JIHAD : Jurnal Ilmu Hukum dan Administrasi
Lembaga Penelitian dan Pendidikan (LPP) Mandala
Fiqh Aqalliyat: the Endeavor for the Well-Being of Muslims as a Minority
Fiqh Aqalliyat: The Endeavor for the Well-Being of Muslims as a Minority. Fiqh Aqalliyat (Minority Jurisprudence) is a contemporary branch of Islamic legal studies that has emerged in response to the reality of Muslims living as minorities in non-Muslim countries. This situation gives rise to various social, political, and religious challenges that are not fully accommodated by classical fiqh, which was developed within the context of majority Muslim societies. Fiqh Aqalliyat therefore presents itself as a form of modern ijtihad (independent legal reasoning) that seeks to prioritize the welfare of the community through a contextual and flexible approach while remaining grounded in the foundational principles of Islam. This study employs a qualitative method with a literature review approach to explore the concept, its shar'i foundations, and its application in the lives of Muslim minorities. The findings indicate that Fiqh Aqalliyat is not intended to replace established Islamic law, but rather serves as an adaptation to the challenges posed by different times and places. Principles such as maslahah mursalah (unrestricted public interest), rukhsah (legal dispensation), and taghayyur al-fatwa (change of legal opinion) constitute the primary foundations in formulating rulings relevant to minority contexts. Accordingly, Fiqh Aqalliyat serves as a vital instrument in maintaining the balance between Islamic integrity and social engagement within pluralistic societies. This study recommends further academic and practical development of Fiqh Aqalliyat so that it may become an applicable and effective solution for Muslim communities across the globe.
Fiqh Aqalliyat Muslim Minority Islamic Law Maslahah Maqasid al-Shari'ah
Analysis of the Criminal Liability of Influencers from the Perspective of Criminal Law
The development of information and communication technology has transformed product marketing from conventional media to digital marketing through social media platforms. In this context, influencers play a significant role in promoting products to the public. However, cases have emerged where influencers promote illegal products or products without proper distribution permits, potentially causing harm to consumers. The issues addressed in this study concern the legal regulation of product promotion through social media in Indonesia and the form of criminal liability of influencers who promote illegal products. This research employs a normative legal research method using statutory and conceptual approaches. Legal materials were collected through library research and analyzed qualitatively. The results show that product promotion through social media is subject to several legal provisions, including the Law on Electronic Information and Transactions, the Consumer Protection Law, and regulations concerning Electronic Commerce. Influencers may be held criminally liable if their promotional activities fulfill the elements of a criminal offense, particularly when there is an unlawful act, fault in the form of intent or negligence, and involvement in disseminating misleading information or facilitating the circulation of illegal products, which may be linked to the concept of participation under Articles 55 and 56 of the Criminal Code
Copyright (c) 2026 gede Gede Sadia Dwi sadia
Governance Innovation and Public Service Effectiveness at the Sub-district Level: A Contextual Qualitative Analysis
This study analyzes the effectiveness, efficiency, and fairness of public services at the sub-district level in the context of fiscal constraints and institutional capacity. Using a descriptive qualitative research design combined with thematic and spatial analysis, this study assesses how governance innovations, institutional capacity, and basic infrastructure affect public service performance. Data were collected through multi actor interviews, observations, and document analysis involving 45 respondents from three administrative clusters. Results indicate that prioritizing basic needs such as road repairs, clean water access, and public lighting significantly improves public service accessibility and satisfaction, even under budget constraints. Data-driven governance innovations and digital technology increase service efficiency by approximately 35% and strengthen budget accountability. Program sustainability is strongly influenced by cross-period political commitment, staff training, and the existence of a transparent audit trail. Infrastructure quality is positively related to citizen satisfaction (r = 0.72), but maximum impact is achieved when supported by strong human resource capacity and information technology. The integration of public participation and transparency within the New Public Service framework has been shown to strengthen service fairness and responsiveness. This research provides empirical contributions to the development of a sustainable local governance model based on innovation and basic needs, and recommends further research on the integration of spatial and digital indicators in public policy evaluation in rural areas.
Effectiveness of the Application of Good Governance Principles in Vehicle Testing Services at the Gorontalo City Transportation Office
This study aims to determine the effectiveness of the application of the principle of good governance in vehicle testing services at the Gorontalo City Transportation Agency and the factors that hinder the application of the principle of good governance in these services. This study uses a type of empirical legal research with a sociological juridical approach. The data sources used consisted of primary data obtained through observation and interviews with the Gorontalo City Transportation Office and the community using motor vehicle testing services, and secondary data obtained through literature studies of laws and regulations, books, and journals related to research. The data analysis technique is carried out qualitatively by describing the results of the research systematically. The results of the study show that the application of good governance principles in vehicle testing services at the Gorontalo City Transportation Office has been running quite well. This can be seen from the application of the principle of transparency through the disclosure of service information, the principle of accountability through the implementation of duties according to standard operating procedures, and the principle of responsiveness through officer services to the community. However, the effectiveness of services is still not optimal because there are still delays in services, vehicle queues, and service infrastructure facilities have not been maximized. The factors that hinder the application of the principle of good governance in vehicle testing services consist of human resource factors and infrastructure factors. The limited number of vehicle testing officers and the inadequacy of testing equipment are obstacles in the implementation of motor vehicle testing services at the Gorontalo City Transportation Office.
