Journal Title TATOHI: Jurnal Ilmu Hukum Journal Abbreviation TATOHI J. Ilmu Huk. Language Indonesia ISSN 2775-619X DOI Journal 10.47268/tatohi by Crossref Editor-in-chief La Ode Angga Managing Editor Erwin Ubwarin Heillen M. Y. Tita Muchtar Anshary Hamid Labetubun Welly Angela Riry Publisher Faculty of Law, Universitas Pattimura Citation Analysis Google Scholar OAI https://fhukum.unpatti.ac.id/jurnal/tatohi/oai TATOHI: Jurnal Ilmu Hukum is a scientific journal published by the Faculty of Law, Universitas Pattimura, with a duration of 12 (twelve) times a year, from January to December. This journal is a means of publishing research articles from undergraduate thesis (S1) students of the Faculty of Law, Pattimura University, which is the obligation of every student to upload scientific papers, as one of the requirements for graduation and undergraduate graduation. The article was written by the supervisor and published online. The journal uses English or Indonesian as the language. The scope of writing must be relevant to the disciplines of law, which include civil law, criminal law, constitutional law/state administrative law, and international law. Tatohi: Jurnal Ilmu Hukum has been accredited by Direktorat Jenderal Pendidikan Tinggi, Riset, dan Teknologi No. 177/E/KPT/2024 (SINTA 5), Valid from Vol. 1 No. 10, 2021 until Vol. 6 No. 9, 2026. This journal has been indexed in :
Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. 4. Authors have the right to self-archiving of the article (Author Self-Archiving Policy) Licence : TATOHI: Jurnal Ilmu Hukum is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate but does not imply that the licensor supports you or your use. This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License..
Legal Consequences for Debtors Due to Failure to Remove Fiduciary Guarantees
Introduction: The issue of the non-deletion of fiduciary security remains a matter that continues to be overlooked. In many cases, the deletion is not carried out by the fiduciary recipient, their representative, or attorney after the termination of the principal agreement. This situation causes harm to the fiduciary grantor, even though the loss may not be felt directly. One of the consequences is that when the fiduciary grantor applies for a loan from a financial institution, the application may be rejected because the collateral object is still recorded as active in the fiduciary registry. Purposes of the Research: To identify and analyze the factors behind the non-deletion of fiduciary security and the legal consequences for the fiduciary grantor if the fiduciary security is not deleted. Methods of the Research: The research method used is normative legal research with a statutory approach and case approach. The sources of legal materials used include primary legal materials, secondary legal materials, and tertiary legal materials. The technique for collecting legal materials is carried out through literature study using a qualitative method, along with limited interviews as supporting field data to strengthen the normative analysis. Findings of the Research: The research results show that the failure to delete fiduciary security by the fiduciary recipient is caused by their negligence and lack of awareness regarding the obligation to carry out the deletion. In addition, the absence of strict sanctions for failing to perform the deletion contributes to the issue. This situation causes harm to the public, resulting in disruptions to their economic activities. Therefore, there is a need for stricter regulations concerning the deletion process, and the Ministry of Law and Human Rights must continuously supervise these financing institutions.
Copyright (c) 2026 Miranti Ayu Rachmawati, Nancy Silvana Haliwela, Roulinta Yesvery Sinaga
Religious Freedom and House of Worship Licensing on Private Land
Introduction: This article analyzes the legal protection of religious freedom regarding the licensing of houses of worship built on private land. While the Indonesian Constitution strictly guarantees the right to worship, administrative barriers often hinder this fundamental freedom. This study specifically addresses the practical challenges and discriminatory requirements faced by minority religious groups in navigating restrictive local regulations. Purposes of the Research: The purpose of this article is to evaluate the legal alignment between constitutional rights and administrative regulations regarding the establishment of places of worship. Examine the interaction between individual land ownership rights (Property Certificate) and licensing requirements. Furthermore, this study explores a more sensitive legal protection model to ensure legal certainty for minority groups in Indonesia. Methods of the Research: This study uses a normative legal method by examining legal norms, principles, and doctrines related to religious freedom. The study uses legislative, conceptual, and case approaches, focusing on Gereja Kasih Karunia Indonesia (GEKARI) in Jakarta. Data analysis is carried out qualitatively through systematic and constitutional interpretation of primary and secondary legal materials. Findings of the Research: The findings prove that restrictive administrative requirements, such as local community support, create a "social veto" that undermines constitutional religious freedom. This research offers a novel perspective by integrating agrarian law’s social function with administrative law to protect worship on private property. It concludes that shifting from a social-approval model to objective administrative verification is essential for legal certainty.
Copyright (c) 2026 Ester Debora Siahaan, Hulman Panjaitan, Paltiada Saragi
Abuse of Authority in Modern Automotive Workshop Employment Relationships: An Analysis of Embezzlement in Office in Specialized Car Air Conditioning and Suspension Workshops
Introduction: Embezzlement in office constitutes a form of crime arising from the abuse of trust within employment relationships, particularly in the automotive workshop sector, which is characterized by intensive asset management and high-frequency daily transactions. Modern car workshops operate through complex interactions involving cash handling, spare parts circulation, and technical service authority, creating structural vulnerabilities to occupational crime. Purposes of the Research: This article aims to analyze the practice of embezzlement in office within specialized car air conditioning and suspension workshops, with particular emphasis on the legal construction of employment relationships, the scope of employee authority, and the lawful possession of property that is subsequently abused. Methods of the Research: The research employs a statutory and conceptual approach, focusing primarily on the provisions of Article 488 of the New Indonesian Criminal Code. Doctrinal analysis is used to examine the elements of the offense, especially in relation to authority, trust, and asset control within the framework of employment. Findings of the Research: The analysis demonstrates that the operational characteristics of automotive workshops—such as cash management, spare parts administration, administrative record-keeping, and delegated technical service authority—generate heightened susceptibility to embezzlement aggravated by position. The article asserts that the elements of an “employment relationship” and “trust” constitute decisive factors in establishing embezzlement in office, thereby distinguishing it from ordinary embezzlement. This research underscores the necessity of a comprehensive understanding of employment relations and mechanisms of asset possession to ensure the accurate and proportional application of criminal law.
