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Zaki Akbar Karim; Rika Ratna Permata; Ranti Fauza Mayana

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

This research aims to analyze the urgency of implementing Statement of Use, Declaration of Use, and Specimen of Use instruments as a means of supervising trademark use obligations in Indonesia. Currently, Law Number 20 of 2016 concerning Trademarks and Geographical Indications (UU MIG) only requires a written statement of use without being accompanied by concrete evidence at the time of renewal applications. This creates a loophole for trademark registrations without the intent to use (non-use), which can hinder bona fide applicants.  This study employs a normative legal research method with a comparative law approach between the UU MIG and the Lanham Act (U.S. Trademark Act of 1946). The Lanham Act mandates proof of actual trademark use through a Statement of Use for intent-to-use applications, as well as a Declaration of Use for applications based on use-in-commerce, which must be submitted with a Specimen of Use as actual evidence of the trademark's use in trade.  The results indicate that the adoption of these instruments into the Indonesian legal system is urgent to strengthen the supervisory function of the Directorate General of Intellectual Property (DGIP). This implementation would enable the DGIP to conduct administrative (ex-officio) trademark cancellations for non-use, thereby purging the trademark database of passive marks without having to rely on third-party lawsuits. This legal reform is in line with the legal development theory to encourage business actors to actively utilize the economic functions of trademarks.

Arief Kurniawan; Siti Saniah; Ongky Almus

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

The development of the Central Government Core Area (KIPP) of the Capital City of Nusantara (IKN) is a national strategic project that has significant implications, particularly in relation to state control/domination of land.  The relocation of the national capital to the Capital City of Nusantara (IKN) has become a strategic agenda of the Indonesian government, which aims to realize equitable development and a new administrative center in Indonesia (Law Number 3 of 2022 concerning the National Capital) and has an impact on all aspects of the lives of indigenous peoples in the IKN Nusantara region, particularly in the field of land.  However, this project raises serious issues related to state control of land, especially in terms of the rights of the surrounding communities whose land is affected by the Development of the Central Government Area of the Capital City of Nusantara (KIPP IKN).  Land restitution is a central issue because it concerns the guarantee of human rights, particularly the right to ownership, access to land, and social justice (Satjipto Rahardjo, Hukum dan Masyarakat [Law and Society] (Bandung: Alumni, 2000).  This study analyzes how land restitution in the KIPP IKN development project is viewed from a human rights perspective, emphasizing the need for a balance between national development interests and the protection of citizens' rights.

Abdul Madjid Podungge; Fadel Ilato; Rizki Ayundari Putri

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Civil servants play a crucial role in governance and development to achieve the national goals as stipulated in the Preamble to the 1945 Constitution of the Republic of Indonesia. Civil servants (PNS) are the primary foundation for the implementation of the Indonesian government system, as they implement public policy and provide public services. Their integrity, competence, and legal status significantly determine the quality of government bureaucracy. This study aims to determine the role of the Regional Civil Service Agency (BKD) in handling cases involving civil servants using fake diplomas during recruitment or promotion. The approach used is normative juridical, reviewing existing regulations, such as Law Number 5 of 2014 concerning the State Civil Apparatus, Government Regulations, and other technical regulations. Data were also obtained through interviews with BKD officials and analysis of relevant case documentation. The results of the study indicate that in practice, there is still a discrepancy between established legal procedures and their implementation in the field. Several cases indicate that administrative sanctions or termination of civil servants found to have used fake diplomas have not been fully based on proper verification and sanction mechanisms. This raises doubts about the validity of decisions and has the potential to undermine public trust in government institutions. This study emphasizes the importance of enforcing administrative discipline and improving internal oversight systems, as well as the need for stricter and more coordinated regulations between central and regional agencies to ensure that every administrative action has a valid legal basis. Implementing the principles of accountability and transparency in personnel management must be a priority to create a clean and professional bureaucracy.

