ATTENTION: This OJS is a temporary alternative when the original OJS is experiencing errors. LEGAL STANDING: JURNAL ILMU HUKUM is an academic journal that focuses on publishing scholarly works in the field of law and justice, prioritizing critical, analytical, and innovative perspectives on contemporary legal issues. The journal is designed as a dialogue platform for academics, legal practitioners, and policymakers to examine and map the challenges and opportunities in the current legal system. With a focus on multidisciplinary and interdisciplinary approaches, Amicus Curiae aims to foster intellectual debate and disseminate a deeper understanding of justice and the implementation of law in various social contexts.
Perlindungan Hukum bagi Pemenang Lelang Hak Tanggungan terhadap Penguasaan Objek Lelang oleh Debitur
The implementation of the auction of the execution of the right of dependency is a mechanism for settling non-performing loans that provides an opportunity for creditors to obtain repayment of their receivables through the sale of collateral objects. However, in practice, problems are often found in the form of still being controlled by the auction object by the debtor after the auction, so that the auction winner who has obtained juridical rights has not been able to physically control the object. This study aims to analyze the form of legal protection for auction winners over the auction object of the dependent rights that are still controlled by the debtor and to examine the legal position of the auction winner on the control of the auction object after the auction and the transfer of rights are legally carried out. The method used is normative research with legislative, case, and conceptual approaches. Primary legal materials include Law Number 4 of 1996 concerning Dependent Rights, Minister of Finance Regulation Number 122/PMK.06/2023 concerning Guidelines for Auction Implementation, Civil Code, and other related regulations. Secondary legal materials are obtained from the scientific literature. The analysis was carried out qualitatively using a descriptive method. The results of the study show that legal protection for auction winners consists of preventive and repressive protection. Preventive protection is realized through the issuance of auction minutes as an authentic deed and the provision of information about the condition of the auction object before the auction is held. Repressive protection is provided through the mechanism of execution of the auction object emptying based on Article 200 paragraph (11) of the Criminal Code if the debtor refuses to hand over the object voluntarily. In addition, the auction winners are recognized as buyers in good faith. After the auction is carried out legally, the auction winner has legal status as the new and legal owner of the object of dependent rights and has the right to acquire ownership of the auction object, change the name, control and make full use of the auction object. Debtors who still control the auction object have lost the legal basis to maintain the control. Therefore, it is necessary to implement effective emptiness execution to ensure the fulfillment of the rights of the auction winner, and increase public confidence in the auction mechanism for the execution of dependent rights.
Copyright (c) 2026 LEGAL STANDING: JURNAL ILMU HUKUM
Reasonable Accommodation bagi Penyandang Disabilitas dalam Proses Hukum: Perbandingan Hukum Konstitusi Indonesia dan Jepang
This study aims to analyze the provision of Reasonable Accommodation for persons with disabilities who are users of legal services in the implementation of legal proceedings, particularly from the perspective of constitutional law in the application of legal norms and the protection of human rights. The research focuses on how the concept of Reasonable Accommodation is regulated under Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP), Law Number 8 of 2016 concerning Persons with Disabilities, and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). Through Law Number 19 of 2011, the Government of Indonesia ratified the United Nations Convention on the Rights of Persons with Disabilities. A comparative analysis is conducted with Japan, where the right to Reasonable Accommodation for persons with disabilities is guaranteed through the Basic Act for Persons with Disabilities and the Act for Eliminating Discrimination against Persons with Disabilities. This research employs a normative legal method using statutory and comparative approaches. Data were collected through visits to courts to assess the extent to which Reasonable Accommodation is provided for persons with disabilities as users of legal services, including adequate information, accessibility support, and disability assistance during legal proceedings. The findings indicate that, from a normative perspective, the legal framework governing Reasonable Accommodation within the judiciary is relatively well established. Regulations provide for non-discriminatory services, accessible facilities, interpreters, assistants, and special examination standards for persons with disabilities. The provision of Reasonable Accommodation in judicial institutions is essential for ensuring accessibility and enabling persons with disabilities to participate effectively in criminal court proceedings. Many courts have provided various facilities, such as designated parking areas, accessible entrances, waiting areas, and disability-friendly restrooms. However, shortcomings remain in the availability and quality of accessibility measures in several locations, which hinder the delivery of services to persons with disabilities. Furthermore, implementation continues to face challenges, including limited physical infrastructure, insufficient training for law enforcement officials, and the absence of standardized assessments to identify the individual accommodation needs of persons with disabilities.