Copyright (c) 2026 Thomas Albertin, Mompang L Panggabean, Rospita Adelina Siregar
Restorative Justice as an Alternative to Law Enforcement Against the Child of Motorcycle Theft Perpetrators
Introduction: Law enforcement is a concrete effort to reflect the moral values contained in legal norms. The increasing prevalence of motor vehicle theft committed by children is rising in Medan City, supported by complex social, economic, and psychological factors. Purposes of the Research: This research aims to analyze how law enforcement is applied to children who commit motorcycle theft in Medan City, and to identify the causative factors of children's involvement in such criminal acts. Methods of the Research: The research uses a normative juridical approach with qualitative methods through interviews, observations, and literature studies. Findings of the Research: The results indicate that law enforcement against juvenile perpetrators of motor vehicle theft in Medan City is implemented based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, prioritizing a restorative justice approach through diversion mechanisms. This approach is applied because children have not yet achieved full psychological and emotional maturity, making rehabilitation-oriented handling more appropriate. Causative factors include: weak family supervision, peer pressure, economic hardship, low moral education, emotional instability, and inadequate community security systems. Restorative justice serves as an alternative law enforcement approach that emphasizes not only legal certainty but also more humane justice for all parties.
Copyright (c) 2026 Jessyca Octavia Anggi, Sigar P Berutu, Aida Ardini
Legal Consequences of Mafqud (Missing Persons) Wealth According to Islamic Law
Introduction: A missing person case occurred in one of the villages of Padaelo, Lalolang Village, Tanete Rilau District, Baru Regency, South Sulawesi, where a husband disappeared and after 8 years of disappearance he returned to his house which at that time had been sold by the heirs of his wife and child so that he also reported this to the local village government and the results of the report showed that the wife had sold her house and her inheritance in the form of rice fields and then she returned to her hometown. Purposes of the Research: Know and study the procedures for determining the assets of missing persons according to Islamic law and explain the legal consequences for assets according to Islamic law. Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods. Findings of the Research: The research results show that the mafqud's legal status must be determined by a judge through a court process before his assets can be distributed. As long as the status is not clear, mafqud assets must be frozen and cannot be transferred or distributed. The procedure for determining mafqud involves submitting an application by the heirs or interested parties to the Religious Court, taking into account the evidence and the circumstances of the person's disappearance. The legal consequences for Mafqud's assets depend on the judge's decision. If the mafqud is declared dead, his inheritance is distributed to the heirs according to the faraid provisions. However, if the mafqud returns, the property must be returned to him, unless it has been used legally. The role of judges is very important in creating legal certainty and protecting the rights of mafqud, heirs and interested parties.
Copyright (c) 2026 Amidan Zidan, La Ode Angga, Sabri Fataruba
The Judicial Commission's Supervisory Authority on the Behavior of Constitutional Court Judges
Introduction: Indonesia as a legal state upholds the principle of rule of law based on the 1945 Constitution, has institutions such as the Supreme Court, Constitutional Court, and Judicial Commission (KY) that play an important role in the justice system. Purposes of the Research: The purpose of this paper is to analyze and discuss the authority of the Judicial Commission in supervising constitutional judges and to analyze and explain the mechanism of Judicial Commission supervision of constitutional judges after Constitutional Court Decision Number: 005/PUU-TV/2006. Methods of the Research: The type of research used is normative juridical research. The problem approach used is a statutory approach and a conceptual approach. Sources of legal materials are primary legal sources and secondary legal materials. Procedures for collecting legal materials through literature studies. Processing and analyzing legal materials qualitatively. Findings of the Research: The results showed that to achieve a good and ideal judicial system, it can be realized by maintaining the objectivity and integrity of decisions and the behavior of judges in the judicial power, but currently the position and authority of the Judicial Commission (KY) as an external supervisory institution of the judiciary is still very weak due to restrictions by the Constitutional Court Decision Number: 005/PUU/IV-2006 and a narrow interpretation of the 1945 Constitution, so to answer the needs of the community, it is necessary to revise Law Number 18 of 2011 to explicitly emphasize the authority of KY in supervising all judges, including constitutional judges. KY must also be recognized as a state institution that is equal to the Supreme Court and the Constitutional Court in the Indonesian constitutional system, in accordance with the principle of checks and balances, to ensure effective, transparent and accountable supervision.
