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).
Analysis of Mempawah District Court Decision Number 63/Pid.Sus/2025/Pn Mpw Regarding Payment of Tax Arrears in the Crime of Tax Evasion
Taxes are mandatory contributions by citizens as a source of state revenue. The Crime of Embezzlement is detrimental to state revenue. In law enforcement, tax crime payments accompanied by administrative sanctions can stop the investigation or be considered as a fine. In practice, not all taxpayers who commit criminal acts are able to pay off tax arrears and administrative sanctions. This study aims to examine the principles of certainty, justice, and legal utility for the payment of tax arrears paid with an amount that has not been met in the crime of tax evasion. The method used is a normative approach with a literature study of relevant laws and regulations and literature as well as a case study of tax evasion crimes by not submitting a notification letter and not paying taxes. The results of this study show that in the Mempawah District Court Decision Number 63/Pid.Sus/2025/Pn Mpw, the payment of tax arrears made by the corporate taxpayer defendant at the stage of the investigation of tax crimes is not counted as a payment of a fine as Article 44B paragraph (2c) of the HPP Law. It is concluded that the a quo decision has applied positive tax laws that reflect the principle of legal certainty, but this law enforcement ignores the principle of justice and the benefits of the payment, namely that the taxpayer does not get a reduction in the criminal fines imposed on him and the state does not get the recovery of state revenue losses as the purpose of law enforcement in the field of taxation.
Copyright (c) 2026 Joy Octorina Dwi Santy https://creativecommons.org/licenses/by/4.0
The Concept of State Financial Losses in Criminal Acts of Corruption After Constitutional Court Decision Number 28/PUU-XXIV/2026
This study examines the juridical analysis of the Constitutional Court Decision Number 28 of 2026 concerning the authority to calculate state financial losses in corruption cases. The background of this research lies in legal uncertainty due to overlapping authority among institutions in determining state losses, which is a crucial element in proving corruption cases. This study aims to identify the legal basis of institutional authority and the implications of the decision on law enforcement. The method used is empirical legal research with a socio legal approach, utilizing secondary data supported by primary data. The results indicate that the Supreme Audit Institution holds the primary constitutional authority to determine state financial losses, while law enforcement agencies are limited to preliminary calculations for investigative purposes. In conclusion, the decision clarifies the division of authority, enhances legal certainty, and strengthens the effectiveness of corruption law enforcement in Indonesia.
Copyright (c) 2026 Sihol Yonnes Siboro https://creativecommons.org/licenses/by/4.0
The Validity of Receivables Transfer (Cessie) After A Bankruptcy Declaration (A Case Study of The Curator Team of PT Perinco Graha Lestari V. PT Bank DBS Indonesia)
This study examines the validity of debt transfer (cessie) conducted by a secured creditor after a bankruptcy declaration through the dispute involving the Curator Team of PT Perinco Graha Lestari against PT Bank DBS Indonesia and the assignee of the transferred receivables. The legal issue arises because, after the debtor is declared bankrupt, all assets of the debtor become subject to a general confiscation under the administration of the curator, while secured creditors still retain rights over the collateral attached to their receivables. This study aims to analyze the validity of cessie after a bankruptcy declaration and to examine the disparity in judicial considerations at the Commercial Court, Cassation, and Judicial Review levels. The research employs a normative juridical method using statutory, conceptual, and case approaches. Legal materials were collected through library research consisting of legislation, court decisions, and legal literature related to bankruptcy and cessie. The results show that the transfer of receivables by secured creditors after a bankruptcy declaration cannot be assessed solely under civil law provisions, but must also consider the principle of general confiscation and the curator’s authority under the Bankruptcy and Suspension of Debt Payment Obligations Law. The differing judicial considerations between the Commercial Court and the Supreme Court reflect variations in legal reasoning regarding the position of cessie after bankruptcy within the Indonesian bankruptcy system, which may affect legal certainty in its application.
Copyright (c) 2026 Habib Akbar, Busyra Azheri, Misnar Syam https://creativecommons.org/licenses/by/4.0
Legal Analysis of the Handling of Money Laundering Crimes (Money Laundering) in Bengkulu City Based on Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes
This study is entitled Juridical Analysis of the Handling of Money Laundering Crimes in Bengkulu City Based on Law Number 8 of 2010. The object of this research is the handling of money laundering crimes in Bengkulu City. This study aims to analyze law enforcement practices and identify obstacles in handling money laundering crimes. The research method used is empirical legal research with a socio-legal approach, examining secondary data supported by primary data from the field. The results show that the handling of money laundering crimes has been carried out in accordance with Law Number 8 of 2010, including investigation, evidentiary processes, and the role of related institutions. However, in practice there are still obstacles such as limited human resources, inadequate facilities, and lack of optimal coordination among law enforcement agencies. In conclusion, it is necessary to improve the capacity of law enforcement officers, strengthen inter-agency coordination, and optimize the implementation of the law to enhance the effectiveness of handling money laundering crimes.
