The Annual Review of Legal Studies aims to provide an in-depth, multidisciplinary annual review in the field of legal studies. The journal's scope encompasses a comprehensive understanding of the latest developments in legal theory, legal practice, legal policy, and relevant legal issues globally. The primary focus of ARLS is to present critical and evaluative analyses of key topics in legal studies, including but not limited to Legal Theory, Legal Practice, Legal Policy, and Contemporary Legal Issues. The Annual Review of Legal Studies welcomes contributions in the form of review articles, research papers, essays, and book reviews that provide fresh insights and deep understanding of the complex dynamics within legal studies. The journal is intended for academics, researchers, legal practitioners, and policymakers interested in expanding their knowledge and understanding of law in contemporary contexts. Title : Annual Review of Legal Studies Editor in Chief : Ratih Damayanti, S.H., M.H. ISSN : 3047-7581 [Print] 3047-7875 [Online] DOI Prefix : 10.15294/arls Publisher : Faculty of Law, Universitas Negeri Semarang Frequency : Quarterly (January, May, September)
Faculty of Law, Universitas Negeri Semarang
Implikasi Pendaftaran Merek Dagang Terhadap Perkembangan Usaha Pengrajin Kulit di Desa Manding, Yogyakarta
Merek memiliki peran penting bagi pengrajin kulit di Desa Manding, Yogyakarta. Banyak para pengrajin kulit di Desa Manding yang belum menyadari pentingnya pendaftaran merek produknya. Permasalahan dalam penelitian ini adalah bagaimana pendaftaran merek oleh para pengrajin kulit di Desa Manding Yogyakarta ? Serta apa implikasi pendaftaran merek dagang terhadap perkembangan usaha pengrajin kulit di Yogyakarta ?. Jenis penelitian yang digunakan adalah penelitian yuridis empiris. Jenis data yang digunakan adalah data primer dan data sekunder. Data tersebut diperoleh melalui wawancara kepada para pengrajin kulit di Desa Manding dan studi kepustakaan. Pengrajin kulit di Desa Manding banyak yang mengalami kendala ketika melakukan pendaftaran merek atas produk mereka dikarenakan mereka belum mengetahui proses pendaftaran merek. Pendaftaran merek berperan penting dalam product marketing untuk produk kerajinan kulit yang dihasilkan pengrajin kulit di Desa Manding.
implikasi, merek, pengrajin kulit, Desa Manding
Copyright (c) 2025 cahya wulandari, Indung Wijayanto (Author) https://creativecommons.org/licenses/by-sa/4.0
Perlindungan Hukum Bagi Kreditor Dari Ketidakpastian: Urgensi Pembatasan Waktu Pemberesan Harta Pailit
Proses kepailitan di Indonesia, yang diatur oleh Undang-Undang No. 37 Tahun 2004, bertujuan untuk memberikan keadilan bagi kreditor melalui pemberesan harta Debitor pailit. Namun, ketiadaan batas waktu yang eksplisit bagi Kurator untuk menyelesaikan proses pemberesan menciptakan ketidakpastian hukum dan risiko kerugian ekonomis yang signifikan bagi kreditor. Penelitian hukum normatif ini menganalisis pertanggungjawaban Kurator, problematika pemberesan yang berlarut-larut, dan urgensi pembatasan waktu sebagai solusi. Hasil analisis menunjukkan bahwa kekosongan hukum ini melemahkan asas kepastian hukum dan efisiensi, serta berpotensi menyebabkan penurunan nilai aset pailit, membengkaknya biaya kepailitan, dan hilangnya biaya peluang bagi kreditor. Jurnal ini menyimpulkan bahwa pembatasan waktu pemberesan mutlak diperlukan untuk memberikan perlindungan hukum yang efektif bagi kreditor dan meningkatkan akuntabilitas Kurator.
Perlindungan Kreditor, Kepailitan, Batas Waktu Pemberesan, Kurator, Kepastian Hukum.
Copyright (c) 2025 Ali (Author) https://creativecommons.org/licenses/by-sa/4.0
Clean Energy, Just Laws: Unpacking the Legal Backbone of SDG 7 in Indonesia
The global pursuit of Sustainable Development Goal 7 (SDG 7) — ensuring access to affordable, reliable, sustainable, and modern energy for all — demands not only technological innovation and financial investment but also a robust legal and regulatory framework. This paper examines the critical role of law in advancing clean energy access in Indonesia, a country with abundant renewable energy potential yet facing complex socio-legal and infrastructural challenges. By analyzing national energy laws, regulatory policies, and international legal commitments, this research investigates how Indonesia’s legal system supports or hinders the realization of SDG 7. Special attention is given to the interplay between energy justice, environmental protection, and socio-economic equity in shaping the legal landscape. The study identifies key gaps in current legislation, such as the fragmentation of regulatory authority, the lack of legal incentives for renewable energy investment, and the limited enforcement of sustainability standards at the local level. It also highlights promising initiatives, including the Energy Transition Mechanism (ETM), green financing regulations, and community-based renewable energy projects. Through a legal-institutional analysis and stakeholder mapping, this research contributes to understanding how legal reforms can drive systemic change toward inclusive and sustainable energy governance. The findings offer a model for integrating legal design into national energy planning, emphasizing the importance of legal certainty, participatory governance, and policy coherence. Ultimately, this research provides actionable recommendations for strengthening Indonesia’s legal framework to unlock the full potential of clean energy and accelerate the achievement of SDG 7.
