Virtual Conference Law Sinergy Conference International Forum on Research in Education, Social Sciences, Technology, and Humanities The International Forum on Research in Education, Social Sciences, Technology, and Humanities, now known as the Society Synergy Conference, is an annual international conference. This conference is designed to accelerate the advancement of science and technological innovation as well as the use of technology in supporting pedagogical and humanities processes. Society Synergy Conference is considered one of the largest conferences in Southeast Asia and has proven successful in inviting leading researchers, scholars, and lecturers from around the world to present a variety of topics. The purpose of the Society Synergy Conference is to exchange and share ideas and research findings between speakers and audiences. Additionally, it serves as an open forum to discuss current trends, innovations, challenges faced, and solutions implemented in the fields of science, education, and technology. Panitia Indri Meiliawati, S.H.,M.Kn Sri Windani, S.H., M.H Talita Syamantha, S.H., M.H Rizky Ayu, S.H., M.H Dicky Hardian, S.H.,M.Kn Dr.Rafiqi,SH,MM,M.Kn Conference Title : Law Sinergy Conference Initials : LSC Frequency : Every years E-ISSN : 3048-3530 DOI Prefix : Editor in Chief : Rizky Ayu Publisher : PT. Sinergi Legal Publisher INDEXED :
LEGAL ANALYSIS OF LABOR CRIMES REVIEWED FROM LAW NUMBER 1 OF 1970 CONCERNING WORK SAFETY FOR OTHER PEOPLE IN THE WORKPLACE
Fulfillment of protection for workers is the responsibility of the government, workers and employers which is then stated in regulations and must be implemented by each company, the government and companies must synergize with each other in order to realize the guarantee of safety and health for workers. However, work safety for other people in the workplace must also be the responsibility of the corporation to guarantee protection for everyone else in the workplace. This study aims to analyze the application of corporate criminal law and legislation in the case of non-implementation of K3 protection for workers/laborers which has not been running optimally, what factors are the criminal responsibility of corporations in the occurrence of labor crimes for others, and a legal analysis of labor crimes against everyone else in the workplace according to Law No. 1 of 1970 concerning Work Safety. Based on this research, it is concluded that pThe application of corporate criminal law and legislation in terms of non-implementation of K3 protection for workers/laborers that has not been running optimally, namely the lack of company awareness of K3 protection for workers/laborers so that there are still many companies that violate the law and do not implement the K3 provisions which can result in work accidents. The factor of corporate criminal responsibility in the occurrence of labor crimes against every other person, namely the corporation as the perpetrator of the crime, corporate administrators, giving orders, controlling holders, beneficial owners of the corporation, differences of interest between the corporation and workers. The legal analysis of labor crimes against every other person in the workplace according to Law No. 1 of 1970 concerning Occupational Safety, namely according to Article 14 letter c of Law No. 1 of 1970 concerning Occupational Safety 4 states that "The administrator is required to mprovide free of charge, all personal protective equipment that is required for workers under their leadership and provide it to every other person who enters the workplace, accompanied by the necessary instructions according to the instructions required according to the instructions of the supervisory employee or work safety expert", therefore the corporation must also be responsible for protecting every other person who is in the company's workplace and the corporation can be found guilty of a criminal offense committed and punished.
Copyright (c) 2025 Muhammad Mujahidin ZA , Rahmayanti https://creativecommons.org/licenses/by-sa/4.0
NON-PERFORMING LOANS AND UNILATED CONFISCATION BY LEASING COMPANIES LEGAL REVIEW OF DEBTORS' LEGAL PROTECTION IN FIDUCIARY AGREEMENTS
Fiduciary agreement is one of the legal instruments widely used in consumer financing practices, especially in the motor vehicle purchase sector through a leasing scheme. In this system, the vehicle becomes the object of fiduciary collateral that remains in the control of the debtor, while the ownership rights are legally transferred to the creditor until the debt is paid off. Although this mechanism is legally valid and supported by Law Number 42 of 1999 concerning Fiduciary Collateral, in practice there are often deviations, especially in terms of execution of collateral by leasing companies when debtors experience bad credit. One of the most crucial forms of deviation is the act of unilateral confiscation or withdrawal of fiduciary objects without going through the proper legal process, often carried out without a fiduciary certificate and involving uncertified debt collectors. This study aims to examine the provisions of Indonesian positive law governing the procedure for executing fiduciary guarantees in cases of bad debts and to evaluate the form of legal protection that can be provided to debtors against unilateral confiscation practices by leasing companies. Using a normative legal approach and qualitative analysis, this study analyzes related laws and regulations, including the Fiduciary Guarantee Law, the Consumer Protection Law, and a number of Constitutional Court Decisions such as Decision Number 18/PUU-XVII/2019, Number 2/PUU-XIX/2021, and Number 71/PUU-XIX/2021. The results of the study indicate that unilateral execution of fiduciary guarantees without a court order is contrary to the principle of due process of law and does not guarantee fair legal protection for debtors. This study recommends the need for more consistent law enforcement, increased supervision of financing companies, and strengthening public legal literacy, so that debtors' rights can be effectively protected in fiduciary contracts. Comprehensive legal protection is not only important to maintain the balance of legal relations between debtors and creditors, but also to create a healthy, fair, and civilized national financing climate.
Copyright (c) 2025 Ismed Ismed, Fitri Rafianti https://creativecommons.org/licenses/by-sa/4.0
The Concept of Criminal Liability in Fraud Crimes Involving the Use of Artificial Intelligence
Advances in information technology have significantly impacted the modus operandi of criminal acts, particularly digital-based fraud. The use of Artificial Intelligence (AI) in cybercrimes, including fraud, poses new challenges for the criminal law system. This article aims to analyze the concept of criminal liability for perpetrators who use AI as a tool to commit fraud. The method used is normative research with a legislative and conceptual approach. The development of artificial intelligence (AI) technology has presented new challenges in the world of criminal law, particularly related to fraud. AI, originally designed to assist human activities, can now be misused as a tool to carry out fraudulent acts in increasingly complex and difficult-to-detect ways. The use of AI in these crimes not only changes the nature of the crime itself but also raises problems in determining criminal liability. This study aims to examine the concept of criminal liability in fraud crimes involving artificial intelligence, both when AI is used as a tool by a human perpetrator and when AI operates autonomously, obscuring the perpetrator's identity. The primary focus of this study is an analysis of how Indonesian criminal law accommodates these cases within the current criminal liability framework. The method used in this research is a normative juridical method, with legislative, conceptual, and comparative approaches. This research also examines several international case studies and analyzes relevant legal literature. This is done to find common ground between conventional criminal law principles and disruptive digital technology developments.
Copyright (c) 2025 Rudi Salam Tarigan, Mhd. Azhali Siregar, Rahmayanti Rahmayanti https://creativecommons.org/licenses/by-sa/4.0
Effectiveness of Implementing Restorative Justice in the Indonesian Criminal Law System Opportunities and Challenges
Restorative Justice (RJ) is an alternative approach in the criminal law system that emphasizes the restoration of relationships between perpetrators, victims, and the community. In Indonesia, the implementation of RJ has been accommodated through regulations such as Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This approach has proven effective in reducing overcapacity in correctional institutions, accelerating case resolution, and providing more substantive justice for all parties. RJ also offers a more humane solution, by providing space for perpetrators to correct their mistakes and victims to obtain emotional and material recovery. However, the implementation of RJ in Indonesia is not free from challenges. Limited regulations that only cover certain cases, lack of public understanding, and limited capacity of law enforcement officers are the main obstacles. In addition, the lack of supporting infrastructure, such as mediation facilities and professionals who understand the concept of RJ, also hampers the effectiveness of its implementation. To overcome these challenges, strategic steps are needed, including expanding the RJ legal framework, increasing training for law enforcement officers, and educating the public about the benefits of RJ in creating more inclusive justice. This study concludes that RJ has great potential to improve the Indonesian criminal justice system by creating more humane and meaningful justice. With regulatory strengthening, capacity building, and community support, RJ can be an effective solution to overcome the weaknesses of the conventional criminal justice system.
Copyright (c) 2024 Manase Putra Tarigan , Yasmirah Mandasari Saragih , T Riza Zarzani https://creativecommons.org/licenses/by-sa/4.0
LEGALITY OF DIGITAL EVIDENCE IN PROVIDING CYBER CRIMES IN COURT
The development of crime in the digital era has given rise to new challenges in the criminal justice system, especially in terms of evidence. Digital evidence is now a central element in cybercrime cases, replacing the dominance of conventional evidence. Although positive Indonesian law, through Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) and its amendment in Law Number 19 of 2016, has explicitly recognized electronic information and/or electronic documents as valid legal evidence, this normative recognition has not been fully effective in court practice. This article examines the legal basis for recognizing digital evidence, the challenges of its application in the criminal justice process, and the need for regulatory updates and strengthening institutional capacity. Using a normative legal approach and analysis of a number of jurisprudence, it was found that digital evidence is very vulnerable to issues of integrity, authenticity, and procedural deviations, such as ignoring the chain of custody. The lack of uniformity in technical procedures in criminal procedure law also worsens the position of digital evidence before judges. Therefore, a comprehensive revision of the Criminal Procedure Code and the establishment of digital forensic technical guidelines are needed to ensure the legality and effectiveness of evidence in cybercrime cases. This study shows that without the support of adaptive regulations and digitally competent officers, the recognition of digital evidence will lose its functional power in upholding criminal justice.
