As-Syar i: Jurnal Bimbingan & Konseling Keluarga

Perlindungan Hukum terhadap Pembeli yang Beritikad Baik Atas Penjualan Objek Waris yang Belum Dibagi: Studi Kasus di Desa Pelawan Kabupaten Sarolangun

Regina Denita Putri — 2026-01-02

Inheritance is a fundamental aspect of the Indonesian civil law system that regulates the transfer of rights and obligations from a deceased person to their heirs. According to Article 830 of the Indonesian Civil Code (KUH Perdata), inheritance can only occur upon death. In practice, problems often arise when one of the heirs sells the inherited property before the official distribution takes place. Such unilateral sale of an inheritance that is still considered part of the boedel waris (undivided estate) often leads to legal disputes, as it is carried out without the consent of all heirs and may cause losses to bona fide purchasers. The research method used is normative juridical, employing statutory and conceptual approaches. This study is descriptive-analytical in nature, aiming to examine the legal regulations concerning inheritance, sale and purchase agreements, and legal protection for bona fide buyers in the sale of undivided inheritance property. The data used consist of secondary data, including primary, secondary, and tertiary legal materials. The analysis is conducted qualitatively through legal interpretation of provisions in the Indonesian Civil Code (KUH Perdata), such as Articles 1320, 833, and 1365, to obtain a comprehensive understanding of legal protection for bona fide buyers. The research findings indicate that the sale of an undivided inheritance results in a legal consequence of being null and void, as the property remains part of the boedel waris (joint estate) collectively owned by all heirs. Conducting a sale without the consent of all heirs constitutes a violation of Article 1320 of the Indonesian Civil Code (KUH Perdata) concerning the validity requirements of an agreement, particularly regarding a specific object and a lawful cause. However, a bona fide purchaser is still entitled to legal protection under Article 1365 of the Civil Code, in the form of the right to claim reimbursement or compensation from the seller. Thus, such legal protection is compensatory in nature, aiming to maintain a balance between the heirs’ rights and the interests of third parties. It is therefore recommended that the division of inheritance be lawfully completed before any sale transaction takes place, and that prospective buyers verify whether the inheritance property has been properly divided or not.

Hambatan Tak Terlihat: Rendahnya Literasi Hukum dan Akses Masyarakat terhadap Judicial Review di Indonesia – Analisis Yuridis Normatif untuk Reformasi Inklusif

Desi Puspita Anggerina — 2026-01-02

Judicial review, as a constitutional instrument in Indonesia, aims to uphold the supremacy of the 1945 Constitution (UUD 1945) and protect citizens' constitutional rights. However, low legal literacy and limited public access to this mechanism hinder effective public participation. This article analyzes these issues through a normative juridical approach using secondary data from journals, regulations, and court decisions. The findings indicate that limited understanding, complex procedures, and high costs lead to unequal access, where only influential groups dominate the judicial review of legislation. Recommendations include enhancing legal socialization and procedural reforms to democratize judicial review.

Proses Perancangan Peraturan Perundang-Undangan di Indonesia Tantangan dan Reformasi dalam Era Digital

Endah Ratnawati — 2026-01-02

This article examines the process of legislative drafting in Indonesia, emphasizing the stages of law formation, the roles of the House of Representatives (DPR) and the government, and the challenges arising in the digital era. The primary focus is on the revision of Law No. 11 of 2008 on Electronic Information and Transactions (UU ITE), which reflects efforts to adapt legal frameworks to technological advancements. Through normative juridical analysis, the article identifies issues such as regulatory disharmony, overload of legal products, and the need for AI-based reforms. The findings indicate that reforms like digitalization of legislative processes and the application of regulatory guillotine can enhance efficiency and legal certainty. Recommendations include integrating technology for more inclusive public participation.

Implikasi Hukum Perubahan Undang-Undang Penyelenggaraan Ibadah Haji dan Umrah: Telaah terhadap Legalitas Umrah Mandiri dan Pembentukan Kementerian

Sulistiawati Sulistiawati — 2026-01-02

This article analyzes the review of Hajj and Umrah regulations in Indonesia, specifically Law Number 8 of 2019 and its recent revisions. This research aims to identify legal issues arising from the implementation and changes in regulations, and to examine their implications for pilgrim protection and the effectiveness of pilgrimage organization. Utilizing a literature study approach and regulatory analysis, this article will discuss legislative dynamics, including the legalization of independent Umrah and the establishment of a Ministry of Hajj and Umrah. The research findings are expected to provide a deep understanding of the current legal landscape of Hajj and Umrah and its future challenges.

Refleksi Metodologis dalam Ilmu Hukum: Meneropong Paradigma Baru untuk Responsivitas Sosial

Furqon Furqon — 2026-01-02

Legal science as a dynamic discipline continues to face demands for adaptation to rapid social changes. This article reflects on conventional legal research methodologies and proposes a new paradigm that is more responsive to contemporary social issues, such as structural injustice, digitalization, and environmental sustainability. Through a reflective-critical approach, this research analyzes the limitations of traditional normative and empirical methods, and explores interdisciplinary integration with social sciences, anthropology, and technology. The proposed new paradigm emphasizes community participation, research ethics, and the tangible social impact of legal studies. The results indicate that socially responsive legal methodologies can strengthen the role of legal science in shaping inclusive policies and social transformation. This article contributes to the development of more contextual and justice-oriented legal methodologies.

Melacak Jejak Pidana AI: Status Subjek Hukum dan Model Pertanggungjawaban di Indonesia

Riska Fitriya — 2026-01-02

The rapid development of artificial intelligence (AI) has brought significant transformations across various sectors, yet it also poses new challenges to the protection of human rights (HAM) in the digital era. This article analyzes the criminal law challenges in Indonesia concerning the misuse of AI, focusing on AI's potential as a legal subject and models of criminal liability under the new Criminal Code (KUHP, Law No. 1 of 2023) and the Electronic Information and Transactions Law (UU ITE). This research indicates that the current Indonesian criminal justice system, predominantly based on the concept of human and corporate legal subjects, faces difficulties in accommodating criminal liability for actions wholly or largely caused by AI. The absence of dedicated AI regulations in Indonesia leads to reliance on existing regulations, such as UU ITE and the Personal Data Protection Law, which are often inadequate. The article identifies legal gaps in the KUHP and UU ITE concerning the definition of legal subjects and the attribution of fault for AI. Several potential models of criminal liability are proposed, including the artificial personhood approach, producer/developer-based liability, operator/user-based liability, and the application of strict liability principles and audit standards. The urgency of cybercrime law reform in Indonesia is emphasized to ensure a comprehensive legal framework that protects human rights from AI misuse.

Mahar Pernikahan menurut Hukum Adat Suku Bugis di Polewali Mandar sebagai Perbuatan Hukum Peralihan Hak Atas Tanah

Nurul Firdaus — 2026-01-02

Mahar is an integral component of the marriage ceremony in the Bugis tribe. This dowry, given by the groom to the bride, serves as a source of livelihood for the married couple. In Bugis marriages, there are terms such as Panaiq money (wedding reception funds) and dowry or sompa money. Legally, both are considered gifts or grants given without expectation of return. These gifts may consist of movable assets such as money, gold, prayer sets, or vehicles, or immovable assets such as ricefields, gardens, ponds, houses, and coconut trees. Typically, immovable assets, especially land, are transferred as gifts through customary oral agreements or written grant letters, rather than formal deeds. This study employs literature review and interviews, with primary data derived from the Polewali District Court decision Number 32/Pdt.G/2024/PN Pol concerning a land grant dispute as a wedding gift. The court ruled in favor of the defendant, who possesses an authentic deed in the form of a will.

Metode Penelitian Hukum Progresif dalam Mengidentifikasi 'Pasal Karet' pada Undang-Undang Informasi dan Transaksi Elektronik (UU ITE) dan Urgensinya bagi Demokrasi Digital

Robert Sangkala — 2026-01-02

The digital era has revolutionized societal interactions, including expression and democratic participation. However, Indonesia's Law No. 11 of 2008 on Electronic Information and Transactions (UU ITE), revised twice (2016 and 2024), still contains ambiguous provisions known as "rubber articles," such as Article 27 paragraph (3) on defamation. These articles often lead to the criminalization of criticism and restrict freedom of expression, conflicting with digital democracy principles. This study applies progressive legal research methods to identify and critique these articles, emphasizing a dynamic and responsive normative approach to socio-technological dynamics. Through juridical and sociological analysis, the research reveals the urgency of reforming UU ITE to strengthen digital democracy in Indonesia. Findings indicate that a progressive approach can serve as a foundation for reconstructing more inclusive regulations, protecting human rights (HAM) in the digital age, and preventing power abuses. Recommendations include establishing a national digital information commission and substantive revisions to problematic articles.

Membedah Isu Pelanggaran HAM di Indonesia: Studi Kasus dan Respons Hukum terhadap Siklus Pelanggaran Sistematis

⁠Ida Komala — 2026-01-02

This article analyzes human rights violations in Indonesia, focusing on the systematic cycle of violations involving state apparatus and government policies. Through in-depth analysis of recent case studies such as the repression of protesters, the Kanjuruhan tragedy, conflicts in Papua, and criminalization via UU ITE, the article critically examines legal responses within Indonesia's positive law framework. Legal sources reviewed include the 1945 Constitution of the Republic of Indonesia (UUD 1945), Law No. 39 of 1999 on Human Rights, Law No. 26 of 2000 on Human Rights Courts, Law No. 19 of 2016 on Electronic Information and Transactions (UU ITE), the Criminal Code (KUHP), Law No. 2 of 2002 on Polri, Law No. 34 of 2004 on TNI, and various related Government Regulations (PP) and Presidential Decrees (Keppres). Findings indicate that despite legislative efforts and the establishment of institutions like Komnas HAM, implementation remains weak due to impunity, politicization, lack of accountability, and structural resistance to change. This condition perpetuates a cycle of violations that erodes public trust and hinders democratic consolidation. This study aims to identify the root causes of this cycle and provide comprehensive recommendations for strengthening law enforcement, including structural reforms, enhanced institutional capacity, and the promotion of a human rights culture across all government levels and society. This analysis is relevant for policymakers, legal academics, human rights activists, and the broader Indonesian public in their efforts to achieve substantive justice and comprehensive human rights protection.

