JURNAL PENELITIAN SERAMBI HUKUM

Implementasi Perlindungan Hukum Upah Pekerja/Buruh Kontrak Oleh Dinas Ketenagakerjaan, Perindustrian Dan Perdagangan Di Kabupaten Batu Bara

Mangaraja Manurung — 2025-05-22

Legal protection aims to guarantee workers' rights, particularly for contract workers, regarding fair wages that should be ensured by law, including the latest regulations governing the mechanisms and procedures for employment relationships with contract workers, namely Law No. 6 of 2023 and Government Regulation No. 35 of 2021. The issue at hand is that many companies continue to neglect the rights of contract workers, with instances of discrimination occurring in various industrial sectors. Based on the research conducted, this study employs an empirical legal method by collecting primary and secondary data to analyze legal protection for contract workers in Batu Bara Regency. The findings indicate that the Batu Bara Regency Manpower Office has made maximum efforts to provide legal protection and uphold the rights of contract workers through non-litigation mechanisms. Data shows an increase in the minimum wage in North Sumatra, from IDR 2,809,915 (2024) to IDR 2,992,559 (2025), and in Batu Bara Regency from IDR 3,451,671 to IDR 3,676,000. Among 17 companies in Batu Bara Regency, there are 2,031 contract workers, with 63 cases of labor rights disputes and employment termination between 2019 and 2023 that have been resolved through mediation or negotiation. The challenges in the field indicate that, in practice, the protection of wage rights for contract workers in Batu Bara Regency has been implemented by the Manpower Office in accordance with national, provincial, and regency-level policies to ensure a decent livelihood for contract workers through supervision, preventive, and repressive measures. However, the neglect of workers' rights by certain companies remains a critical issue in guaranteeing contract workers' legal protection.

Pembuktian Tindak Pidana Mineral dan Batubara Dalam Putusan Bebas Ditinjau Dari Undang-Undang Nomor 8 Tahun 1981 tentang Hukum Acara Pidana (Studi Putusan Nomor 57/Pid.Sus/2023/PN Kba)

Putri Wahyuni — 2025-05-22

This research aims to find out and analyze the evidentiary system in Indonesia in terms of Law Number 8 of 1981 concerning criminal procedure based on the theory of evidence in mineral and coal crimes, and to know and analyze the evidentiary system in Indonesia viewed from theory of evidence in mineral and coal crimes, and to know and analyze the basis for the judge's consideration of the acquittal verdict. Analyze the basis of the judge's consideration of the acquittal decision. Type of research uses juridical-normative legal research, with qualitative analysis of legal materials. Analysis of legal materials qualitatively. The types and sources of legal materials in the research consist of the following types primary legal materials, secondary legal materials, and primary legal materials. Technique The technique of collecting legal materials is by library study techniques, obtained from secondary legal materials through the collection of legal materials and investigation of legal materials in the literature. Legal materials in the literature. The results of this study analyze the tool evidence on the theory of evidence and identify the advantages and disadvantages of the negative theory of evidence. theory of proof negatively. Understanding the judge's decision in making an acquittal verdict through a theoretical approach approach with the suitability of valid evidence and the judge's belief.

Tindak Pidana Penistaan Agama Oleh Lina Mukherjee Ditinjau Dari Asas Kepastian Hukum Studi Putusan Nomor : 726/Pid.Sus/2023/PN Plg

Faizah Zakiyyah — 2025-05-22

This research discusses the criminal offense of religious blasphemy committed by Lina Lutfiawati (Lina Mukherjee), as regulated under Article 28 paragraph (2) in conjunction with Article 45A paragraph (2) of Law Number 19 of 2016 concerning Electronic Information and Transactions (ITE Law). The primary focus of this study is to analyze the judge's decision in Case Number: 726/Pid.Sus/2023/PN Plg through the lens of the legal certainty principle. In this case, the defendant was sentenced to 2 years in prison and fined IDR 250,000,000, or an additional 3 months of imprisonment, for uploading a video in which she recited the basmalah while eating pork—an act considered offensive to Islam. This research adopts a normative juridical approach using qualitative data analysis techniques. The findings show that although the defendant’s actions were perceived to violate religious norms, the severity of the sentence appears to overlook the principles of justice and proportionality. The verdict is considered excessive and does not reflect balanced legal protection, particularly for the defendant, who is also entitled to legal certainty as a citizen. In the context of legal certainty, the decision raises concerns due to the subjective and ambiguous interpretation of the element “inciting hatred.”

Penegakan Hukum Tindak Pidana Penyalahgunaan Niaga Liquefied Petroleum Gas (Lpg) di Bangka Belitung Dalam Tahapan Penyidikan

Ade Riatati — 2025-05-22

The crime of misuse of Liquefied Petroleum Gas (LPG) is a serious problem in Indonesia, including in Bangka Belitung, which harms the state and society. This research aims to analyse law enforcement in the investigation of the crime and identify the factors that influence it. The research method used is empirical juridical with a case approach. The results show that law enforcement in the investigation stage has run well through systematic procedures, including arrest, search, seizure, and detention. Preventive efforts are also made through coordination with related parties. Supporting factors include the professionalism of investigators, coordination of related agencies, community support, and clear regulations, while the main inhibiting factor is the constraints on the storage of LPG evidence.

