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Winarto, Eko; Tanjung, Afriansyah

DINAMIKA HUKUM 2026 Universitas Stikubank

ABSTRACT Hospitals can be established by the Central Government, Regional Government, or the Community. Hospital management organized by the Government can apply the financial management pattern of BLU or BLUD. Hospital independence can be achieved through healthy business processes. The dual role of hospitals as public services and business entities. The commercial health sector is increasingly closely linked to the global health industry. Collaboration between BLU hospitals and private business entities is often manifested in KSO contracts. KSO contracts must contain legal principles (rechtbeginselen) which serve as basic norms and guidelines in the formation or creation of legal regulations. The principle of personality in KSO contracts is important to ensure the parties' performance is balanced. This study uses a normative or doctrinal legal research methodology by examining primary legal sources in the form of KSO contracts between BLU hospitals and private business entities, the Civil Code, and other material laws. A study was also conducted on secondary legal sources in the form of legal materials consisting of books or legal journals regarding legal principles, the views of legal doctrines, and the results of legal research. Keywords : Principle of Personality, Public Service Agency, Operational Cooperation Contract.

Yovita Eka wulandari; Shelvi Amalia Putri; Rizki Silvia; Iqbal Syarifudin; Firza Agung Prakoso

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This study aims to examine the responses and levels of understanding of eleventh-grade students at SMA Negeri 4 Pasuruan City regarding trademark disputes, particularly the “Geprek Bensu” case. The research employs a descriptive quantitative approach, with data collected through questionnaires distributed to students as respondents. The questionnaire was designed to describe students’ understanding of the concept of trademarks, the benefits of trademark registration, and their views on the causes of trademark disputes. The results indicate that most students are familiar with the “Geprek Bensu” case and understand trademarks as a business identity and a means of product differentiation. The majority of respondents are also aware that trademark registration provides legal protection and exclusive rights to the trademark owner. However, students’ understanding of trademark law remains varied, as some respondents still associate trademark ownership with popularity alone. In addition, students demonstrate a positive attitude toward the importance of intellectual property education from an early stage through formal education. These findings emphasize the need to strengthen Intellectual Property Rights literacy at the secondary school level in order to enhance legal awareness and prevent trademark disputes in the future.  

Saka Shofa'il Asroor

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Over the past 20 years, developments in digital technology have led to the emergence of financial innovation in the form of cryptocurrencies, with Bitcoin being the main pioneer. Bitcoin is a decentralized, blockchain-based electronic payment system that is not controlled by a single financial institution. Although its presence facilitates quick and straightforward cross-border transactions, it also raises ethical and legal issues, especially when taking into account Islamic law, which strongly emphasizes justice, certainty, and the welfare of society. This paper aims to investigate the usage of Bitcoin in modern economic transactions from the standpoint of Islamic and international law. This study investigates Islamic legal sources, the views of Islamic scholars, fatwas (religious decrees), and international laws and regulations pertaining to cryptocurrency assets using a qualitative, normative-empirical methodology. The results show that, although opinions among scholars differ, the usage of Bitcoin is subject to ijtihadiyah (Islamic ijtihad) in Islamic law. Some reject it because of its great volatility and speculative potential, while others allow it as long as it provides advantages and does not include riba, gharar, or maysir (the risks associated with gambling). In terms of international law, Bitcoin is typically seen as a digital asset that has to be closely watched in order to preserve economic stability and deter financial crime. Therefore, balanced legislation is required to guarantee that the usage of Bitcoin is in line with the principles of sharia maqasid and global economic fairness.

Triwanto Triwanto; Puspaningrum Puspaningrum; Dita Permata Sari

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The execution of mortgage rights on land is a crucial element in the property security legal system in Indonesia, which allows creditors to obtain debt repayment if the debtor defaults. However, the implementation of parate executie as a non-litigious mechanism based on Law Number 4 of 1996 concerning Mortgage Rights has sparked constitutional debates, particularly regarding the debtor's right to fair legal protection. This study analyzes the legal considerations of the Constitutional Court in Decision No. 10/PUU-XIX/2021, which rejected the constitutional review of the mortgage execution norms, and evaluates the legal execution procedures post-decision. Using the normative legal research method, this article examines the approach of contractual freedom, the principle of justice, and the protection of property rights in the context of creditor-debtor relationships. The study results show that the Court views parate executie as constitutionally valid, as long as it is carried out with the principles of transparency, proportionality, and the availability of legal recourse for the debtor. Therefore, legal protection within the mortgage system is not eliminated, but must be implemented through accountable and just practices. These findings provide an important normative basis for policymakers and economic actors in ensuring that the execution of guarantees runs effectively while still upholding the constitutional rights of the parties involved.

