal norms that apply in Indonesia. The results of the study indicate that in Indonesia, the prevailing legal framework regarding artificial intelligence (AI) currently categorizes it as an object of law. This implies that the owner, developer, and user of AI bear full responsibility for any consequences that may arise from its use. Advances in technology have led to the development of artificial intelligence capable of performing legal actions that were previously exclusive to humans. Consequently, the establishment of specific regulations pertaining to artificial intelligence is imperative to ensure legal certainty in the future.

Mukianto, Jandi

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Business entities often face bankruptcy risks due to various factors, including accounting errors, limited experience, or small-cap transactions. The COVID-19 pandemic exacerbated financial conditions for many companies, such as PT Garuda Indonesia (Persero) Tbk., which experienced a significant revenue decline. Additionally, individuals may face bankruptcy due to reasons like job termination or business failures. The primary cause of bankruptcy lies in the imbalance between debt and income, often worsened by poor financial planning. Government regulations can help mitigate bankruptcy risks, such as through health insurance and credit restrictions. The bankruptcy process aims to provide fair resolutions between debtors and creditors while safeguarding public interests. Bankruptcy can also offer debtors the opportunity to restructure their debt, maintain economic stability, and prevent social loss. In practice, bankruptcy involves the management of the debtor's assets by a trustee and the proportional distribution of proceeds to creditors. The application of freedom of contract and legal certainty principles in debtor-creditor relationships is crucial to ensuring a transparent, efficient, and equitable process.

Anggun Rahma Dewi; Ahmad Irzal Fardiansyah; Fristia Bardian Tamza

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The application of restorative justice by the police in cases of assault is based on Indonesian National Police Regulation Number 8 of 2021 concerning Handling Criminal Acts Based on Restorative Justice. This regulation provides a basis for investigators in resolving criminal cases by exploring the values ​​of justice that exist in society. This study aims to analyze the application of restorative justice by the police in cases of assault and the inhibiting factors. The research method uses a normative juridical and empirical juridical approach, with secondary data through library research and primary data through field studies. The results indicate that the resolution of cases of assault complies with the provisions of the regulation, as both formal and material requirements are met, and a peace agreement exists between the perpetrator and victim. This process adopts local wisdom values ​​by involving the perpetrator, victim, their respective families, and community leaders. However, obstacles to its implementation exist, including third-party intervention from the victim's family, the perpetrator's limited financial capacity, external interests, lack of community understanding, and communication barriers between the perpetrator and victim. Therefore, specific regulations regarding restorative justice are needed, incorporated into criminal procedural law provisions, for example through the Criminal Procedure Code (RKUHAP), to provide a strong legal basis and ensure legal certainty.

Herianto Setiawan

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The rise in corruption cases in Indonesia significantly hampers investment, impacts national economic growth, and undermines the integrity of public institutions. This study highlights the strategic role of public mobilization as guardians of transparency in preventing potential corruption at the Danantara Investment Management Agency (BPI). Using a normative legal research approach enriched by qualitative analysis of the regulatory framework and best practices, this study examines the legal basis supporting public participation and formulates an effective corruption prevention strategy in the digital era. The results show that optimizing the role of the public through information transparency and the use of information and communication technology (ICT) plays a crucial role in building accountability and detecting irregularities. Access to audit data, financial evaluations, and public information is an important instrument in strengthening oversight. The use of ICT allows the public to analyze anomalous patterns, assess institutional performance, and provide constructive feedback on investment management policies. However, this mobilization faces significant challenges. First, the complexity of financial and regulatory data often makes it difficult for the general public to interpret. Second, limited digital literacy hinders the public's ability to utilize oversight technology. Third, the urgent need for certainty of legal protection for whistleblowers or oversight participants is a determining factor in the success of the mobilization. Therefore, strengthening regulations that guarantee legal protection, increasing digital literacy capacity, and developing user-friendly public oversight platforms are necessary. Synergy between the government, investment management institutions, and the public is key to creating a transparent, responsive, and adaptive oversight system to technological developments. This way, the active role of the public can be optimized to strengthen the integrity of BPI Danantara and promote a healthy investment climate in Indonesia.