Copyright (c) 2026 Almendo Imanuel Pohwainyaan, Hendrik Salmon, Muhammad Irham
The Legal Structure's Impact on Crime Reduction: Challenges and Opportunities
Introduction: This paper analyzes the strategic role of legal structure in addressing crime as a social phenomenon that threatens public order and legal stability. Legal structure comprises legal norms and law enforcement institutions, including the police, prosecutors, courts, and correctional facilities, which collectively support crime prevention, law enforcement, and offender rehabilitation. Purposes of the Research: The research aims to examine the functions of legal structure in preventing, suppressing, and rehabilitating criminal conduct, as well as to identify institutional and societal challenges affecting the effectiveness of crime control. Methods of the Research: This study applies a normative juridical approach, using statutory and conceptual analysis to assess criminal law policies and the performance of the criminal justice system in crime prevention and control. Findings of the Research: The findings reveal that legal structure operates through three key stages: legislative formulation grounded in legality, proportionality, and humanism; judicial application requiring institutional coordination within the criminal justice system; and administrative execution focused on offender rehabilitation and reintegration. The study identifies internal obstacles such as corruption, limited institutional capacity, regulatory complexity, and bureaucratic inefficiency, alongside external challenges including low public legal awareness, unequal access to justice, and rapid technological change. The research proposes reforms to strengthen institutional integrity, enhance legal capacity and infrastructure, harmonize regulations, expand legal education and free legal aid, and promote restorative justice involving community participation. The originality of this study lies in its integrated, stage-based analysis of legal structure and its emphasis on institutional synergy and public engagement as essential elements for sustainable crime prevention and substantive justice.
Copyright (c) 2026 Sintong Hamonangan M D, Mompang Lycurgus Panggabean, Rospita Adelina Siregar
The Effectiveness of the Absentee Ownership Ban in Supporting National Food Security
Introduction: Agricultural land constitutes a strategic foundation for national food security and food sovereignty. However, absentee ownership—where land is held by individuals who neither reside near nor actively cultivate it—continues to weaken agricultural productivity and distort land governance. Although the Basic Agrarian Law formally prohibits such practices, structural and normative deficiencies hinder effective enforcement. Purposes of the Research: This study aims to analyze the effectiveness of absentee ownership prohibition regulations and formulate policy recommendations to improve their implementation in order to support food security. Methods of the Research: The research employs a normative juridical (doctrinal) method focusing on positive legal norms governing absentee land ownership. It utilizes statutory, conceptual, and public policy approaches to assess regulatory coherence, enforcement limitations, and the need for reform, particularly in strengthening agrarian governance and its integration with national food policy frameworks. Findings of the Research: The findings demonstrate that the existing regulatory regime remains weak in supervision, operational definitions of active management, progressive sanctioning mechanisms, and integration with sustainable agricultural land protection policies. This study advances agrarian scholarship by repositioning the expansion of the absentee prohibition as a strategic governance instrument directly linked to land productivity, sustainable utilization, and national food security enhancement. This research offers a new perspective by integrating the prohibition of absentee ownership into a comprehensive food security policy framework, which has not been widely explored in the literature.
Copyright (c) 2026 Soediro Soediro, Mahdi Muhammad
Legal implications Parental Responsibility Due to Electronic Agreements Made by Minors
Introduction: The current era of globalization has resulted in very rapid technological developments, people are facilitated in meeting their needs through electronic transactions. However, the ease of conducting electronic transactions means that it can also be done by minors, this certainly has legal consequences from the electronic agreement made so that parents/guardians can be held accountable for the agreement. Purposes of the Research: The purpose of this study is how to enrich the understanding of parental responsibilities in electronic agreements carried out by minors. Methods of the Research: Normative legal research, with a statute approach and a conceptual approach. Findings of the Research: Results study This show that agreement electronics that are done by children under age , no legitimate in a way law based on Article 1320 of the Civil Code and Article 46 of the Regulations Government Number 71 of 2019 concerning with condition legitimacy a agreement . Parents or guardians are responsible answer on agreement electronics that are done by child , responsibility answer the in law civil Indonesia known with draft vicarious liability (responsibility substitute ) which is set in Article 1367 of the Civil Code , in matter this parents can do payment on purchased products or follow intrusion from the party perpetrator business For repair error (filing return goods).
Copyright (c) 2026 Elma Souhoka, Teng Berlianty, Muchtar Anshary Hamid Labetubun
Removal of Boundary Markers on Sebatik Island: Legal Implications for Regional Sovereignty and Protection of Border Communities
Introduction: Borders represent a manifestation of state sovereignty. The relocation of boundary markers between Indonesia and Malaysia on Sebatik Island without formal agreement violates international law. Such actions may alter legally recognized territorial boundaries and thus constitute a breach of sovereignty, potentially leading to serious legal implications. Purposes of the Research: The purpose of this study is to analyze the legal consequences of relocating boundary markers between nations, particularly between Indonesia and Malaysia on Sebatik Island. It also examines the implications for territorial sovereignty, bilateral relations, and the provisions of international law governing officially recognized and binding state borders. Methods of the Research: This research is a normative legal research “legal research" is a study of documents (using legal material sources such as laws and regulations, court decisions, legal theories and or opinions of scholars). In simple terms, this type of research is also called doctrinal legal research, literature or document studies. Findings of the Research: The study found that unilateral stake removals not only violate international law, but also threaten the economic and social rights of border communities, as well as weaken Indonesia's bargaining position in bilateral negotiations. In addition, weak surveillance in the border area also allows for unilateral transfers by interested parties.