Nurul Itsna Fawzi’ah; Widi Nugrahaningsih; Aris Prio Agus Santoso

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

An auction is an open sales mechanism that provides the public with the opportunity to acquire goods or assets through the highest bid. This process begins with an official announcement and is carried out transparently. In line with the development of information technology and efforts to modernize public services, the Indonesian government issued Minister of Finance Regulation (PMK) Number 122 of 2023 concerning Auction Implementation Guidelines. This regulation aims to update and simplify the auction process with a digital approach to make it more effective, efficient, and reach the wider community. This study aims to analyze the implementation of PMK 122/2023 at the Surakarta State Assets and Auction Service Office (KPKNL) and identify obstacles encountered in its implementation. The research method used is a juridical-empirical with a qualitative approach, where primary data was obtained through interviews with auction officials and related staff at the Surakarta KPKNL, while secondary data was collected from regulations, official documents, and legal literature. The research results show that the implementation of PMK 122/2023 has had a positive impact on improving the quality of auction services through digitalization, such as the implementation of an e-Auction system, the provision of e-Auction Corner facilities, and the use of other information technology to facilitate public access. Based on Soerjono Soekanto's theory of legal implementation, the success of policy implementation is influenced by factors such as legal substance, law enforcement officers, and the legal culture of the community. The Surakarta KPKNL (National Public Service Agency) is considered successful in increasing efficiency, accountability, and service satisfaction to the community. However, obstacles remain in its implementation, such as disputes over ownership of auction objects, resistance to occupants' evictions, and technical and administrative challenges in using online systems. This research recommends the need for inter-agency synergy, strengthening complementary regulations, and public education to support the smooth and sustainable implementation of digital-based auctions.

Nunung Arfianti

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

This research examines the legal issues surrounding the Environmental Impact Assessment (Analisis Mengenai Dampak Lingkungan—AMDAL) as a prerequisite for obtaining business or activity permits in Indonesia. The study adopts a normative juridical approach, analyzing legal theories, concepts, and principles relevant to environmental law. The enactment of Law Number 11 of 2020 on Job Creation introduced significant amendments, deletions, and new provisions to Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH Law). One of the most substantial changes is the removal of the explicit obligation to obtain an environmental permit, replacing it with a requirement for environmental approval issued by the central government. This environmental approval consists of the Statement of Environmental Management Capability (Pernyataan Kesanggupan Pengelolaan Lingkungan Hidup—PKLHP) and the Environmental Feasibility Decision (Keputusan Kelayakan Lingkungan Hidup—KKLH), both intended to ensure that businesses and activities comply with environmental standards before commencing operations. However, the revision also affects public participation in the AMDAL process. Under the Job Creation Law, opportunities for environmental organizations and local communities to be involved in the preparation, review, and decision-making stages of AMDAL have been significantly reduced. This shift raises concerns about transparency, accountability, and the integration of environmental, social, and economic considerations in decision-making. In the context of sustainable development, environmental permits or approvals should not only serve as administrative formalities but also as instruments to safeguard environmental quality and uphold public interest. Public participation plays a critical role in ensuring that AMDAL processes reflect diverse perspectives, promote environmental justice, and support the long-term goals of environmental protection. The study concludes that while the Job Creation Law aims to streamline licensing and promote investment, its impact on public involvement in environmental governance poses risks to the integrity of environmental protection frameworks in Indonesia.

Ridwan A. Jula; Fenty U. Puluhulawa; Erman I. Rahim

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines the application of the retroactive principle in the issuance of State Administrative Decisions (KTUN) by regional administrative officials amid digitalization in public services. The research aims to examine the legal basis of retroactive application within administrative law and to identify appropriate mechanisms to ensure its benefit for public administration and society. Using a normative juridical method with statutory and conceptual approaches, the research is supported by literature studies on legal documents and regulations. The findings indicate that, under Indonesian administrative law, the retroactive application of KTUN is legally permissible if it meets specific conditions outlined in the Law on Government Administration—primarily to prevent greater harm and/or to protect citizens’ rights. Retroactive KTUN may address discrepancies between the timing of decision issuance and actual administrative activities, especially in a digital governance environment. The study concludes that to ensure legal certainty and accountability, such application must be based on formal mechanisms, including the development of standard operating procedures (SOPs) and the issuance of regional head regulations as normative foundations. These measures are essential to institutionalize retroactive KTUN and ensure its use aligns with principles of legal certainty, public benefit, and good governance in regional government administration.

