Journal of Law, Politic and Humanities (JLPH) from Volume 5 Number 2 of 2024 to Volume 10 Number 1 of 2029 Accredited Sinta Rank 3 according to Accreditation number: 295/C/C3/KPT/2026, February 3rd, 2026. Journal of Law, Politic and Humanities (JLPH) is a research journal in the field of Law, Humanities, and Politics published since 2020 by Dinasti Research Publisher under the auspices of the Yayasan Dharma Indonesia Tercinta (DINASTI) and Universitas Winaya Mukti (UNWIM) Bandung. This journal aims to disseminate research results to academics, practitioners, students, and other parties with an interest in the field of law. The editor accepts manuscripts that have never been published by other media. Published research is the personal opinion of the researcher and not the opinion of the editor or Dinasti Research. The journal is published periodically 6 (six) times a year. The selection of articles to be published in JLPH has gone through a review process by the editorial team taking into account the following matters: Fulfillment of the requirements for journal publication standards, research methods used, significance, and contribution of research results to the development of Law and Social Sciences.
Authors who publish their manuscripts in this journal agree to the following conditions: The copyright on each article belongs to the author(s). The author acknowledges that the Journal of Law, Poliitic and Humanities (JLPH) has the right to be the first to publish with a Creative Commons Attribution 4.0 International license (Attribution 4.0 International (CC BY 4.0). Authors can submit articles separately, arrange for the non-exclusive distribution of manuscripts that have been published in this journal into other versions (e.g., sent to the author's institutional repository, publication into books, etc.), by acknowledging that the manuscript has been published for the first time in the Journal of Law, Poliitic and Humanities (JLPH).
The Influence of Leadership and Work Environment on Employee Work Morale at the East Kutai Regional Secretariat
This study adopts an explanatory design aimed at examining how leadership and workplace conditions affect outcomes on employee morale at the Regional Secretariat of East Kutai Regency. This study analyzes the Independent variable of leadership (X1) with indicators of Guiding, Building and motivating, Driving the organization, Establishing good communication. The work environment variable (X2) with indicators of Facilities and Infrastructure, Work Relations, Tranquility, Lighting and Cleanliness and the Dependent variable of Work Morale (Y) with indicators of absenteeism, cooperation, job satisfaction and discipline. Data analysis used is Data were analyzed through association testing, explanatory power assessment, and linear modeling via SEM-PLS morale with a p value of 0.000 <0.05, T statistic 10.486 > 1.96 and a positive path coefficient of 0.576. The direction of the positive influence indicates that the better the leadership, the better the employee's work morale will be. And workplace conditions significantly affect employee enthusiasm as indicated by statistical testing of 0.000 <0.05, T statistic 7.640 > 1.96 and a positive path coefficient of 0.450. The direction of this positive influence indicates improvements in workplace quality lead to higher employee motivation.
Copyright (c) 2026 Sovia Udau, Cathas Teguh Prakoso, Santi Rande https://creativecommons.org/licenses/by/4.0
Implementation of the Duties and Functions of the Intelligence and Security Directorate (Intelkam) of the Central Kalimantan Regional Police in Handling Narcotics Crimes as Transnational Crimes and Their Prevention Efforts
Narcotics crime is a global problem that requires a multidimensional approach, considering its characteristics as transnational crimes that cross national borders. The modernization of technology and the development of information flows further complicate the handling of these crimes, with the emergence of increasingly sophisticated modus operandi and a wide network of organizations. Indonesia, especially Central Kalimantan, faces major challenges in addressing illicit narcotics trafficking that threatens public health and social stability. The role of the Directorate of Security Intelligence of the Central Kalimantan Regional Police is very crucial in efforts to prevent and handle cross-border narcotics crimes, considering that this area is a transit route that is prone to narcotics syndicate activities. This study aims to analyze the implementation of the duties and functions of the Central Kalimantan Police Intelligence Directorate in tackling narcotics crimes as transnational crimes, focusing on the effectiveness of inter-agency coordination, the use of intelligence technology, as well as challenges and opportunities in optimizing the role of Intelkam. This study uses a normative approach to understand the dynamics of cross-border narcotics crimes, as well as state efforts to overcome them. The results of the study are expected to provide insight into strategies in overcoming the threat of narcotics trafficking, as well as the importance of inter-agency collaboration in handling cross-border crime in Indonesia.
Copyright (c) 2026 Hansel Gavra Jehoshapat https://creativecommons.org/licenses/by/4.0
Implementation of Administrative Sanctions for Violations of the Prohibition on Giving Money and Goods to Vagrants and Beggars in the Special Region of Yogyakarta
This study aims to analyze the application of administrative sanctions in law enforcement against violations of the prohibition on giving money and goods to homeless people and beggars in the Special Region of Yogyakarta from the perspective of state administrative law. This study uses a normative legal research method (juridical normative) with a statutory approach and a conceptual approach. The results of the study indicate that the application of administrative sanctions against violations of the prohibition on giving money and goods is an instrument of social control that falls under the authority of the regional government as a form of government coercion (bestuursdwang). The applied administrative sanctions, such as verbal warnings, written warnings, and other administrative actions, aim to foster public legal compliance and support the effectiveness of social development and rehabilitation programs. However, the effectiveness of the implementation of these sanctions still faces various obstacles, including low public legal awareness, strong social empathy values ​​that encourage violations, limited apparatus resources, and weak coordination between related agencies. In addition, the validity of administrative actions is highly dependent on the apparatus' compliance with the General Principles of Good Governance (AUPB), especially the principles of legal certainty, proportionality, and accuracy.