Copyright (c) 2025 Khairul Huda Rizka, Fitri Rafianti, Mhd. Azhali Siregar https://creativecommons.org/licenses/by-sa/4.0
THE POSITION OF PRE-TRIAL IN GUARANTEING THE PROTECTION OF THE RIGHTS OF SUSPECTS AGAINST ABUSE OF INVESTIGATORS' AUTHORITY
This study examines the position and effectiveness of pre-trial proceedings as a supervisory mechanism for investigators in the Indonesian criminal procedure system. Pre-trial proceedings are presented as a form of judicial control to prevent abuse of authority by law enforcement officers in the early stages of the judicial process. This study was conducted using a normative approach through analysis of laws and regulations, Constitutional Court decisions, and related legal literature, particularly by highlighting the transformations following Constitutional Court Decision No. 21/PUU-XII/2014, which expanded the scope of pre-trial proceedings. The research findings indicate that, normatively, pre-trial proceedings have a strong legal basis and play a crucial role in upholding the principle of due process of law. However, in practice, the effectiveness of this institution still faces several serious obstacles. These issues include inconsistent interpretations by judges, unequal positions between applicants and respondents, and the dominance of a procedural formalism approach that ignores the substantial aspects of rights violations. Furthermore, the absence of a firm accountability system for investigators who violate the law, as well as the potential for manipulation of this institution by interested parties, further weaken the oversight function that pre-trial proceedings should perform. This study recommends reforming the pretrial system, including strengthening the capacity of judges, drafting specific legislation on pretrial proceedings, and restructuring examination procedures to take into account the principle of substantive justice. Without these changes, pretrial proceedings risk becoming a pseudo-mechanism, existing legally and formally but failing functionally to protect citizens' rights from abuse of investigators' authority.
Copyright (c) 2025 Aulia Rahman Hakim Hasibuan , Heru Gunawan Harahap , Muhammad Arfan https://creativecommons.org/licenses/by-sa/4.0
Reform of the Sentencing Paradigm in the Indonesian Criminal Law System
This study aims to analyze the weaknesses of Indonesia's criminal justice system, which remains dominated by a retributive paradigm, and to propose a reform model oriented toward humanity and social justice based on Pancasila values. Using a normative juridical approach through library research, this study examines relevant legal norms, classical and modern theories of punishment, and the implementation of restorative justice both in Indonesia and other jurisdictions. The results show that the retributive paradigm has proven ineffective in reducing recidivism and has created social problems such as prison overcrowding and weak social reintegration of offenders. Therefore, a paradigm shift toward a humanistic and restorative penal system is required, positioning offenders, victims, and communities in an equal relationship before the law. The proposed reform includes reorienting punishment objectives from punishment-oriented to restoration-oriented, adopting non-custodial sanctions, and strengthening rehabilitation-based correctional policies. The findings highlight that successful penal reform depends on the transformation of legal values, institutional structures, and legal culture to realize substantive justice grounded in humanity and social welfare.
Copyright (c) 2025 Toga Adi Putra Sinaga, T. Riza Zarzani, Muhammad Arif Sahlepi https://creativecommons.org/licenses/by-sa/4.0
Legal Aspects of Dental Practice in Indonesia: A Study of Legal Protection and Professional Ethics
Dental practice in Indonesia plays an important role in improving the quality of public health, but faces various legal and ethical challenges. This article aims to review the regulation of legal protection and the implementation of professional ethics for dentists in Indonesia, focusing on Law Number 17 of 2023 concerning Health and the Indonesian Code of Dental Ethics (KODEKGI). Regulations such as informed consent and professional standards are important elements in providing legal protection for dentists, while the implementation of the code of ethics serves to maintain professionalism and harmonious relationships with patients. However, the implementation of these regulations and ethics still faces challenges, such as lack of legal education, economic pressures, and information imbalances between dentists and patients. This study concludes that intensive legal and ethical education, strengthening supervision, and adapting to technological developments are needed to improve the quality of safe and legally compliant dental services
Copyright (c) 2024 Evi Imelda Pelawi https://creativecommons.org/licenses/by-sa/4.0
DUALISM OF BANKING LEGAL SYSTEM IN INDONESIA LEGAL ANALYSIS OF THE REGULATION GAP BETWEEN SHARIA BANKS AND COMMERCIAL BANKS
Indonesia has officially adopted a dual banking system since the enactment of Law Number 10 of 1998 concerning Banking and Law Number 21 of 2008 concerning Sharia Banking. This system is expected to guarantee the existence of sharia banks as an integral part of a pluralistic national financial system. However, in practice, the dualism of the banking legal system has actually given rise to various regulatory gaps and serious legal problems. This study aims to analyze the regulatory imbalance between sharia banks and commercial banks from the aspects of legislation, institutions, supervision, legal protection, and dispute resolution. This study uses a normative legal approach with a descriptive-qualitative analysis method of laws and regulations, DSN-MUI fatwas, and sharia economic law literature. The results of the study show that Islamic banks have not received equal legal treatment with conventional banks, both in terms of deposit guarantees, supervisory structures, and dispute resolution mechanisms. The function of the Sharia Supervisory Board (DPS) which is only administrative without law enforcement authority, as well as the less than optimal protection of sharia contracts in the national civil law system, strengthens this inequality. In addition, the ambiguity of judicial jurisdiction between religious courts and district courts in resolving Islamic bank disputes further worsens legal certainty. This study recommends legal harmonization through strengthening sharia regulations, integrating sharia contracts into national law, strengthening DPS institutions, and establishing independent sharia dispute resolution and guarantee mechanisms. Thus, the dualism of the banking legal system can be directed towards a more just, inclusive system based on national legal principles and sharia values.
Copyright (c) 2025 Alimal Yusro Siregar , Tamaulina Br. Sembiring https://creativecommons.org/licenses/by-sa/4.0
CIVIL LIABILITY IN INFORMATION TECHNOLOGY-BASED LENDING AGREEMENTS FROM THE PERSPECTIVE OF LEGAL PROTECTION FOR CREDITORS AND DEBTORS
The development of information technology has brought significant changes in civil law practices, particularly in loan agreements. While previously loan agreements were only conducted conventionally between creditors and debtors, with the advent of financial technology or peer-to-peer lending, the agreement mechanism has become more complex because it involves platform providers as third parties. This study aims to analyze the forms of civil liability in information technology-based loan agreements and examine how legal protection for creditors and debtors can be realized. The research method used is normative juridical, by examining relevant laws and regulations, legal doctrine, and cases that have emerged in Indonesia. The results show that civil liability in digital loan agreements is not only attached to the debtor as the borrower, but also to the platform provider, who is obliged to provide transparent information, maintain data security, and ensure collection mechanisms comply with the law. Legal protection for creditors needs to be strengthened to ensure the right to loan repayment, while protection for debtors is important to prevent exploitative practices through standard clauses and opaque interest rates. Furthermore, this study also found that the government's role through regulations from the Financial Services Authority (OJK) still faces significant challenges, particularly in monitoring the rise of illegal online lending practices. Therefore, regulatory harmonization between the Civil Code, the Electronic Information and Transactions Law (ITE Law), the Consumer Protection Law, and the Financial Services Authority (OJK) regulations is necessary to address legal dynamics in the digital era. This study emphasizes that Indonesian civil law must undergo a progressive transformation to provide a fair balance of legal protection for creditors, debtors, and the wider community.
Copyright (c) 2025 Ivan Astavan Manurung, Mhd Azhali Siregar, Fitri Rafianti https://creativecommons.org/licenses/by-sa/4.0
The Role of Maqashid al-Shariah in Shaping Personal Data Protection and Digital Privacy Policies in Contemporary Islamic Law
Personal data protection and digital privacy are key issues in the rapidly evolving digital age, with major challenges in creating fair and effective policies. This article aims to analyze the role of maqashid al-shariah in digital privacy policy and personal data protection, as well as the relevance of maqashid al-shariah principles in contemporary law. This study uses a literature review method with a qualitative approach, analyzing literature related to maqashid al-shariah, digital privacy policies, and personal data protection. The results of the study show that the principles of ḥifz al-mal (protecting property) and ḥifz al-'aql (protecting reasons) are very relevant in formulating policies that protect personal data in the digital world. These findings contribute to an understanding of how maqashid al-shariah can inspire fair and balanced policies, with the protection of individual privacy at the forefront. The conclusion of this study is that the integration of maqashid al-shariah in digital privacy policies can create a stronger and fairer personal data protection policy. Further research is suggested to explore the application of maqashid al-shariah in a global context and use a triangulation approach for a more comprehensive analysis.
Copyright (c) 2025 Gatot Teguh Arifyanto , Rika Githamala Ginting https://creativecommons.org/licenses/by-sa/4.0
LEGAL CERTAINTY AND JUSTICE IN THE IMPLEMENTATION OF RESTORATIVE JUSTICE TOWARDS CHILD CRIMES IN INDONESIA
The implementation of restorative justice in the Indonesian juvenile criminal justice system represents a paradigm shift from a retributive approach to a more humanistic and contextual approach. Restorative justice is not only intended as a mechanism for resolving cases outside the courts, but also as a means to achieve substantive justice and legal certainty that is balanced between perpetrators, victims, and the community. This study aims to analyze two main aspects: legal certainty in the application of restorative justice to juvenile perpetrators of crimes and the extent to which this approach is able to create substantive justice. The method used is normative juridical with a qualitative-descriptive analysis of legal norms and their implementation practices. The results of the study indicate that although restorative justice has been normatively accommodated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, its implementation still faces various serious obstacles. The lack of uniformity in technical regulations, weak capacity of law enforcement officers, and minimal victim participation are the main challenges in ensuring legal certainty and justice in practice. This study recommends harmonizing cross-institutional regulations, increasing the capacity of officials, and establishing supporting institutions that can ensure the fair, transparent, and accountable implementation of restorative justice. With the right approach and consistent implementation, restorative justice has the potential to become a key milestone in juvenile criminal law reform that upholds the protection of children's rights and social justice.