Dinamika Legislasi dan Reformasi Hukum di Indonesia Tahun 2025: Studi Implementasi UU No. 4 Tahun 2023 (UU PPSK) dan Dampaknya

Ikbal Ikbal — 2026-01-02

This research comprehensively examines the dynamics of legislation and legal reform in Indonesia in 2025, with a primary focus on the implementation of Law No. 4 of 2023 concerning Financial Sector Development and Strengthening (PPSK Law). The background of this study is the urgency of strengthening financial sector regulations to maintain system stability, protect consumers, and support sustainable economic growth amidst global and domestic challenges. The main objectives are to analyze the substance of the PPSK Law, evaluate its implementation process up to 2025, identify challenges encountered, and measure its impact on the Indonesian financial sector. Employing a normative legal research method enriched with an empirical approach through document analysis and literature review, this study finds that the PPSK Law has brought significant changes in the governance and supervision of the financial sector. Nevertheless, its implementation faces various challenges, including the harmonization of derivative regulations, infrastructure readiness, and business actors' adaptation. Notable impacts include improved stability, consumer protection, and market efficiency, though continuous evaluation is needed to ensure optimal achievement of reform objectives. The research concludes by emphasizing the importance of synergy among institutions and regulatory adaptation to technological innovation.

Melawan Otoritarianisme Digital di Indonesia: Urgensi Reformasi Hukum dan Perlindungan Hak Digital dalam Era Represi 2025

Kemal Abi — 2026-01-02

This research examines the escalating phenomenon of digital authoritarianism in Indonesia in 2025, characterized by increased digital repression and human rights violations in cyberspace. Employing a descriptive qualitative approach, this article analyzes trends in the use of regulations such as the Electronic Information and Transactions Law (ITE Law) as a tool for repression, restrictions on freedom of expression, data surveillance, and the criminalization of activists and journalists. Significant impacts on civil and political liberties, as well as the vulnerability of minority groups, women, and children, are key highlights. The study emphasizes the urgency of legal reform, including the harmonization of regulations with international human rights principles such as the International Covenant on Civil and Political Rights (ICCPR), and the importance of public participation in legislation. Furthermore, this article offers digital rights protection strategies involving the role of civil society, digital literacy education, multi-stakeholder collaboration, and policy advocacy to counter digital authoritarianism for a just democracy. The research also explores concrete case studies, such as Amnesty International's report on "electoral authoritarianism" in Indonesia and 108 digital rights violations against children by TAUD, and proposes reform models like amending rubber articles in the ITE Law and establishing a Digital Rights Commission. Thus, this study contributes to the discourse on progressive legal research to strengthen juridical argumentation foundations amid the dynamics of digital norms and facts.

Harmonisasi Pengujian Peraturan oleh Mahkamah Konstitusi dan Mahkamah Agung sebagai Upaya Peningkatan Kepastian Hukum dan Perlindungan Konstitusional

Adhe Permana — 2026-01-02

The division of authority for judicial review of regulations between the Constitutional Court (MK) and the Supreme Court (MA) often leads to overlapping jurisdiction, differing standards of review, and inconsistent rulings. This situation weakens legal certainty and constitutional protection, which should form the foundation of a rule of law state. This research analyzes the source of this disharmony using a normative legal method with statutory and conceptual approaches. The study's findings indicate the absence of an integrative mechanism between the two institutions to ensure the alignment of review parameters. Therefore, a harmonization model is required to clearly define the boundaries of authority, synchronize the standards of review, and strengthen the coordination of rulings. This harmonization is projected to enhance the effectiveness of constitutional control and guarantee the protection of citizens' rights more consistently.

Pertanggungjawaban Perdata Tenaga Kesehatan Atas Prosedur Estetika Dihubungkan dengan Informed Consent Berdasarkan Peraturan Perundang-Undangan

Davina Cantika Wulandari — 2026-01-02

The development of aesthetic medical procedures in Indonesia has grown rapidly in line with the increasing public awareness of appearance and quality of life. Aesthetic services, which are elective in nature, often raise legal disputes when the results of medical actions do not meet patients’ expectations or cause harm. In the context of national health law, informed consent is a mandatory requirement that must be fulfilled prior to any medical intervention. This obligation is stipulated in Article 329 of Law Number 17 of 2023 concerning Health, which emphasizes that every medical action must obtain consent that is given consciously, voluntarily, and based on complete information. This requirement reflects both the protection of patients’ rights and the professional responsibility boundaries of health workers in performing medical practices.This research employs a normative juridical method using statutory, conceptual, and case approaches to analyze the forms of civil liability of health professionals in aesthetic procedures when the principle of informed consent is violated. The study finds that failure to fulfill the requirements of informed consent may result in civil liability for health professionals, either in the form of breach of contract as regulated in Article 1239 of the Indonesian Civil Code, or tort liability under Article 1365 of the Indonesian Civil Code. Furthermore, the Health Law of 2023 reinforces the importance of professional standards, medical ethics, and legal protection mechanisms for both patients and health professionals as part of an integrated health service system. Therefore, informed consent holds a strategic position as a legal instrument that not only safeguards patients’ rights but also strengthens the professional accountability of health practitioners in carrying out aesthetic procedures that are safe, ethical, and legally compliant.

Perlindungan Hukum terhadap Talent Creator atas Wanprestasi dalam Perjanjian dengan Agency Manajement

Fristy Celestia Modesty Fery — 2026-01-02

In the digital era, the profession of talent creators has become a key element in digital marketing. Agreements between talent creators and management agencies form the foundation of professional relationships to promote products or services. Breaches of contract by management agencies, such as failure to provide jobs (work opportunities) or delays in paying commissions, cause losses to talent creators both financially and in terms of reputation. Therefore, legal protection for talent creators against breaches in agreements with management agencies is necessary. This research employs a normative juridical method with a descriptive-analytical approach, which describes legal facts based on secondary data including primary legal materials such as the Civil Code (KUHPerdata) and Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE), secondary legal materials in the form of literature and scientific journals, as well as tertiary legal materials such as legal dictionaries. In this research, the author uses a statutory approach to examine the provisions of contract law, and a conceptual approach to explore legal theories and doctrines in building an analytical framework. The research results indicate that breaches by management agencies, such as failure to provide jobs (work opportunities) and delays in paying commissions, cause losses to talent creators; therefore, talent creators can file claims for compensation against management agencies based on breaches as regulated in Article 1243 of the Civil Code (KUHPerdata). Legal protection is supported by Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE), which recognizes the validity of digital evidence, enabling dispute resolution through mediation, arbitration, or litigation. This research recommends the preparation of detailed written agreements, due diligence on agencies, and the utilization of digital evidence to strengthen the legal position of talent creators, as well as the development of regulations to enhance transparency and accountability in the talent creator marketing industry in Indonesia.

Kepastian Hukum Pengaturan Batas Volume Suara Sound Horeg pada Acara Festival Budaya dan Perlindungan Hukum terhadap Masyarakat

Julian Abel Akasi — 2026-01-02

The phenomenon of using 'sound horeg' at Cultural Festival events in East Java has given rise to disturbances for the community, such as damage to building structures, and health issues because the volume of the sound horeg reaches 135 decibels, which is far exceeding the safe limit set by the WHO, which is 85 decibels. Although there already exists a Joint Circular Letter from the Governor of East Java Number 300.1/6902/209.5/2025, Number SE/1/VIII/2025, and Number SE/10/VIII/2025, as well as a Fatwa from the East Java Indonesian Ulema Council (MUI) Number 1 of 2025, at Cultural Festival events in East Java, the use of sound horeg at a very high volume still persists. Therefore, legal certainty and legal protection are needed for the community regarding the use of sound horeg at Cultural Festival events.This research utilizes the normative juridical method with an approach focusing on statutory regulations (statute approach) and a conceptual approach. The type of research employed is descriptive analytical, as it aims to describe and analyze the legal issues being examined. The data used originates from secondary data, which encompasses primary legal materials, secondary legal materials, and tertiary legal materials."The research findings indicate that, to date, there are no specific provisions regulating the maximum permissible volume level for the use of sound horeg at Cultural Festival events. If the community suffers losses, such as damage to homes, due to the use of sound horeg at excessive volumes, the aggrieved party is entitled to file a claim for compensation based on the provisions of Article 1365 of the Civil Code (Kitab Undang-Undang Hukum Perdata) against the organizing committee, the renting party, or the sound horeg service provider. Regarding the disruptive noise caused by the use of sound horeg at night, the community can report it to the local police apparatus based on Article 503 of the Criminal Code (Kitab Undang-Undang Hukum Pidana). Regional Governments should ideally establish a regulation to serve as a general guideline regarding the permissible volume limit for sound horeg, and the police should tighten the permits concerning the implementation of Cultural Festivals that utilize sound horeg. Thus, Cultural Festival events can still be held without disturbing public order and public health.