Kebijakan Non Penal Terhadap Tindak Pidana Perjudian Online Yang Dilakukan Oleh Anak Dibawah Umur di Kecamatan Sungailiat Kabupaten Bangka

Della Puspitasari — 2025-05-22

Sungailiat District is an area with children as the biggest potential perpetrators in Bangka Regency in criminal acts, especially online gambling. So that efforts are needed that are considered appropriate and strategic to tackle the criminal act of online gambling by children, namely through non-punitive policies as an effort to prevent, control and deter before criminal acts occur. This study aims to determine the implementation of non-penal policies against online gambling crimes by minors and describe the obstacles and solutions in the implementation of non-penal policies against online gambling crimes committed by minors in Sungailiat District, Bangka Regency. This research uses empirical juridical method with legal identification approach. The results showed that non-punitive policies against online gambling crimes committed by children in Sungailiat District, Bangka Regency have been implemented in several forms, namely socialization / legal counseling, and x-banners and for the community in the form of cyber patrols, digital posters and radio broadcasts about the dangers of online gambling practices by several agencies, namely the Bangka Resort Police, Sungailiat Sector Police and Bangka District Attorney's Office. The obstacles and solutions are HR/APH overcome by cooperating with other parties, legal substance overcome by coordinating with the authorities and reporting to the Police Headquarters, Children / Community can be overcome by giving regular appeals, Culture is not responsive quickly overcome by self-evaluation and conducting socialization / counseling simply / just an appeal and Infrastructure facilities overcome by prioritizing dominating problems.

Implementasi Pasal 50 Undang–Undang Nomor 22 Tahun 2022 Tentang Pemasyarakatan Dalam Pembinaan Anak Sebagai Pelaku Tindak Pidana (Studi Kasus Di Lembaga Pembinaan Khusus Anak Kelas II Pangkalpinang)

Famelinda Carera — 2025-05-22

Article 50 of Law Number 22 of 2022 concerning Corrections (UU Pemasyarakatan) explains that Fostered Children are given guidance in the form of formal, non-formal, and informal education, personality development, like mental and spiritual, and independence development, namely skills. The purpose of this study is to analyze the implementation of Article 50 of the Correctional Law and the inhibiting factors in its implementation. The type of research used in this study is empirical juridical, the approach used is sociological juridical. The results of this study show that the implementation of the child development program at Youth Correctional Center also known as LPKA Class II Pangkalpinang is carried out by Article 50 of the Correctional Law. The guidance provided is such as educational programs, namely non-formal education, such as Packages A, B, and C, mental coaching is carried out by presenting psychologists from the Indonesian Psychological Association, and spiritual coaching is given through spiritual activities by bringing in various institutions, one of which is the Ministry of Religion of Pangkalpinang (Kementrian Agama) and skill development in collaboration with Job Training Center (BLK), as well as from 5 factors that affect the success of legal implementation according to Soerjono Soekanto One of the inhibiting factors is infrastructure. Facilities and infrastructure factors are the main inhibiting factors in the successful implementation of Article 50. Four of them have been implemented well, and although they have their challenges, the obstacles caused are not too big and can still be overcome with various efforts made by the LPKA.

Pemenuhan Hak Pendidikan Bagi Anak Sebagai Warga Binaan Pemasyarakatan Di Lembaga Pembinaan Khusus Anak Kelas II Pangkalpinang

Syahfa Rizi Rasta Buana — 2025-05-22

The regulation of the right to education for citizens has been included in the constitution, which is a form of guarantee of legal certainty and state recognition of the right to education for citizens. This study aims to review the extent to which regulations related to the right to education for fostered children have been implemented in LPKA Pangkalpinang to ensure that human rights can be fulfilled optimally. The type of research used is empirical juridical, through a sociological juridical approach. The results of the research, The fulfillment of the right to education at LPKA Class II Pangkalpinang has been implemented quite well even though the formal education program still cannot be fulfilled because there is no school that can be used as a parent, the absence of formal education shows that there is a gap in the fulfillment of the right to education as mandated by NRI Law Number 22 of 2022 Article 50, that the right to education of fostered children includes three types, namely formal, non-formal, and informal education. Instead, LPKA Class II Pangkalpinang provides non-formal education programs Package A, B, and C in collaboration with SKB. This package school is scheduled on Tuesdays, Wednesdays and Thursdays. In addition to intellectual education, the fostered children are given informal education in the form of religious education and independence. In order for the education program at LPKA to be more effective, efforts are needed such as improving the quality of teaching, both from educators and methods, as well as the duration of learning.

