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 5 Kementerian RIstek Dikti
Lembaga Penelitian dan Pendidikan (LPP) Mandala
Comparison Between Consumer Education Laws in Indonesia and Singapore
This research aims to emphasize the importance of consumer protection in Indonesia. Law No. 9 of 1999 regulates the consumer's right to education. However, the legal norms for consumer protection do not regulate in detail the knowledge that should be taught. The position of consumers becomes weaker, making them vulnerable to fraud. Any loss suffered constitutes a violation of the objectives of the Consumer Protection Act in Indonesia. Consumer conditions in Indonesia are different from those in Singapore. The 2009 Consumer Protection (Fair Trading) Act does not specifically regulate consumer education materials. However, the Consumers Association of Singapore (CASE) actively provides education to consumers in Singapore. This research will compare the consumer education in Indonesia and Singapore. The comparative results will lead this research to suggestions for legislative power holders regarding how consumer education laws should be drafted and implemented in Indonesia.
Copyright (c) 2026 Ronaldo Heinrich Herman
Evaluation of Limboto Lake Management Policy for Infrastructure Development
Infrastructure development policy is a systematic process to assess the extent of effectiveness, efficiency, and impact of policies implemented in infrastructure development and management. This process involves an in-depth analysis of whether policy objectives have been achieved, whether the resources used have been optimized, and how the policy affects various aspects, such as community welfare, environmental sustainability, and regional economic development. The purpose of the study was to identify the lack of policy synchronization and coordination between related institutions and to identify the involvement of community participation around Limboto Lake. Research design: This qualitative study uses a descriptive research design. The sample of data sources used in qualitative research is still temporary. Informants to be used such as the Regional Government, River Basin Center (BWS), and Local Communities who participated in this study. The results of the study indicate that the development policy in Limboto Lake shows progress, but still faces challenges such as increasing responsiveness and coordination between stakeholders, weak coordination, long bureaucracy, and minimal supervision. Although the adequacy and accuracy of the policy are quite fulfilled, the implementation is not optimal, especially in the distribution of benefits and ecosystem protection. Conclusion: The development policy in Lake Limboto shows progress, but still faces challenges in coordination, implementation, and distribution of benefits, so it is necessary to improve the effectiveness and responsiveness indicators. Suggestions: the government needs to improve the accuracy, distribution, responsiveness, efficiency, and effectiveness of the policy by focusing on critical areas, coordination, and optimal communication.
The Relationship Between the Mental Revolution and Legal Products in Jokowi's First Term
Jokowi's big vision regarding mental revolution has a historical background in the era of President Ir. Sukarno. The structuring of the nation's mentality has had a correlation in the past with the development of the nation's character (nation and character building). Jokowi personally has shown practice and discipline in serving the community. However, is Jokowi's behavior automatically followed by state/bureaucratic administrators? Continuity between Jokowi's behavior and bureaucratic behavior that must be implemented as a part of providing services to the community. Jokowi as the holder of the people's mandate through elections must be able to present a legal basis in ensuring the implementation of the vision, mission and action program. The research method used is qualitative with a legal/legal approach, an ethical approach and a hermeneutical approach to related legal texts. The mental revolution has become a national movement with the presence of "Presidential Instruction Number 12 of 2016 concerning the National Movement for Mental Revolution". Then "Regulation of the President of the Republic of Indonesia Number 7 of 2015 concerning Organization of State Ministries". All efforts are expected to have implications for changes in mentality both within the bureaucracy and society. The Jokowi regime's perspective on various national problems that must be restored by strengthening ideology and utilizing technology. Technology has a role in changing the service base from manual to digital. . Jokowi's government through GNRM is expected to be more adaptive and communicative towards society. The bureaucracy must change, but the community must be involved, not just being a tool to justify the actions of the authorities. The mental revolution that has become the reference for the Jokowi government has been successfully presented in various forms of legal regulations. Government officials and law enforcers must take a pedagogic role. The substance of the law makes people aware that upholding the law does not require law enforcement to impose sanctions. Precisely when people are aware that the law is successful. The regime must speak and take a role, not just judge that this can have an electoral impact and forget morals. Therefore, the constitution has provided a mandate to educate the life of the nation. Any regime cannot be separated from the mandate of the constitution, don't let citizens not get intelligence. The mental revolution will only have relevance if society is aware of the law.
Copyright (c) 2026 Musmulyadin Musmulyadin
Marriage Legalization (Itsbat Marriage) for Unregistered Mixed Marriages (Study of Decision Number: 62/Pdt.P/2016/PA.JB)
Article 2 (2) of Law No. 1 of 1974 on Marriage stipulates that every marriage must be registered in accordance with applicable laws and regulations. For Muslims, marriage registration takes place at the KUA. However, in reality, many citizens still enter into unregistered marriages (siri), which are not officially recorded due to difficulties in meeting document requirements, particularly for Indonesian citizens (WNI) marrying foreign nationals (WNA). Unregistered marriages have detrimental effects, particularly on the wife and children. This study is a normative legal research that examines the legal system as its subject. The objective of this study is to determine the legal considerations of the judge at the Jakarta Barat Religious Court in granting the itsbat marriage ruling for an unregistered mixed-marriage in Decision No. 62/Pdt.P/2016/PA.JB. The conclusion of the study is that the legal reasoning of the judge of the West Jakarta Religious Court in granting the petition for the recognition of marriage in Decision No. 62/Pdt.P/2016/PA. JB, the judge referred to Article 14 of the Compilation of Islamic Law, which governs the pillars of marriage, and the fiqh doctrine in the book Bughyatul Mustarsyidin, page 298, regarding marriage witnesses, and the book Tuhfah, Volume IV, page 133, regarding the acknowledgment of marriage by a bride who has reached puberty. The judge determined that the essential elements and conditions for conducting a marriage under Islamic Law had been fulfilled. Thus, the judge’s decision to grant the petition for marriage validation was in accordance with existing regulations.
The Concept of Li'an and Its Legal Basis from the Perspective of Islamic Law
This study examines the concept of li'an in Islamic law and its legal implications for marriage and the nasab (lineage) status of children. The purpose of this study is to analyze the legal basis, procedures, and legal consequences of li'an from a fiqh perspective, as well as its relevance within the Indonesian legal system. This study employs a normative research method with juridical and theological approaches. The findings indicate that li'an constitutes a legitimate legal mechanism in Islam for resolving accusations of adultery in the absence of witnesses, resulting in the dissolution of marriage and the severance of the child's lineage relationship with the biological father. In the context of Indonesian law, the concept of li'an has not been explicitly regulated in statutory legislation, thus its application faces both juridical and practical constraints. This study concludes that a reconstruction of the li'an concept is necessary in order to align it with the development of modern law and the protection of children's rights.