Miftahul Jannah; Nabila Putri Fauziyah

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

Land ownership in Indonesia has both philosophical and juridical dimensions closely linked to citizenship status. According to the Basic Agrarian Law (UUPA) of 1960, only Indonesian citizens are entitled to hold full ownership rights over land. This study aims to analyze the philosophical and juridical foundations of citizenship as a prerequisite for land ownership and its implications for social justice and national sovereignty. The research employs a normative legal method with statutory, conceptual, and philosophical approaches. Data are obtained through literature review of legislation, court decisions, and scholarly works, including Ahmad Muhammad Mustain Nasoha’s views on citizenship in the agrarian law context. The results indicate that restrictions on foreign land ownership are not merely administrative policies but a philosophical manifestation of the idea that land is essential to state sovereignty and public welfare. Juridically, this regulation reinforces the principles of nationality and distributive justice within Indonesia’s agrarian legal system. The study concludes that citizenship as a requirement for land ownership functions as a legal safeguard of the nation’s right to the land and a means to achieve social justice.  

Fath, Imam Nur Sidiq Al; Sajali, Munawir; Rohmah, Siti Ngainnur

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

Indonesia is a pluralistic country with diverse religions, races, ethnicities, and customs, making freedom of expression an essential right protected by law. Article 28E of the 1945 Constitution guarantees every citizen the right to freely express their beliefs and opinions. From the perspective of fiqh Siyasah Dusturiyah (Islamic constitutional politics), freedom of expression is a right that must be safeguarded by the state as long as it aligns with the principles of deliberation and does not contradict Islamic law. This study aims to examine the freedom of expression of Syaykh Al-Zaytun in light of Siyasah Dusturiyah and Article 28E of the 1945 Constitution. The research uses a normative juridical approach with primary data sources including the Constitution and the book Ilmu Hukum dalam Simpul Siyasah Dusturiyah by Ali Akhbar Abaib Mas Rabbani Lubis, as well as secondary sources such as books, journals, documents, and legal regulations. The findings indicate that Syaykh Al-Zaytun’s freedom of expression is permissible under both perspectives, provided certain conditions are met: it must comply with Islamic law and national law, uphold public interest, cause no harm, and be accompanied by social responsibility. Syaykh Panji Gumilang’s views should be understood as part of public discourse, not hate speech, as they aim to foster nationalism and the common good.  

Moh. Taufik; Sugiyanto Sugiyanto; Sanusi Sanusi; Kanti Rahayu

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

Poverty is a multidimensional issue that not only involves economic limitations but also reflects violations of fundamental human rights such as the right to food, health, education, decent employment, and socio-political participation. This study aims to analyze the legal innovations implemented by the Tegal Regency Government in formulating poverty alleviation policies based on budget efficiency. Using an empirical and philosophical approach, this research views law not only as an ideal set of norms but also as a dynamic social phenomenon within society. The findings reveal that legal innovation is manifested through the strengthening of juridical aspects in regional policies, the integration and synergy of four flagship poverty alleviation programs, and the implementation of the initiative “One Regional Apparatus, One Assisted Village,” which involves all elements of local government. In addition, active community participation and the utilization of corporate social responsibility (CSR) funds from regional and state-owned enterprises serve as crucial supporting factors in enhancing the sustainability and effectiveness of poverty alleviation programs in Tegal Regency.

Novenia Cecilia Nadeak; Nayla Hasana

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

Forced marriage of children as debt repayment is an exploitative practice that violates human rights principles and child protection as stipulated in the 1945 Constitution, the Child Protection Law, and the Sexual Violence Criminal Law. This study uses a normative juridical method with a legislative and conceptual approach to examine legal views on the position of children in debt repayment, the relationship between unregistered marriages and forced marriage, and the forms of legal protection that can be provided to victims. The results of the analysis show that children cannot be used as objects of debt repayment because they are not included in the category of property according to the Civil Code, while the practice of unregistered marriage, which is often used as a shortcut, is not recognized by positive law. Forced marriage of children is classified as a form of economic and sexual exploitation that is subject to criminal sanctions. Therefore, it is necessary to limit the grounds for marriage dispensation, prohibit unregistered marriages for minors, and strengthen the implementation of regulations and public awareness campaigns to ensure the protection of children's rights and prevent similar practices in the future.