Copyright (c) 2025 Yudys Zuama Pratama (Author) https://creativecommons.org/licenses/by-sa/4.0
Strengthening Nationalism and Insight in Kenteng Youth through Pancasila-Based Street Law Education
Social transformation focusing on youth through Pancasila-based legal education has been implemented in Desa Kenteng using the Street Law model. This study aims to evaluate the effectiveness of this model in strengthening nationalism and national awareness among village youth. The Street Law method, which integrates Pancasila principles with legal theory and practice, is designed to enhance legal understanding while instilling national values in a local context. The results of the program indicate a significant increase in legal knowledge, with basic legal understanding rising from 30% to 75% after six months. Additionally, there was a substantial increase in nationalism and awareness of Pancasila values, from 40% to 85%, and a rise in social participation from 20% to 60% among village youth. Despite these positive outcomes, challenges such as uncertainty in practical legal application and the need for ongoing support from government and local legal institutions remain. This study recommends integrating national values into legal education policies and adapting program models to local contexts to ensure broader and sustainable impact in other regions.
Street Law, Legal Education, Advocacy, Pancasila
Copyright (c) 2024 Ridwan Arifin, Bayangsari Wedhatami, Riska Alkadri, Bintang Rafli Anata, Fitria Damayanti, Muhammad Iqbal Baiquni, Dewi Puspa Sari, Wahyu Nandang Herawan https://creativecommons.org/licenses/by-sa/4.0
Legal Assistance and Penal Mediation in Theft Cases Involving Physical Altercations: Enhancing Pancasila Values in Kenteng Village
Cases of theft leading to altercations pose significant legal and social challenges that require effective resolution strategies. In Kenteng Village, such incidents frequently escalate into prolonged conflicts between perpetrators and victims. This study aims to evaluate the effectiveness of legal assistance in theft cases through penal mediation, with a focus on reinforcing Pancasila values ​​at the village level. A qualitative approach with an in-depth case study methodology was employed. Data were collected through interviews with perpetrators, victims, authorities, and mediators, as well as document analysis. The study investigates how legal assistance and penal mediation can facilitate conflict resolution while supporting the application of Pancasila values ​​in the case resolution process. The findings reveal that integrated legal assistance and penal mediation can reduce tensions between disputing parties and increase the likelihood of peaceful resolution. Penal mediation, involving a third-party mediator, enables constructive dialogue and fair settlements, considering the interests of both parties. The reinforcement of Pancasila values, such as social justice, humanity, and unity, proves effective in fostering mutual respect and tolerance within the village community. In conclusion, legal assistance and penal mediation not only address legal disputes but also strengthen Pancasila values ​​within the community. Recommendations for future research include the development of mediation and legal assistance training programs based on Pancasila values ​​to extend their application to other regions.
Copyright (c) 2024 Ridwan Arifin, R. Benny Riyanto, Nurul Fibrianti, Karsinah, Bintang Rafli Ananta, Zainurohmah, Dede Indraswara, Galih Niken Anggoto Sulaksmi https://creativecommons.org/licenses/by-sa/4.0
The Existence of Forced Money in State Administrative Courts
The authority and significance of the State Administrative Court (PTUN) for seekers of legal truth depends on the implementation of its decisions by state administrative apparatus in accordance with the rulings. As a consequence, the fundamental problem with the existence of the PTUN actually centers on the compliance of State Administrative Bodies/Officials with the bonds stated in the court verdict. Dwangsom or forced money is an additional sanction imposed on the convicted party to pay off a sum of money outside the main sentence, with the intention that the convicted party is willing to carry out the main sentence according to schedule and procedures. The application of dwangsom in the execution of private cases in the General Jurisdiction is anticipated to optimize the success rate of sentence executions. However, the facts indicate that the implementation of dwangsom is still faced with problems, with the PTUN panel of judges rarely handing down dwangsom sentences in order to optimize the executability of the verdict. This article was composed using a literature study methodology, by accumulating, interpreting and reviewing data from various correlated literature sources. Data accumulation is carried out through investigation and restructuring of sources such as scientific journals, reference books, and previous research results. The analysis methodology applied is content and descriptive analysis. Library material from various reference sources is analyzed critically and comprehensively to support the substance of the discussion and the author's conception.
Copyright (c) 2024 Togu Septian Mardohar Napitupulu, Suhadi Suhadi (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Protection for Consumers against Misleading Information on Mobile Phone Product Warranties Based on Law Number 8 of 1999 (Study in Jepara Regency)
Perlindungan Konsumen bertujuan melindungi hak-hak konsumen. Di Kabupaten Jepara, konsumen handphone tidak mendapatkan hak-haknya karena pelaku usaha tidak memberikan informasi garansi yang benar dan jelas, dengan beberapa unit handphone dijual seolah masih bergaransi padahal masa garansinya sudah habis sehingga perlu mengkaji perlindungan hukum yang diberikan serta pengawasan. Tujuan penelitian ini yaitu (1) Mengetahui dan menganalisis perlindungan konsumen terhadap garansi produk handphone. (2) Mengetahui dan menganalisis pengawasan DISPERINDAG dalam Informasi menyesatkan garansi produk handphone di Kabupaten Jepara. Penelitian ini menggunakan pendekatan kualitatif yang didasarkan pada jenis penelitian hukum yuridis empiris. Teknik pengumpulan data yang digunakan meliputi wawancara, observasi, dokumentasi, dan studi pustaka. Adapun data sekunder menggunakan bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Validitas data menggunakan teknik triangulasi, sedangkan analisis data melalui pengumpulan data, reduksi data, penyajian data dan penarikan kesimpulan. Hasil penelitian menunjukkan bahwa masih banyaknya konsumen yang tidak memahami ha-hak terkait konsumen. Selain itu, pelaku usaha tidak memberikan informasi yang jelas dan benar terhadap konsumen terkait informasi garansi. Pelaku usaha kurang memahami tanggung jawa pelaku usaha dan lebih mementingkan keuntungan tanpa mempertimbangkan hak-hak konsumen. Pengawasan yang dilakukan masih kurang efektif karena berbagai macam kendala. Beberapa kendala antara lain pengawasan terkait perdagangan handphone dengan informasi menyesatkan terkait garansi produk sebanyak satu kali dalam bebarapa tahun terakhir. Selain itu belum adanya Peraturan Daerah yang mengatur tentang Pengawasan produk dan/atau jasa di daerah Jawa Tengah dan minimnya SDM serta anggaran. Simpulan dari penelitian ini adalah (1) Perlindungan hukum bagi konsumen atas informasi menyesatkan garansi produk handphone di Kabupaten Jepara berjalan belum maksimal, dimana masih terdapat perdagangan handphone dengan menggunakan informasi menyesatkan terkait garansi karena minimnya pengawasan yang dilakukan. (2) Minimnya anggaran untuk pengawasan dan pembinaan, serta reorganisasi yang mengintegrasikan BPSK ke dalam Dinas Perindustrian dan Perdagangan, serta luasnya wilayah yang harus dipantau, menyebabkan dinas terkait belum dapat melakukan pengawasan optimal terhadap perdagangan dengan informasi menyesatkan mengenai garansi produk handphone.