Copyright (c) 2026 Ade Sultan Muhammad, R. Fahmi Natigor Daulay
The Effect of Learning Motivation and Academic Administration Support on Students' Academic Achievement at Lombok Business Academy
This study aims to analyze the influence of learning motivation and academic administrative support on student academic achievement at the Lombok Business Academy. Student academic achievement is not only determined by cognitive abilities but also influenced by internal factors such as learning motivation and external factors such as institutional support. This study used a quantitative approach with an explanatory design. The study population was all active students of the Lombok Business Academy in the 2024/2025 academic year, with a sample of 222 respondents determined through a proportionate stratified random sampling technique. Data were collected using a closed questionnaire that had been tested for validity and reliability, then analyzed using multiple linear regression. The results showed that learning motivation and academic administrative support had a positive and significant effect on student academic achievement, both partially and simultaneously. Learning motivation had a more dominant influence than academic and administrative support. The coefficient of determination value of 0.482 indicates that 48.2% of the variation in student academic achievement can be explained by these two variables. This finding supports the self-determination theory, which emphasizes the importance of intrinsic motivation in academic achievement and the concept of service quality in the context of higher education. This study recommends strengthening programs to increase student learning motivation and optimizing digital-based academic administration systems to create a conducive learning environment.
The Right of Inquiry of the House of Representatives Against the Corruption Eradication Commission in Indonesia
The supervisory function of the House of Representatives (Dewan Perwakilan Rakyat/DPR) serves as an instrument of checks and balances over the executive branch, including through the right of inquiry (hak angket) to investigate the implementation of laws and government policies. Problems arise when this right is directed at the Corruption Eradication Commission (Komisi Pemberantasan Tindak Pidana Korupsi/KPK), which, although situated within the executive sphere, was designed as an independent state institution to safeguard law enforcement from political interference. This article analyzes the constitutional position of the KPK and the limits of applying the DPR's right of inquiry to it. The analysis shows that the KPK constitutes a state auxiliary institution with functional independence; accordingly, pro justitia measures such as investigation, inquiry, and prosecution fall outside the scope of political oversight. Therefore, the use of the right of inquiry against the KPK must be proportionally confined to administrative policy and institutional governance so as not to undermine the independence of anti-corruption law enforcement.
Penguatan Iklim Investasi Daerah Melalui Perda Kota Bandung Nomor 4 Tahun 2022: Kepastian Hukum, Insentif, dan Kemudahan Berusaha
Peraturan Peraturan Daerah Kota Bandung Nomor 4 Tahun 2022 tentang Penyelenggaraan Penanaman Modal hadir sebagai instrumen rekayasa hukum daerah dalam merespons pergeseran paradigma regulasi nasional pasca berlakunya Undang-Undang Cipta Kerja. Regulasi ini tidak hanya dimaksudkan sebagai payung hukum penanaman modal, tetapi juga sebagai kerangka penggerak ekonomi daerah melalui penguatan kepastian hukum, kemudahan berusaha, dan integrasi kebijakan investasi dengan arah pembangunan Kota Bandung. Perda ini menegaskan penyelenggaraan penanaman modal yang selaras dengan perizinan berusaha berbasis risiko, tata ruang, penyediaan infrastruktur, ketenagakerjaan, perlindungan lingkungan hidup, serta penguatan kapasitas aparatur birokrasi daerah. Intisari pengaturannya menempatkan investasi bukan sekadar masuknya modal, tetapi sebagai ekosistem pembangunan daerah yang memuat dimensi sosial dan keberlanjutan, antara lain melalui kemitraan dengan UMKM/koperasi, penyerapan tenaga kerja lokal, serta dorongan penerapan teknologi ramah lingkungan. Penelitian ini bertujuan untuk menganalisis bagaimana Peraturan Daerah Kota Bandung Nomor 4 Tahun 2022 berfungsi sebagai payung hukum sekaligus kerangka penggerak iklim investasi daerah; mengkaji bentuk harmonisasi antara target pertumbuhan ekonomi daerah dengan aspek keterbukaan sosial melalui penguatan kemitraan UMKM/koperasi serta penyediaan lapangan kerja lokal; dan menelaah keterkaitan antara skema insentif dan kemudahan penanaman modal dengan mekanisme pengendalian sebagai wujud akuntabilitas penyelenggaraan investasi. Metode penelitian yang digunakan adalah pendekatan yuridis normatif dengan statute approach, yang berfokus pada analisis dokumen hukum melalui penelaahan norma-norma utama dalam Perda 4/2022, meliputi tujuan pengaturan, kewenangan pemerintah daerah, perencanaan penanaman modal berupa RUPMK dan peta potensi investasi, hak dan kewajiban penanam modal, pengaturan bidang usaha, insentif dan kemudahan, serta instrumen pembinaan, pengawasan, pelaporan, dan sanksi administratif. Secara normatif, Perda Kota Bandung Nomor 4 Tahun 2022 memosisikan Kota Bandung bukan hanya sebagai destinasi modal, melainkan sebagai ekosistem investasi yang berkepastian hukum, berorientasi pada pertumbuhan ekonomi daerah yang inklusif, kompetitif, dan berkelanjutan, melalui kemitraan dengan UMKM/koperasi, penyerapan tenaga kerja lokal, serta kepatuhan terhadap prinsip ramah lingkungan yang dikendalikan secara akuntabel oleh pemerintah daerah setempat.
Copyright (c) 2026 Heigel Parodi Ritonga, Putra Dirgantara, Rifaldo Aditya
The Precarious State of Letter C: Land Registration Law Dynamics After PP Number 18 Year 2021
The enactment of Government Regulation (PP) No. 18 of 2021 has triggered a major transformation in Indonesia’s land registration framework. The primary focus of this study is to evaluate the current legal status of "Letter C" and determine whether it still functions as robust evidence of ownership or merely as proof of physical possession. Under the latest regulations, the role of Letter C has undergone a significant shift, moving from a primary form of evidence to a transitional or temporary document within the national land registration process. This study employs a normative legal research method, examining various regulatory layers, including the Basic Agrarian Law (UUPA) No. 5 of 1960, the Job Creation Law No. 11 of 2020, and specific provisions in PP No. 18 of 2021 regarding mandatory land registration. Furthermore, a conceptual approach is used to compare the administrative weight of Letter C against the absolute legal certainty provided by a formal land certificate. Data was gathered through an analysis of legal documents from the BPN Legal Documentation and Information Network (JDIH), agrarian law journals, and court rulings involving customary land disputes. The analysis reveals that after 2026, Letter C documents will hold a very weak legal position if they are not promptly converted through the Complete Systematic Land Registration (PTSL) program. From a legal standpoint, Letter C is now classified only as a temporary basis of right (alas hak) that requires re-verification by Land Deed Officials (PPAT) and the National Land Agency (BPN). To address this vulnerability, it is recommended that the government provide subsidies for verification costs and conduct extensive public outreach to ensure legal certainty and agrarian justice for the community.