Perlindungan Hak Waris Anak yang Lahir dari Perkawinan Tidak Tercatat Menurut Kompilasi Hukum Islam
This study examines the protection of inheritance rights of children born from unregistered marriages according to the Compilation of Islamic Law (KHI) using descriptive qualitative methods and a normative legal approach. The purpose of the study is to describe in detail the facts on the ground while analyzing applicable legal norms and their conformity with community practices. Data collection techniques were carried out through a literature study including books, journals, articles, laws and regulations, and relevant documents, which were then critically analyzed to produce a comprehensive understanding. The results show that unregistered marital status has a significant impact on the legal recognition of children as heirs. According to the KHI, children are the primary heirs, but this provision only applies to children born from legal and officially registered marriages. Children born outside of registered marriages generally do not receive inheritance rights from their biological fathers, unless there is legal recognition or a court decision. In practice, the protection of children's inheritance rights is often hampered by patriarchal culture, low legal literacy, and differences between customary law and Islamic law. Daughters, children born out of wedlock, and adopted children tend to be more disadvantaged in inheritance distribution. As a solution, marriage confirmation at the Religious Court is the primary step in legalizing marital status, thereby granting children legal status as heirs. Another alternative is to adhere to Constitutional Court Decision No. 46/PUU-VIII/2010, which allows illegitimate children to inherit from their biological father with proof of a civil relationship. Increasing public legal awareness and facilitating access to marriage registration are key to ensuring fair protection of children's inheritance rights in accordance with Islamic principles of justice and national law.
Copyright (c) 2025 LEGAL STANDING: JURNAL ILMU HUKUM
Kebijakan Penanggulangan Narkotika oleh Badan Narkotika Nasional Ditinjau dari Undang-Undang Narkotika
This research stems from the obligation of a rule-of-law state to protect its citizens from the threat of narcotics abuse, which is increasingly widespread and endangering the nation’s survival. The purpose of this study is to explain the obstacles faced by the National Narcotics Agency (BNN) of Tangerang City in implementing law enforcement policies against narcotics crimes in its jurisdiction. This research employs an empirical legal method using a juridical-empirical approach, combining analysis of legal regulations with field data obtained through interviews, documentation, and literature studies. The findings show that although BNN Tangerang City has carried out various prevention, eradication, and rehabilitation policies through cross-sectoral cooperation with local governments, the police, and the community, implementation still faces serious challenges, such as shortages of human resources, limited operational facilities, weak inter-agency coordination, and gaps in technical understanding related to proving narcotics cases. In addition, the participation of Regional Government Organizations (OPD) is considered uneven, and private sector involvement remains minimal. This research recommends the need for increased budget allocation, recruitment and training of human resources, strengthening of forensic laboratories, optimization of technology, and regulatory improvements to create a more effective and sustainable narcotics control system in Tangerang City.
HUKUM SUKARELAWAN DALAM PENGATURAN LALU LINTAS BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009
This research aims to examine the implementation of legal freedom in traffic regulation in accordance with applicable regulations and the challenges faced in the field. This research adopts a type of sociological juridical research, which aims to examine various rules, concepts, societal views and legal doctrines sourced from secondary legal materials and relevant laws and regulations, especially those related to the issues discussed. The design approach implemented in this research is none other than statutory regulations or a statutory approach. This research was achieved through efforts to analyze regulations or forms of regulations which were characterized as being related to the legal context issues. The data collection technique in this research uses secondary data, where information is obtained from library research, by tracing, collecting and analyzing the required literature materials. Researchers use legal analysis techniques which are followed by efforts at description, systematization, legal analysis and interpretation. The results of this research reveal that there is no ban on volunteer road crossing/traffic controllers, however, on the one hand, there have been several complaints from the public that the presence of these volunteers can disrupt and hinder their traffic. However, if the volunteer worker is proven to have caused a traffic accident, then it must be processed in accordance with applicable criminal law. In many areas, volunteers have demonstrated their ability to help regulate traffic flow, but support from the government is low and remains a challenge for communities. Therefore, there is a need for training and training for volunteer workers, supported by increased monitoring and evaluation of volunteers.
