Semarang State University Undergraduate Law and Society Review
Semarang State University Undergraduate Law and Society Review starting in 2024 migrates from OJS 2 to OJS 3 to better secure from various unwanted things, including journal hacking and so on. To submit, the author please visit the new website page of our journal at the link https://journal.unnes.ac.id/journals/lsr MIGRATION OFFICIAL STATEMENT HERE Semarang State University Undergraduate Law and Society Review (ISSN Print 2807-8225 ISSN Online 2807-8683) is a double-blind peer-reviewed law journal published by the Faculty of Law, Universitas Negeri Semarang every January and July (bi-annually) every year. This journal contains the results of contemporary legal research related to various aspects of the legal field with a multidisciplinary approach. The Semarang State University Undergraduate Law and Society Review is a peer-reviewed publication for work bearing on the relationship between society and the legal process, including articles or notes of interest to the research community in general, new theoretical developments, results of empirical studies, and reviews and comments on the field or its methods of inquiry. Broadly interdisciplinary, The Semarang State University Undergraduate Law and Society Review welcomes work from any tradition of scholarship concerned with the cultural, economic, political, psychological, or social aspects of law and legal systems in Indonesia, Southeast Asia, and the broader global context.
Corruption Prevention Strategy in Indonesia through Strengthening Character Education of Pancasila Ethics
Corruption has become a deeply rooted problem in Indonesia's governance system and society. Various efforts to eradicate corruption through legal and institutional approaches have not shown maximum results. This research aims to analyze corruption prevention strategies through strengthening character education as a more effective and sustainable alternative solution. Through a qualitative approach with literature study, this research examines the role of character education in forming generations with integrity and anti-corruption character. The results show that character education integrated into formal and non-formal educational curricula can be a strong foundation in preventing corrupt behavior from an early age. Strategies that can be applied include integrating anti-corruption values into the curriculum, strengthening the role of higher education, forming the character of generation Z, and implementing moral education as a preventive strategy. This research concludes that character education is a long-term investment capable of creating a clean and transparent culture in national and state life.
Copyright (c) 2025 Semarang State University Undergraduate Law and Society Review
A Legal Analysis of Paternity Leave Rights Policy in Law Number 4 of 2024 from a Gender Justice Perspective
This study examines the paternity leave policy as stipulated in Law Number 4 Year 2024 on Maternal and Child Welfare with a gender justice approach. While the law provides leave for male workers to accompany their wives, the duration of leave available is limited and does not fully reflect the principle of gender equality. This study examines the legal aspects of the paternity leave provision, including comparing it with similar policies in other countries and identifying implementation constraints caused by patriarchal culture and unequal treatment between workers in the public and private sectors. The findings show that the paternity leave policy in Law No. 4 of 2024 needs to be expanded both in terms of time and scope in order to increase the active role of fathers in childcare and support the creation of gender equity in the work and family environment. This study recommends more comprehensive and inclusive policy reforms, as well as cultural change efforts to remove traditional gender stigmas that hinder the effective implementation of paternity leave.
Legal Protection for Consumers of Non-Compliant Iodized Edible Salt Not Meeting SNI Standards in Tegal Regency
Iodine deficiency or Iodine Deficiency Disorders (IDD) remain a nutritional challenge in Indonesia. Iodized table salt should be the solution, but in Tegal Regency, many salt products were found to not meet SNI 3556:2016 standards. This study aims to analyze the legal protection mechanisms for consumers of iodized table salt that does not meet SNI standards in Tegal Regency. The method used is empirical legal research with a qualitative approach. Data was collected through interviews with the Tegal Regency Health Office and LP2K Central Java, as well as literature review. The results of the study indicate that legal protection is still not functioning optimally, as the GAKY Task Force in Tegal Regency is no longer active and there is no specific local regulation on GAKY mitigation. On the other hand, LP2K Central Java remains actively involved through sample testing and policy advocacy. This study emphasizes the importance of institutional strengthening and enforcement of the law in ensuring consumers' rights to safe and standard-compliant food products.