Urgensi Mekanisme Khusus dalam Penanganan Pelecehan Seksual di Transportasi Umum

Shaffira Aura Khanza — 2026-01-02

Sexual harassment on public transportation is a form of gender-based violence that remains prevalent in Indonesia. Although various regulations exist, such as Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, their implementation remains ineffective in providing protection and a sense of security for victims, particularly women. This study aims to analyze the mechanisms for handling sexual harassment on public transportation, identify the obstacles faced, and formulate solutions to strengthen legal protection for victims. The research method used is normative juridical, with a legislative and conceptual approach. Data were obtained through a literature review of laws and regulations, academic literature, and actual cases such as the harassment case on the Commuter Line (KRL) and Tanah Abang Station. The results show that the handling of sexual harassment cases on public transportation is suboptimal due to the absence of standardized SOPs, lack of coordination between agencies, and minimal officer sensitivity to victims. Furthermore, social stigma and patriarchal culture remain major barriers for victims to report. This study recommends the establishment of a comprehensive legal mechanism, including the development of integrated standard operating procedures (SOPs), the establishment of rapid response units in public transportation, regular training for officers, and strengthening a secure reporting system. This is expected to create a safe, equal, and sexual violence-free public space.

Analisis Yuridis Kewenangan Badan Permusyawarakatan Desa dalam Pembentukan Peraturan Desa

Habriyanto Yudha — 2026-01-02

This study aims to determine the authority of the Village Consultative Body (BPD) in the process of forming Village Regulations (Perdes) based on Law Number 6 of 2014 concerning Villages. The role of the BPD as an element of village governance and a partner of the village head is crucial, especially in drafting and establishing Perdes, which is an important instrument for the implementation of village autonomy. However, the implementation of this authority often hampers legal and factual challenges in the field, which impact the quality and effectiveness of village regulations. This study uses empirical legal research methods (socio-legal) to examine the conformity of normative rules with their implementation practices. Data were obtained through literature studies to collect secondary data (statutory regulations and legal literature) and direct interviews with BPD officials, the Village Secretary, and community leaders as primary data. Data analysis was conducted using descriptive qualitative methods. The results of the study indicate that normatively, the authority of the BPD in the formation of Perdes has been clearly regulated, including discussion and approval of draft Perdes. However, empirical research has found that factors such as a lack of legal understanding among BPD members, limited human resources, and inter-agency communication are key obstacles to the implementation of this authority. Therefore, it is concluded that efforts are needed to improve the institutional capacity of the BPD and synchronize regulations at the village level to ensure the effective and optimal formation of Village Regulations (Perdes) in accordance with the principles of village autonomy.

Perlindungan dan Pertanggungjawaban Hukum atas Transfer Data Pribadi oleh Pemerintah Indonesia ke Amerika Serikat

Tania Fatmawati — 2026-01-02

Technological developments and globalization have fueled increased exchange of personal data between countries, including cooperation between Indonesia and the United States in business sectors related to the transfer of data belonging to Indonesian citizens. However, differences in the legal systems between the two countries raise issues regarding protection and legal liability in the event of misuse of personal data abroad. The United States currently lacks a comprehensive federal personal data protection law, while Indonesia has Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), which affirms that personal data is a human right. This regulatory discrepancy raises questions about the extent to which Indonesian law can provide effective protection for its citizens' personal data outside its jurisdiction. This study uses a normative-juridical method with a regulatory and conceptual approach. The analysis was conducted on applicable regulations, international legal principles, and related academic sources. The study findings indicate that although the PDP Law provides a solid legal basis, its implementation remains suboptimal due to the lack of derivative regulations and an independent supervisory body. Therefore, the government's legal accountability mechanism for personal data breaches abroad is not yet functioning effectively. This study concludes that the Indonesian government must immediately establish an independent supervisory body for personal data protection, issue implementing regulations for the Personal Data Protection Law concerning the mechanism for data transfers between countries, and strengthen international collaboration to ensure the protection of Indonesian citizens' personal data in the destination countries.

Pandangan Hukum Islam tentang Hidup Serumah setelah Talak Bain Kubra di Desa Way Urang Lampung Selatan

Ayub Sutiawan — 2026-01-02

This study aims to analyze the perspective of Islamic law on the practice of cohabitation after the occurrence of talak bain kubra (triple divorce), focusing on a literature-based analysis of primary Islamic legal sources such as the Qur’an, Hadith, scholars’ opinions, and classical as well as contemporary fiqh literature. This research is a library study (library research) employing normative juridical and conceptual approaches. Data were obtained through a review of classical fiqh texts from the four schools of thought (madhhab), Qur’anic exegesis, scholarly works, and legal provisions related to Islamic family law. The findings indicate that, according to Islamic law, cohabitation between a man and a woman after the occurrence of talak bain kubra is prohibited and considered unlawful (haram). Based on the Qur’an, Surah Al-Baqarah (2:230), it is stated that if a husband divorces his wife for the third time, it is not lawful for him to remarry her unless she has lawfully married another man and that marriage ends naturally. This view is supported by the majority of scholars from the Shafi‘i, Hanafi, Maliki, and Hanbali schools, who agree that talak bain kubra completely dissolves the marital bond (faskhun nikah), and a remarriage can only occur after the condition of tahlil has been fulfilled in accordance with Sharia. The analysis of fiqh literature further reveals that cohabitation without a valid marriage contract after talak bain kubra contradicts the principles of ‘iffah (chastity) and hifz an-nasl (protection of lineage), which are integral parts of the objectives of Islamic law (maqasid al-shari‘ah). From a social standpoint, such practices often arise due to low Islamic legal literacy, economic constraints, and misconceptions regarding the concept of ruju‘ (reconciliation) in Islam. This study concludes that cohabitation after talak bain kubra, from the perspective of Islamic law, constitutes a clear violation of definitive (qat‘i) religious injunctions. Therefore, it is necessary to enhance public understanding through Islamic legal education and scholarly-based religious outreach to ensure awareness of the legal boundaries governing marital relations after a triple divorce.

Penerapan Keadilan Restoratif dalam Penyelesaian Kasus Kekerasan Rumah Tangga terhadap Anak

Zarman Zamaya — 2026-01-02

This study aims to analyze the application of restorative justice in resolving domestic violence cases against children in Indonesia. Domestic violence against children is a serious problem that continues to increase every year, requiring a legal approach that not only punishes perpetrators but also focuses on victim recovery and family harmony restoration. This research uses normative juridical method with statutory and conceptual approaches. The results show that restorative justice can be applied in domestic violence cases against children based on Supreme Court Regulation Number 1 of 2024, Police Regulation Number 8 of 2021, and Attorney General Regulation Number 15 of 2020. However, its application must consider the power relations between perpetrators and victims, the severity of violence, and the child's best interests. This study concludes that restorative justice can be an effective alternative in resolving domestic violence cases against children as long as it prioritizes victim recovery, involves child protection institutions, and does not neglect legal accountability. Recommendations include the need for clear guidelines for applying restorative justice in domestic violence cases against children and strengthening the capacity of law enforcement officer.

Pertanggungjawaban Pidana Korporasi terhadap Dugaan Tindak Pidana Suap dalam Izin Ekspor CPO (Crude Palm Oil) PT Wilmar Group

Ghaitsa Zahira Sofiyah — 2026-01-02

The growth of large corporations in Indonesia poses risks of legal violations such as corruption and bribery. This study examines the consistency of legal application against PT. Wilmar Group in the alleged bribery case of CPO export permits, as well as corporate criminal liability under the Corruption Law. A normative juridical approach is used to analyze the application of the acquittal verdict and the recovery of state losses. The findings indicate inconsistent legal application, with the focus on individual prosecutions being more prevalent than corporate ones, despite the apparent state losses. The study highlights the obstacles in proving corporate wrongdoing and the importance of fair and consistent law enforcement against corporations subject to criminal law.

Kepastian Hukum Penetapan Tarif Royalti Musik bagi Pelaku Usaha Kafe dan Transparansi Mengenai Penyaluran dan Distribusi Dana Royalti Musik

Andriano Andriano — 2026-01-02

This journal discusses legal certainty regarding the determination of music royalty rates for café operators and transparency regarding the distribution of music royalties, but in practice, legal certainty regarding the clarity of royalty rates based on seating capacity and transparency in the distribution and disbursement of music royalties by the National Collective Management Organization (LMKN) and Collective Management Organizations (LMK) is still not guaranteed. The research method used is normative juridical with a legislative and conceptual approach, utilizing secondary data consisting of primary, secondary, and tertiary legal materials. In this study, the author used a descriptive analytical research method. The results of the study show that in the payment of music royalties by cafe businesses, there is uncertainty in determining the amount of royalty rates based on seating capacity and the distribution of royalty funds by the National Collective Management Institution (LMKN) and Collective Management Institutions (LMK). The National Collective Management Institution (LMKN) needs to clarify the determination of music royalty rates, and an alternative is to set music royalty rates per person based on the capacity of the cafe. In addition, the government, through the Ministry of Law, the National Collective Management Organization (LMKN), and the Collective Management Organization (LMK), needs to increase awareness and education regarding the distribution and disbursement of music royalties and the optimal use of technology in the music royalty information system.

Penerapan Right To Be Forgotten dalam Melindungi Identitas Anak sebagai Pelaku maupun Korban pada Konten Kekerasan dan Seksual di Platform Media Sosial

Vina Yunita — 2026-01-02

The spread of content depicting children as perpetrators or victims of violence on social media platforms such as TikTok, Instagram, and X raises serious issues related to privacy and digital footprints. The Right to Be Forgotten (RTBF) provides children or guardians with the right to delete detrimental personal data as an effort to restore their digital identity and privacy. This study uses normative juridical methods and a conceptual approach to analyze the Indonesian legal framework of the ITE Law, the PDP Law, and the Child Protection Law and compares them with best practices in the European Union, Australia, and France. The results show that RTBF in Indonesia has a clear legal basis, but its implementation remains limited due to slow platform response, lengthy court procedures, the absence of an independent oversight body, and the rapid spread of content. This study emphasizes the need for a non-litigation deletion mechanism, a strong oversight body, and the application of the best interest of the child principle to ensure comprehensive protection of children's identities in the digital realm. With strengthened regulations and public awareness, RTBF can be an effective instrument in preventing stigmatization and supporting children's social rehabilitation.