Copyright (c) 2026 Nandi Rizqi Syahputra https://creativecommons.org/licenses/by/4.0
Criminal Legal Politics Regarding Alleged Medical Malpractice As an Effort to Ensure Legal Certainty In Health Services In Indonesia
Criminal sanctions are the last resort (last resort), from a series of stages of enforcing a legal rule. This last resort is the ultimate measure if enforcement mechanisms in other areas of law are ineffective. However, in the development of criminal law in Indonesia, criminal sanctions have shifted in certain cases, no longer serving as the ultimum remedium but as the primum remedium (primary remedy). The provisions of criminal sanctions asfirst remedyin health services can be seen from the resolution of medical disputes that have an extraordinary and large impact on society, and no longer consider other sanctions, because it may be felt that it is appropriate to immediately use or impose criminal sanctions, which is not the last remedy, considering that there are still many cases of medical disputes that are detrimental to society, and this is the core of criminal law politics.
Copyright (c) 2026 Indah Budiyanti https://creativecommons.org/licenses/by/4.0
Transparency in Educational Institutions as the Key to Successfully Addressing Sexual Violence Crimes in Higher Education
Sexual Violence is considered a disgrace for Education Units. Protective steps to protect the good name of educational units are also carried out in various ways so that they make cases of sexual violence unresolved and tend to experience repeated. Normative juridical research methods review the regulation of legal provisions in Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence and Permendikbud 30/2021 on the one hand is associated with Higher Education policies on the other hand showing the inconsistency of Universities when handling cases of sexual violence. Research shows that universities that cover up sexual violence actually show inconsistencies in handling sexual violence. Ironically, efforts to cover up disgrace actually make the trust of the academic community and the community disappear to universities. Acts of sexual violence raise important legal issues, the importance of learning human dignity and dignity is not an object of sexual satisfaction.
Copyright (c) 2026 Aprilia Hana Pratiwi, Hwian Christianto, Tiara Prameswari https://creativecommons.org/licenses/by/4.0
Legal Analysis of The Impact of Budget Efficiency on The Performance of Trubus Village Government, Kabupaten Bangka Tengah
This research aims to analyze the legal regulation of village budget efficiency and its implementation in the Trubus Village Government financial management, as well as to examine the legal impacts of budget efficiency on village government performance achievement based on indicators stipulated in statutory regulations. The research employs a normative legal method with statute approach, conceptual analysis, and case approach. Primary legal materials comprise the 1945 Constitution, Law Number 6 of 2014, Government Regulation Number 43 of 2014, Minister of Home Affairs Regulation Number 20 of 2018, and other relevant regulations, while secondary legal materials consist of scholarly journals, books, and village financial reports. Analysis was conducted through qualitative juridical methods by identifying legal norms, interpreting principles, and constructing relationships between budget efficiency and village government performance. Research findings indicate that legal regulations on village budget efficiency remain fragmentary and non-comprehensive, characterized by the absence of standardized efficiency measurement in sectoral regulations. Implementation in the Trubus Village Government demonstrates significant disparities between das sollen and das sein, where budgeting practices prioritize administrative compliance over resource optimization for performance achievement. The legal impact of budget efficiency on village government performance proves ambivalent: while promoting financial management accountability, it potentially impedes innovation and developmental program flexibility due to rigid interpretations of efficiency norms. This research recommends harmonizing village budget efficiency regulations through developing legal instruments that integrate efficiency principles with measurable performance indicators, strengthening village apparatus capacity through competency-based regulations, and establishing tiered supervisory mechanisms ensuring equilibrium between budget efficiency and public service effectiveness at the village level.
Copyright (c) 2026 Ngiat Hiung, Abdul Rasyid Saliman, Husni Thamrin https://creativecommons.org/licenses/by/4.0
Gender Equality among the Sasak Indigenous Community in the Practice of Merariq Kodeq
The practice of merariq kodeq, a form of child marriage commonly carried out through elopement or without the full and free consent of the parties involved, remains prevalent in West Nusa Tenggara and frequently results in violations of women's fundamental rights, particularly in the areas of education, health, and social participation. This study aims to examine the implementation of legal frameworks designed to reduce the occurrence of merariq kodeq and to evaluate the extent of legal protection afforded to women's rights within this practice among the Sasak indigenous community. The research employs a normative juridical approach, supported by interview data obtained from Sasak customary leaders. The findings reveal that the government has enacted several legal instruments intended to curb the practice of merariq kodeq, including Law No. 16 of 2019 on Marriage and the West Nusa Tenggara Regional Regulation No. 5 of 2021 on the Prevention of Child Marriage. The study finds, however, that the implementation and dissemination of these regulations have not been sufficiently effective, resulting in the continued prevalence of merariq kodeq within the community. With regard to the protection of women's rights, legal safeguards remain largely normative in nature, while customary norms frequently overlook the principle of women's free and informed consent. Women's access to education and reproductive health services also remains limited and inadequate. This study recommends greater integration between national legal frameworks and the transformation of customary law through the strengthening of the roles of customary leaders and local governments in mediation processes, the clarification of marriage dispensation mechanisms, and the provision of legal education aimed at empowering women as agents of social change. Future research is encouraged to adopt an empirical approach in order to assess the effectiveness of existing policies at the level of indigenous communities.