Consumer Protection, Iodized Salt, Tegal Regency
The Si D'nOK Application as a Catalyst for Bureaucratic Reform Based on E-Government in Achieving Good Governance in Semarang City
In today's digital era, the development of public service systems that can be accessed remotely online is essential. This system development serves as one of the strategic solutions the government can implement to achieve Good Governance. Through e-government-based bureaucratic reform, government administration is expected to become more effective, efficient, and transparent. The Si D’nOK application, developed by the Population and Civil Registration Office (Dispendukcapil) of Semarang City, is designed to facilitate digital access to civil administrative services. This study aims to analyze the Si D’nOK application as a catalyst for e-government-based bureaucratic reform in realizing good governance in Semarang City, with reference to the Mayor of Semarang Regulation Number 27 of 2021 concerning the Implementation of Electronic-Based Government Systems (SPBE) within the Semarang City Government. The study explores the implementation of the Si D’nOK application, its role in bureaucratic reform, and the supporting and inhibiting factors affecting its use. A qualitative approach was applied in this research, with data collected through interviews, literature reviews, and documentation. The research findings indicate that the Semarang City Population and Civil Registration Office (DISPENDUKCAPIL) has implemented policies related to the Si D’nOK application by monitoring the system. However, many members of the public still experience difficulties and are not yet accustomed to using the Si D’nOK application. To address this issue, broader and more comprehensive outreach is needed, especially targeting the elderly. Additionally, the recruitment of more technical experts is necessary to support the more effective operation of the Si D’nOK application so that documents can be processed promptly, preventing delays in service delivery.
Nominee Land Sale and Purchase Practices Between Indonesian Citizens and Indonesian Descendants in Yogyakarta (Study of Yogyakarta High Court Decision Number 67/Pdt.G/2021/Pt.Yy)
The prohibition on land ownership with ownership rights status for non-indigenous Indonesian citizens has resulted in many nominee agreement practices occurring in Yogyakarta. This study aims to determine why restrictions on land ownership for non-indigenous Indonesian citizens can occur and to analyze the judge's decision on the nominee practice that occurred in the Yogyakarta High Court Decision Number 67/Pdt.G/2021/PT.YYK. The legal method used in this study is juridical-normative. The study of laws and regulations, legal theory, and court decisions as primary sources of law is the emphasis of normative legal research techniques. The research findings show that the Deputy Governor of DIY Instruction Letter Number 898/I/A/1975 and Law Number 13 of 2012 concerning the Special Status of DIY, Restrictions on land ownership for Indonesian Citizens (WNI) of descent in the Special Region of Yogyakarta (DIY) are a reflection of the dualism of the land law system in force in the Yogyakarta region, and the judge's analysis in the Yogyakarta High Court Decision Number 67/Pdt.G/2021/PT.YYK, the Judge prioritizes the principle of substance over form, namely the actual substance of ownership based on evidence of transactions and control, not just the name on the certificate
Nominee, Agreement, Land Ownership, Indonesian Citizen of Descent
Legal Protection for Customers Regarding Interest on Digital Bank Deposits Exceeding the Limits Set by the Deposit Insurance Agency
The presence of digital banks in Indonesia has also raised issues related to high-interest deposits that exceed the limits stipulated by the Deposit Insurance Corporation (LPS). This risks harming customers if the bank defaults, goes bankrupt, or goes into liquidation. Therefore, it is important to examine the legal provisions of digital banks and legal protection for customers for these deposits. This research is normative with a qualitative approach, using secondary data analyzed through literature studies. The results of the study show that the provisions regarding digital banks have been regulated in POJK Number 12/POJK.03/2018 and POJK Number 12/POJK.03/2021, but are still limited to the POJK level which has lower legal force, so strengthening is needed through special laws. Legal protection for customers is regulated preventively through Law Number 8 of 1999 and POJK Number 6/POJK.07/2022, as well as repressively through complaint and compensation mechanisms. However, this protection is not yet optimal because there are no specific regulations requiring digital banks to provide clear information regarding deposits that are not guaranteed by LPS and the absence of effective sanctions for transparency violations.
Digital Bank; Customer Protection; Deposito Insurance Corporation (LPS)
The Essence of the Open Proportional System in the 2024 General Election in Central Java (Perspective of Law Number 7 of 2017)
One of the main instruments for implementing democracy in Indonesia is the General Election (Pemilu), which serves to elect the President, the House of Representatives (DPR), the Regional Representative Council (DPD), and the Regional House of Representatives (DPRD). To elect members of the DPR, DPD, and DPRD, Indonesia adopts an open-list proportional representation system where candidates are elected based on the highest number of votes. This system offers significant advantages by ensuring more accurate political representation and proportional seat distribution, thereby valuing each vote. This article focuses on critically examining the application of the open-list proportional system in the 2024 DPRD election in Central Java. The research method used is a socio-legal approach with qualitative analysis, emphasizing the implementation of open proportionality in the second-level DPRD elections in Central Java. The findings reveal legal uncertainty in the Election Law, particularly in Article 426, which contains structural loopholes that undermine the core principles of open proportional representation and potentially harm the essence of democracy itself. This issue was evident in the 2024 DPRD election in Central Java, where manipulation of the people's choice through resignation or dismissal from party membership, along with formalistic judicial decisions, created a legal gap that was exploited to disregard legitimate votes. This not only invalidates the legitimacy of individual representatives but also raises serious questions about who truly holds sovereignty in determining the composition of the legislature.