Efektivitas Peraturan Daerah Kota Pangkalpinang Nomor 7 Tahun 2019 tentang Penyelenggaraan Ketertiban Umum dan Ketentraman Masyarakat (Studi Kasus Terhadap Penertiban Pedagang Kaki Lima)

Yulika Putri Santoso — 2025-05-22

Street vendors are individuals engaged in trading activities using movable or immovable means, utilizing city infrastructure, social facilities, public facilities, and land or buildings owned by the government or private entities that are temporary or non-permanent. The activities of street vendors disrupt public order and cause traffic congestion. This study aims to analyze the effectiveness of the Pangkalpinang City Regional Regulation No. 7 of 2019 concerning the Organization of Public Order and Community Tranquility, specifically related to the regulation of street vendors. The background of this research focuses on the increasing number of street vendors operating in public spaces, such as sidewalks and roadways, which disrupts the order and comfort of the community. The research method used is a juridical-empirical approach with legal and case studies, involving interviews and field observations. The results indicate that although the regulation has been established, its implementation still faces various challenges, such as a lack of public knowledge about the regulations, limited trading locations, and a culture of tolerance towards the presence of street vendors. Law enforcement by the Civil Service Police Unit (Satpol PP) is also deemed ineffective, given the numerous violations occurring. This study recommends the need for better socialization regarding the regulations, as well as the establishment of designated zones for street vendors to operate without disrupting public order. Thus, it is hoped that this regulation can be more effective in creating order and tranquility in the community of Pangkalpinang City.

Analisis Yuridis Tindak Pidana Kekerasan Dalam Rumah Tangga Dalam Perkawinan Dibawah Tangan Ditinjau Dari Undang-Undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga

Dita Aulia — 2025-05-22

Domestic violence in an under-aged marriage is a criminal offense that is not clearly regulated in positive law, resulting in unfulfilled legal protection for the community. The purpose of this study is to determine and analyze how the criminal conviction of perpetrators of domestic violence in an underhanded marriage is reviewed from Law Number23 of 2004 concerning the Elimination of Domestic Violence and to determine and analyze the legal interpretation in the criminal conviction of perpetrators of domestic violence in an underhanded marriage in terms of Law Number 23 of 2004 concerning the Elimination of Domestic Violence. The type of research used is normative research, with a conceptual approach and statutory approach to data collection techniques through literature study with qualitative analysis techniques. The results of this study indicate that criminal convictions in cases of domestic violence in underhanded marriages can be charged using Law Number 23 of 2004 concerning the Elimination of Domestic Violence due to the systematic interpretation of Law Number 1 of 1974 concerning Marriage that underhanded marriage is a legal marriage. So that domestic violence in an under-aged marriage can be charged using Law Number 23/2004 on the Elimination of Domestic Violence.

Peran dan Wewenang Pengadilan Tata Usaha Negara Dalam Penyelesaian Sengketa Kepegawaian (Aparatur Sipil Negara)

Rosyad Syahidin — 2025-05-22

Global developments have impacted the work patterns of State Civil Apparatus (ASN) in Indonesia, thus creating a need for legal protection of ASN rights through labor dispute resolution mechanisms. This study aims to examine the role and authority of the State Administrative Court (PTUN) in resolving labor disputes. Using a normative legal approach and qualitative research methods, this study shows that the PTUN functions as a judicial institution that provides legal protection for special, individual, and final state administrative decisions. However, there are still several practical obstacles, such as overlapping authority with other state administrative institutions, limited understanding of ASN regarding legal procedures, and low compliance with PTUN decisions. To increase the effectiveness of the PTUN in providing justice for ASN, regulatory harmonization, strengthening institutional capacity, and progressive legal interpretation are needed.

Penegakan Hukum Terhadap Pemasangan Reklame Tidak Sah di Kota Pangkalpinang Berdasarkan Peraturan Daerah Kota Pangkalpinang Nomor 16 Tahun 2012 tentang Penyelenggaraan Reklame

Anggriyani HTPA — 2025-05-22

Law enforcement is the entire process and efforts carried out by authorized officers or institutions to ensure that applicable laws are truly obeyed and implemented fairly, consistently, and firmly. The act of installing unauthorized advertisements that violate the laws and regulations in force in a region can be said to be a criminal act, because it can be qualified as an unlawful act that results in material losses for the local government, endangers public safety, and damages the aesthetics of the city, and is carried out by individuals or business entities. This study aims to determine how law enforcement is carried out against the installation of unauthorized advertisements in Pangkalpinang City based on Pangkalpinang City Regional Regulation Number 16 of 2012 concerning Advertising Implementation and to determine what inhibiting factors are faced in law enforcement against the installation of unauthorized advertisements in Pangkalpinang City. The type of research used by the author in this study is Juridical-Empirical research, with the Legal Identification approach method. The results of the research that has been carried out, the enforcement efforts carried out are preventive efforts such as issuing warning letters and sealing and repressive efforts in the form of dismantling illegal advertisements which are considered less optimal in providing a deterrent effect for perpetrators of installing illegal advertisements, considering that the number of illegal advertisements that are installed does not differ much each month and in the regulation itself there are other repressive efforts such as imprisonment and fines.

