Launched in 2022, the Journal of Human Rights Law Review seeks to increase awareness, knowledge, and discussion of legal issues and human rights policy. Academically focused, the Review also appeals to the wider human rights community, including those in government, intergovernmental and non-governmental circles concerned with law, policy, and fieldwork. Review of original published articles on human rights issues in their global or national context, considered from an international or comparative legal perspective.
Restoration of Good Name Towards Victims of Online Defamation as a Form of Cyberbullying
With the pervasive use of digital platforms, online defamation has emerged as a prominent form of cyberbullying, threatening individuals’ reputations, psychological well-being, and social credibility. This study investigates mechanisms for restoring the good name of victims of online defamation, emphasizing legal, social, and psychological interventions. Using a mixed-method approach, quantitative data were collected from 300 social media users who experienced defamation, while qualitative interviews explored personal experiences, coping strategies, and social reintegration. Data analysis employed Structural Equation Modeling–Partial Least Squares (SEM-PLS) to evaluate relationships among online defamation, psychological impact, social support, restorative strategies, digital literacy, and perceived reputation recovery. Findings indicate that social support, digital literacy, and restorative justice interventions significantly enhance reputation restoration, with victims who received legal action, public acknowledgment, and community support reporting the most effective outcomes. Grounded in Cyberbullying Theory, Reputation Management Theory, and Restorative Justice Theory, the study provides a comprehensive framework linking individual psychological resilience, social perception, and restorative mechanisms. The results highlight the importance of culturally sensitive approaches, including social norms, online ethics, and communication strategies tailored to specific communities. These insights inform policy design, platform governance, and educational programs aimed at mitigating online defamation, empowering victims, and promoting digital literacy. The study contributes to theory by integrating social, legal, and psychological perspectives on reputation restoration, and to practice by offering actionable strategies for victims, policymakers, and digital platform managers.
Copyright (c) 2026 Ni Made Padmawardhani Rakheswari https://creativecommons.org/licenses/by-sa/4.0
Copyright Protection for Songs and/or Music Remixes Published on YouTube
Song recycling is the activity of updating and re-singing a singer's previous song (old version). Recycling songs and/or music generally used Youtube as a publication medium. The purpose of this study is to determine the copyright protection of song and/or recycling through Youtube media as a medium that is often used to publish song recycling content. This research uses normative juridical research methods. The results showed that based on Law No. 28 of 2014 concerning Copyright, everyone who wants to recycle songs must obtain permission from the creator and/ or copyright holder because it includes exercising economic rights belonging to the creator and/or copyright holder. Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Electronic Information and Transactions also regulated that the recycled version of the song is one form of electronic document, if it contains copyright infringement then electronic system operator has the right to cut off access.
Copyright (c) 2026 Melinda Wahyu Prihastiwi, Tashya Panji Nugraha https://creativecommons.org/licenses/by-sa/4.0
Supervision of Law Enforcement Authority Through Pre-Trial in the 2025 Criminal Code
This study aims to analyze whether the 2025 Criminal Procedure Code (KUHAP) has addressed the substantive weaknesses of pretrial proceedings, how law enforcement authorities are monitored through pretrial proceedings in the 2025 Criminal Procedure Code, and how pretrial proceedings differ from those in the 2025 Criminal Procedure Code (KUHAP) with Habeas Corpus in the UK and Rechter Commissioner in the Netherlands. This research is descriptive, using a statutory, conceptual, and comparative legal approach. It utilizes secondary data and is analyzed qualitatively. The results indicate that: 1) Substantially, the 2025 Criminal Procedure Code has attempted to address the weaknesses of pretrial proceedings, namely by expanding the scope and strengthening the pretrial mechanism, with the exception of the still unclear third party, the focus of the examination, and the procedural law used. 2) Supervision of law enforcement authorities through pretrial proceedings in the 2025 Criminal Procedure Code The scope of pretrial proceedings has expanded, with the addition of: suspect determination, searches, seizures, wiretapping, letter inspection, blocking, travel bans, unrelated seizures, case delays, and suspensions. Weaknesses include: a) Coercive measures authorized by the Chief Justice are excluded from pretrial proceedings. b) New pretrial proceedings have not been specifically regulated, and c) the examination of suspects/witnesses/victims is not included in pretrial proceedings. 3) Habeas Corpus only focuses on assessing the validity of a person's detention. The Rechter Commissioner focuses on broad oversight of investigators' actions prior to the investigation (pre-trial), while pretrial proceedings focus on a broad examination and are assessed after the action has been taken (post factum).