Copyright (c) 2026 Gracio Sulistyo Titaley, Josina Augustina Yvonne Wattimena, Wilshen Leatemia
Legal Analysis of Inmate Development to Optimize the Correctional System in Cirebon Prison
Introduction: This article examines the legal and practical framework of inmate development within Indonesia’s correctional system following the enactment of Law Number 22 of 2022 on Corrections. It highlights ongoing challenges in ensuring that correctional institutions effectively fulfill their rehabilitative mandate, with Cirebon Class IIA Correctional Facility serving as the primary locus of analysis. Purposes of the Research: The purpose of this study is to analyze the legal regulation of inmate development under Law Number 22 of 2022, evaluate its implementation in Cirebon Class IIA Correctional Facility, and identify inhibiting factors as well as the institutional efforts undertaken to optimize inmate development in accordance with national correctional standards. Methods of the Research: This research employs a descriptive qualitative design combining normative and empirical juridical approaches. Secondary legal materials from primary and secondary sources underpin the analysis. Data interpretation uses a deductive reasoning model through syllogistic analysis to assess the alignment of legal norms with on-ground practices in the implementation of inmate development programs. Findings of the Research: This study confirms that the Cirebon Class IIA Correctional Institution has made great efforts to fulfill the rights of inmates in accordance with the mandate of the Law on Corrections, which is manifested in the implementation of spiritual, social, health, and vocational development programs. These institutional efforts include the provision of routine religious guidance, psychological and social counseling, health seminars, and vocational skills training such as carpentry, agriculture, and handicrafts. However, the optimal implementation of these programs is severely hampered by significant structural challenges, namely severe overcapacity of inmates, limited number of correctional personnel and professional experts (psychologists, social workers, vocational instructors), and inadequate facilities and infrastructure to accommodate and support development activities effectively. The study highlights the gap between the ideal legal framework (das sollen) and the operational reality on the ground (das sein), while also demonstrating collaborative initiatives with external parties and proposals to increase resource allocation as mitigation measures.
Copyright (c) 2026 Suyadi Kowasmar Putra, Fatin Hamamah, Walim Walim
Cyber Sovereignty and Artificial Intelligence Regulation in Indonesia as A Strategy for Strengthening Legal Frameworks and Public Protection
Introduction: The rapid development of artificial intelligence (AI) in Indonesia has brought significant transformations in the economic, communication, and public service sectors, while also giving rise to the potential for cybercrimes, such as digital fraud, identity manipulation, and the spread of false content. This phenomenon underscores the urgency of establishing a comprehensive legal framework to close regulatory loopholes that have the potential to threaten legal certainty, accountability, and human rights protection. Purposes of the Research: This study aims to analyze the urgency and regulatory strategy of AI in Indonesia through an integrated approach that includes regulatory structure, legal substance, and legal system based on the principle of cyber sovereignty. Methods of the Research: The research uses a normative juridical method by examining primary legal materials, such as national laws and regulations and relevant international legal instruments, as well as secondary legal materials in the form of literature, journals, and opinions of legal experts. Findings of the Research: Through an integrated approach that includes regulatory structures, legal substances, and legal systems based on the principle of cyber sovereignty, it is found that Indonesia needs adaptive, comprehensive, and sustainable AI regulations to ensure human rights protection, digital security, and responsible use of technology.
Copyright (c) 2026 Shafa Sakinah Abdi, Pingki Pratiwi
Legal Review of Drone Use as Weapons and Surveillance Tools in Armed Conflict: An International Humanitarian Law Perspective
Introduction: This article examines the use of unmanned aerial vehicles (drones) as weapons and surveillance tools in armed conflict. The core issue lies in the potential inconsistency between current drone practices and fundamental principles of international humanitarian law, specifically distinction and proportionality. Purposes of the Research: This research aims to analyze the legality of drone deployment in armed conflict under international humanitarian law. Methods of the Research: This research uses a normative legal method with a literature study approach, focusing on the analysis of relevant laws and international legal documents. Findings of the Research: Findings indicate that drone use can violate the principles of distinction and proportionality, often leading to disproportionate civilian casualties due to difficulties in distinguishing between military and civilian targets. Furthermore, the absence of specific international regulations on drone warfare creates a legal vacuum, increasing the risk of violations and abuse. Therefore, the study concludes that specialized regulations are urgently needed to align technological advancements with humanitarian law principles.
Copyright (c) 2026 Priska Marsya Lourens, Johanis Stenly Franko Peilouw, Armelia Febrianty Waas
Causation in Medical Malpractice: Evaluating Conditio Sine Qua Non, Adequate Causation, and Objective Imputation in Indonesian Court Decisions
Introduction: This study examines the application of causation theories in medical malpractice cases, focusing on the complex intersection between medical uncertainty and legal certainty. Within the inherently multi-causal nature of clinical practice, establishing a definitive causal link between a physician's omission and a patient's death remains a significant judicial challenge in Indonesia. Purposes of the Research: This research aims to evaluate the consistency of judicial reasoning in applying causation theories through an in-depth analysis of the District Court of Denpasar Decision No. 126/Pid.Sus/2011/PN.Dps. Furthermore, it seeks to identify whether the court's approach aligns with modern normative attribution standards in criminal law. Methods of the Research: Employing a normative legal research method with statute, case, and conceptual approaches, the study compares conditio sine qua non, adequate causation, and objective imputation. Findings of the Research: Findings reveal a “methodological shift” in judicial reasoning, moving from rigid factual analysis towards elements of adequate causation and objective imputation. However, a critical flaw identified is the court's failure to distinguish between “inherent medical risks” and “negligent risks”. The novelty lies in exposing the inconsistent application of these theories, leading to legal unpredictability. The study concludes that Indonesian courts require a more robust normative framework, particularly the integration of objective imputation, to ensure criminal liability in medical malpractice is assessed based on professional standards, not just fatal outcomes.