Legal Protection for the Citizenship Status of Children from Mixed Marriages in the Mandalika Special Economic Zone
The development of the Mandalika Special Economic Zone as a global tourist destination has strengthened social interactions between Indonesians and foreigners, including through intermarriages. This phenomenon has given rise to various family law issues, particularly regarding the citizenship status of children from these marriages. The issues encompass not only child citizenship norms but also the implementation of population administration, immigration documents, and the actual guarantee of children's civil rights. This study aims to analyze the legal provisions for citizenship of children from intermarriages under Indonesian law and evaluate the effectiveness of legal protection for these children in the Mandalika Special Economic Zone (SEZ). The method used is a normative-empirical approach with a socio-legal approach. The normative analysis examines Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia, Law Number 1 of 1974 concerning Marriage as amended by Law Number 16 of 2019, along with regulations on population administration and child protection. Meanwhile, the empirical approach explores social and administrative practices in the Mandalika Special Economic Zone. The findings indicate that, normatively, limited dual citizenship has protected children from intermarriages. However, field practice remains hampered by delays in marriage registration, inconsistencies in documents between countries, lack of coordination between agencies, and limited public legal knowledge regarding the status of children. Recommendations include strengthening integrated administrative services based in international tourism areas, harmonizing population and immigration regulations, and providing legal education for mixed-marriage couples to ensure legal certainty and children's rights.
Copyright (c) 2026 Ayang Afira Anugerahayu, Febrihadi Suparidho
Strengthening Marine Ecosystem Protection through the Blue Constitution Approach in Indonesia
Indonesia, as an archipelagic nation, possesses vast marine resources, yet faces serious threats in the form of ecosystem degradation, such as the destruction of coral reefs and mangroves, and marine pollution. These issues demonstrate that marine conservation laws are not yet fully effective in ensuring ecological sustainability. This study aims to analyze the conceptualization of the Blue Constitution in the Indonesian legal system and assess its relevance in strengthening the protection of marine ecosystems. The research method used is normative legal research with a statutory and conceptual approach. The results of the study indicate that the concept of Blue Constitution is a development of the Green Constitution, which places the sea as part of constitutional rights and an object of state protection. However, in the Indonesian legal system, this concept has not been explicitly formulated, so its implementation remains fragmented across various sectoral regulations. Therefore, conceptual strengthening and regulatory harmonization are needed to enable the Blue Constitution to function as a normative basis for the protection of sustainable marine ecosystems.
Copyright (c) 2026 Nathania Permata, Nadhira Wahyu Adityarani
Consumer Protection in Digital Transactions: Analysis of Potential Legal Voids
Consumer protection is a crucial aspect of economic dynamics because it is related to guaranteeing the rights and interests of consumers as users of products and services. The goal is to ensure that consumers are not disadvantaged in transactions with businesses in the digital world. Consumer protection is not only a normative interest but also a strategic element in maintaining consumer trust in a rapidly evolving market. This is due to the continuous advancement of digital technology. The purpose of this study was to determine the existing regulations related to consumer protection and their practices in Indonesia in this digital technology era. Using normative research methods, this study can provide input to stakeholders regarding the revision of consumer protection laws. The study identified potential legal gaps in digital transactions, including attribution of responsibility, consumer data, standard clauses, and dispute resolution.
Copyright (c) 2026 I Gusti Bagus Sakah Sumaragatha
Effectiveness of Forestry Law Enforcement Against Forest Destruction in Central Lombok
Forests play an important role in maintaining ecological balance, supporting community livelihoods, and protecting biodiversity. However, forest destruction in Central Lombok remains a serious problem due to illegal logging, forest encroachment, land conversion, and limited law enforcement capacity. This study aims to analyze the effectiveness of forestry law enforcement against forest destruction in Central Lombok. The discussion is based on statutory regulations, literature review, and interview findings related to forestry law enforcement practices. The results show that forestry law enforcement in Central Lombok has not been fully effective. Although Indonesia already has legal instruments such as Law Number 41 of 1999 concerning Forestry and Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction, implementation in the field still faces various obstacles. These obstacles include limited personnel, inadequate monitoring facilities, weak inter-agency coordination, low legal awareness, and high community dependence on forest resources. In addition, sanctions have not always created a strong deterrent effect. Therefore, strengthening institutional coordination, improving supervision, increasing community legal awareness, and providing sustainable economic alternatives are needed to protect forest areas more effectively.