The Ineffectiveness of Consumer Legal Protection in Overcoming Irregularities in Our Oil Distribution in Indonesia
This study aims to analyze the gap between consumer protection regulations and the irregular practices of Minyak Kita distribution in Indonesia, as well as examine the legal liability of business actors and the state from a civil law perspective. This study uses normative legal methods with legislative, conceptual, and case approaches, and is analyzed qualitatively. The results of the study show that normatively, Law Number 8 of 1999 concerning Consumer Protection has provided a strong legal basis in protecting consumer rights. However, in practice, there are still various irregularities in the distribution of Minyak Kita, such as volume reduction, smuggling, hoarding, and sales above the highest retail price. This shows that there is a gap between law as a norm (das sollen) and reality (das sein). From a civil perspective, business actors can be held accountable based on the principles of unlawful acts and strict liability. However, these mechanisms have not been effective due to limited consumer access to legal remedies and low legal awareness. On the other hand, the state as a regulator and supervisor has also not carried out its functions optimally in supervising distribution and enforcing the law. Thus, consumer protection in the case of Minyak Kita is still formalistic and has not provided substantive protection. It is necessary to strengthen law enforcement, distribution supervision, and consumer empowerment so that the consumer protection system can run effectively.
Reformulation of Village Head Election Regulations in the Perspective of Legislation
This research is motivated by the persistent disharmony and lack of vertical synchronization in the regulation of the Village Head Election (Pilkades) within the Indonesian legislative system. Currently, technical implementing regulations frequently deviate from the core spirit of village autonomy and the democratic principles mandated by Law Number 6 of 2014 concerning Villages. This study aims to analyze the current laws regarding Pilkades and formulate an ideal, democratic, and high-integrity regulatory reformulation concept. The method utilized is normative juridical legal research through library research, employing statute and conceptual approaches to evaluate the synchronization of legal norms. The analytical results demonstrate that current Pilkades regulations remain highly centralistic and trigger legal uncertainty. Fundamental problems include the Regent's absolute authority in resolving election disputes (which harms judicial impartiality), supra-village domination in additional candidate selections, undemocratic single-candidate deliberation mechanisms, and outdated central regulations hindering E-Voting innovations. Therefore, a comprehensive reformulation emphasizing village independence is urgently necessary. This reformulation proposes four main designs: transferring dispute resolution to the judicial domain, national legalization of E-Voting, rearranging and limiting supra-village authority, and establishing an independent, legally guaranteed supervisory institution (Panwas Pilkades).
Procedures For Buying and Selling and Registration of Land Absentee as an Object of Land Ownership
This study aims to analyze the procedures for the sale and purchase as well as the registration of absentee land as an object of ownership rights within the framework of Indonesian agrarian law. The issues addressed include the fulfillment of material and formal requirements in land transactions, the role of the Land Deed Official (PPAT), and the mechanism for registering the transfer of land rights. This research employs a normative legal method using both statutory and conceptual approaches. The statutory approach examines relevant regulations, while the conceptual approach explores legal doctrines related to land law, particularly concerning absentee land ownership. The results indicate that the implementation of absentee land transactions must comply with both material and formal requirements. The material requirements concern the legality of the parties and the object of the transaction, where the seller must be the lawful holder of land rights, and the buyer must qualify as a subject of ownership rights without violating the prohibition of absentee land ownership. Meanwhile, the formal requirement is fulfilled through the execution of a Sale and Purchase Deed (AJB) before the Land Deed Official (PPAT), which serves as the legal basis for the registration of the transfer of rights at the Land Office. Land registration plays a crucial role in ensuring legal certainty, legal protection, and orderly land administration. However, in practice, several obstacles remain, including limited public understanding of legal provisions and administrative constraints. Therefore, enhancing legal awareness and strengthening the role of PPAT and land administration institutions are necessary to achieve legal certainty in land transactions.
Copyright (c) 2026 Muhammad Rifaldi Setiawan, Putri Raodah
Validity of the Cultivation Agreement Regarding Land Tenure Absentee Caused by Regional Expansion
This study aims to analyze the legal validity of the Cultivation Agreement issued by the North Lombok Land Office as a form of legal protection for absentee land tenure arising from regional expansion. This research employs a normative legal method using statutory, conceptual, and case approaches, supported by empirical data obtained through interviews. The results indicate that the issuance of the Cultivation Agreement is carried out through administrative mechanisms, including complaint submission, verification, and discretionary decisions by the Head of the Land Office, taking into account social, economic, transportation, geographical factors, as well as regional spatial planning. However, from a juridical perspective, the Cultivation Agreement lacks a strong legal basis and contradicts the prohibition of absentee land ownership as regulated under the Basic Agrarian Law (UUPA) and Government Regulation Number 224 of 1961 in conjunction with Government Regulation Number 41 of 1964. Furthermore, its issuance exceeds administrative authority, as it constitutes discretion within a bound authority framework. Therefore, the Cultivation Agreement cannot be considered a valid form of legal protection.
Copyright (c) 2026 Muhammad Rifaldi Setiawan, Hera Alvina Satriawan
Corruption Cases in Government Institutions: Abuse of Rules from the Perspective of Weber and Wilson's Theory
This study examines the phenomenon of corruption in Indonesian government institutions through the theoretical perspectives of Max Weber and Woodrow Wilson. Corruption cases are viewed not only as individual actions, but also as the result of structural and cultural weaknesses in government bureaucracy. Using qualitative research methods based on literature studies, this study analyzes the abuse of rules (rule manipulation) in the public administration system that should be rational and legal, but is instead used for personal or group interests. From Weber's perspective, the ideal rational-legal bureaucracy aims to create efficiency and legal certainty. However, in practice, the bureaucracy in Indonesia is often too rigid and formalistic, thus obscuring moral values and the purpose of public service. This opens up opportunities for deviation and corruption that are legitimized by formal procedures. Meanwhile, Wilson's theory highlights the importance of separating the political and administrative realms and the need for flexibility in public service. The inability of the apparatus to maintain professionalism and neutrality from political intervention is one of the factors driving the emergence of bureaucratic corruption. The results of the study indicate that corruption in government institutions is the result of an imbalance between compliance with rules (rule-based system) and the application of public service ethics (value-based administration). The synthesis of Weber's and Wilson's theories asserts that overly formal bureaucracies devoid of moral values, as well as overly flexible bureaucracies lacking regulatory control, both create space for abuse of power. Therefore, bureaucratic reform must be directed at striking a balance between legal rationality and administrative ethical integrity to prevent corruption sustainably.
