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Nikmah, Mi Afifah; Siregar, Zalfa Nadhifah Umaimah; Simarmata, Anggi Sri Haryati

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

This research is motivated by the escalating prevalence of illegal online lending practices in Indonesia, which generate a multitude of legal problems, particularly those concerning the validity of loan agreements and debt collection practices. The simplicity of access through smartphone applications, rapid processing times often approved within minutes and minimal administrative requirements have rendered these services immensely popular among the public. However, this accessibility also paves the way for unlicensed providers to operate unchecked, preying on desperate borrowers. The study aims to analyze the legal validity of illegal online loan agreements pursuant to the Indonesian Civil Code (KUHPerdata) and regulations issued by the Financial Services Authority (Otoritas Jasa Keuangan, OJK). Additionally, it examines the legal position of debt collection from a civil law perspective. A normative juridical method is employed, utilizing statutory and conceptual approaches, with qualitative analysis of the data. The results demonstrate that illegal online loan agreements fail to fulfill the requirements for a valid contract, especially regarding the legal capacity of the parties and lawful cause, categorizing them as null and void by operation of law. Nevertheless, in practice, unlicensed providers continue debt collection efforts, frequently employing methods that violate the law, such as harassment and intimidation. This reveals a significant gap between legal norms and field implementation. The implications emphasize the critical need for robust law enforcement, enhanced consumer protection mechanisms, and stricter oversight of fintech lenders to establish legal certainty and justice for society.

Tri Nurul Aida; Siti Dina Setiani; Ika Arinia Indriyany

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze gender-based political violence in the 2020 Regional Head Elections in South Tangerang City and its impact on women’s representation in politics. The case analyzed involves social media attacks against Rahayu Saraswati Djojohadikusumo during her campaign for Deputy Mayor, in which an old photo of her while pregnant was used as material for sexually charged attacks. This study employs a qualitative method using a case study approach through literature review. The analysis utilizes Kate Manne’s theory of misogyny, which views misogyny as a social mechanism within the patriarchal system to control and discipline women entering the public sphere. The results of the study indicate that gender-based political violence manifests in the form of the moral delegitimization of women, digital intimidation or harassment, policing of women in public spaces, and the objectification of women’s bodies. These phenomena demonstrate that gender bias remains a barrier for women in securing equal space in local political contests.

Nursani, Adila; Suherman, Anisa Salsabila; Apriliani, Berliana Mawar; Sofyan, Keysa Kailani; Nadiawati, Khansa +2 more

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

Abstract. This study aims to examine the causes, forms, and strategies for combating violence against female Indonesian migrant workers (PMI) from a legal, sociological, and gender perspective. The background of this research is based on the vulnerability of female PMI to various forms of physical, psychological, sexual, and economic violence, which occurs from the pre-placement stage to the post-placement stage, as well as the long-term impact on mental health, human rights, and socio-economic reintegration. The method used is empirical legal with primary data collection through in-depth interviews with female PMI victims of violence and accompanying institutions, as well as secondary data in the form of literature reviews, laws and regulations, and scientific publications. The analysis was conducted using descriptive qualitative methods, integrating human rights theory, Feminist Legal Theory, and international migration policy. The results of the study show that the vulnerability of female migrant workers is caused by economic factors, education, patriarchal culture, non-transparent recruitment processes, the characteristics of work in the informal sector, power imbalances with employers, and weak legal protection in the destination country. The forms of violence experienced include beatings, sexual harassment, threats, social isolation, wage withholding, and structural exploitation practices. Protection efforts implemented include preventive approaches through training, legal education, legal document guarantees, and assistance from law enforcement agencies, as well as repressive approaches through action against perpetrators of violence and bilateral cooperation with destination countries. This study emphasizes the importance of comprehensive and sustainable protection for female Indonesian migrant workers, covering all stages of labor migration as well as strengthening digital-based monitoring systems, officer capacity, and cross-sector collaboration to ensure the safety, dignity, and fulfillment of the human rights of female Indonesian migrant workers.  

Erni Susanty Tahir; Puput Mulyono

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Breakups often trigger psychological conflict ranging from stress, anxiety, depression, to risky behavior that have an impact on individual well-being and the social environment. This study explores the role of law in preventing, responding to, and recovering such psychological impacts through an interdisciplinary approach. The methodology used is a normative-juridical study combined with a literature review of clinical psychology and mental health policy. The findings show that the legal framework can function on three levels: (1) preventive, through the guarantee of the right to mental health, digital literacy, and platform governance to prevent post-breakup online harassment; (2) protective, through victim protection mechanisms against psychological violence, stalking, doxing, and the dissemination of non-consensual intimate content; and (3) curative, with a referral scheme for counseling services, the provision of legal aid, data confidentiality guarantees, and restorative justice instruments centered on victim recovery. However, there are implementation gaps, including the lack of standardization of psychological assessments in the legal process, limited access to services at the grassroots level, and coordination between institutions that are not optimal. This article recommends the integration of mental health protocols in the law enforcement process, evidentiary guidelines for psychological violence, as well as cross-sectoral collaboration with psychological service providers and digital platforms. The main contribution of this study is the mapping of a comprehensive legal intervention framework for post-breakup psychological conflicts.