Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
PERLINDUNGAN HUKUM BAGI KONSUMEN DALAM TRANSAKSI DIGITAL DENGAN MODUS PENIPUAN
The level of information technology development has encouraged an increase in digital trade transactions through e-commerce platforms, one of which is Shopee. This phenomenon provides convenience for consumers, but it also raises serious issues in the form of criminal fraud and illegal trade that harm society. The urgency of this research lies in the increasing number of digital fraud cases that test the effectiveness of legal regulations, particularly the Consumer Protection Law and the Electronic Information and Transaction Law. This study aims to answer questions about the forms of criminal acts in digital transactions through Shopee and how legal protection is provided to consumers based on Indonesian positive law. This study uses a normative legal research design with a qualitative approach. Data was collected through a literature study, covering primary legal materials in the form of laws and court decisions, as well as secondary legal materials from academic literature. Two Supreme Court decisions, namely Decision Number 109 K/Pid.Sus/2024 and Number 951 K/Pid.Sus/2020, were used as case studies to assess the application of law in digital consumer protection. The analysis was conducted descriptively and analytically by interpreting legal norms and relating them to the context of practice. The results of the study show that digital transactions are prone to being exploited for criminal acts of subsidised price fraud and the distribution of prohibited goods. Legal protection through the UUPK and UU ITE still faces obstacles, particularly in terms of digital evidence, low consumer legal literacy, and limited online dispute resolution mechanisms. This study contributes to expanding the study of consumer protection law by integrating the perspectives of criminal law, cyber law, and jurisprudence. The conclusion of this study emphasises the need for regulatory updates, increased digital literacy, and strengthened obligations for e-commerce platforms to protect consumers. Further research is recommended to examine the effectiveness of electronic dispute resolution and the role of non-litigation institutions in digital consumer protection.
Copyright (c) 2025 Ridwan Maulana Muhammad, Siti Marwiyah, Renda Aranggraeni, Vallencia Nandya Paramitha https://creativecommons.org/licenses/by-nc-sa/4.0
PERLINDUNGAN HUKUM KONSUMEN DALAM LAYANAN PAYLATER DAN PINJAMAN ONLINE DI INDONESIA
This study aims to analyze the forms of legal protection for consumers in services.Buy Now Pay Later (PayLater) and online lending in Indonesia. The primary focus is to identify how existing regulations, such as the Financial Services Authority Regulation (POJK) and the Personal Data Protection Law, can protect consumers from abusive practices, hidden fees, and the risk of default, and how on-the-ground practices reflect the implementation of these regulations. This study employs a normative juridical method with a conceptual and comparative regulatory approach, supported by qualitative descriptive analysis of secondary data. Data were collected through a review of the latest regulations (POJK No. 10/2022, POJK No. 22/2023, Law No. 27/2022), official OJK reports (SLIK Statistics, APPK, PASTI Task Force), and industry survey results. Research shows that PayLater and online lending services are growing rapidly in Indonesia, driven by the consumer behavior of the younger generation. OJK regulations have provided a protective framework, but their effectiveness is limited to legitimate providers, while misuse of personal data, hidden fees, and aggressive collection practices remain significant issues. This research only uses secondary data from public reports, regulations, and academic literature. This study contributes to the development of legal science and consumer protection by highlighting the urgency of strengthening regulations. The results of this study are useful for regulators (OJK, Kominfo), fintech industry players, academics, and policy makers in formulating more effective consumer protection strategies in the digital financial services sector.
Copyright (c) 2025 Rahmad Ready Kurniawan, Faisol https://creativecommons.org/licenses/by-nc-sa/4.0
IMPLEMENTASI PERATURAN MENTERI DALAM NEGERI NOMOR 20 TAHUN 2012 TENTANG PENGELOLAAN DAN PEMBERDAYAAN PASAR TRADISIONAL (STUDI KASUS PASAR RAU KOTA SERANG)
Traditional markets are a vital component of local economies, yet they often face various management and empowerment challenges. Pasar Rau in Kota Serang is one such market with significant economic potential, but it suffers from issues such as disorganized zoning, poor infrastructure, and weak supervision and trader regulation. In this context, the implementation of the Minister of Home Affairs Regulation No. 20 of 2012 is highly relevant to assess the effectiveness of traditional market management. This study aims to analyze how the policy on traditional market management and empowerment is implemented in Pasar Rau, Kota Serang, using the implementation theory of Van Meter and Van Horn. The theory outlines six key indicators: policy standards and objectives, resources, communication among implementers, characteristics of implementing agencies, socio-economic and political environment, and implementer disposition. This research uses a qualitative method with a case study approach. Data were collected through in-depth interviews, field observations, and documentation. Informants included officials from the Department of Industry and Trade (Disperindag), market managers from PT. Pesona Banten Persada, as well as traders and visitors. The findings indicate that the policy implementation is not yet optimal. There are obstacles in human resources, ineffective communication, and resistance from traders due to relocation and limited facilities. The rise of digital platforms such as e-commerce also influences traditional market dynamics. In conclusion, the implementation of market management policies in Pasar Rau still faces significant challenges, both internally and externally. Improvements in coordination, human resource capacity, and participatory approaches are essential for sustainable policy execution.
Copyright (c) 2025 Sherlinda, Gatot Hartoko, Rizki Amilia https://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS HUKUM TEHADAP PENGARUH KEBIJAKAN TATA RUANG TERHADAP PENGELOLAHAN LINGKUNGAN BERBASIS AMDAL
Spatial planning policy plays a fundamental role in directing sustainable development and ensuring balance between land use and environmental protection. This study aims to analyze the influence of spatial planning policy on the effectiveness of environmental management based on Environmental Impact Assessment (EIA), focusing on the integration between Regional Spatial Plans (RTRW), Detailed Spatial Plans (RDTR), and EIA within Indonesia’s legal and institutional framework. The research employed a juridical-normative approach supported by contextual analysis of institutional data and environmental planning documents in North Sulawesi Province. The analysis was conducted through legal document review, normative interpretation, and policy comparison across levels of government. The results show that integration between RTRW/RDTR and EIA remains ineffective due to regulatory disharmony, weak institutional coordination, and limited spatial data availability. The functional relationship between Approval of Spatial Utilization Conformity and Environmental Approval, which should be sequential, often operates separately in practice. The analytical model indicates that spatial data readiness and institutional capacity have a direct influence on policy integration effectiveness, while cross-sectoral coordination serves as a mediating factor that strengthens inter-agency synergy. These findings emphasize the need for regulatory harmonization, institutional strengthening, and the acceleration of the One Map Policy implementation as a foundation for evidence-based decision-making. This study contributes to the understanding of adaptive and ecologically just environmental governance within Indonesia’s spatial planning system.
Copyright (c) 2025 Fatimah Hs, Pinkan Jonike Kurenteng, Injil Yesika Krisia Pangemanan, Andini Dewi Thomas https://creativecommons.org/licenses/by-nc-sa/4.0
PERLINDUNGAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH ANGGOTA KEPOLISIAN (Studi Kasus Nomor: 50/PID/2022/PT.TJK)
Drug abuse in Indonesia is a serious problem that not only affects public health but also threatens the legitimacy of law enforcement institutions. Cases involving members of the Indonesian National Police (Polri) who have been caught using narcotics are ironic because the very officials who are supposed to be at the forefront of eradication efforts have instead become perpetrators. The urgency of this study lies in the lack of research highlighting the integration of criminal and administrative accountability for Polri officials who commit narcotics crimes. The main questions asked are what forms of criminal and administrative accountability are imposed on members of the Indonesian National Police in cases of drug abuse, and to what extent are legal norms implemented consistently. This study uses a normative legal research design with a qualitative approach. Data was obtained through a literature study by examining primary legal materials in the form of laws and court decisions, as well as secondary legal materials in the form of literature and scientific journals. The analysis was conducted normatively and qualitatively using a legislative and case approach, supported by Satjipto Rahardjo's progressive legal theory and white collar crime theory. The results of the study show a discrepancy between legal norms and practice. The verdict against Tito Satria Perdana bin Supraptono only imposed criminal sanctions, without clarity on the administrative sanctions that should have been applied based on Government Regulation No. 2 of 2003. These findings reveal weak internal supervision within the Indonesian National Police, potential impunity, and declining public trust. In conclusion, narcotics abuse by Polri officers cannot be viewed solely as an individual violation, but rather as an institutional symptom that requires regulatory reform, strengthened supervision, and transparency. Further research is recommended to explore the role of external supervisory institutions in ensuring the accountability of law enforcement officials.
Copyright (c) 2025 Moch. Rafli Ubayidillah, Syahrul Borman, Muhammad Yustino Aribawa, Vieta Imelda Cornelis https://creativecommons.org/licenses/by-nc-sa/4.0
AKIBAT HUKUM PENOLAKAN AUTOPSI OLELH KELLUARGA DALAM KASUS KEMATIAN TIDAK WAJAR (STUDI KASUS PUTUSAN PERKARA NOMOR: 629/PID.B/2021/PN.SEI RAMPAH)
Forensic autopsies play a crucial role in criminal proceedings because they can reveal the cause of death scientifically and objectively. However, the practice in Indonesia still faces a dilemma when the victim's family refuses to allow an autopsy to be performed. This situation poses a serious problem, given that without an autopsy, the causal relationship between the perpetrator's actions and the victim's death is difficult to prove legally. This study stems from the urgency to understand the position of autopsy in criminal law and to examine the legal consequences that arise when families refuse to allow it to be performed. The main questions to be answered are how the refusal of an autopsy affects the quality of criminal evidence and what the legal consequences are for court decisions. The research method used is normative juridical with a case approach, through a study of legislation, doctrine, and court decisions, particularly the Sei Rampah District Court Decision Number 629/Pid.B/2021/PN.Sei Rampah. Primary legal materials were obtained from the Criminal Code, Criminal Procedure Code, and Health Law, while secondary legal materials were obtained from academic literature and previous research. The analysis was conducted qualitatively, focusing on the relationship between legal norms, judicial practice, and the implications of refusing an autopsy. The results of the study show that the refusal of an autopsy by the victim's family has a direct impact on the weakness of criminal evidence. Judges cannot scientifically determine the cause of death, so defendants are often only sentenced on lesser subsidiary charges. These findings confirm a legal loophole in the Criminal Procedure Code, which only regulates notification to families without regulating the mechanism in the event of refusal. The conclusion of this study confirms that existing regulations are insufficient to address the dilemma between the rights of the victim's family and the public interest in upholding justice. Therefore, more explicit updates to criminal procedure law are needed, as well as legal communication strategies that can increase public understanding of the urgency of autopsies. Further research is recommended to examine the ethical and social dimensions in greater depth so that the solutions offered are more comprehensive.
Copyright (c) 2025 Radar Wijaya, Noenik Soekorini, Dedi Wardana Nasoetion, Moh. Taufik https://creativecommons.org/licenses/by-nc-sa/4.0
IMPLEMENTASI PELAYANAN PUBLIK DALAM PENYALURAN BANTUAN SOSIAL PADA PROGRAM KELUARGA HARAPAN (PKH) BERDASARKAN UNDANG-UNDANG NO. 13 TAHUN 2011 DI KELURAHAN PANDEGLANG
Based on Law Number 13 of 2011 concerning the Handling of the Poor, the purpose of this study is to describe the implementation of community assistance in the study of Social Assistance through the Family Hope Program (PKH) in Pandeglang Village. This study uses a descriptive qualitative method with a case study approach. Data were collected using semi-structured observation, non- participatory analysis, and document analysis. Information includes PKH facilitators, village officials, and beneficiaries. This study shows that although PKH implementation has followed procedures and laws and regulations, several technical, administrative, and social problems remain. First and foremost, these include a lack of public understanding of the assistance process and human resources, inadequate Integrated Social Welfare Data (DTKS), and suboptimal communication between relevant parties. Inter- agency coordination, preventive activities, and government cooperation are supporting elements. Based on the research findings, although PKH has been implemented in Pandeglang Village, its effectiveness has not been fully realized. Improvements made include increasing public awareness of the rights and obligations of recipients of assistance, clear and concise presentation of the DTKS (Disability Report), and improving the social capacity of facilitators. This study offers theoretical contributions related to public policy implementation and practical recommendations to maximize the quality of social services.
