JIHAD : Jurnal Ilmu Hukum dan Administrasi
Journal title : JIHAD: Jurnal Ilmu Hukum dan Administrasi Initials : JIHAD Abbreviation : JIHAD Frequency : 4 issue pertahun (Maret, Mei, September & Desember) DOI : Doi Prefix 10.58258 ISSN : 2745-9489 (Cetak), 2746-3842 (Elektronik) Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala Editor In Chief : Noni Antika Khairunnisah, S.Pd., SE., MM Indexed : Google Scholar, Garuda, Sinta JIHAD: Jurnal Ilmu Hukum dan Administrasi merupakan jurnal ilmiah yang fokus pada bidang hukum dan administrasi yang diterbitkan oleh penerbit LPP Mandala Jihad: Jurnal Ilmu Hukum dan Administrasi menerbitkan tentang disiplin ilmu (Sosiologi Hukum, Sejarah Hukum, Hukum Komparatif) dan Administrasi seperti administrasi negara, pemerintahan, Administrasi Niaga, Ilmu Kenotariatan, Administrasi Agraria. diterbitkan sejak tahun 2020. Mulai Tahun 2024 terbit dengan periode penerbitan sebanyak 4 (empat) kali dalam setahun, yaitu bulan Maret, Mei, September dan Desember. JIHAD: Jurnal Ilmu Hukum dan Administrasi Akresitasi Sinta 6 Kementerian RIstek Dikti
Lembaga Penelitian dan Pendidikan (LPP) Mandala
Legal Review of Perpetrators of Schizophrenic Psychiatric Disorders (Legal Review of Article 44 of Law Number 1 of 2023 In The Crime of Murder) (Case Study Decision Number: 181/Pid/2024/PT DKI)
(1) Schizophrenia is a serious mental disorder in which the sufferer has difficulty distinguishing between delusion and reality. This condition is commonly characterized by unusual behaviors such as delusions and hallucinations. For this reason, individuals experiencing such symptoms are often referred to as "insane," though the term carries stigma and oversimplification. (2) This research employs a normative juridical approach, specifically using the statute approach and the case approach. The writer also applies a qualitative descriptive analysis method to provide a comprehensive understanding of the phenomena under study. (3) The murder case involving Andi Andoyo in Decision Number 181/Pid/2024/PT DKI attracted public attention due to the involvement of a perpetrator diagnosed with paranoid schizophrenia. Despite medical evidence and expert testimony confirming a severe mental disorder, the panel of judges sentenced the defendant to 16 years in prison. In fact, Article 44 of the Indonesian Penal Code (KUHP) provides legal space for individuals with mental disorders to be rehabilitated rather than punished with imprisonment. This highlights the importance of substantive justice and the need for a more sensitive judicial system toward the mental condition of defendants. (4) Article 44 of Law Number 1 of 2023 concerning the Criminal Code allows for mentally ill offenders to be exempt from punishment and placed in a mental hospital. This is also in line with Law Number 17 of 2023 concerning Health, which affirms the right of individuals with mental disorders to receive medical care and rehabilitation. When medical aspects are ignored in legal considerations, achieving substantive justice becomes increasingly difficult.
Consumer Losses Due to Business Actors in Online Stores: Legal Analysis and Solutions
In healthy business or economic activities, a balance of legal protection is needed for consumers and business actors, this is because many consumers are harmed by the fraudulent actions of business actors. The problem formulation is: How is the validity of online transactions via Instagram viewed from Article 1320 of the Civil Code and what form of legal protection is provided for consumers due to losses by online shop business actors on Instagram. Normative juridical research method with a qualitative approach. The legal basis for online transactions is the same as transactions in general, referring to the basic provisions of Article 1320 of the Civil Code as a condition for the validity of the agreement, whereas online sales and purchase agreements remain as valid as conventional sales and purchase agreements, if they still comply with Article 1320 of the Civil Code. If the consumer's rights are not fulfilled, the consumer can take legal action as regulated in Article 38 and Article 39 paragraph (2) of the ITE Law and Article 47 and Article 48 of the Consumer Protection Law. Suggestions that can be given in the future need to be made legal regulations that specifically regulate e-commerce so that consumer rights in electronic transactions, especially using Instagram media, which is not used for selling purposes like other e-commerce which is specifically designed for online shopping, can be better guaranteed.
A Comprehensive Analysis of Modern Investment Principles: Trends, Challenges, and Investment Implications in the Digital Age
This study aims to examine and analyze recent developments in investment practices and outcomes in the digital era. The main focus includes the impact of financial technology (FinTech) adoption on corporate investment efficiency and allocation, the behavior of retail investors increasingly influenced by social media and online trading platforms, as well as the dynamics of sustainable investment (ESG) and its implications for financial performance. In addition, this study highlights policy aspects and managerial practices that are relevant to the changing landscape of modern investment. Based on a synthesis of literature from the past five years, the findings indicate that digitalization—through the use of FinTech and online platforms—has transformed capital allocation mechanisms while also affecting investor decision-making patterns. Meanwhile, empirical evidence regarding the impact of ESG-based investments on corporate performance remains heterogeneous, indicating the need for more comprehensive data and consistent reporting standards. Thus, this study contributes to a deeper understanding of the trends, challenges, and implications of investment in the digital era.
Copyright (c) 2025 Nurholis Majid, Y. A. Triana Ohoiwutun
The Authority of the Regional Head in the Dismissal of State Civil Servants Based on a Court Decision That Has Permanent Legal Force
This study examines the authority of regional heads in dismissing State Civil Apparatus (ASN) in South Bolaang Mongondow Regency based on court decisions that have permanent legal force (inkracht). This study is important considering that regional heads have a strategic role in fostering regional personnel, but the exercise of their authority in terms of dismissal of ASN often raises legal problems, especially when dealing with a final and binding court decision. This study uses a normative juridical method with a legislative approach and case studies in the area. The results of the study show that normatively, regional heads have a clear legal basis to dismiss civil servants who have been sentenced to criminal offense based on court decisions that have been inkracht, as stipulated in Law Number 5 of 2014 concerning the State Civil Apparatus and its implementing regulations. However, in South Bolaang Mongondow Regency, the implementation of these authorities still faces challenges, such as inconsistencies in regulatory interpretations, political interventions, and lack of understanding of the general principles of good governance (AUPB). Therefore, legal certainty, strict technical guidelines, and stronger supervision are needed so that the authority of regional heads in dismissing ASN is truly carried out professionally, objectively, and fairly.
Copyright (c) 2025 Sofian Wijaya Mokoginta
Legal Analysis of Property Transfer Regions in Supporting Government Governance the Good Ones in South Bolaang Mongondow Regency
This study aims to analyze the legal aspects of the transfer of regional property in order to support good governance in South Bolaang Mongondow Regency. The transfer of regional property is a form of regional asset management that must be carried out transparently, accountably, and in accordance with applicable laws and regulations. The research method used is a normative juridical approach with a case study in South Bolaang Mongondow Regency. The results of the study show that the transfer of regional property still faces various legal obstacles, including the lack of understanding of regional officials on the transfer procedure, as well as the lack of supervision and transparency in its implementation. This has an impact on the low effectiveness of good governance. Therefore, it is necessary to increase the capacity of human resources, improve technical regulations, and strengthen the supervisory mechanism to ensure that the transfer of regional property runs according to the principles of good governance. This research provides strategic recommendations to encourage the creation of cleaner, transparent, and accountable governance in South Bolaang Mongondow Regency.
Impelension of Supervision by the Government Internal Supervision Apparatus (Apip) on Village Financial Management in Bolaang Uki District
This study aims to analyze the implementation of supervision carried out by the Government Internal Supervision Apparatus (APIP) on village financial management in Bolaang Uki District, as well as to find out the obstacles faced in its implementation. Village financial management is an important aspect of transparent and accountable village development, so it requires an effective supervision mechanism. The research method used is an empirical juridical approach with data collection through field studies and documentation. The results of the study show that supervision by APIP has not been fully optimal, characterized by inconsistencies in the reporting and use of village funds. The inhibiting factors include limited human resources, low understanding of village officials on financial regulations, and weak coordination between APIP and village governments. Therefore, it is necessary to strengthen the capacity of APIP, increase training for village officials, and synergy between institutions to encourage village financial management in accordance with the principles of good governance.
Copyright (c) 2025 Haryono Suyono Djakia
The Effectiveness of the Duties and Authorities of Regional Heads in Handling Regional Losses in South Bolaang Mongondow Regency
This study discusses the effectiveness of the implementation of the duties and authorities of regional heads in handling regional losses in South Bolaang Mongondow Regency from the perspective of state administrative law. Based on the provisions of laws and regulations, especially Law Number 23 of 2014 concerning Regional Government and Government Regulation Number 38 of 2016 concerning Procedures for Claiming Regional Compensation for Non-Treasurer Civil Servants or Other Officials, regional heads have a central role in the process of settling regional losses. This study uses a normative juridical method with a legislative approach and concrete cases in the area. The results of the study show that the implementation of the duties and authorities of regional heads in handling regional losses has not run optimally due to structural constraints, weak internal supervision, and lack of understanding of the apparatus regarding the mechanism of claiming compensation. Therefore, it is necessary to strengthen implementing regulations, increase the capacity of apparatus, and optimize the function of regional inspectorates as part of the internal supervision system of local governments.
The Effectiveness of Animal Control Implementation According to Regional Regulation No.17 Of 2016 Concerning Public Order in South Bolaang Mongondow Regency
This study aims to analyze the effectiveness of the implementation of free-range animal control as stipulated in the Regional Regulation of South Bolaang Mongondow Regency Number 17 of 2016 concerning Public Order. The main problem studied was the extent to which the regulation was implemented effectively and the obstacles faced by local regulation enforcement officials in implementing these provisions. This study uses an empirical juridical approach method by collecting data through literature studies and interviews with Satpol PP officials and the local community. The results of the study show that the implementation of animal control has not run optimally due to the lack of human resources, supporting facilities, and low legal awareness of the animal owner community. In addition, weak supervision and sanctions enforcement are the main inhibiting factors. Therefore, a strategy of institutional capacity building, continuous socialization, and cross-sector collaboration is needed to support the enforcement of local regulations more effectively
The Effectiveness of the Implementation of the Local Government Digitalization Program in Increasing Local Original Income in South Bolaang Mongondow Regency
This study aims to analyze the effectiveness of the implementation of the digitalization program implemented by the Regional Government of South Bolaang Mongondow Regency in order to increase Regional Original Revenue (PAD). Government digitalization is part of efforts to reform bureaucracy and regional financial transparency which is expected to improve the efficiency of public services and optimize regional revenue. The research method used is an empirical juridical approach with data collection techniques through literature studies, observations, and interviews with local government officials and related parties. The results of the study show that the implementation of digitalization, such as regional tax information systems and electronic-based licensing services, makes a positive contribution to increasing PAD. However, its effectiveness is still constrained by technical factors such as uneven technological infrastructure, low digital literacy of apparatus, and limited supporting regulations. Therefore, it is necessary to strengthen regional legal policies, increase human resource capacity, and synergy between institutions to support the sustainability of digitalization programs. These findings provide important implications for the development of regional administrative laws and the formulation of digital-based fiscal policy strategies
Copyright (c) 2025 Mohamad Dicky A. Paputungan
JUDICIAL SCRUTINY IN THE RULING OF THE KUHAP
The Draft Criminal Procedure Code of 2025 "reverts" to using the institution of Pretrial as an instrument that implements the function of judicial scrutiny. Previously, the values of accountability were realized in the institution of Commissioner Judges and Preliminary Examining Judges. The institution of pretrial itself has been criticized from both normative and implementation aspects in the 1981 Criminal Procedure Code. This article aims to analyze the formulation of pre-trial in the Draft Criminal Procedure Code 2025. By using doctrinal research, this article argues that the pretrial formulation in the Draft Criminal Procedure Code 2025 has not comprehensively implemented the values of accountability as the crystallization of the principle of judicial scrutiny. Despite some progressive provisions, normatively, the Bill characterizes pretrial as an institution that acts post-factum and is limited to administrative functions. The formulation of pretrial still maintains a reactive function where its work is based solely on requests. In addition, the scope of pretrial proceedings formulated in the definition tends to be degraded by subsequent operational articles.