Copyright (c) 2024 LEGAL STANDING: JURNAL ILMU HUKUM
Pelaksanaan Hak Tanggungan Secara Elektronik dengan Jaminan Sertipikat Tanah
Technological advances have had a significant impact on various aspects of life, including law and public administration. One important aspect is the implementation of taxation, which is a strategic strategy with high economic value and is considered an important object in economic activities. The Indonesian government has implemented an Electronic Tax Service (HT-el) system to improve efficiency, transparency, and accountability in tax administration. HT-el covers various tax-related processes, such as tax collection, creditor changes, and tax collection audits, which can be carried out electronically through an online platform. Digitalization offers many benefits, such as faster processing times, increased efficiency, and reduced long-term interconnections that prevent corruption. However, the implementation of HT-el also presents challenges that cannot be ignored. These include technological infrastructure, human resource management, and electronic data knowledge. The implementation of HT-el requires comprehensive legal services, including electronic document handling, personal data protection, and legal compliance for affected parties. One of the challenges faced in the implementation of HT-el is the relationship between creditors and debtors, which can be affected by differences in data in the electronic tax system. Debtors may believe that digital data is incompatible with the old tax system, thus creating the risk of inaccurate data input or lack of clear communication mechanisms. The implementation of HT-el also involves exploring various aspects of technology in the process, analyzing its impact on taxation, and providing recommendations for developing a better system during the data collection period. This study aims to contribute to understanding the digitalization of the tax law system and addressing the various challenges faced in its implementation.
Kewenangan dan Tanggung Jawab PPATdalam Proses Pembebasahan Tanah untuk Kepentingan Umum
The land acquisition process requires the involvement of various parties, one of which is the Land Deed Making Officer (PPAT). PPAT has an important role in ensuring the validity of land administration through the creation of authentic deeds, such as deeds of sale and purchase, deeds of gift, and deeds of release of rights. In the context of land acquisition for public interest, the authority and responsibility of PPAT are very crucial in ensuring legal certainty for all parties involved. This study aims to find out and understand the authority of PPAT in the process of land acquisition for public interest and to analyze the legal responsibility of PPAT in making words related to land acquisition. The type of research used in this thesis is normative legal research, namely research that focuses on the study of laws and regulations, legal doctrine, legal principles, and relevant literature. This study is used to analyze the authority and responsibility of PPAT as regulated in the positive legal system in Indonesia, especially in the context of land acquisition for public interest. The results show that the PPAT's authority in land acquisition for public interest is to make authentic deeds related to the transfer of land rights, such as deeds of sale and purchase, deeds of release of rights, and deeds of gift. This authority is administrative in nature and does not include the assessment of compensation or determination of land acquisition policies and the legal responsibilities of the PPAT include ensuring the validity of documents and the identities of the parties, as well as ensuring that the transferred land is not in dispute. PPAT's negligence can have legal consequences, both administrative, civil, and criminal.
Tantangan dan Strategi Implementasi Kebijakan Anti-Korupsidi Lembaga Pemerintahan
Corruption within government institutions is a major obstacle to achieving sustainable growth and building a clean governance system. Anti-corruption policies are important, but the complexity of their implementation encompasses cultural factors, laws, and power dynamics. Government institutions face difficulties in implementation due to complex bureaucratic structures, internal resistance, and limited resources. The purpose of this research is to identify the challenges and implementation strategies of anti-corruption policies in government institutions. This research uses literature review and data analysis methods. The results indicate that improvement efforts require strategies such as strengthening internal capacity, increasing transparency, and fostering public participation. A strong legal foundation, adequate resource distribution, as well as outreach and public education programs are key to enhancing anti-corruption policies in government institutions. Implementation strategies involve standardizing law enforcement, capacity building, strengthening legal frameworks, resource distribution, awareness campaigns, and anti-corruption capacity enhancement programs. Encouraging public participation, especially through anti-corruption education in schools, and leveraging information technology to increase transparency, are essential foundations for building a clean and effective government.
Anti-SLAPP sebagai Strategi NDC dalam Perlindungan Hutan Zero Deforestation
Indonesia has very diverse natural resources, especially the abundant forest wealth. But in reality, forest wealth is declining due to deforestation. This contradicts Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia which states that people need to fulfil their right to a good and healthy environment. The research was conducted using normative juridical method through statutory, case study and conceptual approaches that produced qualitative data through literature study. This research found the fact that there is no regulation that discusses the implementation of Nationally Determined Contributions (NDC) in Indonesia and there are still many cases of criminalisation due to deforestation cases. Therefore, it is necessary to embody the NDC in the Anti-SLAPP regulation to realise Zero Deforestation-based forest protection in Indonesia.