Copyright (c) 2025 Indah Permata Sari , Fitri Rafianti https://creativecommons.org/licenses/by-sa/4.0
Reconstruction of the Corruption Eradication Policy in the National Legal System Evaluation of the Effectiveness of Enforcement of Corruption Law Articles
Corruption is a crime with widespread impacts on state finances, government integrity, and the quality of public services. Although Indonesia has a specific legal framework through the Corruption Eradication Law, effective law enforcement still faces challenges, particularly in the application of Articles 2 and 3, which regulate unlawful acts and abuse of authority. This study aims to analyze the effectiveness of these two articles and formulate a direction for the reconstruction of corruption eradication policies within the national legal system. The research method used is normative legal research with a statutory, conceptual, and case-based approach. The analysis shows that the element of unlawfulness in Article 2 has experienced a narrowing of meaning since the issuance of Constitutional Court Decision Number 003/PUU-IV/2006, thus limiting the interpretative space of law enforcement officials. Meanwhile, the element of abuse of authority in Article 3 often overlaps with the discretion of public officials, so stricter boundaries are needed to avoid criminalizing well-intentioned policies. Another problem arises in proving state losses, which is still debated whether it must be in the form of actual losses or can include potential losses. In addition to normative issues, law enforcement agencies also face challenges in coordination, independence, and limited capacity to prove modern corruption involving complex transactions and digital technology. Therefore, the reconstruction of anti-corruption policies must be directed at reaffirming the elements of the crime, harmonizing evidentiary standards, strengthening the professionalism of law enforcement officials, and increasing independence and coordination between institutions. Reform of evidentiary techniques such as forensic accounting, asset tracing, and the limited application of reverse burden of proof are crucial in addressing the development of contemporary corruption methods. Comprehensive reconstruction is expected to strengthen the effectiveness of corruption eradication and safeguard the public interest.
Copyright (c) 2025 Ismaidar https://creativecommons.org/licenses/by-sa/4.0
DYNAMICS OF LAW ENFORCEMENT AGAINST CORRUPTION CRIMINAL ACTS IN INDONESIA ANALYSIS STUDY OF LAW NO. 31 YEAR 1999 JO. LAW NO. 20 YEAR 2001
Corruption is an extraordinary crime that has a broad impact on economic stability, public trust, and the legal system in Indonesia. Efforts to eradicate corruption have been regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption (UU Tipikor), which provides a legal basis for taking action against perpetrators of corruption, both individuals and corporations. However, even though regulations have been strictly formulated, the effectiveness of law enforcement still faces various complex obstacles. This study aims to analyze the dynamics of law enforcement against criminal acts of corruption in Indonesia and to assess the effectiveness of existing regulations in providing a deterrent effect for perpetrators. The research method used is normative juridical, with a statute approach and comparative legal analysis. The results of the study indicate that several main factors that weaken law enforcement in corruption cases are political intervention, inconsistent sentencing, weak asset recovery mechanisms, and lack of transparency in the judicial process. One of the fundamental problems is the overlapping authority between the KPK, the Attorney General's Office, and the National Police, which causes ineffectiveness in investigating and prosecuting corruption cases. In addition, the practice of remission and parole for corruption convicts also reduces the preventive impact that should result from criminal punishment. To improve the effectiveness of law enforcement, this study recommends strengthening the independence of law enforcement agencies, implementing a non-conviction based asset forfeiture mechanism, and improving the criminal justice system to ensure that corruptors receive appropriate punishment. With more assertive and transparent reforms, it is hoped that Indonesia can create a clean government system that is free from corrupt practices
Copyright (c) 2025 Teuku Heri Hermawan , T. Riza Zarzani https://creativecommons.org/licenses/by-sa/4.0
THE POWER OF EVIDENCE OF AUTHENTIC DEEDS IN CIVIL DISPUTE SETTLEMENT IN COURT
This study discusses the evidentiary power of authentic deeds in resolving civil disputes in Indonesian courts. Authentic deeds, as regulated in Article 1868 of the Civil Code, are written evidence that has perfect evidentiary power in matters carried out and witnessed directly by authorized public officials. In judicial practice, authentic deeds are often submitted as the main evidence, especially in cases of debt agreements, sales, leases, and inheritance. However, the application of the evidentiary power of authentic deeds often raises debate among judges, practitioners, and academics, especially regarding the extent to which the binding power of authentic deeds applies formally and materially. This study uses normative legal research methods, with a statutory, conceptual, and case approach. The analysis was conducted on the Civil Code, the Notary Law, the Electronic Information and Transactions Law, and Supreme Court decisions. The results of the study indicate that, although authentic deeds provide evidentiary advantages, their application in court is not absolute. Judges still have discretion to assess the material and formal truth of the deed, and consider factors such as formal defects, the substance of the statement, and the validity of the parties' wishes. In addition, the development of legal digitalization presents new challenges related to the recognition of electronic deeds as evidence. Therefore, comprehensive regulatory updates, increased notary competence, and consistent application of jurisprudence are needed so that the evidentiary power of authentic deeds can more effectively guarantee legal certainty in the modern era.
Copyright (c) 2025 Rizki Munardi , Fitri Rafianti , Mhd. Azhali Siregar https://creativecommons.org/licenses/by-sa/4.0
REFORMULATION OF THE IMPLEMENTATION OF RESTORATIVE JUSTICE IN THE CRIMINAL ACTS OF MILD THEFT
Petty theft is one of the most common crimes in society and is regulated under Article 364 of the Criminal Code. Although the losses incurred are relatively small, petty theft cases still tend to be handled through formal criminal justice mechanisms, which impose prison sentences. This situation often results in substantive injustice, as the social and economic costs borne by the state far outweigh the actual value of the losses. From a modern criminal law perspective, a retributive approach that emphasizes punishment alone is considered inadequate for resolving low-serious cases. Therefore, there is a need to prioritize the application of restorative justice in resolving petty theft cases. Restorative justice emphasizes restoring social relationships between the perpetrator, victim, and community. This approach allows victims to obtain compensation or an apology, while the perpetrator avoids the stigma of imprisonment that can damage their future. This research uses a normative juridical method with a statutory and conceptual approach, through an analysis of the Criminal Code, Supreme Court Regulation Number 2 of 2012, Attorney General Regulation Number 15 of 2020, and criminal law literature and doctrine. The results show that normatively, the application of restorative justice in petty theft crimes has an adequate legal basis, but its implementation still faces various obstacles such as a retributive paradigm from the authorities, procedural inconsistencies, and minimal public understanding. Thus, a reformulation of the application of restorative justice in petty theft crimes is needed to make it more effective. This reformulation includes clarifying the criteria for cases eligible for restorative resolution, harmonizing regulations across all levels of law enforcement, strengthening the role of victims in the resolution process, introducing more constructive alternative sanctions, and recognizing local wisdom mechanisms. Appropriate reformulation will make the criminal justice system more humane, efficient, and equitable, while simultaneously supporting the goals of modern criminal law to create justice, certainty, and proportional legal benefits.
Copyright (c) 2025 Tarmina, Fitri Rafianti, Mhd Azhali Siregar https://creativecommons.org/licenses/by-sa/4.0
Challenges in Proving the Element of “Knowing or Reasonably Suspecting” in Criminal Liability of Passive Money Launderers in Narcotics Cases Based on Law No. 8 of 2010
Money laundering, a sophisticated financial crime designed to obscure the illicit origins of assets, frequently has narcotics trafficking as a significant predicate offense in Indonesia, often orchestrated by organized criminal syndicates. Indonesian Law No. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering (AML Law) delineates culpability for passive perpetrators. Specifically, Article 5 criminalizes individuals who receive or control assets derived from criminal activities when they are "knowing or reasonably suspecting" their illicit nature. This normative legal research critically analyzes the profound evidentiary challenges inherent in substantiating this crucial men's rea element—"knowing or reasonably suspecting"— in cases of passive money laundering linked to narcotics offenses. The study scrutinizes the AML Law, ancillary narcotics legislation, established legal doctrines (differentiating dolus for "knowing" from culpa for "reasonably suspecting," often approached via the pro parte dolus pro parte culpa doctrine), and relevant judicial precedents. Principal difficulties arise from the subjective nature of proving the accused's mental state, necessitating prosecutorial reliance on circumstantial evidence and objective indicators such as unusual transactions. While Article 69 of the AML Law obviates the need for prior conviction of the predicate offense, and Article 77 introduces a reversed burden of proof concerning asset legitimacy, the prosecutor retains the fundamental onus of establishing the defendant's requisite knowledge or reasonable suspicion. Consequently, the adjudication of this men's real element presents a formidable jurisprudential challenge, frequently contingent upon judicial interpretation of indirect evidence and the totality of circumstances
Copyright (c) 2025 Teguh Hidayat , Ismaidar Ismaidar , Suci Ramadani https://creativecommons.org/licenses/by-sa/4.0
The Legal Status of the Personal Data Protection Act as a Guarantee of Patient Privacy Rights in Indonesia
The rapid advancement of information technology has brought significant changes to healthcare services, particularly in the management of patients' personal data. The digitalization of healthcare not only enhances efficiency but also poses serious risks of data breaches that threaten patients’ privacy rights. Law Number 27 of 2022 on Personal Data Protection has emerged as the State's effort to provide comprehensive legal protection for personal data, including health data, which is classified as specific data. This study employs a normative juridical approach by examining relevant regulations and data protection principles within the context of health law. The findings indicate that the government plays a central role in the control of personal data, both preventively and repressively, through its supervisory authority and law enforcement powers in cases of violations. The legal protection of patient privacy has been normatively strengthened; however, its implementation still faces challenges, particularly regarding institutional compliance, stakeholder awareness, and the effectiveness of supervisory authorities. Therefore, institutional reinforcement, public dissemination, and the modernization of data security systems are essential to ensure that the constitutional right to privacy is genuinely upheld in practice.