Amalia Putri Astuti; Monica Margaret

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

This study examines the primary motivations of authors in creating erotic slash fanfiction using Thai boys-in-love actors on the app X. Adopting a qualitative approach with in-depth interviews and thematic analysis, and interpreted through the lens of Symbolic Interactionism Theory and Labeling Theory, this study highlights how authors understand and interact with this phenomenon. The findings indicate that authors perceive their work as a form of self-expression, art, and entertainment, despite being aware of the potential for labeling as pornography or violating legal norms. Their primary motivation stems from the fulfillment of personal imagination and self-satisfaction, which is significantly strengthened by the validation and support of a supportive online community. This community also plays a crucial role in shaping unwritten norms and providing psychological buffers against potential external negative views. Authors demonstrate various strategic responses, including the use of disclaimers and a realistic acceptance of societal perceptions. The implications of this study emphasize the importance of a nuanced understanding of online subcultural practices, fostering digital literacy, and suggesting a wise and adaptive approach to content regulation in the digital age. This study also provides insights into how authors of erotic fanfiction on online platforms like X interact with popular cultural values and gender identity. The authors in this study are not only connected to their communities but also engaged in a broader process of identity construction through the characters they create. The Thai boy-love actor, a frequent inspiration in their work, serves as a symbol that reinforces the representation of non-heteronormative relationships, providing space for a more free and inclusive exploration of sexual identity.

Rohim Rohim; Ahmad Hidayat; Aspandi Aspandi

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

Basically, In order to have a lasting, contented, and successful family, a man and a woman must physically and spiritually join via marriage. This marriage contract gives both parties the right to enjoy a relationship in accordance with the Shari'a. This study aims to reveal and compare the views of scholars from various schools of thought (Hanafiyah, Malikiah, Syafi ivah, and Hanabilah) regarding temporary marriage, namely “Nikah Mutah,” which is viewed from the legal arguments of each scholar. The descriptive technique was used in this study. which describes the thoughts of previous scholars regarding mut'ah marriage and the legal basis they used. The study's findings indicate that the ulama agree to prohibit mutah marriages absolutely, based on several propositions and the Qur'an, such as surah An-Nisa (4) 24. Al-Mu'minun (23): 5-7, and At- Thalaq (65) 1, as well as various hadiths. The consensus of scholars also supports the prohibition of mut'ah marriage. On the other hand, the Svi'ah view regarding mut'ah marriage is that this marriage is permitted, referring to QS An-Nisa (4): 24, which is considered to be related to temporary marriage. This mut'ah marriage allowed during the period the beginning of Islamic history, and some narrations from Shiite sources indicate that the law on mut'ah marriage was never canceled by the Koran or the Prophet Muhammad SAW. According to Shiite scholars, the prohibition on mut'ah marriage occurred during the time of Caliph Umar bin Khattab, which they consider as an ijtihad.

Emmy Evelina Marpaung

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

This study examines the application of material criminal law and the judge's legal considerations in two corruption cases: Central Jakarta District Court Decisions No. 3/Pid.Sus-TPK/2025/PN Jkt.Pst. and No. 21/Pid.Sus-TPK/2025/PN Jkt.Pst. Conducted within the jurisdiction of the Supreme Court of the Republic of Indonesia, the research uses literature review methods, including laws, court decisions, and related legal literature. The study adopts a descriptive approach to analyze and present findings. Results indicate differing views between the public prosecutor and the panel of judges. The Public Prosecutor believes the defendant is proven guilty under Article 2(1) of Law No. 31/1999 on the Eradication of Corruption (amended by Law No. 20/2001), in conjunction with Article 55(1) of the Criminal Code, Law No. 46/2009 on the Corruption Court, and Law No. 8/1981 on Criminal Procedure. However, a dissenting opinion emerged among the judges. One judge disagreed with the majority, arguing that Judex Facti incorrectly applied the law. The judge emphasized that in cases with alternative charges, the court must evaluate all charges collectively rather than selectively, as in subsidiary charges. Therefore, the judge believed that the charge meeting the legal elements revealed in court should be selected based on comprehensive evaluation. This dissent highlights the legal complexity and interpretive challenges in corruption trials under Indonesian law.