M. Arif Syahputra; Evita Isretno Israhadi

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

This study explores the crucial role of legal certainty in the management of natural resources, with a focus on forest areas, as a key factor in ensuring a balanced approach to economic use, environmental sustainability, and the protection of community rights. Forests, both with and without tree cover, require clear legal frameworks to prevent overlapping claims, illegal activities, and degradation. The state's authority in regulating the status and function of forest areas is vital and must be supported by coherent, enforceable policies. Employing a normative juridical method, this research examines primary, secondary, and tertiary legal sources, particularly Law Number 41 of 1999 concerning Forestry, to assess the extent to which Indonesia’s legal system provides certainty in forest area governance. The findings reveal that legal certainty is still challenged by overlapping regulations, inconsistencies in enforcement, and gaps between formal legal provisions and their implementation in the field. These issues often lead to land conflicts, unclear tenure rights, and unsustainable exploitation. Nevertheless, when implemented effectively, the legal framework has the potential to promote responsible management practices, preserve biodiversity, and safeguard indigenous and local communities' rights. The study underscores the need for harmonizing sectoral laws, strengthening institutional coordination, and improving transparency in forest area designation and use. Legal certainty is not only a prerequisite for sustainable development but also a cornerstone for legal justice and equitable resource governance. This paper contributes to the discourse on forest policy reform and aims to inform legislators, policymakers, and stakeholders involved in natural resources management about the importance of strengthening legal foundations for better governance and sustainability.

Aina Mulia Rizky; Parlaungan Gabriel Siahaan; na Diva Ivan De La Pena Ginting; Desi Marlina Sidabutar; Nazwa Clarissa +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study discusses the legal consequences of the absence of a marriage agreement on marital property according to the Indonesian legal system, especially based on the Civil Code and the Marriage Law No. 1 of 1974. By default, the absence of a marriage agreement leads to the enactment of a system of property union, in which all property acquired during the marriage is considered joint property. This condition has various legal implications, such as the vulnerability of personal property to third-party claims, difficulties in proving ownership of inherited property, and potential conflicts in the division of property in the event of divorce or death of one of the spouses. This study also highlights the difference in the regulation in Islamic law that does not recognize the automatic union of property, but still has the potential to cause disputes if there is no written agreement. The research method used is empirical normative with a qualitative approach, examining positive legal provisions and practices that develop in society. The results of the study show that low public understanding and negative stigma towards marriage agreements are the main factors in the low making of these agreements. The Constitutional Court Decision No. 69/PUU-XIII/2015 which allows the making of agreements during the marriage period expands legal protection, but its implementation still faces challenges. This study recommends the need to increase legal education and socialization on the importance of marriage agreements to provide certainty and fair legal protection for the parties in the institution of marriage.    

Jekli Tosubu; Robby Waluyo Amu; Ibrahim Ahmad

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The implementation of police discretion in the process of investigating criminal defamation cases shows that discretion is an important instrument for police officers in assessing, determining, and following up on a criminal report based on urgency, public interest, and the principles of proportionality and professionalism. In cases of defamation, which are often subjective and private, discretion allows investigators to consider various factors such as motive, impact, and the possibility of resolution outside the criminal path. Factors Affecting the Implementation of Police Discretion in the Process of Investigating Criminal Defamation Cases show that discretion is not carried out absolutely, but is influenced by various internal and external factors, namely: Legal and Regulatory Aspects, Case Characteristics, Professionalism and Ethics of Investigators, Social and Environmental Pressure, Facilities and Resources. Police Discretion should be regulated more clearly in positive law other than Law Number 2 of 2002 and the Criminal Procedure Code so that the principles of Legal Certainty and Respect for Human Rights are more apparent. Police offices need to provide special facilities such as mediation rooms that are neutral, comfortable, and support the creation of a dialogical atmosphere between the disputing parties. Increasing the number of investigators and managing a more balanced workload will provide space for investigators to consider the discretionary path more seriously without sacrificing work efficiency. The Standard Operating Procedure (SOP) for discretion at the Polres level needs to be adjusted to local socio-cultural characteristics. In Gorontalo, for example, a legal approach that is sensitive to family values and customs must be officially accommodated in work procedures.

Herlyn Anastacia; Deddy R Ch Manafe; Adrianus Djara Dima

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Law enforcement in civil cases that have obtained permanent legal force (inkracht van gewijsde) often faces various complex challenges. For example, in land ownership cases that may be suspected of being linked to corruption crimes. Therefore, law enforcement officials must ensure that there is strong and sufficient evidence to process criminal elements without undermining the legal certainty of civil cases that have been decided. Good coordination between civil and criminal judicial institutions is also essential to ensure that justice can be comprehensively upheld. This research is qualitative in nature regarding concepts, relevant laws, and legal facts related to the issues being studied. The data obtained is subsequently analyzed using descriptive analysis, which is an analysis conducted by elaborating the obtained data. The research results show that: (1) The procedure executed by law enforcement officials aligns with the legal authority granted to them. However, the process may result in losses for parties legally proven not to have committed unlawful acts, as evidenced by the final and binding legal decision, with the case dependent on further evidentiary proceedings; (2) Obstacles in law enforcement processes stem from three primary factors: the law itself, law enforcement officials, and society, wherein socio-political interventions can provoke public opinion and conflicts between law enforcement and the community.