Copyright (c) 2026 James Wilson Muabuay, Mompang Lycurgus Panggabean, Rospita Adelina Siregar
Legal Implications of Joint Property Control by the Second Wife in Inheritance Disputes Islamic Law Perspective
Introduction: Inheritance disputes in polygamous families often lead to conflict, especially when the second wife controls all the inheritance without a fair division to the first wife and her children. Purposes of the Research: The purpose of this study is to find out the procedure for distributing inheritance to the first and second wives in accordance with Islamic principles, as well as to find out the legal consequences for the joint property of the first wife that is controlled by the second wife. Methods of the Research: This research uses a normative juridical method with a legislative and conceptual approach, and is analyzed qualitatively. The data sources come from literature studies, legal literature, laws and regulations, and the Compilation of Islamic Law. Findings of the Research: The procedure for distributing inheritance to the heirs of the deceased husband begins with identifying the inheritance, including inheritance and joint property, then deducting debts, funeral expenses, and wills, before being distributed to the heirs according to fariath. As a result of the law of the joint property of the first wife which is controlled by the second wife, without a valid legal basis, it is contrary to the principle of justice in Islam and can be considered as an act of ghasab (deprivation of rights). Wives in polygamous marriages are only entitled to joint property acquired during their respective marriages. Therefore, the second wife is not entitled to control the property that is the result of the husband's marriage to the first wife. Such possession can give rise to the obligation to restore rights, trigger inheritance conflicts, and lawsuits from other heirs.
Copyright (c) 2026 Muhammad Haidir Akbar, La Ode Angga, Barzah Latupono
The Urgency of Regulating the In Dubio Pro Natura Principle within the National Environmental Law System
Introduction: This article examines the alleged corruption in tugboat service operations at Pangkalbalam Port between 2020 and 2022. The issue emerged from several vessels that were not charged tugboat service fees, raising suspicions of potential state losses. The case became a legal concern because service exemptions in state-owned port enterprises must comply strictly with national maritime regulations. Purposes of the Research: The purpose of this study is to conduct a juridical analysis of whether the absence of tugboat service charges constitutes a corruption offense under Indonesian anti-corruption law. This research further seeks to clarify the legal classification of vessels subject to mandatory tug services and evaluate the regulatory compliance of port operators in determining service obligations. Methods of the Research: This study applies a normative juridical method using statutory, case, and jurisprudential approaches. Data sources include case files, maritime transport laws, Ministerial Regulations on pilotage and towage services, internal tariff policies of PT Pelindo, and relevant court decisions. These legal materials are analyzed systematically to determine whether all elements of corruption and state financial loss are fulfilled based on applicable legislation. Findings of the Research: The findings prove that the vessels exempted from tugboat service charges were legally categorized as non-mandatory tug vessels under Law Number 17/2008, Ministerial Regulation PM 57/2015, and PT Pelindo’s tariff policies. No elements of abuse of authority, illicit enrichment, or state financial loss were found; therefore, the case could not proceed to prosecution. This research offers novelty by clarifying vessel-classification mechanisms and recommending improved regulatory understanding for port operators.
Copyright (c) 2026 M Haikal Atabiya, Evi Retno Wulan
Normative Contestation between Severance Pay and Employment Social Security in Indonesian Labour Law
Introduction: This article analyzes the normative contestation between severance pay and employment social security benefits within Indonesian labour law following recent legislative reforms. The blurring distinction between employer-based severance obligations and contributory social security schemes has generated legal uncertainty, inconsistent judicial decisions, and potential erosion of worker protection principles in termination of employment cases. Purposes of the Research: The purpose of this research is to examine whether employment social security benefits, particularly Old-Age Security Benefits and Pension Security Benefits, may be lawfully interpreted as substitutes for or deductions from severance pay. The study aims to clarify doctrinal boundaries and reaffirm the protective function of labour law grounded in justice and employer responsibility. Methods of the Research: This research employs normative legal research using statutory, conceptual, and case approaches. Primary legal materials include labour legislation, constitutional provisions, and industrial relations court decisions, supported by scholarly literature. Legal interpretation and systematic analysis are applied to identify normative inconsistencies and formulate prescriptive legal conclusions. Findings of the Research: The findings reveal a fundamental normative misreading that conflates severance pay with employment social security benefits. This research offers originality by demonstrating that such substitution reallocates termination risk to workers, undermines legal certainty, and weakens labour protection. It proposes reaffirming severance pay as an independent, mandatory labour right.
Copyright (c) 2026 Ade Chandra Kurnia, Rusdianto Sesung, Febrian Rizki Pratama
Distribution of Royalties for Songs Created by Husband After Divorce
Introduction: This study analyzes the distribution of royalties on songs created by husbands after divorce as a form of joint property in marriage. This issue is significant in Indonesia, considering that royalties are included as Intellectual Property Rights that can provide economic value for divorced couples, but are not yet fully protected and often trigger legal disputes. Purposes of the Research: This study aims to explain the mechanism for the distribution of royalties from songs created by a husband after divorce as joint property and the legal consequences for wives who do not receive these royalties. Methods of the Research: This study uses a normative legal research method with a statutory and conceptual approach. The analysis was conducted based on Law Number 1 of 1974 in conjunction with Law Number 16 of 2019 concerning Marriage, Law Number 28 of 2014 concerning Copyright, and Government Regulation Number 56 of 2021 concerning the management of royalties for song and/or music creations. Findings of the Research: The results of this study reveal that royalties for songs created by the husband obtained during the marriage are included in joint assets that must be divided fairly in accordance with Article 35 and Article 37 of the Marriage Law. A wife who does not receive her share can file a lawsuit to obtain legal protection for the royalties. This division can also be carried out through deliberation, mediation, or court decisions to ensure justice for both parties.