Hubungan Problem Focused Coping dan Dukungan Sosial terhadap Stres Mengerjakan Skripsi pada Mahasiswa di Universitas Muhammadiyah Sidoarjo

Sultan Saladin — 2026-01-02

This research is motivated by the phenomenon of stress experienced by final semester students at Universitas Muhammadiyah Sidoarjo (UMSIDA) who have low emotional well-being, decreased cognitive behavior and weakened physical conditions. The purpose of this study is to determine the effect of problem focused coping and social support on thesis-related stress. The research method used is quantitative correlation with a population of 3,734 final semester students at UMSIDA. The sample size is 320 students based on the Isaac & Michael table with a 5% margin of error. The sample was determined using purposive sampling technique. The variables in this study were problem focused coping, social support, and thesis writing stress. Data collection in this study used three psychological scales based on the Likert scale model adopted from previous studies. The hypothesis in this study was that there is a relationship between problem focused coping and social support on thesis writing stress. Data analysis in this study used mulitple correlations statistical test with the help of SPSS 26.0 for Windows.

Hubungan Self-Concept, Self-Disclosure dengan Kecemasan Sosial pada Remaja Korban Bullying Verbal

Devina Eka Puteri — 2026-01-02

This study aims to determine the relationship between self-concept and self-disclosure with social anxiety among adolescents who experience verbal bullying. This research employed a quantitative approach with a correlational design. The study sample consisted of 122 junior high school students from “X” School, selected using purposive sampling based on the criterion that they had experienced verbal bullying. The instruments used included a self-concept scale, a self-disclosure scale, and a social anxiety scale, all of which had been tested for validity and reliability to ensure their suitability as research measurement tools. Data analysis was conducted using multiple correlation to examine the relationships among the variables. Partial test results showed that self-concept had a significance value of .000 (< .05), indicating a significant negative relationship between self-concept a nd social anxiety among adolescents who experienced verbal bullying. This means that the higher the self-concept possessed by adolescents who experienced verbal bullying, the lower their level of social anxiety. Meanwhile, self-disclosure had a significance value of .542 (> .05), indicating that self-disclosure does not have a significant relationship with social anxiety among adolescents who experience verbal bullying. Simultaneously, the results of the multiple correlation analysis showed a Sig. F Change value of .001 (< .05), meaning that self-concept and self-disclosure together have a significant relationship with social anxiety. These findings indicate that although self-disclosure does not significantly relate to social anxiety when examined individually, when viewed simultaneously alongside self-concept, both variables contribute to variations in social anxiety among adolescents who experience verbal bullying.

Analisis Yuridis Tindak Pidana Pembunuhan Biasa; Studi Kasus Berdasarkan Berita Acara Pemeriksaan Dari Laporan Polisi No:LP/B/62/III/2025/SPKT/POLRES MALAKA/POLDA NTTT

Finsensius Samara — 2026-01-02

This research juridically analyzes the ordinary murder crime based on the Investigation Report of Police Report Number LP/B/62/III/2025/SPKT/Polres Malaka/Polda NTT. The murder case occurred on March 21, 2025 in Naibesi Hamlet, Malaka Regency, with suspect SEBASTIANUS RUA TAE allegedly taking the life of victim MELIANA MAKO using a stone. This research employs a normative juridical method with statutory, case, and conceptual approaches. Analysis was conducted on the fulfillment of elements in Article 338 of the Criminal Code and evaluation of case file completeness for prosecution stage. Research findings indicate that the element of "whosoever" is fulfilled with clear identification of the suspect. The element of "intentionally" is proven through series of actions demonstrating suspect's awareness that his conduct could result in death. The element of "taking another person's life" is fulfilled by victim's death due to blunt force trauma causing severe bleeding, as confirmed by expert testimony in visum et repertum. Although criminal elements are fulfilled, the case file still requires refinement through confrontation to address inconsistencies in testimonies, completion of official visum et repertum documents, and deepening of murder motive before it can be declared complete (P-21) and transferred to prosecution stage.

Analisis Berita Acara Pemeriksaan dalam Penanganan Tindak Pidana Pencurian dengan Pemberatan di Kabupaten Lembata

Finsensius Samara — 2026-01-02

This study analyzes the criminal act of aggravated theft that occurred in Lembata Regency, Nubatukan District, Lewoleba Selatan Village, with a focus on the role of the Official Investigation Report (police investigation report) as the main instrument in the evidentiary process. As an official document that records the statements of victims, witnesses, and the perpetrator, the BAP serves as an essential basis for investigators, prosecutors, and judges in assessing the fulfillment of the elements of the offense. Based on an examination of the incident chronology, the methods of forced entry into the victim’s house, and the perpetrator’s control over the victim’s belongings, this study shows that the elements of Article 362 of the Indonesian Criminal Code (KUHP) are fulfilled, including the aggravating circumstances under Article 363 paragraph (1) points 3 and 5 of the KUHP, namely that the act was committed at night and involved breaking in.The research method employed is a literature study, examining criminal law literature, the KUHP, the KUHAP, expert legal doctrines, police investigation regulations, court decisions, and scholarly articles related to aggravated theft and the quality of BAP. The analysis is conducted qualitatively through normative interpretation of regulations and legal theories, particularly the theory of offense elements, the theory of criminal liability, and the theory of offense qualification. The findings confirm that the quality of the BAP greatly influences the success of the evidentiary process and the effectiveness of law enforcement. Therefore, the professionalism of investigators, accuracy in drafting the BAP, and synergy between authorities and the community are crucial factors in preventing and addressing aggravated theft in Lembata Regency.

Perlindungan Hukum terhadap Hak Merek pada Merchandise GMMTV yang Belum Terdaftar di Indonesia

Een Nuraeni — 2026-01-02

Legal protection for well-known foreign brands that have not been registered in Indonesia is an important issue considering that Indonesia adopts a first-to-file trademark registration system. This system has the potential to harm owners of well-known foreign brands if another party registers the brand in bad faith. This study aims to analyze the legal regulations and forms of legal protection for well-known foreign brands that have not been registered in Indonesia with a case study of the GMMTV brand. The research method used is normative legal research with a statutory approach and a conceptual approach, using primary and secondary legal materials. The results of the study indicate that although trademark protection is in principle provided through registration, Law Number 20 of 2016 concerning Trademarks and Geographical Indications provides special protection for well-known brands that have not been registered through the mechanism of registration rejection, cancellation lawsuit, and civil lawsuit based on bad faith. This protection is also strengthened by the provisions of the Paris Convention and the TRIPs Agreement, which Indonesia has ratified. In the context of GMMTV, the brand meets the criteria for a well-known foreign trademark due to its international reputation and widespread recognition in Indonesia, and therefore still enjoys legal protection even though it is not yet registered. Therefore, the national and international legal framework in Indonesia provides an adequate basis for protection for well-known foreign trademarks to prevent unfair business competition and consumer misuse.

Perlindungan Data Pribadi Penghadap pada Penyimpanan Minuta Akta Notaris secara Cloud Storage

Rivanka Gradian Baldi — 2026-01-02

The digital transformation of notarial practice has resulted in a fundamental shift from the traditional physical storage of deed minutes to the adoption of cloud-based storage systems. While this transition introduces efficiency and improves archival management, it simultaneously generates new challenges regarding the protection of personal data of parties appearing before the notary, as deed minutes contain highly sensitive information protected under notarial confidentiality. Law Number 27 of 2022 on Personal Data Protection (PDP Law) mandates that notaries acting as data controllers ensure the security, integrity, and confidentiality of personal data, including when stored electronically. Failure to fulfill these obligations may lead to legal consequences in the form of administrative and criminal sanctions. This study adopts a normative juridical approach to examine the protection of personal data in the context of storing deed minutes using cloud storage. The findings reveal that data protection can only be achieved if digital transformation is supported by strong electronic security standards, digital literacy among notaries, ethical awareness, and technical professional guidelines. Ultimately, modernization should reinforce—not diminish—public trust in notarial services.

Transformasi Digital Pengawasan Proaktif melalui Sistem Pelaporan Online dalam Pelanggaran Wilayah Jabatan Notaris

Intan Ayu Safitri — 2026-01-02

Digital transformation in notarial supervision represents a strategic initiative to enhance the effectiveness and efficiency of monitoring the performance of notarial duties, particularly in preventing violations of notarial territorial jurisdiction. One such innovation is the development of an Online Reporting System that enables proactive, technology-based supervision of territorial jurisdiction violations. This system is designed to facilitate reporting and early detection of violations, as well as to accelerate the response of the Notarial Supervisory Council. Through the online reporting system, stakeholders, including notaries and the public, are able to report indications of violations in real time, which are subsequently verified by the supervisory authority. The utilization of the resulting data allows for more structured, transparent, and measurable supervision in preventing and addressing violations. This digital transformation also supports improvements in governance and accountability within the notarial institution in Indonesia, enhances public trust, and reduces the potential for conflicts or disputes related to notarial territorial jurisdiction. The results of the analysis indicate that the implementation of the online reporting system is effective in reducing the number of territorial jurisdiction violations and increasing compliance with applicable regulations.