Copyright (c) 2026 Raden Susan Fauziyyah Hasan, Sonny Dewi Judiasih, Hazar Kusmayanti https://creativecommons.org/licenses/by/4.0
The Legal Implications For The Community That Owns Buildings on The Ground In The Civic Center Area of South Central Timor Regency are Reviewed From Law Number 26 Of 2007 Concerning Spatial Planning
This research is motivated by the inconsistency of spatial utilization in the Civic Center area of ​​South Central Timor Regency, which is legally designated as the center of regional government, but in reality is used by the community as a residential area and business premises. This condition raises legal issues related to spatial utilization, land ownership, and the protection of community rights to the land they occupy. This study aims to examine the legal implications of the inconsistency of spatial utilization by the community in the Civic Center area of ​​South Central Timor Regency in terms of Law Number 26 of 2007 concerning Spatial Planning. The type of research used is empirical legal research with a sociological juridical approach. Data were obtained through interviews with the Regional Government of South Central Timor Regency and literature studies consisting of primary legal materials and secondary legal materials. The data obtained were then analyzed descriptively qualitatively based on applicable legal provisions. The results of the study indicate that the community continues to construct buildings and inhabit the Civic Center area even though the area has been designated as the center of regional government. This condition occurs due to weak regional government supervision, years of neglect, community economic needs, and a lack of public understanding of spatial planning regulations. This inconsistency in spatial use has legal implications in the form of administrative sanctions and even building demolition due to the use of space not being in accordance with the regional spatial plan. Furthermore, land ownership by the community in the Civic Center area lacks legal certainty if it is not supported by a valid legal basis and is in conflict with spatial planning provisions. However, legal responsibility in this matter lies not only with the community but also with the local government, which has been less than optimal in supervising and controlling spatial use. Therefore, the local government needs to improve supervision, law enforcement, and implement fair solutions through persuasive approaches, legal outreach, relocation, and providing temporary lease opportunities for residents who have long occupied the area to ensure legal certainty, order, and justice in spatial use.
Copyright (c) 2026 Benediktus Lay, Anggry Belen, Eugenia Yesus, Maria Nata, Crameraldo Openg https://creativecommons.org/licenses/by/4.0
The Impact Of Overlapping Land Claims In Penkase Subdistrict (An Analysis Based On Court Rulings)
Abstract: Overlapping land claims cause significant legal uncertainty in Indonesia, exemplified by a 9 hectare dispute in Tuanomolo, Kupang. This study analyzes the legal and social impacts of these claims and evaluates the role of land technology in resolving or complicating disputes. Utilizing a qualitative normative-empirical method with statute and case approaches, it examines Kupang District and High Court judgments through a prescriptive analytical framework. The findings show that overlapping claims trigger prolonged uncertainty and material losses from subsequent unlawful acts. Juridical evaluation under Supreme Court jurisprudence reveals that the lower courts (Judex Facti) committed manifest errors by misapplying the missing parties (plurium litis consortium) exception and ignoring physical evidence. Furthermore, land technology (GPS and satellite mapping) plays a dual role: it accurately exposes hidden overlaps but risks displacing traditional rights if manual to digital migration is uncoordinated. In conclusion, digital technology is not a standalone solution; its success depends on data integrity, consistent law enforcement, and institutional synchronization between land agencies and the judiciary.
Copyright (c) 2026 Benediktus Lay, Yulia Aprilis Uge Lay, Gabriel Faustin Vicky Seran, Maria Imakulata Go’o Laki https://creativecommons.org/licenses/by/4.0
The Urgency of Regulating Anti-Circumvention Rules in Indonesia and ASEAN: The Case of Alleged Circumvention of Indonesian Refined Sugar to Vietnam
This study examines how the absence of anti‑circumvention rules in ASEAN and Indonesia weakens the effectiveness of anti‑dumping measures, as seen in the case of alleged circumvention of Indonesian refined sugar to Vietnam. The purpose of this study is to determine the implications of the absence of anti‑circumvention rules in ASEAN on the circumvention of anti-dumping measures as seen in the Indonesia–Vietnam case, and to determine the urgency of regulating anti‑circumvention rules in ASEAN in an effort to prevent the circumvention of anti‑dumping measures in Indonesia and ASEAN. The research method used is normative juridical, coupled with a case study of the alleged Indonesia–Vietnam circumvention, as well as a comparative study of various anti‑circumvention legal instruments in Vietnam, the European Union, and the United States. The results show three main implications. First, legal uncertainty over Vietnam’s unilateral measures; Second, procedural fragmentation that hinders cooperation; and third, the failure to set a binding precedent. The comparative study shows that clear regional rules (clear definitions, objective testing, structured procedural standards, exemptions for genuine operators, and strengthened rules of origin) enhance legal certainty while limiting the abuse of measures. The conclusion that can be drawn is that ASEAN needs to immediately regulate anti‑circumvention rules, along with strengthening rules on origin certification. Gradual implementation at the intra‑ASEAN level will build regional habits and common ground, protect domestic industries, and reduce legal and trade friction.