Copyright (c) 2026 Muhammad Yusrizal, Lego Karjoko https://creativecommons.org/licenses/by/4.0
Legal Analysis of The Responsibility of Flat House Developers in Fulfilling The Sales Purchase Binding Agreement (PPJB) As Reviewed From Law No. 20 of 2011 Concerning Flat Houses
This research is conducted to examine the juridical aspects construction of developers’ liability in the implementation of Sale and Purchase Binding Agreements (PPJB) for apartment units under Law Number 20 of 2011 on Flats, as well as the mechanisms for resolving consumer disputes. This research applies a doctrinal legal framework grounded in legislation, legal theory, and judicial decisions legislation, scholarly literature, and the Decision of the Yogyakarta High Court Number 91/PDT/2020/PTYYK as analytical materials. The findings indicate that developers’ liability forms a multi-layered liability system encompassing administrative, criminal, and civil responsibility. However, in practice, enforcement is predominantly pursued through breach of contract claims under the Civil Code, while administrative and criminal sanctions have not been optimally implemented. This reflects a gap between normative provisions and practical enforcement. The study concludes that developers’ liability demonstrates a hybrid liability character, combining contractual and public regulatory responsibility, thereby requiring stronger supervision and consistent law enforcement to ensure consumer protection and legal certainty.
Copyright (c) 2026 Sentiana Br. Lumban Tobing, Janpatar Simamora, Ria Juliana Siregar https://creativecommons.org/licenses/by/4.0
Online Hospital Medical Dispute Resolution Model To Create Fairness
This study aims to analyze the arrangement and implementation of online medical dispute resolution in hospitals to ensure legal certainty, as well as formulate an ideal form of the resolution model to realize justice in the future. The research method used is normative juridical with a qualitative approach through a statute approach to health regulations and electronic transactions. Legal materials were collected through literature studies at the National Library and analyzed descriptively analytically to answer the complexity of medical disputes in the digital ecosystem. The arrangement for online medical dispute resolution currently still relies on Law Number 17 of 2023 concerning Health, which requires non-litigation mediation as a first step, as well as the ITE Law as the basis for the validity of electronic documents. Implementation in hospitals is still fragmentary through medical committees or internal complaint units that are limited to simple online communication, but do not yet have special regulations for Online Dispute Resolution (ODR) outside the courts that comprehensively regulate mediator standards and data security. The condition of the absence of a standard standard creates legal uncertainty, especially regarding the strength of execution of the results of online mediation agreements. The ideal model of the future requires an integrated ODR platform that includes video mediation features, encrypted medical records, as well as the involvement of a certified neutral mediator who understands health law and professional ethics. This system prioritizes the principle of restorative justice to restore the therapeutic relationship between patients and medical personnel through a transparent, efficient, and accountable process.
Copyright (c) 2026 Hawreyvian Rianda Seputra, Dewi Iryani, Gradios Nyoman Tio Rae https://creativecommons.org/licenses/by/4.0
Juridical Analysis of the Legal Liability of Human Smuggling Perpetrators According to Law Number 6 Of 2011 Concerning Immigration (Case Study: Decision Number 684/Pid.Sus/2025/PN Mdn)
Human smuggling is an immigration-related criminal offense that has serious impacts on state sovereignty and legal order. Although it has been explicitly regulated in Law Number 6 of 2011 concerning Immigration, the enforcement of this law still faces various challenges, particularly regarding the legal liability of perpetrators and judicial considerations in assessing the fulfillment of criminal elements, especially when the perpetrator is an Indonesian citizen. This research aims to analyze the legal liability of perpetrators who transport people across national borders without using valid travel documents and to examine the legal basis of judicial considerations in Decision Number 684/Pid.Sus/2025/PN Mdn. The method used in this research is normative legal research with statutory and case approaches. The results of this study indicate that legal liability can be imposed if all elements of Article 120 paragraph (1) of the Immigration Law are fulfilled, including the element of intent and the act of transporting people across national borders illegally. Judicial considerations are based on the proof of intent, the active role of the perpetrator, and the commission of acts outside the immigration inspection mechanism, so that the decision reflects efforts to protect state sovereignty and prevent human smuggling.
Copyright (c) 2026 Rini Oktavia Siboro, Janpatar Simamora, Samuel F.B Situmorang https://creativecommons.org/licenses/by/4.0
Criminalization of Corporate Business Policy as a Corruption Crime: Study of ASDP Case Ira Puspadewi (Decision No. 68/Pid.Sus-TPK/2025/PN Jkt.Pst)
This study analyzes the criminalization of corporate business policy in the corruption case involving Ira Puspadewi, President Director of PT ASDP Indonesia Ferry, as adjudicated in Decision No. 68/Pid.Sus-TPK/2025/PN Jkt.Pst. Employing a normative juridical method with conceptual and case approaches, the research examines the tension between formal legal certainty and substantive justice in the application of Articles 2 and 3 of the Indonesian Anti-Corruption Law. The findings reveal that the court predominantly relied on a formalistic interpretation emphasizing the fulfillment of statutory elements, particularly unlawful conduct and state financial loss, despite the absence of proven mens rea or personal enrichment. The dissenting opinion invoked the Business Judgment Rule, highlighting the necessity of distinguishing managerial risk from criminal misconduct. The study concludes that excessive formalism risks overcriminalizing corporate discretion and underscores the need for a proportional, context-sensitive enforcement paradigm.
Copyright (c) 2026 Dionysius Yasmin Pongkor https://creativecommons.org/licenses/by/4.0
Legal Protection and the Role of the State in Online Lending and Online Arisan
In the contemporary world, economic activities have increasingly transformed into electronic transactions. The use of electronic technology in money-lending activities and arisan has shifted practices that were previously conducted face to face into more practical online formats. Electronic technology has significantly accelerated and simplified these processes. Online lending and online arisan have emerged as two phenomena that are becoming increasingly prevalent, particularly as the intensive use of digital devices has led to a high level of dependency within society. Technological developments have facilitated rapid access to cash through online platforms, while online arisan arrangements have made the organization of arisan activities considerably easier. Both phenomena generate substantial social and economic impacts; however, they also give rise to various challenges related to security and regulation. Further research is therefore required to understand the legal relationships and the resolution of legal consequences arising from the implementation of online lending and online arisan, as, in practice, online lending has frequently resulted in debtors becoming financially distressed and unable to meet their repayment obligations, while many arisan participants have been trapped in fraudulent arisan schemes. The issues examined in this study concern how online lending (pinjol) and online arisan (arisol) operate as economic activities within society, how they are regulated, and how state protection is provided in practice in relation to these activities. These issues are examined through normative legal research employing a statutory approach and a case approach, grounded in theories of obligations and legal protection. Ultimately, this study concludes that there is a need to provide guarantees for debtors and arisan participants, which may take the form of a dedicated protection institution or a mandatory insurance mechanism.