Copyright (c) 2024 Fiki Elfanda Yusuf (Author) https://creativecommons.org/licenses/by-sa/4.0
Implementation of Public Consultation in Land Acquisition for the Public Interest on a Small Scale as a Manifestation of the Principle of Transparency in Good Governance
This study was raised from the problem of lack of information and unclearness in the certainty of compensation payments in Klidang Lor Village. This study aims to identify and analyze the implementation of public consultation in land acquisition and identify and analyze the implementation of the embodiment of the transparency principle of Good Governance in the implementation of public consultation. This study uses an empirical legal research method with a qualitative approach that uses primary and secondary data sources. Primary data is carried out through observation, interviews, and documentation studies. Data validation uses triangulation, while data analysis is through data collection, data reduction, data presentation, and drawing conclusions. The results of the study show that the implementation of public consultation on land acquisition for small-scale public interests in the flood control work of the Sambong River, Batang Regency is in accordance with Law No. 2 of 2012 concerning Land Acquisition for Public Interest Development. In the public consultation, there was one affected resident who still objected and was resolved through mediation. That the implementation of the embodiment of the principle of transparency in public consultation activities is in accordance with the transparency indicator although not yet 100%. In this case, the target of implementing the principle of transparency in Good Governance in providing access to information is still limited to interested parties and has not been publicly accessible to the general public. The conclusion in the implementation of public consultation of affected residents has fully supported the development of flood control of the Sambong River in Batang Regency. Suggestions for the government should be to provide certainty by adding provisions for openness of information on the development process and land acquisition in laws and regulations and providing public access to information.
Copyright (c) 2024 Nadila Audy Syadia (Author) https://creativecommons.org/licenses/by-sa/4.0
Juridical Analysis of the Causes of the Issuance of Certificates of Management Rights on Land With Property Rights Certificates
Land is a very vital asset for every person and country. When viewed from the physical and value aspects of the soil, it is certainly a thing that has economic and political value in it. Problems that arise in the soil in Indonesia have been a very long time even since the time of the Netherlands because of its high value, problems often arise. For example, the Jepara Regency Government with its citizen named Tanto Untung and his heir Tanto Santoso has even reached the Court with Decision Nomo 19/Pdt.G/2020/PN Jepara. This research is carried out by means of qualitative research using a sociological juridical or empirical juridical approach. The sources used are primary and secondary sources obtained from observations, interviews, documentation and also literature studies. The results of this study show that there is a way of land acquisition carried out by the Jepara Regency Government that is known to the holder of the Certificate from which the land claim originated. The existence of two rights that exist on a piece of land without legal clarity is referred to as a double certificate. The registration of management rights processed by the Jepara Land Office which produced the management right certificate Number 6 of 1998 Jobokuto on behalf of the Jepara Regency Government without taking into account whether the land has or not causes an overlap of rights in the future. The heirs who do not know the land boundary are also a problem that the court decision by the Jepara Land Office cannot be implemented in accordance with the Minister of Agrarian Affairs Number 21 of 2020 concerning the Handling and Settlement of Land Cases, the Jepara Land Office by implementing the decision Number 19/Pdt.G/2020/PN Jpa
Copyright (c) 2024 Mohammad Saleh (Author) https://creativecommons.org/licenses/by-sa/4.0
The Problem of Multiple Land Exchange Certificates in Gebyog Village, Mojogedang District
Exchange of Village Treasury Land with Land Ownership Rights in Gebyog Village, Mojogedang District, Karanganyar Regency which occurred in 1977. The exchange that occurred in 1977 was only done verbally so there is no written evidence. This study aims to: (1) Find out the Process of Exchanging Village Treasury Land with Land Owned by Residents in Gebyog Village, Mojogedang District, Karanganyar Regency? (2) Find out the factors causing the emergence of two certificates, namely the right to use in the name of the Gebyog village government and the right to own in the name of an individual? This study uses an empirical legal research method, with a Qualitative approach. The types and sources of research data are Primary data, Secondary data, and Tertiary data. Primary data is obtained through interviews and observations, Secondary data is obtained through laws and regulations and literature studies, and Tertiary data through the Great Dictionary of the Indonesian Language. Data is analyzed descriptively qualitatively. The results of the study were (1) the exchange carried out by the Gebyog Village Government with the Gebyog Village community (the late Kasan Mulyadi, the late Muh Thulabi, and Marinah). The exchange occurred in 1977 and occurred verbally. The exchange occurred because residents complained to the Head of Gebyog Village that they wanted to have rice fields as their livelihood and the Gebyog Village Government also wanted to build an elementary school in Gebyog Village. (2) the existence of a double certificate on the Land Owned by Residents that was exchanged, two certificates were issued, namely when the land registration took place Kasan Mulyadi had died so that the one who registered it was Imam Ahmad. Intentionally or unintentionally, Imam Ahmad registered land that did not match the one he owned and in 1996 there was no plotting so it had not been mapped properly.