Copyright (c) 2026 Fasri Dimas Kristian Pramono, Huala Adolf, Purnama Trisnamansyah https://creativecommons.org/licenses/by/4.0
Urgency of Regulating Cryptocurrency Inheritance Features on Exchange Platforms to Ensure Legal Certainty for Heirs in Indonesia
The development of cryptocurrency as a digital asset presents new challenges in inheritance law. Its decentralized nature and reliance on private keys pose a risk of rendering the asset permanently inaccessible if the owner passes away. This article, titled "Urgency of Regulating Cryptocurrency Inheritance Features on Exchange Platforms to Ensure Legal Certainty for Heirs in Indonesia," aims to analyze the juridical implications of the absence of automated inheritance claim features on exchange platforms and the urgency of their regulation. This normative legal research employs statutory, conceptual, and comparative approaches to compare the governance mechanisms of inheritance claims on global and local crypto exchanges. The results indicate that the absence of specific regulations creates a legal vacuum that heightens uncertainty regarding heirs' civil rights. Comparative analysis reveals that local platforms still rely on manual administrative procedures, which can lead to legal constraints, whereas global platforms have integrated legal compliance systems. In conclusion, regulations mandating the availability of inheritance features on exchange platforms are essential for providing legal protection, preventing material loss, and ensuring legal certainty for heirs.
Copyright (c) 2026 Syaiful Malik, Taupiqqurrahman https://creativecommons.org/licenses/by/4.0
Comparison of Press Freedom from a Legal Perspective A Study of Indonesia and Norway
This study compares the protection of press freedom in Indonesia and Norway from a legal perspective. This study aims to identify how the mechanism for protecting press freedom in Norway serves as a best practice and assess its relevance in the context of implementing the system and strengthening press freedom protection in Indonesia. The method used in this study is normative juridical with a comparative approach to laws and regulations. This study employs a literature-based data collection method, analyzing primary, secondary, and tertiary legal materials. The results show that Norway has strong protections for press freedom through constitutional guarantees, transparent information disclosure, and state-protected press mechanisms. On the contrary, Indonesia already has an adequate legal basis, but its implementation still faces the problem of the criminalization of journalists. This study provides an overview of how Norway, with stronger legal mechanisms to protect their press freedom, can serve as a reference for Indonesia.
Copyright (c) 2026 Anastasya Regina Sekar Cahyanto, M rizki Yudha Prawira https://creativecommons.org/licenses/by/4.0
Analysis of The Bank's Civil Liability For Employees' Tortious Acts Committed Outside The Bank's Operational System
This study examines the civil liability of Bank BNI regarding an unlawful act committed by the former Head of Cashier of the Aek Nabara Branch through an off-book transaction. The issues focus on the regulation of bank liability based on Article 1367 of the Indonesian Civil Code and POJK Number 6/POJK.07/2022, as well as the implementation of the principle of vicarious liability to employee actions that exceed the bank’s official operational systems. Employing a normative juridical method, this research concludes that the bank's liability stems from two complementary normative layers: Article 1367 paragraph (3) of the Civil Code as a general rule and Article 8 paragraph (1) of POJK Number 6/POJK.07/2022 as a sectoral regulation. Collectively, these regulations establish the bank as the party responsible for customer losses resulting from its employees' actions. The application of the doctrine of vicarious liability in this case is justified by the fulfillment of the employment relationship element and the doctrine of apparent authority, wherein the perpetrator objectively appeared as a bank representative to customers acting in good faith. Thus, Bank BNI's action to compensate for the customer's loss of IDR 28 billion is not merely a voluntary initiative, but rather a fulfillment of legal mandates rooted in the doctrine of vicarious liability and the fundamental principles of consumer protection within the financial services industry.
Copyright (c) 2026 Fauzan Hamzah Salampessy, Wardani Rizkianti https://creativecommons.org/licenses/by/4.0
Behind the Defeat of Local Incumbents: A Systematic Review of Economic Voting, Patronage, Party Conflict, and Electoral Accountability in Democratic Elections
Local elections constitute a crucial arena for democratic accountability because local governments control public services, welfare distribution, public expenditure, bureaucratic appointments, and access to state resources. Yet local incumbents sometimes lose despite possessing the structural advantages of office. This systematic review synthesizes 48 studies identified through Scopus and related bibliographic checking to explain why such defeats occur. Using a mechanism-based qualitative synthesis, the review integrates evidence from studies on economic voting, patronage and clientelism, party organization, candidate selection, opposition coordination, electoral integrity, institutional trust, and democratic alternation. The synthesis shows that local incumbent defeat is rarely caused by a single factor. Economic voting matters when citizens can attribute unemployment, welfare retrenchment, fiscal choices, crisis response, or service delivery to incumbents. Patronage may protect incumbents when networks remain credible and morally legitimate, but it may also generate backlash when voters associate distributive politics with corruption, arrogance, exclusion, or manipulation. Party conflict and candidate selection may weaken incumbents before the general election, especially when nomination rules, factional competition, elite bargaining, or opposition coordination reduce campaign capacity. Ultimately, incumbent defeat becomes democratically meaningful only when electoral institutions are credible, losing actors concede defeat, and transitions preserve governmental continuity. This review provides an integrated framework that treats local incumbent defeat as both an electoral outcome and a governance process.