Regent Regulation Number 61 of 2019 concerning the Civil Servant Information System within the Regional Secretariat of Gorontalo Regency
This study aims to describe the Implementation of Regent Regulation Number 61 of 2019 Concerning Civil Servant Information System in the Regional Secretariat of Gorontalo Regency. The research method uses a qualitative approach with data collection through observation, interviews and documentation. The results of the study indicate that the Implementation of Regent Regulation Number 61 of 2019 Concerning Civil Servant Information System in the Regional Secretariat of Gorontalo Regency has been implemented well, this can be seen from the communication process through socialization activities about the Civil Servant Information System which are intensively carried out and supported by quite potential human resources, namely the average education level of employees who are bachelors (S1) and have a lot of work experience as seen from the length of service of employees and have been rotated in several fields of work. In addition, the results of the researcher's observations show that there are indeed some employees who are less disciplined and do not have a good work attitude, but when compared to the total number of employees, there are still more employees who have good attitudes and discipline time than some employees who are less disciplined.
Copyright (c) 2026 Elisia Feronika Kemur
Legal Certainty in Payment for Land Sale and Purchase Transactions: The Role of the Land Deed Official
This study is motivated by the absence of explicit regulations governing payment procedures in land sale and purchase transactions in Indonesia. The transfer of land rights resulting from a sale and purchase has been regulated under the Basic Agrarian Law and the Government Regulation on Land Registration. These provisions stipulate that the transfer of land rights must be carried out through a deed made by a Land Deed Official (PPAT). Accordingly, a land sale and purchase must be evidenced by a deed drawn up by the PPAT. However, the provisions regarding payment mechanisms are entirely left to the agreement of the parties based on the principle of freedom of contract as stipulated in the Civil Code, as well as the customary law principle of land transactions, namely “clear and cash” (terang dan tunai). This condition potentially creates legal uncertainty, particularly concerning the timing of payment to establish valid proof that triggers the transfer of land rights. The research problems addressed in this study are: (1) how is the legal regulation of payment in land sale and purchase transactions in Indonesia; and (2) what is the role of the PPAT in ensuring legal certainty related to such payments.This research employs a normative legal method using statutory and conceptual approaches, analyzed qualitatively. The results indicate that there is no explicit regulation regarding payment methods, thus in practice, payment arrangements largely depend on the agreement of the parties and the prudential principle exercised by the PPAT. In practice, the PPAT plays a role in ensuring the fulfillment of the “clear and cash” principle and in clearly stating payment details within the deed. In conclusion, there is a need for guidelines or strengthened regulations to ensure legal certainty and protection in the payment aspect of land sale and purchase transactions. Keywords: Land Sale and Purchase, Legal Certainty, Payment, PPAT
Copyright (c) 2026 anak agung ayu intan puspadewi
The Violation of the Dignity of the Advocate Profession in the Perspective of Deontological Ethics Immanuel Kant: A Philosophical and Juridical Study of the Phenomenon of "Lawyers at the Table"
This study aims to analyze the violation of the ethics of the advocate profession which is metaphor as the phenomenon of "Lawyer at the Table" through the perspective of Immanuel Kant's deontological morality. The research uses normative legal research methods with legislative, conceptual, and philosophical approaches, and is analyzed qualitatively through literature studies. The results of the study show that the phenomenon reflects the crisis of moral obligations in the practice of the legal profession which is characterized by the dominance of instrumental rationality, the weak internalization of professional ethics, and the shift in professional orientation from moral obligations to pragmatic interests. Based on Kant's theory of deontology, these actions are contrary to the principle of categorical imperative, especially the Universality Formula and the Humanity Formula, because they cannot be universalized as moral law and reduce human dignity and judicial institutions as a means of certain interests. This study also found that resolving violations of the ethics of the advocate profession is not enough through a disciplinary sanctions approach, but requires the reconstruction of professional ethics through the universalization of actions, respect for human dignity, and the internalization of universal moral obligations. The implications of the study confirm that Immanuel Kant's deontological theory is relevant as a philosophical foundation for establishing universal, rational, and justice-oriented standards of ethics for the legal profession.
Copyright (c) 2026 Alex Togaraja Simanjorang, Wa Marcella, Hendriadi Yustin, Ranny Iwan Susilo, Hernawati RAS
Commercialization of Medical Services as a Business Practice: A Legal Analysis of Conflicts of Interest and Patient Protection in Indonesia
There is a growing gap between the normative regulation of medical services, which is oriented toward patient safety, and the reality of commercialized practice driven by economic interests. This condition creates conflicts of interest and weakens legal protection for patients. This study aims to analyze the legal framework governing the commercialization of medical services and examine its implications for patient protection in order to realize a healthcare system that is fair, professional, and patient-oriented. The research method used is a normative legal approach that analyzes legal norms, principles, and rules. The analysis is conducted qualitatively to produce theoretical understanding and comprehensive legal argumentation regarding the relationship between business practices in medical services and the legal responsibilities of medical personnel. The findings show that Indonesia’s legal framework for the commercialization of medical services recognizes the economic aspects of medical professionals and healthcare facilities, but it is still constrained by ethical principles, professionalism, and patient protection, resulting in a normative dualism between economic orientation and humanitarian values. In practice, this dualism has not been harmoniously implemented due to the persistent gap between norms and implementation. This condition weakens patient protection, increases the risk of over-treatment, creates information asymmetry, and shifts the doctor–patient relationship into a transactional one that may trigger medical disputes and service injustice. Therefore, stronger regulatory enforcement, clearer separation between medical and business functions, service transparency, strengthened ethical supervision, and reform of medical legal culture are required to achieve a balanced healthcare system that fairly integrates economic interests with patient protection and prioritizes patient safety.
Copyright (c) 2026 Aris Prio Agus Santoso
Legal Review Of The Debtor's Obligation To Settle Debts Even Though The Fiducia Collateral Has Been Returned: Study of Decision Number 300/Pdt.G/2024/PN.Btm
This study aims to examine the legal obligation of debtors to repay their debts after the fiduciary collateral object has been returned to the creditor, as well as to analyze the forms of legal protection that can be provided to debtors within fiduciary agreements. In addition, this research also analyzes the legal considerations of judges in the Decision of the Batam District Court Number 300/Pdt.G/2024/PN Btm concerning fiduciary security disputes. This research employs a normative legal research method using both statutory and case approaches. The legal materials consist of primary, secondary, and tertiary sources obtained through library research. The collected materials are analyzed qualitatively using a descriptive-analytical method, and conclusions are drawn through a deductive approach. The results indicate that the return of the fiduciary collateral object does not automatically eliminate the debtor’s obligation to repay the outstanding debt, as stipulated under Law Number 42 of 1999 concerning Fiduciary Security. However, in practice, there is often an imbalance of position between debtors and creditors, particularly in the execution process, which tends to lack transparency and may disadvantage the debtor. Therefore, stronger legal protection is required for debtors, especially in relation to the valuation and sale of the collateral object. The analysis of the court decision shows that the judge’s considerations tend to emphasize formal legal certainty, and have not fully reflected the principles of justice and legal protection for debtors.