Copyright (c) 2025 Heni Nuraeni, Try Adhi Bangsawan, Rizki Amilia https://creativecommons.org/licenses/by-nc-sa/4.0
This research discusses the relationship between law, power, and social resistance. The background of the research shows that a number of policies and legislative products? are considered not pro-people?and tend to benefit the rulers and businessmen, while the space for public participation in the law-making process is largely closed. The purpose of this study is to analyze the causes of the decline in the effectiveness of the law and the role of demonstrations and a means of socio-political correction, The method used is juridical normative with a study of related theories, concept, doctines, and legislation. The results of the study show that laws can be “overturned” or lose their legitimacy due to three main factor : (1) the law itself – reflected in problematic substance and prosedures as well as the judicial review decisions of the Constitutional Court; (2) power – political influence on the formation and amendment of laws, resulting in the laws often functioning as political tools; and (3) riots of demonstrations – historical mass actions have proven effective in driving social and legal change (e.g., the proclamation of independence, the 1998 reform, the labor movement). The conclusion emphasizes that changing the law requires a combination of political effort, legal mechanisms, and mass mobilization. The recommendations stress the importance of public participation in the legislative process, the use of available legal channel, and the strengthening of social movements as the corrective to policies that harm the people.
Copyright (c) 2025 Sarino, Wiwik Aswanti https://creativecommons.org/licenses/by-nc-sa/4.0
PENGARUH PELAYANAN BERBASIS DIGITAL TERHADAP KEGIATAN AKADEMIK DI UNIVERSITAS MUHAMMADIYAH GORONTALO
This study examines the effect of digital-based services on academic activities at Universitas Muhammadiyah Gorontalo. The rapid development of digital technology in the era of the Industrial Revolution 4.0 has significantly influenced public services, including higher education institutions. This research employs a quantitative associative approach with a sample of 98 students selected from a population of 3,800 using the Slovin formula. Data were collected through questionnaires and analyzed using validity and reliability tests, correlation analysis, and simple linear regression. The findings reveal that digital-based services have a positive but weak and statistically insignificant relationship with academic activities, as indicated by a regression coefficient of 0.382 and a significance value of 0.052. The weak influence is primarily due to limited student digital literacy, dependence on electricity infrastructure, and unstable internet access. These challenges hinder the optimization of digital services in supporting academic processes. The study suggests the need for continuous digital literacy training, improved infrastructure, reliable internet access, and collaboration with service providers to enhance the effectiveness of digital-based academic services.
Copyright (c) 2025 Muslim Panigoro,Muh. Firyal Akbar,Robin Pakudu https://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS EFEKTIVITAS PENGGUNAAN APLIKASI MOBILE JKN DALAM MENINGKATKAN PELAYANAN BPJS KESEHATAN DI RSUD MALINGPING
This study was conducted to analyze the effectiveness of using the JKN mobile application and to identify the supporting and inhibiting factors in using the JKN mobile application in improving BPJS Kesehatan services at Malingping Regional General Hospital. This study used a descriptive qualitative research design. The results of this study indicate that the use of the JKN mobile application at Malingping Regional General Hospital has a positive impact in facilitating access to services, speeding up the service process, streamlining service time, reducing queues, and helping to ease the workload of service officers. However, several challenges were still found, such as limited digital literacy among the elderly, technical constraints in the application, and delays in doctor appointments that did not match the schedule. Nevertheless, there are supporting factors, including service officers who provide direct education to patients and service features on the application, including the use of the online queue feature. Overall, the use of Mobile JKN at Malingping Regional General Hospital is quite effective in improving BPJS Kesehatan services, but optimization is still needed, especially in terms of assisting elderly users, technological infrastructure, and coordination between the regional general hospital and doctors regarding service schedules.
Copyright (c) 2025 Ananda Fajar Pamungkas, Try Adhi Bangsawan, Dede Qodrat Al Wajir https://creativecommons.org/licenses/by-nc-sa/4.0
Evaluasi Open Goverment Pada Layanan Perizinan Online Di DPM PTSP Kota Palangkaraya
The application of Open Government principles in online licensing services aims to increase transparency, participation, and accountability in public services. This study evaluates Open Government in online licensing services at the Palangka Raya City Investment and One-Stop Integrated Services Agency (DPMPTSP) through the Online Single Submission (OSS) system. Using a qualitative descriptive approach, the study analyzed six key aspects based on William N. Dunn's evaluation theory: effectiveness, efficiency, adequacy, equity, responsiveness, and accuracy. The research findings indicate that the OSS system successfully increased the efficiency of the licensing process with fast turnaround times (1-5 days) and more open access to information, supported by outreach and technical assistance. However, challenges such as low digital literacy among the public (especially the elderly), gaps in technology access, and delays in verification still hamper optimization. These results emphasize the need for improved digital infrastructure, human resource training, and inclusive outreach to strengthen the implementation of Open Government principles.
Copyright (c) 2025 Rusita, Sadar, Riban Satia https://creativecommons.org/licenses/by-nc-sa/4.0
IMPLEMENTASI KEBIJAKAN PEMERINTAH KABUPATEN SERANG NOMOR 3 TAHUN 2019 TENTANG PENGELOLAAN SAMPAH (STUDI KASUS DI DESA CIKANDE PERMAI)
The issue of waste is a major problem faced in many locations, including Cikande Permai Village, located in Cikande District. With the increase in population and social activities, the volume of waste produced has also increased rapidly, while the available waste management system is still not functioning efficiently. The purpose of this study is to analyze the implementation of Policy No. 3 of 2019 concerning Waste Management based on the George C. Edward III model. A qualitative descriptive approach with data collection techniques through interviews, observation, and documentation is the technique or research method used in this study. The analysis was conducted based on Edward III's model, which consists of communication, resources, implementer disposition, and bureaucratic structure. This study shows that the implementation of the policy is not yet completely free from obstacles, such as a lack of formal communication, human resources, and facilities. Even so, community initiatives and local participation are beginning to grow. It is recommended that technical training, institutional strengthening, and cross-sector coordination be provided so that policy implementation can be more effective and sustainable.
Copyright (c) 2025 Zepanya Manurung, Try Adhi Bangsawan, Eli Apud Saepudin https://creativecommons.org/licenses/by-nc-sa/4.0
THE CHILD’S RIGHT TO LIVE: NAVIGATING THE ETHICAL AND LEGAL CROSSROADS OF PARENTAL CONSENT AND MEDICAL NECESSITY IN NIGERIA
The doctrine of informed consent, a cornerstone of medical ethics, empowers competent individuals to steer their own healthcare journey. However, this principle faces a profound ethical crucible when applied to minors, whose autonomy is legally entrusted to parents or guardians. This delegation of authority becomes a matter of life and death when parental decisions, often rooted in sincere religious conviction, directly threaten a child’s survival. This paper argues that Nigerian jurisprudence has decisively established a hierarchy of rights where the preservation of a child’s life supersedes absolute parental autonomy. Through a comprehensive doctrinal analysis of statutory frameworks and pivotal case law, most notably the landmark Supreme Court decision in Esabunor & Anor. v. Dr. Tunde Faweya & Ors, this paper chronicles the legal evolution from parental absolutism to the state’s protective parens patriae role. It explores the delicate balance between the constitutional rights to religious freedom and the inviolable right to life, particularly for society’s most vulnerable. The paper concludes that the “best interests of the child” standard, with the right to life as its paramount component, must remain the unwavering compass guiding medical consent for minors in Nigeria. It recommends further legislative clarity and clinical guidelines to support healthcare providers navigating these agonizing dilemmas.
Copyright (c) 2025 Aneke Chiagozie Victor,Benjamin Igwenyi,Kevin O. Udude https://creativecommons.org/licenses/by-nc-sa/4.0
PERTANGGUNGJAWABAN PIDANA KORPORASI TERHADAP LIMBAH PRODUKSI DALAM PERSPEKTIF TINDAK PIDANA LINGKUNGAN HIDUP (Studi Putusan Nomor: 5054 K/Pid.Sus-LH/2022)
This research discusses: "CORPORATE CRIMINAL LIABILITY FOR PRODUCTION WASTE FROM THE PERSPECTIVE OF ENVIRONMENTAL CRIMES (Study of Decision Number: 5054 K/Pid.Sus- LH/2022)". This study presents two main problems, namely: 1. How is the criminal liability of corporations and corporate managers in Decision Number 5054 K/Pid.Sus-LH/2022 based on the principle of strict liability and the principle of vicarious liability?, 2. How is the urgency of strengthening criminal liability for managers or leaders in corporations, in order to create a deterrent effect and prevent environmental crimes from occurring? The objectives of the study are: 1. To determine the criminal liability of corporations and corporate managers in Decision Number 5054 K/Pid.Sus- LH/2022 related to environmental pollution crimes through the approach of the principle of strict liability and the principle of vicarious liability. 2. To examine the urgency of strengthening criminal liability for managers or leaders in corporations in order to create a deterrent effect, increase legal compliance, and prevent the recurrence of criminal acts of pollution or environmental destruction by business entities in the future. This study uses a normative juridical research approach with the specifications of the statutory approach, conceptual approach, and case approach. The results of the study show that: 1. In Decision Number 5054 K / Pid.Sus-LH / 2022 there is a lack of law enforcement in the use of articles already available in the Environmental Protection and Management Law Number 32 of 2009 where Article 116 paragraph 1 point b and Article 116 paragraph 2 and Article 117 are not used in the decision. then the Supreme Court only uses the principle of strict liability to ensnare the corporation (PT. SASS) as the perpetrator of environmental crimes. Meanwhile, the managers or leaders of corporations who give orders or lead activities are not held criminally responsible even though it is regulated in Article 116 paragraph 1 point b and Article 116 paragraph 2 and Article 117 which are not used in the decision. 2. By combining the principles of strict liability (against corporations) and the principle of vicarious liability (against managers), it is very important that law enforcers should conduct a comprehensive evaluation and consider the use of the provisions of the articles and principles as a legal basis in every decision. Ignoring the use of Article 116 paragraph (1) letter b, Article 116 paragraph (2), and Article 117 of Law Number 32 of 2009 on Environmental Protection and Management, along with the principle of vicarious liability, has the potential to result in an absence of a deterrent effect on the individuals involved, considering that criminal responsibility is not only attached to the corporation, but also to the leaders who give orders. This condition will ultimately have an impact on suboptimal protection of the public interest and environmental sustainability.
Copyright (c) 2025 Wahyu Mustariyanto, Redyana Lutfianidha, Maryuliyanto, Fitria Putri https://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS IMPLEMENTASI PERATURAN DAERAH KABUPATEN SERANG NOMOR 3 TAHUN 2019 TENTANG PENGELOLAAN PERSAMPAHAN (STUDI KASUS DI PASAR CIRUAS KABUPATEN SERANG)
This study stems from the issue of environmental pollution related to waste. Proper waste management will become a serious problem in the future, because environmental sustainability is also affected by waste issues. Global concern regarding environmental damage is inevitable, thus affecting climate change that is difficult for countries around the world to avoid. This study aims to determine the implementation of Serang Regency Regulation Number 3 of 2019 concerning Waste Management at Ciruas Market in Serang Regency. The research method used in this study is qualitative with a descriptive approach to provide an overview of how the regional regulation is implemented at Ciruas Market. This study uses Edward III's theory on policy implementation. The results of the study show that, in general, the Serang Regency local government has made efforts to implement the Regional Regulation on Waste Management. However, it has not achieved maximum results. Therefore, efforts and commitment are needed to address the waste problem. Furthermore, the implementation of this local regulation faces obstacles in terms of facilities and infrastructure, human resources, and public awareness regarding waste reduction. Even though there are supporting factors, where the local government has designated waste issues as a strategic program in Serang Regency.