Copyright (c) 2025 Muhammad Yasir https://creativecommons.org/licenses/by-sa/4.0
Legal Protection for E-Commerce Websites Examined from an Intellectual Property Rights Perspective
Digital transformation in business operations has been driven by the rapid growth of the e-commerce industry in Indonesia. Protecting intellectual property rights (IPR), including copyright, trademarks, and digital information, on e-commerce sites has become increasingly legally challenging due to this trend. This study aims to analyze the legal framework for IPR protection on e-commerce platforms and identify barriers to its implementation. The study uses legislative and conceptual approaches, as well as normative legal research methodology. The findings indicate that although the legal framework for IPR protection has been comprehensively regulated, a lack of awareness among business actors, particularly MSMEs, and an inadequate monitoring and enforcement system have hampered its implementation. To build a fair, safe, and sustainable digital business ecosystem, this study highlights the importance of strengthening law enforcement, improving digital monitoring systems, and enhancing legal knowledge among business actors.
Copyright (c) 2026 Yuliani Darmawan, Sapitri Sri Rahayu, Cici Munte, Sri Septiani Dewi https://creativecommons.org/licenses/by-sa/4.0
Legal Certainty in Electronic Contracts for E-Commerce Transactions in Indonesia
The rapid expansion of e-commerce in Indonesia has led to the extensive use of electronic contracts as the primary legal instrument governing digital transactions. This development raises important legal issues related to legal certainty, particularly concerning the validity, enforceability, evidentiary value, and protection of parties involved in electronic contracts. This study aims to analyze legal certainty in electronic contracts within e-commerce transactions in Indonesia using a normative juridical approach. The research examines statutory regulations, legal principles, and doctrines related to contract law, electronic transactions, and consumer protection. The findings indicate that Indonesian law has formally recognized electronic contracts as legally binding and has acknowledged electronic documents as valid evidence. However, several challenges remain, including ambiguity in electronic consent, limitations in authentication mechanisms, evidentiary reliability, and the imbalance of bargaining power between business actors and consumers. The lack of full harmonization between traditional contract law and electronic transaction regulations also affects the predictability and consistency of legal enforcement. This study concludes that while the existing legal framework provides a basic level of legal certainty, further normative refinement and regulatory harmonization are necessary to strengthen legal protection and enhance trust in e-commerce transactions in Indonesia.
Copyright (c) 2026 Ade Pratiwi Susanty https://creativecommons.org/licenses/by-sa/4.0
Public Protection from The Risk of Criminality Based on Artificial Intelligence from a Legal Perspective Modern Crime
The development of artificial intelligence (AI) has brought about significant changes in the social, economic, and legal order. Despite the various benefits offered, the use of AI also opens up the possibility of new forms of crime that are increasingly complex, automated, transcend national borders, and difficult to identify. AI-based crimes include automated fraud, identity forgery through deepfake technology, adaptive cyberattacks, misuse of personal data, and transnational cybercrime. These phenomena pose serious threats to public security, national resilience, and public trust in digital governance. Therefore, this study examines crime patterns that utilize AI and analyzes modern criminal law responses to these risks, both in the Indonesian context and internationally. This study uses a normative juridical method with a statutory and conceptual approach to examine criminal law norms, the regulation of cybercrime, and international instruments related to the use of artificial intelligence (AI). The results of the study indicate that modern criminal law still essentially places humans and corporations as the primary subjects of criminal responsibility, while AI is viewed as a means or tool that can be exploited in committing crimes. Therefore, to ensure effective public protection from AI-based crimes, adaptive legal reforms, prevention-oriented law enforcement, strengthening corporate criminal liability, and increased international cooperation are needed.
Copyright (c) 2026 Maria Angelorum Boekan https://creativecommons.org/licenses/by-sa/4.0
The Registration of Waqf Land in Realizing Legal Certainty in Indonesia
Waqf is one of the acts of worship of Muslims. Law Number 41 of 2004 stipulates that waqf is a legal act by a waqif to separate and/or transfer part of his property to be used forever or for a certain period of time in accordance with his interests for the purposes of worship and/or public welfare in accordance with sharia. The waqf of land ownership in Indonesia requires professional management so that it can become a religious institution as well as an institution that can help the economy of Muslims. Waqf requires legal certainty to avoid conflicts in the future. Legal certainty is obtained by registering the waqf at the Land Office so that a certificate is obtained which serves as proof of ownership of the waqf land. The method used in this study is the normative juridical method. The data sources are secondary data. The data collection method was conducted through a literature study. Data processing was carried out using descriptive analysis. The registration of Waqf Land in the National Land Law System is carried out through the Land Registration mechanism regulated in Government Regulation Number 24 of 1997 in conjunction with Government Regulation Number 18 of 2021.
Copyright (c) 2026 Damianus Krismantoro, Maria Hutapea, Tiany Swastika Pramesti Kristiyadi https://creativecommons.org/licenses/by-sa/4.0
The Significance of Pancasila Education in Higher Education Institutions for Improving Students’ Legal Awareness
Pancasila is the philosophical foundation of the Indonesian nation, serving as the guiding vision for education and character development. One aspect of character building that is important to develop through Pancasila Education is the development of legal awareness, especially in shaping students who understand their own rights and obligations and those of others, and in creating an orderly and fair environment. This study aims to analyze the significance of Pancasila Education in increasing legal awareness among university students and to identify strategies for implementing Pancasila Education in order to increase legal awareness among university students. This study employs a combination of qualitative and quantitative methods, utilizing a normative approach. The results of the study show that Pancasila Education is still significant in higher education to increase legal awareness among students, with adaptive implementation and strong dedication needed to overcome challenges and maintain its relevance among students.