Copyright (c) 2026 Josua Daniel Pedrosa Simatupang, Yanti Agustina
Sub-districts as Sub-district Apparatus in the Implementation of Government According to Law 23 of 2014
The Village Government in the era of Regional autonomy has undergone many changes along with the changing paradigm of government as mandated in Law Number 23 of 2014 concerning Regional Government and Government Regulation Number 73 of 2005 concerning Villages. The purpose of Village structuring and government implementation in the era of Regional Autonomy is to improve coordination of government administration, public services, implementing development, and empowering Village/Sub-district 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. The expected result is that the Village government is required to be open to the community, both regarding development programs and the budget obtained, so that there is high trust in the Village government from the community, thus realizing the vision and mission of the village. All public services and civil services that were previously conventional are now required to be technology-based. The Village Head, as the head of government at the Village level, and other government units, including the Technical Implementation Unit, should collaborate and coordinate in all sectors by empowering the community so that a just, prosperous, and equitable society is realized.
Legal Proof of Cybercrime: A Case Study of the Hacking of Bank Syariah Indonesia (BSI)
This research aims to analyze legal evidence for cybercrime through a case study of the hacking of Bank Syariah Indonesia (BSI). The method used is normative legal research with a statutory, case, and conceptual approach. The results show that evidence in cybercrime relies heavily on digital evidence such as system logs, electronic data, and malware analyzed through digital forensics. The validity of electronic evidence has been recognized in Article 5 paragraph (1) and Article 44 of the Electronic Information and Transactions Law (UU ITE), and is supported by Article 235 paragraph (1) of the new Criminal Procedure Code (KUHAP). However, the evidentiary process faces various obstacles such as the anonymity of the perpetrator, the cross-border nature, and the vulnerability of digital evidence to manipulation. Therefore, it is necessary to increase the capacity of law enforcement officers, strengthen cybersecurity systems, and collaborate across institutions and internationally to support effective law enforcement against cybercrime.
Copyright (c) 2026 Ramdhan Mahardika Nasyith, Marchello Putra Toding Palilli
Cyber Law Analysis and Customer Protection in Cases of Phishing in Digital Banking
This study examines phishing in digital banking services as a form of cybercrime that combines electronic system manipulation and social engineering. Phishing is not merely a technical security issue, but also a legal problem involving criminal liability, consumer protection, and personal data protection. This research uses normative legal research with statutory and case approaches, particularly by analyzing phishing practices involving fake banking websites that resemble official digital banking platforms. The findings show that phishing can be legally constructed through several provisions under the Electronic Information and Transactions Law, the Personal Data Protection Law, and the National Criminal Code. The perpetrator’s liability may be established through the elements of unlawful act, intent, capacity to be held responsible, and the absence of justifying or excusing grounds. In addition, victim protection must be carried out through preventive measures, responsive handling, and recovery mechanisms, including strengthening digital security, improving customer literacy, conducting internal investigations, and providing dispute resolution channels. Therefore, the prevention and handling of phishing in digital banking requires an integrated approach that combines criminal enforcement, banking governance, consumer protection, and personal data protection.
Copyright (c) 2026 Maria Minerva Gani, Cheryl Nathania, Heigel Parodi Ritonga, Nathasya Jhonray Siregar, Rifaldo Aditya, Putra Dirgantara, Nicole Eugenia Yuri, Tasya Amira F Siregar
Implementation of the One-Stop Integrated Service (PTSP) to Achieve Legal Certainty for Investors in South Sulawesi
This study aims to analyze the implementation of the One-Stop Integrated Service (PTSP) as the main instrument in realizing legal certainty for investors based on South Sulawesi Provincial Regulation Number 13 of 2009 concerning Regional Investment. In an effort to create a conducive business climate, the South Sulawesi Regional Government integrated various licensing and non-licensing authorities through the PTSP system to simplify the investment process from the application stage to the issuance of documents in one place. The results of the study indicate that the PTSP plays a crucial role in providing legal certainty, business certainty, and business security through a clear mechanism of delegation of authority and a selection process through recommendations from the technical team. However, the effectiveness of this system is highly dependent on the synchronization of the Governor's regulations regarding permit application procedures and coordination between Regional Work Units (SKPD). The implementation of the PTSP not only functions as a bureaucratic simplification but also as an administrative oversight tool to prevent irregularities in investment activities in the region.
Copyright (c) 2026 Daniel Johnson Goenawan, Marchello Putra Toding Palili, Muhamad Naufal Rionatadiraja, Reyzel Yandika Lim, Jur. Udin Silalahi
Analysis of Alcohol and Cigarette Consumption in Children and Adolescents and Its Implications for Crime Prevention in Indonesia from a Criminological Perspective
This article examines juvenile delinquency in the form of alcohol and tobacco consumption among children under 18 years old in Indonesia from both legal and criminological perspectives. Using a normative-empirical approach, this study analyzes statutory regulations alongside secondary data from institutions such as WHO and the Indonesian Ministry of Health. The findings indicate that early exposure to addictive substances functions as a criminogenic factor that increases the likelihood of future criminal behavior. Although Indonesia has established a comprehensive legal framework, including Law No. 35 of 2014 on Child Protection and Government Regulation No. 109 of 2012, weak enforcement and regulatory inconsistencies remain significant challenges. A comparative perspective with Singapore and Malaysia reveals that stricter enforcement and integrated preventive policies contribute to better outcomes. This study concludes that early intervention through legal, social, and structural approaches is essential to prevent the escalation of juvenile delinquency into criminal acts.