Copyright (c) 2025 Jihan Lutfiah, Try Adhi Bangsawan, Rizki Amilia https://creativecommons.org/licenses/by-nc-sa/4.0
EVALUASI KINERJA BADAN PERMUSYAWARATAN DESA DALAM PENYELENGGARAAN DEMOKRASI DESA DI DESA BARAMBANG KECAMATAN SINJAI BORONG KABUPATEN SINJAI
This study aims to evaluate the performance of the Village Consultative Body (BPD) in implementing village democracy in Barambang Village, Sinjai Borong Subdistrict, Sinjai Regency. The BPD has a strategic role in village administration, namely legislative, supervisory, and community aspiration absorption functions. However, in its implementation, there are still various obstacles, such as low community participation, suboptimal oversight functions, and weak coordination with the village government. This study uses a qualitative approach with a participatory method. Data collection techniques include in-depth interviews, observation, and documentation. The main informants include BPD members, the village head, community leaders, and villagers. The evaluation is based on input, process, output, and outcome performance indicators. The results of the study show that the Barambang Village Council has performed its functions quite well. In its legislative function, the Village Council has consistently established five village regulations during the 2022-2023 period, covering the Village Budget (APBDesa), Village Work Plan (RKPDesa), and amendments to the Village Budget, with an increase in productivity from two regulations (2022) to three regulations (2023). The function of absorbing aspirations was carried out through a structured mechanism with a good documentation and follow-up system, supported by 16 coordination meetings during the 2022-2024 period. The supervisory function was carried out comprehensively, from planning to the realization of village government activities with coordination.
Copyright (c) 2025 Supriadi Supriadi, Jusniaty Jusniaty, Mursak Mursak, Ashar Abdillah, Adi Nawir https://creativecommons.org/licenses/by-nc-sa/4.0
KUALITAS PELAYANAN E-GOVERNANCE KIOS SIAPKERJA DI BALAI BESAR PELATIHAN VOKASI DAN PRODUKTIVITAS SERANG
Advances in information technology have driven digital transformation, particularly in public services, including the employment sector. The Indonesian Ministry of Manpower has designed SIAPkerja as a digital ecosystem that integrates employment services at the Technical Implementation Unit of the Serang Productivity Vocational Training Center. However, the implementation of digital services still faces obstacles, particularly in terms of public digital literacy. The SIAPkerja kiosk serves as a service facility to facilitate digital access. This study aims to evaluate the quality of the SIAPkerja kiosk service and identify the factors that support and hinder digital services through the SIAPkerja application.This study uses a qualitative descriptive approach based on the Service Quality model developed by Parasuraman, Zeithaml, and Berry 1990. This model includes five dimensions of service quality assessment, namely Tangibles (physical evidence), Reliability (dependability), Responsiveness (responsiveness), Assurance (assurance), and Empathy (empathy). Data collection techniques involved in-depth interviews with management, service officers, prospective participants, and training alumni. The findings show that, in general, the quality of SIAPkerja Kios service is good in terms of physical facilities and assistance from officers. Supporting factors include responsiveness, completeness of facilities, and dissemination of information on social media. Meanwhile, the inhibiting factors include the low level of digital literacy among users and the lack of accessible self-guided media. Therefore, continuous digital education and strengthening the role of Kios as a digital literacy center are needed so that the community can access E-Governance services independently and sustainably.
Copyright (c) 2025 Wulan Martalia, Gatot Hartoko, Eli Apud Saepudin https://creativecommons.org/licenses/by-nc-sa/4.0
THE ROLE OF GOOD FAITH IN COMMERCIAL TRANSACTIONS: A NORMATIVE ANALYSIS OF ITS INTERPRETATION AND ENFORCEMENT IN INDONESIAN BUSINESS LAW
This study analyzes the role of good faith (itikad baik) in commercial transactions within the framework of Indonesian business law using a normative juridical approach. Good faith, as a fundamental principle of contract law, is recognized in the Indonesian Civil Code (KUHPerdata), particularly Articles 1338 and 1339, which emphasize that contracts must be executed in good faith and in line with propriety. Despite its doctrinal importance, the interpretation and enforcement of good faith in Indonesia remain inconsistent. Judicial practice shows variations between a subjective approach—focusing on honesty of intention—and an objective approach—emphasizing fairness, reasonableness, and protection of counterpart interests. This inconsistency creates legal uncertainty and weakens business confidence. Comparative analysis with German, Dutch, and international frameworks such as the UNIDROIT Principles and CISG highlights the importance of codifying and applying good faith uniformly to promote fairness and predictability. The findings recommend clearer legislative guidelines, the adoption of objective standards, judicial consistency, and alignment with international practices to strengthen contractual stability and Indonesia’s competitiveness in global trade.
Copyright (c) 2025 Septiana Na'afi, Irman Putra https://creativecommons.org/licenses/by-nc-sa/4.0
PERLINDUNGAN HUKUM BAGI REMAJA YANG MENJADI KORBAN SEXTORTION (SEKTORSI)
The incidence of sextortion as a form of digital sexual violence is increasing in line with the development of information technology and the use of social media by teenagers. The characteristics of sextortion, which combines extortion with sexual exploitation, make it a crime with serious psychological, social and legal implications. However, the Indonesian criminal justice system does not yet have specific regulations governing this act, so law enforcement officials often charge perpetrators under general provisions in the Criminal Code, the Electronic Information and Transactions Law, the Pornography Law, and the Law on the Eradication of Sexual Violence. This normative gap raises the main research question: to what extent are existing regulations able to provide effective legal protection for adolescent victims of sextortion? This study aims to analyse the applicable legal framework, identify normative weaknesses in the handling of sextortion, and assess the extent to which victims' rights are accommodated in national regulations. The research method used is a normative approach with a doctrinal legal research type. Legal materials were collected through a literature study covering legislation, academic literature, and scientific articles, then analysed qualitatively and descriptively with reference to legal protection theory and the principle of justice. The results of the study show that although there are a number of legal instruments that can be used, there is no single regulation that specifically regulates sextortion. The legal protection provided through the TPKS Law and the Witness and Victim Protection Law has granted important rights, such as restitution, compensation, and the right to be forgotten, but its implementation still faces normative and technical obstacles. This study contributes by emphasising the urgency of establishing specific regulations on sextortion to fill the legal void, strengthen victim protection, and expand preventive digital literacy. In conclusion, legal protection for victims of sextortion in Indonesia is still not optimal and requires more responsive criminal law reform. Further research is recommended to explore the effectiveness of implementing victims' digital rights and psychosocial recovery mechanisms in the context of technology-based sexual violence.
Copyright (c) 2025 Hana Cindar Sukma Riyanti Ningsih, Subekti, Fitri Ayuningtiyas, Wahyu Prawesthi https://creativecommons.org/licenses/by-nc-sa/4.0
DISPARITAS PEMIDANAAN DALAM TINDAK PIDANA ASUSILA TERHADAP ANAK DIBAWAH UMUR: STUDI KASUS PUTUSAN NOMOR 21/PID.SUS/2019/PN PDP DAN 172/PID.SUS/2020/PN SBS
Indonesia, as a state based on law as stipulated in Article 1 paragraph (3) of the 1945 Constitution, is obliged to guarantee the protection of human rights, including the rights of children as a vulnerable group. Child protection is reinforced through Article 28B of the 1945 Constitution and Law No. 35 of 2014 in conjunction with Law No. 17 of 2016, which explicitly prohibit all forms of sexual violence against children. Philosophically, child protection reflects respect for human dignity; juridically, it is a constitutional mandate and statutory obligation; while sociologically, it is necessary to prevent the destruction of future generations caused by sexual violence. The urgency of this research arises from the increasing number of sexual violence cases against children and the presence of sentencing disparities, as reflected in Decision No. 21/Pid.Sus/2019/PN Pdp and Decision No. 172/Pid.Sus/2020/PN Sbs. This study aims to analyze judicial considerations in both decisions and identify their implications for victims, perpetrators, and society. The research applies a normative juridical method with statutory and case approaches, supported by primary and secondary legal materials analyzed descriptively and analytically. The findings show that judges based their rulings on Article 82 paragraph (1) of the Child Protection Law, taking into account trial evidence, psychological impacts on victims, and violated social values. However, disparities emerged: six years’ imprisonment with an IDR 800 million fine in the Pdp case, and seven years’ imprisonment with only an IDR 60 million fine in the Sbs case. Such inconsistencies undermine legal certainty and judicial legitimacy. In conclusion, although sentencing has reflected criminal accountability, a balance between retributive and restorative aspects is lacking. Clear sentencing guidelines and stronger protection and recovery measures for child victims are therefore recommended to realize substantive justice.
Copyright (c) 2025 Putra Chusnul Gustiawan, Bayu Prasetyo, Elviandri https://creativecommons.org/licenses/by-nc-sa/4.0
IMPLEMENTASI PERATURAN DAERAH KABUPATEN TANGERANG NOMOR 7 TAHUN 2019 TENTANG PERLINDUNGAN PEREMPUAN DAN ANAK DALAM TINDAK KEKERASAN
The purpose of this study is to determine the effectiveness of Regional Regulation No. 7 of 2018 concerning the Prevention of Violence against Women and Children. Specifically, the Women's Empowerment and Child Protection Agency (DP3A) of Tangerang Regency is the subject of this study. The ability to report crimes of violence against children and women is an obstacle for many victims of violence. Patriarchal culture, peer pressure, and economic limitations play a role in this. It is based on these concerns that this research was established. This qualitative descriptive study uses recording, participant observation, and interviews to collect its results. Bureaucratic structure, communication, resources, and implementer disposition are four important indicators that form George C. Edward III's policy implementation model, which is the theory applied in this study. This study found that there are still various challenges in the implementation of Regional Regulations, one of which is the lack of infrastructure resources, the lack of public understanding of violence, and the reluctance of victims to report because they still consider reporting violence to be very taboo.
Copyright (c) 2025 Tri Lulu Cahyaningtiyas, Try Adhi Bangsawan, Rizki Amilia https://creativecommons.org/licenses/by-nc-sa/4.0
PEMBANGUNAN BERKELANJUTAN DALAM PEMBENTUKAN HUKUM LINGKUNGAN
Sustainable development is a fundamental principle that guides economic, social, and environmental policies in Indonesia. This study aims to analyze the integration of sustainable development principles within the national environmental law system, particularly in the context of risk-based licensing reforms following the enactment of the Job Creation Law and Government Regulation No. 22 of 2021. This research employs a normative juridical approach, combining statute, conceptual, and case approaches, supported by primary legal materials (laws and court decisions) and secondary sources (academic literature and institutional reports). The analysis was conducted qualitatively through a deductive syllogism method and grammatical, systematic, and teleological interpretation to assess the coherence between legal norms and sustainability principles. The findings indicate that although the principles of precaution, state responsibility, public participation, and polluter pay have been incorporated into Indonesia’s environmental law framework, their implementation remains formalistic and ineffective in mitigating the environmental impacts of development. The risk-based licensing regime enhances administrative efficiency but potentially weakens preventive oversight mechanisms and public transparency. Institutional weaknesses, fragmented central–local authority, and the limited use of economic instruments further constrain legal effectiveness. This study emphasizes the need for legal reform through the strengthening of strategic environmental assessment, integration of digital monitoring systems, and substantive application of the polluter pays principle. The results contribute to the advancement of ecological constitutionalism and sustainable governance frameworks within developing countries, providing practical implications for the reform of environmental legal policies toward a more equitable and sustainable development paradigm.