Tukar Menukar, Tanah Milik, Tanah Kas Desa
Copyright (c) 2024 Dhestika Rahmawati (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Certainty of Customary Land Certificates of the Minangkabau Customary Community in Solok Regency
Minangkabau customary land is a high heritage that cannot be traded, communal ownership rights (shared), Customary land registration does not have regulations that require customary land to be registered, in government regulation No. 24 of 1997 concerning land registration. Customary land is not included in the object of registration. Considering that customary land registration is important as proof of ownership of land rights in accordance with one of the objectives of the UUPA in creating legal certainty, which aims to provide legal certainty and legal protection of people's land rights fairly and evenly. the community does not know whether customary land can be registered and land registration in whose name, and how to carry out customary land registration. The community's assumption in the customary land registration process requires time and a complicated process and expensive costs. The conclusion of this study is first, customary land registration can be with MKW and different ownership rights and requirements, second, there is a community goal of wanting to register customary land, third, there are obstacles in the customary land registration process both external and internal. Suggestions in this study (1) The Solok Regency Land Office can map the location in customary land registration, (2) conduct socialization related to customary land registration.
Copyright (c) 2024 Erin Channiago (Author) https://creativecommons.org/licenses/by-sa/4.0
Modification of Prison Sanctions as an Effort to Overcome Overcapacity in Correctional Institutions in Indonesia
Prison sentences remain one of the types of sanctions frequently imposed as a means of controlling criminal acts. This is due to the tendency to form criminal law regulations oriented towards punishment and sentencing, leading to over-criminalization, which in turn triggers overcapacity in correctional institutions, thus affecting the essence of the rehabilitation and reintegration process. This study employs a qualitative research approach with empirical research types. The data used consists of primary data sources, including interviews with officers from Semarang Class I Correctional Institution and judges from Semarang Class IA Special District Court, and secondary data sources, including legal regulations and scholarly publication materials such as journals, theses, dissertations, books, and legal dictionaries. The data collected is then processed, reduced, analyzed, and described descriptively. The research findings indicate that overcapacity occurs due to regulations and sentencing systems that tend to be oriented towards imprisonment. The prevalence of imposing prison sentences is also caused by extensive regulation within and outside the Criminal Code, combined with the law enforcement paradigm that views imprisonment as an obligation and the absence of sentencing guidelines. The overcapacity condition then triggers negative effects and the failure to fulfill the essence of rehabilitation and reintegration. Sanction modification efforts include reducing prison sentences through the application of weekend jail (intermittent sentencing); recovery and rehabilitation; judicial pardon; and the implementation of restorative justice.
Copyright (c) 2024 Calvin Cameron, Muhammad Azil Maskur (Author) https://creativecommons.org/licenses/by-sa/4.0
Juridical Analysis of the Implementation of Handover of Housing Infrastructure, Facilities and Utilities
Infrastructure, Facilities and Utilities are the basic physical equipment of a residential environment that meets certain standards for the needs of a decent residence. Providing and handing over Infrastructure, Facilities and Utilities is an obligation that the developer must fulfill when building housing. However, in Tangerang City, there are still many developers who have not handed over the Infrastructure, Facilities and Utilities even though the time period has passed, resulting in the abandonment of the Infrastructure, Facilities and Utilities. This research uses empirical juridical methods with a qualitative approach. Data collection techniques in this research used observation, interview and documentation techniques. The results of this research indicate that the inhibiting factor in handing over housing Infrastructure, Facilities and Utilities by developers to the government in Tangerang City is the abandonment of Infrastructure, Facilities and Utilities by developers whose whereabouts are unknown. Infrastructure, Facilities and Utilities that have not been handed over are managed entirely by the Developer, so that if the Developer's whereabouts cannot be known then the management of the Infrastructure, Facilities and Utilities will not work which will result in the abandonment.
Copyright (c) 2024 Febrianti Dwi Puspaningrum, Suhadi (Author) https://creativecommons.org/licenses/by-sa/4.0
Strategy to Increase Political Participation of People with Disabilities Based on Functional and Contextual Approach Good Election Perspective (Study at KPU Purworejo Regency)
The implementation of elections in Indonesia is a manifestation of political rights for citizens, including people with disabilities as regulated in the constitution. The Regency KPU has the authority to organize elections and is responsible for providing equal opportunities for vulnerable voters with disabilities. In fact, the participation of voters with disabilities, especially the blind in Purworejo Regency, is very low. The substantial problem is the absence of SOPs for special services for the disabled and structural problems related to affirmative action have not been met. This study uses a qualitative approach with a sociological legal research type. Data collection techniques are carried out through observation, interviews, literature studies, and legal document studies. Data validity with technical triangulation and source triangulation and using descriptive analysis. The results of this study indicate that: (i) Legal provisions for political participation for blind voters with disabilities are implicitly regulated in the 1945 Constitution of the Republic of Indonesia Article 28H paragraph (2) to obtain affirmative action rights, international instruments, as regulated in the law and its ratification and the regulation of PKPU Number 9 of 2022 concerning Community Participation in Elections; and (ii) Strategies for increasing political participation for visually impaired people with disabilities in Purworejo Regency can be carried out through the formation of standard operational policies for special services for voters with disabilities based on comprehensive policies, budgeting can be carried out through financial inclusion, and special service programs based on democratic policies.