Copyright (c) 2025 Ahwan Ahwan, Yuni Ristanti
Legal Implications of Private Credit Agreements Registered with a Notary on the Validity of Mortgage Guarantees in Banking Practices.
This study analyzes the legal implications of the use of private credit agreements registered with a notary on the validity of Mortgage guarantees in banking practices in Indonesia. Although the banking sector is highly dependent on collateral, often the principal credit agreement underlying the Mortgage is made privately and only legalized by a notary. The first problem formulation examines the legal status of private credit agreements registered with a notary. It was found that the deed remains a private deed. However, registration with a notary provides certainty of the date and signature, thereby increasing its formal evidentiary power. However, notary legalization does not guarantee the material truth of the agreement's contents, leaving the potential for disputes if the contents of the agreement are disputed. The second problem formulation discusses the legal implications of registering the deed on the validity of the Mortgage guarantee. Formally, this legalized deed is sufficient as a basis for the PPAT to issue a Deed of Granting Mortgage Rights (APHT). However, based on the principle of accession, if the principal credit agreement is proven to be legally flawed or void at a later date, the mortgage attached to it will also be void by law. This places a heavier burden of proof on the bank as the creditor in the event of a dispute regarding the validity of the agreement's contents. In conclusion, although registering a private credit agreement deed with a notary increases formal certainty, it does not completely eliminate legal risks related to the validity of the agreement's contents and its impact on the mortgage guarantee. Therefore, banking practices should prioritize the preparation of credit agreements in the form of authentic deeds before a notary to achieve maximum legal certainty and minimize the risk of disputes.
Copyright (c) 2025 Bella Rahmatika Sahda Wildani
The Annulment of the Constitutional Court's Decision from the Perspective of Hans Kelsen's Pure Legal Theory (Validity & Applicability of Norms)
The phenomenon of the annulment or delegitimization of Constitutional Court (MK) decisions raises significant legal and theoretical issues in Indonesia’s legal system, given that such decisions are constitutionally final and binding. This study aims to analyze the possibility of invalidating MK decisions through the lens of Hans Kelsen’s Pure Theory of Law, focusing on the concepts of norm validity and applicability within the legal system’s hierarchical structure. The research applies a normative juridical approach, using deductive and interpretative analysis of primary and secondary legal materials, alongside the Grundnorm theory to assess the position of MK decisions within the norm structure. The findings reveal that although formally derived from a constitutional institution, the validity of MK decisions may still be questioned if they are inconsistent with the fundamental norms of the Constitution. The absence of a formal mechanism to revoke MK decisions creates tension between legal positivism and substantive justice. The study concludes that Kelsen’s theory offers a robust conceptual framework for objectively evaluating legal norms and provides a philosophical basis for reforming oversight mechanisms against judicial deviation. Thus, this research contributes to the advancement of normative-positivist legal theory discourse and encourages the renewal of understanding regarding the legitimacy of constitutional adjudication in Indonesia.
Law Enforcement Against Perpetrators of Criminal Acts of Child Abuse Committed by Parents
This study aims to analyze law enforcement against perpetrators of criminal acts of child abuse committed by parents, as well as to find out the factors that affect the law enforcement process. Cases of child abuse by parents are a form of serious violation of the rights of children who should receive protection, as stipulated in Law Number 35 of 2014 concerning Child Protection. The research method used is a normative juridical method with a legislative approach and case studies. Data was obtained through literature studies of laws and regulations, legal literature, and court decisions related to cases of child abuse by parents. The results of the study show that law enforcement against perpetrators of child abuse by parents still faces various obstacles, including cultural factors, lack of reporting from the public, and the consideration of law enforcement officials on the blood relationship between the perpetrator and the victim. Although the law has given strict sanctions to perpetrators of child abuse, in practice law enforcement is often compromising on the grounds of family interests. Therefore, it is necessary to increase public legal awareness, the professionalism of law enforcement officials, and the application of the principle of the best interest of the child in every stage of the legal process so that children's rights can be optimally protected.
Implementation of Assessment on Recidivist Perpetrators of Narcotics Abuse at the National Narcotics Agency (BNN) of Gorontalo Province
This study aims to determine the implementation of assessments of recidivist perpetrators of narcotics abuse at the National Narcotics Agency (BNN) of Gorontalo Province, as well as identify supporting and inhibiting factors in the assessment process. The research method used is a qualitative method with a descriptive approach. Data were obtained through in-depth interviews, observations, and documentation of assessment officers, addiction counselors, and recidivist perpetrators undergoing rehabilitation programs. The results of the study show that the implementation of the assessment at the Gorontalo Province BNN includes the screening stage, initial assessment, follow-up assessment, and determination of rehabilitation intervention plans. The implementation of the assessment was carried out in accordance with the Standard Operating Procedures (SOP) set by BNN, but in practice there were still obstacles such as limited human resources, lack of standardized psychological measuring tools, and low level of cooperation from recidivist actors. Nevertheless, assessment plays an important role in determining the level of dependence and the right direction of treatment for recidivists in order to reduce the risk of recurrence of narcotics abuse. Thus, increasing the capacity of officers and providing assessment support facilities are things that need to be considered for optimizing rehabilitation programs within the Gorontalo Province BNN
Law Enforcement Against Domestic Violence in the Gorontalo Police Area
Domestic violence (KDRT) is a human rights violation that has a serious impact on victims, especially women and children. Although it has been regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence, the implementation of law enforcement in various regions still faces various challenges. This study aims to analyze the form of law enforcement for domestic violence cases in the jurisdiction of the Gorontalo Police, as well as identify the inhibiting and supporting factors in the law enforcement process. The research method used is empirical juridical, with a qualitative approach involving interviews with law enforcement officials, victims, and accompanying institutions. The results of the study show that although the Gorontalo Police have tried to handle domestic violence cases seriously, there are still obstacles such as lack of reports from victims, patriarchal culture, limited resources, and lack of public understanding of victims' rights. This study recommends increasing the capacity of law enforcement officials, cross-sectoral cooperation, and legal education to the public to realize more effective protection for victims of domestic violence.
The Influence of Understanding Religious Values on Compliance with State Law among Students at the Al-Musyahadah Islamic Boarding School "Smart House of Indonesia"
The phenomenon of low legal awareness among the public highlights the importance of examining the role of religious values in shaping legal compliance, particularly within Islamic boarding schools. This study aims to determine the effect of understanding religious values on obedience to state law among students of Pondok Pesantren Al-Musyahadah “Rumah Cerdas Indonesia.” The research employed a quantitative approach using simple linear regression analysis. Data were collected from 120 respondents through a Likert-scale questionnaire and analyzed using validity, reliability, and classical assumption tests. The findings indicate that understanding religious values has a positive and significant effect on obedience to state law, meaning that the better the understanding of religious values, the higher the level of legal compliance.
Legal Analysis of the Dismissal of Village Apparatus in Gorontalo Regency
The dismissal of village officials is a legal issue that often causes polemics in various regions, including in Gorontalo Regency. This study aims to analyze the legal basis, procedures, and legal consequences of the dismissal of village officials from the perspective of applicable laws and regulations. The research method used is normative juridical research with a statutory approach and a conceptual approach. Data was obtained through a study of laws and regulations such as Law Number 6 of 2014 concerning Villages, Government Regulation Number 43 of 2014, and Regulation of the Minister of Home Affairs Number 83 of 2015 concerning the Appointment and Dismissal of Village Apparatus and its amendments. The results of the study show that the dismissal of village officials in some cases is not in accordance with legal procedures and good governance principles, thus causing legal uncertainty and violations of the administrative rights of village officials. Stronger supervision and legal understanding from the local government and village heads are needed so that the dismissal process is in accordance with applicable regulations
The Problem of Tax Non-Compliance in Paying Taxes in Nunggi Village, Wera District, Bima Regency
The level of tax compliance among the people of Nunggi Village appears to be less than satisfactory. Taxpayers have not yet fully embraced the process of paying taxes. This low level of tax awareness ultimately leads to low levels of taxpayer compliance. One of the triggers for this "cultural" lack of tax awareness is the lack of public awareness of taxes. This is what makes the people of Nunggi Village reluctant to pay their taxes on time. Furthermore, law enforcement by these officials remains very weak, making it difficult to build taxpayer trust. The cycle that exists between taxpayer non-compliance and the village government, which has failed to provide information on tax regulations, must be broken immediately. One key to achieving this is through public outreach on tax payments.
The Urgency of Extending the Term of Office of the Village Head in Law Number 3 of 2024 concerning the Second Amendment to Law Number 6 concerning Villages
This study discusses the Urgency of Extending the Term of Office of the Village Head in Law Number 3 of 2024 concerning the Second Amendment to Law Number 6 of 2014 concerning Villages. The purpose of this study is to analyze the legal basis as well as the juridical and sociological implications of the policy of extending the term of office of village heads from six years to eight years. The method used is normative legal research with a legislative and conceptual approach. The results of the study show that juridically, the term of office extension policy is intended to create stability in village government, strengthen the effectiveness of development implementation, and reduce political conflicts and the cost of holding village head elections. However, in terms of democracy and governance, this policy raises new problems such as legal uncertainty, weak supervisory mechanisms, and potential abuse of power. Sociologically, term extensions can strengthen social stability, but they also risk prolonging the dominance of village elites and inhibiting leadership regeneration. Therefore, the urgency of this policy can only be justified if it is followed by strengthening the system of accountability, transparency, and community participation in village government.
The Effectiveness of Government Policies on the Prevention of Early Marriage in South Bolaang Mongondow Regency
This study aims to analyze the effectiveness of the South Bolaang Mongondow Regency Government's policies on the prevention of early marriage. The problem of child marriage is still a crucial issue in Indonesia because it has an impact on the quality of human resources, education, and the health of the younger generation. South Bolaang Mongondow Regency (Bolsel) has demographic characteristics that show that around 24.4% of the population is 0–14 years old out of a total of 75,374 people, so it has a high potential risk to the practice of early marriage. This study uses a descriptive qualitative approach with two problem formulations, namely: (1) how to form and implement government policies in preventing early marriage, and (2) how effective these policies are in reducing the practice of child marriage in the community. The results of the study show that the local government through the Office of Population Control, Family Planning, Women's Empowerment and Child Protection (PPKBP3A) has implemented socialization, education, and cross-sector collaboration programs in an effort to prevent early marriage, such as counseling activities in Pintadia Village, Bolaang Uki District in June 2025. This policy shows a positive direction because it increases public awareness about the dangers of child marriage, but its effectiveness is not optimal. Factors that hinder include lack of coordination between agencies, budget limitations, lack of integrated data, and strong family cultural and economic influence.