The Executorial Role of the Administrative Court in Controlling Abuse and Restoring Trust
This article examines the role of the Administrative Court (PTUN) in judicial control over abuse of power (abusus potestatis) by administrative officials and its contribution to restoring public trust. Guided by Montesquieu's separation of powers and A.V. Dicey's rule of law, PTUN acts as a mechanism to correct administrative excesses. However, abuse of power remains prevalent in Indonesia. The PTUN's execution mechanism, including dwangsom (coercive fines), is vital in enforcing rulings. Despite the legal framework under Undang-Undang Nomor 5 Tahun 1986 dan Undang-Undang Nomor 51 Tahun 2009 PTUN faces challenges in enforcement due to resistance from officials and inadequate measures. This article explores how PTUN can improve its role by strengthening its execution mechanisms and institutional support. Using normative legal research, the study analyzes relevant laws and jurisprudence to evaluate the effectiveness of PTUN’s execution process and propose reforms to enhance its ability to protect citizens' rights and restore public trust.
Environmental Criminal Law as a Tool for Ecological Protection: Interpreting the Constitution in the Context of Environmental Crimes
This article comprehensively analyzes the Indonesian Constitution as a crucial foundation and solid bulwark for strengthening Environmental Criminal Law. Given the alarming global ecological crisis, characterized by massive deforestation, uncontrolled pollution, biodiversity loss, and excessive resource exploitation, reforming the criminal law framework to be adaptive, responsive, and progressive is urgent. This research firmly argues that the Constitution isn't just a general, declarative legal umbrella; it intrinsically embodies fundamental constitutional values and principles. These include every citizen's right to a good and healthy environment and the state's obligation to protect it, which must be actively interpreted, internalized, and expanded into all norms and practices of Environmental Criminal Law enforcement. Using a normative-juridical approach focused on analyzing legal texts, doctrines, and court decisions, this article systematically examines how in-depth constitutional interpretation and creative elaboration of principles can catalyze stronger, more comprehensive, and ecologically just environmental criminal regulations. The discussion identifies and critically analyzes structural and substantive weaknesses in current environmental criminal law enforcement, such as evidentiary challenges, weak sanctions, and limited scope of legal subjects. Furthermore, this article explores the Constitution's potential to legitimize overcoming these obstacles. This includes strengthening criminal sanctions for proportional deterrence, expanding the definition of environmental crimes to encompass new and complex ecological offenses, and enhancing more effective corporate accountability mechanisms. Ultimately, this article affirms that reforming and developing Environmental Criminal Law, firmly rooted in constitutional values and principles, is an absolute prerequisite for building a holistic and sustainable environmental protection system. This step is essential in preventing further ecological degradation, restoring the balance of nature, and effectively guaranteeing environmental rights for current and future generations.
Non-Penal Policy in Combating Love Scamming
One of today’s contemporary forms of crime, love scamming, inflicts huge financial and psychological losses on victims. This crime is increasingly complicated because it involves emotional relationships that are difficult for victims to recognize as a form of fraud. This research aims to examine and implement non-punitive policies as a prevention strategy against love scamming. The method used is a normative-empirical approach, which combines the study of applicable law and direct observation of existing social phenomena. With a socio-legal approach, this research analyzes the social response to love scamming. The results show that love scamming is influenced by structural factors such as economic inequality and weak emotional self. The research shows that in carrying out their actions, the perpetrators deceive the victims and take advantage of the emotional weakness and vulnerability of the victims. Non-penal efforts considered strategic for victims include increasing self-awareness in social media interactions. Meanwhile, to minimize crime, stakeholders can provide maximum limits on registering accounts in the application and prohibit creating anonymous accounts without a clear identity. This research not only contributes to prevention efforts in general for social media account users but also specifically for vulnerable groups such as women who are easily manipulated emotionally, and children and parents who are struggling with the use of technology and are at higher risk of becoming victims of love scamming.