Copyright (c) 2026 Roberto Sitepu, Etty Indrawati, Richard Willie Handoyo https://creativecommons.org/licenses/by-sa/4.0
Sexual Violence in Public Spaces: A Criminological Study of Social and Cultural Factors
Sexual violence in public spaces continues to increase in both physical and digital spaces. This study aims to analyze the social and cultural factors that influence the occurrence of sexual violence and assess the implementation of law enforcement through a normative juridical approach. Using primary legal materials such as the TPKS Law, the Criminal Code, and sectoral regulations, as well as secondary legal materials such as criminology literature and academic studies, this study found that sexual violence in public spaces is influenced by the dominance of patriarchal culture, the normalization of aggressive sexual behavior, the practice of victim blaming, the weakness of the public space surveillance system, and the limitations of institutional responses. From a legal perspective, the TPKS Law provides a comprehensive legal basis for the prevention and handling of sexual violence, including reporting mechanisms, victim-friendly investigations, evidence-based electronic evidence, and victim recovery. However, its implementation still faces structural obstacles such as a lack of gender education, a lack of gender-responsive policies in public institutions, and a social culture that tolerates violence. These findings underscore the need for a holistic prevention strategy that combines law enforcement, gender education, strengthening the design of public spaces, and cultural change campaigns to create safe and gender-equitable public spaces.
Sexual Violence, Public Space, Feminist Criminology, Patriarchy, Victim Blaming, TPKS Law
Copyright (c) 2026 Peter Guntara, Trias Pangesti, Yessa Ayu Agista https://creativecommons.org/licenses/by-sa/4.0
Equality in Labor Regulations for People with Disabilities in Indonesia
The right to work for persons with disabilities in Indonesia is regulated in Law No. 8 of 2016 concerning Persons with Disabilities. However, in reality, not all human resources have the same capacity, including persons with disabilities (different abilities). This poses challenges for persons with disabilities in entering the workforce. These challenges arise due to attitudes towards disability in society. Basically, society is still unable to be objective in accepting and assessing differences. Many of the requirements in the recruitment selection process in the world of work still focus on the physical and mental perfection of applicants. Based on human rights, all individuals are equal, and consequently, every individual has equality because, in essence, individuals are equal and have the same status as one another. Equality is a fundamental principle of human rights. With equality, individuals have equal dignity and worth. This research is normative legal research based on issues concerning equal employment regulations and efforts to strengthen equality in the formation of inclusive labor laws for persons with disabilities in Indonesia.
Copyright (c) 2026 Imma Indra Dewi W, Koleta Donna Indhayana Putri https://creativecommons.org/licenses/by-sa/4.0
Strengthening the Criminal Law System for National Defense Against Automated Cyber Attacks Based on “Artificial Intelligence”
The development of artificial intelligence (AI) has given rise to automated cyberattacks such as botnets, deepfakes, and adaptive DDoS attacks that challenge the Indonesian criminal justice system due to the complexity of perpetrator identification, legal evidence, digital anonymity, and regulatory gaps in the ITE Law No. 11/2008 and the PDP Law No. 27/2022. This multidisciplinary legal normative research analyzes these challenges through expert interviews, TensorFlow simulations, and a comparison of Indonesia, Japan, and the Netherlands, resulting in the innovative concept of the "Penal AI Attribution Spectrum" for AI-based autonomous criminal attribution and the "AI Penal Readiness Index" (Indonesia's score is 45/100). Current regulations are considered not yet adaptive to the autonomous and global modus operandi of AI, with prospects for strengthening through the 2025 Cyber Security and Resilience Bill (KKS), AI forensic training, and collaboration between the National Cyber Security Agency (BSSN), the Indonesian National Police (Polri), and the Ministry of Law and Human Rights (Kemenkumham) similar to Europol EC3. The conclusion recommends reform of the ITE/PDP Law with an "AI-Enabled Cybercrime" chapter, a cross-sectoral task force, and harmonization of the ASEAN-Budapest Convention for a robust, ethical, and just criminal law system in the digital era.