Analisis Berita Acara Pemeriksaan Pengeroyokan

Finsensius Samara — 2026-01-02

The Investigation Report (BAP) is a crucial tool in the enforcement of Indonesian criminal law, as it records detailed statements from victims, witnesses, and suspects to establish the chronology of events and their relationship to legal norms. This study analyzes the BAP related to the alleged assault on March 5, 2023, in Nanga Mbaur Village, East Manggarai Regency, where two or more people attacked the victim, potentially causing injury or death. Through a normative juridical approach, this study reveals the strength of BAP evidence in proving the criminal elements of assault in accordance with Article 170 of the Criminal Code (KUHP), as well as its implications for the judicial process. The findings emphasize the need for accuracy and completeness of BAP to ensure restorative justice at the investigation level.

Pengaruh Dukungan Sosial Orang Tua terhadap Regulasi Emosi dan Kesejahteraan Psikologis Peserta Didik SMP

Rofiqoh Rov’atul Baroinnisrina — 2026-01-02

Social support from parents plays an important role in the affective development and psychological condition of students. Parental social support plays a crucial role in the affective development and psychological well-being of students. This study aims to examine the extent to which parental social support influences emotional regulation and psychological well-being among junior high school students in Wonoayu District, Sidoarjo. Employing a quantitative correlational method, the research involved 104 students from private junior high schools in the district, selected through purposive sampling. Data were collected using social support, emotional regulation, and psychological well-being instruments and then analyzed using simple linear regression. The results showed that parental social support significantly and positively influenced students' emotional regulation and psychological well-being. A novel discovery in this study is the correlation between parents' educational levels and the quality of support provided to their children. This research underscores the importance of enhancing parental involvement to foster better emotional and psychological outcomes for adolescents.

Analisis Yuridis Tindak Pidana Pemerasan; Studi Kasus Berdasarkan Berita Acara Pemeriksaan (NO. POL: K/LP/550/III/2020/ POLRES.JKSEL)

Finsensius Samara — 2026-01-02

This research analizes the crime of extrotion based on the the examinition report (BAP) whit police number K/LP/550/III/2020/POLRES.JKSEL dated march 13,2020.extortion as regulated in article 368 of the criminal code, is a crime against property that emphasizes the act of coercion thru violence or the threat of violence.the research uses a normative judical method whit a legislative and conseptual approach, analizyng the police investigation report (BAP)thtu a descritive method to assessthe suitabillity of the case proceeding to trial. This case involves the suspect (A) treatening the victim (F) usang a sharp weapon, a tiger claw,with theartening words that caused fear, leading the victim to hand over RP 1.000.000. the analysis results show that all elements of article 368 paragraph (1) of the criminal code are met, including objektive elements (ceorcive acts, violence/thearths of violence, and surrender of goods) and subjektive elements (the intention to benefit oneself unlawfully). Based on the completeness of the avidence,including the victim’s statement, the suspect’s confession, and the sharp weapon as physical evidence,this case is suitable to proceed to trial. The group analysis concluded that the suspect was proven guilty and sentenced to 3 years in prison, considering aggravating and mitigating factors, including the absence of phsycal injury, the suspect’s remorse, and emotional state as a trgger for the incident.

Analisis Yuridis Tindak Pidana Penghinaan; Studi Kasus Berdasarkan Berita Acara Pemeriksaan dari Laporan Polisi NO: LP/B/163/V/2022, SPKT POLRES TTS POLDA NTT

Finsensius Samara — 2026-01-02

The crime of defamation is a type of crime that can damage a person's reputation and dignity. In the context of criminal law, defamation can be defined as an act intentionally committed to demean or defame a person. This study aims to legally analyze the crime of defamation based on police reports.The research method used was a case study, analyzing police reports related to defamation cases. The results indicate that defamation can occur in various ways, such as through words, writing, or actions. Furthermore, this study found that the elements of defamation, such as intentional, demeaning, and defamation, must be proven in the legal process.The conclusion of this study is that defamation can be prosecuted under the relevant articles of the Criminal Code, but careful analysis is necessary to ensure that the elements of defamation are met. Furthermore, this study emphasizes the importance of police reports in the legal process to prove defamation.

Pengenaan Sanksi Administrasi dalam Penegakan Disiplin Aparatur Sipil Negara

Ahmad Rohmanto — 2026-01-02

This study aims 1) to determine and analyze the disciplinary regulations of state civil servants; 2) to determine and analyze the imposition of administrative sanctions on the enforcement of disciplinary regulations of state civil servants. The research method used is the normative juridical research method and the approach used is the statutory approach and the conceptual approach. The results of the study indicate that 1) the disciplinary regulations of state civil servants that Government Regulation Number 94 of 2021 was issued in order to implement the provisions of Article 86 Paragraph (4) of Law Number 5 of 2014 concerning State Civil Apparatus (ASN). The body or chapters of the provisions regulated in Government Regulation Number 94 of 2021 are not much different from Government Regulation Number 53 of 2010. However, there are several changes in the number of chapters and points, which are increased or decreased. In relation to the procedures for imposing disciplinary violations according to Government Regulation Number 53 of 2010 and Government Regulation Number 48 of 2016 and Government Regulation Number 94 of 2021 concerning Civil Servant Discipline, civil servants who lose their prestigious rights as civil servants because they have been dishonorably dismissed as civil servants so that they can no longer receive facilities in the form of salaries, allowances and other facilities; 2) the imposition of administrative sanctions against the enforcement of civil servant discipline because even though there is a legal basis that provides legitimacy for the court to order the implementation of rehabilitation of ASN rights, the laws and regulations that specifically regulate the enforcement of ASN discipline still do not clearly regulate rehabilitation. In relation to the provisions of the ASN Law, especially Article 87 Paragraph (4) letter b, it is necessary to reconstruct legal regulations and impose sanctions on ASN employees who have committed criminal acts of corruption. The reconstruction of the legal regulations is carried out through changes and/or improvements by clarifying the formulation of the governing norms and explicitly mentioning "criminal acts of corruption" or implicitly but clarifying and emphasizing the difference between it and "criminal acts of official misconduct or crimes related to office."

Analisis Berita Acara Pemeriksaan (BAP) Kasus Perzinahan Kepolisian Negara Republik Indonesia Daerah Nusa Tenggara Timur Resor Lembata

Finsensius Samara — 2026-01-02

This study aims to analyze the evidentiary strength of the witness’s examination report (BAP) in a case of alleged adultery as stipulated in Article 284 of the Criminal Code (KUHP). This study uses a normative juridical approach by analyzing the BAP of witness Mahmud Langoday, who was questioned by investigators from the Lembata Police. The study focuses on the elements of the crime of adultery, specifically the legal subject element, the element of sexual intercourse, the element of fault (mens rea), and the formal requirement of an absolute complaint offense. The analysis shows that although there is no direct evidence in the form of eyewitness testimony regarding the sexual intercourse, the series of interrelated indicative evidence meets the standard of sufficient preliminary proof to proceed to the investigation and summons stage.

Analisis Yuridis Tindak Pidana Pemekorsaan; Studi Kasus Berdasarkan Berita Acara Pemeriksaan dari Laporan Polisi No. Pol: Lp/B/126/Vii/2025/Spkt/Res Malaka/Polda NTT

Finsensius Samara — 2026-01-02

This research analyzes the case of rape that occurred within the context of a dating relationship in Malaka Regency, East Nusa Tenggara, based on police report No.Pol: LP/B/126/VII/2025/SPKT/Res Malaka/POLDA NTT dated July 6, 2025. This case involves a suspect with the initials AB (21 years old) who raped his girlfriend, FA, in Kletek Forest on July 5, 2025, at 10:30 PM WITA. This research uses a normative legal research method with a case approach and descriptive analysis of the Examination Report (BAP) as the primary data source. The research findings indicate that: (1) this case is suitable to proceed to trial based on the presence of official reports, consistent victim testimony, supporting statements from three witnesses, medical evidence from the post-mortem examination, the suspect's confession, and physical evidence; (2) all elements of Article 285 of the Criminal Code have been cumulatively fulfilled; (3) the suspect was sentenced to 10 years in prison, considering several factors.

Analisis Yuridis Tindak Pidana Penipuan; Studi Kasus Berdasarkan Berita Acara Pemeriksaan (No. Pol: Lpb/177/X/2025/SPKT/Polres Lembata /Polda NTT)

Finsensius Samara — 2026-01-02

This study examines the crime of fraud as stipulated in Articel 378 of the criminal code (KUHP) through a legal analysis of the investigation Report (BAP) in a case involving fraudulent promises of passing civil servant candidates (CPNS) at the ministry of Low and Human Rights. The research focuses on assessing the completeness and strength of the BAP in proving the fulfillment of the elements of the crime of fraud. the research method used is normative legal research with a case approach, utilizing primary data in the from of the BAP from the examination of victim witnessess and secondary data in the from of relevant laws and legal literature. The results indicate that the BAP contains a chronological description of events, consistent testimony from victim witnessess, and sufficient evidence to prove the fraudulent act, the transfer of money by the victim, a causal relationship, and teh intent to unlawfully benefit oneself. therefore, all elements of the crime of fraud as stipulated in article 378 of the criminal code are met, and the case is legally worthy of proceeding to prosecution and trial. This researarch is expected to contribute to improving the quality of police investigation reports (BAP) and the accuracy of evidence in hadling fraud cases.