Justice Dilemma: Prison for Child Offenders or Recovery for Victims of Sexual Violence in Jepara?
This research explores the dilemma of law enforcement in cases of sexual violence against children in Jepara. The study analyzes two conflicting perspectives: the imposition of prison sentences on child offenders and efforts for the recovery of victims. A normative research method is used through the analysis of regulations, particularly related to the Child Criminal Justice System Law, and the analysis of court decisions from the Jepara district court from 2019 to 2024. The results indicate the complexity in the application of law that considers aspects of juvenile punishment and victim protection. On one hand, there is a demand for justice from victims who want severe punishment for the perpetrators. On the other hand, there are concerns about the negative impact of detention on the perpetrator's child, who may need rehabilitation and guidance more. Research highlights the importance of a holistic and integrated approach in handling cases of sexual violence against children, which considers the interests of victims and restorative justice efforts for child perpetrators. This research provides policy recommendations that favor the recovery of victims and the rehabilitation of child perpetrators, as well as emphasizing the importance of synergy among related institutions in addressing cases of sexual violence against children in Jepara
The Urgency of Understanding the Age of Marriage To Realize The Quality Of Education For Cadests In Puguh, Boja, Kendal
Child marriage is marriage under the recommended age by law, namely 19 years. Kendal Regency is an area with a high child marriage rate. This is shown by the Kendal PA Statistics Data, 2022 requests for dispensation for marriage, namely 253 in 2021 and 348 in 2022. One of the areas with a high marriage rate is Boja District. The rise of child marriage in Boja District is caused by various factors, including the sophistication of technology, communication information, low economic level, and promiscuity. The methods used are the lecture method, and the question-and-answer method. Measurement of the level of understanding is carried out by pre test and post test. The results of the service revealed that the level of understanding of members of the Puguh Village Karang Taruna regarding child marriage was quite good, but in terms of the minimum age limit for marriage there were still many mistakes. If a child's education is forced to drop out of formal school, then the right treatment is to continue to non-formal school through the Independent Learning Activity Center (PKBM).
Consumer Protection of After-Sales Service for Discontinued Motor Vehicle Brands in Indonesia
One of the important components of consumer rights protected by Law Number 8 of 1999 concerning Consumer Protection is after-sales service, such as the availability of spare parts and repair services. Consumers can suffer losses due to the loss of access to these services when the manufacturer or official distributor ceases operations. Consumer rights that should be obtained often cannot be fully implemented and fulfilled. Consumers are often the most disadvantaged parties due to the negligent practices of companies. By examining case studies of car manufacturers that have ceased operations in Indonesia, this study uses a juridical-empirical methodology. Based on the research findings, consumers are in a weak position to obtain protection or compensation due to the legal vacuum. Therefore, it is necessary to strengthen regulations and long-term responsibility mechanisms from business actors to ensure the continuity of after-sales services even though the business entity has ceased operations.
consumer protection, after-sales service, motor vehicles, business actors, consumers.
Analysis of Land Ownership Transfer to a Legal Entity Based on Tanah Grogot Court Decision No. 26/Pdt.G/2022/PN Tgt
This study examines the implementation of land ownership transfer to a legal entity based on the Decision of the Tanah Grogot District Court Number 26/Pdt.G/2022/PN Tgt. The research focuses on the gap between the legal authority of the court ruling and its practical implementation. The research method uses an empirical juridical approach with data collection techniques including interviews, observations, and documentation. The findings reveal that the cooperative, as the plaintiff, faced both administrative and social obstacles such as the absence of authentic deeds, uncooperative defendants, weak interagency coordination, and technical issues at the Land Office. Although the court decision has permanent legal force, the land transfer process cannot proceed due to unfulfilled administrative requirements. As a solution, the cooperative filed for real execution and used the court ruling as a legal basis to apply for Building Use Rights (HGB) or Usage Rights (HP) over the land. This study recommends strengthening institutional coordination, imposing sanctions on non-compliant parties, and digitizing land records. Thus, the implementation of court rulings in land disputes can effectively ensure legal certainty and protection for legal entities.