Peran Mediasi dalam Penyelesaian Sengketa Perjanjian Kontrak Bisnis di Indonesia
Business contract disputes are common issues in the business world, arising from either breaches of agreements or differing interpretations of contract terms. Dispute resolution through litigation often takes a long time, incurs high costs, and has the potential to damage established business relationships. This study aims to analyze the role of mediation in resolving business contract disputes in Indonesia by highlighting its effectiveness, challenges, and opportunities for optimization within legal and practical contexts. This research employs a normative legal method with an analytical approach to relevant regulations, such as Supreme Court Regulation (Perma) No. 1 of 2016 on Mediation Procedures in Court, as well as legal doctrines and related literature. The findings indicate that mediation has great potential as a more efficient dispute resolution mechanism than litigation, as it is flexible, faster, and helps maintain business relationships between parties. However, its implementation still faces obstacles, including low awareness among business actors, a limited number of professional mediators, and a dominant litigation culture. The originality of this study lies in its comprehensive analysis of mediation implementation based on regulatory reviews and business practices in Indonesia, along with strategic recommendations to enhance its effectiveness. The study's limitations include constraints in empirical data collection, as it primarily adopts a normative approach. Therefore, further research based on case studies or interviews with legal practitioners and professional mediators is recommended to gain deeper insights into the practical effectiveness of mediation. To address existing challenges, efforts are needed to promote mediation awareness, improve mediator competencies, and strengthen regulations supporting out-of-court mediation.
Hipotek Kapal: Perlindungan Hukum dan Kepastian Bagi Kreditur
Ships as collateral for mortgages in credit agreements are regulated in Articles 1162 to Article 1232 of the Civil Code and Shipping Law Number 17 of 2008. This departs from Indonesia's geographical conditions as a maritime country with important sea transportation, as well as its position in between the continents of Asia and Australia. Ships have two legal statuses, namely as movable and immovable objects. The Shipping Law states that the guarantee of a ship is determined by its region of registration, which is also linked to information about the ship and its owner in the national registration book. The nationality of the ship needs to be considered like other property rights. Banks are often hesitant to accept ship collateral due to the precautionary principle. However, the 2008 Shipping Law provides new hope for shipping entrepreneurs, even though many ships are not yet insured, making it difficult for banks to accept ships as credit collateral.
Efektivitas Penyelesaian Hukum Akibat Sound Horeg Melalui Restoratif Justice
This research aims to examine the effectivenessof legal settlements regarding the nouise disrtubances caused by sound horeg through a restorative justice approach . sound horeg refers to high-decibel audio devices used in community events such as birthdays, circumcisions, and carnivals. Excessive and unregulated use of these devices often disturbs public comfort and order. This can be considered an unlawful act, as it violates established noise level thresholds and infringes on the public’s right to a peaceful and healthy environment. The research adopts a normative juridical method with statutory and conceptual approaches. Data sources include literature review of relevant regulations such as the Criminal Code, Law No. 32 of 2009 on Environmental Protection and Management, and Ministerial Regulations on noise level standards. Secondary data were obtained from articles, news reports, community complaints, and scientific journals. The findings show that a restorative justice approach is more effective in resolving legal issues related to sound horeg compared to repressive methods. Restorative justice emphasizes deliberation, restoration of social relations, education for offenders, and continuous supervision. This approach helps minimize social conflict, enhances legal awareness in the community, and supports the creation of sustainable public order.
Analisis Yuridis terhadap Notaris yang Berkewajiban Amanah Menurut Pasal 16 Udang-Undang no. 2 Tahun 2014 tentang Jabatan Notaris
A notary is a public official appointed by the state to carry out part of the public authority, especially in making authentic deeds that have legal force. The role of a notary must comply with various legal provisions stipulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary (Notary Position Law). One of the main obligations that must be carried out by a notary is to act in a trustworthy manner, as stipulated in Article 16 Paragraph (1) Letter a of the Notary Position Law. In Islam, the principle of trustworthiness has a position as one of the basic values ​​that must be applied in community and state life. Trustworthiness is a commendable trait recommended by the Qur'an and Hadith. The obligation of a notary to act in a trustworthy manner as stipulated in the Notary Position Law has strong relevance to the teachings of Islamic law. A study of the obligation of a notary to act in a trustworthy manner according to Article 16 Paragraph (1) Letter a of the Notary Position Law, when viewed from the perspective of Islamic law, is important to provide a more comprehensive understanding of the relationship between positive law and Islamic values. This study aims to analyze the obligation of notaries to act in a trustworthy manner, identify its relevance to the principle of trustworthiness in Islamic law, and examine the law of violations of this obligation.