Copyright (c) 2026 Adriani Maylinda Christina Linda https://creativecommons.org/licenses/by-sa/4.0
Analysis of Criminal Liability for Personal Data Violations: Case Studies of the General Elections Commission and E-Commerce from the Perspective of the ITE Law and the PDP Law 2023–2024
This study examines criminal liability for personal data violations in Indonesia through a normative juridical analysis of case studies involving the General Elections Commission (KPU) and e-commerce platforms during the 2023–2024 period. The research focuses on the intersection between the Electronic Information and Transactions Law (ITE Law) and the Personal Data Protection Law (PDP Law) to determine how these regulations govern the protection of personal data and the imposition of criminal sanctions. Findings reveal that while the ITE Law provides a legal foundation for addressing electronic crimes, it lacks specificity in handling cases of institutional negligence and corporate responsibility. In contrast, the PDP Law introduces comprehensive provisions, including criminal sanctions for both intentional and negligent violations, but faces enforcement challenges due to limited institutional capacity and overlapping jurisdictions. Analysis of the KPU and e-commerce data breaches shows weak legal enforcement, lack of accountability, and insufficient public awareness. The study concludes that effective personal data protection in Indonesia requires legal harmonization between the ITE and PDP Laws, establishment of a dedicated supervisory authority, and enhancement of institutional and public capacity to ensure compliance and accountability.
Copyright (c) 2025 Ilmi Firdaus Aliyah, Novandi Dwi Putra https://creativecommons.org/licenses/by-sa/4.0
Legal Review of the Settlement of Sharia Mortgage Defaults Based on DSN-MUI Fatwa No. 17/DSN-MUI/IX/2000
This study examines the legal framework governing the handling of defaults in Sharia mortgage contracts, focusing on the interpretation and application of DSN-MUI Fatwa No. 17/DSN-MUI/IX/2000. Using a normative juridical approach, the research analyzes how Islamic financial institutions address customer defaults (wanprestasi) in a manner consistent with Sharia principles and national banking regulations. The study explores the fatwa’s relevance in regulating sanctions, ensuring fairness, and preventing elements of riba while maintaining the stability of the Islamic financial system. The findings reveal that DSN-MUI Fatwa No. 17 provides clear moral and legal guidance for handling defaults through non-ribawi sanctions, such as fines dedicated to social purposes. However, discrepancies still exist between the fatwa’s moral prescriptions and its implementation due to the lack of detailed operational procedures within national law. The study concludes that better integration between Sharia norms, DSN-MUI fatwas, and Indonesian financial regulations is necessary to enhance the effectiveness, justice, and legal certainty in handling Sharia mortgage defaults.
Copyright (c) 2025 Emmi Rahmiwita Nasution, Muhamad Ammar Muhtadi, Rani Eka Arini https://creativecommons.org/licenses/by-sa/4.0
The South Kalimantan Provincial Election Commission's Strategy to Increase First-Time Voters in the 2024 South Kalimantan Gubernatorial Election
This study examines the strategy of the General Elections Commission (KPU) of South Kalimantan Province in increasing the participation of first-time voters in the 2024 South Kalimantan Gubernatorial Election (Pilgub). The study used a descriptive qualitative approach with data collection techniques through in-depth interviews with KPU South Kalimantan commissioners and data obtained from official KPU South Kalimantan reports. The results show that the KPU South Kalimantan implemented a multidimensional political communication strategy through educational, participatory, and digital approaches. Several main programs carried out included the Election Procession activities, the launch of the "Bekantan" mascot, outreach at universities, and collaboration with mass media and youth organizations. The use of social media such as Instagram, YouTube, and X (Twitter) was also carried out interactively through quizzes with prizes to attract the attention of first-time voters. This effort proved effective with an increase in the number of first-time voters from 277,777 in the 2020 Pilgub to 702,500 in the 2024 Pilgub. However, the KPU South Kalimantan still faces obstacles, such as limited budget for outreach and the lack of grouping of voter data by age category. This research emphasizes the importance of sustainable, data-driven, and inclusive political communication strategies to strengthen youth participation in local democracy.
Copyright (c) 2025 Mustafa Ramadani https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis of Red Notices in the Handling of Wanted Persons (DPO) Cases in Indonesia: A Study Based on Law No. 1 of 1979 on Extradition (Articles 2, 3, 4, 5), and Police Regulation No. 1 of 2020 on the Functions of the NCB -Interpol Indonesia, with the Case of Fugitive Former Investree CEO Adrian Gunadi as the Focus
This study examines the legal framework and implementation of Red Notices in handling fugitive cases (Daftar Pencarian Orang – DPO) in Indonesia, with a particular focus on the case of the former CEO of Investree, Adrian Gunadi. Using a normative legal analysis, the research explores the application of Law Number 1 of 1979 concerning Extradition (Articles 2, 3, 4, and 5) and Police Regulation Number 1 of 2020 concerning the Functions of the NCB–Interpol Indonesia. The findings reveal that the Red Notice serves as a crucial tool for international law enforcement cooperation but lacks the status of a binding arrest warrant under Indonesian law. Its execution depends on the harmonization between national legal sovereignty and international obligations. The study also identifies legal and institutional challenges, such as procedural inconsistencies, limited inter-agency coordination, and inadequate bilateral extradition treaties, which hinder effective implementation. The case of Adrian Gunadi highlights these weaknesses, demonstrating the need for stronger regulatory mechanisms, enhanced cooperation between NCB–Interpol Indonesia and foreign counterparts, and policy reforms to ensure due process and accountability. Overall, this research underscores the importance of integrating Red Notice practices into Indonesia’s legal framework to improve the pursuit and extradition of fugitives within the boundaries of both domestic and international law.