Copyright (c) 2025 Hilbertus Sumplisius M. Wau , Henry Aspan , Sumarno https://creativecommons.org/licenses/by-sa/4.0
The Legal Reformulation of Euthanasia from the Perspective of Criminal Law and Human Rights in Indonesia
This paper is an extension of the proceedings article entitled "Implications of Criminal Law and Human Rights on Euthanasia Practices in Indonesia" by Joice Soraya, Deni Setya Bagus Yuherawan, and Galih Setya Refangga, published in the Proceedings of the 2024 Actual Law Seminar. This journal aims to expand this study by examining in more depth the urgency of reformulating euthanasia law from the perspective of criminal law and human rights in Indonesia. Through a normative juridical approach, this study analyzes national legislation, medical ethics perspectives, and human rights principles in both national and international contexts. Euthanasia in Indonesia is still considered a criminal offense under Article 344 of the Criminal Code, despite demands from the public and medical developments urging more accommodating regulations. This study finds that there needs to be a balance between protecting the right to life and respecting the right to self-determination, so that reformulating euthanasia law is a necessity in the context of human rights protection and legal certainty. This journal also includes comparative studies and jurisprudential analysis from several countries that have legalized euthanasia as a reflective basis for the formation of national law in Indonesia
Copyright (c) 2025 Azhar AR , Mhd. Azhali Siregar https://creativecommons.org/licenses/by-sa/4.0
ANALYSIS OF WORK ETHICS AND WORK STRESS ON SATISFACTION WORKLOAD-MEDIATED EMPLOYEE WORK AT THE JW MARRIOTT HOTEL
This research aims to test and analyze the influence of work ethics and work stress on work satisfaction and test and analyze the influence of work ethics and work stress on employee performance through Workload. This research was conducted at the JW Mariot Hotel Medan. The sample used in this study was 70 respondents. This study was analyzed using SMART PLS. From the results of the study, it was found that work ethics had a positive and significant effect on Workload at JW Mariot Medan. Work Stress has a positive and significant effect on Workload at JW Mariot Medan. Workload a positive and significant effect on work satisfaction at JW Mariot Medan. Work ethics have a positive and significant effect on Workload at JW Mariot Medan. Work Stress has a positive and significant effect on Workload at JW Mariot Medan.Work ethics has a positive and significant effect on work satisfaction at JW Mariot Medan which is mediated by Workload . Work stress has a positive and significant effect on Work satisfaction at JW Mariot Medan which is mediated by Workload
Copyright (c) 2024 Frans Willem, Yohny Anwar https://creativecommons.org/licenses/by-sa/4.0
THE STRENGTH OF DIGITAL EVIDENCE IN CYBERCRIME CASES JURISPRUDENTIAL ANALYSIS AND LEGAL IMPLICATIONS
Cybercrime has pushed the criminal justice system to adapt to the reality of digital evidence. However, the Indonesian criminal procedure law system is not fully prepared to face this challenge. The Criminal Procedure Code has not explicitly recognized digital evidence as valid evidence, while the normative recognition contained in the ITE Law does not have the same procedural force as procedural law. This study aims to examine the legal position of digital evidence and analyze the jurisprudence of cybercrime cases in order to understand the strength of evidence and its impact on the rights of suspects. The research methods used are the normative legal approach and jurisprudence studies. The results of the study show that the disharmony between the ITE Law and the Criminal Procedure Code creates a legal vacuum in the management of digital evidence. Jurisprudence also shows substantial differences between decisions regarding the validity of digital evidence. The legal implications offered are the need to revise the Criminal Procedure Code, prepare technical guidelines for digital evidence, and provide technical training for law enforcement officers. This harmonization is important to ensure the principle of due process of law and procedural justice in cybercrime cases.
Copyright (c) 2025 Hartana Hartana https://creativecommons.org/licenses/by-sa/4.0
CRIMINAL LIABILITY OF DOCTORS WHO HAVE OBTAINED MEDICAL APPROVAL TO CARRY OUT MEDICAL ACTION
The medical world also does not rule out the possibility of criminal acts. Criminal acts in the medical world must also meet the elements of criminal responsibility (capability to take responsibility, culpability, and grounds for exculpation) to warrant punishment. In the medical world, doctors are the primary focus or subjects who are likely to commit or are suspected of committing medical crimes, particularly those that occur after a doctor obtains medical consent from a patient.
Copyright (c) 2025 Hasan Basri, Irsyam Risdawati https://creativecommons.org/licenses/by-sa/4.0
LEGAL ASPECTS OF INFORMED CONCENT IN HEALTH SERVICES
Informed consent is one of the main pillars in legal protection for patients in health services. Consent given by patients after obtaining adequate, honest, and understandable information about the medical action to be taken, is a legal and ethical requirement for every medical intervention. In the context of Indonesian law, the regulation regarding informed consent has been explicitly regulated in Law Number 29 of 2004 concerning Medical Practice, Law Number 17 of 2023 concerning Health, and Regulation of the Minister of Health Number 290 of 2008 concerning Consent to Medical Actions. This study uses a normative juridical method with a conceptual and legislative approach, aiming to examine how legal regulations regarding informed consent are applied in medical practice, as well as the form of legal accountability of medical personnel if there is a violation of the procedure. The results of the study show that although the legal framework on informed consent in Indonesia is quite comprehensive, its implementation in the field still faces various obstacles, ranging from the lack of understanding of medical personnel regarding their legal obligations, weak patient education, to minimal supervision and law enforcement. Violation of the informed consent procedure can result in legal liability in three areas at once: civil, criminal, and administrative. Therefore, there needs to be a policy reformulation that is more adaptive to the development of health technology and increased legal literacy for both patients and health workers, in order to make informed consent a substantive legal protection instrument in national health service practices
Copyright (c) 2025 Mira Husna Nasution, Marice Simarmata https://creativecommons.org/licenses/by-sa/4.0
LEGAL POSITION OF INFORMED CONSENT IN THE FIELD OF CIVIL AND CRIMINAL MEDICAL LAW
Informed consentis a crucial element in medical services that provides legal protection for both parties, namely patients and doctors. In the criminal realm, informed consent protects medical personnel from accusations of abuse or malpractice, while in the civil realm, informed consent is evidence of fulfillment of legal and ethical obligations and the basis for protection against claims of breach of contract or unlawful acts. The informed consent process involves aspects of ius contractu and ius delicto in civil law, which establish the basis for the rights and obligations between doctors and patients. In addition, this process also regulates legal responsibility in cases of violation of legal norms. In the context of criminal law, the principle of legality requires valid consent and comprehensive information, in accordance with the provisions of Article 274 and Article 293 of Law No. 17 of 2023. This study uses a normative juridical approach that only examines library research or document studies that refer to legal rules in the order of statutory regulations and principles in applicable law in Indonesia using the Qualitative Descriptive Analysis method.
Copyright (c) 2025 Wahyu Rahmatika, T. Riza Zarzani https://creativecommons.org/licenses/by-sa/4.0
Criminal Liability of State Civil Apparatus for Misappropriation of Regional Original Revenue
This study aims to analyze in depth the criminal liability of State Civil Apparatus (ASN) who commit misappropriation of Regional Original Revenue (PAD) in Indonesia. The problem of corruption, especially in the public sector, continues to be a serious challenge that hinders development and undermines the integrity of the government. The main focus of this study is to understand how law enforcement against such crimes can be implemented, taking into account the validity of the latest Law Number 1 of 2023 concerning the Criminal Code (KUHPidana), which significantly changes and updates the Criminal Law framework in Indonesia. Using a juridical-normative approach, this study examines relevant laws and regulations, legal doctrines, and court decisions, comparing the old and new legal regimes. The analysis results show that the new Criminal Code introduces several legal concepts that can affect the criminal liability of State Civil Apparatus, including the expansion of certain offenses and adjustments to sanctions. However, challenges in implementation remain significant, especially regarding coordination between law enforcement agencies and the effectiveness of the sanctions imposed. Therefore, this study concludes that although the criminal law framework has been updated, stronger collaborative efforts are needed from all parties, starting from stricter internal supervision, increased transparency, to reform of the criminal justice system to ensure firm and fair criminal accountability for State Civil Apparatus who abuse their authority and position.
Copyright (c) 2025 Saptha Nugraha Isa , Muhammad Arif Sahlepi https://creativecommons.org/licenses/by-sa/4.0
LEGAL ANALYSIS OF THE POWER OF EXECUTION OF WARRANTY (BORGTOCHT) THROUGH BANKRUPTCY LEGAL REMEDIES
Borgtocht agreement or guarantee agreement is one form of credit security that aims to provide legal certainty for creditors. However, in practice, the implementation of borgtocht execution often faces obstacles when the main debtor or guarantor faces bankruptcy. This situation gives rise to a legal conflict between the creditor's rights to the borgtocht guarantee and the bankruptcy principle that prioritizes collective settlement for all creditors. This article analyzes the power of borgtocht execution through the bankruptcy legal mechanism in Indonesia by referring to the Civil Code and Law Number 37 of 2004 concerning Bankruptcy. Based on legal studies and case studies, this article provides recommendations to improve legal certainty in the implementation of borgtocht in the midst of the bankruptcy process. This execution process becomes very important, especially when the debtor is unable to fulfill his obligations, because it provides a way for creditors to obtain fulfillment through collateral or third parties (guarantor). In addition, borgtocht execution is also closely related to bankruptcy procedures, which allow creditors to file claims on the collateral in order to obtain their rights. In the context of bankruptcy, borgtocht execution must be carried out by considering the principle of equality of rights between other Creditors, so as not to disrupt the process of dividing the assets of the bankrupt Debtor. Execution of borgtocht can be carried out through a more specific legal route, namely the bankruptcy procedure regulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (Bankruptcy Law). In the context of bankruptcy, creditors holding borgtocht can claim their rights through execution against the guarantor or collateralized assets, even though the debtor's bankruptcy process is ongoing. However, this execution process must pay attention to the applicable legal principles, including the pari passu principle which regulates equal treatment of all creditors in the distribution of assets of bankrupt debtors. This study aims to analyze the power of borgtocht execution in Indonesian law, as well as to identify the interaction between borgtocht execution and bankruptcy procedures regulated by law. A deeper understanding of the power of borgtocht execution is essential for creditors, debtors, and parties involved in the bankruptcy process, in order to ensure fair and balanced legal protection for all interested parties. Thus, this study contributes to the development of an understanding of creditors' rights in the execution of borgtocht guarantees within a broader legal framework.