Strategi, Partisipasi Politik, Penyandang Disabilitas, Good Election.
Copyright (c) 2024 Harum Harum Isnin (Author) https://creativecommons.org/licenses/by-sa/4.0
Rechterlijk Pardon Concept for Elderly Criminal Offenders
The concept of rechterlijk pardon is a reform in the Criminal Code that can ease the burden on elderly people who are perpetrators of criminal acts. Efforts to avoid being sentenced to prison remind the author of restorative justice which prioritizes restoration or returning to the original situation for both the victim and the perpetrator. In this research, there are 2 (two) problem formulations, namely whether the rechterlijk pardon concept can be applied to elderly criminal offenders and how the rechterlijk pardon concept can be applied to elderly criminal offenders to realize restorative justice. This research uses a qualitative research approach and normative juridical research. The research focuses on juridical review in the concept of rechterlijk pardon in the Criminal Code. Research comes from primary legal materials such as the Criminal Code and relevant legal instruments, then secondary legal materials, such as books and literature in the form of legal journals, and various dictionaries as tertiary legal materials. Triangulation techniques are used to validate data with sources, theories and previous research. Based on this research, according to the concept of rechterlijk pardon in the Criminal Code, judge forgiveness can be applied to criminal offenders aged 75 years and over. However, based on research regarding the physical and psychological condition of the elderly, elderly people under 75 years also require special attention in sentencing. Apart from that, the concept of rechterlijk pardon would be better if it worked in accordance with restorative justice which provides a win-win solution for both the victim and the perpetrator.
Copyright (c) 2024 Angga Angga (Author) https://creativecommons.org/licenses/by-sa/4.0
The Role of Forensic Laboratory Results in Proving Document Forgery Criminal Offenses
Implementation of proof in court should rightfully involve judges evaluating all evidence submitted to the court, including the results of forensic laboratory examinations. However, in reality, in some cases, judges overlook the results of forensic laboratory examinations in proving the crime of document forgery. Therefore, this research aims to understand and analyze the role of forensic laboratory examination results in supporting the proof of document forgery, as well as the considerations of judges in placing and evaluating forensic laboratory examination results used as evidence in court. This study employs a juridical-empirical research method with a qualitative approach using primary and secondary data sources. Data validity is ensured using triangulation techniques, while data analysis is conducted through qualitative narrative analysis. The research findings indicate that: 1) Forensic laboratory examination results on documents play a crucial role in supporting the proof of document forgery crimes, as they can be used by investigators to ascertain the authenticity of a document, aid in identifying suspects, and serve as evidence tools such as expert testimony and/or exhibits in court to support prosecution. 2) Judges assess the validity of forensic laboratory examination results by examining the methodology used in the examination and the credibility of forensic experts in conducting the analysis. Furthermore, forensic laboratory examination results can assist judges in deliberating alongside other relevant and supportive evidence. Therefore, judges may render verdicts with at least two valid pieces of evidence accompanied by their conviction. In conclusion, the findings affirm that forensic laboratory examination results can serve as valid evidence in court, playing a crucial role in supporting the proof of document forgery crimes. These results can influence judges in decision-making and aid in uncovering document forgery crimes.
Copyright (c) 2024 Dona Febiani (Author) https://creativecommons.org/licenses/by-sa/4.0
The Role of Case Titles and Reconstruction in Strengthening Investigators' Confidence in Crime Evidence
The law enforcement process for suspected criminal acts begins with an investigation process by the police. The investigation is carried out with the intention of finding and discovering an event suspected of being a criminal act so that the next stage can be carried out, namely the investigation. This study uses a normative legal research type with a qualitative approach. Based on secondary data and primary data. The results of this study indicate that: (1) The role of case titles and reconstruction in the Indonesian criminal justice system is as a guide in the process of investigating criminal acts. (2) Case titles and reconstruction play a role in helping investigators collect evidence and strengthening investigators' confidence in collecting evidence to uncover a crime. The conclusion of this study is that case titles play a role in helping investigators collect evidence, while reconstruction plays a role as indicative evidence that strengthens investigators' confidence in uncovering criminal acts.
Copyright (c) 2024 Qaulan Sadida (Author) https://creativecommons.org/licenses/by-sa/4.0
The Role Of Forensic Laboratory Results In Proving Document Forgery Criminal Offenses
Critical Review of the Disparity of Criminal Decisions in Narcotics Crime Cases
This research aims to identify disparities in criminal decisions regarding Decision Number 46/Pid.Sus/2022/PN.Tmg and Decision Number 48/Pid.Sus/2021, determine the factors that cause disparities in criminal decisions regarding these two decisions, and analyze the fulfillment of society's sense of justice. regarding the disparity between the two decisions. This research is the result of research using doctrinal or normative legal research methods. Data collection was carried out in two ways. One of them is literature study and the other is interviews as supporting material. The data sources for this research include secondary legal materials which consist of three legal materials, namely primary, secondary and tertiary legal materials. The research results show that the decisions studied by the author fulfill a sense of justice even though there are disparities in the decisions in the two decisions. Therefore, the suggestion regarding the results of this research is that the government is expected to update Article 112 Paragraph (1) and Article 127 Paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics so that there is no confusion in the articles and take quick steps to create a program regarding understanding the purpose of punishment for society, for law enforcers the law is expected to be able to understand it carefully and must look at every case of narcotics abuse from the perspective of public justice, for the Supreme Court and the Prosecutor's Office it is necessary to develop guidelines for handling cases or guidelines for sentencing in narcotics cases, for the panel of judges is expected to be able to explain and expressly explain the fairness of the decisions he has determined in his considerations.
