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Irfan Fauzi; Arini Nabila Azzahra

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

State-based conservation in Indonesia often faces institutional failure and social resistance, resulting in continued deforestation. Conversely, Indigenous conservation models in West Java, specifically the Leuweung Larangan (forbidden forest), demonstrate significant ecological resilience. However, the legal standing of these customary practices within Islamic jurisprudence remains under-theorized, creating a dichotomy between Adat (custom) and Sharia. This study proposes a juridical reconstruction of the Sundanese taboo mechanism (Pamali) as Jarimah Ta’zir (discretionary sanction) to strengthen environmental law enforcement. Utilizing a socio-legal approach and ecological hermeneutics, this research analyzes Yusuf al-Qardhawi’s concept of Fiqh al-Bi’ah and Seyyed Hossein Nasr’s sacred science, alongside relevant empirical data on Indigenous forest governance. The findings demonstrate that Leuweung Larangan structurally manifests as Hima Syar’i (sacred protected zone). Operationally, Pamali functions not merely as a cultural myth, but as a preventive legal instrument (Sadd al-Dzari’ah) where environmental violations constitute religious criminal acts. This creates a "Sundanese Eco-theology" model that establishes a double-layered compliance system—social sanctions and theological liability—proving more effective for carbon preservation than state regulations alone. The study recommends integrating this model into the Green Constitution framework to resolve tenurial conflicts and enhance climate resilience.

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.

Didik Setyawan; Diana Haiti; Achmad Faishal; Elay Yusifli Elshad

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

The Prosecutor's Office of the Republic of Indonesia (Kejaksaan RI) is currently undergoing a significant paradigmatic shift following the enactment of Law No. 11 of 2021. While historically viewed primarily as a prosecution agency (Dominus Litis) in criminal matters, the current legal landscape demands a stronger role in Civil and State Administrative Law (Datun). However, the institutionalization of the Attorney General as the "Supreme Legal Advisor" to the government remains suboptimal, often overshadowed by its repressive functions. This normative ambiguity hinders the state's ability to receive unified and binding legal opinions. This study aims to analyze the normative basis for this transformation and proposes an institutional framework to establish the Attorney General as the sole authority for state legal counsel. The research employs a normative juridical method with statutory and comparative approaches, analyzing the new Prosecutor's Law and comparing it with the Solliciteur-Generaal concept in other jurisdictions. The study finds that the 2021 amendment provides the necessary legal standing for this transformation, but it requires a competency upgrade for prosecutors to handle complex non-litigation issues. Strengthening the Attorney General's role as the Supreme Legal Advisor is essential to ensure legal certainty in government policies and prevent state financial losses.

Zahwa Anzhella Pasya; Syarifah Annas Tasya; Juwita Widianingrum; Anis Muslikhah; Ahmad Mustain Nasoha

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

 Islamic boarding schools (pesantren) play a strategic role in shaping the character, morality, and spirituality of the Indonesian nation as traditional Islamic educational institutions that have long contributed to social and religious life. Although their existence has been legally recognized through Law Number 18 of 2019 on Pesantren, the integration of Pancasila values into pesantren curricula continues to face several challenges, particularly in aligning these values with the provisions of the National Education System Law (UU Sisdiknas). This study aims to analyze the legal standing of pesantren within the national education system, identify opportunities and obstacles in implementing Pancasila Education in pesantren environments, and formulate policy recommendations that strengthen the internalization of national values. Using a normative juridical approach, this research examines national education regulations and religious education frameworks to understand the role of pesantren in supporting national development based on Pancasila. The findings of this study are expected to serve as a reference for the government, education stakeholders, and pesantren administrators in optimizing the role of pesantren as centers of character and civic development, as well as enhancing public understanding of the importance of harmonizing religious education with national civic education.