Analisis Berita Acara Pemeriksaan (BAP) dalam Kasus Tindak Pidana Pelecehan Seksual di Muka Umum (Pasal 281 KUHP)

Finsensius Samara — 2026-01-02

This analysis aims to examine the formal and material completeness of the Minutes of Investigation (Berita Acara Pemeriksaan/BAP) and to analyze the fulfillment of the elements of a criminal offense in a case of public sexual harassment charged under Article 281 of the Indonesian Criminal Code (KUHP). The BAP under analysis involves the Suspect, Ariz Utama, and the Victim, Ardiana Rasnawati, and includes the entire process from investigation through trial proceedings before the South Jakarta District Court. Using a normative legal research method and document analysis, this study evaluates the conformity of the investigative process with the Indonesian Criminal Procedure Code (KUHAP), analyzes the fulfillment of the elements stipulated in Article 281 of the KUHP, and assesses the probative value of the evidence submitted. The results of the analysis indicate that the BAP satisfies both formal and material requirements, and that the collected evidence—particularly the suspect’s confession and the consistent testimony of the victim—is sufficiently strong to prove the criminal offense. Therefore, this case is appropriate and has met the requirements to proceed to the prosecution stage and judicial examination at trial. This analysis also includes an alternative decision (obiter dictum) based on legal considerations prior to the pronouncement of the judge’s verdict.

Analisis Hukum dalam Kasus Pemerkosaan Berdasarkan Berita Acara Pemeriksaan (BAP) No: Lp/03/1/2022/Ntt/ Reskrim Manggarai Timur

Finsensius Samara — 2026-01-02

This study examines the crime of rape as reflected in the Berita Acara Pemeriksaan (BAP) in a rape case that occurred in East Manggarai Regency. This case demonstrates intentional sexual violence, accompanied by threats and physical violence, resulting in profound physical suffering and psychological trauma for the victim. Using a normative juridical approach, examining the victim's testimony and applicable criminal law provisions, this study examines the elements of rape as stipulated in Article 285 of Kitab Undang-Undang Hukum Pidana (KUHP). The results indicate that the perpetrator's actions met the elements of coercion, violence, and intercourse without the victim's consent. Furthermore, this case illustrates the weakness of initial protection for victims when amicable resolution fails to provide justice and instead opens up opportunities for recurrence. Therefore, this study emphasizes the importance of firm law enforcement, recovery-oriented victim protection, and the role of law enforcement officials in guaranteeing the rights of victims of sexual violence.

Analisis Berita Acara Pemeriksaan (BAP) No: SP-SIDIK/1431/IX/2023/Reskrim tentang Pembunuhan Berdasarkan Keterangan Ahli Pidum (Pidana Umum)

Finsensius Samara — 2026-01-02

The crime of murder, as stipulated in Article 338 of the Criminal Code, requires a thorough understanding of the law, particularly regarding the fulfillment of the elements of the crime and the criminal responsibility of the perpetrators. This study aims to analyze the opinions of criminal law experts in the investigation of an alleged murder case involving more than one perpetrator, as stated in the expert's Investigation Report (BAP) at the Kupang City Police. The method used is a normative juridical approach, examining statutory provisions, criminal law doctrine, and expert testimony as evidence in the law enforcement process. The results of the study indicate that the application of Article 338 of the Criminal Code must be based on proof of an act that intentionally took the life of another person, whether committed individually or collectively, as stipulated in Article 55 of the Criminal Code. Expert opinion plays a crucial role in helping investigators and law enforcement officers understand the legal construction of a criminal incident objectively and proportionally. Thus, the presence of expert testimony not only strengthens the evidentiary process but also ensures that the application of criminal law is carried out fairly, carefully, and in accordance with the principle of legal certainty.

Keabsahan Tanda Tangan Elektronik dalam Perspektif Hukum Positif di Indonesia

Nassya Valya Nabila — 2026-01-02

The rapid development of information technology has driven digital transformation in various legal practices, including the use of electronic signatures in civil law transactions. In Indonesia, electronic signatures have been legally recognized through Law Number 11 of 2008 on Electronic Information and Transactions as amended by Law Number 19 of 2016. Nevertheless, in practice, debates continue to arise regarding the legal validity of electronic signatures, particularly in relation to civil law principles and notarial law, as well as the emergence of legal, technological, and literacy-related issues within society. This study aims to analyze the legal validity of electronic signatures from the perspective of Indonesian positive law and to examine the legal, technological, and literacy issues arising from their implementation, along with efforts to minimize such challenges. This research employs a normative legal research method using statutory and conceptual approaches by examining primary and secondary legal materials. The findings indicate that electronic signatures possess legal force and binding legal effect provided that the requirements stipulated under the Electronic Information and Transactions Law are fulfilled. However, their application is not absolute and must be harmonized with other legal provisions, particularly those governing authentic deeds. Furthermore, legal, technological, and literacy issues remain significant challenges that require regulatory harmonization, strengthened governmental supervision, and improved legal and technological literacy to ensure legal certainty in the use of electronic signatures in Indonesia.

Pandangan K. H. Husein Muhammad tentang Pernikahan Dini dan Implikasinya terhadap Remaja Madrasah Tsanawiyah

Mazroatus Sa’adah — 2026-01-02

This study aims to analyze K. H. Husein Muhammad’s views on the practice of early marriage and to identify the factors influencing its occurrence among Madrasah Tsanawiyah adolescents, as well as its implications for their attitudes, understanding, and behavior. Employing a descriptive qualitative approach, this research utilizes library studies on the works and thoughts of K. H. Husein Muhammad, complemented by documentation and supporting interviews to explore in depth the construction of this religious scholar’s ideas regarding early marriage and their relevance to adolescent education. Research informants included the head of the madrasah, Islamic Education teachers, and three students selected through purposive sampling. Interview results show that the head of the madrasah and Islamic Education teachers view K. H. Husein Muhammad’s emphasis on the principles of public welfare (maslahah), gender justice, and child protection in the framework of progressive fiqh as highly relevant educational foundations for preventing early marriage within the MTs environment. Factors contributing to early marriage among adolescents include socio-cultural conditions, economic constraints, misconceptions about religious teachings, social media influence, promiscuity, and family pressure. Interviews conducted at MTs Al-Asyhar Karangagung, Palang, Tuban Regency indicated that the values embedded in his thoughts have been internalized through madrasah education, such as strengthening educational awareness and prioritizing the pursuit of knowledge, understanding mental, moral, and economic readiness, fostering critical attitudes toward early marriage, increasing awareness of gender justice, promoting religious moderation, and cultivating ethical social interactions. Overall, this study affirms that K. H. Husein Muhammad’s ideas hold significant relevance for educational efforts and the prevention of early marriage in madrasah settings, while also contributing to the development of a responsive fiqh perspective on contemporary adolescent issues.

Penemuan Hukum terhadap Kekosongan Norma Informed Consent Pasien Anak dalam Praktik Pelayanan Kesehatan di Indonesia

Muhammad Rifani — 2026-01-02

This study aims to analyze legal discovery regarding the normative void (vacuum of norm) of informed consent for pediatric patients within healthcare service practices in Indonesia. Normative legal research is employed, focusing on positive legal norms, legal principles, and evolving legal doctrines in health law. The research utilizes a statute approach and a conceptual approach. Based on the normative and conceptual analysis, it is concluded that Indonesian positive law still contains voids and ambiguities regarding informed consent for pediatric patients. The lack of synchronization between health law, child protection law, and civil law results in legal uncertainty in healthcare practices, particularly in determining the capacity of children to provide medical consent.

Analisis Yuridis Tindak Pidana Pencurian dengan Kekerasan Berdasarkan Berita Acara Pemeriksaan (BAP): Studi Kasus Nomor: Lp/B/196/X/2025/Spkt/Polres Malaka/Polda Ntt

Fisensius Samara — 2026-01-02

This study aims to analyze the legal eligibility of this crime to be brought to trial, has fulfilled the Criminal Code Article 365 and the verdict for the case of theft with violence that occurred in the Malaka Police area based on the Investigation Report. The Investigation Report (BAP) has an important position as the main instrument in the process of evidence in the criminal justice system in Indonesia. This study examines the BAP in a case of alleged theft with violence in Malaka Regency with victims AL and the accused M and his friends. Based on the results of the study, all elements of Article 365 of the Criminal Code were proven through the actions of blocking, making threats using sharp weapons, seizing the victim's belongings, and burning a motor vehicle. The initial evidence collected includes statements from victims, witnesses, and evidence showing that the case meets the formal and material requirements to be submitted to court. Juridically and sociologically, the perpetrators deserve to be given severe criminal sanctions as an effort to enforce the law, provide a deterrent effect, and prevent the potential for social conflict in the community.

Analisis Yuridis Tindak Pidana Pembunuhan Berencana: Studi Kasus Berdasarkan Berita Acara Pemeriksaan dari Laporan Polisi NO. POL LP/15/X/2016/POLDA NTT/RES ST/SEK LEWA/Sub Sektor Nggoa

Finsensius Samara — 2026-01-02

This study analyzes a case of premeditated murder that occurred in Makaminggit Village, East Sumba Regency, East Nusa Tenggara, based on report no. lp/15/x/2016/polda NTT, dated July 20, 2012. This case involves a man named YULIUS MUTU ROMU alias LIUS as the suspect, FREDERIKA KAITA ATA ENDI alias EDA as the reporter, KATUHI LALANG alias BAPAK EDA and KONDA NGGUNA alias ATU KONDA as the victims. The case was accompanied by a legal representative appointed by the police named UMBU TONGA, SH. This study uses a normative legal research method with a case approach and descriptive analysis of the examination records (BAP) as the primary data source. Our research findings on this case indicate that: (1) this case is eligible to proceed to trial based on the official report, the defendant's statement which is transparent and honest, along with the evidence; (2) all elements of Article 340 of the Criminal Code have been fulfilled.