Copyright (c) 2025 Nabain Idrus, Ilham Akbar Bunyamin, Paramita Andiani https://creativecommons.org/licenses/by-sa/4.0
The Impact of Supreme Court Decision Number 5851 K/Pid.Sus LH/2024 on Legal Certainty in Illegal Mining Cases
This study analyzes Supreme Court Decision Number 5851 K/Pid.Sus LH/2024 and its impact on legal certainty in illegal mining cases in Indonesia through a normative juridical approach. The decision marks an important milestone in the enforcement of environmental criminal law, particularly in addressing unlicensed mining activities that cause ecological damage. By examining statutory regulations, judicial precedents, and doctrinal principles, this study reveals that the Supreme Court consistently applies the principles of strict liability and lex certa, emphasizing that illegal mining constitutes a criminal offense regardless of intent. The Court’s interpretation aligns with environmental protection objectives under Law Number 32 of 2009 and the Mining Law, promoting judicial consistency and strengthening environmental governance. The findings indicate that the decision enhances legal certainty by clarifying criminal liability standards, unifying judicial interpretation, and reinforcing the deterrent effect of environmental law. However, practical challenges remain in ensuring consistent enforcement, improving community awareness, and coordinating between central and regional authorities. Overall, this decision contributes significantly to the development of environmental jurisprudence and the realization of sustainable justice in Indonesia’s legal system.
Copyright (c) 2025 Evy Febryani, Rival Pahrijal, Agung Zulfikri https://creativecommons.org/licenses/by-sa/4.0
Bibliometric Analysis of Environmental Law Research: Identification of Thematic Focuses and Global Collaboration Networks
This study does a thorough bibliometric analysis of environmental legal research to ascertain its topic foci, intellectual framework, and global collaboration networks. The study utilizes data from Scopus and Web of Science, employing VOSviewer and Bibliometrix tools to examine publication patterns, keyword co-occurrences, and collaborations among institutions and countries from 2000 to 2025. The findings indicate three primary topic clusters: (1) environmental law and governance, (2) regulation and enforcement, and (3) climate change and sustainable development. The United States, China, and the Netherlands are the primary influential donors, while burgeoning collaborations from Asia and Latin America signify an increasing diversification of worldwide research involvement. Author and institutional networks, including prominent individuals like Heyvaert, Sands, and Peel, exemplify the international and interdisciplinary characteristics of the area. The study highlights the evolution of environmental law into a worldwide and integrated field, integrating legal theory, policy, and sustainable practices. It provides strategic ideas for enhancing collaboration, capacity development, and evidence-based policymaking in environmental governance.
Copyright (c) 2025 Loso Judijanto https://creativecommons.org/licenses/by-sa/4.0
Bibliometric Mapping of Constitutional Law Research: Global Trends and Indonesian Context (2000–2024)
This study performs a bibliometric analysis of international constitutional law research from 2000 to 2024 utilizing data from the Scopus database. The study utilizes VOSviewer and Bibliometrix to delineate author collaboration networks, institutional connections, and theme progression. Results demonstrate that constitutional law, human rights, jurisprudence, and constitutional courts represent the field's most significant themes, indicating a transition from conventional doctrinal discussions to multidisciplinary and global viewpoints. The United States, United Kingdom, Germany, Italy, and Spain lead in publishing production and international collaboration. The results underscore the globalization of constitutional study and its alignment with governance, rights, and transnational legality challenges. This research enhances comprehension of the intellectual framework, collaboration dynamics, and developing trends in constitutional law, providing valuable insights for scholars, institutions, and governments aiming to bolster academic connectedness and comparative discourse.
Execution Delay and Its Impact on the Psychological Suffering of Death Row Inmates in the Indonesian Criminal Law System
This study analyzes the issue of execution delays and their impact on the psychological suffering of death row inmates in Indonesia's criminal law system. Using a normative juridical approach, the research identifies a significant normative gap, as Indonesian positive law lacks explicit regulations governing the time limit for carrying out executions after a verdict becomes final. This legal vacuum leads to prolonged uncertainty for inmates, resulting in extreme psychological distress known as the death row phenomenon. This condition is argued to constitute cruel, inhuman, or degrading treatment, violating both international human rights principles, such as those in the ICCPR, and Indonesia's constitutional guarantees of humane treatment and legal certainty. The analysis reveals a fundamental tension between retributive justice and substantive humanity. The study concludes by emphasizing the urgent need for legal reform to establish clear execution time limits and robust oversight mechanisms. This is crucial to align Indonesia's penal system with the principles of substantive justice, human dignity, and the rule of law.