Implementasi Kebijakan Pencegahan Penyalahgunaan Narkotika pada Anak
Drug abuse among children in Tangerang City is a serious problem that requires greater attention from various parties. This study aims to examine the implementation of drug abuse prevention policies for children in Tangerang City, as well as to identify obstacles and supporting factors in their implementation. The policies that have been implemented involve various sectors, including education, health, and law enforcement. Children, as individuals who are still in their developmental stage, require an approach that builds awareness and resilience, rather than one that stigmatizes them. Therefore, prevention policies need to be designed in such a way that they can reach children through age-appropriate education, safe and supportive environments, and the involvement of families and schools as the first line of defense in protecting children from the threat of drugs. Under Law No. 23 of 2002 on Child Protection, as amended by Law No. 35 of 2014 and most recently by Law No. 17 of 2016, Article 13(1) and (2) state that children have the right to protection from the abuse of narcotics, psychotropic substances, and other addictive substances. Additionally, Article 59(2)(d) mandates the state and government to provide special protection to children who are victims of drug abuse. However, evaluation results indicate challenges in inter-agency coordination, lack of active participation from parents and the community, and limited resources in implementing these policies. This study suggests the importance of a more integrated approach, involving the community actively, and strengthening the capacity of implementing institutions to achieve success in preventing drug abuse among children.
Praktik Kecantikan Tanpa Izin Sebagai Tindak Pidana: Upaya Hukum Dalam Pemulihan Kerugian Korban
The development of the beauty industry in Indonesia has contributed to the rise of illegal beauty practices carried out by non-medical personnel without official permits, which can jeopardize the health and safety of consumers. These unlicensed beauty practices constitute a violation of the Medical Practice Act, which prohibits non-medical service providers from performing medical procedures without authorization. This study aims to analyze unlicensed beauty practices as criminal acts and the legal avenues available for victims to seek compensation for damages. The research method employed is a literature review, analyzing regulations, scientific journals, and relevant cases. The results of the study show that unlicensed beauty practices not only violate administrative aspects but also pose significant health risks. Victims can seek compensation through criminal and civil legal channels; however, challenges in law enforcement and the low level of public legal awareness hinder recovery efforts. This study provides recommendations to improve supervision, strengthen regulations, and raise public awareness about the dangers of illegal beauty practices.
Studi Komparasi Hak Nafkah Anak Diluar Nikah Menurut Kompilasi Hukum Islam dan Kitab Undang-Undang Hukum Perdata
This study discusses the comparative legal protection of the right to support children born out of wedlock according to two legal systems in force in Indonesia, namely the Compilation of Islamic Law (KHI) and the Civil Code (KUHPerdata). Children born out of wedlock often face legal uncertainty, especially regarding the right to recognition of identity and provision of support, which has an impact on their protection and welfare. This study uses a normative legal approach with a comparative method, to analyze the extent to which the two legal systems provide protection for children born out of wedlock that is legal according to state and religious law. The results of the study show that both the KHI and the Civil Code recognize the importance of protecting children's rights, including the right to support. However, there are fundamental differences in the legal construction and implementation of the responsibility for providing support. In the KHI, children born out of wedlock do not have a civil relationship with their biological father, unless legally recognized, so that the provision of support is only borne by the mother or the party who recognizes it. Meanwhile, the Civil Code provides a broader possibility for the recognition and imposition of responsibility on the biological father through the mechanism of legal recognition of children. This difference creates legal dualism and has the potential to cause injustice and discrimination against children. Therefore, this study recommends harmonization between the Islamic legal system and civil law in the context of the right to support children born outside marriage, in order to ensure legal protection that is fair, equal, and oriented towards the best interests of the child.