Land Transfer, Legal Entity, Building Use Rights, Court Decision, Land Office
Analysis of the Effectiveness of Mediation by BPN in Land Dispute Resolution (Study in Klaten Regency)
Land is one of the natural resources that has a crucial role in supporting human survival. Human dependence on land is very high, both as residential land and as a source of livelihood. This article discusses the effectiveness of mediation conducted by the Klaten Regency National Land Agency (BPN) in resolving land disputes in the 2023-2024 period. This research uses an empirical juridical qualitative approach with primary data obtained through interviews with local BPN officials, as well as secondary data from legal literature and related regulations. The results show that the effectiveness of mediation conducted by the BPN is still low, with only 25% of cases successfully resolved. Factors causing mediation failure include the absence of the parties, egoism that inhibits compromise, and lack of legal understanding. The findings suggest that further efforts are needed to strengthen legal understanding, raise public awareness of the importance of peaceful resolution, and encourage active commitment from all parties involved in the dispute.
The Rights of Non-Landowner Communities in the National Strategic Project of Bener Dam (Case Study of Wadas Village, Purworejo, Central Java)
Infrastructure development through the National Strategic Project (PSN) in Indonesia often presents challenges related to the protection of the rights of affected communities, especially non-landowner groups. This study examines the rights of affected communities involved in andesite mining activities in Wadas Village, Purworejo, as part of the Bener Dam construction, and evaluates the representation of non-landowner residents in the decision-making process. The research method employed is empirical juridical with normative and sociological approaches, including interviews with residents and analysis of relevant regulations. Findings indicate that although the legal framework regulates land rights, a healthy environment, and compensation, the implementation on the ground is often non-transparent and lacks substantive public participation, particularly for non-landowner residents who are socially and environmentally impacted. Conflicts and structural exclusion arise due to regulatory limitations that recognize only landowners as stakeholders. The study recommends revising land acquisition regulations, strengthening inclusive participation mechanisms, and implementing the Free, Prior, and Informed Consent (FPIC) principle to ensure social justice and sustainable development. This study contributes to the understanding of marginalized communities' rights in the context of national development and provides a policy basis for more equitable rights protection.
Non-landowner, Public Participation, National Strategic Project, Wadas Viilage
Sociolegal Analysis of the Rawa Pening Agrarian Conflict as an Effort to Legally Protect Land Rights
Land is a fundamental asset that plays a vital role in supporting community welfare and livelihoods. In the Rawa Pening area, a significant agrarian conflict has arisen due to a lake revitalization project initiated by the government, involving the National Land Agency (BPN), the Indonesian National Armed Forces (TNI), and the Ministry of Public Works and Housing (PUPR). The project, aimed at flood and sediment control, has led to the displacement of farmers and fishermen, disrupting agricultural lands and residential areas. Despite possessing legal land certificates, residents claim that boundary markers placed for the project have encroached upon their property, indicating a lack of adequate legal protection. This study aims to analyze the legality of land acquisition procedures and their alignment with existing regulations. The research employs a normative and empirical juridical approach, combining legal document analysis and field interviews. The findings reveal that land acquisition was carried out with minimal community involvement, potentially violating procedural requirements and leading to legal uncertainty and possible human rights violations. The study identifies the need for a fair and transparent land acquisition process that respects property rights and provides legal certainty for affected communities. It concludes that stronger enforcement of agrarian laws and community participation are essential to resolving land conflicts and ensuring equitable development outcomes.
Land Acquisition Regarding Agency Land: Construction Of The Bawen-Jogja Toll Road On SMKN 1 Bawen Agricultural Land
The construction of the Bawen-Jogja Toll Road has caused problems in the acquisition of agricultural land of SMK Negeri 1 Bawen covering an area of 1,752 m2, which is constrained by land ownership status. The complicated administrative process slows down the settlement of compensation. The purpose of this article is to analyze the land acquisition process and its compliance with Law Number 2 of 2012 Regarding Land Acquisition for Public Interest. The research method uses a normative legal approach with analysis of laws and regulations, interviews, and document studies. The results of the study show weaknesses in transparency and stakeholder involvement in the land acquisition process. Problematic land ownership status hinders compensation negotiations. In conclusion, the land acquisition process is not optimal and requires system improvements to ensure legal compliance, efficiency, and fairness. Improvements in procedures and transparency are urgently needed to prevent similar obstacles in future infrastructure projects.