The Function of the Regional People's Representative Council (DPRD) of Gorontalo Regency in Environmental Supervision
This study examines the function of environmental supervision by the DPRD of Gorontalo Regency with a focus on three main indicators: data and information transparency, coordination with the Environmental Service (DLH), and community involvement. The research method uses a qualitative approach with a descriptive research type. The primary data sources in this study consisted of eight informants, namely DPRD members, DLH representatives, and community leaders. The results of the study indicate that transparent data and information access presented by the DPRD of Gorontalo Regency has not been maximized and open either through social media or other information media that can be accessed directly by the community. Coordination between the DPRD and the Environmental Service of Gorontalo Regency has been well established between the two institutions by conducting RDP (Hearing Meeting) from the Environmental Service followed by programs run by DLH under supervision from the DPRD. For the involvement of the community that plays a role in environmental supervision, it has been formed well in villages/sub-districts but is considered ineffective, thus creating challenges for the DPRD and DLH in handling environmental problems, especially the level of public awareness which is considered still lacking in responding to environmental problems that arise due to the actions of the community itself.
Comparison of the Legal Consequences of Mixed Marriages with and without a Marriage Agreement
Marriage is a profound and multifaceted bond, encompassing both physical and spiritual dimensions, between a man and a woman, which serves as the cornerstone of family life and social stability. In contemporary Indonesia, globalization and increasing cross-cultural interactions have led to a rise in marriages between Indonesian citizens and foreign nationals, commonly referred to as mixed marriages. Despite this growing trend, many couples enter into such unions without establishing a prenuptial agreement, often due to limited awareness of the legal implications and protections available under Indonesian law. The absence of a prenuptial agreement in mixed marriages can result in complex legal challenges, particularly regarding the ownership, management, and division of marital property, inheritance rights, and the ability of Indonesian citizens to retain legal ownership of property, such as land, that may be restricted for foreigners. This paper examines and compares the legal outcomes of mixed marriages conducted with and without prenuptial agreements, drawing upon Indonesian Civil Law, the Marriage Law (UU No. 1 Tahun 1974), the Agrarian Law (UUPA), and relevant judicial decisions including the Constitutional Court ruling No. 69/PUU-XIII/2015. The study highlights how prenuptial agreements can provide legal certainty, protect property rights, prevent disputes, and ensure fair and equitable treatment for both spouses. By analysing these differences, this research offers valuable insights for couples, notaries, and legal practitioners navigating the increasingly complex legal landscape of mixed marriages in Indonesia, and emphasizes the critical importance of legal awareness and proactive planning in family law matters.
Government Strategy in Handling Stunting in Telaga Biru District, Gorontalo Regency
This research aimed to investigate the government strategies in addressing stunting in Telaga Biru District, Gorontalo Regency. The study employed a qualitative approach with a descriptive research design. A strategy is an action chosen to achieve organizational goals; in this case, the strategy within the scope of govemment refers to the actions or decisions made to address a specific issue. The strategies implemented by the Telaga Biru District Government in addressing stunting included programs focused on improving the nutritional intake of stunted children. These programs included the Foster Parent Program (Genting), Posyandu (integrated health posts), sanitation improvements, and the provision of clean water. The results indicated that the strategies of the Telaga Biru District Government in preventing stunting were effective, as they had shown a decrease in stunting rates.
The Urgency of Legal Regulation on the Use of Artificial Intelligence in Digital Marketing Practices in Indonesia
The purpose of this study is to analyze the legal status of Artificial Intelligence (AI) in digital marketing practices in Indonesia and assess the urgency of establishing specific legal regulations governing its fair and accountable use. As digital technology advances, AI is increasingly being used by businesses to automate promotional processes, personalize advertising, and analyze consumer behavior through large-scale data processing (big data analytics). However, the use of AI in this context raises complex legal issues, particularly regarding personal data protection, legal liability, and algorithmic transparency. This study uses a normative juridical approach by analyzing various relevant laws and regulations, including Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law), Law Number 8 of 1999 concerning Consumer Protection, and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). The results of the study indicate that in Indonesia's positive legal system, AI is still viewed as a legal object (instrumental entity) that does not have independent responsibility. Therefore, all legal consequences of its use remain the responsibility of businesses, developers, or electronic system organizers. Based on this, this study confirms that a specific legal framework regarding AI is needed that emphasizes the principles of transparency, accountability, fairness, and protection of digital privacy rights, so that the use of AI in digital marketing can take place ethically, responsibly, and in accordance with the principles of national legal certainty.
Copyright (c) 2025 Moh. Azwar Andi Datu, Moh. Azwar Andi Datu
The Principle of Freedom To Make An Aqad In Islamic Law and Its Implementation to Sharia Banking in Indonesia
Aqad is a basic requirement in every transaction. In Islam, some principles must be fulfilled in each process of making ‘aqad, one of which is the principle of freedom to make ‘aqad. This principle guarantees the creation of a balance and equal bargaining between the parties conducting the transactions. Along with the development of ‘aqad in Sharia Banking, the principle of freedom to make ‘aqad is sometimes not fulfilled, which causes an imbalance between the parties involved in the transaction. This study aims to determine the regulation of the principle of freedom to make ‘aqad in Islamic law and how the principle is applied in Sharia Banking. The approach method used in this research is normative juridical, which relies on secondary data consisting of primary, secondary, and tertiary legal materials. The results of this research are that ‘ulama fiqh have different opinions about the limitations of the principle of freedom to make ‘aqad to be included in the terms of the ‘aqad, there are those who allow it and those who don't. The implementation of the freedom to make ‘aqad in terms of making a clause in the ‘aqad of Sharia Banking in Indonesia, the customer is not yet fully able to claim the right of freedom to make ‘aqad because Sharia bank offers standard contracts to its customers and the customer only has the option to take it or leave it.
Legal Review of the Release of Notification of Summons at the Gresik District Court Class 1 A Based on Perma Number 7 Of 2022
This study examines the legal aspects and practices of the implementation of the release of court summons and notifications at the Gresik Class 1A District Court based on Supreme Court Regulation (PERMA) Number 7 of 2022 concerning Electronic Case and Trial Administration (e-Court). The purpose of this study focuses on the implementation of the e-court system in facilitating electronic summons of litigants and more efficient, fast, and low-cost trial notifications as an implementation of the principles of simplicity, speed, and low-cost in the judicial process. The results of the study indicate that e-court is able to reduce administrative obstacles and expedite the summons and notification process without having to go through a physical summons by a bailiff, thereby increasing access and transparency in the judiciary. This study discusses two problem formulations: to what extent is the relevance and conformity of the provisions of PERMA Number 7 of 2022 with the principles of procedural law and the principles of simple, fast, and low-cost justice related to the use of electronic release of court summons (e-court)? and What are the legal consequences if there is an implementation of release of court summons and notifications that does not comply with the provisions of PERMA Number 7 of 2022? This research uses a normative approach. This research is conducted by examining current regulations and other legal sources. The approaches used in this research include the statute approach, the conceptual approach, and the case study approach.
Effectiveness of Regulation and Law Enforcement against Illegal Investment Organizers Post-P2SK Law
Illegal investments in Indonesia cause substantial public losses and threaten financial system stability. This study analyzes legal threats against illegal investment operators and evaluates the effectiveness of Law No. 4 of 2023 on Financial Sector Development and Strengthening (P2SK Law) in protecting the public. Using a normative legal method with statute and conceptual approaches, the study examines legislation, legal literature, and official publications from the Financial Services Authority (OJK). Findings show that the P2SK Law explicitly prohibits unauthorized fundraising (Article 237) and imposes strict sanctions, including 5-10 years imprisonment and fines up to IDR 1 trillion (Article 305). OJK Regulations 22/2023 and 14/2024 strengthen preventive and enforcement mechanisms through integrated supervision and Satgas PASTI. The study concludes that P2SK significantly enhances legal protection and deterrence against illegal investments. Strengthening financial literacy, optimizing Satgas PASTI, and consistent law enforcement are essential for effective public protection and sustainable financial stability.
Copyright (c) 2025 SEPTIRA PUTRI MULYANA
The Role of AI in Facilitating Positive Social Adaptation to Improve Adolescent Mental Well-Being
This study aims to explore the role of artificial intelligence (AI) technology in facilitating social adaptation that positively impacts adolescents' mental well-being. In the digital age, AI has become an integral part of everyday life, especially among adolescents who are in a period of identity search and social exploration. This study used a descriptive quantitative approach with a survey method through a Likert scale-based questionnaire distributed online. Six main aspects were analyzed, namely AI's ability to facilitate social adaptation, generate self-confidence, impact on mental well-being, integration of psychological components, effectiveness in overcoming anxiety, and adolescents' level of trust in AI. Results showed that the AI was moderately effective in providing social and emotional adaptation support, with “positive impact on mental well-being” receiving the highest score (mean 3.83). However, adolescents' level of trust in the AI was low (mean 2.83), indicating the need for further development of a design approach that is more humanistic and sensitive to adolescents' psychosocial needs.
Copyright (c) 2025 Siti Gita Amalyah Akbar, Konto Iskandar Dinata
Implementation of the Policy of law Number 25 Of 2009 Concerning Public Services at the Investment and One-Door Integrated Services Service of Belu Regency
The Investment and One-Stop Integrated Service Office of Belu Regency provides public services for residents in Belu Regency to meet their needs in accordance with laws and regulations. In the implementation of services, various obstacles are still encountered, one of which is the low and minimal human resources, both in quality and quantity. The purpose of this study is to describe and analyze the implementation of policies at the DPMPST of Belu Regency. This study uses the Policy Implementation Model proposed by George Edwards III. Policy implementation is examined from four factors, namely: communication, resources, disposition, and bureaucratic structure. The study uses qualitative methods, with data collection techniques through interviews, observation, and documentation. The results of the study indicate that the implementation of the Public Service Mall in Belu Regency has been running in accordance with the provisions of laws and regulations, then to measure the performance of the organizers, a Public Satisfaction Survey was conducted for the period January to June 2025, the quality of service showed very good results with a KIM value of 99.28.