Copyright (c) 2024 Ihsan Hamdi Armaoyuda Siregar , Bambang Fitrianto https://creativecommons.org/licenses/by-sa/4.0
LEGALITY OF DIGITAL EVIDENCE IN CYBER CRIME PROSECUTION BETWEEN NORMATIVE RECOGNITION AND PROCEDURAL INEQUALITY
The development of digital technology has created new forms of crime known as cybercrime, which requires an update to the criminal law system, especially in terms of evidence. One important instrument in proving digital crime is digital evidence. Although Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE), as amended by Law Number 19 of 2016, has explicitly recognized the validity of electronic information as legal evidence, its implementation in court still faces many challenges. This study aims to analyze the legality of digital evidence in the context of the criminal evidence system in Indonesia, as well as to identify the imbalance between normative recognition and procedural application in judicial practice. The method used in this study is a normative legal approach, using secondary data in the form of laws and regulations, court decisions, and relevant scientific literature. The results of the study indicate that although digital evidence has been recognized in positive law, the provisions in the Criminal Procedure Code have not explicitly accommodated the existence of such evidence. On the other hand, the absence of national standards governing the procedures for collecting, storing, and authenticating digital evidence has led to inequality in the cybercriminal justice process. This is exacerbated by the limited technical capacity of law enforcement officers in the field of digital forensics. Therefore, a comprehensive revision of the criminal procedure law, the preparation of nationally binding technical guidelines on digital evidence, and the improvement of human resource capacity are needed. These reforms are important to ensure that the Indonesian criminal law system is able to guarantee justice, transparency, and protection of human rights in facing the challenges of law enforcement in the digital era.
Copyright (c) 2025 Zaikul Fuad , Mhd. Azhali Siregar , T. Riza Zarzani https://creativecommons.org/licenses/by-sa/4.0
EFFECTIVENESS OF LAW ENFORCEMENT AGAINST DRUG ABUSE FROM A RESTORATIVE JUSTICE PERSPECTIVE
Law enforcement against drug abusers in Indonesia is still dominated by a repressive, punitive approach, despite Law Number 35 of 2009 concerning Narcotics and several supporting policies, such as Attorney General's Guidelines Number 18 of 2021 and Supreme Court Circular Letter Number 4 of 2010, which have opened up opportunities for the implementation of restorative justice. This study aims to analyze the effectiveness of law enforcement against drug abusers using a restorative justice approach and examine the implementation obstacles encountered at the practical level. The research method used is normative juridical with a descriptive qualitative approach, based on regulatory analysis and empirical data from various authoritative sources such as the National Narcotics Agency, the Directorate General of Corrections, and scientific journals. The results show that although the restorative justice approach has been normatively accommodated, its implementation is still hampered by poor understanding among officials, unpreparedness of rehabilitation infrastructure, weak assessment mechanisms, and cultural resistance to the recovery paradigm. In many cases, drug abusers are still directed toward criminal justice without objective assessment, resulting in overcrowding in correctional institutions and high rates of recidivism. In contrast, a restorative justice model based on rehabilitation, social recovery, and community integration has proven more effective in addressing the root causes of drug addiction. Therefore, systemic reform is needed to mainstream restorative justice as the primary approach in handling drug cases, by strengthening inter-agency synergy, expanding the capacity of rehabilitation institutions, and encouraging a paradigm shift in law enforcement. These findings provide an important foundation for developing a more humane, efficient, and socially just criminal policy.
Copyright (c) 2025 Riyan Widya Putra , Ismaidar, Muhammad Arif Sahlepi https://creativecommons.org/licenses/by-sa/4.0
The Division of Customary State Power in the Dalihan Natolu System
This study analyzes the Dalihan Natolu governance system of the Batak society in North Sumatra as a distinct entity of living law operating concurrently with state positive law. Employing a normative-empirical method through a systematic literature review, the research examines the tripartite power-sharing mechanism between Mora (judicial), Kahanggi (administrative), and Anakboru (executive). The findings reveal that while Dalihan Natolu remains effective for internal social cohesion and dispute resolution through a mechanism of checks and balances, its integration into the national legal framework is hindered by regulatory fragmentation and jurisdictional overlaps. Despite constitutional recognition under Article 18B(2), bureaucratic formalism in land registration often marginalizes communal ownership evidence, creating legal vulnerability. The study highlights the urgency of legal reform focused on harmonization and functional recognition to address the power asymmetry between customary authority and the state. Conclusively, the sustainability of this system depends on internal adaptability and substantive state recognitio
Copyright (c) 2025 sinergilp sinergilp; Muhammad Juang Rambe https://creativecommons.org/licenses/by-sa/4.0
The Role of Prison Doctors in Guaranteeing the Right to Health Services for Prisoners A Health Law Perspective in Indonesia
The right to health services is a human right guaranteed by the constitution and applies to all individuals, including prisoners. In Indonesia, this right is regulated in Law Number 12 of 1995 concerning Corrections, Law Number 17 of 2023 concerning Health, and Government Regulation Number 58 of 1999 concerning Prisoner Management. Prison doctors have an important role in ensuring the right to health services for prisoners, but this role is faced with various challenges, such as limited medical facilities, shortages of health workers, and procedural obstacles stipulated in regulations. One of the main obstacles is the medical referral procedure that requires the approval of the prison head, which often slows down the handling of emergency medical cases. This study uses a normative legal method to analyze relevant regulations and identify legal loopholes and implementation challenges. The results show that although regulations provide legal protection, structural and procedural barriers are still significant. Recommended solutions include revising regulations to speed up referral procedures, improving health facilities in prisons, adding competent medical personnel, and providing legal and ethical training for prison doctors. Psychological and legal support are also important needs to protect doctors from the pressures faced in their duties. In conclusion, the fulfillment of the right to health for prisoners requires integrated efforts from the government, correctional institutions, and medical professional organizations. This strategic step will improve the quality of health services in prisons, while strengthening legal protection for prison doctors, so that the right to health of prisoners can be fulfilled in accordance with the principles of justice and humanity
Copyright (c) 2024 Emmeninta Florensia Surbakti, Muhammad Arif Sahlepi https://creativecommons.org/licenses/by-sa/4.0
PROBLEMATICS OF EVIDENCE IN CORRUPTION CASES A REVIEW OF THE APPLICATION OF THE PRINCIPLE OF REVERSAL OF BURDEN OF PROOF IN INDONESIAN CRIMINAL PROCEDURE LAW
Corruption in Indonesia has long been categorized as an extraordinary crime that requires special and extraordinary legal handling. However, the criminal procedure law approach used to date still relies on the normative framework in Law Number 8 of 1981 concerning Criminal Procedure Law (KUHAP) which is general and conventional. This study aims to analyze the gap between the characteristics of corruption crimes and the available criminal procedure law instruments, as well as to describe the urgency of updating the criminal procedure law system in order to increase the effectiveness of law enforcement against corruption crimes. Through a normative legal approach and literature study of legal documents, academic literature, and judicial practices, this study found that the Criminal Procedure Code has not been able to answer the challenges of corruption crimes which are complex, closed, and cross-sectoral. Mechanisms such as justice collaborators, plea bargaining, wiretapping, and protection of reporters have not been fully and integrally accommodated in the current legal procedure system. This imbalance results in weak effectiveness of evidence and raises doubts about the legitimacy of the criminal justice process. Therefore, criminal procedural law reform is needed that not only accommodates the need to eradicate corruption efficiently and accountably, but also guarantees the protection of human rights, legal certainty, and a balance between the rights of suspects and the public interest. Recommendations in this study include formal integration of justice collaborator protection, legalization of plea bargaining mechanisms, strengthening the legitimacy of electronic evidence, and harmonizing the coordination of law enforcement agencies in the process of investigating and prosecuting corruption crimes.
Copyright (c) 2025 Deny Prabowo , Muhammad Arif Sahlefi https://creativecommons.org/licenses/by-sa/4.0
THE URGENCY OF THE LAW ON NARCOTICS CRIMES AS SEEN FROM THE REHABILITATIVE AND REPRESSIVE APPROACHES FROM A LEGAL PERSPECTIVE
This study assesses the urgency of legal policy regarding drug crimes in Indonesia by comparing the effectiveness of rehabilitative approaches for users and repressive approaches for distribution networks. The background is the persistently high prevalence of abuse, correctional overcrowding, and disparities in the implementation of rehabilitation pathways in the field. Normatively, Law 35/2009 mandates rehabilitation through Articles 54, 55, and 103 on the one hand, and regulates severe sanctions for production and distribution on the other. The study uses a normative juridical approach linked to targeted socio-legal ones through statute, conceptual, and case approaches, as well as secondary data processing on prevalence, relapse, and prison occupancy. The analysis was conducted using doctrinal content analysis and pattern matching on the implementation of the Integrated Assessment Team, the achievement of rehabilitation referrals, and the quality of intelligence-based and financial enforcement. The study's findings indicate that mainstreaming rehabilitation for users, with early case screening and a standardized continuum of care, has the potential to reduce relapse and correctional burden, while freeing up enforcement resources to focus deterrence on production nodes and network financing. In the repressive realm, effectiveness increases if success metrics shift from the number of arrests to indicators of network dismantling, including asset confiscation. Regulatory revisions should establish evidence-based thresholds to distinguish personal use from distribution, always followed by integrated assessments and due process safeguards. Recommendations include standardizing service indicators, integrating rehabilitation financing with health insurance, consolidating intelligence-led policing, and establishing an interagency data system to ensure an effective feedback loop between health services and law enforcement. In conclusion, a policy mix that places users on an accountable rehabilitation path and sharpens sanctions against networks is the most rational option for reducing social impacts, improving public safety, and ensuring firm and humane justice.