Safrizal, Riyan Auliyanda; Fahmi Makraja; Ikhsan Fajri; Belia Pratiwi Rosadi

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

This study discusses the shift in the meaning of delinquency in Articles 2 and 3 of the Corruption Crime Law (Corruption Law) which has an impact on law enforcement for corrupt perpetrators. In practice, the element of state losses must be clearly proven so that the perpetrator can be held criminally responsible. However, there is a phenomenon of corrupt perpetrators who return state losses to obscure the elements of loss as stipulated in Article 2 of the Corruption Law, so that they have the potential to escape criminal snare. This research uses a qualitative method with a descriptive analysis approach, through literature studies and studies of the Constitutional Court Decision Number 25/PUU-XIV/2016. The results of the study show that the basis of the applicants' application in the decision is divided into four aspects, namely the authority of the Constitutional Court, the legal standing of the applicant, the object of the application, and the reason for the application. The Constitutional Court judge in the decision considered three main aspects, namely the authority of the Constitutional Court, the legal standing of the applicant, and the subject matter of the application. The judge's legal considerations emphasized that the phrase "may" in Article 2 paragraph (1) and Article 3 of the Corruption Law caused legal uncertainty, so that the nature of the offense in the two articles changed to a formal offense. This has an impact on uncertain and fair legal protection for applicants and has serious implications for law enforcement of corruption crimes in Indonesia.

Serlina AtaillaWidya Fatimah; Rosyid Nur Huda; Nafisatul Laila

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

This research seeks to examine how changes in citizenship influence the legal validity of marriage, emphasizing both juridical aspects and practical implications. In an era of globalization and increased international mobility, the phenomenon of changing or losing citizenship has become more frequent. The legal consequences of such changes for marital validity represent a crucial area that demands comprehensive analysis, particularly in relation to national and international marriage laws. The study combines an international literature review with empirical data and legal analysis derived from the works of Mr. Mustain, a lecturer at UIN Raden Mas Said Surakarta. Findings reveal that a shift in citizenship can alter the legal standing of a marriage, generate legal ambiguities, and influence family rights such as child custody and inheritance. To address these issues, regulatory harmonization, the proactive engagement of religious authorities, and legal reform at the national level are essential to ensure adequate legal protection for couples undergoing citizenship transitions. Employing a library research method with a qualitative-normative approach, this study analyzes statutory provisions, judicial rulings, and relevant scholarly sources. The findings underscore that citizenship alteration may impact the legality of marriage, particularly when legal systems differ between the country of origin and the newly acquired nationality. In summary, citizenship changes can lead to legal uncertainty regarding marital validity, underscoring the need for legal harmonization and clear protective frameworks for affected couples. This research thus contributes significantly to the discourse on marriage law and citizenship policy development.

Kintannia Khairunnissa Indriyanti

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

A fiduciary guarantee agreement is a formal agreement that must be stated in a notarial deed as regulated in Article 4 of the Fiduciary Guarantee Law. This provision states that a fiduciary guarantee is a subsidiary agreement of the main agreement that creates an obligation for the parties to fulfill a performance. Execution, in this context, is a legal action carried out based on a legally binding decision. Article 15 paragraph (2) of the Fiduciary Law explains that the executorial power of a fiduciary guarantee certificate allows for direct implementation without going through a court, is final, and binds the parties. This research uses an empirical normative method, namely combining library studies with field research. Primary data was obtained through interviews with Judges of the Yogyakarta District Court, Judges of the Sleman District Court, the Yogyakarta State Assets and Auction Service Office (KPKNL), and the Yogyakarta Regional Office of the Ministry of Law and Human Rights. Secondary data comes from primary, secondary, and tertiary legal materials. The analysis was conducted qualitatively. The research results indicate that following Constitutional Court Decision No. 18/PUU-XVII/2019, the execution of fiduciary collateral objects can no longer be carried out unilaterally by creditors, but must instead be filed through the District Court. This provision balances the legal standing between debtors and creditors and prevents potential arbitrariness. Nevertheless, execution through the courts is an alternative if there is no agreement between the parties regarding a default. The court's role following the Constitutional Court decision includes resolving disputes between creditors and debtors and ensuring that execution procedures are carried out in accordance with the HIR (Regional Regulations for the Protection of Creditors), RBG (Regional Regulations for the Protection of Creditors), and the Supreme Court's technical instructions. In general, the execution mechanism through the courts is considered quite effective in ensuring legal protection for both parties.