Copyright (c) 2026 Andreas Eno Tirtakusuma https://creativecommons.org/licenses/by/4.0
Criminal Sentencing of Doctors as Perpetrators of Sexual Violence Against Patients from the Perspective of the Objectives of Punishment
Sexual violence committed by doctors against patients constitutes a serious criminal offense that not only violates criminal law provisions but also undermines human values, professional ethics, and public trust in healthcare services. The unequal power relations between doctors and patients place victims in a vulnerable position, thus requiring a fair, firm, and victim-oriented sentencing system. This research aims to analyze the legal regulation and application of criminal sentences for sexual violence committed by doctors against patients within the Indonesian criminal law system, as well as to formulate ideal sentencing policies for the future. The research problems are formulated as follows: (1) how are the legal regulations and implementation of sentences for sexual violence committed by doctors against patients within the Indonesian criminal law system; and (2) how should future sentencing policies for such crimes be developed from the perspective of Indonesian criminal law. This study employs normative legal research methods using statutory, conceptual, and case approaches, particularly through the analysis of Decision of the Palembang District Court Number 919/Pid.B/2024/PN Plg. The data are analyzed qualitatively using descriptive-analytical methods. The results of this study indicate that, normatively, the legal framework governing sentencing for sexual violence has been established in the Criminal Code (KUHP), Law Number 12 of 2022 concerning Sexual Violence Crimes, and other relevant regulations. However, in practice, the implementation of sentencing still faces various obstacles, particularly in terms of evidentiary challenges, unequal power relations between doctors and patients, and victims' reluctance to report due to social stigma and psychological pressure. Furthermore, the sentence imposed in court decisions has not fully reflected substantive justice, as it has not thoroughly considered the psychological impact and long-term trauma experienced by victims. Based on these findings, it is recommended that legal regulations be strengthened, particularly regarding sentencing enhancements for perpetrators from certain professions, improvement of evidentiary mechanisms, and integration of criminal sanctions with administrative and professional ethical sanctions. Accordingly, the sentencing system is expected to provide maximum protection for victims, create a deterrent.
Copyright (c) 2026 Pratiwi Dwi Saputri, Hafrida, Herry Liyus https://creativecommons.org/licenses/by/4.0
Strategic Intelligence Analysis on the Urgency of Establishing a Cyber Force in Indonesia
This article examines the urgency of establishing an Indonesian Cyber Force from a strategic intelligence perspective. Cyber threats against national strategic infrastructure continue to escalate, as reflected in billions of detected cyber traffic anomalies in 2025 and the hacking of the Temporary National Data Center (PDNS) in 2024. This study aims to analyze the institutional, regulatory, and cyber defense capacity gaps Indonesia faces amid increasingly asymmetric and difficult-to-attribute threats. A descriptive-analytical qualitative method with a normative-empirical orientation was applied through policy document analysis, statutory review, and in-depth interviews with expert informants in intelligence, defense, and cybersecurity. The results indicate a strategic gap between the escalation of multidimensional cyber threats and the current institutional readiness of Indonesia's defense. The study concludes that establishing a Cyber Force is a logical consequence of the shifting non-conventional threat paradigm. The primary recommendation is a phased approach starting from the consolidation of a unified cyber command to the evolution into an independent fourth branch within the Indonesian National Armed Forces to ensure digital sovereignty and adaptive national resilience.
Copyright (c) 2026 Suwandi, Suhardi, Budi Prasetiyono, Dwi Surjatmodjo, Yanuar Adi Legowo https://creativecommons.org/licenses/by/4.0
The Effectiveness of Elektronic Hearings on Civil Case Proceedings at the Tanjung Karang District Court
The implementation of electronic trials in civil cases is part of the judicial modernization agenda that aims to realize the principles of simple, fast, and low-cost justice. This study analyzes the effectiveness of electronic trials on civil case proceedings at the Tanjung Karang District Court from the perspective of civil procedural law. The research method used is normative-empirical legal research with a legislative, conceptual, and case approach. Data was obtained through literature study and field research in the form of interviews and observations of electronic trial practices. The results of the study show that the implementation of e-court and e-litigation at the Tanjung Karang District Court has normatively supported the realization of case administration efficiency, particularly at the registration and response stages. However, this effectiveness is not yet fully uniform, especially in terms of access to justice for those seeking justice who have limited digital literacy and are not accompanied by legal counsel. In addition, the evidence stage remains a crucial issue due to doubts about the authenticity and strength of electronic evidence, which in practice often requires verification of physical documents. This study concludes that the effectiveness of electronic trials is not only determined by the availability of regulations and technology, but also by the readiness of human resources, the legal culture of society, and the active role of judges in maintaining procedural justice. Therefore, strengthening digital literacy, legal assistance, and improving the legal framework for evidence are important prerequisites for optimizing electronic trials in civil cases
Copyright (c) 2026 Risky Widodo Risky Widodo, Nadia Resky, Eka Antonia Saputri, Sri Zanariyah https://creativecommons.org/licenses/by/4.0
Formation of Laws Based on The Omnibus Method that Meet Standards of Meaningful Participation
The formation of laws based on the omnibus method attempts to combine various themes in one law and accelerate the legislative process, but has the potential to reduce the quality of participation. Using a legislative approach, comparative studies, and conceptual, this article analyzes how the concept and practice of community participation and what standards are used as benchmarks for meaningful participation in the formation of laws based on the omnibus method. As a result, a country that adheres to the concept of people's sovereignty must fulfill the principle of openness with community participation as its main pillar. Omnibus as a method in the formation of laws often reaps controversy because it does not provide sufficient public access and participation space for the community. The active involvement of the community and stakeholders or related parties affected to provide input and suggestions through a public consultation mechanism at the stages of submitting draft laws, discussions and joint approvals is a standard of meaningful participation that must be met in the formation of laws based on the omnibus method.