Copyright (c) 2025 Trifena Julia kambey, Gerrard Wayne Rumayar, Gabriel Imanuel Lumintang, Rafanli Yakob https://creativecommons.org/licenses/by-nc-sa/4.0
PERLINDUNGAN HUKUM GEN-Z KORBAN CYBERBULLYING DI PROBOLINGGO MELALUI RESTORATIVE JUSTICE (Berdasarkan Undang-Undang Perlindungan Anak)
The misuse of cyberbullying against Generation Z (Gen-Z) teenagers is increasing in line with the rapid development of digital technology and social media. The viral case in Probolinggo involving Luluk Nuril shows how insults, public shaming, and verbal abuse in the digital space can have serious psychological effects on victims. The urgency of this research lies in the need to assess the extent to which existing legal instruments are able to provide protection for victims of cyberbullying while offering more humane alternatives through a restorative justice approach. This study seeks to answer two main questions: what form of legal protection is available for Gen-Z teenagers who are victims of cyberbullying within the framework of Indonesian regulations, and how relevant is restorative justice as a model for resolving such cases? The method used is normative legal research with a legislative approach and case studies. Primary legal materials include the Child Protection Law, the Electronic Information and Transaction Law, the Criminal Code, and the Juvenile Criminal Justice System Law. Data was collected through literature studies and analysed using normative and comparative legal methods to test the effectiveness of applicable legal protection. The results of the study show that although legal regulations exist, the implementation of protection for victims is still weak due to normative gaps, low digital literacy, and a lack of understanding among law enforcement officials. These findings confirm the need for more specific regulatory reforms regarding cyberbullying, capacity building for officials, and the application of restorative justice to ensure the best interests of victims. The conclusion of this study is that legal protection for adolescent victims of cyberbullying must be directed towards the integration of preventive, repressive, and restorative approaches. Further research is recommended to explore the implementation of restorative justice in juvenile court practices and educational institutions as an effort to create a safer digital space.
Copyright (c) 2025 Hafifah Laila Linta Alfatih, Dudik Djaja Sidarta, Vallencia Nandya Paramitha, Renda Aranggraeni https://creativecommons.org/licenses/by-nc-sa/4.0
TANGGUNGJAWAB DEVELOPER ATAS KERUGIAN KONSUMEN AKIBAT WANPRESTASI DALAM PERJANJIAN JUAL BELI RUMAH
A sale and purchase agreement is generally a consensual agreement, as it binds the parties upon their agreement on the essential and incidental elements of the agreement. A house sale and purchase agreement will give rise to the rights and obligations of each party and will be set out in a house sale and purchase agreement deed that will bind both parties to the agreement. The parties to the agreement are required to fulfil their respective obligations. If one party is unable or fails to perform its obligations, the other party may claim damages for the breach. The main issues are the developer's liability for consumer losses due to default in the house sale and purchase agreement and the form of legal protection for consumer losses due to developer default in the house sale and purchase agreement. The approach used in this study is a normative legal approach. The normative juridical approach uses legislation, examining all laws and regulations related to the legal issues being addressed. The conceptual approach departs from the views and doctrines that have developed in legal science. The results of the research on developer liability for consumer losses due to breach of contract in house sale and purchase agreements show that the form of legal liability that can be imposed on developers for breach of contract can cover several aspects, namely civil and criminal, depending on the problem or case involving the developer's breach of contract with the consumer. Developers have a responsibility that must be fulfilled.).
Copyright (c) 2025 Jonathan Tejakusuma, Subekti, Nur Handayati, Wahyu Prawesthi https://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS EFEKTIVITAS SIMBG DALAM MENINGKATKAN LAYANAN PERSETUJUAN BANGUNAN GEDUNG DI DPMPTSP KOTA SERANG
The Serang City Government has implemented a digital-based service system through the Building Management Information System (SIMBG) application, which is one of the updates to public facilities for submitting Building Permits (PBG), particularly for residential functions. This study aims to examine the success of SIMBG implementation in PBG permit services and identify obstacles that affect service quality at the Serang City DPMPTSP. This study uses qualitative research methods. Scientific methods to obtain information were carried out through participatory observation, structured interviews, and documentation studies. The theory used is Sondang P. Siagian's theory of effectiveness, which has three benchmarks: timeliness, accuracy, and service delivery style. Data analysis was carried out systematically to determine the suitability between the program objectives and implementation in the field. The results of the study show that SIMBG is quite effective in supporting the digitization process of PBG services, but there are still obstacles such as system instability, lack of public understanding, and limitations in internal human resources. Therefore, it is recommended that the government increase socialization, strengthen the technical capacity of officers, and ensure the stability of the SIMBG system for optimal and inclusive public services.
Copyright (c) 2025 Nurul Ulfah, Try Adhi Bangsawan, Eli Apud Saepudin https://creativecommons.org/licenses/by-nc-sa/4.0
MEKANISME PENYELESAIAN TINDAK PIDANA PENCURIAN HASIL BUMI BERDASARKAN HUKUM MASYARAKAT ADAT OEPERIGI KECAMATAN NOEMUTI KABUPATEN TIMOR TENGAH UTARA
Indonesia is a country rich in cultural diversity. The existence of various tribes, ethnicities, religions, and groups in accordance with the constitution is stated in Article 18b paragraph 2 of the 1945 Constitution. Regarding customary life, one of the villages that often still uses the customary system is Oeperigi Village. Oeperigi Village is one of the villages that has its own customary law to resolve criminal cases that occur. One of the problems often faced by the community, especially in rural areas such as Oeperigi Village is stealing agricultural products. The formulation of the problem in this study is how the mechanism for resolving criminal acts of theft of agricultural products based on customary law in Oeperigi Village, Noemuti District, North Central Timor Regency and the purpose of the problem in this study is to find out the mechanism for resolving criminal acts of theft of agricultural products based on customary law in Oeperigi Village, Noemuti District, North Central Timor Regency. The type of research used in this study is empirical legal research, the approach method used is empirical law, the data sources used in the study are primary data obtained from direct sources using data collection methods in the form of direct interviews at the research location and secondary data through literature studies. The results of this study are the mechanism for resolving criminal acts of theft of agricultural products based on customary law in Oeperigi Village, Noemuti District, North Central Timor Regency and this settlement mechanism consists of several steps, namely a report of the case from the victim to the customary leader verbally, followed by a preparation process consisting of (summoning the parties from the perpetrator, then summoning witnesses), tracing making decisions made by the customary leader which are announced publicly, then continued with the imposition of sanctions in the form of paying fines, and finally implementing peace efforts. In observing and analyzing the method of resolving criminal acts of theft of agricultural products in Oeperigi Village, it appears to use a method of resolving problems peacefully within the local community. The conclusion in the study is the mechanism for resolving criminal acts of theft of agricultural products based on customary law in Oeperigi Village and from the customary settlement mechanism in Oeperigi Village. As well as suggestions that researchers remember is that it is necessary to combine the customary law system with official legal provisions in Village Regulations.
Copyright (c) 2025 Ivena O. Luchiany Bau, Dwityas Witarti Rabawati, Finsensius Samara https://creativecommons.org/licenses/by-nc-sa/4.0
PEMANFAATAN MEDIA SOSIAL SEBAGAI SARANA EDUKASI HUKUM: STUDI KASUS AKUN INSTAGRAM SPRIPIM POLDA JATIM (@spripimpoldajatim)
The level of legal literacy among Indonesians is still relatively low, requiring more effective educational strategies that are closely related to everyday life. In the digital age, social media has become a communication channel that can reach a wide audience quickly, interactively, and participatively. One initiative that has been undertaken is the use of the Instagram account @spripimpoldajatim by the East Java Regional Police as a means of legal education. The urgency of this research lies in the importance of understanding the effectiveness of police social media in increasing public legal awareness. The main questions of this research are how the account is used as an instrument of legal education, what types of content are used, and to what extent it is effective in building public legal literacy. This study uses a descriptive qualitative approach with a combination of sociological and juridical perspectives. Data were collected through observation of the Instagram account content, interviews with account managers and active followers, documentation of uploaded archives, and literature studies. Data validity was strengthened through source triangulation, while data analysis was conducted using inductive, deductive, and comparative methods. The results show that @spripimpoldajatim actively presents legal education content in the form of infographics, short videos, and narratives of actual cases with a humanistic communication style. Visual and narrative strategies have been proven to increase public interaction, as evidenced by the high number of likes, comments, and shares. Content based on current issues and storytelling is the most effective format for attracting audience attention. These findings confirm that police social media can be an instrument of participatory digital legal literacy, although there are still limitations in reaching non-digital communities and risks of misperceptions of information. The conclusion of the study emphasises that the use of social media by the police contributes theoretically to the development of digital legal communication studies and provides practical benefits for legal education strategies in the information age. Further research using a mixed-method approach and comparisons between police accounts is recommended to strengthen the generalisation of the results.
Copyright (c) 2025 Baskara Febriyanu, Siti Marwiyah, Sri Astutik, Subekti https://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS IMPLEMENTASI KEBIJAKAN PELIMPAHAN SEBAGIAN KEWENANGAN BUPATI KEPADA CAMAT DALAM MENINGKATKAN PELAYANAN PUBLIK DI KECAMATAN BALARAJA
The delegation of some of the regent's authority to the sub-district head was carried out to accelerate and facilitate public services to the community. However, in Balaraja Sub-district, problems such as slow service, lack of facilities, and minimal understanding of new tasks among officials were still found. This shows that the implementation of the policy has not been optimal as expected by the community. This study aims to determine how the policy of authority delegation is implemented in Balaraja Subdistrict, as well as the obstacles and impacts on public services. The method used is descriptive qualitative, with data collection techniques through observation, interviews, and documentation. The researcher uses Edward III's theory, which covers communication, resources, implementer attitudes, and bureaucratic structure. The results show that this policy helps bring services closer to the community, but there are still many challenges. Some of the obstacles found include a lack of competent personnel, uneven communication, and suboptimal use of technology. The conclusion of this study is that there is a need to increase employee capacity, utilize digital technology, and supervise services so that the policy of delegating authority can run better and increase public satisfaction.
Copyright (c) 2025 Anugerah Adi Trio, Gatot Hartoko, Eli Apud Saepudin https://creativecommons.org/licenses/by-nc-sa/4.0
LEGAL CERTAINTY AND CONTRACTUAL FREEDOM IN INDONESIAN CIVIL LAW: A NORMATIVE ANALYSIS OF THE PRINCIPLES OF THE CIVIL CODE AND CONTEMPORARY PRACTICE
This paper examines the principles of legal certainty and contractual freedom in Indonesian civil law through a normative juridical analysis of the Civil Code and its application in contemporary practice. Legal certainty ensures predictability and enforceability of agreements, while contractual freedom provides parties with autonomy to establish contractual terms. However, these principles are not absolute and often exist in tension, particularly when contractual autonomy is restricted by statutory provisions, public order, morality, or consumer protection laws. By analyzing statutory frameworks, jurisprudence, and doctrinal perspectives, this study finds that Indonesian civil law seeks to harmonize these principles rather than treat them as opposites. Contemporary challenges, such as standard form contracts, digital transactions, and consumer protection, highlight the need for a balanced approach. The findings demonstrate that Indonesian civil law must uphold both legal certainty and contractual freedom in a way that respects individual autonomy while safeguarding justice, fairness, and social interests.