Copyright (c) 2026 Jilly Sekale Latusawaule, Barzah Latupono, Muchtar Anshary Hamid Labetubun
Legal Analysis of Alleged Corruption in Vessel Services within State-Owned Port Service Enterprises
Copyright (c) 2026 Faisal Risnandi, Fatin Hamamah, Walim Walim
Criminal Act of Child Neglect in the Household
Introduction: Children are one of the groups who often become victims of discrimination, violence and exploitation. As a legal state based on Pancasila as the ideology and foundation of a state that upholds the values of social justice, Pancasila has the aim of achieving balance, or harmony and being able to embrace society. Purposes of the Research: The purpose of this paper is to analyze and discuss the regulation of the crime of child neglect in the household scope in laws and regulations and to analyze and discuss the form of the crime of child neglect in the household scope. Methods of the Research: The type of research used is normative legal research. The problem approach used is the legislative approach and the conceptual approach. The sources of legal materials are primary legal materials and secondary legal materials. The procedure for collecting legal materials through literature studies. Qualitative processing and analysis of legal materials. Findings of the Research: The results of the study show that the regulation of the crime of child neglect in laws and regulations is regulated in the Criminal Code (old), the Child Protection Law, the Domestic Violence Law and Law Number 1 of 2023 concerning the Criminal Code (New). Child neglect is more explicitly regulated in the Child Protection Law. This is based on Article 9 paragraph (1) of the Domestic Violence Law where the provisions indicate that the regulation of the crime of neglect is not limited to children, but rather to a wider scope. Therefore, when the Domestic Violence Law is compared with the Child Protection Law, it is clear that the Child Protection Law specifically regulates child neglect. The results of further research show that child neglect is a form of domestic violence and is included in the category of criminal acts or acts prohibited by criminal law and perpetrators of domestic neglect can be subject to sanctions. The forms of child neglect in the household are physical neglect, educational neglect, emotional neglect and medical neglect.
Copyright (c) 2026 Indah Glodia Marlissa, Sherly Adam, Margie Gladies Sopacua
Reconstructing the Purpose of Sentencing: Rethinking the Effectiveness of Imprisonment in the Contemporary Legal System
Introduction: Indonesia's criminal justice system still places imprisonment as the primary sanction, although its effectiveness is increasingly questioned. The high occupancy rates in correctional facilities, the burden on the state budget, and weak social reintegration indicate a mismatch between the idealized goals of criminal punishment and the reality of practice. This situation calls for a reevaluation of the relevance of prison sentences within the framework of contemporary criminal law. Purposes of the Research: This study aims to re-examine the effectiveness of prison sentences within the framework of Indonesian criminal law following the latest codification, by considering their suitability in relation to the objectives of modern sentencing. The focus is on formulating a prison sentence concept that is proportional, measurable, and oriented towards rehabilitation and social reintegration, making it relevant for the development of criminal law theory and national policy. Methods of the Research: This research uses a normative legal method, focusing on a doctrinal study of statutory regulations, doctrines, and criminal law literature. The approaches used include legislative, conceptual, and comparative approaches to examine the effectiveness of imprisonment and its relevance within the framework of the 2023 Criminal Code, resulting in a systematic, measurable, and academic analysis. Findings of the Research: This study highlights the opportunity to reorganize the orientation of criminal sanctions through the latest codification of criminal law. Imprisonment, no longer dominant, becomes a last resort for minor offenses. Normative analysis reveals the weaknesses of prison, encouraging alternative penalties. This study reconstructs the objectives of criminal sanctions, offering a concept that is more proportional, rehabilitative, and relevant to the needs of national law and policy.
Copyright (c) 2025 Didik Purnomo, Bagus Hendradi Kusuma
Diversion Regulation for Public Transport Drivers in Criminal Justice to Enhance Road Safety
Introduction: Road transportation plays a vital role in Indonesia’s economic mobility, where public transport drivers are responsible for safely moving people and goods. National data from Social Security Administration and the Indonesian National Police (Korlantas) shows that 61% of traffic accidents are caused by human error, including drivers’ lack of skill, negligence, and reckless behavior, followed by 9% vehicle factors and 30% infrastructure and environmental factors. Purposes of the Research: This article examines the legal framework of diversion as an alternative settlement mechanism for traffic crime cases committed by public transport drivers within Indonesia’s criminal justice system. It also analyzes the requirements of diversion under Articles 310 and 311 of Law Nomor 22 of 2009 and evaluates its implementation in Purwakarta Regency based on fairness, legal certainty, and restorative justice principles. Methods of the Research: This study employs an empirical legal research method to observe how the law operates in practice within society. Data were gathered through field observation, documentation, and analysis of traffic accident cases involving public transport drivers in Purwakarta. The empirical approach enables the researcher to examine the effectiveness of diversion policies within real criminal justice processes. Findings of the Research: The findings show that the regulation of diversion for public transport drivers in traffic accident cases has been effective in Purwakarta. In fatal accident cases, suspects are charged under Article 310(4) of Law Number 22/2009 jo. Article 77 of the Criminal Code. However, when the driver also suffers serious injuries requiring prolonged treatment, diversion may proceed, enabling restorative and legally certain case resolution within the criminal justice system.