Copyright (c) 2026 Marsudi Dedi Putra, Heristiawan Aryo Wirotomo https://creativecommons.org/licenses/by/4.0
Mechanism for Spatial Utilization Activity Compliance in Mining Business Licensing and Its Implications for Environmental Preservation
Indonesia's abundant natural resources, including the mining sector which contributes significantly to the country's economy, must be utilized carefully to preserve the environment. One of the main requirements for obtaining a business license is the Spatial Utilization Conformity Instrument (KKPR). The KKPR ensures that all business activities, including mining, can only be carried out in areas that are legally, ecologically, and spatially declared through digital verification of the RTRW and RDTR in the OSS system. This study aims to analyze the mechanism of spatial utilization activity compliance in mining business permits. This study uses a normative juridical approach, examining the rules, principles, and norms of positive law related to environmental preservation and the Mechanism of Spatial Utilization Activity Compliance (KKPR) in mining business licensing. Based on the results of the study, the KKPR mechanism in mining business permits is normatively designed as a spatial planning-based preventive instrument, but after the Job Creation Law, it tends to shift to an administrative instrument that depends on OSS and the availability of RDTR, thereby weakening its substantive control function. Furthermore, the implications of KKPR for environmental conservation have not been effective because assessments often ignore the carrying capacity and capacity of the environment, as reflected in the cases of mining on Sangihe Island and Trenggalek.
Copyright (c) 2026 Ardi Sirajudin Ra’uf, Imamulhadi, Yulinda Adharani https://creativecommons.org/licenses/by/4.0
Legal Implications of The Rejection of The Annual Report of PT Asuransi Jiwasraya (Persero) By Shareholders on The Protection of Customers' Rights to Claims Due
This study aims to analyze the legal implications of the rejection of PT Asuransi Jiwasraya (Persero)'s annual report by shareholders on the protection of customers' rights to due claims. The rejection of the annual report indicates serious problems in corporate governance, including indications of manipulation of financial statements, violations of Good Corporate Governance principles, and the company's inability to fulfill contractual obligations to customers. The research method uses normative and empirical juridical approaches with analytical descriptive specifications, through the analysis of laws and regulations, legal literature, and related documents. The results show that the rejection of the annual report does not remove the company's obligation to pay customer claims, and the directors and commissioners can still be held legally liable. The customer as a creditor has the right to legal protection through a default lawsuit and other legal mechanisms. This research emphasizes the importance of strengthening effective supervision, accountability, and legal protection for customers in the Indonesian insurance industry to ensure legal certainty and public trust.
Copyright (c) 2026 Arif Pratomo Yekti Wibowo, Sufiarina Sufiarina https://creativecommons.org/licenses/by/4.0
Veiled Hegemony: China’s Influence in BRICS through the Belt and Road
This study analyzes China’s strategic use of the association of Brazil, Russia, India, China, and South Africa as an institutional platform to advance the Belt and Road Initiative and strengthen its influence in global governance. The research aims to explain how China consolidates hegemonic leadership through institutional mechanisms within the grouping. Using Antonio Gramsci’s theory of hegemony, the study conceptualizes dominance as operating through material power and ideological leadership. The research employs qualitative methods based on documentary analysis of official reports, summit declarations, and relevant literature. The findings identify three interconnected mechanisms. First, China promotes narratives of multipolarity and South–South cooperation to construct ideological leadership. Second, China institutionalizes its agenda through the New Development Bank, where infrastructure financing aligns with connectivity objectives of the Belt and Road Initiative. Third, China’s dominant economic position within the grouping generates structural dependencies that influence member states’ policy autonomy. The study concludes that this institutional synergy reconfigures, rather than eliminates, hegemonic structures in global governance through consensual arrangements.
Copyright (c) 2026 Benedictus Halleyando Muji , Reni Windiani https://creativecommons.org/licenses/by/4.0
The Implementation of Castration as an Additional Punishment Imposed on Perpetrators of Sexual Harassment in Indonesia
The Implementation of Castration as an Additional Punishment Imposed on Perpetrators of Sexual Harassment in Indonesia discusses the phenomenon of increasing sexual violence cases, which highlights the urgency of strengthening the criminal justice system. This research aims to analyze the legal basis, objectives, and implementation of chemical castration within Indonesia’s criminal law system. The research method employed is normative juridical, using statutory and conceptual approaches through the analysis of legislation, court decisions, and academic literature. The findings indicate that chemical castration is regulated under Law Number 17 of 2016 and Government Regulation Number 70 of 2020 as an additional punishment for perpetrators of sexual violence against children. Its application is based on the combined theory of punishment, which emphasizes aspects of retribution, deterrence, and rehabilitation. In conclusion, although chemical castration possesses legal legitimacy and preventive objectives, its implementation still faces ethical, medical, and constitutional challenges that must be addressed to ensure its effective enforcement.