Copyright (c) 2025 Padlillah Padlillah, Heri Heriyanto https://creativecommons.org/licenses/by-sa/4.0
Iphone 13 Pro Max Intellectual Property Rights Legal Protection
This study's goal is to investigate how the iPhone 13 Pro Max's intellectual property rights are protected. The secondary data type being used in this study is primary and secondary legal resources, and one form of data collection is library studies. The methodology employed in this study is a normative juridical approach. The data analysis method is based on qualitative methods to generate descriptive-analytical information. Article 40 paragraph (1) letter f and s, Article 59 paragraph (1) letter e of the Copyright Law, Article 3 paragraph (1) of the Patent Law, Article 1 Number 1 of the Industrial Design Law, Article 1 Number 1 and Article 2 paragraph (3) of the Trademark Law, and Article 1 Numbers 1 and 2 of the Layout Designs of Integrated Circuits all provide some protection for the findings of the study on the legal protection of intellectual property rights pertaining to the iPhone 13 Pro Max.
Copyright (c) 2025 Nanda Aza Vahleza, Tashya Panji Nugraha, Fahmi Fairuzzaman https://creativecommons.org/licenses/by-sa/4.0
Progressive Steps to Maximize the Payment of Substitute Money in Corruption Crimes
Although there is a punishment for compensating for state losses brought on by corruption, laws and illegal compensation-paying activities have not been able to efficiently and optimally restore state losses. The study aims to investigate the reasons behind the suboptimal recovery of state losses attributable to corruption through compensation payments, and to identify progressive legislative measures that might enhance the effectiveness of compensation in rectifying these losses. This study employs a normative research methodology, utilizing secondary data derived from legal texts. Techniques for acquiring legal information through literature review. The research results suggest that: 1. The punishment for paying substitute money does not provide the best return of state losses resulting from corruption because: a) there are unclear criminal arrangements for paying substitute money, and b) there are no rules pertaining to the crime of paying substitute money, c) Confiscation Constraints for Payment of Substitute Money, d) Individual Convicts Prefer Subsidiary Prison Instead of Paying Substitute Money, Interpretation of the Purpose of Criminal Application of Substitute Payment Penalties, and f) PERMA Number 5 of 2014's shortcomings in relation to the charge of using extra replacement money in corruption-related activities. 2. To guarantee that the criminal payment of compensation in corruption may most effectively recoup state losses, the following progressive legislative steps are required: a) Subsidies are not included in the penalty for paying compensation, b) The existence of the Law on Confiscation and Forfeiture in Corruption Crimes, c) Return of state losses through compensation money taking into account the value of interest, d) Return of state losses through Bankruptcy Efforts or PKPU of Corrupt Corporations, and e) Corrupt Corporations are restored to Survive and Pay Obligations.
Review of Law Number 11 of 2020 on Job Creation: Constitutionality Test Based on Constitutional Court Decision Number 91/PUU-XVIII/2020
This study conducts a normative legal analysis of Law Number 11 of 2020 on Job Creation (commonly referred to as the Omnibus Law), focusing on its constitutionality as assessed in Constitutional Court Decision Number 91/PUU-XVIII/2020. The research examines the legal and procedural foundations of the law's formation and evaluates whether it adhered to the standards set by the 1945 Constitution of the Republic of Indonesia. The Constitutional Court declared the law "conditionally unconstitutional," citing procedural violations such as insufficient public participation, lack of transparency, and post-ratification changes. This paper discusses the legal reasoning behind the Court’s decision, the legislative implications of using the omnibus method, and the broader impact on Indonesia's legal and democratic processes. The findings emphasize the importance of constitutional compliance, legislative discipline, and meaningful public involvement in lawmaking to ensure legal certainty and democratic accountability
Copyright (c) 2025 Ahmad Burhanuddin, Yana Priyana https://creativecommons.org/licenses/by-sa/4.0
An Analysis of the Legal Responsibility of Team Physicians for ACL Injuries Among Indonesian Liga 1 Players in Light of Law Number 17 of 2023 on Health
This study analyzes the legal liability of team doctors in cases of Anterior Cruciate Ligament (ACL) injuries in Indonesian League 1 players, reviewed from Law Number 17 of 2023 concerning Health. The background of this study is based on the high risk of ACL injury in professional football athletes and the complexity of applying medical care standards in the context of sports. The method used is normative legal research with statute, conceptual, and case approaches, utilizing primary materials (Law 17/2023, Criminal Code, PSSI/LIB regulations), secondary (health law journals, sports medicine books), and tertiary (legal dictionaries). The results of the study show that the responsibility of team doctors includes civil, criminal, ethical, and administrative dimensions; Law 17/2023 strengthens the accountability framework through Article 440 concerning criminal sanctions for medical negligence, as well as the rights and obligations of patients-athletes. However, it is evident that there is a gap in the qualification standards of Liga 1 team doctors and the absence of specific protocols for handling ACL injuries, which makes it difficult to prove negligence. The main recommendations include improving medical qualifications, drafting detailed protocols, and socializing obligations based on Law 17/2023 to clarify treatment standards and strengthen athletes' legal protection.