Copyright (c) 2026 Iyan Maulana Amnum Al Amin, Kushandajani https://creativecommons.org/licenses/by/4.0
Government Coordination In Anticipation of The Mount Merapi Eruption Disaster In Sleman Regency, DIY
The eruption of Mount Merapi poses a significant disaster threat to Sleman Regency, necessitating a paradigm shift from emergency response to disaster risk reduction through synergistic government coordination. This article aims to analyze the forms and mechanisms of government coordination in anticipating the Mount Merapi eruption, identify obstacles, and formulate strategies for improvement. Employing a qualitative descriptive method, this study examines coordination based on Herbert Simon's procedural and substantive typology, alongside collaborative governance concepts. The findings indicate that procedural coordination is established through structured regulations, hierarchical command, and the Cross-Merapi Joint Secretariat collaboration. Substantively, preparedness is realized through the Sister Village program and the pentahelix-based utilization of the SIMANTAB application. However, coordination effectiveness is hindered by sectoral egos, rigid budgetary bureaucracy, personnel limitations, and cultural resistance among locals. Therefore, the study recommends cross-sectoral data synchronization, the debureaucratization of emergency decision-making, and an inclusive cultural mitigation approach to achieve adaptive regional resilience.
Copyright (c) 2026 Heru Sulistiyo, Arwanto Harimas Ginting, Agus Winarna, Kusworo https://creativecommons.org/licenses/by/4.0
Criminal Imposition on Perpetrators of Joint Violence Resulting in Death from the Perspective of Islamic Jurisprudence
Collective violence resulting in death remains a serious criminal offense, often arising from acts of vigilantism (eigenrichting). Such conduct violates both positive criminal law and the Islamic legal principle of protecting human life. This study analyzes the judicial considerations in Decision Number 681/Pid.B/2024/PN Smg and examines the offense from the perspective of fiqh jinayah. Using a normative legal method with case and conceptual approaches, the research relies on the Indonesian Criminal Code, court decisions, the Qur’an, and relevant legal literature. The findings show that the court imposed criminal sanctions under Article 170 paragraph (2) point 3 of the Criminal Code after determining that all legal elements of the offense had been proven through witness testimonies, defendants’ statements, documentary evidence, and visum et repertum. From the perspective of fiqh jinayah, the defendants’ actions are classified as qatl syibh al-‘amd (quasi-intentional homicide) because the violence was intentional but not aimed directly at causing death. The collective nature of the offense also reflects the concept of isytirak fi al-jarimah, which attributes criminal responsibility to all participants involved in the resulting death.
Copyright (c) 2026 Nafis Dwi Rizky, Ali Maskur, Mohamad Solek https://creativecommons.org/licenses/by/4.0
The Urgency of Reforming Consumer Protection Law in Encountering to the Digital Business Ecosystem in Indonesia
The digitalization of business in Indonesia has brought significant changes to transaction patterns and consumer–business relationships. However, this rapid growth has also raised several new consumer protection issues, including online fraud, violations of privacy rights, and unclear legal responsibilities for digital businesses. This study aims to analyze the importance of consumer protection in Indonesia’s digital business landscape and identify issues and solutions to strengthen it. The research method applied is the normative juridical method through case studies, a review of related literature, and an examination of statutory regulations. The findings reveal that current consumer protection frameworks, such as the Law on Electronic Information and Transactions and Law Number 8 of 1999 on Consumer Protection, still contain many gaps in adapting to the evolving dynamics of online transactions. Regulatory reforms and the enhancement of consumer digital literacy are required to ensure legal protection is more effective and responsive to technological developments. In conclusion, collaboration among the government, businesses, and society is urgently needed to strengthen consumer protection in the digital era and to create a safe and equitable digital business environment.
Copyright (c) 2026 Agus Panahatan Panjaitan, Suartini, Aris Macmud https://creativecommons.org/licenses/by/4.0
Personal Appearance Before The Notary In Deed-Making Through The Concept Of Cyber Notary
The development of digital technology demands a more efficient and adaptive transformation of notary practices through the concept of cyber notary that allows notaries to exercise their authority remotely. However, in Indonesia, this concept is limited by the principle of Tabellionis Officium Fideliter Exercebo which requires a physical presence as a prerequisite for the authenticity of the deed, as stipulated in Article 1868 of the KUHPerdata and Article 16 Paragraph (1) letter m of the UUJN. This legal vacuum regarding remote personal appearance creates uncertainty, since the UUJN simultaneously acknowledges the existence of cyber notary while it’s also lacking sufficient regulations to accommodate its implementation. In contrast to Indonesia, the United States has successfully accommodated the implementation of Remote Online Notarization (RON) through the Revised Uniform Law on Notarial Acts (RULONA), specifically in Section 14A. This study uses a juridical-normative method with a comparative legal approach to examine the regulations governing personal appearance in deed-making under the concept of cyber notary in Indonesia and United States, as well as analyzing the potential expansion of its meaning. This research shows that Indonesia has an opportunity for legal digitalization through the UU ITE, the UUJN, and the implementation of the AHU Online system. The researcher argues that the concept of personal appearance can, in fact, be expanded not only as a physical presence, but also as an electronic presence. Therefore, its development is an inevitable necessity.