Heri Siswan; Budi Sastra Panjaitan; Arifuddin Muda Harahap

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

Domestic violence (KDRT) is a form of human rights violation that occurs in the domestic space and has a wide impact on the integrity of the family. The reform of the criminal law through Law No. 1 of 2023 concerning the Criminal Code marks a more serious recognition of domestic violence as a criminal act. This article aims to examine the update of the criminal rules against domestic violence perpetrators in the new Criminal Code and examine it from the perspective of Islamic law. Using a normative juridical approach and comparative analysis, this study found that the new Criminal Code has adopted a more progressive approach to victim protection, including in criminal arrangements against perpetrators. On the other hand, Islamic law views domestic violence as a violation of the principles of justice, compassion, and moral responsibility in the family. Criminalization in Islam is preventive and corrective, and emphasizes a just solution, not merely repressive. Therefore, the reform of the national criminal law needs to be harmonized with Islamic values, in order to establish a penal system that is not only legally just, but also ethically and socially.

Dyah Erlina Sulistyaningrum; Suryadi Suryadi; Husin Husin

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

The obligation to seek knowledge holds a central position in Islamic law, grounded in strong normative and theological principles. Islam classifies the pursuit of knowledge as fardhu ‘ain (an individual duty) for essential religious and worldly knowledge, and fardhu kifayah (a collective duty) for broader societal needs. This article explores the legal foundations of this obligation in Islamic jurisprudence and examines its relevance in the context of contemporary education. Using a normative-juridical method, this study analyzes primary Islamic sources such as the Qur’an, Hadith, and the views of classical and modern scholars. The findings show that Islam does not treat knowledge merely as a tool for personal development, but as a moral and spiritual responsibility. In modern educational systems, these values remain highly relevant, particularly in addressing ethical decline and the loss of purpose in learning. This article recommends the integration of Islamic legal perspectives on knowledge into educational curricula to help restore the spiritual and moral aims

Tessa Trineni; Intan Maulida Nuripma

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

The purpose of this article is to examine normatively how a person's liability for copyright infringement on portraits made in the framework of freedom of expression, namely writing stories, which means that it will methodologically question whether the existing liability by the author of Alternative Universe is in accordance with what is envisioned by the Copyright Law. The research methodology for the preparation of this article is through the type of normative research that views the law as a set of norms, one of which is a court decision. Through a statutory approach, the article is prepared with literature study data collection techniques and analyzes with a qualitative nature. This article concludes that the unauthorized use of portraits of public figures in commercial alternate universe (AU) fanfiction violates copyright, portrait rights, and moral rights, which can lead to both criminal and civil liability for the author, publisher, or production house. Although the publisher or producer is primarily responsible, the author can still be held liable for bad faith in using the work without permission. Therefore, creative industry players must understand and comply with legal provisions to avoid violations and the accompanying sanctions.

Sawaluddin Siregar; Indra Sakti; Uswatun Hasanah

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is a sacred bond that is carried out by a woman and a man to become husband and wife. Basically every religion has its own proisions regarding marriage. In practice, especially in Indonesia, there are still many who practice interfaith marriages so that this practice has become a discussion that until now and in practice there are also many Muslims who still carry out interfaith marriages. This study aims to examine how the Islamic Law Compilation and Human Rights views the practice of interfaith marriage. The results of this study indicate that both according to the Islamic Law Compilation (KHI) and Human Rights (HAM) state that interfaith marriage is an act that is forbidden because it has violated God’s commands, every religion forbids its people to marry people of different religions. The prohibition on interfaith marriage has also been enshrined in the Marriage Law and also the Islamic Law Compilation, so that every citizen is obliged to follow the applicable legal rules. In human rights, the highest human right is divinity so that every people must obey God’s commands.  

Annisa Dea; Abdul Rahman Maulana Siregar

Jurnal Hukum, Administrasi Publik dan Negara 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

In the word legal theory is a foundation, opinion, understanding related to reality by describing the hypotheses studied. Theory provides an explanatory understanding by organizing the problems being faced, the purpose of methodological deepening in the background in order to obtain better and broader knowledge to solve related issues. In the world of health, theory is very necessary before carrying out field practice that directly involves dealing directly with patients to provide good health services. The application of legal theory in the world of health provides an understanding in studying the law that is clearer about legal materials and systematic views on legal statements. In this case, it is also inseparable from legal theory in medical practice, because in providing health services, doctors in the profession know their rights and obligations.