Analisis Yuridis Tentang Tindak Pidana Menyatakan Diri Mempunyai Kekuatan Gaib

Raka Indra Pratama — 2025-05-27

The problem in this study is regarding the legal understanding of the crime of declaring oneself as having supernatural powers. This study aims to determine and analyze the legal provisions regarding the crime of declaring oneself as having supernatural powers, along with the intent and purpose of the legal provisions being made. The type of research uses normative legal research, by analyzing Article 252 of Law Number 1 of 2023 concerning the Criminal Code. The results of the study reveal that the crime of declaring oneself as having supernatural powers is a crime that does not need to be proven whether supernatural powers are real or exist or not but is focused on the act of declaring oneself as having supernatural powers, the supernatural act is intended to cause illness or suffering, with the threat of imprisonment or a fine. The intent and purpose of this article are to overcome the act of taking the law into one's own hands by the community, especially to avoid persecution carried out against someone who opens a black magic or shamanism practice.

Studi Perbandingan Regulasi Tindak Pidana Memperdagangkan Produk Yang Tidak Sesuai Dengan Informasi Komposisi Ditinjau Dari Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen dan Undang-Undang No 7 Tahun 2014 tentang Perdagangan

Najwa Jasmine Kirana — 2025-05-27

Products that do not match the composition information, is a product that is in the product label that is not in accordance with the content of the content that should be, for example the data manipulation and / or information. The purpose of this study to analyze and know the right criminal law and accurating the right criminal sanctions in the case of trading products that do not match the composition information. The research method used is normative juridical research, while the approach used is the approach of legislation. The results of this study show that each rule of regulation of criminal acts has their weaknesses and excess, so that the ratio of law between the two. So the basis of legal certainty of the principle of legality, the right criminal law in the object of this research is the trade law in Article 108. And in accordance with the right criminal sanction in this case by using the legal comparison between consumer protection laws with trade laws. So the right criminal sanction to be given in deeds of trading products that do not match the composition information of trade law in Article 108. The conclusion is from the object of this research the proper criminal law with the two rules of regulation of the criminal actions reinforced by the Concursus idealist theory in the Criminal Code of Article 63 paragraph (2) of the trade law, and so do the criminal law in the object of the research.

Efektivitas Klausul Kontrak pada Hubungan Bisnis antara UMKM dan Mitra Usaha di Indonesia

Heru Wardoyo — 2025-06-03

This study analyzes how effectively contract clauses in business relationships between MSMEs and their partners ensure fair legal protection for MSMEs. It also identifies factors behind MSMEs’ weak bargaining position in partnership agreements and evaluates the role and adequacy of regulations in addressing legal imbalances to promote contractual justice and balanced relations. Using a normative juridical approach with qualitative analysis of MSME contract regulations, the research assesses fairness, balance, and legal protection in partnership practices. Findings reveal most MSMEs lack understanding of contract clauses and face weak bargaining power against larger partners. This imbalance worsens due to insufficient legal protection and enforcement. Current regulations remain largely normative and fail to effectively oversee partnership practices. The study recommends legal training and support for MSMEs, alongside policy reforms that ensure contractual fairness, including standardized agreements, independent monitoring, and strict sanctions against dominant large businesses abusing their position.

Perlindungan Hukum Pidana Atas Hak Pekerja Di PT. Medisafe Technologies (Studi di Dinas Ketenagakerjaan Kabupaten Deli Serdang)

Guntur Pangaribuan — 2025-06-04

One of the backgrounds to the birth of Law Number 13 of 2003 concerning Manpower is because several laws and regulations that have been in effect so far have placed workers in a less advantageous position in the service of manpower placement and the industrial relations system that emphasizes differences in position and interests so that they are considered no longer in accordance with current needs and future demands. The birth of Law Number 13 of 2003 concerning Manpower is expected to: Uphold the issue of protection and guarantees for workers; Implement various international instruments on ratified labor rights; As a member of the United Nations (UN) uphold and implement the Universal Declaration of Human Rights (HAM). Legal protection has been regulated in: The Preamble to the 1945 Constitution, namely based on Pancasila; The 1945 Constitution, namely Article 27 paragraph 2, Article 28 D paragraph 1, paragraph 2, Article 33 of Law Number 13 of 2003 concerning Manpower, and other regulations. Legally, the position of workers is free and balanced, but in practice it is often in an unbalanced state, causing problems. To overcome this, a solution is needed so that it can be accepted by all parties, is felt to be beneficial, has legal certainty and provides protection for all parties.