Copyright (c) 2024 Dona Febi Wardani (Author) https://creativecommons.org/licenses/by-sa/4.0
Formulation of Criminal Liability of Corporations Perpetrating Criminal Acts of Terrorism in Law Number 1 of 2023 concerning the Criminal Code
Corporations as subjects of criminal law can be held criminally responsible for corporations as perpetrators of terrorism. In Indonesia, the regulation of Terrorism outside the Criminal Code recognizes that corporate subjects are only those with legal entities and those without legal entities, without knowing the types and application of appropriate criminal penalties. The ratification of Law Number 1 of 2023 concerning the Criminal Code (Indonesian Criminal Code) provides a complement to the criminal liability of corporations that commit acts of terrorism (terrorist corporations) which regulates the type of legal entity, ownership status and legal entity status. In addition, for corporations that have been subject to criminal sanctions, there is still a gap in corporate criminal liability related to the spread of radical corporate teachings. This shows that there is a legal gap between das sein and das sollen related to the type of legal entity, ownership status, legal entity status that has not been regulated in the Terrorism Law, the Terrorism Financing Law and criminal liability for radical corporate teachings in the Indonesian Criminal Code. Research shows that the ideal corporate criminal liability is to form a variety of corporate qualifications so that they are relevant to current needs. In addition, terrorist corporations that have been declared banned often still have significant influence and transform into new entities, so granting legal status that prohibits radical teachings from developing and being disseminated can be a form of accountability for terrorist corporations that embodies a sense of justice.
Copyright (c) 2024 Dede Indraswara (Author) https://creativecommons.org/licenses/by-sa/4.0
Juridical Review of the Problem of Extending Use Rights for Buildings Indicated to Be Abandoned (Case Study at PT Semen Gombong)
There is HGB land indicated as abandoned whose rights will expire in 2027. However, the community asked the Kebumen Regency Kantah and the Central Java BPN Regional Office not to extend the HGB land in the future. Until the author conducted research, the HGB land was still included in the land database indicated as abandoned. The problems studied in this research are: (1) What causes HGB land to be indicated as abandoned? (2) What is the action of the Central Java BPN Regional Office regarding HGB land that is indicated to be abandoned? and (3) Can HGBs that are indicated to be abandoned be extended? This research uses a qualitative approach method with an empirical juridical research type. The results of this research show that HGB land which is still included in the land database is indicated as abandoned because the land is not used according to its intended use and cannot be extended. The Central Java BPN Regional Office has carried out control over the HGB land but it has not been optimal due to obstacles related to the limited budget for controlling abandoned land. Then based on the research results related to HGB land and to optimize the stages of controlling abandoned land, the author proposes that HGB holders be able to carry out their obligations, namely utilizing and using the land according to the designation for granting rights, then it is proposed to increase cooperation between rights holders and related stakeholders in the granting process. the right to make decisions on HGB extensions and the need for an additional budget for the implementation of controlling abandoned land carried out by the Central Java BPN Regional Office.
Copyright (c) 2024 Marcelia Puspa Andini, Suhadi Suhadi (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Protection for Land Rights Holders in the Event of Overlapping Certificates
The effectiveness of the law in preventing and resolving cases of overlapping ownership of land certificates in Cirebon Regency is still not optimal. This can be seen from the continued issuance of SKT for land that has been certified, the lack of coordination between relevant agencies, the inadequacy of supporting facilities and infrastructure, and the low level of public legal awareness. Factors such as weaknesses in implementing regulations, weak law enforcement, limited information technology, and cultural aspects of society also contribute to this problem. To increase the effectiveness of land law, a comprehensive approach is needed that considers the interaction between law and non-legal factors, including the social, economic and cultural conditions of local communities. Legal protection for land rights holders (buyers) whose land overlaps with other certificates in the seller's name is not yet fully optimal. This is reflected in the lack of information transparency, minimal efforts to resolve disputes peacefully, as well as violations of buyers' rights by sellers. In this case of overlapping land certificates, the buyer in good faith suffers a loss because the certificate he has after the sale and purchase transaction turns out to be invalid and does not have a land object that matches the location indicated by the seller. This shows that there is legal uncertainty and a weak process for checking the validity of certificates by Land Deed Making Officials (PPAT) before buying and selling transactions. Even though the buyer's certificate must be destroyed due to legal defects, the buyer has the right to obtain legal protection from the Land Office in the form of issuing a new certificate, facilitating mediation or compensation, guaranteeing legal certainty, and law enforcement against parties involved in issuing fake certificates. This process must be carried out transparently and in accordance with regulations to ensure legal certainty for all parties.