Priyo Budi Maryoso; Rendi Prayuda; Meita Istianda

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study analyzes the effectiveness of multi-stakeholder collaboration in the implementation of the Complete Systematic Land Registration (PTSL) program in Bunut District, Pelalawan Regency. The PTSL program as a government effort to provide legal certainty over land ownership requires cooperation from various stakeholders in its implementation. With a qualitative approach and case study design, this study uses the collaborative governance framework from Emerson et al. (2012) to analyze three main dimensions of collaboration: principled engagement, shared motivation, and capacity for joint action. Data were collected through in-depth interviews with 27 informants, participant observation, focus group discussions, and documentation studies. The results of the study indicate that multi-stakeholder collaboration in the implementation of PTSL in Bunut District shows varying effectiveness in various dimensions. In the principled engagement dimension, collaboration is quite effective in the aspects of discovery and definition, but is still limited in the aspects of deliberation and determination. In the shared motivation dimension, there are limitations in building mutual trust and understanding between the community and technical agencies. Meanwhile, in the capacity for joint action dimension, there are strengths in the aspects of procedural arrangements and leadership, but significant limitations in the aspects of knowledge and resources. Supporting factors for collaboration include political commitment, community awareness, the role of traditional leaders, effective communication platforms, and academic involvement. Meanwhile, inhibiting factors include differences in interests between stakeholders, limited technical capacity at the village level, communication and coordination problems, historical land complexity, and budget constraints. The study recommends strategies to increase the effectiveness of collaboration through strengthening multi-stakeholder forum institutions, developing technical capacity, increasing transparency and accountability, developing effective conflict resolution mechanisms, strengthening the role of village governments, and allocating adequate resources. The research findings contribute to the development of collaborative governance theory in the Indonesian context, especially in rural areas with unique socio-cultural characteristics.  

Rizaldy N. Mokoagow; Nur M. Kasim; Mohammad Rivaldi Moha; Zambroni Abdussamad; Abdul Hamid Tome

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

Early marriage is a crucial issue in Indonesia, including in Tombolikat Village, which is often not registered at the Office of Religious Affairs (KUA). This study aims to identify the process of early marriage in Tombolikat Village and analyze the legal implications of unregistered early marriages. The research method used is empirical legal research with a qualitative approach. The results showed that early marriage in Tombolikat Village is still prevalent due to social, economic and cultural factors. Marriage that is not registered with the KUA results in no legal protection for the parties involved, especially women and children. The legal implications include difficulties in managing children's birth certificates, inheritance rights, and the potential for domestic violence without adequate access to legal protection. More intensive outreach and collaboration between village governments, religious leaders, and the community are needed to reduce the rate of early marriage and ensure that every marriage is officially recorded for legal certainty and protection of citizens' rights.

Anak Agung Ngurah Bgs Pradhana Ningrat; I Wayan Rideng; I Ketut Kasta Arya Wijaya

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines Legal certainty is a crucial element in effective governance, especially in the context of laws and regulations. This research examines the enforceability of the Minister of Home Affairs Regulation No. 86/2017, which regulates the preparation of the Local Government Work Plan (RKPD). This research finds that legal certainty in the RKPD is strongly influenced by the implementation and supervision of the regulation. In addition, challenges in harmonization between central and local regulations are an important factor in ensuring effective enforcement. The results show that the ambiguity in Article 78 results in uncertainty in the integration of pokir into the RKPD, thus reducing the effectiveness of DPRD participation and potentially creating conflict between the executive and legislature. To improve legal certainty, it is suggested that further revision and explanation of the provision is needed, as well as training for local officials on more effective implementation of the regulation. The findings are expected to serve as recommendations for policymakers in drafting clearer and firmer regulations.This research recommends clarification and revision of Article 78 to create a clearer framework and support synergy between local governments and DPRDs. The findings are expected to contribute to the improvement of more inclusive and responsive regional planning policies.