Copyright (c) 2025 Joseph Franky Leto Bere, Fransiskus Atok, Febriani Martins Nai Buti, Graceana Elma Mau Buti
Principles of Caution by Land Deed Officials (Ppat) in Transfer of Land Rights
The deed of land right transfer is a valid evidence instrument created by the Land Deed Official (PPAT) as an authorized official, which provides legal certainty and protection to the parties regarding the transfer of land ownership. However, a land transfer deed for uncertified land is prone to disputes if the PPAT does not apply the principle of prudence. Therefore, this research aims to analyze the application of the PPAT's principle of prudence in the sale and purchase of land rights, focusing on the case study of Decision Number: 712/Pdt.G/2022/PN.Tng, and to analyze the legal protection for the buyer of land rights without title documentation. The method used in this research is normative juridical, utilizing primary, secondary, and tertiary data sources obtained from literature study. The collected data will then be analyzed and systematized qualitatively. The results of this study indicate that, firstly, the PPAT has not applied the principle of prudence as they were deemed insufficiently thorough in ensuring the validity of the data during the creation of the deed. The second finding shows that a buyer of land rights whose ownership is not proven in court is considered illegitimate, thus the buyer does not obtain legal protection. However, the buyer can pursue legal remedies such as appeal, cassation, and judicial review.
Copyright (c) 2025 Novarisma Listiarini Prastowo
The Role of Village Government in Administrative Service Governance in Tenilo Village, Tilamuta District
The role of village government in improving the quality of administrative services at the village office is part of the effort to realize professional public services that are oriented toward community satisfaction. The village government acts as both a policymaker and a service implementer, responsible for providing an orderly, fast, and transparent administrative system. This study was conducted at the Tenilo Village Office, Tilamuta District. The purpose of this research is to determine the extent to which the village government plays a role in improving the quality of administrative services at the Tenilo Village Office, Tilamuta District, Boalemo Regency. This research employs a qualitative method. Data collection techniques include observation, interviews, and documentation. The data sources consist of primary and secondary data. The data analysis technique used is descriptive qualitative analysis, which includes data reduction, data presentation, and conclusion. The results of the research conducted at the Tenilo Village Office, Tilamuta District, indicate that the government has played an active role in improving the quality of administrative services. However, there are still inhibiting factors in improving service quality. Internal constraints include: (1) service facilities, (2) skills and competencies, and (3) budget limitations. Meanwhile, external constraints include: (1) community participation.
Copyright (c) 2025 Novita B Mukdin, Jefri Polinggapo, Lisnawati Paweni, Dewi Walahe, Sarfan Tabo
The Problem of the Validity of Verified Electronic Signatures on Party Deeds and the Challenges for the Performance of Land Deed Officials
The emergence of cyber notary in Indonesia reflects an urgent response to society’s growing demand for fast, secure, and accessible legal services. Within civil law, authentic deeds (akta autentik) created by notaries hold the highest evidentiary value, as regulated under Articles 1866–1868 of the Civil Code. One of the essential elements ensuring the authenticity of such deeds is the signature of both parties and the notary. The development of information technology has introduced electronic signatures as a legal alternative to handwritten signatures, recognized under the Electronic Information and Transactions Law (UU ITE). However, a normative conflict arises since Article 5(4) UU ITE excludes notarial deeds from electronic documents, while the Notary Law (UUJN) still requires physical signatures and presence. This regulatory disharmony has caused electronic-signed notarial deeds to risk being downgraded from authentic deeds to private deeds, reducing their evidentiary weight in civil procedure. The implications are significant: not only is legal certainty weakened, but notaries also face greater liability if disputes occur. Through a normative juridical approach, this study highlights the need for legal reform that explicitly accommodates cyber notary practices and electronic signatures, ensuring that digital transformation does not undermine the legal certainty and evidentiary strength of authentic deeds.
Copyright (c) 2025 Jesselyn Valerie Herman, Michelle Florentin Phortolomeius
Implementation of Labor Protection Policy in Bone Bolango Regency, Gorontalo Province
In order to protect occupational safety and health in carrying out work, such protection must be in accordance with applicable laws and regulations. For workers/laborers, with the guarantee of occupational safety protection, it will create a peaceful working atmosphere so that workers/laborers will be able to focus their attention on the work as much as possible without worrying about being hit by a work accident at any time. This study was conducted to determine and analyze the implementation of labor protection policies in Bone Bolango Regency, Gorontalo Province. This study uses a qualitative method with a descriptive approach, namely research that produces descriptive data in the form of written or spoken words from people and observable behavior. The results of the study have shown that the labor protection policy program implemented by the Bone Bolango Regency Government has been running well in accordance with the provisions of applicable laws and regulations. This can be seen from several protection indicators used, namely: 1) Economic protection; 2) Social protection; and 3) Technical protection. Based on the results of the study, it has been shown that these three forms of protection provided can guarantee the welfare of workers and the community who participate in the protection program. Therefore, the Bone Bolango Regency Government continues to maximize the labor protection program by continuously monitoring and evaluating various labor business activities, so that income and welfare for workers and the community in Bone Bolango Regency continue to increase in the future.
Copyright (c) 2025 Robby Hunawa, Abdul Wahab Podungge, Muten Nuna, Sarfan Tabo, Jefri Polinggapo
Legal Study on the Preservation of Traditional Weaving in North Lombok: Between Intellectual Property Rights and Communal Protection
Traditional weaving from North Lombok represents intangible cultural heritage with significant economic and cultural value, yet faces threats of extinction and commercial exploitation without fair compensation. This research examines legal protection of traditional weaving through Intellectual Property Rights and communal protection regimes based on Law Number 28 of 2014 on Copyright and Government Regulation Number 56 of 2022 on Communal Intellectual Property. The research employs a normative juridical approach with analysis of laws and regulations and case studies in North Lombok. Findings reveal a dual protection system where the state holds copyright over traditional cultural expressions but has not optimally conducted inventory and economic benefit distribution to weaving communities. Main constraints include minimal documentation of weaving motifs, limited legal awareness among communities, and absence of clear benefit-sharing mechanisms. The research recommends accelerating inventory of North Lombok traditional weaving, strengthening weaving community institutions, and establishing specific regional regulations governing protection and economic utilization of weaving based on communal justice principles.
The Paradox of Limited Evidence and the Legitimacy of the Decision in the Ferdy Sambo Case
The Paradox of Limited Evidence and the Legitimacy of Verdicts in the Ferdy Sambo Case reveals the gap between legal norms and the reality of criminal justice practice in Indonesia. This study originates from the background of evidentiary failure, which should serve as the core of judicial proceedings but was distorted by manipulation and obstruction of justice. The aim of the research is to analyze how the evidentiary system in the Indonesian Criminal Procedure Code, which adopts the negatief wettelijk bewijs system, failed to function properly in the Sambo case due to tampered evidence, pressured witnesses, and bureaucratic subordination. The research method employs a normative juridical approach with a case study, examining relevant legislation, doctrines, and court decisions. The findings show that although Indonesian law provides a comprehensive normative framework to guarantee justice through the 1945 Constitution, TAP MPR XVII/1998, the Criminal Procedure Code, the Penal Code, the Anti-Corruption Law, and the Judiciary Law, in practice the legal system remains vulnerable to abuse of power. The study concludes that the Sambo case is not only about premeditated murder but also reflects the fragility of evidentiary integrity and the legitimacy of judicial verdicts in the eyes of the public.
Responsibilities of the Land Deed Making Office in the Preparation of a Sale Purchase Deed on a Guarantee Without the Consent of the Object Owner
The responsibility of Land Deed Officials (PPAT) in ensuring the validity of land sale and purchase transactions in Indonesia, as well as the legal consequences in the event of negligence. As a state based on the rule of law based on Pancasila and the 1945 Constitution, Indonesia requires authentic evidence to ensure legal certainty, order, and justice. Authentic deeds, drawn up by public officials such as notaries and PPATs, play a crucial role in every legal act, including land transactions. Judicial Review Decision Number 47 PK/Pdt/2025, in which the PPAT allegedly abused his authority and made a deed that did not comply with procedures, resulted in losses for one of the parties. The research method used was normative juridical, with a conceptual and legislative approach, as well as a literature study to analyze secondary data such as books, journals, and regulations. The results of the study indicate that PPATs have a responsibility to ensure the legality of transactions and prevent future disputes. Negligence in the administrative process, such as not promptly transferring the title to a certificate, can create legal uncertainty. The legal consequences of unlawful acts by PPATs can render the deed they have drawn up null and void and trigger disputes. This study concludes that legal protection for buyers in good faith is crucial. Therefore, improvements to the land administration system and closer collaboration between Land Deed Officials (PPAT) and the National Land Agency (BPN) are needed to create legal certainty and protect community rights.
Copyright (c) 2025 Zahra Bildia, Sri Wahyu Handayani
Transfer of Land Rights Based on A Blank Deed of Agreement Made by a Notary and Land Deeds Office (PPAT)
In the life of society, a provision is needed that regulates the proof of the occurrence of an event, condition or legal act, so that in civil law, an important role is needed for a deed as a written document that can provide written proof of the existence of an event, condition or legal act. Legal acts carried out by a person with written evidence are made and published in the form of an authentic deed that contains the formal truth about the existence of a legal act carried out to determine the rights and obligations of each person who carries out a legal act, achieves legal certainty, and proof of the legal act. The background is the practice of agreements for building shophouses which are stated in the Deed of Agreement through blank forms made before a Notary. The issue that arises then is whether the agreement can be accepted in positive law. The problem in this journal discusses how the Notary's Responsibility for the Deed of Agreement through blank forms and How the Legal Protection for the injured party is for the Deed that is canceled, which aims to gain an understanding regarding the validity of the Deed of Agreement. The method used is Normative Jurisprudence, Conceptual Approach Type, Using Data Collection Methods with Literature studies related to Laws and Regulations, and the Research Specifications used are Descriptive Techniques that focus on solving legal problems and events. The results of this study explain that the Notary's responsibility in making a deed of agreement through blank forms is very large, including civil, criminal, and administrative responsibilities Legal protection for parties to a deed of agreement that is canceled by law is based on the principle of justice and legal certainty guaranteed by statutory regulations.
Copyright (c) 2025 Ellana Nur Syafitri, Sri Wahyu H andayani
Principles of Caution by Notaries Regarding Transfer of Land Rights Based on A Name-Border Agreement from the Perspective of Land Registration Regulations
not recognized by the Civil Code but grow and develop in society. This practice has become a fairly common phenomenon, especially in regional areas. a popular tourist area, where many foreigners are interested in owning property but are prevented by applicable legal provisions. Agrarian law strictly prohibits foreigners from owning land with freehold rights. This not only has the potential to harm the country financially, but also creates legal uncertainty that can hamper the long-term investment climate. From a public policy perspective, the existence of name loan agreements reflects a gap between market needs and the existing legal framework. A comprehensive study is needed to formulate policies that can accommodate global economic dynamics without compromising the fundamental principles of national agrarian law. The research method used is normative juridical, the type of approach used is a conceptual approach and a legislative approach, the data analysis method used is a literature study using qualitative analysis. The results of this study are that the position of the nominee agreement also has the potential to cause legal uncertainty and social conflict, especially if there are dual claims to land ownership, in practice, the court tends to reject the Nominee agreement because it violates the principle of nationality which is the main basis of the Basic Agrarian Law. The principle of caution has an important role for Notaries in carrying out their duties and authorities, so that Notaries must play a role in providing legal counseling to the parties regarding the contents that will be stated in the form of a Deed so that in the implementation of the principle of accuracy or caution must be carried out in the process of making a deed.