Analisis Yuridis terhadap Kasus Pencemaran Nama Baik melalui Media Sosial: Studi Kasus Tuduhan 'Mafia BBM' terhadap AM

Fisensius Samara — 2026-01-02

This research analyzes the legal implications and proof of defamation crimes committed through social media platforms, especially TikTok, within the context of Article 310 paragraph (1) of the Indonesian Criminal Code (KUHP). The case studied involves the alleged defamation against Algajali Munandar, who was publicly accused of being a "Fuel Oil (BBM) Mafia" through a widely distributed video upload. The objective of this research is to examine how the criminal elements, namely attacking one's honor and clear intent for it to be publicly known, can be judicially proven using digital evidence. The analysis results indicate that the serious accusation spread virally on social media clearly fulfills the required elements of the defamation offense. However, this research also highlights a significant trend in law enforcement: the resolution of the case through Restorative Justice. Although the criminal basis was established, the RJ approach was chosen as an alternative to restore the victim's reputation and prevent conflict escalation, thereby demonstrating a shift in the law enforcement paradigm from retributive to reconciliatory. This study concludes that Article 310 of the KUHP remains relevant and effective in prosecuting perpetrators in the digital space, but the RJ mechanism provides a solution that is more oriented toward victim recovery.

Pengaruh antara Dukungan Sosial Teman Sebaya dan Penyesuaian Diri pada Santri Baru di Pondok Pesantren Surabaya

Eryn Uma Rizka — 2026-01-02

Self-adjustment is a crucial ability that determines the success of new students in adapting to the environment of Islamic boarding schools, which differ from their home life in terms of rules, values, and social interaction patterns. This transition often creates emotional and social challenges that can affect students’ psychological well-being. The purpose of this study was to examine the effect of peer social support on the self-adjustment of new students at three Islamic boarding schools in Surabaya. The research employed a quantitative approach with a correlational design involving 101 new students who had lived in dormitories for less than six months. The results showed that peer social support had a positive and significant effect on self-adjustment (r = 0.530; p < 0.001; R² = 0.281). Students who received emotional, acceptance, and tangible support from peers demonstrated better adaptation in social, academic, and spiritual domains. These findings support Cohen and Hoberman’s theory that social support acts as a psychological buffer in stressful adaptation processes. Furthermore, the study highlights the importance of interpersonal relationships in enhancing students’ well-being. The implications suggest the need for developing peer-based counseling and support programs to help new students adapt more effectively within Islamic boarding school environments.

Analisis Berita Acara Pemeriksaan (BAP) Pasal 338 KUHP Jenis “Pembunuhan Biasa”: Studi Kasus Tindak Pidana Penganiayaan yang Mengakibatkan Kematian di Kelurahan Nunu, Kecamatan Tatangga, Kota Palu

Finsesius Samara — 2026-01-02

This article analyzes the criminal offense of assault resulting in death based on a case study in Palu City. The article employs a normative legal research method with a case study approach, supported by secondary data in the form of investigation reports, witness statement, and physical evidence. The results show that the perpetrator’s physical kaviolence against the victim’s vital body parts caused a causal relationship with the death. Juridically, the act fulfills the elements of a criminal offense as regulated in Article 338 of the Indonesian Criminal Code and Article 351 paragraph (3). This study emphasizes the importance of accuracy in offense qualification in cases of assault resulting in the loss of human life.

Implikasi KUHP Baru terhadap Status Anak dari Hubungan Kohabitasi di Indonesia serta Kewajiban Tenaga Kesehatan

Sabrina Nuraini Sari — 2026-01-02

The 2023 Indonesian Criminal Code reform introduces the criminalization of cohabitation under Article 412, raising concerns regarding its implications for the civil status of children and vital administrative procedures. Although cohabitation is criminalized as a complaint-based offense, the provision may lead to misinterpretation among healthcare providers and civil registry officers, particularly regarding the issuance of birth certificates. Employing a normative juridical method with statutory, conceptual, and case approaches, this study examines the interaction between Article 412 of the Criminal Code, the Marriage Law, Constitutional Court Decision No. 46/PUU-VIII/2010, the Population Administration Law, and the 2023 Health Law. The findings indicate that the criminalization of cohabitation does not alter the civil status or rights of children, which remain protected through recognition mechanisms and identity rights. However, regulatory gaps persist due to the absence of clear implementation guidelines, posing risks of administrative barriers. Regulatory harmonization and technical directives are therefore necessary to ensure that children’s rights remain fully protected regardless of their parents’ legal circumstances.

Studi Lanjutan Sebagai Alasan Perceraian di Pengadilan Agama Ambon dan Raha

Reffa Rahmanayla Triyandani — 2026-01-04

The increasing participation of women in higher education often intersects with patriarchal norms and triggers domestic conflicts leading to divorce. Indonesian positive law does not explicitly regulate higher education as a ground for divorce; however, judicial practice demonstrates that education frequently appears within the context of marital breakdown. This study examines judicial considerations in the Decisions of the Religious Court of Ambon No. 242/Pdt.G/2020/PA.Ab and the Religious Court of Raha No. 0357/Pdt.G/2020/PA.Rh through normative research using a case approach, focusing on the basis of judicial reasoning, statutory interpretation, and the application of the maqashid al-shari’ah perspective. The findings indicate that higher education is not treated as an independent legal ground for divorce, but rather as a social context accompanying objectively proven marital breakdown, including prolonged separation, loss of communication, failure to fulfill marital obligations, and abandonment. Judges applied extensive and teleological interpretations of Article 19 letters (b) and (f) of Government Regulation No. 9 of 1975 in conjunction with Article 116 letters (b) and (f) of the Compilation of Islamic Law, reflecting a no-fault divorce approach that emphasizes the failure of marital functions rather than fault-based reasoning. A disparity in systematic interpretation is identified: the Religious Court of Ambon emphasizes the failure of marital objectives through a legal-formal approach, while the Religious Court of Raha prioritizes the protection of the wife through a gender-responsive, legal-substantive approach. From the perspective of maqāṣid al-sharīʿah, divorce in cases involving higher education is justified to safeguard the five essential objectives of Islamic law and to prevent greater harm than maintaining a disharmonious marriage.

Penentuan Batas Dewasa dalam Peralihan Hak Atas Tanah Berdasarkan KUHPerdata dan Surat Edaran Menteri ATR/KA.BPN Nomor 4/SE/I/2015

Khalusha Aulia — 2026-01-08

Law Number 5 of 1960 on Agrarian Principles and its related rules define land rights transfer as transferring ownership or control over land. The transfer of ownership rights raises questions about the minimum age to establish a legal entity. In land services, the age of majority is 18 or after marriage, under Circular Letter of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Head 4/SE/I/2015. In contrast, Article 330 of the Criminal Code defines adulthood at 21 or marriage. These discrepancies in rules create legal confusion for legal organisations who transfer land rights between 18 and 21. The researcher employed a normative legal method to evaluate Indonesian land transfer law and legal certainty among 18–21-year-olds. According to research, a property Deed Official (PPAT) is a public official authorised to issue deeds of transfer of ownership in Indonesia, and all property rights transfers must comply with the UUPA and its laws. In land services, Circular Letter of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (BPN) No. 4/SE/I/2015 is legally binding. When legally mature people transfer land rights according to procedures, their actions are valid and binding. This circular meets the public's land service needs without court orders.

Pemberian Ganti Rugi kepada Konsumen Akibat Tindakan Anti Persaingan di Indonesia: Studi Putusan Komisi Pengawas Persaingan Usaha Nomor 25/KPPU-I/2009 tentang Penetapan Harga Fuel Surcharge

Ghifari Mardhi Muhammad — 2026-01-08

The determination of compensation due to anti-competitive actions should be given to consumers, because the Competition Law actually regulates the determination and payment of compensation to the injured party, namely the business actor or the injured community/consumers. However, in practice, the losses arising from the actions of business actors are only paid to the aggrieved business actors or the state treasury, where the state is not a direct aggrieved party, but consumers. Providing compensation to consumers due to anti-competitive actions is a relevant matter when applied with various mechanisms that can be taken by consumers.

Analisis Hukum Keluarga Islam terhadap Penetapan Nomor: 51/Pdt.P/2024/PA:Prw tentang Penolakan Dispensasi Kawin Akibat Penggerebekan

Muhammad Taufiqurrahman — 2026-01-10

Studies on marriage dispensation in Indonesia have predominantly focused on the factors underlying the approval of applications and the social reasons contributing to child marriage practices. Previous research tends to position marriage dispensation as a legal solution to social and moral pressures, while studies that specifically examine the rejection of marriage dispensation and its implications for strengthening child protection within the framework of Islamic family law remain relatively limited. This condition reveals a research gap, particularly concerning the shifting paradigm of religious court decisions that increasingly prioritize the best interests of the child as a primary consideration. This study aims to analyze the judges’ legal reasoning in rejecting a marriage dispensation application in the Decision of the Pringsewu Religious Court Number 51/Pdt.P/2024/PA.Prw and to examine its conformity with the principles of Islamic family law. Employing a normative juridical approach with qualitative descriptive analysis, this research examines court decisions, relevant statutory regulations, and the doctrine of maqāṣid al-sharī‘ah. The analysis focuses on the implementation of Law Number 16 of 2019 and Supreme Court Regulation (PERMA) Number 5 of 2019 in the context of child protection. The findings indicate that the rejection of the marriage dispensation was based on considerations of child protection, continuity of education, psychological readiness, and reproductive health. From the perspective of Islamic family law, the decision reflects the application of maqāṣid al-sharī‘ah, particularly the protection of lineage (ḥifẓ al-nasl). This study concludes that marriage dispensation is not an absolute legal right, but a conditional legal policy that must prioritize public welfare and the best interests of the child.