Copyright (c) 2026 Sinintha Yuliansih Sibarani, Mutia Lazuardhany https://creativecommons.org/licenses/by/4.0
The Authority of Notaries in Executing Deeds Beyond Their Official Jurisdiction: A Study of the Principle of Territoriality and Legal Certainty
This study aims to analyze the authority of Notaries in executing deeds outside their official jurisdiction based on the principles of territoriality and legal certainty. The issue arises because, in practice, some Notaries draft deeds beyond their designated jurisdiction as determined in their appointment decree, which normatively contradicts Article 18 of Law No. 2 of 2014 concerning Notary Office. This situation raises legal concerns regarding the validity of the deed and the accountability of the Notary as a public official. This research employs a normative juridical method with statutory, conceptual, and case approaches. The statutory approach examines the relationship between the territorial principle and the implementation of notarial authority. The conceptual approach explores theories of competence and legal certainty, while the case approach reviews several Supreme Court decisions addressing the overreach of notarial jurisdiction. The findings indicate that executing a deed outside the official jurisdiction constitutes an ultra vires act, reducing the authenticity of the deed and potentially rendering it void. Therefore, strengthening regulations and supervisory mechanisms by consistently applying the territorial principle is essential to ensuring legal certainty and protecting good-faith parties.
Copyright (c) 2026 Khayan Abrori, Habib Adjie https://creativecommons.org/licenses/by/4.0
Notary Liability for Typographical Errors in Authentic Deeds from the Perspective of Legal Certainty
Typographical errors in authentic deeds are often perceived merely as correctable administrative mistakes with no significant legal consequences. However, in practice, such errors may alter the substance of the legal agreement and potentially cause losses to the parties involved. This raises a critical question regarding the liability of notaries as public officials and the extent to which typographical mistakes may affect the legal certainty of authentic deeds. This study aims to analyze notary liability for typographical errors and its implications for legal certainty and legal protection of the parties. This research employs a normative juridical method using statutory, conceptual, and case approaches. The statutory approach examines the provisions of the Law on Notary Office (UUJN) regarding notarial responsibility. The conceptual approach discusses theories of legal liability and legal certainty as developed by Gustav Radbruch and Hans Kelsen. Meanwhile, the case approach reviews court decisions related to administrative errors committed by notaries in the drafting of deeds. The study concludes that typographical errors cannot always be deemed minor, particularly when they affect the substance of the deed. Notaries may be held liable when such errors result in legal uncertainty or losses for the parties. Therefore, the enforcement of the prudential principle and the establishment of corrective mechanisms are essential to ensure legal certainty and accountability in notarial practice.
Copyright (c) 2026 Nauval Ihza Maydiaz, Miftakhul Huda https://creativecommons.org/licenses/by/4.0
The Duty of Notaries to Maintain Deed Confidentiality in the Perspective of Professional Ethics and Positive Law
The obligation of notaries to maintain the confidentiality of deeds is one of the core elements of their professional function as public officials. This duty derives not only from statutory provisions under the Law on Notary Office (UUJN) but also from professional ethics that protect the integrity of legal transactions and the privacy of the parties. However, in practice, notaries may face conflicting demands between safeguarding confidentiality and fulfilling legal obligations to provide information in judicial or administrative proceedings. This conflict creates a normative dilemma that requires further examination from the perspective of both positive law and professional ethics. This study employs a normative juridical method using statutory, conceptual, and case approaches. The statutory approach analyzes the provisions of the UUJN, the Notary Code of Ethics, and relevant laws governing confidentiality in legal services. The conceptual approach investigates the theories of legal responsibility, ethical accountability, and the principle of confidentiality as developed in professional legal doctrine. Meanwhile, the case approach examines judicial decisions in which notaries were required to disclose information or provide deed copies during litigation or law enforcement processes. These approaches aim to determine whether confidentiality is absolute or subject to lawful limitations. The research concludes that confidentiality is not an unrestricted right but a qualified duty bound by ethical standards and legal boundaries. A balance must therefore be struck between the protection of private interests and the fulfillment of justice in legal proceedings. To ensure legal certainty, a clearer regulatory mechanism is needed one that defines the scope of confidentiality, the proper procedures for request and disclosure, and the legal consequences for violations. Strengthening ethical awareness and regulatory clarity will reinforce the notary’s role as both a guardian of trust and a servant of the legal system.
Copyright (c) 2026 Andi Moh. Taufiq Hidayat, Miftakhul Huda https://creativecommons.org/licenses/by/4.0
Effectiveness Of Implementing Implementing Diversion For Children Who Are Committed To Narcotics Crimes Based On Law Number 11 Of 2012 Concerning The Child Criminal Justice System
Abstrak: Penelitian ini bertujuan untuk menilai efektivitas pengalihan kasus anak yang terlibat dalam kejahatan narkoba berdasarkan Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak di Kota Kediri, dengan fokus pada mengungkap pencampuran antara norma hukum yang berlaku dan implementasinya. Metode yang digunakan adalah penelitian hukum empiris dengan pendekatan sosial-hukum, yang menggabungkan analisis normatif dan temuan lapangan. Data primer diperoleh dari statistik kasus narkoba anak di Kejaksaan Negeri Kota Kediri dan Unit Narkotika Kepolisian Kota Kediri periode 2016–2025, serta wawancara dengan petugas penegak hukum. Data sekunder meliputi undang-undang dan peraturan serta berbagai literatur hukum yang relevan. Temuan penelitian menunjukkan bahwa mekanisme transmisi kasus hanya diterapkan pada sebagian kasus kecil, sementara sebagian besar kasus narkoba yang melibatkan anak masih diselesaikan melalui transmisi. Secara empiris, situasi ini menunjukkan bahwa penularan kasus belum secara optimal memainkan peran utama dalam menangani kasus-kasus ini Beberapa faktor yang mempengaruhi meliputi persepsi pihak berwenang mengenai pelanggaran narkoba sebagai kejahatan serius, tidak adanya pedoman teknis khusus mengenai implementasi kasus narkoba, dan koordinasi antarlembaga yang tidak efektif. Penelitian ini diharapkan dapat memberikan kontribusi akademis berupa evaluasi empiris tentang efektivitas pengalihan kasus serta rekomendasi praktis untuk memperkuat perlindungan anak dalam sistem pidana anak. Kata kunci : pergeseran; perlindungan anak; melakukan pelanggaran narkoba; sistem pidana pidana anak
Copyright (c) 2026 Salimatul Faizah, Siciliya Mardian Yoel, Nur Chasanah Nur Chasanah https://creativecommons.org/licenses/by/4.0
Authority of The Ministry of Law In The Dishonourable Dismissal of Notaries For Violations of The Code of Ethics
A Notary is tasked with carrying out a crucial role in society and is therefore required to always maintain their conduct, honour, and dignity as a public official. According to Article 16 letter a, a notary must safeguard the interests of the parties involved in legal processes and act in a trustworthy, honest, thorough, independent, and impartial manner. The objectives of this research include identifying and analysing the sanctions imposed on notaries by the Honorary Council for violations of the Code of Ethics, as well as the authority of the Ministry of Law in supervising notaries with regard to such violations. The type of research used in this study is normative legal research, applying the Statute Approach, Analytical and Conceptual Approach, and Case Approach. The synergy among supervisory institutions, continuous education, transparency, and an effective appeal system will enhance the effectiveness of oversight and professional discipline. For notaries, the researcher suggests that in carrying out their profession and position as public officials, they are expected to understand and comply with the provisions of the laws and regulations of the established Code of Ethics. The Ministry of Law can strengthen coordination and establish an integrated reporting system with the Notary Honorary Council in handling alleged violations of the Code of Ethics, ensuring that public reports are followed up promptly and transparently and to give open information on the status of reports, thereby increasing public participation in maintaining the integrity of the notarial profession.
