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Berlian Adinda Syafira; Fristia Berdian Tamza; Rinaldy Amrullah

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

The rapid development of information and communication technology has led to the emergence of various forms of digital-based crimes, including the dissemination of electronic information containing online gambling content through social media. This situation poses challenges for criminal law enforcement, as the parties involved are not limited to gambling operators but also include individuals who promote and facilitate access to online gambling platforms. This study aims to examine criminal liability for perpetrators who disseminate electronic information containing gambling content and to analyze judicial considerations in sentencing, referring to the Decision of the Tanjung Karang District Court Number 823/Pid.Sus/2024/PN Tjk. The method used is normative juridical research with statutory, conceptual, and case approaches. Data were collected through literature studies of relevant regulations, criminal law doctrines, and court decisions, and then analyzed using a descriptive qualitative method. The results show that the elements of criminal liability are fulfilled, including the existence of a criminal act, intent, capacity to be responsible, and the absence of grounds that eliminate criminal liability. Furthermore, the panel of judges’ considerations reflect a balanced assessment between juridical and non-juridical aspects, resulting in a decision that embodies legal certainty, justice, and utility. This study is expected to contribute to the development of criminal law, particularly in addressing online gambling crimes in the digital space.

Asya Masrurah; Suhartati Suhartati; Nurmiati Nurmiati

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

This research aims to analyze the forms of legal protection for copyright over fashion design and the judicial considerations applied in deciding copyright infringement in Putusan Pengadilan Niaga Makassar No. 1/Pdt.Sus-HKI/Cipta/2020/PN Niaga Makassar through a normative legal research method grounded in statutory and case approaches, where the findings demonstrate that fashion designs published through Instagram fulfill the elements of copyrightable works under Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta because they meet the requirements of originality and fixation, thereby receiving automatic protection without the need for registration, while the Panel of Judges in the decision acknowledged the existence of copyright infringement based on substantial similarities between the plaintiff’s designs and the defendant’s uploads, yet the rejection of the plaintiff’s claim for compensation is considered insufficient to provide comprehensive legal protection because it does not restore the economic or moral losses suffered and fails to produce a deterrent effect for infringers, thus emphasizing the need to strengthen copyright protection in the digital era, particularly within the fashion industry, through judicial decisions that are more comprehensive, progressive, and responsive to technological developments and the increasing complexity of copyright violations.

Munawwar Hamidi; Ida Keumala Jeumpa; Sri Walny Rahayu

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

The ambiguity of the concept of state economic loss in Article 2 paragraph (1) and Article 3 of the Corruption Crime Law (Tipikor Law) has yet to be defined normatively or by an official institution with the authority to do so. This uncertainty has given rise to legal problems in law enforcement, especially after Constitutional Court Decision No. 25/PUU-XIV/2016, which changed the qualification of corruption offenses to material offenses, so that the proof of economic loss to the state must be actual loss. However, in practice, as in the Surya Darmadi corruption case, law enforcement officials still face difficulties in determining the measure and method of proving economic loss to the state in a lawful manner. The issues in this study are the basis for the judge's consideration of the element of economic loss to the state in the Central Jakarta District Court Decision No. 62/Pid.Sus-TPK/2022/PN.Jkt.Pst and the obstacles and constraints in proving the element of economic loss to the state in criminal acts of corruption.This study uses a normative legal method with a statute approach, a case approach, and a conceptual approach. The results of the study show that the first-level panel of judges assessed that environmental damage and the loss of potential state revenue due to the illegal conversion of forest areas were part of the actual economic loss to the state, while the Supreme Court emphasized the importance of limiting this element to actual loss in accordance with Constitutional Court Decision No. 25/PUU-XIV/2016. The obstacles and constraints in proving the element of state economic loss in corruption crimes stem from internal and external factors that are interrelated and affect the effectiveness of law enforcement.