Revisiting Article 33(3) of the Constitution of the Republic of Indonesia Through the Perspective of Law and Economics

Lewiandy Lewiandy — 2026-01-10

This paper explores the connection between Article 33(3) of the 1945 Constitution of Indonesia, the welfare state theory, and the Kaldor-Hicks efficiency principle in the management of natural resources, particularly in the oil and gas sectors, using a normative juridical method. Since independence, Indonesia has been founded on the rule of law, ensuring justice, equality, and protection for its citizens. Article 33(3) establishes the philosophical and economic foundation of Indonesia’s welfare state by mandating that vital sectors and natural resources be controlled by the state for the people’s prosperity. However, globalization and excessive state monopolization have created inefficiency, corruption, and slow growth. Integrating the welfare state theory, which emphasizes public welfare, with the Kaldor-Hicks principle, which values policies that increase overall societal well-being even if some are disadvantaged, provides a more balanced framework. Allowing private participation under strict state supervision can enhance efficiency and innovation while maintaining constitutional integrity. The term “state control” should be understood as a regulatory and supervisory function rather than absolute ownership, ensuring accountability, transparency, and fairness. Thus, effective governance requires the state to act as both facilitator and regulator, balancing social justice and economic efficiency. This combination of welfare and efficiency theories, analyzed through a normative juridical approach, supports a constitutional model that promotes equitable and sustainable national prosperity.

Analisis Hukum Keluarga Islam tentang Sebambangan Naeki pada Adat Ogan Studi di Desa Bunglai Kecamatan Kedaton Peninjauan Raya Kabupaten Ogan Komering Ulu

Siska Purnama Sari — 2026-01-10

Sebambangan naeki is a unique tradition in which a girl actively goes to the home of her prospective husband, who is still unmarried, to ask to be married. If the man refuses, the girl will insist on not returning home until he marries her. This practice is often carried out by girls who have not yet reached the ideal age for marriage according to modern standards. In the context of Ogan customary law, the dowry, which is usually very high—namely 5 suku (units) of gold, 500 kilograms of dodol, and money amounting to 50 million rupiah—is adjusted to the financial capability of the man’s family. This research aims to describe the implementation process of sebambangan naeki in Ogan customary law and to analyze its compatibility with Islamic family law in the community of Bunglai Village. The research method used is descriptive-analytical qualitative research, with a field study approach and data collection from primary sources (observation, interviews) and secondary sources (fiqh books, journals, and legislation). The results of the study show that sebambangan naeki is carried out as a way to shorten the marriage process, mainly due to economic factors, the desire to accelerate marriage, lack of parental consent, or the presence of disgrace such as pregnancy outside of marriage. The process includes notification through a farewell letter, reporting to the village government, family deliberation (called nyuhok kesalahan), and administrative settlement. From the perspective of Islamic law, this tradition can be considered valid if it fulfills all the pillars and conditions of marriage, including the consent of both parties and the giving of a dowry. However, aspects of maturity (baligh) and public interest (maslahah) must be taken into consideration, especially because many of the participants are underage teenagers. From the perspective of Indonesian positive law, this practice often conflicts with Law Number 16 of 2019 on Marriage, which sets the minimum age at 19, so underage couples require a dispensation from the Religious Court. The conclusion of this study is that sebambangan naeki is a complex customary solution, situated at the crossroads between the recognition of customary and religious norms on the one hand, and state legal provisions on the other. Therefore, synergy is needed among traditional leaders, the government, and religious institutions to provide comprehensive understanding to the community, so that positive customary values can be preserved without neglecting legal protection, especially for children and women.

Hak Cipta sebagai Jaminan (Agunan) dalam Jaminan Kredit di Perbankan

Nendyanata Anugrah Pratama — 2026-02-01

The creative industry in Indonesia has experienced significant growth over the past few years. All works produced within this sector are protected under the intellectual property regime, particularly Copyright, as a form of legal protection for the creative outputs of individuals or groups. Nevertheless, the majority of creative economy actors, especially small- and medium-scale enterprises, continue to encounter substantial constraints in accessing financing. Intangible assets, such as Copyright, are not yet widely understood or recognized by financial institutions, particularly banks, as acceptable collateral for credit facilities. In fact, Copyright possesses tangible economic value, including income derived from royalties, licensing arrangements, and exclusive contracts, which may serve as a legitimate basis for assessing creditworthiness. Indonesian banking institutions have a principal function as collectors and distributors of public funds, as stipulated in Article 3 of Law Number 10 of 1998 concerning Banking. In providing credit to customers, banks are required to apply the prudential Principle, commonly known as the 5C Principle, which consists of Character, Capacity, Capital, Collateral, and Condition of the Economy. One form of security interest recognized under Indonesian law is fiduciary security, which may be imposed upon movable property, whether tangible or intangible, as well as upon specific immovable property other than those eligible to be encumbered with mortgage rights, as provided in Article 1, point 2 of Law Number 42 of 1999 concerning Fiduciary Security. Copyright constitutes one category of property that may be pledged as an object of fiduciary security pursuant to Article 16 paragraph (3) of Law Number 28 of 2014 concerning Copyright. Accordingly, based on these statutory provisions, Copyright should, in Principle, be eligible to serve as collateral for bank credit. However, in practice, banking institutions remain reluctant to accept Copyright as credit collateral for various reasons.

Penguasaan Tanah Ulayat yang Belum Terdaftar oleh Investor melalui Kontrak Karya: Tinjauan Yuridis terhadap Kasus PT Gag Nikel

Bhisma Dewanata — 2026-02-10

The acquisition of customary land by mining companies often raises legal issues. Although customary land has constitutional recognition, the lack of administrative registration creates legal uncertainty, especially when ethics align with significant interests such as investment. This article analyzes the legality of PT Gag Nikel's acquisition of customary land, which operates under a Contract of Work (CoW), within the context of Law Number 4 of 2009 concerning Mineral and Coal Mining, as amended by Law Number 3 of 2020 (hereinafter referred to as the Minerba Law). This research uses legal research methods with statutory, conceptual, and case-based approaches. The results indicate that agreements between companies and indigenous communities are valid only if they meet consensual requirements and do not conflict with higher-level laws. Unauthorized agreements have low binding force and are vulnerable to revocation, especially when there is resistance from the aggrieved party or indications of default, as in the case of PT Gag Nikel. This article offers recommendations for legal reconstruction regarding the formal legalization mechanism for customary land agreements to strengthen the protection of indigenous communities while providing certainty for investors.

Akibat Hukum terhadap Kekuatan Eksekutorial Sertifikat Hak Tanggungan dalam Hal Objek Jaminan Musnah karena Bencana Alam

Kadek Septian Dharmawan Prastika — 2026-02-16

This research is motivated by legal issues arising from the destruction of collateral objects under land mortgage rights, due to natural disasters, which renders the executorial power of the mortgage certificate unenforceable and creates legal uncertainty for creditors. The research problems include identifying the forms of legal protection available to creditors and determining the legal consequences for the executorial power of the mortgage certificate when the collateral object is lost. The objective of this research is to analyze both preventive and repressive legal protections for creditors and to explain the shift in the creditor’s position from a separatist creditor to a concurrent creditor pursuant to Article 1131 of the Civil Code. The research provides theoretical benefits by enriching the study of security law and practical benefits by offering guidance for banking institutions, notaries, and policymakers. The method employed is normative legal research using statutory, conceptual, and case approaches, with qualitative analysis of legal materials. The findings indicate that the destruction of the collateral object eliminates the creditor’s ability to execute the collateral through parate execution however, it does not extinguish the creditor’s claim against the debtor, which may still be pursued through general guarantees and alternative protection mechanisms such as insurance claims or substitute collateral. The conclusion of this research emphasizes the need for specific regulation regarding the risks associated with the destruction of collateral objects. The recommendations include mandating insurance coverage, improving relevant regulations, and enhancing risk-mitigation efforts by creditors.

Upaya Pencegahan dan Penanggulangan Tindak Pidana Terorisme oleh Detasemen Khusus 88 Anti Teror

M Imam Muslim — 2026-02-20

Terrorism is categorized as an extraordinary crime that threatens national security, state stability, and public safety. Its countermeasures require specific legal instruments and specialized law enforcement agencies with strategic authority, one of which is the Special Detachment 88 Anti-Terror (Densus 88 AT) of the Indonesian National Police. This study aims to analyze the preventive and repressive efforts undertaken by Densus 88 AT in combating terrorism, particularly in the case of the Jama’ah Islamiyah (JI) network in South Sumatra, and to identify the obstacles encountered in its implementation. This research employs a normative-empirical legal research method with statutory, conceptual, and case approaches. The data were obtained through library research examining statutory regulations, legal doctrines, and relevant literature, as well as field research conducted through interviews with Densus 88 AT officers, community leaders, legal academics, and former terrorism convicts. The findings indicate that the preventive measures carried out by Densus 88 AT in South Sumatra include counter-radicalization, counter-ideology, and counter-narrative strategies implemented through socialization programs in schools, government institutions, private sectors, mass media, as well as guidance and empowerment programs for former terrorism convicts. Meanwhile, repressive measures are conducted through investigation, arrest, search and seizure, and law enforcement proceedings against members and supporters of the Jama’ah Islamiyah network, including those involved in terrorism financing. The obstacles faced include the widespread dissemination of radical ideology through digital media, the clandestine and organized nature of terrorist networks, limited community participation, and the challenge of maintaining a balance between effective law enforcement and the protection of human rights. Based on these findings, it can be concluded that the counterterrorism efforts undertaken by Densus 88 AT in South Sumatra have been implemented through a comprehensive approach integrating preventive and repressive measures. The effectiveness of this strategy depends on cross-sectoral synergy, strengthening societal ideological resilience, and the professionalism of law enforcement officers in carrying out their duties in accordance with the principles of the rule of law.