Copyright (c) 2025 Jaka Santosa https://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS YURIDIS TENTANG GUGATAN TIDAK DAPAT DIEKSEKUSI (NON-EXECUTABLE) DALAM PUTUSAN NOMOR : 23/Pdt.GS/2023/PN Idm
Court decisions in civil cases should provide legal certainty and restoration of rights for the winning party. However, in practice, decisions that cannot be enforced (non-executable) are often found, resulting in substantive justice failing to be realised. This phenomenon raises serious questions about the effectiveness of the judicial system, particularly in the context of dispute resolution through simple lawsuit mechanisms. This study stems from the urgency to examine the problem of unenforceable judgments, focusing on Judgment Number 23/Pdt.GS/2023/PN.Idm, in which, although the breach of contract lawsuit was granted, the verdict was not condemnatory, so enforcement could not be carried out. The main objective of this study is to analyse the legal provisions regarding unenforceable lawsuits and assess the extent to which the decision provides legal protection for the plaintiff. The research questions focus on two things, namely how the law regulates non-executable decisions and whether Decision Number 23/Pdt.GS/2023/PN.Idm has fulfilled the principle of legal protection. The research method used a normative legal approach with a case law approach. The primary legal materials were laws and regulations and court decisions, while the secondary legal materials included legal literature and expert opinions. Data was collected through literature study and analysed qualitatively with an emphasis on legal interpretation and systematic logic. The results of the study show that non-executable decisions are generally caused by weaknesses in declarative decisions, ambiguity in the subject matter of the dispute, or the subject matter being tied to a third party. The Indramayu case confirms the gap between formal legality and substantive justice. The conclusion of the study emphasises the need for clear and operational formulation of verdicts, evaluation of simple lawsuit regulations, and an increased role for judges and advocates in ensuring the effectiveness of legal protection. Further research is recommended to examine similar cases across regions to identify national patterns
Copyright (c) 2025 Mardi Jaya, Wahyu Prawesti, Fitri Ayuningtiyas, Sri Sukmana Damayanti https://creativecommons.org/licenses/by-nc-sa/4.0
Strategi Ekspor Pisang Mas Kabupaten Tanggamus
This article aims to comprehensively examine the export potential of Pisang Mas from Tanggamus Regency to the global market. This research was conducted by identifying production capacity, analyzing the readiness of the supply chain and supporting infrastructure, and evaluating opportunities and challenges in penetrating the international market. The research methodology used is a qualitative approach with a literature study. Data were obtained through export-import statistical reports, scientific journals, and data from international trade bodies such as the ITC and FAO. A value chain analysis was conducted to map the stages of production to effective and efficient distribution. The results show that Pisang Mas Tanggamus has a competitive advantage in terms of taste and visual appearance that are in demand by international consumers but faces challenges such as limited logistics infrastructure, unmet quality standards and international certification, low export literacy among farmers and dependence on the domestic market. The conclusion of this study states that the development of Pisang Mas exports from Tanggamus Regency has great potential and is feasible with strengthening the production system, improving quality, and active involvement of stakeholders. This effort is expected to provide a significant economic impact for local farmers, strengthen Indonesia's position in the global horticultural market and contribute to increasing the country's foreign exchange.
Copyright (c) 2025 Roby Rakhmadi, Luerdi, Arie Fitria https://creativecommons.org/licenses/by-nc-sa/4.0
PERAN DINAS PARIWISATA DAN KEBUDAYAAN (DISPARBUD) DALAM PENINGKATAN PAD KABUPATEN PANDEGLANG (STUDI PADA OBYEK WISATA PANTAI CISIIH/PARTA BEACH KECAMATAN CIMANGGU KABUPATEN PANDEGLANG)
This study aims to examine the role of the Department of Tourism and Culture (Disparbud) of Pandeglang Regency in increasing local revenue (PAD) through the management of the tourism object at Cisiih Beach (Parta Beach) in Cimanggu District. This research employs a descriptive qualitative approach, with data collected through interviews, observation, and documentation. The study adopts the tourism management theory proposed by Andi Mappi Sammeng (2000), which includes three main aspects: development, institutionalization, and regulation. The findings reveal that the role of Disparbud in managing Cisiih Beach has not been optimal. Several obstacles were identified, including the lack of infrastructure, limited digital promotion, and low community involvement. Nevertheless, the tourism office has made several efforts such as internal promotions, coordination with local businesses, and environmental education for local residents. It is recommended that stronger synergy between the local government, community, and private sector be established. Additionally, the formulation of technical regulations and structured community empowerment programs are needed to ensure sustainable tourism management and contribute to the growth of local revenue in Pandeglang Regency.
Copyright (c) 2025 Mochamad Yordan Sofian, Ita Rosita Wahyiah, Suherman Arifin, Endayani, Malik Fatoni https://creativecommons.org/licenses/by-nc-sa/4.0
PERAN BADAN KEHORMATAN DALAM MENJAGA KEDISIPLINAN KEHADIRAN ANGGOTA DPRD KOTA SERANG (STUDI TENTANG MEKANISME ETIK DAN KEPATUHAN PADA RAPAT PARIPURNA)
This study aims to understand the role of the Honorary Council (BK) of the Regional House of Representatives (DPRD) of Serang City in maintaining the disciplinary attendance of council members, particularly in the context of plenary meetings. The background of this research stems from the significance of attendance as part of the accountability and integrity of legislative institutions. This research employs a descriptive qualitative approach with a case study method, focusing on ethical mechanisms, institutional role dynamics, and the challenges faced by the Badan Kehormatan in carrying out its duties. Data were obtained through in-depth interviews with members of the Badan Kehormatan, DPRD members, and secretariat staff, as well as official documents related to the code of conduct and internal regulations. The findings reveal that the role of the Badan Kehormatan emphasizes moral, educational, and interpersonal approaches rather than formal-procedural enforcement. The ethical mechanisms applied are informal and adaptive but are not yet supported by a strong institutional framework. Major challenges include weak sanction regulations, the political positioning of Badan Kehormatan members, and the absence of a strong ethical culture within the DPRD. This study concludes that ethical enforcement requires the strengthening of values, institutional structures, and consistent political role models. Based on the research findings, the researchers recommend several measures, including strengthening ethical mechanisms through written SOPs, enhancing institutional capacity and ethical education at the Serang City DPRD Ethics Council, and reforming attendance regulations and institutional transparency of DPRD ethical performance. Furthermore, suggestions for future research include expanding the study context, using a qualitative-narrative or phenomenological approach, and utilizing participatory instruments such as focus group discussions (FGD) or participant observation.
Copyright (c) 2025 Amelinda Kusbandiah Wahyudi, Mohamad Ikrom Arasid, Luis Fiska Rahayu, Wahyu Widodo, Suherman Arifin https://creativecommons.org/licenses/by-nc-sa/4.0
TRANSFORMASI DIGITAL DALAM APLIKASI SERANG BAHAGIA: UPAYA PENINGKATAN PELAYANAN PUBLIK DI UPT DUKCAPIL KECAMATAN KRAGILAN KABUPATEN SERANG
This study aims to analyze the implementation of digital transformation through the Serang Bahagia Application as a public service innovation at the Population and Civil Registration Technical Implementation Unit (UPT Dukcapil) in Kragilan District, Serang Regency. The background of this study is based on the community's need for fast, efficient, and transparent public services in the digital era. The research method uses a qualitative approach with data collection techniques in the form of interviews, observations, and documentation. The research analysis refers to Indrajit's (2006) theory, which emphasizes three indicators of successful digitization, namely support, capacity, and value. The results of the study show that the Serang Bahagia application has provided easy access to population services, increased the efficiency of administrative processes, and strengthened the transparency of public services. However, challenges are still encountered in the form of limited digital literacy among the elderly, uneven network infrastructure in remote areas, and a lack of intensive socialization. Nevertheless, the use of this application has had a positive impact on improving the quality of public services in Kragilan District. This study confirms that the digitization of public services through the Serang Bahagia application has great potential to improve service quality, but it needs to be optimized through improving human resource competencies, strengthening digital infrastructure, and broader socialization.
Copyright (c) 2025 Rani Mardiana, Try Adhi Bangsawan, Rizki Amilia https://creativecommons.org/licenses/by-nc-sa/4.0
DAMPAK HUKUM KETENAGAKERJAAN PASCA OMNIBUS LAW DILANJUT PASCA PUTUSAN MK NO. 168/PUU-XXI/2023 TERHADAP PEKERJA
Labor laws play an important role in ensuring legal certainty and a balance of rights and obligations between workers and employers. However, the enactment of the Job Creation Law (Omnibus Law) has sparked controversy because it is considered to accommodate the interests of employers and investors more than those of workers. This study examines the impact of the Job Creation Law and Constitutional Court Decision No. 168/PUU-XXI/2023 on the conditions of workers and industrial relations in Indonesia. Using a normative legal research method, this paper highlights changes in aspects of worker protection, including termination of employment, wages, severance pay, outsourcing, and apprenticeships. On the other hand, the role of labor unions as a means of fighting for workers' rights faces strategic challenges that encourage their involvement in the political arena. The results of the analysis show that the implementation of the Omnibus Law has created legal uncertainty and weakened the bargaining position of workers. Therefore, more equitable and inclusive labor regulations are needed, which are not drafted using the omnibus method. In conclusion, ideal labor laws must be able to create harmonious and equitable industrial relations for the welfare of workers, business sustainability, and social stability.
Copyright (c) 2025 Wiwik Aswanti, Hari Damono, Sarino, Mohamat Indrayana, Heru Purdiyanto, Noto Antoko https://creativecommons.org/licenses/by-nc-sa/4.0
EVALUASI KEBIJAKAN PROGRAM REHABILITASI SOSIAL PENANGANAN GELANDANGAN DAN PENGEMIS PADA DINAS SOSIAL KOTA SERANG
The issue of homelessness and begging continues to pose a significant social challenge, including in Serang City. To address this, the Serang City Social Affairs Office has implemented a Social Rehabilitation Program aimed at restoring the social functions of homeless individuals and beggars. This study evaluates the policy using William N. Dunn’s policy evaluation model, which includes six dimensions: effectiveness, efficiency, adequacy, equity, responsiveness, and appropriateness. A descriptive qualitative approach was employed, with data gathered through in-depth interviews, observations, and documentation involving social office staff, field officers, and program beneficiaries. The findings reveal that while the program has been relatively successful in reducing the recurrence of street begging, several obstacles remain, including limited budget allocation, lack of facilities, insufficient outreach, and a shortage of support staff. In conclusion, although the program demonstrates positive outcomes, improvements in supporting aspects are essential to ensure that the objectives of social rehabilitation are achieved more effectively and sustainably.
Copyright (c) 2025 Gibran Brilian Salman,Try Adhi Bangsawan, Eli Apud Saepudin https://creativecommons.org/licenses/by-nc-sa/4.0
UPAYA PENANGANAN SENGKETA KEPEMILIKAN SERTIFIKAT GANDA OLEH BPN DI KABUPATEN GRESIK
Duplicate land certificates pose a significant challenge to Indonesia’s agrarian system, as they generate legal uncertainty and undermine land ownership rights. This issue reflects weaknesses in land administration and the lack of data integration within the National Land Agency (BPN). This study investigates the dispute resolution mechanisms applied by the Gresik Regency Land Office and evaluates the legal protection afforded to legitimate certificate holders. Employing an empirical legal method with a descriptive-qualitative approach, data were collected through interviews, observations, and documentation. The findings reveal that although BPN Gresik implements administrative procedures in line with Government Regulation No. 24 of 1997 on Land Registration, shortcomings persist, particularly in the verification process and information system integration. Moreover, legal protection for holders of original certificates remains suboptimal due to limited restitution mechanisms and inconsistent regulatory enforcement. The study highlights the urgency of digital-based land administration reform, along with the need for greater transparency, accountability, and the development of fair and efficient non-litigation dispute resolution mechanisms
Copyright (c) 2025 Rizky Awaludin Bagus Sucipto, Wahyu Prawesti https://creativecommons.org/licenses/by-nc-sa/4.0
KEBEBASAN BEREKSPRESI TERHADAP PENERAPAN PASAL 27A JO. PASAL 45 UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 1 TAHUN 2024 TENTANG PERUBAHAN KEDUA ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK PASCA PUTUSAN MAHKAMAH KONSTITUSI
The level of digital technology development has changed the pattern of communication in society and opened up a wide space for expression in the public sphere. However, the freedom of expression guaranteed by the 1945 Constitution of the Republic of Indonesia often conflicts with the application of Article 27A in conjunction with Article 45 of Law Number 1 of 2024 concerning Electronic Information and Transactions (ITE Law). This provision is considered to be open to multiple interpretations, potentially leading to criminalisation and causing a negative deterrent effect that reduces public participation in democracy. This study aims to answer the main question: how does the application of this article affect the protection of freedom of expression in Indonesia, and to what extent is it consistent with the principles of legality, proportionality, and human rights standards? The research method uses a normative legal approach with a qualitative design. Data was collected through a literature study of legislation, legal doctrine, court decisions, and academic literature. The analysis was conducted deductively and comparatively to assess the conformity of legal norms with enforcement practices and international standards such as the ICCPR. The results of the study show that the application of Article 27A in conjunction with Article 45 of the ITE Law still causes legal uncertainty and is often used as a repressive instrument. The cases of Jerinx SID, Baiq Nuril, and Muhammad Kace illustrate how this article is used inconsistently, sometimes ignoring the principles of legality and proportionality. These findings confirm that there is a serious gap between the constitutional protection of freedom of expression and law enforcement practices. The conclusion of this study emphasises the need for restrictive interpretation and reformulation of the articles of the ITE Law to be more in line with the principles of a democratic state based on the rule of law. Theoretically, this study enriches the discourse on digital criminal law, while in practical terms, it provides recommendations for policymakers and law enforcement officials to prioritise substantive justice and a restorative justice approach. Further research is needed to explore the empirical practices of officials in implementing Constitutional Court decisions, as well as comparisons with other countries in regulating freedom of expression in the digital space.conflicts.