Esra Natasya Sitepu; Ivana Theo Philia; Jahya Adiputra Simbolon; Jekson Saragih; Nazlah Aulia +3 more

Journal of Administrative and Sosial Science (JASS) 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to analyze the legal aspects of public information disputes in the context of state administration, focusing on the Decision of the Jakarta State Administrative Court (PTUN) Number 410/G/KI/2024/PTUN.JKT. A public information dispute is a dispute between a public agency and an information applicant regarding the right to obtain and use public information based on laws and regulations. In the era of globalization and the development of information technology, access to public information is one of the important pillars in realizing transparent and accountable governance. In Indonesia, the right to public information is guaranteed by Law Number 14 of 2008 concerning Openness of Public Information (UU KIP). However, in practice, disputes often occur between public agencies and the public regarding the fulfillment of the right to information. The Decision of the Jakarta PTUN Number 410/G/KI/2024/PTUN.JKT is an important case study because it reflects the dynamics of law in resolving public information disputes at the state administration level. This study uses a normative legal approach with a case study method. Data were obtained from the analysis of PTUN Jakarta decisions and related legal documents. The results of the study show that public information disputes often occur due to unclear boundaries between information that can be accessed by the public and that which must be protected. The Jakarta PTUN decision emphasizes the importance of consistency in the application of the Consequence Test Sheet and emphasizes that information related to public services must be open to public access. This study contributes to understanding the legal complexity behind public information disputes and provides recommendations for improving the dispute resolution system in the future. In addition, this study also reminds us of the importance of a balance between public information transparency and personal data protection, especially in the context of state administration.

Wayoi, Korneles

Journal of Social And Education Research 2025 PT. LARPA JAYA PUBLISHER

The implementation of administrative law in village governance during the era of village autonomy faces various complex challenges. This study aims to analyze the obstacles encountered by village officials and formulate effective strategies to enhance accountability, transparency, and professionalism in village administration. The research employs a literature review approach, analyzing eight scholarly articles published between 2012 and 2023 that discuss topics such as administrative capacity, regulation, supervision, community participation, and the use of information technology. The analysis reveals that the main challenges include limited administrative knowledge among village officials, overlapping national and local regulations, local political influence, and inadequate external supervision. Identified strategies include capacity building through training, strengthening community participation as a form of social control, regulatory harmonization, and the use of information technology to improve transparency and accountability. Implementing these strategies enables village governments to operate more professionally and respond effectively to community needs. This study provides both theoretical and practical contributions to village policy development, the strengthening of administrative law principles, and the improvement of local governance quality in Indonesia.

Ibrahim Kristofol Kendi

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research explores changes in personnel regulations that reflect the government's efforts to consistently boost the human resource capacity of state apparatus. Law No. 8/1974 emphasizes ideological loyalty and administrative requirements without a competency-based system. Law No. 43 of 1999 introduced the principle of merit and competency-based selection, although it is still constrained by supervision and technology. Significant reforms occurred in the State Civil Service Law with the implementation of comprehensive meritocratic principles using technology such as Computers Assisted Test (CAT), and supervision by independent institutions such as KASN and BKN. The results of the study indicate an increase in effectiveness in transparency, accountability, and professionalism of civil servants along with the development of regulations, although implementation challenges in the regions remain obstacles. This study recommends strengthening technological infrastructure, supervision, and ASN training to support sustainable bureaucratic reform.