Copyright (c) 2025 Djajadi Djajadi, Fatin Hamamah, Walim Walim
The Role of Regional Regulations in Optimizing Public Order, Public Order, and Community Protection
Introduction: The regulation of public order and community protection is essential in urban governance, especially in cities experiencing rapid social changes. Yogyakarta City Regional Regulation Number 7 of 2024 concerning the Implementation of Public Order, Community Protection, and Peace serves as a legal framework aimed at fostering an orderly, safe, and participatory urban environment. Purposes of the Research: The purpose of this study is to examine the normative legal basis, institutional implications, and socio-cultural impact of the regulation, as well as its effectiveness in supporting local initiatives to maintain public order and promote legal awareness in the community. Methods of the Research: The research method used in this article is normative juridical, focusing on the analysis of legal norms and their application through statutory, conceptual, and comparative approaches. Legal materials are obtained from legislation, official documents, and scholarly sources, and analyzed qualitatively to evaluate the implementation and implications of the regulation. Findings of the Research: The findings of this study show that the regulation not only strengthens the authority of law enforcement but also promotes community participation through the innovative Model Kampung Panca Tertib program. The five pillar Orderly Buildings, Orderly Roads, Orderly Business, Orderly Environment, and Orderly Society serve as tools to develop a sustainable legal culture at the grassroots level. However, the success of the regulation largely depends on institutional capacity, consistent community engagement, and long-term support from local government actors. Collaboration among stakeholders is essential to realize inclusive and civilized public order.
Copyright (c) 2025 Bagus Anwar Hidayatulloh, Murdoko Murdoko
The Legal Consequences of Goods Returns on Business Entities under the Cash on Delivery Payment System
Introduction: E-commerce is a part of e-business that focuses on online buying and selling transactions carried out through electronic media, such as the internet. Payments for E-commerce transactions appear in various forms, for example, e-wallet, micropayment, credit card, even with a cash on delivery (COD) payment system. Purposes of the Research: This research aims to understand and explain the regulations of cash on delivery payment systems in e-commerce and the legal consequences of product returns for business entities regarding cash on delivery payment systems. Methods of the Research: This is conducted through a normative legal method using a statutory approach and a conceptual approach. Findings of the Research: Based on this research, the regulation of the on-site payment system is regulated in the Civil Code, Consumer Protection Act, Electronic Information and Transaction Law and Government Regulation on the Implementation of Electronic Systems and Transactions. The legal consequences experienced by business entities regarding the return of goods made by consumers when shopping through E-commerce are paying compensation to consumers if the goods are not in accordance or damaged and returns with a mechanism that has been determined by each marketplace. The form of guarantee given by the marketplace if the goods are not in accordance or damaged is in the form of free shipping when returning goods which will be fully borne by the marketplace. Meanwhile, if the goods are in accordance, consumers cannot claim a guarantee and are required to make payments with the on-site payment system.
Copyright (c) 2025 Oriza Shativa Amradarika Gultom, Teng Berlianty, Roulinta Yesvery Sinaga
Judge's Considerations in the Matter of Changing the Status of Whistleblower to Justice Collaborator
Introduction: This study discusses the judge's considerations in the case of Daud Ndakularak who initially had the status of a whistleblower and then switched to become a justice collaborator in a corruption case. The focus of the research lies in the analysis of juridical and non-juridical considerations of judges, as well as the application of the provisions of the Supreme Court Circular Letter Number 4 of 2011 regarding the requirements for the change in status. Purposes of the Research: This study aims to analyze the judge's review of the change in the status of Whistleblower to Justice Collaborator on the decision of Daud Ndakularak. Methods of the Research: The research method used is normative juridical with a case study approach, through the analysis of court decisions and related laws and regulations. Findings of the Research: The panel of judges considers both juridical and non-juridical aspects before deciding the case. Juridical considerations include the analysis of the indictment, demands, evidence, and elements of the article charged, while non-juridical considerations include circumstances that are aggravating and mitigating to the defendant. The judge also referred to the provisions of the Supreme Court Circular Letter Number 4 of 2011 in assessing the feasibility of changing the status of whistleblower to justice collaborator. The final verdict revealed that the defendant was legally proven innocent in terms of committing a criminal act of corruption as contained in the primary indictment, therefore the defendant was given freedom from the indictment. This reveals that the judge's assessment of this case or issue is in accordance with the applicable legal provisions.
Copyright (c) 2025 Zhandika Putratama Cylie, Sukmareni Sukmareni
Legal Liability of Bhukti Praja Sewakadarma Regional Housing for Vehicle Loss
Introduction: The issue of vehicle loss in paid parking areas has frequently led to disputes between consumers and parking operators in Indonesia. In practice, parking operators often attempt to avoid liability by including exemption clauses on parking tickets, thereby creating legal uncertainty for consumers. This situation becomes particularly significant when examined in relation to the role of the Regional Public Company (Perusahaan Umum Daerah / Perumda) Bhukti Praja Sewakadarma, which manages parking facilities in Denpasar City as part of its public service function. This study seeks to examine the legal framework governing the liability of parking operators for vehicle loss under Indonesian legislation and to analyze the scope and limits of Perumda Bhukti Praja Sewakadarma’s legal responsibility within the framework of positive law. Purposes of the Research: The purpose of this research is to analyze the legal standing of parking service users vis-à-vis parking operators and to determine the form of liability that may be imposed on Perumda Bhukti Praja Sewakadarma in the event of vehicle loss. Methods of the Research: The research employs normative legal methods with statutory, conceptual, and case approaches, supported by descriptive qualitative analysis. Findings of the Research: The findings indicate that parking operators, including Perumda Bhukti Praja Sewakadarma, bear strict liability in protecting consumers against losses arising from vehicle theft or disappearance. Jurisprudence, particularly the Central Jakarta District Court Decision Number: 551/Pdt.G/2000/PN Jkt.Pst, confirms that exemption clauses contained in parking tickets are legally invalid. The originality of this research lies in its emphasis on delineating the scope of liability of Perumda as a regional public company, demonstrating the integration of public service principles with consumer protection in the context of parking management.