Copyright (c) 2026 Maria Minerva Gani, Jason Matthew Anthony, Jason Matthew Anthony, Nathasya Jhonray Siregar, Nathasya Jhonray Siregar, Tasya Amira, Tasya Amira
The Effectiveness of Government Regulation Number 48 of 2014 in Marriage Services at the KUA of Ampenan District: A Socio-Legal Study in Banjar Village
This study examines the effectiveness of Government Regulation Number 48 of 2014 concerning Tariffs on Types of Non-Tax State Revenue Applicable to the Ministry of Religious Affairs, focusing on marriage service practices in Banjar Village, Ampenan District, Mataram City. The regulation stipulates a zero-rupiah tariff for marriages conducted at the Office of Religious Affairs and a Rp600,000 tariff for marriages conducted outside the office. This study aims to analyze the regulation of non-tax state revenue in marriage services, evaluate its implementation, and examine community responses to the policy. This research employed a qualitative method with a phenomenological approach. Data were collected through observation, interviews with officials of the Office of Religious Affairs, community leaders, neighborhood heads, and residents, as well as documentation of marriage records and relevant regulations. The findings show that Government Regulation Number 48 of 2014 is administratively effective because it has been implemented according to formal procedures, payments are made through official mechanisms, and no major problems related to gratuities were found. However, its social effectiveness remains limited. The data indicate that most residents of Banjar Village still prefer to conduct marriages outside the Office of Religious Affairs due to Sasak customary traditions, the need for family witnessing, limited office space and service time, and the desire to hold marriage ceremonies as communal events. Some residents consider the Rp600,000 tariff burdensome, especially when combined with customary expenses. This study confirms that legal effectiveness must be assessed through the relationship between state regulation, public service delivery, economic conditions, and local culture.
Copyright (c) 2026 Siti Jahroh, Siti Jahroh
Bank's Legal Responsibility in Detecting Shadow Controller-Related Beneficial Owner
Transparency of legal entity ownership through reporting Beneficial Owner (BO) to the Ministry of Law and Human Rights is an important policy in preventing Money Laundering. However, the practice of shadow controllers, parties who de facto control a legal entity but are not reported as BO, remains a serious loophole. Banks as gatekeepers of the financial system have a strategic position to detect shadow controllers. This article aims to analyze the legal liability of banks for failing to detect shadow controllers, the sanctions that may be imposed, and the standard of proof for constructive knowledge. This research uses normative legal method with statutory and conceptual approaches, examining the Banking Law (Law No. 7/1992 as amended by Law No. 4/2023 on P2SK), Anti-Money Laundering Law No. 8/2010, OJK Regulation No. 8/2023 on APU-PPT, and Ministry of Law Regulations No. 2/2025 and No. 49/2025 on corporate BO. The results show that bank liability is fault-based, not strict liability. Banks that ignore indications of shadow controllers may be subject to administrative sanctions (reprimands to license revocation), civil sanctions (damages claims), and criminal sanctions. The standard of proof for constructive knowledge uses objective indicators such as suspicious transactions, complex ownership structures, and discrepancies between official documents and customer operational reality, measured by the reasonableness principle (prudent banker). This article recommends that banks act proactively by conducting independent verification beyond merely relying on the Ministry's BO reports, and strengthen early detection systems against shadow controllers.
Copyright (c) 2026 Wawan Zulmawan, Daniel Johnson Goenawan, Marchello Putra Toding Palilli, Ramdhan Mahardika Nasyith, Muhamad Naufal Rionatadiraja, Reyzel Yandika Lim, Triswer Triswer
Legal Challenges to Proving Deepfake Video Evidence in the Criminal Justice Process in Indonesia
Deepfake technology, powered by generative artificial intelligence, poses significant challenges to the integrity of electronic evidence in Indonesia's criminal justice system. This study examines the legal position of deepfake videos as evidence under the Electronic Information and Transactions Law (UU ITE) and the Criminal Procedure Code (KUHAP). Using a normative juridical method with a statutory approach, the research analyzes formal and material requirements for electronic evidence, technical and juridical obstacles in authentication, and real-world cases such as the Baim Wong voice cloning fraud. The findings indicate that current regulations lack specific standards for authenticating synthetic media, creating a legal vacuum and risks of misjudgment in post-truth court proceedings. This paper recommends regulatory updates, standardization of digital forensics, and capacity building for law enforcement to strengthen evidentiary reliability.
Copyright (c) 2026 Daniel Johnson Goenawan, Muhammad Naufal Rionatadiradja, Reyzel Yandika Lim, Denovan Salim, Marchya Gwenerve Mongkaw, Pietro Grassio E.Y
Comparative Analysis of Criminal Law Regulations Towards the Phenomenon of Deepfake Pornography
The rapid development of artificial intelligence (AI) over the past decade has introduced new challenges in criminal law, particularly the phenomenon of deepfake pornography which poses serious threats to victims’ privacy, reputation, and personal integrity. This study employs a normative juridical approach using the statute approach, conceptual approach, and comparative approach to analyze Indonesian regulations and compare them with the United States. Data were collected through library research including legislation, government policies, academic articles, and relevant court decisions. Findings reveal that Indonesian regulations such as Law Number 1 of 2024 on Electronic Information and Transactions, Law Number 44 of 2008 on Pornography, Law Number 27 of 2022 on Personal Data Protection, and the new Criminal Code Law Number 1 of 2023, do not explicitly regulate AI-based synthetic media, creating normative gaps and legal uncertainty that worsen victims’ positions. In contrast, the United States has introduced policies such as the TAKE IT DOWN Act requiring the removal of non-consensual intimate content within a specific timeframe. Victim protection principles and the right to be forgotten applied in the US may serve as valuable inspiration for Indonesia to strengthen its legal framework. This study emphasizes the urgent need for criminal law reform through amendments to the Pornography Law, the ITE Law, or the establishment of a specific law on AI-generated pornography to ensure more effective, fair, and adaptive legal protection for victims in the digital era.
Copyright (c) 2026 Ni Gusti Agung Ayu Mas Tri Wulandari
Juridical Analysis of the Criminal Act of Sexual Harassment by Medical Personnel in the Perspective of Progressive Law and the New Criminal Code
This study discusses the juridical analysis of the criminal act of sexual harassment by medical personnel from the perspective of progressive law and the New Criminal Code (KUHP). The case of sexual harassment by medical personnel in Garut in 2025 is the background for this study, which shows the abuse of power relations between medical personnel as the dominant party and the patient as the vulnerable party. This study aims to analyze how law enforcement of the case is reviewed from progressive legal theory and its conformity with the provisions of the New Criminal Code and the Sexual Violence Crime Law. The research method used is normative legal research with a statutory approach, a conceptual approach, and a case approach, and is analyzed qualitatively. The results of the study show that although law enforcement has resulted in criminal verdicts and restitution for victims, the process is still influenced by the phenomenon of no viral, no justice, so it does not fully reflect substantive justice. Based on the progressive legal theory put forward by Satjipto Rahardjo, the law should not only be oriented to legal certainty, but also to the protection and recovery of victims as a whole. Therefore, it is necessary to strengthen the progressive legal paradigm in law enforcement in order to create a more responsive, humane, and just legal system for victims.