Ismaidar Ismaidar; Tamaulina Br. Sembiring; Raja Arsyadil Fiqry Siregar

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

The Republic of Indonesia is a constitutional state, as specified in Article 1, Paragraph (3) of the 1945 Constitution. As a nation that upholds the rule of law as the highest authority in its governmental system, the existence of the Judiciary plays a central role as an absolute requirement for upholding the supremacy of law to ensure justice. According to the provisions of Article 24, Paragraph (2), the Supreme Court and the Constitutional Court are institutions with the highest authority in enforcing law and justice in accordance with the mandate of the Constitution. The 2024 Indonesian Presidential and Vice-Presidential Election, also known as the 2024 Presidential Election, is the fifth such election in Indonesia to choose the President and Vice President of the Republic of Indonesia. The results of this election triggered various reactions from different groups. Criticism of the results, particularly from opposing candidates, was not uncommon. This debate occurred not only among political elites but also within the broader community. The purpose of this study is to examine the factors influencing the Constitutional Court's decision regarding the results of the 2024 Presidential Election and its impact on Indonesia's political and legal systems. This research employs a normative juridical legal approach, using library research as the primary data source. The study reveals that in resolving disputes over the 2024 Presidential Election results, the Constitutional Court considered valid and relevant evidence, despite dissenting opinions from some judges. The decision's impact-both in terms of the winner's legitimacy and public perception-can either enhance or deteriorate public views on the quality of Indonesia's democracy. This research is expected to provide deeper insights into the role of the Constitutional Court in safeguarding electoral integrity, addressing political controversies, and its implications for Indonesia's future political system.

Taufik Taufik; Akbarizan Akbarizan; Hidayatullah Ismail

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

There are two types of marriage guardians: first, nasab guardians, namely guardians whose guardianship rights are based on blood relations. Such as, his biological parents, or also wali aqrab and ab'ad (closest or distant relatives). Second, the wali hakim is a guardian whose guardianship rights arise because the bride's parents refuse (adhal) or are absent, or for other reasons that physically exist but the guardianship rights do not exist. The emergence of the Itsbat Nikah provision is also related to the issue of the status of marriage registration. There are two views on the issue of the status of marriage registration, the first view states that marriage registration is only an administrative requirement, not a condition for the validity of a marriage, so marriage registration is only a process of obtaining evidence that a marriage has been carried out by someone, while the second view states that marriage registration is a valid condition for marriage. In this discussion, the author focuses on the consideration of judges who grant itsbat nikah cases where the previous marriage was held using an unofficial guardian or not the KUA head. This is not in accordance with article 23 of the Compilation of Islamic Law “(1) The new guardian judge can act as a marriage guardian if the nasab guardian is absent or impossible to present or his residence is unknown or absent or adlal or reluctant”. The Applicant's marriage guardian in the marriage contract was another person (a local community leader named Selan) due to the Applicant's non-Muslim biological father. The judge considered it as follows:  that a kiyai, cleric or community leader who acts as a marriage guardian in Islamic law is known as wali muhakkam, namely someone who is appointed by the prospective husband and wife to act as a guardian in their marriage.    

Abdul Malik Mufty

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Sentencing must take into account juridical and sociological aspects to provide a deterrent effect and benefit society. In Law no. 1 of 2023, the death penalty is regulated as a last resort for serious crimes, in accordance with human rights principles and Islamic legal views. This research uses a normative method with a statutory approach to examine the death penalty in Law no. 1 of 2023 and compare it with Islamic law. The death penalty in Law no. 1 of 2023 is regulated in Articles 64 and 67, no longer as a basic crime but as a last alternative for extraordinary crimes that threaten life, with stricter implementation because it refers to the ratification of the ICCPR. In Islamic law, the death penalty applies to murder, adultery (for married perpetrators), armed robbery and rebellion, with the principle of qishash as the main basis.

Adiatma Nugroho; Handar Subhandi Bakhtiar

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

Scientific evidence has become an important element in modern criminal justice, especially in complex cases such as Raden Adante, where alibis are used as the main defense strategy to undermine forensic evidence. In this case, scientific methods such as DNA analysis, digital traces, and toxicology examination succeeded in breaking the defendant's alibi. This research examines how scientific evidence can overcome the challenges of alibi strategies which are often used to confuse the investigative process. This study shows that accurate and standardized forensic evidence is able to objectively confirm the presence of the defendant at the scene of the crime, thereby strengthening fair and effective law enforcement efforts. The research uses a juridical-normative approach with qualitative analysis, examining regulations, legal doctrine, and expert views to assess the role of scientific evidence in dealing with alibi defenses.