Rizki Maulana Syafei; Ikram Ibrahim; Nabila Rizq Wildanbati

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

This research examines the problem of law enforcement against abstention behavior in elections in Indonesia, with a focus on punishment for abstention behavior that does not vote and does not come to the polling station. The background of this research is the legal vacuum arising from the current election law enforcement system, which is characterized by the ups and downs of the abstention rate that occurs. In 2004 the abstention rate amounted to 20.24%, in 2009 the number of abstentions increased to 25.19%, in 2014 the number of abstentions increased more drastically to 30, 22%, while the last in 2019 the number of abstentions decreased to 18.03%. The purpose of this research is to evaluate the implications of abstention on democratic development and to provide sanctions regulations in the form of administrative and criminal sanctions for abstainers who do not come to the polling stations. The research method used is descriptive qualitative analysis, by examining relevant primary and secondary data. Data was collected through literature study, and analysis of related documents. The results of this study show that abstention is an act that is not allowed by a country. Abstention behavior can reduce the level of election participation and the level of legitimacy as a prerequisite for the state as a democracy. Thus, it is necessary to reform the regulations under citizens who abstain from coming to the polling stations must be subject to punishment in the form of both administrative sanctions and criminal sanctions which will be related to policies submitted to the legislators.

Andi Satria; Aliya Adetya; Jonathan Tarigan; Putra Sion Tomu Tua Sirait

Jurnal Begawan Hukum (JBH) 2024 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

In general, regarding administration and its construction, it brings us to the administrative reality which is the basis for the government to carry out and exercise its authority. Law is the main basis for living life. Guarantee the principles of order and discipline so that order can be implemented. Guarantee a sense of freedom, security, comfort and order. In general, there is no point in including obligations or prohibitions for citizens in state administrative laws and regulations.

Nur Maria Magdalena; Steviana Br. Sihombing; Mellyana Candra

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Public services according to Law Number 25 of 2009 concerning Public Services are activities or series of activities in order to fulfill service needs in accordance with statutory regulations for every citizen and resident for goods, services, and / or administrative services provided by public service providers. In Indonesia, there are development problems that become obstacles in realizing good and adequate public services, the first is the bureaucracy that is fat, slow, and unable to provide excellent service to the public and investors, the second is corruption, where there are still many state administrators who abuse their positions and manage state finances, and the third or last is the problem of inadequate infrastructure and the lack of a state budget for its development and maintenance. Service standards are benchmarks used as guidelines for service delivery and reference for assessing service quality as an obligation and promise of the government to the community in the context of quality service.

Muhammad Anwar Ibrahim; Gema Permana Rahman; Taufiqurrohman Syahuri

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

As time goes by and the development of law in Indonesia, the trademark has become a symbol that has been integrated in the life of society. Given the importance of a brand, the brand must get a protection from each country. Protection of a trademark in Indonesia is regulated in Act No. 20 Year 2016 on Trademarks and Geographical Indications, one of the materials regulated in the Act is about the settlement of trademark disputes. The settlement of trademark disputes is resolved by two judicial bodies, namely the Commercial Court and the State Administrative Court. This research uses a normative juridical approach method with descriptive analytical analysis of legal materials. The results of this study found that the authority of the State Administrative Court (PTUN) is to examine, decide and resolve State Administrative disputes (TUN) in a dispute arising in the field of State Administrative law (TUN) between persons or civil law entities (members of the public) with agencies or TUN officials (government) within the scope of the central government also includes local government as a result of the issuance of a TUN decision (beschikking). State Administrative Court has a very important role in resolving trademark disputes on the basis of registered trademark owners object to the decision to remove the registered trademark on the initiative of the Minister.  

Yunita Wulandari; Siti Habibah; Yulia Nisah; Siti Karomatul Ghoniyah

Publikasi Hasil Pengabdian dan Kegiatan Masyarakat 2023 Asosiasi Periset Bahasa Sastra Indonesia

The presence of the Legal Aid Post (Posbakum) is generally referred to as a major invasion, representing a development of the previous government's legal aid policies. Its existence reflects Indonesia's lawful state responsibilities. The Supreme Court (MA) established Posbakum in all courts of first instance that provide legal aid services, including General Courts, Religious Courts, and State Administrative Courts. This service activity was carried out at the Jember Religious Court with the goal of providing knowledge and understanding to the people of Jember Regency, particularly the less fortunate, so that they are more aware of the Jember Religious Court's legal aid facilities, which can assist in filing or handling cases and ensuring equality before the law.