Copyright (c) 2025 Nabela Maulinda Artamira, Sri Wahyu Handayani
Legal Implications on the Transfer of Land Rights Due To Breach of Agreement Deeds Made Before a Notary Based on Land Registration Provisions
And legal protection of authentic deeds that function as evidence. Authentic deeds are very essential in civil relations to prove legal acts and determine rights and obligations, including in the context of agreements or contracts. The case study focuses on Decision Number 408 / Pdt / 2023, which involves a shophouse construction and profit sharing agreement. The Plaintiffs made a Deed of Shophouse Construction and Profit Sharing Agreement Number 28 dated November 14, 2012 before Notary & PPAT Yeni Pujihartini, S.H., M.Kn. (Defendant II), with Johan (Defendant I) as the developer. The legal problem that arose was the alleged negligence / violation of procedures by the Notary because the Plaintiffs were asked to sign a blank paper and then the contents of the Deed they received (the number of shophouses written as 4) were different from the initial agreement. Another main problem was the default by Defendant I who did not complete the construction and hand over the shophouses to the Plaintiff. This case highlights the significance of authentic deeds as strong evidence and simultaneously underscores the responsibility of Notaries to ensure the formal and material truth of the deed in accordance with the wishes of the parties and applicable regulations. The breach of contract lawsuit filed with the Sengeti District Court emphasizes the need for Notary integrity in carrying out their official duties to maintain the evidentiary value of the deed and provide maximum legal protection for the public. In an increasingly advanced era, the role of notaries is increasingly needed by the public who will undertake legal actions, one of which is in making agreements. This relates to the need for the availability of strong evidence, in the event of a future dispute between the parties. Therefore, in carrying out their official duties, Notaries in providing their services must comply with the provisions of laws and regulations.
Copyright (c) 2025 Putri Fadillah, Sri Wahyu Handayani
Formal Requirements for the Revision of the TNI Law from the Perspective of Public Participation
The process of formulating legislation in Indonesia requires the fulfillment of formal requirements, one of which is public participation. Public participation is a crucial pillar in ensuring democratic legitimacy and the quality of the substance of laws. However, the 2025 revision of Law Number 34 of 2004 concerning the Indonesian National Armed Forces is considered to ignore this principle. The closed-door discussions, minimal socialization, and the absence of involvement of civil society, academics, and other stakeholders have given rise to criticism of the integrity of the legislative process. This study aims to analyze the formal requirements for the revision of the TNI Law from the perspective of Public Participation as stipulated in Law Number 12 of 2011 and the Constitutional Court Decision. The TNI Law revision process does not fully implement the principle of participation, thus potentially creating formal flaws that can become the basis for formal testing (judicial review), weaken legal legitimacy and threaten the principle of popular sovereignty in a democratic state. Therefore, this study emphasizes the need to strengthen legislative oversight mechanisms and institutionalize public participation as an absolute requirement in the process of formulating laws in Indonesia.
Analysis of Public Service Quality at the Class II TPI Atambua Immigration Office
In the current era of rapidly advancing technology, the quality of public services has become an important issue frequently encountered across various sectors of public facilities. One visible indication is the continued existence of public complaints regarding suboptimal service delivery, often expressed through different technological platforms. This situation has led to the emergence of negative perceptions among the public toward government officials responsible for providing public services. This study aims to analyze and understand the quality of public services at the Immigration Office Class II TPI Atambua. In practice, the officers at the Immigration Office strive to improve service quality by focusing on public interest, integrity, and professionalism. The research employs a qualitative method with a descriptive approach, referring to five dimensions of service quality: Tangibles, Reliability, Responsiveness, Assurance, and Empathy. These five dimensions serve as the basis for evaluating the quality of services provided by the Immigration Office Class II TPI Atambua, with the expectation of achieving high-quality public service delivery. The results of the study indicate that the overall quality of public services in the passport application process at the Immigration Office Class II TPI Atambua is categorized as good. However, several aspects still require improvement, particularly in terms of service timeliness.
Adolescents in Drug Abuse in Sumbawa Regency: A Legal Sociological Review of Weak Social Control and Legal Awareness
Drug abuse among adolescents in Sumbawa Regency has shown a significant increase in recent years, with a growing number of rehabilitated users coming from the 13–18 age group. This phenomenon is not merely a legal violation but also a social symptom arising from weakened social control and low legal awareness. This study aims to analyze the social factors that contribute to adolescents’ vulnerability to drug abuse, focusing on the roles of family, school, peer environment, and the local legal culture. Using qualitative content analysis of online news, institutional reports, and local media publications, this research integrates three major theoretical frameworks: social control theory, differential association theory, and concept of legal consciousness. The findings indicate that the weakening of adolescents’ social bonds with family and school is a key factor that creates space for deviant behavior. Interactions within peer networks serve as a medium for learning and normalizing drug use. Furthermore, low legal awareness leads adolescents to underestimate the legal and moral consequences of their actions, rendering formal law ineffective as a mechanism of social control. Study concludes that drug abuse among adolescents in Sumbawa is socio-cultural problem that requires a multidimensional response, including strengthening family and school-based social control.
Legal Politics for Eradicating Criminal Acts of Corruption Related to Roles and Responsibilities of State-Owned Bank Board of Directors
Legal policy determines the form, direction, and substance of the laws to be enacted. The process of lawmaking is always influenced by political movements, and the political role of political institutions is crucial. The rampant corruption in Indonesia makes the formation of laws related to corruption eradication very dynamic. Corruption crimes in Indonesia require more in-depth study in the context of the process of forming legal policies for their eradication, particularly in the realm of state-owned banks, regarding clear boundaries to minimize criminalization while maintaining justice. Article 9G of Law Number 1 of 2025, concerning the Third Amendment to Law Number 19 of 2003 states that members of the Board of Directors of BUMN are not state administrators, this serves to make the role of the board of directors more professional, however, Law Number 16 of 2025 concerning the Fourth Amendment to Law Number 19 of 2003 concerning State-Owned Enterprises actually eliminates Article 9G which existed in the previous law. The article does not directly address the activities of Corruption Crimes, but by eliminating the inclusion of the clause not being a state administrator has the potential for criminalization because the boundary between pure state losses and business losses is very thin, so it is necessary to have clear boundaries regarding the responsibility of the Directors of State-Owned Banks. Losses that occur in State-Owned Banks are not immediately considered state losses, if they meet certain limits called the Business Judgment Rule (BJR). Directors who cannot be held accountable if there is good faith, reasonable prudence (Due Care) based on risk management and Good Corporate Governance (GCG), and there is no Conflict of Interest (No Conflict of Interest).
Copyright (c) 2025 Ivon Septiandri, Gunardi Lie
The Effectiveness of the Notary Code of Ethics on Administratively Just Public Services
The Notary Code of Ethics is an essential instrument for maintaining professional integrity and ensuring public services that comply with the principles of administrative justice. However, social developments, technological advancements, and the increasing complexity of legal relations necessitate an evaluation of the code’s practical effectiveness. This study aims to analyze the extent to which the Notary Code of Ethics functions as an effective guideline in delivering accountable, diligent, and non-discriminatory public services, as well as to identify the factors that influence its effectiveness. This research employs a normative juridical method using a statutory approach, a conceptual approach, and a comparative analysis of administrative justice principles. Data were obtained through a literature review of relevant legal regulations and scholarly references. The findings indicate that the effectiveness of the code of ethics is significantly influenced by the integrity and competence of notaries, the culture of the professional organization, the strength of regulations and supervisory mechanisms, and the challenges posed by the digitalization of legal services. Ethical violations such as drafting deeds without the presence of parties, document manipulation, and excessive promotion indicate a persistent gap between ethical norms and practical implementation. The study concludes that enhancing the effectiveness of the Notary Code of Ethics requires strengthening professional integrity, updating adaptive ethical norms, enforcing stricter supervision, and improving notaries’ digital capabilities to maintain the quality of public services grounded in administrative justice.
Copyright (c) 2025 Thisia Bianty, Gunardi Lie
Digital Transformation of Public Administration in Higher Education Environment: A Case Study of Lombok Business Academy
This study aims to determine how the digital transformation process in public administration is implemented in a higher education environment, specifically at the Lombok Business Academy. The approach used in this study is a descriptive qualitative approach with a case study method. Data were collected through interviews, observations, and documentation. The results of the study indicate that the Lombok Business Academy has implemented a digital-based administration system through the use of the Academic Information System (SIKAD) and the Learning Management System (LMS). SIKAD makes it easier for students to access academic services such as filling out KRS and checking KHS, while the LMS is used to support the online learning process. This digital transformation has a positive impact on the efficiency, transparency, and quality of campus administrative services. However, several challenges, such as limited infrastructure, unequal digital literacy, and suboptimal system utilization, still require attention. This study illustrates that digital transformation in the higher education environment is an important step in realizing modern and adaptive educational governance.
Digitalisasi Layanan Publik: Evaluasi Modernisasi Birokrasi dalam Perspektif Weber dan Wilson
Digitalisasi layanan publik (e-government) merupakan bagian penting dari reformasi birokrasi di era teknologi. Namun, transformasi ini harus dievaluasi tidak hanya dari sisi teknologinya, tetapi juga struktur dan efektivitas administratifnya. Penelitian ini bertujuan untuk Menganalisis modernisasi birokrasi melalui penerapan e-government menggunakan pendekatan teori Weber (aturan tertulis) dan Wilson (efisiensi administrasi). Penelitian ini menggunakan metode studi literatur dengan pendekatan kualitatif. Data dikumpulkan melalui kajian mendalam terhadap berbagai sumber Pustaka diantaranya, seperti buku, jurnal, artikel ilmiah, dan dokumen terkait yang membahas teori Wiber dan Wilson. dapat disimpulkan bahwa digitalisasi layanan publik merupakan bentuk nyata dari modernisasi birokrasi yang berupaya meningkatkan efisiensi, transparansi, dan akuntabilitas administrasi pemerintahan. Dalam perspektif Max Weber, digitalisasi mencerminkan penerapan prinsip birokrasi rasional-legal, terutama melalui aturan tertulis, struktur hierarkis yang jelas, impersonalitas dalam pengambilan keputusan, serta dokumentasi yang sistematis. Sementara itu, dalam pandangan Woodrow Wilson, digitalisasi mendukung efisiensi administratif dan memperkuat pemisahan antara fungsi politik dan teknis, dengan menjadikan sistem birokrasi sebagai instrumen netral untuk melayani publik.
Literature Study on the Implementation of Public Administration Ethics by ASN in Palangka Raya City
This study aimed to analyze the implementation of public administrative ethics by civil servants in Palangka Raya City through a literature-based approach that focused on scholarly sources, national regulatory frameworks, and official institutional documents. A content analysis method was applied to identify the relevance of administrative ethics in the interaction between formal regulations, bureaucratic culture, and individual ethical awareness among civil servants. The findings showed that although a comprehensive normative framework for civil service ethics had been established, its implementation faced significant challenges, including weak internalization of moral values, the persistence of patrimonial culture, and limited effectiveness of integrity-based supervision. These conditions indicated a gap between normative ethics and ethical practices in the field, which negatively affected the quality of public service delivery. The study concluded that strengthening administrative ethics required a paradigm shift from mere regulatory compliance to sustainable public value orientation through ethical leadership and the integration of local cultural values.