Copyright (c) 2025 Ni Nyoman Tara Ningrat, I Gede Agus Kurniawan
Sentencing Disparities in Judicial Considerations of Electronic Sexual Violence Cases
Introduction: Indonesia, as a state governed by the rule of law, upholds equality before the law and the protection of human rights as fundamental principles. However, the rapid development of digital technology has created new challenges, particularly the emergence of electronic sexual violence, which has raised significant public concern. Although Law Number: 12 of 2022 regulates such crimes, judicial practice reveals sentencing disparities that undermine legal certainty and victim protection. Purposes of the Research: This study aims to analyze the causes of judicial sentencing disparities in cases of electronic sexual violence and examine their implications for law enforcement in Indonesia. Methods of the Research: The research employs a normative juridical method with a library research approach. Data were collected from primary legal materials such as statutory regulations, secondary legal materials including literature, doctrines, and previous studies, as well as tertiary legal materials such as legal dictionaries and encyclopedias. Findings of the Research: The findings indicate the existence of disparities in three court decisions that applied similar provisions but resulted in significantly different sentences. Factors contributing to these disparities include differences in judicial interpretation, the application of individualized sentencing principles, and non-juridical considerations. Such disparities have serious implications, including diminished legal certainty, reduced deterrence for offenders, weakened victim protection, and declining public trust in the judiciary. Therefore, the establishment of consistent, transparent, and victim-oriented sentencing guidelines is essential to ensure substantive justice in Indonesia’s criminal justice system.
Copyright (c) 2025 Mohamad Nazrin, Bayu Prasetyo, Elviandri Elviandri
Sexual Violence Against Girls Committed by Next of Kin
Introduction: Sexual violence against children has long-term impacts and reflects systemic failures in protection, especially when perpetrators are family members. Despite existing regulations, cases continue to rise, and victims often remain silent due to social pressure. This study is needed to understand the root causes and develop more effective prevention strategies. Purposes of the Research: This study aims to analyze the contributing factors of sexual violence committed by close family members against children and to examine the efforts made to address the issue. Methods of the Research: The method used is empirical juridical research with a descriptive qualitative approach. Findings of the Research: The research findings reveal that the main factors contributing to sexual violence within families include economic dependence, power dynamics, individual factors, family dysfunction, and socio-cultural influences. Common modus operandi used by perpetrators involve power relations, threats and intimidation, emotional manipulation, normalization of abuse, and creating opportunities for violence. In terms of curative approaches, relevant institutions provide psychological support and rehabilitation, legal aid and advocacy, medical care and recovery, temporary shelters, as well as social reintegration and family support.
Copyright (c) 2025 Victor Riko Febrianko Timisela, Margie Gladies Sopacua
Implementation of Investigation into School Uniform Corruption Crime
Introduction: The perpetrators of corruption crimes are difficult to detect and organized by one person, the Payakumbuh District Attorney's Office, which handles the case, being one of the institutions assigned to handle this case. An ideal and balanced solution is needed to address this crime, which may be considered a national problem. Purposes of the Research: Examining the implementation, factors and obstacles that occur in the crime of corruption of elementary and junior high school uniforms within the Education Office (Disdik) of Fifty Cities Regency at the Payakumbuh District Attorney's Office. Methods of the Research: This research utilizes an empirical juridical research strategy, which is an approach to studying law with a focus on the direct application of legal rules that apply to various legal events that occur in society. Findings of the Research: The implementation of investigations into corruption cases at the Payakumbuh District Attorney's Office, prosecutors face several obstacles, to overcome these obstacles strategic efforts are needed, with these efforts, especially at the Payakumbuh District Attorney's Office, can take place faster, transparently, and in accordance with the principles of justice, as well as regrow public trust in law enforcement, with the aim of enforcing the law, restoring state finances, and providing a deterrent effect for perpetrators corruption.
Copyright (c) 2025 Sarah Firdaus, Sukmareni Sukmareni
Misuse of Forest Products Transport Documents
Introduction: This study examines the juridical review of the misuse of timber transport documents in Sidenreng Rappang Regency, with a case study of Decision Number 222/PID/B/LH/2023/PN Sdr. Purposes of the Research: The study aims to identify the forms of misuse of timber transport documents and analyze the judge's considerations in sentencing offenders involved in such misuse. Methods of the Research: The research employs a normative-empirical approach. The normative approach involves analyzing legal theories, principles, doctrines, and relevant regulations, such as Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction. The empirical approach is conducted through direct observation and interviews with judges at the Sidenreng Rappang District Court. Findings of the Research: The result reveal that the misuse of timber transport documents occurs when the documents used do not correspond to the actual physical condition of the transported timber, thereby violating applicable legal provisions. In Decision No. 222/PID/B/LH/2023/PN Sdr., the judge considered various factors, including aggravating and mitigating circumstances, before imposing a sentence of one year in prison and a fine of IDR 500,000,000. However, from the author's perspective, this decision requires further review, considering the possible involvement of other parties in this criminal act.
Copyright (c) 2025 Muhammad Alief Faizal Ramadhan, Asram Asram, Wahyu Rasyid