Legal Issues in Cases of Land Disputes Without Certificates (Study of Decision No. 18/Pdt/2022/Ptptk Juncto No. 30/Pdt.G/2021/PnKtp)
Land disputes, especially related to uncertified cultivated land, are still a complex problem in Indonesia. Case Decision Number 18/Pdt/2022/Ptptk juncto Number 30/Pdt.G/2021/PnKtp describes a situation where physical control of land without a certificate is legally disputed by another party claiming ownership rights. This study examines the legal issues in the dispute, considers the judge's decision, and examines the legal protection provided to the parties. The normative legal method with case studies was used to analyze the court decision. The results show that a land certificate is the strongest evidence of ownership, but continuous and open physical control can be the basis for a claim under certain conditions. However, without a certificate, the legal position of the cultivator becomes weak when faced with formal evidence from another party. The judge's consideration is very important in assessing evidence, good faith, and the history of land control. This decision reflects an effort to balance legal certainty, justice, and protection for all parties to the dispute.
Children as Victims and Objects of Crime: A Criminological Analysis of Economic Exploitation in Urban Environments
Economic exploitation of children in urban environments is a complex form of social crime that is often hidden behind the dynamics of city life. Children are not only victims of family economic pressures, but also become objects of crime by parties who take advantage of their vulnerability. This article aims to analyze the phenomenon of child exploitation from a criminological perspective, highlighting how social structures, economic inequality, and weak legal protection systems contribute to the rampant practice of exploitation in urban areas. Using a qualitative approach and critical criminology theory, this study examines the patterns of exploitation that occur, including the involvement of children in informal work, forced labor, and other forms of hidden exploitation. The results of the analysis show that child exploitation is not only triggered by economic factors, but also by the cultural normalization of child labor, lack of legal awareness at the community level, and minimal community-based state intervention. This article emphasizes that child exploitation must be understood as a structural crime that requires an interdisciplinary and collaborative approach. Prevention and handling efforts are not enough only through law enforcement, but also through community empowerment, social policy reform, and strengthening child protection systems that are responsive to the urban context. Thus, protecting children from economic exploitation must be a priority agenda in criminal and social policies in urban areas.
Child Exploitation, Criminology, Social Crimes, Urban Society, Child Protection
From the Margins to Protection:Empowerment of Marginalized Communities for Exploited Children
Economic exploitation of children is a form of human rights violation that is still rampant, especially in areas with high poverty rates and limited access to education and legal protection. In Central Java, this phenomenon often affects children from marginalized families who are forced to work to help support their families' economy. This study aims to analyze how empowering marginalized communities can be an effective strategy in supporting the implementation of legal protection for children who are victims of economic exploitation. Using a qualitative approach and case study methods in several areas in Central Java, this study explores the role of local communities, civil society organizations, and government institutions in building legal awareness and social capacity of marginalized communities. The results of the study show that community empowerment not only increases understanding of children's rights but also strengthens the community's bargaining position in rejecting exploitative practices. Programs such as skills training, legal counseling, and the formation of local advocacy groups have been shown to create a more protective environment for children. In addition, collaboration between the community, local government, and child protection institutions is key to building a sustainable protection system that is responsive to local needs. This study confirms that a community-based approach is an important element in child protection strategies, especially in areas with limited resources. Therefore, policies are needed that support the active participation of marginalized communities in the process of formulating and implementing child legal protection. Thus, child protection efforts are not only the responsibility of the state, but also become a collective movement from the grassroots that starts from shared awareness and concern.
Evaluation of Judicial Institutions in Handling Contempt of Court Cases Based on Lawrence M. Friedman's Theory
This article examines the dynamics of the development of contempt of court using legal theory in the context of modern Indonesia by emphasizing the importance of a deep, open way of thinking, and involving various fields of knowledge. The author uses a qualitative method with a sociological approach, and refers to M. Lawrence Friedman's theory that sees law as part of social life with a case study of contempt of court. Legal understanding cannot be separated from social and political influences, the rigid theory of legal positivism is no longer adequate to answer the complexity of legal problems in Indonesian society. A transdisciplinary approach is offered as a conceptual solution to enrich legal theory through integration with social science, ethics, and legal philosophy. The results show that contempt of court requires the establishment of a separate law to strengthen legal legitimacy and public trust in the judiciary.