Copyright (c) 2025 Putu Yudi Pradnyana, Ni Luh Gede Astariyani, I Wayan Budiasa https://creativecommons.org/licenses/by-sa/4.0
Legal Aspects of Occupational Health and Safety in Healthcare Facilities
Occupational Health and Safety (OHS) is a fundamental legal and ethical mandate designed to protect workers, especially in high-risk environments such as healthcare facilities. Despite the existence of a solid legal framework in Indonesia—including Law No. 1 of 1970 and Ministry of Health Regulations No. 66/2016 and No. 52/2018—national data reveal a continued rise in workplace accidents and occupational diseases, with needlestick injuries (NSIs) representing a prominent and alarming hazard. This study investigates the legal and ethical dimensions of OHS implementation in healthcare service facilities, analyzing systemic gaps between regulatory provisions and practical enforcement. Factors such as high workload, lack of safety-engineered devices, underreporting of incidents, and inadequate regulatory oversight contribute to persistent occupational risks. Ethically, the ongoing prevalence of avoidable incidents like NSIs raises serious questions about the institutional responsibility to uphold principles of non-maleficence, justice, and professional duty of care. The study concludes with legal and ethical recommendations to enhance enforcement mechanisms, bridge compliance gaps, and build a holistic safety culture in healthcare settings.
Copyright (c) 2025 Ketut Suparna https://creativecommons.org/licenses/by-sa/4.0
Juridical Review of the Inconsistencies in Medical Practice Licensing in the Implementation of Telemedicine from the Perspective of Indonesian Health Law
This study aims to identify and analyze the legal inconsistencies in medical practice licensing within the implementation of telemedicine services in Indonesia. As the use of telemedicine continues to grow as an alternative means of delivering remote healthcare, various legal challenges have emerged, particularly concerning the validity of medical practice licenses across different jurisdictions, violations of standard operating procedures, and potential misuse of patient data. This research provides a comprehensive examination of the legal implications that may affect three key entities: doctors, other healthcare professionals, and telemedicine service providers. The analysis is conducted through the lens of civil, criminal, and administrative malpractice frameworks. The study also reviews relevant national regulations governing telemedicine practices, including the Medical Practice Law, the Health Law, Ministry of Health Regulations (Permenkes), and the Electronic Information and Transactions Law (ITE Law). The findings reveal significant legal gaps, especially in the recognition of practice licenses across regional boundaries, patient data security, and accountability in digital health services. This research offers legal policy recommendations, such as regulatory harmonization, strengthened oversight mechanisms, and enhanced legal capacity-building for healthcare professionals involved in telemedicine practices.
Copyright (c) 2025 Novita Andrayani Susanti, Sagung Putri M. E. Purwani , I Gusti Agung Mas Rwa Jayantiari https://creativecommons.org/licenses/by-sa/4.0
The Digitization of Islamic Philanthropy: Legal Accountability of Amil Zakat Institutions in Zakat Management via E-Commerce
The digitalization of Islamic philanthropy has compelled amil zakat institutions to adapt to technological advancements, including through partnership with e-commerce platforms such as Shopee. While this collaboration facilitates muzakki in fulfilling their zakat obligations, it raises legal questions concerning the accountability of zakat institutions in managing digital zakat funds. This study aims to examine the practice of digital zakat management via e-commerce platforms, the legal relationships among the involved parties, and the form of accountability borne by amil zakat institutions in distributing zakat through digital means. This research employs a normative legal methodology, utilizing statutory and conceptual approaches. The findings indicate that, despite the absence of specific regulations governing zakat through e-commerce, zakat institutions remain fully legally accountable under Law No. 23 of 2011 and Government Regulation No. 14 of 2014. Such accountability encompasses administrative, moral, and social responsibilities. The lack of technical regulations concerning digital zakat transaction mechanisms and standardized reporting indicates weak institutional accountability, potentially undermining public trust in digital zakat practices. Therefore, a regulatory framework is urgently needed one that accomodates digital innovation while ensuring transparency and accountability in accordance with sharia principle.