Copyright (c) 2025 Julius Deny Saputra, Alfianus Alfianus, Yoga Pranata
Transfer of Ownership Rights to Land as the Object of Sale and Purchase Under Hand (Receipt) (Study of Land Dispute Decision Number 49/Pdt.G/2025 at the Bitung District Court)
Land-related disputes in Indonesia frequently arise from specific parcels that become the source of conflicts concerning ownership rights and their utilization. This study aims to provide an in-depth analysis of the legal mechanisms governing the transfer of land ownership and the validity of land sale and purchase transactions conducted solely through receipts or private agreements. The research adopts a normative juridical method with a qualitative approach, combining the analysis of statutory regulations, a review of Bitung District Court Decision Number 49/Pdt.G/2025, and an extensive literature study. Data were obtained from primary, secondary, and tertiary legal sources, including statutes, case law, books, and scholarly journals. The findings reveal that the transfer of land ownership is closely linked to the validity of sale and purchase transactions conducted under private agreements. Although such transactions remain legally binding as civil agreements, they are administratively incomplete, thereby preventing the issuance of ownership certificates without additional procedures. These results underscore the necessity for diligence among parties involved and the critical role of Land Deed Officials (PPAT) in drafting authentic deeds. Ensuring compliance with these legal requirements enhances legal certainty, facilitates land registration, and helps prevent recurring land disputes.
Copyright (c) 2025 Masfufah Rosyidah, Sri Wahyu Handayani
Waiver of Rights for Parties Objecting to Compensation in Land Acquisition for Public Interest
The transfer of land rights held by individuals to the state as the result of land acquisition for development in the public interest often gives problems in its implementation. One of those is the issue of the amount and form of compensation for the entitled parties. Specifically, this study discusses the procedure for submitting objections by the people communities and affected agencies as parties entitled to receive compensation due to land acquisition and questions the guarantee of justice and the realization of legal certainty in land acquisition’s implementation. This study uses a normative juridical method. Based on the research, it can be concluded that in the event of an objection regarding the amount and form of compensation, the entitled party can file an objection lawsuit with the district court and file a cassation appeal to the Supreme Court against the district court’s decision. Then, if the entitled party rejects the compensation after a cash payment offer has been made, the agency requiring the land can deposit the compensation money with the district court as consignment
Copyright (c) 2025 Afnan Karenina Gandhi, Sri Wahyu Handayani
The Role of Land Deed Officials (PPAT) In Ensuring Legal Certainty of Land Rights Transfer. Normative Analysis of Supreme Court Decision Number 596 PK/PDT/2020
The Land Deed Official (Pejabat Pembuat Akta Tanah/PPAT) is a public official authorized to issue authentic deeds concerning specific legal actions, such as buying and selling and granting, which are crucial in guaranteeing legal certainty of land rights transfer in Indonesia. This research aims to analyze and evaluate the role of the PPAT in achieving legal certainty through a case study of the Supreme Court's Judicial Review (Peninjauan Kembali/PK) Decision No. 596 PK/Pdt/2020, which addresses a dual ownership dispute over land in West Jakarta. The research method used is normative juridical, involving the study of laws and regulations related to the PPAT and legal certainty, as well as an analysis of the judges' legal considerations in the decision. The results of the analysis indicate that this decision affirms the failure of the PPAT's role in performing its due diligence function. The Deed of Engagement to Sell and Buy (APJB) and the Deed of Sale and Purchase (AJB) created by the PPAT were declared invalid and without binding legal force, as they were based on a flawed process and involved a buyer who was deemed not a party acting in good faith. Consequently, the Right to Build (HGB) Certificate issued based on the deed was also revoked, and the rights of the legitimate owner were restored. The conclusion of this study is that the authentic deed created by the PPAT does not provide an absolute guarantee of legal certainty if the deed creation process violates legal provisions or disregards the principle of prudence. The PPAT bears legal and administrative responsibility for losses incurred due to their negligence, thus necessitating a tightening of standard procedures to ensure valid rights for the realization of legal certainty and protection for the public.
Copyright (c) 2025 Khalilla Nada Travelina, Sri Wahyu Handayani
Duties of Sub-District Head in Implementing Regional Autonomy Based on Law Number 23 of 2014
Since the enactment of Law Number 23 of 2014, the Sub-district Government has undergone many changes in line with the changing paradigm of government as mandated in Law Number 23 of 2014 concerning Regional Government. The purpose of the position and duties of the Sub-district Head in the Regional Autonomy era is to improve coordination of government administration, public services, implement development, and empower Village/Kelurahan communities. The method used is an empirical research method with a legislative study approach and a conceptual and sociological approach. The data analysis used is the method of interpretation of legislation and authentic interpretation, as well as field data. The expected result is that the Sub-district government is required to be sensitive to the changes that occur. All public services and civil services that were previously conventional are now required to be technology-based. The Sub-district Head, as the head of government at the Sub-district level, and other government units, including Village governments should collaborate and coordinate in all sectors.
E-Gov on the Sicantik Application at the Investment and One-Door Integrated Services Service (DPM-PTSP) Gorontalo Regency
This study aims to analyze the implementation of e-government through the use of the SiCantik (Smart Integrated Licensing Service) application at the Gorontalo Regency Investment and One-Stop Integrated Service Office (DPM-PTSP), and to identify various technical and non-technical obstacles that hinder the effectiveness of licensing services. The research method used was a qualitative descriptive method with a case study approach. Data were obtained through field observations, interviews, and documentation of DPM-PTSP employees and service users. The results indicate that the implementation of the SiCantik application has not been optimally implemented. This is due to frequent system maintenance without an effective emergency mitigation mechanism, a high dependence on internet network stability, and limited technical competence of staff in handling system issues. These conditions have implications for the licensing service process and reduced the efficiency and effectiveness of organizational performance. However, the transition from a manual system to an application-based system has had a positive impact on improving the quality of public services. This is evidenced by an 80% increase in permit applications from the first to the fourth quarter. Furthermore, network infrastructure management by the Gorontalo Regency Communication and Informatics Agency (KOMINFO) is considered optimal, supporting the continuity of service operations. Based on the research findings, it is recommended that the SiCantik application center administrator provide a more effective emergency mitigation mechanism, improve coordination between the DPM-PTSP (Directorate General of Public Service) and KOMINFO in system maintenance, and strengthen the technical competence of civil servants through ongoing training. These steps are expected to improve system reliability, streamline service processes, and achieve a more optimal implementation of e-Government within the local government.
The Problem of Normative Inconsistency in Legislation in Indonesia: An Analysis from the Perspective of Legal Science
Normative inconsistency within Indonesia’s legal regulatory system continues to be a significant challenge that disrupts legal certainty, weakens policy implementation, and complicates coordination among government bodies. This study examines the various manifestations of inconsistent norms, explores the root causes behind these discrepancies, and presents solutions based on legislative drafting theory. Using a normative juridical approach, the research relies on extensive literature review of laws, regulations, and academic sources relevant to the topic. The results indicate that inconsistencies appear in several forms, such as overlapping authority between central and regional governments, a mismatch between legal provisions and on-the-ground implementation, unequal funding distribution, insufficient oversight, and inconsistent law enforcement. Contributing factors include inadequate regulatory harmonization, limited expertise among legal drafters, restricted public involvement, political and economic interests, and the proliferation of excessive regulations. From a legislative drafting perspective, addressing these problems requires strict adherence to foundational lawmaking principles, improved harmonization methods, enhanced capacity-building for regulatory drafters, and institutionalized post-legislative review. This study concludes that systematic regulation planning, integrated harmonization, and continuous evaluation are crucial to achieving a coherent and equitable national legal framework.
Copyright (c) 2025 Kaharudin Kaharudin, Muhammad Naufal Wiratama, Mochamad Daffa Khaedar Ali, Aris Wijaksono
Reform of Civil Servant Pension Benefits Implementation Regulations in the Theory of Law and Development
The implementation of Civil Servant Pension Benefits is currently run by PT TASPEN (Persero) since 1987. Payment of Civil Servant Pension Benefits is given monthly for the continuity of old age income as a right and as a reward for the dedication of Civil Servants, as well as the fulfillment of sustainable economic, social and cultural rights and guarantees of a decent life in accordance with duties, responsibilities and obligations. However, with the issuance of Law Number 20 of 2023 concerning the State Civil Apparatus, a new Paradigm has been created regarding the implementation of Civil Servant Pension Benefits. In accordance with Article 22 paragraph (3) and Article 23 of Law Number 20 of 2023 concerning the State Civil Apparatus which states that "Old Age Security and ASN Pension Security are provided in a social security program in accordance with the national social security system and the social security administering body". This causes uncertainty about the future of the "Old Age Program and Pension Program" which has been organized by PT TASPEN (Persero), which has provided financial benefits for Civil Servants. The normative method is used in conducting a study on the Study of the Implementation of Civil Servant Pension Benefits in the Theory of Development Law, there are 3 (three) approaches to studying the problem, namely the legislative approach (statue approach), case approach (case approach), as well as conceptual approaches (conceptual approachThe pension system is a legal instrument directly related to fiscal policy, social protection, and personnel management. Therefore, pension reform must be designed comprehensively and in stages. Development Law Theory provides the basis for pension law reforms to strengthen civil servant governance to support the achievement of national development goals.
Copyright (c) 2025 Dila Kristy Br. Sitepu
Analysis of Land Dispute Decision Letter Inyogyakarta Ptun: Number 19/G/2023/Ptun.YK
This Administrative Court decision focuses on analysing a land dispute case in accordance with Decision Number 19/G/2023/PTUN. The case involves Mrs. SURANI/SURYANI as the plaintiff, who feels aggrieved by the issuance of the KTUN related to the transfer of Ownership Certificate (SHM) Number 11908, which was then transferred to a person named TUTWURI HANDAYANI in 2022, and the Yogyakarta Administrative Court as the defendant that issued the KTUN. The plaintiff filed an administrative appeal because she considered the KTUN to be legally flawed as it did not go through the inheritance procedure, and she wanted the KTUN to be revoked. The purpose of this study is to analyse the elements of Administrative Court Procedure Law contained in Decision Letter Number 19/G/2023/PTUN.YK, as well as to analyse whether the KTUN is proven to comply with applicable legal provisions, such as administrative procedures. The research method used is a qualitative research method that focuses on data through the contents of the above lawsuit.
Copyright (c) 2025 Rizka Alifia Kaisha Aksin
Reform of the Republic of Indonesia's State Police Through the Implementation of Big Data to Improve Efficiency, Transparency, and Accountability
This study aims to analyze the potential application of Big Data within the Indonesian National Police (Polri) to improve the effectiveness, transparency, and accountability of reforms (the Arrangement of Authority and Law Enforcement Institutions). Using normative juridical research methods, this study identifies potential legal challenges, including issues of data privacy, human rights, and external oversight. The results indicate that although Big Data can improve the performance of the Indonesian National Police (Polri), its implementation requires in-depth regulatory adjustments to align with applicable legal principles.