Andreas Andrie Djatmiko; Dinar Ayu Marta

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

Advances in digital technology have brought significant changes to various aspects of life, including socio-economic activities such as arisan (social gathering). Arisan, which was previously conducted conventionally, has now begun to transform into online arisan. This change offers several advantages, including ease of access, reduced time constraints, and a wider range of participation. However, behind this convenience, an equally important challenge lies the lack of regulation and oversight of online arisan practices, which are prone to legal threats. This study aims to examine the urgency of creating written agreements in the implementation of online arisan and examine their legal force as a form of legal protection for the actors, both organizers and members. Using a normative juridical method through a regulatory-statutory approach and case studies, this study emphasizes the importance of legal validity in civil relations formed through online arisan. Data were obtained through observation, interviews, and documentation, which were then analyzed through a process of data reduction, presentation, and drawing conclusions. The results of the study indicate that written agreements in online arisan have legally binding force as long as they meet the requirements for a valid agreement according to Article 1320 of the Civil Code. The existence of a written agreement can increase legal certainty, strengthen the legal standing of the parties, and serve as valid evidence in the event of a breach of contract. Therefore, creating a written agreement is crucial to avoid losses and strengthen legal protection in online arisan (social savings and credit) practices. Furthermore, a written agreement also reflects the good faith of the parties in carrying out their commitments professionally and responsibly. This serves as an important foundation for building trust and creating a transparent and accountable online arisan system. Therefore, it is recommended that every online arisan participant create a clear written agreement and have it notarized to strengthen its legality.

Abikul Halik; Djoni Sumardi Gozali

Jurnal Riset Rumpun Ilmu Bahasa 2025 Pusat riset dan Inovasi Nasional

Auctions in Indonesia serve a dual function not only as a mechanism for buying and selling to obtain optimal prices, but also as a legal enforcement tool that reflects both the public and private aspects of the auction process. This study aims to analyze the legal standing of the auction minutes deed (akta risalah lelang) in providing legal certainty for auction winners, particularly concerning ownership of vehicles resulting from the execution of state-confiscated assets. This study employs a normative approach, which examines law as a set of norms applicable within society and functions as a guideline for individual behavior. In this context, the auction minutes deed is regarded as an authentic deed; however, its existence does not automatically serve as legitimate proof of ownership for the winning bidder. Nevertheless, the deed still ensures legal certainty by demonstrating the good faith of the buyer and can serve as the legal basis for transferring vehicle ownership documents, proof of the sales transaction, and valid legal evidence.

Joni Harianto; Zeis Zultaqwa; Mohamad Donie Aulia

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

The Industrial Design Rights of the Koper Generator have been revoked based on the Decision of the Central Jakarta Commercial Court No. 78/Pdt.Sus-HKI/Desain Industri/2023/PN.Niaga,Jkt.Pst. However, even though the registration of the Koper Generator Industrial Design has been revoked, the rights holder continues to exercise his economic rights, thereby causing real losses to the Plaintiff. Therefore, the Plaintiff filed a lawsuit for infringement of industrial design rights and a claim for compensation. The decision on the lawsuit basically rejected the Plaintiff's lawsuit, on the grounds that the Plaintiff did not have legal standing to file a lawsuit for infringement of industrial design rights and a claim for compensation.Based on the results of the study, it was found that legal protection for related parties or parties interested in industrial design rights is only related to filing a lawsuit for cancellation of industrial design rights, but cannot reach legal protection to file a lawsuit for infringement of industrial design rights and a claim for compensation; Legal considerations of the Panel of Judges of the Commercial Court in case No. 76/Pdt.Sus-Hki/Desain Industri/2023/PN.Niaga.Jkt.Pst, is not appropriate, because it does not consider the fact of bad faith from the Defendants who continue to exercise their industrial design rights, even though their industrial design rights (Genset Koper) have been revoked by a court decision. The fact of direct losses suffered by the Plaintiff is not taken into consideration. This can make the judge's decision based on formalistic or procedural justice.