Copyright (c) 2026 Ranny Iwan Susilo, Hendriadi Yustin, Wa Marcella, Alex Togaraja Simanjorang, Edy Santoso
Criminalization of Serial Marriage Perpetrators in Criminal Law in Indonesia
This study aims to analyze the legal regulation of serial marriage in the Indonesian legal system and examine the urgency of criminalization of serial marriage perpetrators from the perspective of criminal law. The research method used is normative juridical with legislative, conceptual, and case approaches, through literature studies on primary, secondary, and tertiary legal materials. The results of the study show that the regulation of nikah siri in Indonesian law has not provided optimal legal certainty and protection, especially for women and children, even though it has been regulated in Law Number 1 of 1974 concerning Marriage jo. Law Number 16 of 2019 concerning Amendments to the Marriage Law, due to weak enforcement and the absence of strict sanctions for violations of marriage registration. On the other hand, the criminalization of serial marriage in criminal law has not been appropriately applied because it contradicts the basic principles of criminal law such as the principle of legality in the Criminal Code and has the potential to clash with religious freedom in the 1945 Constitution of the Republic of Indonesia. Therefore, a more effective approach is through strengthening the administrative system, increasing public legal awareness, and more optimal legal protection for women and children
Family Conflict Resolution Patterns: A Study of Wet Sesait in North Lombok
This study examines the patterns of family conflict resolution practiced by the Sesait Customary Law Community (Wet Sesait) in North Lombok. Using a legal sociology approach with qualitative methods, this research analyzes the integration between Tau Lokaq Empat (the traditional leadership structure) and the Majelis Krama Desa (MKD) in resolving family conflicts. Tau Lokaq Empat consists of four pillars: Mangku Gumi (traditional/adat leader), Jintaka (socio-economic leader), Penghulu (religious leader), and Pemusungan (governmental leader). The MKD, established under North Lombok Regent Regulation No. 20 of 2017, functions as a formal village institution integrating three legal systems: positive law, customary law, and religious law. Research findings reveal that conflict resolution follows a structured yet flexible procedure involving complaint submission, victim-centered verification, formal meetings integrating all four Tau Lokaq Empat pillars, and participatory mediation that synthesizes positive law, customary, and religious perspectives. The binding force of MKD decisions derives from dual legitimacy: formal legal legitimacy through the regent's regulation and socio-cultural legitimacy through the involvement of Tau Lokaq Empat. This integrative model demonstrates constructive legal pluralism in practice, where different legal systems function as complementary resources that create comprehensive and contextual justice, rather than competing entities. This study contributes to understanding how indigenous communities maintain traditional conflict resolution mechanisms while adapting to formal legal systems, offering important lessons for victim-centered restorative justice approaches
Copyright (c) 2026 Suci Ramadhani Putri, Raden Sumiadi, Sinardi Sinardi
Cultural Diplomacy between Indonesia and Timor Leste 2020-2024
This study analyzes the cultural diplomacy relations between Indonesia and Timor-Leste during the 2020-2024 period. Employing a qualitative approach through library research and interviews, the study finds that cultural diplomacy plays a significant role in strengthening bilateral relations based on three main findings. First, cultural diplomacy strengthens people-to-people diplomacy through arts, education, and cultural festival programs that build mutual trust between communities. Second, its impact extends to the education, economic, and political sectors, demonstrating a spillover effect from cultural cooperation. Third, its implementation faces structural obstacles such as limited financial and human resources, as well as digitalization challenges. Overall, cultural diplomacy proves to be an effective soft power instrument for historical reconciliation and enhancing multidimensional bilateral relations, although it requires strengthening institutional capacity and digital innovation.
Copyright (c) 2026 Garra Kurniawan, Ali Noer Saman
Analysis of the Israel-Iran Conflict on State Sovereignty and Global Security
The conflict between Israel and Iran, which peaked in 2025-2026, represents one of the most significant escalations in contemporary geopolitics, affecting the international order. This study aims to analyze the implications of this conflict for the principle of state sovereignty and global security dynamics. Using normative research methods, this study examines international legal regulations, the United Nations Charter, the Geneva Conventions, and the doctrines and opinions of international legal experts to evaluate the legality of Israeli military action against Iranian territory. The analysis focuses on the legal, political, and strategic consequences of significant airstrikes such as Operation Lion's Roar and the attack on the South Pars energy facility. The results show that Israel's unilateral military action has the potential to violate international legal norms, including the principle of the prohibition of the use of force without UN Security Council approval, thus threatening Iran's sovereignty and increasing the risk of a transboundary security crisis. This conflict also destabilizes the global security system by disrupting energy trade routes, such as the Strait of Hormuz, and triggering regional military escalations involving other state actors. This research provides a comprehensive understanding of how bilateral conflicts can have a broad impact on state sovereignty and global security, and emphasizes the need for more effective multilateral legal and diplomatic mechanisms to prevent the escalation of international conflicts.
Copyright (c) 2026 Amiruddin Amiruddin, Mochammad Zamroni, Anis Ibrahim, Henny Purwanti, Anton Sujatmiko, Panji Mahardika
Sources of Islamic Family Law: A Comparative Study of Classical and Contemporary Interpretations
The purpose of this study is to compare classical and contemporary interpretation methods as sources of Islamic family law. The main problem of this paper is how the approach used by classical and contemporary interpretation, what are the differences between the two methods, and the relevance of both as references for Islamic family law. This study uses a qualitative approach with a literature study to gather in-depth information on the theme. The results of the study indicate that the classical interpretation method is textual in nature and maintains the originality of the verses, while the contemporary method provides many new approaches that are more relevant to the present day. The differences between the two lie in the period of emergence, sources, approaches, and the main methods used in interpreting the verses. Both are relevant in addressing the challenges of Islamic family law sources, the classical method as the initial foundation and developed with various approaches by the contemporary method to become a foundation for society in the modern era
Copyright (c) 2026 Lalu Kesa Rahmatullah, Ikrima Fajri Agustina Yusuf
Rekonstruksi Politik dan Hukum Berbasis Pendidikan Pancasila dan UUD 1945 sebagai Fondasi Moralitas Kebijakan Publik