Hervienna Ayu Patricia Utari; Endang Sapitri; Angel Caroline; Sintong Arion Hutapea

Lembaga Pengembangan Kinerja Dosen 2025 Lembaga Pengembangan Kinerja Dosen

Land registration is an important part of Indonesia's land system that aims to provide legal certainty over land ownership rights. Although this system has been widely implemented, land disputes remain a significant problem in various regions, including in Bangka Belitung. This study aims to examine the role of land registration in providing legal security for land ownership rights in Bangka Belitung as well as the factors that cause land disputes despite land registration. Based on this research, it can be concluded that although land registration provides strong legal protection, there are still various factors that cause land disputes, such as inaccurate registration data, unauthorized transfer of rights, claims based on customary rights, and lack of public understanding of the importance of proper land registration. In addition, the implementation of a more transparent, accurate, and technology-based land registration as well as increased education to the community can help reduce land disputes in Bangka Belitung. This study suggests the importance of improving the land registration system and inclusive dispute resolution efforts, to ensure that land registration can be more effective in providing legal certainty and preventing future conflicts.

Holifia Holifia; Fathorrahman Fathorrahman

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

Crimes that occur in human life include social events that will always be faced by every human being, society and even the State. Crimes can only be prevented and reduced but it is impossible to completely eliminate them. One of these crimes is violence. This study aims to determine the form of legal protection that has been carried out by the government, law enforcement officers and parties who have the right to provide protection for women as victims of domestic violence and to determine the obstacles faced by law enforcement in providing protection for women as victims of domestic violence. The results of the study indicate that the role of law enforcement officers in protecting women's rights has begun since the discovery of cases of violence by police officers until the time of examination in court and in efforts to provide legal protection for women who are victims of domestic violence, several obstacles were found. These obstacles include factors of the victim themselves, factors of law enforcement officers, factors of facilities and infrastructure, community factors, cultural factors.

Yoanita Rostika Lala; Darius Mauritsius; Chatryen M. Dju Bire

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This research aims to analyze the factors behind the rejection of land vacancy by recipients of land use rights in Numponi Village, East Malaka District, Malacca Regency. Employing an empirical legal research method, the study integrates primary data obtained through interviews and secondary data gathered from literature studies. The data were analyzed using a qualitative descriptive approach. The findings reveal that the refusal to vacate land stems from a combination of internal and external factors. Internal factors include claims made by the right holders over the land, fulfillment of tax obligations, and the perception of ownership by the recipients of use rights. Meanwhile, external factors involve economic interests, cultural values, the influence of a matrilineal customary system that is not yet fully understood by the disputing parties, and a general lack of public awareness regarding agrarian law and the necessity of formal land documentation such as certificates. The study highlights the critical need for better dissemination of agrarian legal knowledge and formal land administration practices within local communities to prevent future disputes and ensure legal certainty over land use rights.

Audrey Adyuta Putri; Elisatris Gultom

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze legal certainty in the post-acquisition integration process and its impact on the protection of shareholders' rights based on the Limited Liability Company Law (UUPT) and the Financial Services Authority Regulation (POJK). Using a normative legal approach and case studies, this study finds that the absence of specific regulations, weak supervisory mechanisms, and the lack of synchronization of corporate culture are the main factors causing integration failure and potential losses for shareholders, especially minority shareholders. To realize a fair and sustainable integration process, it is necessary to strengthen internal governance based on the principles of Good Corporate Governance (GCG), risk-based supervision, and external regulatory reforms that are more responsive to business dynamics. This study recommends the active involvement of authorities in regulating post-acquisition integration and the implementation of transparent and accountable evaluation mechanisms to protect the interests of all stakeholders. These findings contribute to the formulation of a fair and adaptive integration model in the Indonesian legal and economic environment.  

Umbu Kudu Katauhi Mila; Josef Mario Monteiro; Cyrilius W.T. Lamataro

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the regulation of residence permit services for foreign citizens after the stipulation of the regulation of the Minister of Law and Human Rights number 22 of 2023 concerning visas and residence permits. This research is a normative research supported by field research and literature research using primary legal materials, secondary legal materials and tertiary legal materials collected using documentation techniques or literature studies and processed and analyzed in a qualitative descriptive manner. The results of the study show that (1) Synchronization of foreigner residence permit arrangements between Law Number 6 of 2011 concerning Immigration, Government Regulation Number 31 of 2013 concerning Implementation Regulations of Law Number 6 of 2011 concerning Immigration and  Regulation of the Minister of Law and Human Rights Number 22 of 2023 concerning Visas and Residence Permits It is important to create legal certainty and the effectiveness of the implementation of rules (2) Factors that cause Foreign Citizens to exceed the limit of Residence Permit in Indonesia, namely Legal Awareness Factors and Legal Compliance Factors.