Ubaidillah Ibnu Mas’ud

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

This study examines the transfer of custody (hadhanah) rights of a non-mumayyiz child to the father, as decided in Judicial Decision No. 1882/Pdt.G/2019/PA.Mdn by the Medan Religious Court. According to Article 105 letter (a) of the Compilation of Islamic Law (KHI), the custody of a child under the age of 12 (non-mumayyiz) is generally granted to the mother. However, in this case, the court ruled otherwise. The focus of this research is to analyze the legal reasoning and judicial considerations behind this deviation from normative provisions. This is a normative legalresearch employing a juridical and conceptual approach. Primary data include statutory provisions and the official court ruling, while secondary data are derived from classical Islamic jurisprudence, modern legal commentaries, and related literature. The analysis uses descriptive-analytical methods to examine the legal basis, fiqh arguments, and the principle of maslahah al-mahdhun (best interests of the child). The findings indicate that the court transferred custody to the father on the grounds that the mother had remarried and was experiencing psychological instability, which could endanger the child’s well-being. The decision was based on Article 156 letter (c) of the KHI, which allows custody to be transferred if the mother fails to guarantee the child’s physical and mental safety. The judge also considered the father's financial capability, emotional stability, and supportive environment as decisive factors in ensuring the child's best interests. This research concludes that child custody in Islamic law is flexible and adaptive, prioritizing the child’s welfare over formal legal entitlements. It also highlights the role of religious court jurisprudence in aligning Islamic legal norms with contemporary social realities.

Tasya Darosyifa; Ligina Tesalonika; Ariel Lois; Angel Evelyn; Aditama Candra Kusuma +2 more

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

International trademark infringement poses a complex challenge for brand owners due to jurisdictional variations and differing legal systems across countries. This study examines available legal remedies, ranging from non-litigation dispute resolution mechanisms such as Alternative Dispute Resolution (ADR) - encompassing negotiation, mediation, and arbitration - to formal litigation in national courts. ADR offers advantages in time efficiency, cost-effectiveness, and confidentiality, while litigation provides legal certainty through binding court decisions such as injunctions and damages awards. Preventive strategies including international trademark registration through the Madrid System and cooperation with customs authorities serve as crucial proactive protection measures. Furthermore, this research analyzes judicial considerations in cross-industry trademark disputes, including assessment of trademark similarity (visual, phonetic, conceptual), reputation of well-known marks, bad faith of infringers, and potential consumer confusion. Case studies such as Louis Vuitton vs. Louis Vuitton Dak and Zara Food vs. Zara Fashion demonstrate judicial application of the likelihood of confusion principle and anti-dilution doctrine even across different industries. The research employs normative legal methodology with statutory and secondary document analysis approaches. Findings confirm that legal strategy selection must consider infringement scale, jurisdiction, and business objectives, while international trademark protection requires integration of proactive registration, legal enforcement, and comprehensive understanding of global market dynamics.

Setiyawan, Erlangga Bagus; Fadlian, Aryo

DINAMIKA HUKUM 2024 Universitas Stikubank

The In the current era, Internet Service Providers (ISPs), also known as Penyelenggara Jasa Telekomunikasi Layanan Akses Internet, are emerging rapidly, offering internet services at varying prices. However, the demand for high-speed internet is increasing while complex regulations create opportunities for misuse by individuals or specific groups. The purpose of this writing is to understand the implementation of criminal law, causal factors, and judicial considerations regarding the criminal acts of illegal WiFi internet service providers in Decision Number 411/Pid.Sus/2021/PN.Pgp. This study adopts a juridical-normative approach, aiming to examine positive legal regulations and utilizing legal materials as the primary data. The data sources consist of primary legal materials, such as legislation and judicial decisions, as well as secondary legal materials, including legal opinions, doctrines, legal theories from legal literature, research findings, scholarly articles, and relevant websites. The substantive implementation of criminal law in this case is in accordance with the elements specified in the relevant articles. Individual and external factors, such as the social environment, influence the occurrence of crimes. The judge's consideration to impose a lighter sentence than the Prosecutor's demand is based on mitigating factors, which outweigh the aggravating factors for the defendant.   Keywords :  Criminal Law, Judge's consideration, Telecommunication