Copyright (c) 2025 Agung Setiawan, Aryadi Almau Dudy
The Validity of Notary Public Deeds in the Capital Market During a Vacuum of License Due to the Retroactive Cancellation of Registration Certificates by the Financial Services Authority
The increasingly significant Indonesian capital market demands a vital role from supporting professions like Capital Market Notaries to ensure legal certainty and compliance. The Financial Services Authority Regulation (POJK) Number 67/OJK.04/2017 mandates the re-registration of the Registered Certificate (STTD), but its implementation triggered an administrative crisis that led to the cancellation of 1066 Notary STTDs, creating a period of "vacuum of license". To assess the impact of this implementation, research is needed on the validity of Notary deeds created during the vacuum of license and the analysis of legal protection provided to the Notary and relevant parties (issuers/investors). This study employs a normative juridical method with a case study approach, referencing the State Administrative Court (PTUN) Decision Number 38/G/2020/PTUN.JKT. The research findings conclude that deeds made by the Notary during the vacuum of license period are vulnerable to legal uncertainty and potentially downgraded to private deeds (underhand documents). However, the PTUN decision indicates that OJK's action cannot fully guarantee legal certainty as it was deemed procedurally flawed and violated the General Principles of Good Governance (AUPB). The implementation of the STTD cancellation regulation failed to realize the objective of providing protection for Notaries and capital market stakeholders, because the Notary and the parties using the deed (issuers/investors) are entitled to legal protection if they can prove compliance with administrative obligations (STTD re-registration).
Digitalization of Public Services Through the Gorontalo Integrated Community (GOMT) Application in Dungingi District, Gorontalo City
Public services are one of the primary functions of government in meeting public needs. With the changing times, digitalization has become a strategic solution for increasing the efficiency, effectiveness, transparency, and accountability of public services. The Gorontalo City Government developed the Gorontalo Integrated Community (GoMT) application to support digital service transformation. This study aims to determine public understanding of the use of the Gorontalo Integrated Community (GoMT) application in Dungingi District, Gorontalo City. This study used a descriptive qualitative approach, with data collection techniques through interviews, observation, and documentation. The results indicate that the digitalization of public services through the GoMT application has not been running efficiently and optimally. The support indicator shows that government support is available in the form of regulations and policies, but public outreach is still minimal, resulting in many residents being unaware of the application. The capacity indicator shows that the availability of human resources is considered adequate, but technological infrastructure remains challenging, such as unequal distribution of internet networks and supporting devices. Meanwhile, the value indicator shows that although the GoMT application has the potential to provide fast, easy, and transparent services, its benefits have not been fully realized because the public still prefers manual services at the village office.Thus, a sustainable strategy is needed, including improving public digital literacy, strengthening network infrastructure, developing simpler and more user-friendly application systems, and consistent budget support. This research is important because it provides a concrete picture of the challenges and opportunities for digitizing public services at the sub-district level. It is hoped that it will provide input for local governments in developing more targeted policies. With these steps, the digitalization of public services through GoMT can be truly realized optimally and more effectively.
Competencies of Teaching Personnel in the Use of Information Technology (IT) At State Middle School 8 Satu Atap (Satap) Telaga Biru
This study aims to determine the level of competency of educators in the use of information technology (IT) at SMP Negeri 8 Satu Atap (SATAP) Telaga Biru Competence in IT mastery is an important indicator in supporting the effectiveness of the learning process in the digital era. This study used a descriptive approach with qualitative methods. Data were collected through interviews, observations, and documentation with teachers and other educational staff at the school. The results indicate that most educators have a basic understanding of information technology use, such as computer operation, office applications, and utilizing the internet as a learning resource. However, there are still limitations in optimally using IT for leaming activities, particularly in integrating technology with teaching methods. Factors influencing IT competency include education level, age, training received, and the availability of technology facilities at the school. Therefore, improving competency through ongoing training and providing supporting resources is essential to foster digital transformation in the educational environment.
E-Planning System in the Regional Development Planning Agency of Gorontalo District
This study aims to analyze the implementation of the e-Planning system in the Regional Development Planning Agency ancy (Bappeda) of Gorontalo Regency using the Technology-Organization-Environment (TOE) approach. The method used is a qualitative approach with data collection techniques through observation, interviews, and documentation. The results of the study indicate that the implementation of the e-Planning system has not been running optimally and still faces various obstacles in three main aspects. From the technological aspect, unstable internet network interference is a dominant obstacle that causes delays and failures in system access. From the organizational aspect, the available SOPs are still general and have not been adapted to the technical needs of each sector, resulting in inconsistencies in task implementation Meanwhile, from the environmental side, the low understanding and technical skills of human resources. as well as unequal training, are challenges in optimizing system use. This study recommends improving network infrastructure, re-drafting more contextual SOPs and ongoing technical training to increase the effectiveness of e-Planning implementation in the Bappeda of Gorontalo Regency.
Land Asset Management Case Study of Asset in Gorontalo District Government
Land asset management in Gorontalo Regency faces various problems, including weak inventories, late reporting by Regional Apparatus Organizations (OPD), and the persistence of uncertified assets and overlapping ownership documents. These conditions indicate that land asset management is not yet optimal. This study aims to describe and analyze land asset management in the Gorontalo Regency Government, focusing on planning, implementation, and supervision. The method used was a qualitative approach with a descriptive approach. Data were obtained through observation, in-depth interviews with the Regional Personnel Agency (BKAD) and Commission II of the Regional People's Representative Council (DPRD), and documentation. Analysis was conducted interactively through data reduction, data presentation, and conclusion drawing. The results indicate that planning is not optimal due to weak coordination and data integration. Implementation is still hampered by recording, assessment, and certification due to limited human resources. Supervision has been carried out through document review, but is hampered by late reporting and a lack of transparency. The conclusions of this study confirm that land asset management in Gorontalo Regency is not yet effective and efficient, necessitating strengthening coordination, inventory systems, human resource quality, and transparent supervision.
Impelementation of Flood Disaster Control Regulations with a Multisectoral Approach
of land administration, public works and water resources, transmigration, environment and peatland management, energy, public financing, legal governance, and inter-institutional coordination. A normative juridical framework, enriched with institutional process mapping, was employed to assess how cross-sectoral policies have shaped hydrological vulnerability and influenced the effectiveness of flood-mitigation efforts. The analysis indicates that the effectiveness of licensing regimes, spatial planning, and field-level monitoring has been constrained by tenure uncertainty, inconsistencies in spatial datasets, weak geospatial verification, and deficits in upstream infrastructure maintenance. Granular violations including land clearing, peat canalization, and incomplete mine reclamation were also found to remain insufficiently addressed by conventional enforcement mechanisms, as reflected in numerous field findings circulating in the public domain. From the land-administration perspective, tenure certainty and risk-layer consolidation are required to be strengthened; from the water-resources perspective, synchronization of planning and infrastructure maintenance must be ensured; from the transmigration perspective, population placement is mandated to be based on hazard mapping and rights protections; from the environmental and peatland perspective, ecological restoration and rewetting are viewed as essential prerequisites; from the energy sector, logistical preparedness and mitigation-budget protection are required to be enhanced; and from the legal perspective, regulatory harmonization and tiered sanctions are required to ensure effective ecological recovery. At the institutional level, strengthened coordination across ministries is deemed necessary to enable consistent implementation of these recommendations. Accordingly, it is concluded that flood management in Sumatra can only be achieved through an integrated and binding governance framework grounded in a unified risk map, systematic licence auditing, and measurable ecological rehabilitation.
Copyright (c) 2025 Emmanuel Ariananto Waluyo Adi, Bayu Ashari, Sintong Martunas M Simanullang, Raihan Bari Muhammad
The Validity of Receipts as Transactions for the Transfer of Land Rights Before the Law
The large number of people who do not understand the law on land transfer rights has become a problem for the legal compliance of land rights owners. People who occupy or own land whose ownership is based only on receipts and private deeds become a problem that arises in the future. Legal certainty regarding the sale and purchase transaction in the transfer of land rights agreed between the seller and buyer based on a receipt without a Sale and Purchase Deed made by a PPAT or PPATS has not been registered at the Land Office, but many buyers still carry out sales and purchases without using a Sale and Purchase Deed made by a PPAT or PPATS. Buyers of sales and purchases carried out without using a Sale and Purchase Deed made by a PPAT and/or PPATS may face legal consequences, such as being unable to register the transfer of land rights at the local land office or not being able to have the land rights transferred to their name. Buyers who carry out sales and purchases that do not comply with procedures will be subject to legal sanctions for committing a violation of the law, either intentionally or due to carelessness in fulfilling their legal responsibilities. Negligent or wrongful acts result in the creation of incorrect legal certificate products, including errors in the legal subject or object of the certificate. As a result, the certificate becomes invalid at the time of its creation or cannot be processed. Legal protection for buyers in good faith can be done through special efforts by filing a lawsuit with the District Court to obtain legal certainty regarding ownership of land rights, then submitting a name change at the National Land Agency, then being able to record the transfer of rights to land ownership based on the decision taken in the lawsuit and used as support for the name change application.
A New Paradigm of Civil Liability for Damages Caused by AI Systems under Article 1365 of the Indonesian Civil Code
The revolution of Artificial Intelligence (AI) has presented fundamental challenges to the classical civil law framework, particularly Article 1365 of the Indonesian Civil Code (KUHPerdata), which is grounded in the concept of "fault" (schuld) . This study analyzes the inadequacy of Article 1365 in addressing damages caused by autonomous and "black box" AI systems . Using a normative legal research method with conceptual and comparative approaches, this article argues that proving the element of "fault" on the part of the developer, operator, or the AI itself is practically impossible . The autonomous nature of AI severs the traditional chain of causality, while its "black box" characteristic obstructs transparency in evidentiary proceedings . Consequently, a potential legal vacuum arises that is detrimental to victims. As a solution, this study proposes a paradigm shift from fault-based liability to strict liability, or at least risk-based liability, for AI operators or developers. This new paradigm is considered more capable of providing legal certainty and protection for victims without the burden of proving elusive faults .
Implementation of Flood Disaster Control Regulations with a Multisectoral Approach
This study was conducted to examine the implementation of flood-control regulations in Sumatra through a multisectoral approach encompassing the perspectives of land administration, public works and water resources, transmigration, environment and peatland management, energy, public financing, legal governance, and inter-institutional coordination. A normative juridical framework, enriched with institutional process mapping, was employed to assess how cross-sectoral policies have shaped hydrological vulnerability and influenced the effectiveness of flood-mitigation efforts. The analysis indicates that the effectiveness of licensing regimes, spatial planning, and field-level monitoring has been constrained by tenure uncertainty, inconsistencies in spatial datasets, weak geospatial verification, and deficits in upstream infrastructure maintenance. Granular violations including land clearing, peat canalization, and incomplete mine reclamation were also found to remain insufficiently addressed by conventional enforcement mechanisms, as reflected in numerous field findings circulating in the public domain. From the land-administration perspective, tenure certainty and risk-layer consolidation are required to be strengthened; from the water-resources perspective, synchronization of planning and infrastructure maintenance must be ensured; from the transmigration perspective, population placement is mandated to be based on hazard mapping and rights protections; from the environmental and peatland perspective, ecological restoration and rewetting are viewed as essential prerequisites; from the energy sector, logistical preparedness and mitigation-budget protection are required to be enhanced; and from the legal perspective, regulatory harmonization and tiered sanctions are required to ensure effective ecological recovery. At the institutional level, strengthened coordination across ministries is deemed necessary to enable consistent implementation of these recommendations. Accordingly, it is concluded that flood management in Sumatra can only be achieved through an integrated and binding governance framework grounded in a unified risk map, systematic licence auditing, and measurable ecological rehabilitation.