Copyright (c) 2025 Enus Ginting, Rahmayanti https://creativecommons.org/licenses/by-sa/4.0
CONSUMER PROTECTION FOR ONLINE TRANSACTIONS BASED ON THE CONSUMER PROTECTION ACT
The development of information and communication technology has driven major changes in the pattern of economic transactions in society, especially with the presence of digital platforms that allow buying and selling to be done online. In Indonesia, the rapid growth of online transactions has not only brought economic benefits, but also created new legal risks, especially for consumers. In the relationship between business actors and digital consumers, there is an imbalance of information and bargaining power, where consumers are often in a weak position and vulnerable to various forms of violations, such as fraud, non-conforming goods, violations of privacy, and difficulty in obtaining compensation. Law Number 8 of 1999 concerning Consumer Protection is the main legal basis for guaranteeing consumer rights, such as the right to correct information, the right to comfort and security, and the right to dispute resolution. In addition, Law Number 11 of 2008 concerning Information and Electronic Transactions also regulates the obligations of online business actors to provide complete and responsible information for products offered digitally. However, in practice, this legal protection is still ineffective due to weak supervision, limited dispute resolution mechanisms, and low consumer legal literacy. This study aims to evaluate the effectiveness of the implementation of the Consumer Protection Law in the context of online transactions and analyze the need for legal reform to ensure justice for digital consumers. The method used is a normative legal approach through a literature study of regulations, decisions, and legal doctrines. The results show the need for regulatory updates, strengthening institutions such as BPSK and ODR, and increasing consumer education as strategic steps in realizing adaptive and responsive legal protection in the digital era.
Copyright (c) 2025 Edi Yaksa , T. Riza Zarzani , Fitri Rafianti https://creativecommons.org/licenses/by-sa/4.0
CRIMINAL POLICY TOWARDS OVERCOMING DRUG ABUSE CRIMINAL ACTS IN CLASS IIA BINJAI CORRECTIONAL INSTITUTION (Research Study in II A Binjai Prison)
Imprisonment is intended to provide a deterrent effect and rehabilitate offenders so they can be reintegrated into society. However, inmates are still found violating Article 4 letter g of the Ministry of Law and Human Rights Number 6 of 2013, namely being involved in the storage, distribution, or use of narcotics and other dangerous substances in prisons. This study aims to explain the efforts made by officers to prevent narcotics abuse, both through penal and non-penal means, as well as the obstacles and supporting factors in overcoming narcotics abuse in the Binjai City Penitentiary. The research method used is descriptive qualitative research. The research approach uses an empirical legal approach, with analysis, interviews, observation, and documentation. The research results show that drug abuse in Binjai Prison is triggered by internal factors such as the involvement of certain wardens, weak supervision, and the influence of inmates, as well as external factors such as the prison's vulnerable location and minimal security. Combating drug abuse in Binjai Prison faces various obstacles, such as overcapacity, limited rehabilitation facilities, the involvement of certain officers, and weak supervision of visits. However, there are supporting factors such as cooperation with the Binjai National Narcotics Agency (BNNK), the commitment of prison leaders, the implementation of the P4GN program, and an improved monitoring system, which contribute to strengthening drug eradication efforts in the correctional environment. The implementation of sanctions for inmates who abuse drugs includes internal disciplinary sanctions, the granting of behavior-based remissions, medical and social rehabilitation programs, and additional legal processes for new violations.
Copyright (c) 2025 Abdur Rahman Sirait, Mhd. Azhali Siregar , Sumarno https://creativecommons.org/licenses/by-sa/4.0
Reconstruction of the Principle of Good Faith in Investment Cooperation Agreements Case Study of Default and Abuse of Condition Disputes
Technological developments have driven a major transformation in the practice of civil legal relations, particularly in the field of contracts. Agreements previously made conventionally through physical documents are now often realized in digital form through online platforms, applications, and other electronic systems. This change raises questions regarding the status, validity, and binding force of digital agreements within the framework of Indonesian civil law, which still relies on the Civil Code. This study seeks to normatively examine the position of digital agreements based on the valid conditions of agreements in Article 1320 of the Civil Code, the main principles of contract law, and the regulation of electronic contracts in the Electronic Information and Transactions Law and its implementing regulations. In addition, this study also examines how electronic evidence such as digital documents, system logs, and electronic signatures are recognized and assessed for their evidentiary strength in civil disputes. The study's findings indicate that digital agreements are, in principle, valid and binding, just like conventional agreements, as long as all elements are met and they do not conflict with the law. Consent through electronic means, such as clicking "agree" or using an electronic signature, can be considered a valid expression of will. However, challenges arise in protecting vulnerable parties and providing evidence, given that digital agreements generally take the form of standard clauses drafted unilaterally by business actors. While electronic evidence has been legally recognized, its implementation requires strengthening technical capacity and consistent judicial assessment. By understanding these dynamics, this study emphasizes the importance of strengthening technical regulations, improving the digital literacy of judicial officials, and implementing the principle of good faith to ensure legal certainty and justice in digital transactions in Indonesia.
Copyright (c) 2025 J.E Melky Purba https://creativecommons.org/licenses/by-sa/4.0
LEGAL PROTECTION FOR VICTIMS OF SEXUAL VIOLENCE IN THE PERSPECTIVE OF THE 2022 TPKS LAW
Sexual violence is a human rights violation that has a wide impact on victims, both physically, psychologically, socially, and economically. In Indonesia, efforts to provide legal protection for victims of sexual violence have progressed with the enactment of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS). This law aims to provide more comprehensive protection through a victim-centered approach, by accommodating the rights of victims at every stage of the legal process, including investigations, trials, and post-incident recovery. In addition, the TPKS Law also regulates the mechanism of restitution and compensation for victims and introduces stricter legal instruments in handling cases of sexual violence. However, despite having a strong legal basis, the implementation of the TPKS Law in Indonesia still faces various obstacles. Lack of understanding by law enforcement officers, weak coordination between institutions, and social stigma against victims are the main challenges in implementing this regulation. Many victims still experience re-victimization in the legal process, both in the form of investigations that corner the victim and minimal legal and psychosocial assistance. In addition, access to recovery services for victims is still limited, especially in remote areas, which causes many victims to not receive adequate protection. This study aims to analyze the effectiveness of the TPKS Law in providing legal protection for victims of sexual violence and to identify obstacles in its implementation. Through the normative legal method with the statute approach, conceptual approach, and case approach, this study evaluates the extent to which this regulation can be applied in judicial practice in Indonesia. With the strengthening of the capacity of law enforcement officers, increased socialization to the community, and improvements in the victim protection system, it is hoped that the implementation of the TPKS Law can run more effectively in ensuring that the rights of victims of sexual violence are truly protected.
Copyright (c) 2024 Syawalisa , Tamaulina Br. Sembiring https://creativecommons.org/licenses/by-sa/4.0
IMPLEMENTATION OF THE PRINCIPLE OF GOOD FAITH IN THE IMPLEMENTATION OF RENTAL AGREEMENTS IN INDONESIA
This study examines the implementation of the principle of good faith in the implementation of lease agreements in Indonesia, both in legal practice and its influence on the legal protection of the parties. Normatively, the principle of good faith is regulated in Article 1338 paragraph (3) of the Civil Code, which requires every agreement to be implemented with honesty, justice, and propriety. However, in reality, the implementation of this principle in lease agreements still faces many obstacles, ranging from the use of standard clauses, imbalance in bargaining position, to the weak understanding of the parties regarding the principle. This study uses a normative legal research method with a statutory, conceptual, and jurisprudential approach. Legal materials are analyzed qualitatively to examine the extent to which the principle of good faith is implemented in leasing practices, both in the housing sector, commercial property, vehicles, and heavy equipment. The results of the study indicate that violations of the principle of good faith often occur, both by owners and tenants, which have an impact on the emergence of legal disputes. In addition, this study found that the role of judges in enforcing the principle of good faith is still inconsistent, although a number of Supreme Court decisions have emphasized the importance of this principle as a controller of the content and implementation of contracts. Therefore, it is necessary to update the law, strengthen the capacity of judges, and increase the role of notaries and advocates in preparing balanced agreements. It is hoped that the implementation of the principle of good faith more optimally will improve justice, legal certainty, and protection of the rights of the parties in lease agreements in Indonesia.
Copyright (c) 2025 Rian Afriandi Putra , Mhd. Azhali Siregar , T.Riza Zarzani https://creativecommons.org/licenses/by-sa/4.0
CRIMINAL RESPONSIBILITY OF CHILDREN IN NARCOTICS CRIMES
This study examines the criminal liability of children in narcotics crimes by highlighting the disharmony between the penal policy stipulated in Law Number 35 of 2009 concerning Narcotics and the principles of child protection as affirmed in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The increasing involvement of children in narcotics abuse and illicit trafficking raises complex legal issues. On the one hand, children as perpetrators of narcotics crimes must be held criminally accountable. However, on the other hand, children are individuals who are still developing and therefore require a rehabilitative approach, not merely a repressive one. The method used is normative legal research, examining primary legal materials in the form of laws and court decisions, as well as secondary legal materials in the form of literature and previous research. The analysis was conducted qualitatively through a legislative and conceptual approach to examine the extent to which the Indonesian legal system provides protection and enforces the law for child drug offenders. Research results indicate that child criminalization in drug cases is often repressive and prison-oriented, potentially leading to negative impacts such as stigmatization, trauma, and failure of social reintegration. Therefore, a reformulation of child criminal liability is needed, emphasizing restorative justice, diversion, and medical and social rehabilitation, particularly for child users and couriers. For child dealers, criminal liability remains possible but must consider the principle of the child's best interests. Therefore, child criminal liability in drug crimes must be directed at a balance between legal certainty, child protection, and the goal of preventing drug abuse.