Copyright (c) 2026 Zhafirah Salsabila, Wardani Rizkianti https://creativecommons.org/licenses/by/4.0
Legal Analysis Regarding The Implementation of The Indonesian Game Rating System (IGRS) in The Protection of Child Consumers in Indonesia
This study examines the implementation of the Indonesian Game Rating System (IGRS) within Indonesia's legal framework, focusing on child consumer protection in the digital gaming industry. Indonesia's rapidly expanding gaming market indeed generated economic benefits, but on the other hand, exposing children to age-inappropriate content at the same time. The Government responded by establishing the IGRS, a classification system based on age suitability and content descriptors, most recently revised through Minister of Communication and Digital Affairs Regulation No. 2 of 2024. Employing a normative legal method with statutory and conceptual approaches, this study analyzes relevant legislation, ministerial regulations, legal doctrine, and documented enforcement cases through descriptive-qualitative and teleological interpretation. The findings reveal that the IGRS remains structurally incomplete: it lacks a Government Regulation establishing binding enforcement, exhibits weak harmonization with Law No. 8 of 1999 on Consumer Protection, and relies on a self-classification model whose reliability was exposed by the 2026 Steam controversy. Enforcement in practice remains reactive, with no dedicated complaint mechanism for child consumers or their guardians. The study concludes that the IGRS has not yet achieved optimal legal protection for child consumers and recommends a comprehensive Government Regulation, an independent supervisory body, and accessible consumer redress mechanisms to strengthen Indonesia's digital game governance framework.
Copyright (c) 2026 Achmad Hanif Avicenna Setiady, Andriyanto Adhi Nugroho https://creativecommons.org/licenses/by/4.0
Reconstruction of the Legal Responsibility of the Public Accounting Profession Based on Professional Protection and Due Process of Law
This study examines the reconstruction of legal accountability for the public accounting profession based on professional protection and due process of law. The background of this study stems from the increasing number of cases involving financial statement manipulation and corporate fraud in Indonesia, which has placed public accountants in a position where they are held legally accountable. This situation raises questions regarding the limits of professional liability, particularly when the fraud stems from the actions of company management. This study aims to analyze the weaknesses in the legal liability framework for the public accounting profession in Indonesia and to examine professional protection from the perspective of due process of law. The research method employed is normative legal research using a statutory approach, a conceptual approach, and a case study approach. Legal materials were obtained through a literature review encompassing primary, secondary, and tertiary legal sources, which were then qualitatively analyzed using prescriptive and interpretive methods. The research findings indicate that the legal framework governing the liability of the public accounting profession still contains normative and implementational weaknesses that lead to legal uncertainty and have the potential to result in the criminalization of the profession. Professional protection for public accountants has not fully ensured the application of the due process of law principle in the audit and law enforcement processes. Legal reform is necessary through the updating of legal substance, the strengthening of institutional structures, and the development of a legal culture that is more oriented toward professionalism, legal certainty, and justice. This study is expected to serve as a basis for consideration in the formulation of regulations and the strengthening of the professional protection system for public accountants in Indonesia.
Copyright (c) 2026 Anderson Subri, Zaitun Abdullah, Adnan Hamid, Andi Wahyu Wibisana https://creativecommons.org/licenses/by/4.0
The Legal Certainty of Digital Consent In The Formation of Electronic Contracts is Reviewed From The Principle of Consensualism
The development of information technology has driven a transformation in the formation of contracts from conventional forms to electronic contracts based on digital consent (digital consent). This condition raises legal problems regarding the conformity of digital consent with the principle of consensualism as the basis for the birth of an agreement and its legal certainty in the Indonesian legal system. This study aims to analyze the relevance of the principle of consensualism in the formation of electronic contracts based on digital consent and examine the legal certainty provided to the parties in electronic transactions. This study uses a normative juridical method with a statutory approach, a conceptual approach, and a comparative approach. Legal materials are obtained through literature studies that are analyzed qualitatively and prescriptively. The results of the study show that digital consent in principle has fulfilled the elements of agreement as required in the principle of consensualism because it is a manifestation of the will of the parties expressed through electronic media. However, the current legal arrangements do not provide clear parameters regarding the standard of validity of digital consents, the quality of the agreement, and the mechanism of proof. Therefore, it is necessary to strengthen regulations through the implementation of affirmative consent standards, more specific regulations on forms of digital consent, and increased legal protection for parties to realize legal certainty in the formation of electronic contracts in Indonesia.
Copyright (c) 2026 Taqwanda Aulia Mahfud, Subekti, Yoyok Ucuk Suyono, Ernu Widodo https://creativecommons.org/licenses/by/4.0
A Review Of Victimology Of Victims Of Online Fraud In E-Commerce Transactions In Karawang Regency In Connection With The Lifestyle Exposure Theory
Unilateral This research is motivated by the high number of cybercrimes in the form of fraud in e-commerce in Karawang Regency, with the increasing digital lifestyle of the community. The main objective of this study is to explore this phenomenon using a victimology perspective, where the Lifestyle Exposure theory of Hindelang and his colleagues and the concept of functional responsibility of Stephen Schafer are the foundation. The methodology applied in this study is empirical juridical, with primary data obtained through in-depth interviews with the Tipidter Unit of the Karawang Police and individuals who have become victims of online fraud. The findings of the study indicate that the key factors causing victimization in Karawang are caused by less vigilant consumer behavior, including transactions outside official platforms (85%) and being influenced by unreasonable prices (78%), which theoretically indicates exposure to risks due to digital lifestyles. The Karawang Police's countermeasures utilize a preventative approach, providing digital literacy education to strengthen social resilience, and a repressive approach through law enforcement based on digital forensics and inter-agency collaboration (Kominfo, BSSN, and OJK) to create a deterrent effect on perpetrators. This study concludes that preventing online fraud requires collaboration between legal enforcement and increased awareness among victims to break the cycle of opportunity for crime.