Moh.Alfan Baetoni; Lucky Dafira Nugroho; Hudama Leo Putra Perkasa

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of information technology has driven significant changes in the practice of contract making, from manual-based to increasingly using electronic systems. This research discusses the validity of the legal certainty of electronic contracts compared to manual contracts. Electronic contracts offer efficiency and flexibility, but raise concerns regarding the validity of electronic signatures, data security, and legal proof in the event of a dispute. Meanwhile, manual contracts are considered more concrete and easily accepted as evidence due to their physical form. Through a normative approach with the analysis of laws and regulations and legal literature, this study found that both types of contracts have equal legal standing as long as they fulfill the legal requirements of an agreement according to the Civil Code. However, electronic contracts face challenges in legal protection, identity authentication, and document integrity. It is necessary to strengthen technical regulations, digital legal education, and technological infrastructure to ensure the validity and legal certainty of electronic contracts to be equivalent to manual contracts, so that the rights and obligations of the parties can be fairly protected in today's digital era.    

Rohman Rohman

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The inconsistency in case rulings and its impact on the principles of separation of powers and the quality of democracy in Indonesia. The case challenges the age limit for presidential and vice-presidential candidates, with the Constitutional Court acknowledging the legal standing of the petitioner despite discrepancies in the outcomes of similar cases. The implications of adding norms in such rulings also raise questions about the legitimacy of Constitutional Court decisions in the political context. This study employs qualitative methods, leading to the conclusion that the decision results in controversy among the public, causing them to lose trust in the constitutional court due to autocratic rulings benefiting political elite. Keywords: Constitutional Court, Democracy.

Istiqomah Istiqomah; Mutiasih Savanah Puti Dinanty; Surwangi Resti Anggun Saputri

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

Deepfake technology, a product of artificial intelligence, is widely discussed by the public because of its sophistication in replacing the face of the original subject with the face of another subject in the form of a video or photo. This has been misused to create non-consensual pornographic content that has claimed many victims. Over time, this abuse has been facilitated by the spread of the Telegram conversation application. The abused content is then disseminated by the perpetrators on social media and traded. The research method used in this research is normative juridical research which aims to analyse existing regulations, as well as regulations needed to fill the legal vacuum. Moreover, in the case of crimes using AI, there is no specific regulation, so the vacuum has an impact on the lack of security and comfort for victims of deepfake porn. However, the ITE Law describes AI as electronic agents and electronic systems. Criminal law considers that AI is not a legal subject, so the responsibility for AI crimes is imposed on the users of AI technology itself, especially in the crime of deepfake porn.

Windy Riani Putri; Nyulistiowati Suryanti; Anita Afriana

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

This research aims to assess the legal considerations of the panel of judges in Decision Number 245/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst., particularly in recognizing the foreign court decision in the form of a moratorium ruling from the Singapore High Court and in determining the legal standing of the PKPU applicant in this case. This research employs a normative juridical method through a case study of Decision Number 245/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst based on Indonesian positive law. The data used consists of primary, secondary, and tertiary. Data analysis was conducted qualitatively by interpreting positive legal provisions, principles, and doctrines applicable in Indonesia to evaluate the panel of judges' considerations in this case. The research findings indicate that, first, the panel's recognition of the moratorium decision as grounds for rejecting the PKPU application contradicts Article 436 of the Reglement op de Rechtsvordering, which adheres to the territoriality principle. This recognition also conflicts with the principles of private international law adopted by Indonesia. Furthermore, the consideration regarding the absence of legal standing of the PKPU applicant due to the existence of the moratorium decision linked to choice of forum is inconsistent with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (KPKPU Law) as lex specialis that supersedes debt settlement provisions in other legislation. Second, the research demonstrates that in practice, legal standing is determined based on fulfillment of formal and material requirements as stipulated in Articles 222, 224, and 8(4) of the KPKPU Law, which were satisfied in this case.

Devita Candra

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

The digital transformation in Indonesia's land sector is marked by the implementation of electronic land certificates as regulated under Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 1 of 2021. This policy aims to enhance efficiency and legal certainty in land administration. However, its implementation raises questions regarding the legal strength of electronic certificates and the protection of third parties, particularly good faith purchasers. This study uses a normative juridical approach to analyze the legal standing of electronic land certificates and the legal protection mechanisms for third parties in land transactions. The findings show that although electronic certificates hold the same legal force as physical certificates, there are still challenges related to data integration and legal safeguards for third parties. Strengthening regulations and the role of notaries/land deed officials (PPAT) is necessary to ensure the validity and legitimacy of electronic certificates and to achieve optimal legal certainty.