Copyright (c) 2025 Emmanuel Ariananto Waluyo Adi, Raihan Bari Muhammad, Sintong Martunas M Simanullang, Bayu Ashari
Comparison of Regulations for Dissolution of Limited Partnerships in Indonesia and in America
and dissolution mechanisms in the Indonesian limited partnership and the American limited partnership. The research used a normative legal method to examine inconsistencies between written norms and their application in court decisions. The findings showed that the Indonesian limited partnership imposed strict restrictions on limited partners, who were not permitted to engage in management activities, while the American limited partnership allowed limited partners certain managerial control through safe activities. The study also found that dissolution of the Indonesian limited partnership was not specifically regulated, causing reliance on general civil provisions, unlike the United States, which provided detailed rules for dissolution caused by breach of a partnership agreement. These results demonstrated significant differences in legal protection and dissolution mechanisms within both legal systems.
Preventive Efforts of the Women's Empowerment and Child Protection Service in Addressing Cases of Sexual Violence Against Children
This study aims to analyze the preventive efforts carried out by the Department of Women’s Empowerment and Child Protection (DP3A) of Gorontalo Regency in addressing cases of child sexual violence, as well as to identify the challenges encountered during the implementation of these programs. This research employed a qualitative approach using observation, in-depth interviews, and documentation as data collection techniques. The findings reveal that DP3A has implemented several preventive strategies, including school- and community-based sexual education programs, public awareness campaigns, and basic parental training. DP3A also performs a coordinating role in providing rehabilitative and reintegrative interventions for child perpetrators through cross-sectoral collaboration. However, significant challenges remain, including limited human resources and facilities, suboptimal inter-agency coordination, low public awareness, and insufficient involvement of supporting institutions. The study concludes that although DP3A’s preventive efforts are moderately effective, they are not yet comprehensive due to institutional capacity constraints. Strengthening resources, developing an integrated coordination system, and enhancing community participation are essential to creating a safer environment for children in Gorontalo Regency.
Copyright (c) 2025 Musdalifa Djamaluddin, Lisnawati Paweni, Nikma Bilondatu, Muten Nuna, Sarfan Tabo
Analysis of the Drafting of the Electronic Information and Transactions Law (ITE Law) in the Perspective of Legal Drafting Science
This article describes and examines issues related to Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) and its amendments, which were introduced with the aim of ensuring legal certainty for people conducting electronic transactions. The focus of this article is to examine the drafting of the ITE Law as stipulated in Law Number 12 of 2011, the application of principles in the drafting of the ITE Law, and the normative and implementative problems after the enactment of the ITE Law. The research used is normative legal research with a statute approach and conceptual approach. The legal materials in this study are divided into two categories, namely primary legal materials and secondary legal materials. The results of the study show that even though the formulation of the ITE Law is in accordance with the laws and regulations, its implementation still has many problems due to the non-implementation of several formal principles of the law and the large number of phrases with unclear boundaries.
Copyright (c) 2025 Kaharuddin Kaharuddin, Muhammad Faishal Abrar, Diandra Ratuolinka, Nadya Luqyana Vianda, Natasya Christy Angelina Tambunan
Law Enforcement of Environmental Destruction Crimes in the PT TPL Agrarian Dispute in North Sumatra
This study examines law enforcement against environmental destruction in agrarian disputes PT Toba Pulp Lestari (PT TPL) in North Sumatra through a juridical-empirical approach that combines normative legal analysis with empirical findings from legal documents, field reports, and scientific data. The results indicate that the environmental damage meets the elements of an environmental crime and can be classified as a corporate offense, particularly due to discrepancies between the company’s operational activities, licensing requirements, and the precautionary principle. Scientific evidence plays a crucial role in establishing a causal relationship between the company’s activities and ecological degradation. However, law enforcement still faces structural obstacles, including weak inter-agency coordination and the dominance of administrative measures over criminal instruments. This study emphasizes the need to strengthen corporate criminal liability and integrate agrarian and environmental policies to ensure ecological protection and uphold the rights of indigenous communities.
The Power of Screenshot Evidence in Proving Cyber Crimes
This research analyzes the strength of screenshot evidence in proving cybercrime by combining a normative juridical approach with empirical analysis of investigative practices and court decisions. The findings indicate that screenshots hold significant probative value, although their validity strongly depends on digital authentication, data integrity, and forensic support. Screenshots cannot stand alone and require technical verification through metadata examination, hash value analysis, and digital reconstruction. The study also highlights that Indonesia lacks uniform standards for handling electronic evidence, which affects the quality of proof in court. The analysis demonstrates the urgency of updating national guidelines and improving the technical capacity of law enforcement to ensure the reliability of electronic evidence. Overall, this research emphasizes the importance of proper technical and normative procedures in ensuring the legal strength of screenshot evidence in cybercrime cases.
Copyright (c) 2025 Vira Auliya Juliharto
Challenges of Law Enforcement Against International Network-Based Human Trafficking in Indonesia
This study analyzes the challenges of law enforcement against international human trafficking networks in Indonesia, which have become increasingly complex due to digital technology developments, cross-border jurisdictional differences, and limitations in national institutional capacity. Using a normative-juridical and empirical approach, the research finds that international syndicates exploit socio economic vulnerabilities, regulatory gaps, and weak interagency coordination to carry out the recruitment, transfer, and exploitation of victims. The main obstacles identified include difficulties in cross jurisdictional evidence gathering, the absence of an integrated national database, limited digital forensic capabilities, and inadequate victim protection, all of which hinder investigative processes. Moreover, international cooperation mechanisms have not functioned optimally due to slow information exchange and differing evidentiary standards. This study emphasizes the need to strengthen legal instruments, enhance technical capacity, modernize investigative technology, and harmonize cross-border cooperation to improve the effectiveness of Indonesia’s efforts in combating international human trafficking networks.
Legal Regulations for Digital Insurance in Commercial Transactions in the Technology-Based Economy Era
This study examines the implementation of fundamental insurance principles within digital insurance (insurtech) models and the readiness of Indonesian commercial law regulations in responding to technological transformation. The development of insurtech introduces efficiency and broader access to risk protection; however, policy digitalization, algorithm-based underwriting, and automated claims may weaken the application of the principles of insurable interest, indemnity, and uberrimae fidei if not accompanied by legally recognized digital verification and documentation mechanisms. The findings indicate that insurance regulations and POJK 3/2024 on financial sector technological innovation remain general in nature and have yet to regulate specific issues such as smart contracts, definitions of digital loss, data governance, and electronic dispute resolution. Therefore, adaptive regulatory reform is required through sectoral insurtech regulations, classification of digital intermediaries, recognition of electronic evidence, Online Dispute Resolution (ODR) mechanisms, and regulatory sandboxes. This study recommends establishing a responsive legal framework grounded in legal certainty to support digital insurance innovation while strengthening consumer protection.
Implementation of the Principles of Legal Certainty and Accuracy in State Administrative Decisions within the Police Environment: Case Study of the Bengkulu Regional Police
This study examines the implementation of the principles of legal certainty and due care in the issuance of State Administrative Decisions (Keputusan Tata Usaha Negara/KTUN) by the Bengkulu Regional Police. The case under review concerns the Decree of the Chief of Bengkulu Regional Police Number Kep/30/II/2025 regarding the Dishonorable Discharge (Pemberhentian Tidak Dengan Hormat/PTDH) of a police officer. The research employs a normative juridical method, utilizing statutory approaches, legal doctrines, and an analysis of decisions issued by the Bengkulu State Administrative Court (PTUN) as the primary data sources. The findings indicate that although the decision formally complied with procedural requirements, it materially violated the principles of legal certainty and due care. The authorized official failed to consider a reconciliation agreement, which under Police Regulation Number 7 of 2022 should have served as a basis for terminating the disciplinary examination. This omission resulted in an inaccurate legal basis and a decision that did not fully reflect the actual circumstances of the case. Furthermore, weaknesses in factual verification demonstrate a lack of prudence in the decision-making process. The reasoning of the Bengkulu State Administrative Court reinforces these findings, concluding that the disputed decision was inconsistent with the General Principles of Good Governance (Asas-Asas Umum Pemerintahan yang Baik/AUPB) as stipulated in Law Number 30 of 2014. This study recommends strengthening the application of AUPB through enhanced diligence, the improvement of internal standard operating procedures, and the optimization of factual verification mechanisms to ensure accountable and lawful administrative governance within the police institution. This study examines the implementation of the principles of legal certainty and due care in the issuance of State Administrative Decisions (Keputusan Tata Usaha Negara/KTUN) by the Bengkulu Regional Police. The case under review concerns the Decree of the Chief of Bengkulu Regional Police Number Kep/30/II/2025 regarding the Dishonorable Discharge (Pemberhentian Tidak Dengan Hormat/PTDH) of a police officer. The research employs a normative juridical method, utilizing statutory approaches, legal doctrines, and an analysis of decisions issued by the Bengkulu State Administrative Court (PTUN) as the primary data sources. The findings indicate that although the decision formally complied with procedural requirements, it materially violated the principles of legal certainty and due care. The authorized official failed to consider a reconciliation agreement, which under Police Regulation Number 7 of 2022 should have served as a basis for terminating the disciplinary examination. This omission resulted in an inaccurate legal basis and a decision that did not fully reflect the actual circumstances of the case. Furthermore, weaknesses in factual verification demonstrate a lack of prudence in the decision-making process. The reasoning of the Bengkulu State Administrative Court reinforces these findings, concluding that the disputed decision was inconsistent with the General Principles of Good Governance (Asas-Asas Umum Pemerintahan yang Baik/AUPB) as stipulated in Law Number 30 of 2014. This study recommends strengthening the application of AUPB through enhanced diligence, the improvement of internal standard operating procedures, and the optimization of factual verification mechanisms to ensure accountable and lawful administrative governance within the police institution.
Copyright (c) 2025 Alvina Maya, Widya Rahmi Zahara, Muhammad Zakky Al Mursalin, Wulandari Wulandari
Student Participation in Campus Public Administration Processes: Opportunities and Challenges at the Lombok Business Academy
This study aims to analyze the forms, driving factors, and obstacles to student participation in the public administration process at the Lombok Business Academy (AKBIL) as an effort to realize transparent and participatory campus governance. In the context of vocational higher education, students have a strategic role as recipients and supervisors of internal public services. However, their involvement is often still administrative in nature and does not touch on the decision-making aspect. This study uses a qualitative approach with a case study method that focuses on the phenomenon of student participation in the campus public administration system. Data were obtained through in-depth interviews, observations, and documentation studies of students, administrative staff, and campus leaders. The results show that student participation in AKBIL has developed through various activities such as completing service evaluation questionnaires, using the Academic Information System (SIKAD), and involvement in student organizations and communication forums with the administration. This study concludes that student participation is an important component in the implementation of good governance principles in the university environment. To strengthen this role, AKBIL needs to develop participatory policies that ensure the sustainability of student-administration forums, improve digital literacy among the academic community, and