Copyright (c) 2026 Marga Reta Donia Kartika, Zarisnov Arafat, Muhamad Abas https://creativecommons.org/licenses/by/4.0
The Principle of Good Faith In The Filing of A Bankruptcy Application by A Separated Creditor Against A Debtor (Case Study Of Supreme Court Decision Number 1434 K/Pdt.Sus-Pailit/2020)
This study aims to analyze the application of the principle of good faith in the submission of bankruptcy petitions by secured creditors against debtors, as set forth in Supreme Court Decision Number 1434 K/Pdt.Sus-Pailit/2020 and assess the judge's considerations in distinguishing the use of legitimate rights from abuse of authority by comparing it with Supreme Court Decisions Number 704 K/Pdt.Sus-Pailit/2018 and Number 1230 K/Pdt.Sus-Pailit/2019. This study employs a juridical normative method under case and statutory approaches. The legal materials consist of primary, secondary, and tertiary legal materials, which are analyzed qualitatively through the interpretation of legal principles, doctrines, and the ratio decidendi of the decision. The results indicate that the Supreme Court considers the bankruptcy petition by secured creditors in Decision Number 1434 K/Pdt.Sus-Pailit/2020 does not violate the principle of good faith because it is submitted to protect the legal interests of collateral whose economic value is threatened. Conversely, in Decisions No. 704 K/Pdt.Sus-Pailit/2018 and No. 1230 K/Pdt.Sus-Pailit/2019, the bankruptcy petition was rejected because it was deemed disproportionate and potentially pressured the debtor. The study formulates an ideal model for a bankruptcy petition by secured creditors that emphasizes collateral protection, does not involve abuse of rights, and is preceded by alternative resolution efforts. This model reflects the principles of balance, appropriateness, and the objective of bankruptcy law to protect the interests of both creditors and debtors fairly and proportionally in the current bankruptcy court practice in Indonesia, and contributes to development.
Copyright (c) 2026 Ariansyah Kurniawan, Iwan Erar Joesoef, Atik Winanti https://creativecommons.org/licenses/by/4.0
Industrial Accidents as Corporate Crimes: An Analysis of PT ASL Shipyard Batam's Liability under Indonesia’s National Criminal Code
Industrial accidents resulting in worker fatalities continue to be a substantial concern in Indonesia's labour sector. Notwithstanding the enactment of various occupational safety and health regulations, the attribution of criminal guilt in cases of fatal workplace accidents continues to be contentious, especially regarding the classification of enterprises as entities subject to criminal law. This circumstance creates a discrepancy between the occupational safety obligations imposed on companies and the penalties enforced when violations of these obligations lead to worker fatalities. This study aims to assess the legal qualifications of the explosion incident at PT ASL Shipyard Batam, evaluate the adequacy of Law Number 1 of 1970 concerning Occupational Safety in determining corporate criminal liability, and examine the framework of corporate criminal liability and management in accordance with the National Criminal Code. The research utilises a normative legal technique, incorporating both legislation and case analyses. The study's findings suggest that the explosion at the MT Federal II PT ASL Shipyard Batam, which led to worker fatalities, could be deemed a criminal offence if negligence in safety compliance is proven. Law Number 1 of 1970 remains relevant as the basis for regulating occupational safety responsibilities; however, it is inadequate for establishing corporate criminal liability, as it does not recognise corporations as entities under criminal law or provide a framework for attributing corporate culpability. In contrast, the National Criminal Code, through Articles 45 to 49, delineates a normative framework that allows for the imposition of criminal liability on both corporations as entities and on administrators in functional roles, order issuers, control holders, and beneficial owners of corporations. This study established that worker fatalities from industrial accidents are not exclusively due to the company's operational hazards; instead, they may constitute a basis for corporate criminal liability if systemic negligence in enforcing and overseeing occupational safety standards is demonstrated.
Copyright (c) 2026 Cut Wahidah Mumtaza, Parningotan Malau https://creativecommons.org/licenses/by/4.0
Potential Money Laundering Crimes Through Blockchain-Based Digital Legal Insurance Schemes In Indonesia
Potential Money Laundering Crimes Through Blockchain-Based Digital Legal Insurance Schemes In Indonesia. The background issue is the rapid growth of digital insurance vulnerable to financial crime due to blockchain anonymity features. The objectives are to determine the mechanism of digital legal insurance schemes, analyze money laundering potential, and examine criminal law regulations in Indonesia. The research method uses normative juridical with statute and conceptual approaches. The results show that blockchain anonymity and smart contracts create loopholes for placement, layering, and integration stages of illegal funds. Current regulations do not specifically regulate risk mitigation in legal insurtech products. The conclusion suggests revising the money laundering prevention law and stricter financial services authority supervision. Stricter identity verification is required on digital legal insurance platforms and including this product in the suspicious transaction reporting list to prevent misuse of the legal insurance system as a means of money laundering that can hinder the criminal justice process
Copyright (c) 2026 Necklina Druhandani, Adi Muhajirin https://creativecommons.org/licenses/by/4.0
Legal Protection Against Copyright Infringement in Film Piracy: A Case Study of Cinema Recordings and Piracy on Digital Platforms. Constitutional Court Decision No. 84/PUU-XXI/2023
This study examines legal protection against copyright infringement arising from film recording in cinemas and digital content piracy on digital platforms. The development of information technology has transformed the distribution of copyrighted works and increased the risk of infringement, both through illegal recording in public spaces and the unauthorized dissemination of exclusive subscription based content. This research aims to analyze the forms of legal protection against such infringements and to examine the juridical analysis of Constitutional Court Decision Number 84/PUU-XXI/2023 in the context of copyright violations in digital media and public spaces. The research method employed is normative and empirical legal research using statutory approaches, analysis of Constitutional Court decisions, and observation of digital piracy practices. The findings indicate that cinema camcording and unauthorized distribution of digital content constitute copyright infringement protected under Law Number 28 of 2014 on Copyright and related regulations. Constitutional Court Decision Number 84/PUU-XXI/2023 emphasizes that copyright protection must adapt to technological developments and reinforces the role of the state in regulating the protection of works in the digital environment. This study concludes that although the legal framework for copyright protection already exists, stronger supervision and more effective law enforcement are still required on an ongoing basis to address digital piracy challenges.