Pertanggungjawaban Perusahaan Kelapa SawitAtas Kerusakan Jalan Kabupaten Perspektif Maslahah Mursalah
PT Perkebunan Nusantara (PTPN) IV Tinjowan is a palm oil company that has the responsibility to improve the welfare of the community around the plantation in various aspects. Research at PT Perkebunan Nusantara (PTPN) IV Tinjowan focuses on priorities for the community around the palm oil plantation, because this company is engaged in the economy. However, there are obstacles in the implementation of some of the company's programs, especially in the infrastructure sector. The method used in this study was a direct field survey and structured interviews with village officials. The field survey was conducted to see the condition of road damage (traffic), while structured interviews were conducted with local village officials, namely parties in the community who are considered to have knowledge and know in detail about the programs that have not been running. The results of the study showed that the PTPN IV Tinjowan program had not been implemented properly in the field of road infrastructure (traffic). There were several programs that had not been evenly distributed throughout the community, so further socialization was needed.
Karakteristik Sistem Pembagian Waris Keluarga Dayak Muslim
Inheritance practices between Muslim Dayak families can be handed over to the majority without regard to differences in religion and gender. This indirectly shows that there are values that are maintained by Muslim Dayak families in the distribution of inheritance so that this happens. This research is a type of empirical research with a legal sociology type and approach socio-legal with qualitative data analysis methods. The results of the research show that the implementation of inheritance distribution in Muslim Dayak families applies three main points, namely Budaya Damai, Tradisi Hakakat and implement the principles Belom Bahadat namely maintaining the value of the inheritance system used so as to create a characteristic, namely applying equality, so that Dayak Muslim inheritance can be in harmony with Islamic law.
Peran Penuntut Umum Terhadap Pemenuhuan Restitusi Anak Korban Tindak Pidana Kekerasan Seksual
Sexual violence crimes not only affect adults as victims but also targetand impact children. Concern over the high number of sexual crimes experienced by children should not solely focus on punishing the perpetrators but also on fulfilling the rights of child victims of criminal acts. One way to restore the condition of child victims of sexual violence is through restitution. In cases of sexual crimes against children, the Public Prosecutor (JPU) plays a central role in ensuring the fulfillment of the victim's right to restitution. The central role of the Public Prosecutor in providing restitution is stated in Government Regulation No. 43 of 2017. This study aims to examine the urgency of the Public Prosecutor's role in fulfilling restitution rights and to identify the challenges and efforts in the process of fulfilling these rights for child victims. This research uses a normative juridical approach. The findings indicate that filing for restitution for child victims of sexual violence crimes is crucial and should be included in the Public Prosecutor's indictment as a form of legal protection for the child victims. However, the implementation of restitution requests in the indictment still faces obstacles, both from within the prosecutor's office and from external institutions.
Fan Culture dan Batasan Hukum: Analisis Tindakan Sasaeng Fans dalam Perspektif Hukum Pidana
The phenomenon of sasaeng fans in the K-pop industry has become a serious issue that threatens the privacy and security of idols. Behaviors such as stalking, spreading personal information, and even physical threats are common actions of sasaeng fans, which are often difficult to address legally. This study analyzes sasaeng fans' behavior from the perspective of South Korean criminal law, focusing on case studies of BTS and NCT. The research employs a normative and empirical juridical approach, utilizing legal regulations, court decisions, news reports, and relevant case documentation as data sources. The findings reveal that although South Korea has implemented the Stalking Punishment Act and other regulations, their enforcement faces several challenges, including difficulties in proving intent, relatively lenient penalties, and idols’ reliance on agencies to report cases. Therefore, stricter policy revisions, active agency involvement in reporting violations, and fan education on ethical boundaries in idol support are necessary. The results of the study show that although South Korea has enacted the Stalking Punishment Act and other regulations related to the protection of public figures, its implementation still faces significant obstacles. The original findings in this study indicate that one of the roots of the problem is not merely the legal vacuum, but rather the gap between the existence of the law and legal awareness of both victims and law enforcement officers. In addition, the results of this study also reveal that the sanctions imposed on sasaeng perpetrators tend to be light and do not have a deterrent effect, so that the practice of violating privacy against idols remains widespread.