Copyright (c) 2025 Ilham Bayu Aldian Febrananda, Sri Astutik, Subekti, Siti Marwiyah https://creativecommons.org/licenses/by-nc-sa/4.0
PERMASALAHAN UPAH MINIMUM TENTANG HIDUP LAYAK, DAYA BELI, DAN DISPARITAS UPAH
Minimum Wage is the lowest monthly wage consisting of wages without allowances or basic wages and fixed allowances. The Central Government has established a wage policy as one of the efforts to realize the right of Workers/Laborers to a decent livelihood for humanity. Adjustments to the value of the Minimum Wage, both the Provincial and Regency/City Minimum Wage, are carried out every year using a calculation formula by considering and ensuring that purchasing power is not reduced. However, the comparison of the Provincial Minimum Wage and the Regency/City Minimum Wage creates a significant minimum wage disparity and creates unfair competition. Therefore, the author is interested in conducting research on "Minimum Wage Problems Regarding Decent Living, Purchasing Power, and Wage Disparity" with the aim of analyzing the problem of determining the minimum wage based on the provisions of the applicable Laws and Regulations on Minimum Wages and to solve the problem of the Minimum Wage regarding Decent Living, Purchasing Power, and Wage Disparity based on Law Number 6 of 2023 concerning Job Creation that has been amending several provisions in Law Number 13 of 2003 concerning Manpower and the Constitutional Court Decision Number 168/PUU-XXI/2023 in the case of Material Testing of Law Number 6 of 2023 concerning Job Creation. The research method used in this study is normative juridical. The results of the study show that the Determination of the Minimum Wage based on the Need for a Decent Life by taking into account productivity and economic growth in accordance with Law Number 13 of 2003 concerning Manpower, only determines the Components, Types, and Quality of Decent Living Needs, but does not establish the Specification of Decent Living Needs which causes differences in each region, does not provide instructions and explanations of productivity and economic growth, causes a minimum wage disparity. The Formula for Determining the Minimum Wage based on Inflation, Economic Growth, and Certain Indices in accordance with the Constitutional Court Decision Number 168/PUU-XXI/2023 in the case of Testing Law Number 6 of 2023 concerning Job Creation can solve the problem of the Minimum Wage regarding Decent Living, Purchasing Power, and Wage Disparity by considering the Variables of Inflation and Economic Growth in the formula for determining the Minimum Wage will ensure that the Purchasing Power of the minimum wage will not be decreased, the Certain Index is a variable of Decent Living Needs which includes food and beverages, clothing, housing, education, health, recreation, and old-age guarantees to realize Decent Living, and Standardization of Guidelines for Components, Types, Specifications, and Quality of Decent Living Needs to ensure that the calculation method of each region is the same that can solve the Wage Disparity.
Copyright (c) 2025 Mujito, Slamet Abadi https://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS PENERAPAN PRINSIP GOOD GOVERNANCE DALAM PENGENDALIAN ADMINISTRASI DI SEKRETARIAT DAERAH KOTA SERANG
This study aims to examine how good governance values are applied in administrative control at the Serang City Regional Secretariat. The focus of the research includes the impact of implementation on efficiency and accountability, as well as supporting and inhibiting factors. Qualitative descriptive studies using interviews, observation, and documentation were used to collect data in this study. Mardiasmo's (2009) theory is used as the analytical framework, which emphasizes three main indicators of good governance: transparency, accountability, and efficiency and effectiveness. The results of this study also show that the principle of transparency has begun to be implemented through administrative information disclosure, although public access is still limited. Accountability has been realized in performance reporting, but it is not yet fully optimal due to incomplete and untimely reporting. Efficiency and effectiveness are hampered by limitations in human resources, budget, and information technology. The main supporting factors are leadership commitment and the availability of regulations, while obstacles include a work culture that is not yet accountable and weak internal supervision. This study recommends strengthening human resource capacity, digitizing administration, and improving an accountable work culture to realize a more orderly and transparent system of government.
Copyright (c) 2025 Yunita, Try Adhi Bangsawan, Eli Apud Saepudin https://creativecommons.org/licenses/by-nc-sa/4.0
HAK MASYARAKAT UNTUK MEMPEROLEH KEPASTIAN HUKUM TERKAIT PENCEMARAN LINGKUNGAN
This study aims to analyze the legal certainty of citizens’ rights concerning environmental pollution in Indonesia within the framework of national law and its enforcement practices. The research is motivated by the increasing number of pollution cases and the limited effectiveness of legal protection for affected communities, despite Indonesia’s environmental law framework having adopted the polluter pays, precautionary, and strict liability principles. The study employs a normative juridical method using statutory, case, and conceptual approaches. Primary legal materials include the 1945 Constitution, Law No. 32 of 2009, Government Regulation No. 22 of 2021, and Supreme Court Regulation No. 1 of 2023, all analyzed qualitatively and descriptively through systematic and teleological interpretation. The findings indicate that environmental law enforcement in Indonesia remains dominated by administrative actions (61%), while civil and criminal avenues show low effectiveness due to weak scientific evidence, poor interagency coordination, and limited investigative capacity. The implementation of risk-based licensing and alternative dispute resolution mechanisms, such as online dispute resolution, represents a positive innovation; however, their application remains uneven across sectors and regions. The lack of public participation and transparency in environmental data exacerbates legal uncertainty and weakens both governmental and corporate accountability. This study highlights the need to integrate national legal norms, international principles, and digital technology to strengthen the effectiveness of environmental law enforcement. The findings imply the importance of institutional reform, improved access to justice, and the acceleration of legal modernization toward an equitable and sustainable environmental governance system.
Copyright (c) 2025 Yoan B. Runtunuwu, Yunarti M. Lasube, Alya Rahel Manangkot, Debora Stevani Kaawoan, Chessy Avril Manganang https://creativecommons.org/licenses/by-nc-sa/4.0
PENYELESAIAN SENGKETA MEREK “MARLIN” ANTARA ASTRA HONDA MOTOR (AHM) DAN TREK BICYCLE CORPORATION (STUDI KASUS PUTUSAN KASASI NO. 396 K/PDT.SUS/HKI/MEREK/2024)
Cross-border trademark disputes are becoming increasingly complex with the rise of trade globalisation and the harmonisation of international legal standards. One notable case is the ‘Marlin’ trademark dispute between Astra Honda Motor (AHM) and Trek Bicycle Corporation, which was decided by the Supreme Court in Case No. 396 K/Pdt.Sus/HKI/Merek/2024. This dispute reflects legal issues regarding trademark registration based on the first-to-file principle, which conflicts with the principle of actual use (use requirement). This research is important to evaluate the implementation of Law No. 20 of 2016 concerning Trademarks and Geographical Indications, as well as to analyse the ratio decidendi of the judges in deciding the case. The main questions raised are how the trademark law provisions were applied in this case and how the judges' considerations formed a precedent in trademark legal protection. The research method used was normative juridical with a case approach. Data were obtained through a literature study of laws and regulations, court decisions, doctrines, and related scientific literature. The analysis was conducted descriptively and analytically by linking the applicable legal norms with the legal facts from the court decisions. The results of the study show that the Commercial Court rejected Trek Bicycle Corporation's lawsuit on formal grounds, while the Supreme Court accepted the lawsuit based on Article 74 of Law No. 20 of 2016, which stipulates that trademarks that have not been used for three consecutive years can be revoked. This decision affirms the principle of actual use as a condition for legal protection of trademarks while strengthening the position of the aggrieved party. The conclusion of this study states that the ratio decidendi of the judges in the ‘Marlin’ case contributed significantly to the development of the doctrine of trademark protection in Indonesia. The implications not only strengthen legal certainty but also encourage healthy business competition and harmonisation with international legal standards. Further research is recommended to explore the effectiveness of trademark cancellation in the context of comparative law across various jurisdictions.
Copyright (c) 2025 Awik Tamaroh, Syahrul Borman, Muhammad Yustino Aribawa, Vieta Imelda Cornelis https://creativecommons.org/licenses/by-nc-sa/4.0
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN ORANG LAIN MENINGGAL DUNIA BERDASARKAN PUTUSAN NOMOR 73/PID.SUD/2025/PN SBY
A traffic accident is an unintentional accident on the road involving vehicles with or without other road users, resulting in human casualties and/or property damage. Human casualties include vehicle drivers, vehicle passengers, and/or other road users. Traffic accidents are classified into three categories: minor traffic accidents that only result in damage to vehicles/property, moderate traffic accidents that result in minor injuries and damage to vehicles/property, and finally, serious traffic accidents that result in fatalities or serious injuries. The main issue is: What is the criminal liability of the perpetrator of a traffic accident that causes the death of another person based on Case No. 73/Pid. Sus/2025/PN Sby and what are the judges' considerations in their decision on traffic accidents that result in the death of others based on Case Number 73/Pid.Sus/2025/PN Sby?. The approach used in this study is a normative juridical approach. The normative juridical approach uses legislation, examining all laws and regulations related to the legal issues being addressed. The conceptual approach departs from the views and doctrines that have developed in legal science. Research Results As a result of the defendant's negligence, the victim, Iqbaldi Radhiyallah, died. Therefore, in case number 73/Pid.Sus/2025/PN Sby, the criminal offence of driving a motor vehicle whose negligence caused a traffic accident resulting in the death of another person, the judge convicted the defendant under Article 310 paragraph (4) of Law Number 22 of 2009 concerning Road Traffic and Transportation and sentenced the defendant SI to 2 (two) years and 2 (two) months imprisonment and a fine of Rp. 6,000,000 (six million rupiah).