Copyright (c) 2024 Melani Yulianti (Author) https://creativecommons.org/licenses/by-sa/4.0
Reformulation of Rehabilitation Arrangements for Narcotics Addicts and Victims of Narcotics Abuse
The large number of criminal cases of narcotics abuse that are sentenced to imprisonment in the jurisdiction of Semarang City, has resulted in violations of the rights of narcotics addicts and victims of narcotics abuse. Even though it has been clearly explained in Law Number 35 of 2009 concerning Narcotics, which requires the punishment for narcotics addicts and victims of narcotics abuse, namely rehabilitation. This research aims to determine the implementation of rehabilitation for narcotics addicts and victims of narcotics abuse in Semarang City and to reformulate rehabilitation arrangements. This research uses a qualitative approach with an empirical juridical type of research. Data sources come from primary data and secondary data and data validity is carried out using the Triangulation method and described using an interactive model. The results of the research show that the implementation of rehabilitation for narcotics addicts and victims of narcotics abuse in Semarang City has not run optimally, which is due to inconsistencies in rehabilitation arrangements in Indonesia and several weaknesses in the arrangements for implementing integrated assessments. Therefore, it is necessary to reformulate rehabilitation arrangements in Law Number 35 of 2009 concerning Narcotics, which contains regulations for implementing a comprehensive integrated assessment process that prioritizes expediency and justice in handling criminal cases of narcotics abuse. Apart from that, there needs to be a common understanding of rehabilitation provisions by law enforcement officials, with the aim that the implementation of rehabilitation for narcotics addicts and victims of narcotics abuse can run effectively and optimally. There are important points in reforming rehabilitation arrangements, such as the redefinition of the terms narcotics addict and narcotics abuse victim, the evidentiary strength of assessment results by the Integrated Assessment Team (TAT), and the application of the Rechterlijk Pardon concept for narcotics addicts and narcotics abuse victims.
Asesmen Terpadu, Narkotika, Rehabilitasi
Copyright (c) 2024 Vina Durrotul Mukhoyyaroh (Author) https://creativecommons.org/licenses/by-sa/4.0
Implementation of the provisions of Articles 2 and 10 paragraph (1) of Regent's Regulation Number 28 of 2013 on Rusunawa Management in Klaten Regency
The construction of flats through Klaten Regent Regulation Number 28 of 2013 concerning Management of Simple Rental Flats in Klaten Regency is one of the solutions from the Klaten Regency regional government in meeting the need for adequate housing with a maximum rental system of 6 (six) years. This research aims to find out how Article 10 paragraph (1) of Regent Regulation Number 28 of 2013 is implemented. The type of research used is empirical juridical research with a qualitative research approach. Data collection techniques in this research were carried out through interviews, observation and literature study. The data validity technique used in this research uses data triangulation validity techniques. The results of this research can be concluded that the implementation of Article 10 paragraph (1) of Regent Regulation Number 28 of the Year has not been effective, where there are 50% of residents who have occupied more than the maximum rental period of 6 (six) years, which is also exacerbated by 59% of residents who have not been able to afford it. prepare a permanent residence. This problem arises because the Regional Government of Klaten Regency has not been firm in implementing existing policies. The action to resolve this problem is to provide a financial assistance program for the construction of housing for flat residents who already have assets in the form of land and continue to allow flat residents who have lived in the flat for more than 6 (six) years to continue living in the flat until the residents can prepare and/or have a permanent residence. The regional government of Klaten Regency, through the flats, is able to realize prosperity and benefits, but there is still a need for harmonization between implementation and existing regulations.
Kata Kunci: Rumah Susun, Tempat Tinggal Tetap, Pasca Huni
Copyright (c) 2024 Zahra Arintiya Apriyanti (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Protection for Victims of Wrongful Arrest Children Viewed from the Perspective of the Juvenile Criminal Justice System
Cases of wrongful arrest in Indonesia still frequently occur due to procedural violations and incorrect identification of perpetrators which are seen as a result of weak professionalism of law enforcement officials. Cases of wrongful arrest in Indonesia not only affect the adult population but also minors. adequate compensation in accordance with applicable laws and regulations. This normative legal research uses a qualitative research approach because it discusses an event, namely the incident of wrongful arrest of a child in Indonesia, using a statutory approach and a case approach. In implementing a juvenile justice system in accordance with Law Number 11 of 2012, there are principles that can be used as a basis for implementing the enforcement of the juvenile justice system, according to which children who are in conflict with the law, whether as perpetrators, witnesses or victims, should be treated in accordance with applicable regulations. and does not violate these principles. However, the fact is that there are still many cases of wrongful arrests experienced by minors, thus making minors victims of the enforcement of the justice system itself. Errors in person that often occur in enforcing the criminal justice system result in violations of the rights of children in conflict with the law, both as perpetrators, witnesses and victims. The form of recovery and compensation that children who are victims of wrongful arrest should receive must also be adjusted to the provisions of the Child Protection Law and also the Child Criminal Justice System Law.
Copyright (c) 2024 Larasati Prameswari (Author) https://creativecommons.org/licenses/by-sa/4.0
Arrangement of Slum Areas on the Banks of the Siwatu River in Tegal City
This research analyzes the government's efforts to overcome slum settlements on the banks of the Siwatu River, Tegalsari Village, Tegal City. The aim is to find out the efforts and stages of activities carried out by the government in overcoming the problem of slum settlements. The research method used is qualitative with an empirical juridical approach. Data was collected through interviews, observation, literature study and documentation. The research results show that the government's efforts to overcome slum settlements on the banks of the Siwatu River include restoration, rejuvenation, maintenance and prevention stages, without carrying out the resettlement stage. In conclusion, the efforts made are appropriate as can be seen from the area of ​​slum settlements which decreases every year, but the government must tighten the prevention measures to prevent the formation of new slum areas.