Pemberian Ganti Rugi Lahan Masyarakat dalam Pengelolaan Tambang di Kabupaten Kolaka

Mega Agusmawati — 2025-06-11

This research aims to find out the legal consequences of the provision of land compensation by the company PT. Ceria Nugraha Indotama (PT. CNI) to the community that is not in accordance with the agreement and to find out the form of legal remedies carried out by the people of Wollo Village, Wollo District, Kolaka Regency against the provision of land compensation to the community that is not in accordance with the agreement. The research method used is Empirical research. The results of this study show that, (1) The legal consequences of the provision of land compensation by the company PT. Ceria Nugraha Indotama (PT. CNI) to the community that is not in accordance with the agreement is an act of default against the community holding land rights in Wollo Village, Wollo District, Kolaka Regency, because the company does not fulfill its obligations in the agreement made orally with the community regarding the nominal amount of compensation for land acquisition, so as to cause material and immaterial losses and (2) legal remedies that can be carried out by the Village community Wolo, Wollo District, Kolaka Regency against the provision of land compensation to the community that is not in accordance with the non-litigation route, namely the negotiation method with a mechanism as stipulated in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution.

Peran Teknologi Digital Dalam Pemilihan Umum Demi Mewujudkan Pemilihan Umum Berintegritas

Taufiq Yuli Purnama — 2025-06-11

The purpose of this research is to provide an increase in the use of technology, especially digital technology, in the implementation of elections in a democratic country like Indonesia. The 2024 General Election faces various challenges that arise, so there is a need for digitalisation in democracy that will simplify the process of implementing General Elections in the future. The utilisation of digital technology, especially social media, is key in the implementation of future General Elections to simplify the election process as well as a channel of communication and information to the public or voters. This research uses normative legal research methods conducted by examining library materials with primary legal sources in the form of Law Number 7 of 2017 concerning General Elections, Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions, General Election Commission Regulation Number 15 of 2023 concerning General Election Campaigns, and secondary legal sources in the form of books, journals and other literature. As a result of the research, it is known that the application of digital technology is expected to increase voter participation and the quality of democracy in Indonesia, reduce fraud, create more transparent, accountable, sustainable elections, and reduce problems that arise during General Elections. On the other hand, improving the skills of election organisers is also needed to improve professionalism and prevent mistakes.

Independensi Peradilan: Studi Kritis Terhadap Hakim Pengadilan Negeri Surabaya Yang Memberikan Putusan Dalam Kasus Ronald Tannur

M. Surya Haikal — 2025-06-22

As a state governed by the rule of law, Indonesia requires an independent judiciary capable of upholding justice objectively and free from external influence. However, the Ronald Tannur case exposes significant shortcomings in the implementation of judicial independence, marked by allegations of bribery and external pressures on the presiding judge. This study critically examines the extent to which judicial independence was maintained in the handling of the case and evaluates its implications for public trust in the legal system. Using a normative juridical approach, the research analyzed several legal frameworks, including Law No. 48 of 2009 on Judicial Power, Law No. 49 of 2009 (Second Amendment to Law No. 2 of 1986 on General Courts), the 2009 Joint Decree of the Supreme Court and the Judicial Commission on the Code of Ethics for Judges, as well as court decisions: Surabaya District Court Decision No. 454/Pid.B/2024/PN.Sby and Supreme Court Cassation Decision No. 1466 K/Pid/2024. The findings indicate that judicial independence in this case was undermined by suspected corruption, socio-political pressure, and inadequate institutional oversight. The initial acquittal at the district court levellater overturned by the Supreme Courtreflects a breach of judicial integrity and fundamental justice. This case underscores the urgent need for stronger judicial oversight mechanisms, ethical reforms, and a firm commitment to the separation of powers in order to uphold the rule of law transparently and equitably. Ultimately, the Ronald Tannur case serves as a crucial turning point in efforts to restore public confidence and reform the Indonesian judicial system.

Strategi Mempertahankan Suara Dalam Pemilihan Umum Anggota DPRD: Studi DPC Partai Gerindra Kota Semarang

Dyah Ayu Sulistyarini — 2025-06-24

One One of the functions of political parties is to carry out political recruitment in the process of filling political positions through democratic mechanisms by paying attention to gender equality and justice, especially in the Gerindra Party to sit in the Semarang City Regional People's Representative Council. The purpose of the study was to determine and analyze the Gerindra Party's strategy in maintaining votes in the 2024 Regional People's Representative Council member election in Semarang City. The problem approach method used is sociological juridical. The results of the study are that the strategy to maintain it, with 4 capitals, namely: 1). Economic: member and administrator contributions, donations, assistance from the Semarang City Government, monthly contributions from members of the Regional People's Representative Council; 2) Social: establishing cooperation (community leaders); 3). Cultural: political heritage of parents; open registration; and academic level; 4). Symbolic: education, cadre training. Habitus: provision, workshops, seminars; field, seat allocation opportunities; doxa, real action.