Yapiter Marpi

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The existence of these judicial institutions becomes very important because it can be ascertained without the existence of judicial institutions that are given the authority to carry out law enforcement, then the law will not have much meaning in society. One of the judicial institutions tasked with carrying out law enforcement is the Tax Court Institute. So far, although the organization, administration and finance coaching is carried out by the Ministry of Finance, which incidentally is in charge of the DGT, does not reduce the freedom of the Tax Court and the independence of the judges in examining and deciding on existing tax disputes. Law enforcement in this context is the law in the field of taxation relating to the enforcement of the rights and obligations of the state and people in order to create the benefits, justice, and legal certainty for the parties. Then, through the decision of the Constitutional Court Number 26/PUU-XXI/2023 which mandates that the organizational, administrative, and finance foster of the Tax Court must be transferred to the Supreme Court, the provisions contained in the Tax Court Law regarding organizational development and technical guidance from the Supreme Court are also Administration and Finance by the Ministry of Finance does not describe the independence and independence of the judicial institution as mandated by Article 24 paragraph (1) of the 1945 Constitution of the Republic of Indonesia and the Law on Judiciary. As a result, by placing a tax court in the "two -roof" executive power and judicial power it is feared that it can lead to non -resistance to the resolution of tax disputes by the tax court judge.

Alfian Tri Pamungkas, Naufal; Krisna Ari Sadewa, Bayu; Nike Sasmito, Vanya; Muhammad Haidir Ali, Datuk

DINAMIKA HUKUM 2023 Universitas Stikubank

The purpose of writing the article is to analyze the functions and roles of BKN, the role of BKN in preventing corruption for civil servants, and the implementation of corruption prevention policies or programs in the field by BKN in efforts to prevent civil servant corruption. Employees are workers both physically and mentally and their presence is needed because they are one of the most important means of effort to achieve certain goals. The writing method that we use in writing this paper is normative juridical, namely an approach through researching doctrinal laws using secondary data sources. The BKN as an institution of the Government of the Republic of Indonesia to better manage government personnel. The BKN was established to function not only to collect administrative data, but to develop the competence of civil servants in a more effective way so that they can provide support for development missions, governance, and public services. Corruption is the root of the country's problems and is the most important cause of poverty, therefore it must be dealt with. The causes of corruption very often occur such as the absence of strict sanctions, weak religious and ethical education, lack of education, bad environment, radical change, poverty, and the state of society. BKN is an institution that has the authority and controls the implementation of ASN administration standards, norms, procedures and criteria, staffing employees, organizing training and developing the field of HR management as well as conducting inspections. official duties, etc.   Keywords : Corruption, Government institutions, Civil Servants.

Sriyanti Sriyanti

Jurnal Bintang Pendidikan Indonesia 2023 Pusat Riset dan Inovasi Nasional

Indonesia, Indonesia is a nation of law that uses a rule of law country (rechtstaat) concept. The concept of rule of law Indonesia set forth in its Constitution, the 1945 Constitution, Article 1 paragraph (3). There is an important element of democracy stated on the Constitution, namely the protection of human rights, that every citizen has the right to enjoy it. One of the rights protected in the Constitution is right to access a good and healthy living environment. For this, the environment needs to be preserved and function through administrative law enforcement. The study uses normative juridical approach with descriptive-analytics, which describes the norms and associated with theories, and opinions of legal experts. The development of a democratic nations of law can be seen from the aspect of law enforcement in particular with environmental administration. In Indonesia, it can be reviewed through the theory of organic states and the theory of pluralist states. Based on the theory of an organic state and looking at the aspects of environmental administration law enforcement in Indonesia, the state has regulated the enforcement of environmental administrative sanctions whereby the state can regulate every activity and/or business in the environmental issues. Therefore, the pluralist state theory recognized a variety of diverse interests in society that the state has accommodated all citizens rights to a good and healthy environment through pro-environment government policies