Pemenuhan Hak Anak Sebagai Korban dalam Sistem Pengadilan Tindak Pidana Kekerasan Seksual
This study aims to analyze the effectiveness of fulfilling children's rights in the judicial system of sexual violence crimes in Batam City, as well as to identify the challenges and realities faced during its implementation. The research method used is an empirical juridical approach, with data collected through in-depth interviews with law enforcement officials, including investigators and police in Batam City. The findings reveal that although comprehensive regulations exist, their implementation remains suboptimal due to limited human resources, insufficient child-friendly facilities, and ineffective inter-agency coordination. These barriers hinder the protection and recovery of child victims of sexual violence. The study also highlights the importance of applying the principles of Best Interests of the Child and the Restorative Justice approach to create a more child-friendly judicial system. Therefore, improvements in law enforcement training, strengthening inter-agency coordination, and developing facilities to support the recovery of child victims of sexual violence are urgently needed.
Penggunaan Alat Bukti Sekunder dalam Menjatuhkan Tuntutan Pidana Berdasarkan Asas Kepastian Hukum
The use of circumstantial evidence in criminal cases has raised legal debate. Judges in some cases consider circumstantial evidence because there were no eyewitnesses who saw the criminal event directly. This is contrary to the Criminal Code which limits valid evidence in Indonesian criminal procedure law. The use of circumstantial evidence that is not regulated in the Criminal Code has the potential to cause normative conflicts, legal uncertainty, and violations of human rights. It is necessary to examine the criteria for circumstantial evidence that is permitted in the Indonesian criminal procedure law system and has a legal standing in line with the principle of legal certainty, as well as the legal consequences of using circumstantial evidence in imposing criminal charges based on the principle of legal certainty using normative legal research methods with a statutory approach and case studies. The results show that the criteria for circumstantial evidence that is justified in the Indonesian criminal procedure law system and has a legal standing in line with the principle of legal certainty is when the use of circumstantial evidence is prioritized for proving cases where there are no eyewitnesses who saw it directly, its use must be complementary, cannot stand alone (not used as the sole basis for imposing a criminal sentence), its use must meet the elements of accountability, relevance, authenticity, validity, proportionality, not violating human rights, used as complementary evidence that supports the proof and used as part of the consideration of proof, especially in the form of instructions or letters to strengthen the judge's conviction. The legal consequences of the use of circumstantial evidence in imposing criminal charges based on the principle of legal certainty remain normatively legal. As long as the use of circumstantial evidence is in accordance with its position, its use remains in line with the principle of legal certainty as one of the fundamental principles in the Indonesian legal system.
Analysis of Supreme Court Decision Number 3507 K/PDT/2023
The aim of this study is to investigate the authority of the Land Deed Making Officer (PPAT) in issuing Sale and Purchase Deeds Number 134/2016 and 135/2016. All actions, including legal and other acts, performed within the territory of Indonesia must adhere to the prevailing regulations and laws in the country. This requirement applies to all individuals, whether Indonesian citizens or foreign nationals currently in Indonesia. Every landowner in Indonesia is obligated to register their land in accordance with the provisions of the Basic Agrarian Law and its associated regulations, ensuring that land ownership status is clear and legally recognized, which serves as a preventive measure against disputes over land rights. This study employs a descriptive qualitative approach to examine the authority of PPAT Roy Pudyo Hermawan in executing Sale and Purchase Deeds Number 134/2016 and 135/2016. The findings indicate that the deeds were declared legally defective by the Supreme Court, as they did not satisfy the substantive legal requirements and failed to adhere to the procedural standards prescribed for deed execution by a PPAT.
Perlindungan Hukum Bagi Istri yang Tidak Nafkahi Menurut UU No. 16 Tahun 2019
Abstract This study aims to analyze the legal protection for a legitimate wife who does not receive maintenance within her marriage, specifically based on Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 on Marriage. This research uses an empirical legal research method with a juridical-sociological approach. The research questions addressed in this study are: first, how is the legal protection for the legitimate wife’s right to maintenance in her marriage according to Law No. 16 of 2019, and second, what are the factors causing the failure to fulfill the wife’s maintenance rights within her marriage in Tombolango Village? Data was collected through interviews with relevant parties in the Tombolango Village community and by reviewing regulations such as the Marriage Law, the Law on the Elimination of Domestic Violence (PKDRT), and the Compilation of Islamic Law (KHI). The study found that although the law provides protection for the wife's right to maintenance, in practice, there are socio-economic and cultural factors that hinder the fulfillment of this right in Tombolango Village. Therefore, efforts to raise legal awareness in the community and increased oversight from authorities are necessary to protect women's rights in marriage.