Analisis Yuridis Perlindungan Privasi Terhadap Pengambilan Foto Tanpa Izin Di Era Digital

Ibrahim Muhammad Isya — 2025-06-25

The development of digital technology has significantly influenced various aspects of human life, including the emergence of critical issues related to violations of personal privacy rights. One widespread form of violation is the unauthorized taking and dissemination of photographs on social media. This phenomenon endangers individual rights and may also breach legal standards, particularly concerning personal data protection. This study aims to evaluate legal protection against the unauthorized taking and dissemination of photographs based on Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), as well as to identify the challenges and legal efforts in its enforcement. The research method used is normative legal research, applying statutory and conceptual approaches, with data collection carried out through a literature review of primary and secondary legal documents. The findings indicate, first, that legal protection against the unauthorized taking and dissemination of photographs in the digital era as regulated under the PDP Law includes both normative and procedural protections, along with the imposition of legal sanctions on violators. Every activity of collecting, storing, processing, and disseminating photographs must be based on the explicit consent of the data subject. Second, the implementation of the PDP Law still faces serious challenges, such as the absence of an independent supervisory authority, low public literacy regarding privacy, weak legal proof capacity by law enforcement, and the lack of standardized guidelines for explicit consent.

Perlindungan Hukum Terhadap Kebocoran Data Pribadi Akibat Tindak Pidana Siber: Perspektif Undang-Undang Nomor 27 Tahun 2022

Haikal Akbar — 2025-06-26

The rapid advancement of information technology has brought significant challenges, one of which is the risk of personal data leakage due to cybercrime. In response to this, Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) was enacted as a legal foundation that comprehensively regulates the protection of personal data in Indonesia. This law contains the main principles of personal data protection, including the rights of individuals as data owners to receive protection, the obligations of data controllers and processors to maintain information security, as well as the obligation to conduct risk assessments in processing data that has the potential for high impact. The PDP Law also explicitly prohibits the collection and dissemination of personal data without a legal basis, which could harm the data owners, with criminal sanctions including imprisonment of up to five years and fines of up to IDR 5 billion for offenders. Moreover, this law establishes a personal data protection authority tasked with supervising the implementation of the provisions and receiving and following up on public reports of alleged violations. Victims of data leakage have several legal avenues available, such as filing civil lawsuits, reporting to the Ministry of Communication and Information Technology for administrative resolution, or reporting to the police for criminal prosecution. With this regulation, the state provides strong legal protection guarantees and structured enforcement procedures to prevent and address incidents of personal data leakage resulting from cybercrime, while also encouraging increased awareness and responsibility among data managers in today’s digital era.

Tantangan Penegakan Hukum Terhadap Kejahatan Siber Pada Era Digital di Jawa Tengah

Ulil Amri Al-Ulamai — 2025-06-26

The rapid development of information technology has increased the intensity of cybercrime, especially in Central Java, which has a large digital population. Crimes such as online fraud, the spread of hoaxes, and online gambling are becoming increasingly difficult to handle due to their anonymous and cross-border nature. This research aims to analyse the challenges of law enforcement against cybercrime, evaluate the strategies of law enforcement agencies, and highlight the potential of the community's role in prevention. Using a qualitative method with a descriptive-analytical approach, data were collected through interviews, observations, and documentation, and then analyzed thematically. The research results show three main findings: technical and institutional limitations in handling cybercrime, strategic steps taken by the Central Java Police Cyber Crime Directorate, and the low literacy and community involvement in prevention. This research emphasises that the effectiveness of law enforcement can be significantly enhanced by the synergy of regulations, technology, and community participation. The implication is that policies are needed to integrate community-based repressive and preventive approaches. Further research is recommended to explore more inclusive and locally based digital literacy strategies, underlining the importance of continuous learning and adaptation in combating cybercrime.

Analisis Hukum Penyebarluasan Karya Fotografi secara Non-Komersial Tanpa Izin: Studi Kasus Hotel Tentrem

Herlambang Herlambang — 2025-06-29

This study aims to analyse the legal aspects of non-commercial distribution of photographic works without the author's permission based on Law No. 28/2014 on Copyright. This study raises a case between photographer Bambang Wirawan and Hotel Tentrem Yogyakarta who used the photo ‘Morning at Prambanan’ without permission on the hotel's official website. The research uses normative juridical method with statutory approach and case approach. Data was obtained from literature study and analysed descriptively-analytically. The results show that although the use of the work is not commercial in nature, the act of uploading the work to a public website is still a form of exercise of the creator's economic rights. Therefore, such use without permission includes copyright infringement. The conclusion of this study confirms that the legal protection of economic rights does not depend on commercial motives, but rather on the exclusive control over the dissemination of the work by the creator.

Penyelesaian Sengketa Gugatan Pembatalan Akad Pembiayaan Mudharabah Menurut Hukum Perdata dan Hukum Islam

Reyna Amalia Pumieda — 2025-06-29

This research examines the dispute resolution mechanism for mudharabah contract cancellation by integrating civil law and Islamic law perspectives in Indonesia. Mudharabah contract as a sharia financial instrument requires a clear dispute resolution mechanism when cancellation occurs due to breach of contract or violation of sharia principles. The research method uses a normative juridical approach with case analysis of Supreme Court Decision Number 272 K/Ag/2015 between PT. Permodalan BV and Koperasi BS. The dispute resolution mechanism is regulated in Article 55 of Law No. 21 of 2008 with a hierarchy: deliberation, banking mediation, BASYARNAS, and religious courts. In civil law, contract cancellation is based on breach of contract (Articles 1243, 1266, 1267 of the Civil Code), while in Islamic law it occurs when the mudharib deviates from the principle of trust (KHES Articles 244, 251). The research results show legal uncertainty regarding the authority of courts versus sharia arbitration. The Supreme Court affirms the absolute competence of Religious Courts in sharia economics. Regulatory improvement and development of an effective sharia economic mediation system are needed to provide legal certainty.