Legal Certanity Of Land Disputes: Differences In The Assessment Of Evidence Of Realease Of Rights Between The Court Of Appeal And Cassation (Study Of Decision No 292/PDT/2018/PT.DKI And Decision No 212 K/PDT/2020)
In land practice in Indonesia, there are still many land sale and purchase transactions that are carried out without a land title certificate and are only based on a Letter of Release of Rights (SPH). As in Decision No. 595/PDT/2018/PT.DKI and Decision No. 212 K/Pdt/2020. This writing aims to analyze the differences in the assessment of evidence of the Letter of Release of Rights (SPH) by the Court of Appeal and the Supreme Court and assess its impact on the legal certainty of land ownership. This research uses a normative juridical method with the approach of legislation and decision studies. The results showed that the Court of Appeal considered that the Surat Pelepasan Hak (SPH) was not a valid proof of ownership because it did not meet the formal administrative requirements, while the Supreme Court considered the Surat Pelepasan Hak (SPH) to be legally valid because it was supported by the facts of physical possession, payment in full, and good faith.
evidence, legal certainty, letter of release of rights
Legality of Commercial Parody Merchandise Without the Authorization of the Owner of the Parodied Brand Based on the Perspective of the MIG Act
This study examines the criminal liability of corporations as perpetrators of environmental crimes in Indonesia. With increasing industrial activities contributing to environmental degradation, holding corporations accountable under criminal law is essential to deter future violations and promote sustainable business practices. This research analyzes the existing legal framework, judicial practices, and challenges in enforcing corporate criminal responsibility for environmental damage. Through a doctrinal and case law approach, the study highlights gaps in regulation, inconsistencies in court rulings, and the difficulty of attributing mens rea (criminal intent) to corporate entities. The contribution of this study lies in proposing clearer legal criteria and enforcement mechanisms to strengthen corporate accountability for environmental harm. It emphasizes the need for comprehensive legislation that balances economic growth with environmental protection, ensuring that corporations cannot evade liability due to complex organizational structures. This research is relevant for policymakers, legal practitioners, and environmental advocates seeking effective solutions to environmental crimes committed by corporations in Indonesia.
Corporations and Environmental Crimes: A Legal Analysis of Criminal Liability in Indonesia
Environmental damage caused by corporations in Indonesia poses a serious threat to ecological sustainability and community welfare. This paper aims to analyze the legal framework and implementation of corporate criminal liability in environmental crimes. The main issue discussed is the ineffectiveness of law enforcement in holding corporations accountable despite their significant role in causing environmental damage. Using a normative juridical method, this research examines laws, doctrines, court decisions, and relevant legal literature. This study identifies several legal theories used to establish corporate liability, including the theory of identification, strict liability, and vicarious liability. The research findings reveal that although the Indonesian legal system, particularly Law No. 32 of 2009 and the new Criminal Code (Law No. 1 of 2023), recognizes corporations as criminal law subjects, their practical enforcement remains weak. The main challenges include corporate structural complexity, difficulties in proving mens rea, regulatory ambiguity, and political or economic influences. This study concludes that more effective enforcement mechanisms are needed, involving not only criminal sanctions but also remedial actions such as environmental restoration and corporate accountability. Strengthening institutional capacity, inter-agency coordination, and public participation are crucial steps toward improving environmental justice. This research underscores the urgency of comprehensive legal reform to ensure that corporations can be held criminally liable and contribute to sustainable environmental governance.
Corporations, Environmental Crime, Law No. 32 of 2009.
Affirmative Legal Measures for Persons with Disabilities: Ensuring Accessibility in General Elections in Indonesia
This study examines the accessibility rights of persons with disabilities in the context of general elections in Indonesia based on national regulations and their implementation. Although Law Number 8 of 2016 and KPU Regulation Number 25 of 2023 have established inclusive political rights for persons with disabilities, challenges remain in practice, such as insufficient facilities and assistive devices at polling stations (TPS). Survey findings and election monitoring reports reveal a significant gap between regulations and their implementation, especially in providing adequate accessibility. This article also highlights the importance of affirmative legal policies, involvement of disability organizations, and stricter oversight to ensure full and equal political participation for persons with disabilities. The study concludes that structured and systematic efforts are needed to guarantee an inclusive democracy that upholds human rights and equality.
Accessibility rights, persons with disabilities, general elections, affirmative policy, political participation, Indonesia.
The Role of Petok D Documents in Recognizing Community Rights to Land: A Case Study in Cabak Village
Legal uncertainty surrounding land ownership based solely on Petok D documents, which are often not recognized within the formal land administration system, has the potential to cause agrarian conflicts involving companies, the government, or local residents. This study employed a qualitative approach with empirical juridical research methods, utilizing interviews, observations, and document analysis. The data collected were analyzed and presented descriptively. The results show that the community in Desa Cabak still heavily relies on Petok D as the basis for land ownership claims; however, these documents do not always meet the administrative requirements for land certification. There is also a significant gap between customary law and state law, making it difficult for the community to obtain legal certainty. Additional challenges include limited public understanding of legal procedures, overlapping land policies, and weak legal protection for non-certificate ownership evidence. The study concludes that affirmative policies and more inclusive regulatory reforms are needed to accommodate the social realities of communities with longstanding customary land rights. A comprehensive solution could strengthen the legal position of the community and help prevent future agrarian conflicts.