Copyright (c) 2026 Venia Utami Keliat, Angel Pricillia Tak https://creativecommons.org/licenses/by/4.0
The Effectiveness of Somasi as A Means of Resolution of Civil Disputes: A Study of Practices at Al Haq Law and Firm
A legal notice (somasi) constitutes a significant instrument in civil law, serving as an initial mechanism to establish a state of default before a dispute proceeds to litigation. Within the framework of Indonesian positive law, particularly under Article 1238 of the Civil Code, somasi is not merely interpreted as a formal warning, but functions as a normative device that delineates the boundary between legal compliance and negligence. This study examines the effectiveness of somasi in resolving civil disputes and explores its practical implementation within Al Haq Law and Firm. The research applies a normative-empirical approach by combining statutory analysis with practical legal observations. Data were collected through a literature review supported by empirical insights and analyzed using a qualitative descriptive-analytical method. The findings indicate that somasi demonstrates a relatively high level of effectiveness in addressing simple civil disputes, particularly those related to breach of contract and debt obligations. Its effectiveness is attributed to its persuasive nature, procedural efficiency, and its capacity to facilitate dispute resolution without resorting to complex and time-consuming litigation processes. Nevertheless, the effectiveness of somasi is not absolute and is influenced by various factors, including the good faith of the parties, the quality of legal reasoning within the notice, and the bargaining positions of the parties involved. In certain circumstances, particularly when dealing with uncooperative parties or disputes that have escalated into more complex conflicts, somasi may lose its practical effectiveness. Therefore, somasi should be understood not merely as an administrative formality, but as a strategic legal instrument that integrates normative authority with persuasive approaches in achieving effective and equitable civil dispute resolution
Copyright (c) 2026 A.M Tasmika, Wahyu Prawesthi, Sri Astutik https://creativecommons.org/licenses/by/4.0
Cross-Border Personal Data Transfer Requirements under Indonesia’s Personal Data Protection Law: Normative Clarity and Legal Protection
This article examines the normative construction of Article 56 of Law Number 27 of 2022 on Personal Data Protection, which regulates the requirements for cross-border personal data transfers. The study is motivated by the increasing transfer of personal data within the digital ecosystem, which may weaken the protection of data subjects’ rights if it is not supported by clear legal norms. This study aims to analyze the normative construction of Article 56 and the implications of its normative ambiguity for legal certainty and the legal protection of data subjects. This study employs a normative legal research method using statutory, conceptual, and limited comparative approaches. The findings show that Article 56 establishes three requirements for cross-border personal data transfers, namely an equivalent or higher level of protection, adequate and binding protection, and the consent of the data subject as a last resort. However, this provision does not yet provide clear normative parameters regarding the standard of equivalent protection, the form of adequate and binding safeguards, or the limits on the use of consent. Therefore, Article 56 needs to be clarified in order to provide legal certainty and ensure the protection of data subjects’ rights in cross-border personal data transfers.
Copyright (c) 2026 Diana Puji Ratna Kusuma Fitri, Hananto Widodo, Budi Hermono https://creativecommons.org/licenses/by/4.0
The Validity Of Receipts As Proof Of Payment In Land Sales And Purchases And Its Implications For Legal Certainty (Study Of Decision Number 11/Pdt.G/2024/Pn Majalengka)
This study aims to analyze the evidentiary strength of receipts as proof in land sale transactions and the legal implications on the validity of agreements and transfer of rights when the seller’s whereabouts are unknown, as reflected in Decision Number 11/Pdt.G/2024/PN Majalengka. The research employs a normative juridical method with statutory and case approaches. The results indicate that a receipt, as a private document, has valid evidentiary value under Articles 1866 and 1874 of the Civil Code, provided it is supported by other evidence such as witness testimony, village records, and physical possession of the land. Although not executed in the form of a Sale and Purchase Deed (AJB), the agreement remains materially valid as it fulfills the requirements of Article 1320 of the Civil Code. However, administratively, the transfer of land rights cannot be registered without an AJB as required by Government Regulation No. 24 of 1997. In cases where the seller cannot be located, a court decision serves as a substitute legal basis to ensure legal certainty and protect good faith buyers.
Copyright (c) 2026 Rafi Galuh Arizky, Yuniar Rahmatiar, Muhamad Abas https://creativecommons.org/licenses/by/4.0