Harmonisasi Hukum Waris Islam, Hukum Adat dan Hukum Nasional Telaah Normatif terhadap Kompilasi Hukum Islam, Hukum Adat dan KUHPerdata

Maizidah Salas — 2025-06-30

The inheritance system in Indonesia is governed by three main legal frameworks: Islamic law, customary (adat) law, and national law. Each of these systems has its own unique characteristics and principles of distribution. This study aims to explore how Islamic inheritance law, customary law, and national inheritance law in Indonesia are harmonized with one another and how inheritance distribution is regulated under these three legal systems. The research method used in this study is normative juridical, focusing on the applicable legal provisions. The findings indicate that the Compilation of Islamic Law (KHI) stipulates inheritance distribution based on Sharia principles, granting a larger share to male heirs. In contrast, customary law emphasizes cultural values and diverse kinship systems, while the Indonesian Civil Code (KUHPerdata) provides a more formal and balanced distribution between male and female heirs. Although these three systems operate concurrently, they are not always harmonious, requiring legislative efforts and jurisprudence to align inheritance regulations in order to achieve social justice and legal certainty amidst Indonesia’s legal pluralism.

Penegakan Hukum Pidana Terhadap Kasus Kenakalan Remaja di Kabupaten Purbalingga

Dwi Anugrah Yusdinsyah — 2025-07-01

Purbalingga Regency is currently facing serious challenges related to social security and safety due to increasing criminal activities involving groups of teenagers. This study aims to determine and analyze criminal law enforcement against juvenile delinquency cases in Purbalingga Regency, and to determine and analyze the obstacles for the Purbalingga Regency police so that crimes committed by juveniles do not occur. The type of research uses empirical legal research, with a descriptive research nature. The location of the research is at the Purbalingga Police. The types and sources of data in the study consist of two types, primary data and secondary data. Data collection techniques are by observation, interview, and literature study techniques. The data analysis technique is qualitative. The results of this study are criminal law enforcement against juvenile delinquency cases in Purbalingga Regency, namely carried out systematically by prioritizing aspects of protection and guidance based on applicable laws and regulations, and free sales. The obstacles for the police in following up so that crimes committed by juveniles do not occur are in external factors, namely the lack of involvement and responsibility from parents. In various cases, after the child is secured by the police, the parents should be present to provide assistance or pick up.

Analisis Prinsip Ownership Hak Cipta Terhadap Karya Hasil Artificial Intelligence (AI) Dalam Perspektif Hukum Positif

Muhammad Akmal Mukhasibi — 2025-07-02

The growing use of Artificial Intelligence (AI) brings new challenges to copyright law, especially about who owns the rights to works made with AI and how originality and creativity are defined. This research focuses on two main questions: how Indonesia’s copyright law regulates ownership of AI-generated works, and what the legal impacts are on originality and creativity principles. This study uses a normative juridical method with a literature approach, referring to Law Number 28 of 2014 on Copyright and related regulations. The findings show that, under current Indonesian law, only humans can hold copyright. AI is seen as a tool, not a creator. However, there is no clear rule yet to measure how much human input is needed for a work to be considered original. This creates uncertainty in deciding who legally owns AI-assisted work and how to protect them. To keep copyright law relevant in the digital era, more adaptive rules and clear technical guidelines are needed. The government must respond quickly to ensure legal certainty and protect the economic rights of creators as AI technology continues to develop.

Problematika Eksekusi Jaminan Gadai terhadap Objek yang Tidak Berada dalam Penguasaan Kreditur menurut Hukum Perdata dan Hukum Islam (Studi Putusan MA Nomor: 600/PK/pdt/2021)

Agnis Fitria Rahmat — 2025-07-02

Under civil law, the execution of a pledge requires physical possession of the pledged object by the creditor. However, in practice, it is not uncommon for the pledged object to be outside the creditor's control when the debtor defaults. This raises legal issues regarding execution and creditor protection. This study aims to analyze the legal consequences of executing a pledge guarantee when the object is not in the creditor's possession, from the perspective of civil law and Islamic law. The method used is normative legal research with a qualitative approach, based on literature review and analysis of Supreme Court Decision Number: 600/PK/Pdt/2021. The study finds that the absence of possession weakens the executorial power of the pledge, diminishes the creditor’s legal standing, and opens up the potential for disputes with third parties. In Islamic law, possession is also required for a valid rahn contract. Thus, possession is a key element in determining the legitimacy of pledge execution and ensuring legal certainty and protection for creditors.