Copyright (c) 2026 Dewa Ayu Artini, Ni Made Jaya Senastri, Nengah Renaya https://creativecommons.org/licenses/by/4.0
Validity and Legal Consequences of Peace Agreements in The Settlement of Sexual Harassment Cases
The settlement of sexual harassment cases through peace agreements based on contracts remains a practice commonly found in society. This practice raises complex legal issues as it lies at the intersection of civil law and criminal law. On one hand, civil law recognizes contracts as legally binding instruments provided that the legal requirements of validity are fulfilled. On the other hand, sexual harassment constitutes a criminal offense, meaning that its resolution cannot rely solely on the agreement of the parties involved. This study aims to analyze the settlement of sexual harassment cases through contractual peace agreements from the perspectives of civil law and criminal law. The research employs a normative legal method using statutory and conceptual approaches. The legal materials consist of primary and secondary sources, which are analyzed qualitatively. The findings indicate that peace agreements in sexual harassment cases may be considered legally valid only if they fulfill the legal requirements of a contract, particularly the existence of free consent and a lawful cause. From a criminal law perspective, a peace agreement between the perpetrator and the victim does not eliminate the unlawful nature of sexual harassment, as such acts involve public legal interests protected by the state. Therefore, peace agreements may only operate within the civil law domain and cannot be used as a basis to negate criminal law enforcement processes.
Copyright (c) 2026 Hartoto Suci Rahayu, Markoni, Dyah Permata Budi Asri, I Made Kanthika, Tuti Elawati https://creativecommons.org/licenses/by/4.0
Legal Certainty Regarding Tax Payment Obligations On Shares In Tax Court Decision Number PUT-002784.25/2019/PP/M.XB
A Limited Liability Company (Perseroan Terbatas or PT) is a legal entity that plays an important role in economic activities, including share ownership arrangements that may involve nominee mechanisms. The use of nominees gives rise to legal and tax issues, particularly in determining the party who is actually responsible for tax obligations, namely between the formal shareholder and the party who substantively enjoys the economic benefits (beneficial owner). The distinction between formal and substantive ownership may result in tax disputes and legal uncertainty, as reflected in Tax Court Decision Number PUT-002784.25/2019/PP/M.XB concerning an Income Tax dispute related to share ownership, in which the tax authority imposed tax liability based on formal ownership, while the appellant denied being the party that received the economic benefits. This study employs a normative juridical method using statutory, doctrinal, and case law approaches. The results indicate that the determination of tax liability must be based on the principle of substance over form by prioritizing economic substance over formal legal structure. The Tax Court’s decision underscores the importance of proving substantive ownership in determining tax obligations and the necessity of clear regulations on nominee arrangements and beneficial ownership to ensure legal certainty, transparency, and tax compliance.
Copyright (c) 2026 Aditya Bangkit Nurzamzany, Endang Suprapti https://creativecommons.org/licenses/by/4.0
Indonesia's Strategy to Build Geopolitical Identity as a Middle Maritime Power in the Indo-Pacific Through the World Maritime Axis (PMD) Policy in the Era of the Joko Widodo Administration (2014-2019)
This study analyzes Indonesia's strategy in building a geopolitical identity as a middle maritime power in the Indo-Pacific region through the Global Maritime Fulcrum (GMF) policy during the Joko Widodo administration (2014–2019). The background of this study is based on the increasing geopolitical dynamics of the Indo-Pacific as the epicenter of great power rivalry, which demands Indonesia to strengthen its strategic position and identity as an archipelagic nation. This study uses a descriptive qualitative approach based on literature studies with reference to Middle Power Theory as a theoretical framework, as well as the concepts of maritime geopolitics, the Indo-Pacific, and maritime diplomacy as conceptual frameworks. The study shows that the GAM does not only function as a maritime sector development policy, but also as a grand strategy in shaping Indonesia's identity as a middle maritime power.