Copyright (c) 2026 Hera Alvina S, Muhammad Rifaldi Setiawan
Political and Legal Reconstruction Based on Pancasila Education and the 1945 Constitution as the Foundation of Public Policy Morality.
This study is motivated by the decline of moral integrity in legal politics and public policy in Indonesia, characterized by the dominance of pragmatic interests and the insufficient implementation of Pancasila values and the 1945 Constitution of the Republic of Indonesia. Normatively, the strengthening of state ideology is mandated in Article 1(3) of the 1945 Constitution, which affirms Indonesia as a state governed by law, Article 31(3) concerning the development of a national education system based on faith, piety, and noble character, and Law No. 20 of 2003 on the National Education System emphasizing character building. However, in practice, the teaching of Pancasila and constitutional values remains suboptimal across educational levels, resulting in weak ideological and constitutional understanding among society, including academics, public officials, and legal practitioners. This research aims to analyze the condition of moral integrity in legal politics, examine the impact of weak ideological education, and formulate a reconstruction of national legal development based on Pancasila and constitutional values. The study employs a normative juridical method with statutory, conceptual, philosophical, and historical approaches. The findings indicate that moral degradation in legal politics is closely linked to the weak internalization of Pancasila values in education and legal practice. Therefore, strengthening Pancasila education, reforming legal policies, and reinforcing constitutional values across all aspects of national life are essential to achieving a just, moral, and sustainable legal system.
Strengthening the Regional Investment Climate Through Bandung City Regional Regulation Number 4 of 2022: Legal Certainty, Incentives, and Ease of Doing Business
Bandung City Regional Regulation Number 4 of 2022 concerning Investment Implementation serves as a regional legal engineering instrument in response to the shift in national regulatory paradigm following the enactment of the Job Creation Law. This regulation is intended not only as a legal umbrella for investment but also as a framework for driving the regional economy by strengthening legal certainty, ease of doing business, and integrating investment policies with the development direction of Bandung City. This regulation emphasizes the implementation of investment that aligns with riskbased business licensing, spatial planning, infrastructure provision, employment, environmental protection, and strengthening the capacity of the regional bureaucracy. The essence of the regulation positions investment not merely as an influx of capital, but as a regional development ecosystem that includes social and sustainable dimensions, including through partnerships with MSMEs/cooperatives, local labor absorption, and encouragement of the implementation of environmentally friendly technologies. This study aims to analyze how Bandung City Regional Regulation Number 4 of 2022 functions as a legal umbrella and framework for driving the regional investment climate; examine the harmonization of regional economic growth targets with aspects of social openness through strengthening MSME/cooperative partnerships and providing local employment; and examine the relationship between incentive schemes and investment facilitation with control mechanisms as a form of accountability for investment implementation. The research method used is a normative juridical approach withstatute approach, which focuses on analyzing legal documents through a review of the main norms in Regional Regulation 4/2022, including the objectives of the regulation, regional government authority, investment planning in the form of RUPMK and investment potential maps, investor rights and obligations, business sector regulations, incentives and facilities, as well as guidance, supervision, reporting, and administrative sanctions instruments. Normatively, Bandung City Regulation Number 4 of 2022 positions Bandung City not only as a capital destination, but also as an investment ecosystem with legal certainty, oriented towards inclusive, competitive, and sustainable regional economic growth, through partnerships with MSMEs/cooperatives, absorption of local labor, and compliance with environmentally friendly principles that are accountably controlled by the local government.
Copyright (c) 2026 Heigel Parodi Ritonga, Putra Dirgantara, Rifaldo Aditya
Business Law Construction on ESG Practices in the Electric Vehicle Industry: Measuring Economic Growth and Ecological Impacts
The rapid expansion of the electric vehicle (EV) industry in Indonesia promises significant economic growth through nickel downstreaming but simultaneously poses massive ecological threats. This paper aims to analyze the juridical construction of Environmental, Social, and Governance (ESG) practices within Indonesian business law to balance economic investments with sustainable ecological protection. Employing a normative-juridical method through statutory and conceptual approaches, this study strictly examines corporate and environmental legal frameworks without sociological elements. The findings reveal a regulatory vacuum where ESG compliance remains a voluntary soft law rather than an imperative hard law for closed corporations in the EV supply chain. Existing regulations lack the integration of ecological compliance into the absolute obligations of corporate governance. Consequently, business law must be reconstructed to enforce supply chain liability, mandatory green accounting, and Extended Producer Responsibility (EPR). The conclusion emphasizes that integrating ESG as a doctrinal pillar in commercial and corporate law is a conditio sine qua non to ensure that the EV industry's macroeconomic growth does not compromise the environmental carrying capacity and the fundamental rights of future generations.
Copyright (c) 2026 habibi habibi, Febrian Chandra, Rizki Apriadi Bahri, Rifki Purwadi, Usman Usman
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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