Analisis Empiris Kemungkinan Penghindaran Pajak di Perguruan Tinggi

Feralda Septya Alfani — 2025-07-04

Taxes are a source of state income which is used to finance government spending and national development, so taxes have an important role in the development of the Indonesian economy. But taxpayers always want to pay as little tax as possible, whereas for the government taxes are the main source of national income, so Tax Avoidance occurs. This research aims to examine the influence of Love of Money, Religiosity and Gender on Tax Avoidance. In addition, this study examines the legal loopholes that some universities might potentially exploit for tax avoidance. The method in this research uses a literature review, namely research that finds theories and analyzes them. This research found that: 1) Love of Money influences Tax Avoidance; 2) Religiosity influences Tax Avoidance and; 3) Gender influences Tax Avoidance; 4) Legal loopholes that universities might exploit for tax avoidance.

Peran Valuta Asing Dan Hukum Internasional Dalam Mendukung Perdagangan Internasional

Naufal Hawari — 2025-07-06

This research discusses the role of foreign exchange and international law in supporting international trade in this study using normative research methods. The main focus in this study is how foreign exchange contributes to smooth transactions between countries and how international law regulates mechanisms and protection in foreign exchange transactions between countries. The data is obtained through a literature study of scientific journals, legal articles, and documents relevant to this research. The results of the study discuss that foreign exchange has an important role as a medium of exchange in global trade, allowing countries to export and import efficiently. On the other hand, international law provides a normative foundation through exchange rate regulation, currency conversion, transaction transparency, and financial dispute resolution between countries. International institutions such as the International Monetary Fund (IMF), World Trade Organization (WTO), and Bank for International Settlements (BIS) play an important role in monitoring and enforcing these provisions. The synergy between the foreign exchange system and the rules of international law is the key to creating stability and legal certainty in international trade.

Perlindungan Hukum Bagi Kreditur Akibat Wanprestasi Dalam Perjanjian Pinjam Meminjam Dengan Jaminan Benda Bergerak Milik Pihak Ketiga

Yudhistira Gilang Permana — 2025-07-06

Lending and borrowing agreements secured by movable objects owned by third parties have become a complex legal phenomenon, especially when there is a default by the debtor. In practice, many creditors suffer losses due to ignorance or negligence in verifying the legal status of the collateral object. This research aims to analyze the form of legal protection for creditors and the legal procedures that can be taken in the event of default in the agreement. The method used is normative legal research with a statutory approach and legal literature. The results of the study show that legal protection for creditors in this case is regulated in several legal provisions, including Article 1320 and Article 1365 of the Civil Code (KUHPerdata), as well as Article 15 paragraph (2) of Law Number 42 of 1999 concerning Fiduciary Guarantees, which gives executorial rights to creditors with the same power as court decisions that have been legally enforceable (inkracht). the importance of the principle of prudence, the validity of documents, and the involvement of notaries in strengthening the legal position of creditors. Alternative dispute resolution such as mediation, subpoena, and execution of collateral through legal channels are important means of protection for creditors. Article 29 of Law Number 42 Year 1999 on Fiduciary Guarantee. Every form of settlement must be based on the principles of legality, good faith, and prudence (prudential principle), and pay attention to the rights of third parties in good faith. Efforts taken by creditors due to default in a loan agreement with movable object collateral are carried out through two channels, namely litigation and non-litigation. The litigation path is a settlement taken through the court, this path is formal, procedural, and the results are binding and have permanent legal force. Non-litigation settlement is a legal effort outside the court that is valid according to positive law and based on the principles of freedom of contract and good faith.

Perlindungan Hukum Bagi Gelandangan Psikotik yang Terlibat Kekerasan (Studi Kasus di Dinas Sosial Kabupaten Banyumas)

Revintalis Osilia Mahar — 2025-07-06

The issue of legal protection for psychotic homeless individuals involved in acts of violence is a critical matter in the context of human rights and state responsibility. This study aims to examine the legal protection available to psychotic homeless individuals who become either victims or perpetrators of violence in Banyumas Regency, as well as the challenges faced by the local Social Service Office in handling such cases. This research employs both normative and empirical approaches. The normative approach involves the analysis of relevant legislation and legal theories pertaining to the legal protection of psychotic homeless persons, with data collected through literature review of primary and secondary legal materials. The empirical approach is used to gather factual data on the implementation of legal protection in the field, conducted through interviews with relevant stakeholders, specifically the Banyumas Regency Social Service Office. The findings indicate that psychotic homeless individuals are entitled to legal protection through mechanisms stipulated in the Indonesian Civil Code, as well as the right to rehabilitation as regulated in Law No. 18 of 2014 on Mental Health and Banyumas Regency Regional Regulation No. 16 of 2015 on the Control of Social Problems. The main challenges encountered by the Social Service Office in handling psychotic homeless individuals include limited personnel, budget constraints, rejection by families, and societal stigma. Inter-agency cooperation and effective policy implementation are essential to ensure adequate legal protection for this vulnerable group.