Copyright (c) 2025 Utiyafina Mardhati Hazhin, Yosefina Elinda Sunur https://creativecommons.org/licenses/by-sa/4.0
Handling of Missing Persons Reports Suspected of Victims of Crimes and Problems in Uncovering the Truth of the Case by the Salaman Sector Police
The development of society and globalization have made crimes such as kidnapping, murder, and rape more diverse. In Indonesia, missing persons reports are often the beginning of the revelation of criminal acts, but the handling by the police is still slow and not uniform. Some reports are only processed after 1x24 hours, even though time is crucial. At the Salaman Police Station, 32 cases of missing persons in 2021-2025 led to criminal acts, showing the need for improvement. Handling must be fast, precise, and uniform without administrative delay, in accordance with the provisions of the Criminal Procedure Code and police regulations that require immediate service and victim protection. Standard regulations are needed that regulate the operational standards for handling missing persons reports, especially if they contain suspected criminal acts. This research uses a normative juridical method with a legal approach and a conceptual approach. To strengthen the argument, an interview was conducted with the Head of the Criminal Investigation Unit of the Salaman Police in a structured manner. This research uses a normative-empirical type of research. The approaches used in this study are the laws and regulations approach, and the case approach. Normative-empirical research uses primary data and is supported by secondary data. The results of the study concluded that the action taken by the Salaman Sector Police of Magelang Regency when there is a report of a missing person suspected of being a victim of a crime is to follow up in accordance with the SOP for the Acceptance of Police Reports and the SOP for Public Visits in accordance with Article 7 letters c and d of the Regulation of the National Police of the Republic of Indonesia Number 7 of 2022 concerning the Professional Code of Ethics and the Commission of the Code of Ethics of the National Police of the Republic of Indonesia, and Article 1 number 4 of the Regulation of the Chief of the National Police of the Republic of Indonesia Number 6 of 2019 concerning Criminal Investigation. The Salaman Police directly followed up on missing person complaints without following the 1 x 24-hour waiting mechanism, and followed up on missing person complaints in the same way by following up on reports of suspected criminal acts. The reason is that missing person complaints can develop into reports of alleged criminal acts, as well as problems in uncovering the truth of the case of handling missing persons reports in the Salaman Sector Police, Magelang Regency is based on the theory of factors that affect law enforcement by Soerjono Soekanto, namely regarding community factors and cultural factors.
Copyright (c) 2025 Oka Putra Nugrahanto, Basri, Yulia Kurniaty https://creativecommons.org/licenses/by-sa/4.0
Police Authority and the Role of Traffic Infrastructure in Law Enforcement Against Traffic Violations in Badung District
Police authority and the role of traffic infrastructure are very important in law enforcement against traffic violations in Badung Regency. The police act as law enforcers in charge of regulating, guarding, escorting, and patrolling traffic. Traffic infrastructure, such as signs, road markings, and traffic lights, support the police in regulating and controlling traffic flow. Obstacles to Law Enforcement Against Traffic Violations in the Badung Resort Police, including: a. lack of cars available to conduct traffic patrols. b. lack of traffic police personnel. c. lack of traffic patrol hours. d. lack of cooperation from the community to realize the condition of the traffic. lack of cooperation from the community to realize orderly, safe and smooth traffic conditions, including: a) Riders who run away at high speed during traffic operations b) Riders never feel deterrent even though they have repeatedly committed traffic violations c) The number of people who inform information about traffic operations to other motorists so that other motorists are reluctant to pass through roads that are being held traffic operations. d) Always abuse the position of parents, family and relatives when conducting traffic operations.
law enforcement and the role of the police
Copyright (c) 2025 Made Andrey Dwipayana Putra, Erikson Sihotang, Mulyawan Subawa https://creativecommons.org/licenses/by-sa/4.0
Criminal Liability for the Perpetrator of Fraud with the Modus of Lending Motorized Vehicles
Fraud in the form of borrowing motor vehicles under false pretenses is a type of crime that exploits trust in social relationships and is often overlooked in legal discussions. This study aims to analyze the application of Article 378 of the Indonesian Criminal Code and judicial considerations in determining criminal liability in fraud cases using the case study of Decision Number 102/Pid.B/2024/PN Kotabumi. The research employs a normative juridical method using literature and document analysis to examine the legal framework and factual evidence. Findings indicate that the elements of fraud, both objective and subjective, were fulfilled convincingly. The court imposed a 2-year and 6-month prison sentence, considering both juridical and non-juridical aspects. This study highlights the importance of distinguishing fraud from civil disputes in cases involving personal relationships and emphasizes the necessity for consistent law enforcement to ensure justice and legal certainty.
Copyright (c) 2025 Enjelia Putri Agustina, Nisa Fadhilah https://creativecommons.org/licenses/by-sa/4.0
Analysis of Law Enforcement in the Perspective of Law Number 32 of 2009 concerning Illegal Mining and Environmental Damage
This study investigates the enforcement of Law Number 32 of 2009 concerning Environmental Protection and Management, with a specific focus on addressing the phenomenon of illegal mining and its contribution to environmental degradation in Indonesia. Through a normative juridical approach, the research analyzes legal provisions, regulatory structures, and institutional mechanisms that govern environmental law enforcement. The findings reveal that although the law provides comprehensive tools—including administrative, civil, and criminal sanctions—its enforcement is often hindered by institutional fragmentation, weak monitoring systems, limited public participation, and political interference. Illegal mining continues to thrive in various regions, causing severe environmental damage such as deforestation, water pollution, and soil erosion. The study highlights the urgent need for integrated law enforcement, inter-agency coordination, legal reform, and community empowerment. Strengthening these areas is critical to realizing environmental justice and sustainability through effective legal implementation.
Copyright (c) 2025 Muhamad Ammar Muhtadi, Mila Surahmi , Citra Dewi Saputra, Zaimah Husin, Emmi Rahmiwita Nasution https://creativecommons.org/licenses/by-sa/4.0