Copyright (c) 2026 Rikko Yan Lado Ae, Roberto Octavianus Cornelis Seba, Indra Wisnu Wibisono https://creativecommons.org/licenses/by/4.0
Reformulation of Competition Law Policy From The Perspective of The Implementation of The Green Economy
The necessity to balance economic interests and environmental protection calls for reform in multiple policy frameworks, including legal instruments that regulate business interactions in the market. This research is qualitative in nature, chosen to explore in depth the relationship between competition law and the implementation of a green economy in Indonesia, by analyzing legal documents, regulations, KPPU decisions, academic literature, and best practices in other jurisdictions. The relevant national regulations are the Law on Prohibition of Monopolistic Practices and Unfair Business Competition, in conjunction with Law No. 11 of 2020 on Job Creation, which have not provided regulations that provide legal certainty and are in line with the environmental interests of the green economy. There is an urgent need to reformulate competition law policy to be more adaptive, accompanied by strengthening the role and capacity of the KPPU as an independent institution that conducts competition supervision in a professional, transparent manner, and in line with the sustainable economy agenda. The implementation of Articles 50 and 51 of the Monopoly Practices Law regarding exemptions and state monopolies in strategic sectors needs to be optimized through clearer guidelines so that each exemption remains oriented towards efficiency, sustainability, and the public interest.
Copyright (c) 2026 Nurma Candra Yani Sadikin, Udin Silalahi, Jonker Sihombing https://creativecommons.org/licenses/by/4.0
Cimahi’s Parallel Diplomacy in Developing Tourism in the Traditional Village of Cireundeu
This article examines how parallel diplomacy is practiced by the Cimahi City Government in developing tourism in Kampung Adat Cireundeu, a traditional village in West Java known for its distinctive cultural traditions. In contemporary international relations, subnational actors and local communities increasingly engage in international activities to pursue their regional interests. Despite its cultural potential, tourism development in Kampung Adat Cireundeu still faces challenges related to promotion and limited international exposure. This research aims to analyze the forms of parallel diplomacy implemented by the Cimahi City Government and to examine the roles of both governmental and societal actors in supporting tourism development. The research employs a qualitative approach using semi-structured interviews with government officials, indigenous community members, tourism actors, and visitors, supported by document analysis and digital research. The findings show that parallel diplomacy in Cimahi remains at an early stage and mainly occurs through exploratory interactions rather than formal international cooperation. Meanwhile, the indigenous community of Kampung Adat Cireundeu facilitates international interaction through cultural tourism activities, highlighting the importance of collaboration between local governments and community actors in promoting local cultural heritage.
Copyright (c) 2026 Mayra Zahabiya Zahra, Fuad Azmi https://creativecommons.org/licenses/by/4.0
The Relevance of Certainty and Fairness to Notary Honorarium Values in the Notary Position Law
This study discusses the regulation of notary fees in Article 36 of the Notary Law (UUJN) in relation to the principles of legal certainty and justice. The problem arises because this provision regulates the maximum fee, but does not provide clear parameters regarding economic and sociological values, nor does it regulate the minimum fee. This study uses a normative legal research method with a regulatory approach and a conceptual approach using primary, secondary, and tertiary legal materials. The results of the study show that the regulation of notary fees provides legal legitimacy for notaries to receive compensation for the legal services they provide and aims to provide legal protection for notaries and the public. However, the ambiguity of the norms in this provision has the potential to cause differences in interpretation and tariff competition between notaries. Therefore, the determination of notary fees needs to be done proportionally by taking into account legal provisions, professional codes of ethics, and social conditions.
Copyright (c) 2026 I Gusti Agung Wisnu Satria Wangsa, I Made Suwitra, I Wayan Kartika Jaya Utama https://creativecommons.org/licenses/by/4.0
Legal Implications of Changing Building Use Rights To Ownership Rights
The transfer of Building Use Rights to Ownership Rights is an important aspect in the regulation of agrarian law in Indonesia, especially after the issuance of Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration. In this study, the normative legal research method is used. Regulations related to the transfer of Building Use Rights to Ownership Rights are regulated in Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units and Land Registration. Provisions regarding whether or not a Building Use Right can be transferred are stated in Article 45 paragraph (2) of the Article as the basis or basis for someone to change their Rights from Building Use Rights to Ownership Rights. The change of Building Use Rights to Ownership Rights has been clarified in Article 94 of Government Regulation Number 18 of 2021. The form of implementation of Article 48 of Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units and Land Registration and also as an effort to realize the government regulation. Determining priority rights over land in the form of Building Use Rights (HGB) that have expired depends on three factors: the subject of the rights, in terms of who submits the application for the rights, usually the subject of the rights whose name is recorded on the certificate (the former rights holder); the subject of the rights who submits the application must be able to prove that they are truly entitled to the land; and the land use is in accordance with the intent of the granting of the rights in question.
Copyright (c) 2026 I Komang Dedi Saputra, Ni Made Jaya Senastri, I Wayan Kartika Jaya Utama https://creativecommons.org/licenses/by/4.0
Legal Certainty in The Preparation of Notarial Deeds By Appearers With Disabilities Who Are Unable to Sign
Authentic deeds drawn up by Notaries as public officials with the authority to do so, with strict legal formalities and superior evidentiary power. In its application, the certainty of signatures and/or fingerprints by appearers with disabilities in deeds is questionable, as this has not been strictly regulated in the Law No. 30 of 2004 on Notary Position as partially amended by Law No. 2 of 2014 on Amendments to Law No. 30 of 2004 on Notary Position (“NOTARY OFFICIAL LAW”). The issues raised in this article are: How can legal certainty be ensured for persons with disabilities who are unable to sign and/or provide fingerprints before Notaries? And what is the ideal arrangement for persons with disabilities who are unable to sign and/or provide fingerprints before Notaries? The research method used is normative legal research, a type of research commonly conducted in the development of legal science, namely Legal Dogmatics ( rechtsdogmatiek ). The approach used is laws and regulations. The results of the study show that signatures cannot be affixed. According to the NOTARY OFFICIAL LAW, the reason for the inability to affix signatures must be stated clearly and explicitly at the end of the deeds. If the deeds cannot be signed and the Notaries do not provide a clear and explicit reason at the end of the deeds, this can reduce the probative value of the deeds to that of private deeds and will provide grounds for the aggrieved party to claim cancellation of deeds. Of course, rules such as these will not work if legal certainty is not incorporated into the resulting law. Furthermore, if problems arise in the future on the voidable deeds, Notaries cannot be held criminally liable simply for recording the information requested by the parties. In this regard, it is necessary to improve the regulations for implementing the provisions of Article 44 of the Notary Position Law to ensure that appearers with physical disabilities who have limited hand use can still perform legal actions before Notaries.