Constitutional Implications of Abolishing the Presidential Threshold on Democracy and the Electoral System in Indonesia
The Constitutional Court's Decision No. 62/PUU-XXII/2024, which nullified the application of the presidential threshold in Indonesia’s presidential and vice-presidential elections, represents a transformative development in the country's electoral framework. This research investigates the legal and political ramifications of the ruling, particularly its impact on democratic practices and the structure of the electoral system in Indonesia. Employing a normative juridical approach, the study explores the constitutional justification for eliminating the threshold, assesses its effects on political inclusiveness, and examines its implications for governmental stability. The results suggest that eliminating the presidential threshold may strengthen democratic processes by enabling broader candidate participation and encouraging a more competitive political environment. Nevertheless, the absence of such thresholds could also lead to heightened political fragmentation, potentially resulting in a more divided electoral arena. From a regulatory standpoint, this shift demands careful revision of electoral procedures to maintain administrative efficiency and uphold the integrity of election outcomes. This research contributes original insights by being among the first to critically assess the legal reasoning of the Constitutional Court’s decision in the context of Indonesia’s evolving democratic architecture. It highlights the tension between normative constitutional ideals and practical governance needs, offering a nuanced interpretation that bridges theory and institutional realities. However, the study is limited by its focus on normative and doctrinal analysis without incorporating empirical data from political actors or voter behavior post-ruling. In conclusion, the abolition of the presidential threshold introduces a multifaceted impact on Indonesia's democratic development and electoral integrity, warranting further scholarly inquiry into regulatory frameworks that can harmonize openness with governance efficacy post-ruling.
Peran Pengawas Ketenagakerjaan dalam Pemenuhan Hak Pekerja yang Mengalami Pemutusan Hubungan Kerja (PHK)
Labor inspectors serve the function of overseeing and ensuring the enforcement of labor regulations, including guaranteeing the fulfillment of workers' rights in cases of termination of employment. As a consequence of termination practices, workers are entitled of severance pay, rewards for length of service, and reimbursement of other entitlements in accordance with applicable regulations. This study focuses on the legal protection and the impact of labor inspectors’ performance on the fulfillment of workers' rights in termination cases. The approach employed in this study is a normative juridical method. The findings indicate that the active role of labor inspectors in fulfilling workers’ rights following termination can be carried out upon receiving a complaint from the affected worker or based on a directive from their superior. This is closely related to the limited authority of labor inspectors. Furthermore, the high number of labor law violations and the imbalance between the number of labor inspectors and the number of existing companies indicate that labor inspection implementation has not yet been optimal.
Problematika dan Tanggung Jawab Profesi Notaris kepada Masyarakat demi Tercapainya Kepastian Hukum
In order to realize the Republic of Indonesia as a State of Law based on Pancasila and the 1945 Constitution of the Republic of Indonesia in order to guarantee certainty, order and legal protection for those who need authentic written evidence which explains the circumstances, events or legal acts that require the Office of Notary, in 2004 the Republic of Indonesia Law Number 30 of 2004 concerning the Office of Notary was issued as amended by Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to the Republic of Indonesia Law Number 30 of 2004 concerning the Office of Notary. Based on the Provisions of Article 1 number 1 of the Republic of Indonesia Law Number: 30 of 2004 concerning the Position of Notary as amended by the Republic of Indonesia Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary, the definition of Notary is as follows: Notary is a public official who is authorized to make authentic deeds and other authorities as referred to in this Law. Thus, because the Notarial Deed is an Authentic Deed, the Notarial Deed has perfect or complete evidentiary power, as stipulated in Article 165 HIR.
The Law on Modifying the Engine of a Two-Wheel Motor Vehicle Perspective of Sadd Adz-Dzari’ah
This study discusses the practice of engine modification on motorcycles in the Medan Tembung District, specifically at the MRT Garage workshop. The modifications are carried out at the request of customers to increase engine capacity. However, this practice is often considered illegal because it does not comply with safety standards and existing regulations in Indonesia. This study analyzes the phenomenon from the perspective of Sadd Adz-Dzari’ah in Islamic law, which prohibits actions that have the potential to lead to harm, even if initially permitted. The study also examines Indonesian legal regulations such as Government Regulation No. 55 of 2012 and Law No. 22 of 2009, which regulate the technical aspects of motor vehicle modifications. The findings show that such modification practices violate both Islamic law and government regulations, as they cause harm such as vehicle instability and an increased risk of accidents. This study contributes to the understanding of motor vehicle modification regulations from both Islamic and Indonesian positive law perspectives.