Copyright (c) 2025 Hasman Hidayah, T. Riza Zarzani, Fitri Rafianti https://creativecommons.org/licenses/by-sa/4.0
The Principle of Legality in Cyber Crimes Comparative Study between Indonesian ITE Law and International Cyber Law
The principle of legality is a fundamental principle in modern criminal law, which demands that no act can be punished without pre-existing legal provisions. In the context of cybercrime, the application of the principle of legality faces significant challenges due to the transnational, complex, and rapidly evolving nature of cyber. This study aims to analyze the extent to which the provisions of cyber crimes in the Indonesian Electronic Information and Transactions Law (UU ITE) fulfill the principle of legality, especially the elements of lex scripta, lex certa, and lex stricta, and to compare them with the provisions of the Budapest Convention on Cybercrime and its implementation in countries such as Germany and Japan. Through a normative legal approach and comparative legal method, this study found that although the ITE Law has formally fulfilled lex scripta, many of its provisions are still vague and open to multiple interpretations, thus failing to fulfill the elements of lex certa and lex stricta. Articles such as Article 27 paragraph (3) and Article 28 paragraph (2) of the ITE Law are often used excessively and repressively, without adequate legal certainty. In contrast, the Budapest Convention emphasizes the formulation of detailed, proportional criminal norms that uphold human rights. The results of this study indicate that cyber criminal law reform in Indonesia is urgently needed to be in line with the principles of a democratic state of law. Harmonization with international standards such as the Budapest Convention is an important step to ensure legal certainty, justice, and protection of digital rights in the information era.
Copyright (c) 2025 Robert Napitupulu , T. Riza Zarzani https://creativecommons.org/licenses/by-sa/4.0
LEGAL PROTECTION FOR THE USE OF TELEDENTISTRY IN DENTAL PRACTICE BASED ON LAW NUMBER 17 OF 2023 CONCERNING HEALTH
In the era of Society 5.0, developments in information and communication technology have brought significant transformations to the healthcare sector, including dental practice through the implementation of teledentistry. Teledentistry enables the delivery of dental health services remotely through digital media, thereby expanding public access to dental health services, especially in remote areas. Despite its convenience, the use of teledentistry raises complex legal and ethical challenges, particularly regarding the protection of patient personal data, dentists' legal responsibilities, and the quality of the doctor-patient relationship. This study aims to analyze legal protection in teledentistry practice based on Law Number 17 of 2023 concerning Health, with an emphasis on aspects of professional ethics and dentists' professional responsibilities. The method used is a normative juridical approach with an analysis of laws and regulations as well as legal literature and medical ethics. The results show that current regulations are still inadequate in regulating teledentistry practice in detail, particularly regarding digital data security, standard procedures for remote diagnosis, and online medical consent mechanisms. Therefore, it is necessary to strengthen regulations and comprehensive ethical guidelines so that teledentistry practices can be carried out safely, ethically, and responsibly in accordance with legal standards and dental professionalism in Indonesia.
Copyright (c) 2025 Viona Shafa Auliya , Marice Simarmata , Marice Simarmata , Sumarno https://creativecommons.org/licenses/by-sa/4.0
Constitutional Justice in the Shadow of Political Interests Analysis of the Legal Reasoning of Constitutional Judges
Constitutional justice is a fundamental principle in a state governed by the rule of law, requiring that every action of state officials consistently adhere to the constitution and be free from political interference. However, in Indonesian constitutional practice, the Constitutional Court often finds itself in a dilemma when its decisions directly impact electoral interests and the agendas of those in power. This study examines how constitutional judges' legal reasoning operates when the constitution is confronted with intense political situations, and how certain decisions demonstrate the tension between the principles of constitutional justice and the dynamics of legal politics. This research employs a normative juridical approach by examining Constitutional Court decisions, particularly those with significant political impact. The analysis focuses on the construction of legal arguments, methods of constitutional interpretation, and their coherence with the principles of constitutional justice as understood in modern constitutional theory. Various literatures, such as Jimly Asshiddiqie's thoughts on the democratic rule of law, Ran Hirschl's concept of the judicialization of politics, and the principle of checks and balances, serve as analytical foundations for interpreting the reasoning of constitutional judges. The results show that the tension between law and political interests does not always result in deviations, but often gives rise to inconsistencies in legal argumentation that erode public trust. This is evident in several strategic decisions that expand or restrict citizens' political rights. Ultimately, this research offers the perspective that strengthening the integrity, quality of reasoning, and transparency of judges' deliberations are key prerequisites for the Constitutional Court to continue functioning as a guardian of constitutional justice amidst the maelstrom of political interests.
Copyright (c) 2025 Indra Utama Tanjung https://creativecommons.org/licenses/by-sa/4.0
ANALYSIS OF EASE OF INFORMATION AND QUALITY OF SERVICE ON THE DECISION TO CHOOSE A PURE UNIVERSITY TEGUH PEMATANGSIANTAR YANG TRUST MEDIATED
This study aims to test and analyze the influence of ease of information and service quality on the decision to choose Murni Teguh Pematang Siantar University and to test and analyze the influence of ease of information and service quality on the decision to choose Murni Teguh Pematang Siantar University mediated by Trust. The population of this study was 227 respondents and with the slovin formula, a sample of 145 respondents was obtained. This research was processed with SEM PLS. From the results of the study, it was found that the ease of information had a positive and significant effect on the trust to choose a pure and firm university in Pematang Siantar. The quality of service has a positive and significant effect on the trust to choose a pure university of Pematang Siantar. Trust has a positive and significant effect on the decision to choose a firm pure university Pematang Siantar. The ease of information has a positive and significant effect on the decision to choose a pure and firm university Pematang Siantar. The quality of service has a positive and significant effect on the decision to choose a pure and firm university Pematang Siantar. The ease of information has a positive and significant effect on the decision to choose a pure university that is firm and firm in Pematang Siantar which is mediated by trust. The quality of service has a positive and significant effect on the decision to choose a pure university that is firm in Pematang Siantar which is mediated by the use of trust.
Copyright (c) 2024 Milton Situmorang Milton Situmorang , Elfitra Desy Surya https://creativecommons.org/licenses/by-sa/4.0
DILEMMA OF EVIDENCE IN THE CYBER ERA REFORMULATION OF LEGAL STANDING OF DIGITAL EVIDENCE IN THE KUHAP AND ITE LAW
The digital era has brought significant changes to the evidentiary system in criminal procedure law. The increasing number of cybercrime cases has made digital evidence a major element in evidence in court. However, the Indonesian criminal procedure law system, especially the Criminal Procedure Code, has not explicitly regulated the legal standing of digital evidence. Meanwhile, the ITE Law, which recognizes electronic evidence as valid, does not have binding technical procedures within the framework of criminal procedure law. This imbalance creates a serious legal dilemma that has an impact on justice and legal certainty. This study uses a normative and comparative legal approach to analyze the inconsistencies between the Criminal Procedure Code and the ITE Law and offers a reformulation of the legal standing of digital evidence. The results of the analysis indicate the need to revise the Criminal Procedure Code to include digital evidence as valid evidence, accompanied by technical implementing regulations and strengthening the competence of law enforcement officers. This reformulation is important so that the evidentiary system does not lag behind the times and continues to guarantee the principle of due process of law in the cyber era.
Copyright (c) 2025 Hasman Hidayah , T. Riza Zarzani , Fitri Rafianti https://creativecommons.org/licenses/by-sa/4.0
CORPORATE CRIMINAL LIABILITY IN CRIMINAL ACTS OF CORRUPTION IN INDONESIA
Corruption in Indonesia is a crime with widespread impacts on state losses, economic stability, and public trust. Developments show that perpetrators of corruption are not only individuals, but also involve corporations as instruments and legal subjects. The recognition of corporations as subjects of criminal acts is reflected in Article 20 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, which states that corporations can be prosecuted and sentenced if the crime is committed by or on behalf of the corporation. Furthermore, the new Criminal Code (Law Number 1 of 2023) further strengthens the position of corporations as subjects of criminal acts in general. This study aims to analyze the legal basis for corporate criminal liability in corruption crimes and examine its implementation in judicial practice. The method used is normative juridical with a statutory and case approach, through primary legal materials in the form of laws and court decisions, and secondary legal materials in the form of books and scientific journals. The results of the analysis indicate that normatively, the legal framework for corporate criminal liability is clear and in line with the doctrine of corporate criminal liability. However, implementation in court still faces several obstacles, such as difficulties in providing evidence, limited types of sanctions, and a lack of technical guidelines for law enforcement officials. Several cases such as PT Giri Jaladhi Wana, PT Nusa Konstruksi Enjiniring, and PT Merial Esa show that corporate criminalization tends to be limited to fines, the amount of which is not commensurate with the state's losses. Thus, reform of corporate criminalization policies for corruption crimes is needed, both through diversifying more effective sanctions and increasing the capacity of law enforcement officials. Criminalization of corporations serves not only as a punishment but also as a means of reforming corporate governance to make it more accountable, transparent, and free from corruption.
Literature Review: Law of Evidence of Medical Crimes in Indonesia Based on Law No. 8 of 2010
This literature review examines the evidentiary law relating to medical criminal offenses within the Indonesian legal framework. The intersection of specialized medical knowledge and established legal principles presents unique challenges in substantiating culpability when medical interventions result in adverse patient outcomes. Proving such offenses requires a nuanced understanding of complicated medical procedures, standards of care, and a clear demonstration of causation, compounded by adherence to Indonesian criminal procedure, particularly concerning the admissibility and weight of evidence. The Indonesian criminal justice system operates on the principle of minimum evidence (at least two valid pieces of evidence) as specified in Article 183 of the Criminal Procedure Code (KUHAP), with Article 184 KUHAP delineating admissible evidence types: witness testimony, expert testimony, documentary evidence (including medical records and Visum et Repertum), indications, and the defendant's statement. The judiciary employs a free evaluation of evidence. Key evidentiary aspects in medical criminal cases include the burden of evidence resting on the public prosecutor, the critical role of medical records, and the indispensable nature of expert testimony. The Indonesian Medical Disciplinary Council (MKDKI) findings also play a role. Notably, Law No. 17 of 2023 concerning Health introduces significant procedural changes, mandating a recommendation from the relevant professional disciplinary council before criminal sanctions can be imposed on healthcare professionals, thereby formalizing the council's pre-prosecutorial involvement. This review synthesizes existing literature and legal frameworks to offer a comprehensive understanding of the current evidentiary landscape and identify areas for enhancing fair and effective legal processes for medical criminal offenses in Indonesia.