Copyright (c) 2026 Savira Ramadhanty, Agus Budianto, Irawan Soerodjo https://creativecommons.org/licenses/by/4.0
Legal Responsibility of Public Officials For The Use of Discretion In Government Implementation That Has The Potential to Lead to Corruption, As Seen From A Progressive Law Perspective
This research is conducted with the objectives of (1) understanding and analyzing the The use of discretion by public officials in the administration of government often raises legal issues when such policies have the potential to cause state losses and are associated with criminal acts of corruption. This study aims to analyze the legal regulations and forms of accountability of public officials in the use of discretion that may result in state losses, as well as to examine the elements of state losses and the relevance of progressive law in assessing the use of such discretion. This research is normative legal research with statutory, conceptual, and case approaches. Research results indicate that discretion is a legitimate authority under the Government Administration Law; however, its use is limited by the general principles of good governance and statutory regulations. The accountability of public officials can entail both official responsibility and personal liability, particularly when discretion is exercised through abuse of power that results in actual state losses, as defined under corruption criminal law. In this context, progressive law provides an evaluative perspective by emphasizing the importance of considering good faith, the purpose of public interest, and social utility, so that the assessment of discretion is not solely based on formal consequences but also on the substance of justice and societal welfare.
Copyright (c) 2026 I Komang Angga Adi Setiawan, Ni Ketut Sari Adnyani https://creativecommons.org/licenses/by/4.0
Human–Computer Interaction and Digital Advertising Effectiveness: A Systematic Literature Review of Visual Attention, Interface Design, and Persuasion
Digital advertising is increasingly embedded within contemporary human–computer interaction (HCI) environments, where advertisements function not only as persuasive messages but also as structural elements of digital interfaces. Despite the rapid growth of online advertising, research examining how interface design influences advertising effectiveness remains fragmented across HCI, communication science, and marketing. This study synthesizes interdisciplinary research on how HCI-related interface variables affect visual advertising attention, avoidance, and persuasion outcomes. A systematic literature review following the PRISMA 2020 framework was conducted using four major databases: Web of Science, Scopus, PubMed, and the ACM Digital Library. The review covers peer-reviewed studies published between 2000 and 2025 that combine HCI methodologies—such as eye-tracking, usability evaluation, interaction logging, and user experience measurement—with advertising outcomes including attention, recall, persuasion, and avoidance. A total of 118 studies met the inclusion criteria and were analyzed using narrative synthesis. The findings indicate that advertising effectiveness is strongly shaped by interface-level variables including visual complexity, animation, interactivity, aesthetic congruence, and user task context. Visual attention operates through a dual-pathway mechanism in which bottom-up visual salience interacts with top-down goal-directed browsing behavior, explaining phenomena such as banner blindness. The review highlights the need for stronger theoretical integration between HCI and communication-based persuasion frameworks.
Copyright (c) 2026 Ressa Uli Patrissia, Pritha Ayodya Basuki, Mochamad Husni https://creativecommons.org/licenses/by/4.0
Consistent Law Enforcement Creates An Anti-Gambling Legal Culture
One of the challenges of the current Indonesian State is the crime of gambling. Offline and online gambling does not have a positive impact on individuals, society and the country at all. Precisely the negative impact that arises, among others, first, the impact on individuals and families, namely gambling makes poor. Playing gambling, both online and offline, makes a person and his family economically destitute. The group of people who fall into gambling is a group of people who are classified as poor and low-income. They are already poor, they are playing gambling, they are getting poorer. In addition to economic losses for the gambler, online gambling is also addictive: Online gambling is addictive. The person involved often finds it difficult to stop even though they have already suffered a loss. their money to scammers. The next impact for the individual is mental disorders. Anxiety, depression, and severe stress are often experienced by gamblers who lose or feel guilty. The impact on the family is the rift in the household. Online gambling can cause arguments, loss of trust, and divorce. Family money can be spent on gambling, leading to financial hardship and unmet basic needs. In extreme cases, children can experience neglect due to parents who are too focused or addicted to gambling. Impact on Society. Crime rates are increasing: Implications for the State. The state has to spend huge costs on law enforcement, rehabilitation, and handling the social impact of online gambling. Therefore, this article offers solutions to prevent and eradicate gambling.
Copyright (c) 2026 Siprianus Edi Hardum https://creativecommons.org/licenses/by/4.0
State Financial Rescue Through Return of Replacement Money In The Case of Road Landscaping Project In Fiscal Year 2022-2023 (Case Study of The Medan District Attorney's Office)
Efforts to rescue state finances through a compensation mechanism for the 2022–2023 Road Landscape Arrangement project in Medan City, which has resulted in potential losses to the Regional Revenue and Expenditure Budget due to work that does not comply with technical specifications. This study uses an empirical normative legal method with a statutory regulatory approach and case study analysis. The results show that the Medan District Attorney's Office has a strategic role in the process of recovering state losses through criminal law mechanisms and through non-litigation legal assistance in its capacity as a State Attorney. The return of funds to the regional treasury is a form of recovery of state losses, but this action does not eliminate criminal liability if the elements of the crime are still met. The return of losses can only be used as a mitigating consideration for judges in issuing decisions, so that the law enforcement process must still be carried out based on the principles of legality and legal certainty.
Copyright (c) 2026 Eirene Clarisa Br. Silalahi, Haposan Siallagan, Samuel Situmorang https://creativecommons.org/licenses/by/4.0