Copyright (c) 2025 Dedi Dwi Laksono, Subekti, Nur Handayati, Wahyu Prawesthi https://creativecommons.org/licenses/by-nc-sa/4.0
IMPLEMENTASI KEBIJAKAN PERATURAN DAERAH KOTA SERANG NOMOR 2 TAHUN 2010 DALAM MENANGANI PENGEMIS DI KOTA SERANG
The phenomenon of increasing the number of beggars in the public space of Serang City reflects the weak effectiveness of the implementation of Serang City Regional Regulation Number 2 of 2010 concerning the Prevention, Eradication, and Control of Community Diseases. This study aims to describe the implementation of the policy and identify the obstacles faced by the Regional Government in its implementation. This research uses a descriptive qualitative method. The data collection technique was carried out through observation, interviews and documentation of informants from the Social Service, Satpol PP, beggars and the people of Serang City. The results of the study show that policy implementation is still not optimal, characterized by weak coordination between agencies, lack of human resources and budget, low intensity of socialization to the community, and low public awareness in complying with regulations. In addition, social rehabilitation programs for beggars have not been effective and tend to be charitative, so they have not touched the root of the problem. This study recommends the need to improve cross-sector coordination, optimize socialization, a sustainable empowerment approach, and firm and measurable law enforcement. These findings are expected to be evaluation material for local governments in formulating a more humane, sustainable, and participatory strategy for handling beggars
Copyright (c) 2025 Rama Handito, Gatot Hartoko, Eli Apud Saepudin https://creativecommons.org/licenses/by-nc-sa/4.0
THE SHADOW IN THE LIBRARY: FAIR DEALING, DIGITAL ENTICEMENT, AND THE BLURRING LINE BETWEEN INFRINGEMENT AND PLAGIARISM IN NIGERIA
The advent of the digital era and information age has opened a floodgate for access to information for research purposes and private study. This phenomenon has also increased the rate at which researchers are able to copy other author’s works and abuse the privilege of the fair dealing doctrine provided in section 20(1) of the Nigerian Copyright Act (NCA) 2022. Using the doctrinal approach, this paper examined how the abuses of the fair dealing doctrine has resulted in the twin vices of copyright infringement and plagiarism. The paper examined the differences between copyright infringement and plagiarism, and whether they coalesce under the NCA 2022. It was found that by requiring ‘acknowledgement’ or attribution of copyrighted works for the application of the fair dealing doctrine under section 20(1) of the NCA 2022, the new Act has effectively merged both copyright infringement and plagiarism under our law, especially in view of the enforceability of moral rights under section 14 of the Act.
Copyright (c) 2025 Michael E. Eigbemekhe, Mathew E. Nwocha, Emmanuel I. Amah https://creativecommons.org/licenses/by-nc-sa/4.0
PERLINDUNGAN HUKUM BAGI PT. DIGITAL COMMERCE INDONESIA (KONSUMEN ANTARA) ATAS WANPRESTASI PENGIRIMAN BARANG OLEH PT. ANDIARTA MUZIZAT
The development of digital commerce in Indonesia has made freight forwarding services a strategic sector in supporting the smooth distribution of products. However, delivery defaults often cause significant losses, not only for end consumers but also for intermediate consumers who act as intermediaries in the distribution chain. This study stems from the urgency of legal protection for intermediate consumers, which is still rarely discussed in consumer protection law studies. The main questions asked are how logistics service providers are legally responsible for delivery defaults and what form of legal protection is available for intermediate consumers within the framework of applicable regulations. This study uses a normative legal method with a legislative approach, a conceptual approach, and a case approach. The primary legal materials are laws and regulations such as the Civil Code, UUPK, and ITE Law, as well as South Jakarta District Court Decision Number 151/Pdt.G/2020/PN.Jak.Sel. Secondary legal materials are literature and academic publications, while tertiary legal materials are legal dictionaries and encyclopaedias. The analysis was conducted qualitatively by examining legal norms and their relevance to specific cases. The results of the study show that PT. Andiarta Muzizat was proven to have committed a breach of contract by not fulfilling its obligation to deliver goods based on COD, which resulted in material losses of Rp13.3 billion and immaterial losses in the form of a decline in the reputation of PT. Digital Commerce Indonesia. The court's decision affirmed the obligation of business actors to compensate for losses based on Article 1243 of the Civil Code and the principle of pacta sunt servanda. These findings demonstrate the need to strengthen legal protection for vulnerable consumers. The conclusion of the study emphasises that consumer protection must include consumers through the strengthening of regulations, supervision, and effective dispute resolution mechanisms. Further studies are recommended to explore the effectiveness of non-litigation settlements through the BPSK and the integration of electronic contracts in digital consumer protection.
Copyright (c) 2025 Mariana Astika, Subekti, Fitri Ayuningtiyas, Wahyu Prawesthi https://creativecommons.org/licenses/by-nc-sa/4.0
EFEKTIVITAS STRATEGI PELATIHAN CALON TENAGA KERJA DI BALAI BESAR PELATIHAN VOKASI DAN PRODUKTIVITAS (BBPVP) SERANG
The purpose of this research is to assess the training strategy implemented by BBPVP Serang to maximize the training of prospective workers so that participants are fully prepared for industrial absorption. Training strategies also play a crucial role in reducing unemployment in Indonesia, particularly in Banten. This study employed qualitative methods, using techniques for data collection including observation, interviews, and documentation studies. This research utilized Sutrisno's (2010) Theory of Effectiveness, which has five indicators for assessing program effectiveness: program understanding, targeting accuracy, timeliness, goal achievement, and tangible change. The results indicate that the training program organized by BBPVP Serang is not fully effective, as evidenced by the suboptimal workforce absorption. The lack of industry involvement in developing the training strategy leads to low workforce absorption. Limited training hours also make the training less than optimal. However, there are also supporting factors that contribute to the strategy's effectiveness in workforce distribution, such as industry involvement, such as instructor involvement, training duration, and an industry-focused curriculum. This research also emphasizes how the strategy can have a more effective impact on training participants so that after the training is held, the participants can be channeled well.
Copyright (c) 2025 Ila Nursapial, Gatot Hatroko, Dede Qodrat Al Wajir https://creativecommons.org/licenses/by-nc-sa/4.0
KAJIAN YURIDIS TENTANG DAMPAK PENGARUH IKLAN TERHADAP KONSUMEN
The research, entitled "A Legal Study of the Impact of Advertising on Consumers," is motivated by the author's experience purchasing substandard cosmetics due to the influence of advertising on electronic media (television broadcasts) and recent consumer complaints about inaccurate information conveyed in print media advertisements. The purpose of this study is to determine civil liability for consumer losses due to the influence of advertising. This is an empirical study that emphasizes field data; however, it begins with a review of secondary data obtained from the literature. The results reveal that the legal framework for print and electronic media advertising, as stipulated in Article 17 of Law No. 8 of 1999 and the Indonesian Advertising Code of Ethics, is ineffective in protecting consumers from the influence of advertising that uses excessively subjective opinions without supporting facts and is unprofessional. Therefore, it is necessary to immediately establish a Non-Governmental Consumer Protection Agency (NPPA) that can advocate for consumer interests. Government oversight of print and electronic media advertising is needed to ensure business actors are compliant and create a conducive business climate.
Copyright (c) 2025 Berd Elkiopas Pelupessy, Sella Petrix Pelupessy https://creativecommons.org/licenses/by-nc-sa/4.0
TINDAK PIDANA PEMELIHARAAN SATWA INVASIF TANPA IZIN PADA KASUS IKAN ALIGATOR (Studi Putusan Pengadilan Negeri Malang Nomor 286/Pip.sus/2024/PN.Mlg)
The phenomenon of keeping invasive species, particularly alligator gar (Atractosteus spatula), has become a serious issue in the protection of Indonesia's aquatic ecosystems. The presence of this predatory species not only threatens local biodiversity but also poses ecological risks that are difficult to reverse if released into their natural habitat. The urgency of this research lies in the weak implementation of regulations despite the clear prohibition on keeping these species as pets, as stipulated in Ministry of Marine Affairs and Fisheries Regulation No. 19 of 2020. This study aims to examine how the court interprets the elements of the criminal act of keeping invasive species through a case study of Malang District Court Decision No. 286/Pid.Sus/2024/PN.Mlg, as well as to answer the question of the extent to which the decision reflects the principle of ecological justice. The method used is normative legal research with a conceptual and case approach. Data was collected through a review of court decisions, laws and regulations, and related scientific literature. The analysis was conducted prescriptively to examine the fulfilment of the elements of the offence, the judges' considerations, and the implications of the decision for ecosystem protection. The results of the study show that the panel of judges found all elements of the crime to be proven, including the defendant's intent to keep alligator fish without official permission. The judges applied the principle of strict liability and the principle of precaution, but the sanctions imposed were relatively light compared to the threats in the law. The discussion shows that there is a gap between normative threats and sentencing practices, so that the deterrent effect has not been achieved. These findings also confirm that the anthropocentric paradigm is still dominant in Indonesian environmental law, while ecocentric values have not been fully adopted. The conclusion of this study emphasises the need for legal paradigm reform towards ecological justice, increased consistency in sentencing, and preventive strategies based on education and online trade monitoring. Further research is recommended to explore the consistency of similar verdicts in various regions and to quantify ecological losses
Copyright (c) 2025 Moza Aprilya Dwi Azizah, Wahyu Prawesthi, Sri Sukmana Damayanti, Subekti https://creativecommons.org/licenses/by-nc-sa/4.0
TINJAUAN PENGENDALIAN HAMA TIKUS PADA TANAMAN PADI MA’HAD AL-ZAYTUN PERSPEKTIF UNDANG-UNDANG NOMOR 32 TAHUN 2024 DAN MAQASHID SYARIAH
Food is a basic need and a human right essential for national stability. Rice, as the primary source, plays a strategic role in Indonesia's food security. Rice production declined in 2021 due to land degradation, climate change, and pest attacks, particularly the rice field rat, which is the most destructive pest. This study evaluates ecologically based rat pest control in accordance with Law No. 32 of 2024 and the principles of maqashid sharia at Ma'had Al-Zaytun, which implements sustainable agriculture, to provide effective recommendations for increasing rice productivity and preserving the ecosystem. The purpose of this study is to examine rat pest control in rice fields at Ma'had Al-Zaytun from the perspective of Law No. 32 of 2024 and Maqashid Sharia. This research uses a normative legal approach or literature study. The data used include primary sources: Law No. 32 of 2024, the book "Bioecology and Control of Rice Field Rats" by Sudarmaji, the book "Hifdh Al-Bi’ah as part of Maqasid Al-Shari’ah: Yusuf Al-Qardawy’s perspective on the environment in Ri’ayat al-Bi’ah fi Shari’ah al-Islam book" by Ahmad Sarip Saputra, et al., the book "Panorama Maqashid Syariah" by Dr. Sutisna et al., and the book "Al-Zaytun Sumber Inspirasi" by Drs. Ch. Robin Simanullang, as well as Al-Zaytun Magazine, edition 49, 2008, and the book "Mengenal Aneka Komoditas Tanaman Pertanian di Ma'had Al-Zaytun" by Sobirin, S.P., M.Pd., et al., and strengthened by secondary data, namely journals, books, and related articles. Data were collected through finding, organizing, and editing techniques, then analyzed using content analysis methods. To ensure data validity, triangulation, member checking, and expert opinion were used. The results of this study are: (1) Control of rat pests in rice plants at Ma'had Al-Zaytun from the perspective of Article 4 of Law Number 32 of 2024 is through a strategy of conserving biological resources and ecosystems for controlling rat pests. This practice not only reflects institutional ecological awareness, but also demonstrates a model of sustainable agricultural practices that integrate biological conservation principles with the national legal framework. (2) Control of rat pests in rice plants at Ma'had Al-Zaytun from the perspective of Maqashid Syariah is by implementing hifdz al-nafs, namely protecting humans from health risks, and hifdz al-bi'ah, namely preserving the environment through a non-chemical approach. In other words, this practice is a concrete form of actualizing Islamic teachings in a sustainable agricultural system
Copyright (c) 2025 Ali Sodikin, Siti Ngainnur Rohmah, Munawir Sajali https://creativecommons.org/licenses/by-nc-sa/4.0
PARADIGMA BARU HUKUMAN MATI: ANALISIS SUBSTANTIF KUHP DAN KUHP NASIONAL
The death penalty is one of the principal forms of punishment that has long been implemented in the Indonesian criminal justice system. The increasing number of criminal offenses each year in Indonesia is one of the reasons behind the government's initiative to reform the Indonesian Criminal Code (KUHP). One of the key issues in the new KUHP Nasional (National Criminal Code) is the reformulation of death penalty provisions, which allows for the postponement of execution in cases where the convict demonstrates significant behavioral improvement. This study aims to (1) analyze the substantive regulation of the death penalty in the KUHP and the new KUHP Nasional; and (2) compare the normative approaches to the death penalty in both legal frameworks. The research employs a normative legal research method and utilizes primary legal sources in the form of statutory regulations. The findings show that the KUHP treats the death penalty as a principal punishment without providing any alternative mechanisms, while the KUHP Nasional introduces a new, more humanistic paradigm that allows for conditional abolition based on the rehabilitation of the convict’s behavior.