Arrangement, Slum Settlements, River Banks
Copyright (c) 2024 Tyas Ayu Maulida, Aprila Niravita (Author) https://creativecommons.org/licenses/by-sa/4.0
Mechanism of Dismissal of Banyuasin Kembaran Village Apparatus in an Effort to Realize Legal Certainly (Study of Decision Number 1/G/2023/PTUN.SMG)
The dismissal of the village apparatus of Banyuasin Kembaran Village, Loano Subdistrict, Purworejo Regency, namely the village secretary, occurred starting from the unrest of the residents and asked for the village secretary to be dismissed, so the village head has the right to sanction and dismiss the secretary. In the implementation of the dismissal that occurred to the secretary, the village head skipped the temporary dismissal mechanism. The court decision stated that the KTUN related to the dismissal of Andika Sari was cancelled. This study aims to look at the mechanism of dismissal of village officials, namely the Village Secretary of Banyuasin Kembaran and explain the ideal pattern in the implementation of dismissal of village officials based on applicable laws and regulations to realize legal certainty. The results of this study indicate that the village head dismisses the village apparatus has passed the proper procedure, namely the temporary dismissal process. Based on the ideal pattern of the mechanism for dismissing village officials, the village head should first carry out a temporary dismissal mechanism and then the village head can dismiss the village officials. in decision number 1/G/2023/PTUN.SMG states that the KTUN issued to be revoked and cancelled. Therefore, it is necessary for the village head to be careful in carrying out his duties and authority and the sub-district head who provides recommendations for dismissal to be more careful and be able to provide guidance to the village head regarding carrying out his duties in organizing the village government.
Copyright (c) 2024 Miftah Santalia (Author) https://creativecommons.org/licenses/by-sa/4.0
Implementation of Handover of Infrastructure, Facilities and Public Utilities by Housing Developers to Local Government in Kebumen Regency
Regent Regulation Number 40 of 2021 concerning Procedures for Handing Over Infrastructure, Facilities and Utilities of Housing and Settlement to the Regional Government is a legal umbrella as well as a guideline for developers to carry out their obligations to hand over PSU that has been completed to the Regional Government. Since its inception in June 2021 until 2023, only 7 housing complexes have handed over their PSU to the Regional Government out of 32 housing complexes registered with the Kebumen Regency Perkim-Hub Service. Many developers have not yet handed over their PSU to the Kebumen Regency Government. This study aims to determine the implementation of Kebumen Regent Regulation Number 40 of 2021 concerning Procedures for Handing Over Infrastructure, Facilities and Utilities of Housing and Settlement to the Regional Government and law enforcement by the Kebumen Regency Government against housing developers who do not hand over PSU after construction. This study applies a qualitative approach with a juridical-empirical method. Data collection through primary, secondary and tertiary legal materials. The results of this study indicate that the implementation of Regent Regulation Number 40 of 2021 concerning Procedures for Handing Over Infrastructure, Facilities and Utilities of Housing and Settlement to the Regional Government has not been implemented optimally. Of the 7 housing complexes that have handed over PSU to the Regional Government, 3 housing complexes of PSU handover were carried out cleanly and clearly by signing the minutes and certificate of PSU handover, while the other 4 housing complexes of PSU handover were carried out through PSU acquisition by the Kebumen Regency Government. Law enforcement by the Kebumen Regency Government against developers who do not hand over their PSU after completion of construction has also not been implemented firmly and consistently because the subsystem of substance has not been fulfilled and the low legal awareness of developers about the importance of carrying out PSU handover.
Copyright (c) 2024 Afrida Zulfiyani, Ubaidillah Kamal (Author) https://creativecommons.org/licenses/by-sa/4.0
The Urgency of Integrated Circuit Layout Design Regulation in the Semiconductor Industry (Comparative Study of Indonesia and Japan)
The semiconductor industry plays an important role in the development of global technology, so the need for intellectual property rights protection for Integrated Circuit Layout Design (ICLD) is important. In Indonesia, regulations regarding ICLD still have weak protection for designers. This affects the low number of DTLST registration applications. Meanwhile, in Japan, the regulation of DTLST has mature and structured protection regulations for designers and business actors. This study uses a normative legal research method with a comparative approach and a statutory approach. The results of this study indicate that the DTLST Regulations in Indonesia and Japan have several similarities. However, there are differences between them; Definition of DTLST, Exclusive and Non-Exclusive Exploitation Rights, Reserve Engineering, Compensation Rights Regulations, Regulation of Institutional/Legal Entity Registration. DTLST is very important in the semiconductor industry, especially for IC Chips used in various electronic devices. Large investments in DTLST research and development drive innovation and efficiency in IC Chip production. Japan, with strict regulations and strong government support, has succeeded in increasing its semiconductor market. Japan's DTLST Law protects IPR through comprehensive regulations, in contrast to Indonesia which still faces weaknesses in Law No. 32 of 2000. The lack of substantive examination and understanding of technology in Indonesia hampers the effectiveness of legal protection. Based on this, it can be concluded that the regulation on DTLST in Indonesia still has several weaknesses and can seek to revise Law No. 32 of 2000 by transplanting laws from Japan with adjustments to Indonesia's national interests. Indonesia should strengthen legal protection of intellectual property rights for DTLST designers and business actors in the semiconductor industry.
Copyright (c) 2024 Muhammad Iqbal Baiquni, Waspiah Waspiah (Author) https://creativecommons.org/licenses/by-sa/4.0
Stages of Settlement of International Civil Law Disputes
This research analyzes the stages of settlement of international civil law disputes in the case of Chin Hsiang Electricity & Machinery Co. Pte. Ltd. vs. P.T. Loka Rahayu Plywood Industries. The objective is to evaluate the settlement stages and their legal implications based on the theory of International Private Law (IPL). The research method used is qualitative with a conceptual, case, and comparative approach. Data was collected through literature and documentation studies. The results of the study show that the application of Indonesian Civil Law by the Jambi District Court judge was appropriate, but not transparent regarding the application of IPL. This raises doubts about the application of IPL principles and rules. The conclusion is that transparency in the application of IPL and the role of IPL decisions in the development of national and international law are very important.
Copyright (c) 2024 Bryan Rois Putra Adyaksa, Aprila Niravita (Author) https://creativecommons.org/licenses/by-sa/4.0