Copyright (c) 2025 Novalina Br Kembaren , Marice Simarmata , T. Riza Zarzani https://creativecommons.org/licenses/by-sa/4.0
LEGAL ANALYSIS OF LABOR CRIMES REGARDING LAW NUMBER 1 OF 1970 CONCERNING WORK SAFETY FOR OTHER PEOPLE IN THE WORKPLACE
Fulfillment of protection for workers is the responsibility of the government, workers and employers which is then outlined in regulations and must then be implemented by each company, the government and companies must synergize to ensure the safety and health of workers. However, work safety for others in the workplace must also be the responsibility of the corporation to guarantee protection for everyone else in the workplace. This study aims to analyze the application of corporate criminal law and legislation in the case of not implementing optimal K3 protection for workers/laborers, what factors are the criminal liability of corporations in the occurrence of labor crimes for others, and the legal analysis of labor crimes against everyone else in the workplace according to Law No. 1 of 1970 concerning Occupational Safety. Based on this research, it is concluded that the application of corporate criminal law and legislation in terms of not implementing the protection of K3 workers/laborers has not been running optimally, namely the lack of company awareness of the protection of K3 workers/laborers so that there are still many companies that violate the law and do not implement the K3 provisions which can result in work accidents. Factors of corporate criminal responsibility in the occurrence of labor crimes against everyone else, namely the corporation as the perpetrator of the crime, corporate administrators, giving orders, controlling holders, beneficial owners of the corporation, differences in interests between the corporation and workers. Juridical analysis of labor crimes against everyone else in the workplace according to Law No. 1 of 1970 concerning Occupational Safety, namely according to Article 14 letter c of Law No. 1 of 1970 concerning Occupational Safety 4 states that "Managers are required to provide free of charge all personal protective equipment required for workers under their leadership and provide it to every other person who enters the workplace, accompanied by the necessary instructions according to the instructions required according to the instructions of the supervisory employee or occupational safety expert", therefore the corporation must also be responsible for protecting every other person who is in the company's workplace and the corporation can be found guilty of the crime committed and punished.
Copyright (c) 2025 Muhammad Mujahidin , Rahmayanti https://creativecommons.org/licenses/by-sa/4.0
A Legal Review of the Causes of the Criminal Act of Lobster Seed Smuggling
The smuggling of lobster larvae (BBL) is a serious problem in Indonesian fisheries governance. This phenomenon occurs due to high demand in international markets, particularly Vietnam, which offers significantly higher prices than domestic prices. This economic difference provides a strong incentive for smuggling networks to continue their illegal activities through illegal ports and unofficial sea routes. Changing government regulations from 2016 to 2024 have further exacerbated the situation by creating legal uncertainty and opening up loopholes for illegal practices. The impact is significant: potential state losses reach trillions of rupiah per year, wild lobster populations are under serious pressure, and the country's legal sovereignty at sea is weakened. Legally, the smuggling of baby sharks (BBL) is regulated by Law Number 31 of 2004 concerning Fisheries, as amended by Law Number 45 of 2009 and its adjustments in Law Number 6 of 2023, and detailed in Ministerial Regulation of Maritime Affairs and Fisheries Number 17 of 2021 and Ministerial Regulation of Maritime Affairs and Fisheries Number 7 of 2024. Articles 88 and 92 provide a fairly firm criminal basis, but court sentences are often light and do not have a deterrent effect. From a criminological perspective, this crime meets the criteria of an extraordinary crime due to its massive impact, the involvement of transnational networks, and the weak enforcement of conventional law in addressing it. This study emphasizes the need for a reformulation of the law enforcement paradigm by placing BBL smuggling as an extraordinary crime, so that extraordinary instruments such as financial investigations, asset confiscation, international cooperation, and coastal community empowerment can be used.
Copyright (c) 2025 Daniel Edward Hernando Situmorang, Muhammad Arif Sahlepi, Ismaidar https://creativecommons.org/licenses/by-sa/4.0
ANALYSIS OF SERVICE QUALITY AND PROMOTION ON LOYALTY CUSTOMERS WHO ARE MEDIATED SATISFACTION ON AKELA MEUBEL CITY
This study aims to test and analyze the influence of service quality and promotion on customer loyalty mediated by customer satisfaction in Medan City. The type of research conducted is quantitative research. The research technique carried out was accidental sampling. The sampling technique was carried out by collecting questioners, interview techniques. Data processing is carried out using SMART PLS. The number of poupulations was 50 respondents who were directly used as research samples. The results quality of the study show that a positive and significant effect on satisfaction in Medan furniture acceleration. Promotion has a positive and significant effect on satisfaction at Medan furniture akela. Satisfaction have a positive and significant effect on customer loyalty at Akela Meubel. Service quality has a positive and significant effect on customer loyalty in Medan Furniture. Promotion has a positive and significant effect on customer loyalty at Akela Meubel Medan through satisfaction. Service quality has a positive and significant effect on customer loyalty in Medan furniture through satisfaction. Promotion has a positive and significant effect on customer loyalty in Medan furniture through satisfaction.
Copyright (c) 2024 Erizal, Elfitra Desy Surya https://creativecommons.org/licenses/by-sa/4.0
THE URGENCY OF HARMONIZING CRIMINAL PROCEDURE LAW WITH TECHNOLOGY LEGAL REVIEW OF DIGITAL EVIDENCE IN CYBERCRIME
The development of digital technology has created fundamental changes in the procedures for crime and law enforcement, especially in the context of criminal evidence. The emergence of cybercrime has created major challenges for the Indonesian criminal procedure system which is still based on the conventional approach in the Criminal Procedure Code. One of the main challenges is the use of digital evidence which has been legally recognized by the ITE Law, but has not been fully integrated into the structure of the Criminal Procedure Code. This study aims to analyze the urgency of harmonization between criminal procedure law and technology, especially in terms of digital evidence in cybercrime cases. The approach used is normative juridical, by tracing primary and secondary legal sources and studying jurisprudence. The results of the study indicate a normative and procedural gap in the management of digital evidence, which has an impact on the inconsistency of court decisions and the weak effectiveness of digital criminal law enforcement. The author suggests a comprehensive revision of the Criminal Procedure Code, the preparation of technical guidelines for digital evidence, and increasing the capacity of law enforcement resources. Harmonization of procedural law with technological developments is no longer an option, but an urgent need to ensure criminal justice that is relevant to the times.
Copyright (c) 2025 Nurochman Nulhakim, T. Riza Zarzani, Mhd. Azhali Siregar https://creativecommons.org/licenses/by-sa/4.0
THE INFLUENCE OF LEGISLATIVE CANDIDATES' EDUCATION LEVEL ON THE QUALITY OF THE LEGISLATION PRODUCED IN INDONESIA
In a modern democratic system, legislative institutions play a central role in the formation of laws, policy oversight, and representation of the people's aspirations. However, the minimum educational standards for legislative candidates as stipulated in Article 240 paragraph (1) letter e of Law Number 7 of 2017 concerning Elections, which only requires an equivalent of high school education, raises critical questions regarding the intellectual readiness of legislative candidates to face the complexity of legislative tasks. This study uses a descriptive qualitative method with a normative juridical approach, through a literature review and documentation of regulations, scientific literature, and empirical data to examine legislative candidacy regulations, as well as the relationship between the level of education of legislative candidates and the quality of legislation produced in Indonesia. The results of the study indicate that there is a significant correlation between the level of formal education and the capacity of legislative members to carry out legislative functions. Higher education contributes to increased analytical skills, legal understanding, communication skills, and the quality of the process of formulating and supervising the implementation of laws. Therefore, the level of education has a significant influence on the quality of legislation. Legislators with higher levels of education tend to have better analytical skills and understanding of complex issues, thus producing higher-quality legislative products.
Copyright (c) 2025 Iman Sejati Zendrato , Tamaulina Br. Sembiring https://creativecommons.org/licenses/by-sa/4.0
The Effectiveness of Islamic Banking Regulations on Local Sharia-Based Economic Development in Pari City, Serdang Bedagai
This study examines the effectiveness of Islamic banking regulations in supporting local Sharia-based economic development in Pari City, Serdang Bedagai, North Sumatra. Employing a normative-empirical legal research approach, the study analyzes Islamic banking regulations as positive legal norms while also assessing their implementation and socio-economic impact at the local level. The findings indicate that Indonesia’s Islamic banking regulatory framework, grounded in Law No. 21 of 2008 on Sharia Banking and reinforced by policies of the Financial Services Authority (OJK) and Bank Indonesia, normatively reflects Islamic legal values such as justice (‘adl), trust (amanah), and public welfare (maslahah). Nevertheless, the effectiveness of these regulations in fostering local Sharia-based economic development remains limited due to low levels of Sharia financial literacy, weak institutional outreach, and inadequate coordination between financial institutions and local governments. The study concludes that enhancing regulatory effectiveness requires not only legal certainty, but also strengthened legal awareness, institutional collaboration, and integration of Islamic banking policies with local economic development strategies to achieve inclusive, equitable, and sustainable regional economic growth.
Copyright (c) 2025 M. Erwin Radityo https://creativecommons.org/licenses/by-sa/4.0