Penelitian ini dilatarbelakangi oleh melemahnya moralitas dalam praktik politik hukum dan kebijakan publik di Indonesia, yang ditandai dengan dominasi kepentingan pragmatis serta belum optimalnya implementasi nilai-nilai Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Secara normatif, penguatan nilai ideologi negara telah diamanatkan dalam Pasal 1 ayat (3) UUD 1945 yang menegaskan Indonesia sebagai negara hukum, Pasal 31 ayat (3) UUD 1945 yang mengatur pengembangan sistem pendidikan nasional berbasis keimanan, ketakwaan, dan akhlak mulia, serta Undang-Undang Nomor 20 Tahun 2003 tentang Sistem Pendidikan Nasional yang menekankan pembentukan karakter bangsa. Namun, dalam praktiknya, pembelajaran Pancasila dan konstitusi masih belum optimal di berbagai jenjang pendidikan, sehingga berdampak pada lemahnya pemahaman ideologis di kalangan masyarakat, termasuk akademisi, pejabat publik, dan praktisi hukum. Penelitian ini bertujuan untuk menganalisis kondisi moralitas politik hukum, mengkaji dampak lemahnya pendidikan ideologi negara, serta merumuskan rekonstruksi pembangunan hukum nasional berbasis nilai Pancasila dan konstitusi. Metode yang digunakan adalah yuridis normatif dengan pendekatan perundang-undangan, konseptual, filosofis, dan historis. Hasil penelitian menunjukkan bahwa degradasi moral dalam politik hukum berkorelasi dengan lemahnya internalisasi nilai Pancasila dalam sistem pendidikan dan praktik hukum. Oleh karena itu, diperlukan penguatan kurikulum Pancasila, reformasi kebijakan hukum, serta internalisasi nilai konstitusional dalam seluruh aspek kehidupan berbangsa dan bernegara guna mewujudkan pembangunan hukum nasional yang berkeadilan, bermoral, dan berkelanjutan
Implementation of Restorative Justice for Narcotics Abuse Cases at the Integrated Assessment Institution of Bnn Gorontalo Province
This study aims to analyze the implementation of restorative justice in handling narcotics abuse through the Integrated Assessment Team (TAT) at the National Narcotics Agency of Gorontalo Province and identify various obstacles faced in its implementation. The research method used is empirical legal research with legislative, case, and sociological approaches. Data were obtained through interviews, documentation, and literature studies, then analyzed qualitatively descriptively. The results of the study show that the application of restorative justice has been carried out through an integrated assessment mechanism that functions to determine the feasibility of rehabilitation for narcotics abusers based on medical and legal aspects. This approach makes a positive contribution to reducing the overcapacity of correctional institutions and increasing recovery opportunities for narcotics abusers. However, its implementation still faces various obstacles, including limited human resources, facilities and infrastructure, lack of optimal coordination between law enforcement agencies, and the stigma of the community against narcotics abusers. Therefore, optimization efforts are needed through strengthening regulations, improving the quality of human resources, and increasing synergy between institutions to realize more effective and fair law enforcement.
Copyright (c) 2026 Benny Lefrans Rondonuwu
The Validity and Binding Power of the Parate Execution Clause in the Deed of Granting Mortgage Rights
Mortgage rights as collateral for land play a significant role in financing practices in Indonesia. One of the main characteristics of mortgage rights is the priority position of the holder and the ease of execution if the debtor defaults. Law Number 4 of 1996 concerning Mortgage Rights on Land and Land-Related Objects (UUHT) introduced the concept of parate execution as regulated in Article 6, which grants the first mortgage holder the right to sell the mortgage object at his own discretion through a public auction if the debtor defaults. In practice, the provisions of Article 6 of the UUHT are outlined and emphasized in the parate execution clause included in the Deed of Granting of Mortgage Rights (APHT). However, questions arise regarding the validity of this clause from a contractual legal perspective and the extent of its binding force on debtors and third parties, considering that the execution process in reality still involves an Auction Institution and its validity is often challenged in court. This study aims to analyze the validity of the parate execution clause in APHT from the perspective of contract law and UUHT, and to examine the binding force of the clause on the parties and third parties. The method used is normative legal research with a statutory approach and a conceptual approach. The results of the study indicate that the parate execution clause is essentially valid and binding as an accessory agreement based on Article 6 of UUHT and the principle of freedom of contract, as long as it does not conflict with public order and is implemented in accordance with auction procedures stipulated by law. However, its implementation cannot be interpreted as a completely independent execution without the involvement of an auction institution and without providing space for debtors to file objections. Parate execution in the context of UUHT is more appropriately understood as the creditor's right to initiate a sale through a public auction with simplified procedures, not as the complete elimination of the control function of the judicial institution. Therefore, it is necessary to affirm the limits of the implementation of parate execution through consistent guidelines and jurisprudence to create a balance between certainty and justice for both creditors and debtors.
Copyright (c) 2026 Febrihadi Suparidho, Ayang Afira Anugerahayu
Analysis of the Effectiveness of Social Assistance Policies in Reducing Social Inequality in Indonesia
Social inequality is one of the main challenges in development in Indonesia, reflected not only in differences in income levels but also in unequal access to economic resources, education, health, and opportunities for social mobility. In an effort to address this problem, the government has developed various social protection policies, one of which is through social assistance programs aimed at supporting poor and vulnerable groups. This study aims to analyze the effectiveness of social assistance policies in reducing social inequality in Indonesia from a public policy analysis perspective. This study uses a qualitative approach with a library research method sourced from academic books, scientific journal articles, government policy reports, and various official documents relevant to social assistance policies in Indonesia. Data analysis techniques are carried out descriptively and analytically by examining the relationship between policy design, program implementation, and their impact on reducing social inequality. The results show that social assistance policies have an important contribution in strengthening the economic resilience of the poor, maintaining minimum household consumption levels, and increasing access to basic needs. However, the effectiveness of these policies is still influenced by various factors, such as the accuracy of beneficiary targeting, institutional capacity in program implementation, the quality of governance, and the integration of policies with community economic empowerment programs. Therefore, strengthening socioeconomic data systems, improving institutional coordination, utilizing information technology, and implementing evidence-based policy approaches are crucial steps to increase the effectiveness of social assistance policies as instruments for reducing social inequality in Indonesia.
Copyright (c) 2026 Aulora Cinthia, Elsa Elsa, Elsae Elsae, Rea Adventia Wineini
Cohabitation (Living Together) Among College Students: A Review of Shifting Marital Values and Educational Priorities
This study aims to analyze the phenomenon of declining marriage rates among Generation Z and its impact on population dynamics in Indonesia. In recent years, there has been a growing trend of delayed marriage influenced by various factors, including economic conditions, shifting social values, and the influence of social media. This research employs a qualitative approach with an exploratory design to understand Generation Z’s perspectives on marriage. Data were collected through the analysis of digital content on social media platforms as well as a literature review of scholarly sources and statistical reports. The findings indicate that Generation Z tends to delay marriage due to prioritizing education, career development, and concerns about potential risks in marital relationships. This phenomenon has implications for declining fertility rates, changes in population age structure, and the potential for population aging in the future. From the perspective of the Second Demographic Transition (SDT) theory and the Intermediate Variables of Fertility, these changes reflect a shift from collective- oriented values toward individualization. Therefore, adaptive policies are needed to maintain the balance of population dynamics in Indonesia.
Copyright (c) 2026 Adisti Putri Rahmadiani, Asma Nadia Hasuna, Sarah Nur Azizah, Mirna Nur Alia Abdullah