Copyright (c) 2025 Humam Balya https://creativecommons.org/licenses/by-nc-sa/4.0
PERSEPSI DAN KEPATUHAN PEDAGANG KAKI LIMA TERHADAP PERATURAN DAERAH TENTANG KETERTIBAN UMUM DI KOTA BANDUNG
This study is motivated by the issue of street vendors’ (PKL) compliance with the Local Regulation (Perda) on Public Order in Bandung City, which often creates tension between the local government and the community. The research aims to analyze street vendors’ perceptions of the regulation, their compliance levels, and the factors influencing the relationship between the two. A mixed-method approach was applied, combining quantitative data from a 3-point Likert questionnaire distributed to 40 street vendors located in Alun-Alun Bandung, Jalan Pasteur, Cicadas, and Tegalega, with qualitative data obtained from in-depth interviews. The results indicate that the majority of street vendors hold negative perceptions of the regulation, particularly regarding fairness and its impact on their income. Quantitative findings reveal that only 25% of respondents show positive perceptions, while 75% remain negative. Compliance levels are also low: only 30% of respondents adequately follow zoning and cleanliness rules, while most often violate operating hours and stall placement. Qualitative findings further highlight that the manner of enforcement by officers and lack of effective socialization contribute to this low compliance. The study concludes that negative perceptions are directly related to lower compliance with the regulation. Therefore, it is recommended that the local government adopt a more humanistic and participatory approach, enhance regulation socialization, provide alternative business spaces, train enforcement officers in persuasive communication, and involve street vendors in the policy-making process.
Copyright (c) 2025 Putri Indah Caturi, Hendrik Sudria Munawar, Eky Muhammad Mufthi https://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS PENERAPAN PRINSIP GOOD GOVERNANCE DALAM PELAYANAN PUBLIK DI DESA NARIMBANG MULIA KECAMATAN RANGKASBITUNG
The results of the study show that the principles of accountability, openness, and rule of law have been implemented quite well, although there are still weaknesses in terms of transparency, particularly in the use of village websites, which have not been optimally utilized as a means of digital public service. Factors supporting implementation include effective communication, the availability of competent human resources, the honest and democratic attitude of officials, clear SOP-based program mechanisms, and an organizational structure that supports village governance. Meanwhile, the obstacles found include internal barriers such as the lack of understanding of good governance principles among officials and a lack of discipline during working hours, as well as external barriers in the form of low community participation and limited community understanding of technology-based services.
Copyright (c) 2025 Siti Maryanti, Try Adhi Bangsawan, Rizki Amilia https://creativecommons.org/licenses/by-nc-sa/4.0
PERLINDUNGAN HUKUM BAGI BURUH DALAM KASUS PEMUTUSAN HUBUNGAN KERJA YANG TERTUNDA DI PT. ASCOT DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 2 TAHUN 2004 TENTANG PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL
This study discusses the process of termination of employment (PHK) for reasons of retirement at PT Ascot and legal protection for the fulfillment of workers' rights based on the provisions of the applicable labor law in Indonesia. This study uses a normative juridical approach by examining laws and regulations such as Law Number 13 of 2003, Perppu on Job Creation, and Government Regulation Number 35 of 2021. The findings of the study show that the layoff process carried out by PT Ascot does not pay attention to the principle of fairness in compensation, where workers who have reached retirement age receive compensation that is equal to other workers. This is contrary to the positive legal provisions that give greater rewards to workers with long working periods. The study also emphasizes the importance of government oversight and the role of unions in ensuring the rights of retired workers. This study contributes to strengthening the legal protection of elderly workers and encouraging fair labor practices.
Copyright (c) 2025 Aan Tirta Gandana, Agus Hendrayana, Dainsyah, Dian Amalia Dewi Yudha Permana Sidiq, A. Kamil Razak, Yeti Kurniati https://creativecommons.org/licenses/by-nc-sa/4.0
PENGARUH PENGHAPUSAN AMBANG BATAS PENCALONAN PRESIDEN (PRESIDENTIAL THRESHOLD) TERHADAP SISTEM PEMILU STUDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 62/PUU-XXII/2024
This research is motivated by the existence of a provision for the threshold for presidential candidacy in Article 222 of Law Number 7 of 2017 which regulates the minimum requirement of 20% of the House of Representatives seats or 25% of the national valid votes for political parties to nominate the president. This provision is considered to limit the participation of small parties and cause electoral injustice. The Constitutional Court, which previously consistently rejected the testing of Article 222, through Decision Number 62/PUU-XXII/2024 finally canceled the article because it was considered to violate the principle of people's sovereignty and cause intolerable political inequality. This research uses a normative juridical method with a legislative, case, and conceptual approach, as well as analyzing primary and secondary legal materials. The results of the study show that the Constitutional Court can test norms in the realm of open legal policy if it is proven to be contrary to the constitution. Although only as a negative legislator, the Court also provides normative recommendations as a guide for the House of Representatives to draft replacement regulations, such as the elimination of vote-based or seat-based thresholds, as well as involving small parties in the formation of laws. This ruling creates a legal vacuum that must be immediately responded to by lawmakers to maintain legal certainty ahead of the 2029 election. This research emphasizes the importance of consistency in the legal reasoning of the Constitutional Court and the need for public involvement in the formulation of new norms so that electoral democracy in Indonesia is maintained.
Copyright (c) 2025 Krisno Jatmiko, Ferika Nurfransiska, Sutiyani, Vingky Dwi Putra https://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS IMPLEMENTASI PERATURAN DAERAH KOTA SERANG NOMOR 12 TAHUN 2020 TENTANG PENYELENGGARAAN KETENTRAMAN, KETERTIBAN UMUM DAN PERLINDUNGAN MASYARAKAT (Studi Kasus: Pkl Di Jembatan Aria Wangsakara Kota Serang)
Public order and the use of public space are crucial issues in Serang City, especially in the Aria Wangsakara Bridge area. This situation causes aesthetic problems for the city, as well as social unrest, reflecting the ineffective implementation of policies in the field. This study is based on Van Meter and Van Horn's policy implementation theory, which identifies six variables in policy implementation, to assess the extent to which Local Regulation No. 12 of 2020 has been effectively implemented and to identify factors that support or hinder its implementation. This study uses a descriptive qualitative approach. Data collection methods were conducted through interviews, observations, and documentation. Informants involved included the Serang City Satpol PP apparatus, Banjar Agung Village, the Head of RW, and street vendors at the Aria Wangsakara Bridge. The results of the study show that the implementation of the local regulation has not been optimal. The main obstacles include the lack of socialization of the policy to the community, the lack of human resources and supporting facilities, weak coordination between agencies, and inconsistency in the enforcement of sanctions. Although there has been a persuasive approach from the authorities, the results have not been strong enough to bring about a comprehensive change in attitude among street vendors. To improve the effectiveness of the policy, it is necessary to strengthen the capacity of implementers, adopt a participatory approach, and provide alternative locations.
Copyright (c) 2025 Nadila Oktaviani, Gatot Hartoko, Rizki Amilia https://creativecommons.org/licenses/by-nc-sa/4.0
PERAN PEMERINTAH DESA DALAM MENINGKATKAN PRODUKTIVITAS HASIL PERKEBUNAN DI DESA ERA BARU KECAMATAN TELLULIMPOE
This study aims to analyze the role of the New Era Village Government in increasing plantation productivity and identifying the obstacles faced in its implementation. New Era Village, Tellulimpoe District, is an area with considerable plantation potential, with main commodities such as cocoa, cloves, rubber, and coconut. Although there has been an increase in commodity prices from 2022 to 2024, the increase in productivity has not been proportional to this increase. This study uses a qualitative approach with a descriptive method. Data were obtained through in-depth interviews, field observations, and documentation, involving key informants such as village government officials, farmer groups, agricultural extension workers, and community leaders. This research was conducted in Era Baru Village, Tellulimpoe District, Sinjai Regency. The results of this study show that the role of the village government in increasing plantation yields, based on the following indicators, is as follows: (1) The role of the village government as a policy implementer has been carried out by providing fertilizer and seeds to farmer groups. (2) The role of the village government as a program implementer has been carried out by increasing the capacity of farmers through training on Biological Control Agents and the Production of Bokashi Compost. (3) The role of the village government as a mentor has been carried out by mentoring 29 Farmer Groups and 1 Joint Farmer Group. Thus, it can be concluded that the village government and farmer groups must
Copyright (c) 2025 Muh. Amir, Jusniaty Jusniaty, Salman Salman, Ashar Abdillah, Faiz Fakhruddin https://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS IMPLEMENTASI PERATURAN DAERAH NOMOR 9 TAHUN 2014 TENTANG DESA (Studi Kasus Di Desa Jayanti Kecamatan Jayanti Kabupaten Tangerang)
This study was designed to analyze the implementation of Local Regulation No. 9 of 2014 concerning Villages in the Tangerang Regency, with a case study of Jayanti Village. The main focus was on road infrastructure that had suffered severe damage but had not yet received adequate repairs. This phenomenon is an important issue considering that village roads play a vital role as the main supporting facility for the social and economic activities of the local community. Although the planning process has been carried out through mechanisms such as hamlet meetings (musdus), village meetings (musdes), and development planning meetings (musrenbang), the community's aspirations regarding road infrastructure improvements have not been fully realized. The method used is a descriptive qualitative approach. Data collection was carried out through in-depth interviews with village officials, community leaders, and villagers, as well as documentation and direct observation in the field. Data analysis focused on three main variables in policy implementation as proposed by George C. Edward III, namely communication, resources, and disposition, as well as the bureaucratic structure at the village level. This study shows that the implementation of Local Regulation No. 9 of 2014 in Jayanti Village has not reached an optimal level, especially in the context of sustainable road infrastructure development. The discrepancy between the plans developed at the village level and their technical implementation in the field reflects weaknesses in effective supervision and coordination between village governments and relevant agencies. The results of the study show that there are significant obstacles in terms of inter-agency coordination, budget constraints, and inadequate implementation capacity to follow up on the agreed planning results. Therefore, efforts are needed to improve the capacity of village officials, enhance inter-agency cooperation, and improve information to the community so that the development process can be more responsive to the needs of residents.
Copyright (c) 2025 Usia Ramadhan, Gatot Hartoko, Dede Qodrat Alwajir https://creativecommons.org/licenses/by-nc-sa/4.0
NORMATIVE REVIEW OF LEGAL PROTECTION FOR MINORITY SHAREHOLDERS IN LIMITED LIABILITY COMPANIES IN INDONESIA (NORMATIVE LEGAL ANALYSIS)
This study provides a normative legal analysis of the protection of minority shareholders in limited liability companies (Perseroan Terbatas/PT) in Indonesia. Minority shareholders often face unequal treatment due to the dominance of majority shareholders in decision-making, leading to potential abuse and neglect of their rights. Using a doctrinal approach, the research examines the legal framework under Law No. 40 of 2007 on Limited Liability Companies and related regulations, focusing on mechanisms such as derivative suits, company dissolution rights, accountability of directors and commissioners, and access to information. The analysis reveals that while Indonesia’s legal system formally recognizes these protections, their practical enforcement is hindered by high ownership thresholds, judicial inconsistency, lengthy litigation processes, and limited shareholder awareness. Comparative perspectives from jurisdictions such as the United States, United Kingdom, Singapore, and Malaysia highlight Indonesia’s need to strengthen its enforcement mechanisms and corporate governance practices. The study concludes that lowering procedural barriers, enhancing judicial consistency, promoting alternative dispute resolution, and improving legal literacy are crucial to ensuring effective protection of minority shareholders. Strengthening these protections not only guarantees fairness for shareholders but also contributes to investor confidence and sustainable corporate development in Indonesia.
Copyright (c) 2025 Emmi Rahmiwita Nasution, Dwi Saleha, Iin Inayah https://creativecommons.org/licenses/by-nc-sa/4.0