Analysis of The Implementation of The Regulation of The Minister of Agrarian and Spatial Planning Number 5 of 2020 in Electronic Registration of Mortgage Rights (Study of Mortgage Rights Registration by PPAT)
This study aims to analyze the implementation of the Regulation of the Minister of Agrarian Affairs and Spatial Planning Number 5 of 2020 concerning electronic mortgage services (HT-el) in Indonesia, with a focus on the role of PPAT and its impact on the mortgage registration process. The method used is qualitative with an empirical legal approach, through interviews, direct observation, literature studies, and analysis of related laws and regulations. The results of the study indicate that the HT-el system improves the efficiency, security, and transparency of land services, speeds up the process from months to around 7 days, and reduces costs and facilitates access. However, the implementation of this system faces obstacles such as system disruptions, data synchronization failures, and adaptation challenges from officials and debtors. Education, mentoring, and improving infrastructure and human resource capacity are needed to ensure the success of this digital transformation. This study emphasizes the importance of technological modernization in land administration in order to improve service quality and reduce the potential for document misuse.
implementation, electronic mortgage, PPAT
Analysis of the Role of the Community Movement Program for the Installation of Boundary Markers (GEMAPATAS) in Reducing Land Boundary Disputes in Wonogiri Regency
The Community Movement for Boundary Marker Installation (GEMAPATAS) Program is a program from the Ministry of ATR/BPN. This program primarily involves community outreach to raise awareness about the importance of installing land boundary markers, along with the free installation of these markers by BPN. After the program's implementation in Wonogiri Regency in 2023, it was found that there was no significant reduction in land boundary disputes. In fact, such disputes remained the most frequently reported land issues by the residents of Wonogiri. This study aims to examine and analyze the implementation and role of the GEMAPATAS Program in reducing land boundary disputes in Wonogiri Regency. The research employs a qualitative method with an empirical juridical approach and descriptive qualitative data analysis techniques. The findings indicate that the GEMAPATAS Program has been implemented fairly well and has received positive responses from the community. For instance, in Pracimantoro Village, one of the program's pilot locations in Wonogiri Regency, the initiative has helped reduce land boundary disputes and increased public awareness about the importance of boundary markers. Additionally, GEMAPATAS has accelerated the implementation of the Complete Systematic Land Registration (PTSL) Program. However, the program has not yet significantly reduced land boundary disputes at the regency level. This is attributed to its limited implementation, covering only 24 villages in Wonogiri Regency, leading to uneven execution. Therefore, it is hoped that the GEMAPATAS Program can be expanded to achieve more optimal results in reducing land boundary disputes in Wonogiri Regency.
Role, GEMAPATAS Program, Land Boundary Disputes, Boundary Marks.
The Effectiveness of Electronic Land Certificates in Ensuring Legal Certainty of Land Rights
This research examines the effectiveness of electronic land certificates in ensuring legal certainty of land rights in Pekalongan City. The digital transformation of land administration represents a strategic initiative by the government to improve public services, yet its implementation faces significant challenges. The study aims to compare the effectiveness of conventional and electronic certificates, identify supporting and inhibiting factors, and assess their impact on legal certainty and protection of land rights. Employing an empirical approach, data was collected through interviews with officials at the Pekalongan City Land Office, direct observations, and document analysis of relevant regulations including the 1960 Basic Agrarian Law, Government Regulation No. 24/1997, and Ministerial Regulation ATR/BPN No. 1/2021. Content analysis and normative interpretation were applied to analyze the data. The findings reveal that while electronic certificates offer advantages in security, accessibility, and administrative efficiency, their implementation remains suboptimal due to uneven technological infrastructure, low digital literacy among communities, and internal resistance from land office employees toward system changes. Challenges include risks of certificate duplication and data overlap, while opportunities lie in enhanced transparency of land services. The research concludes that certificate digitalization has not yet achieved full effectiveness due to structural, cultural, and institutional barriers. The study recommends developing digital infrastructure at regional levels, providing intensive training for land office staff, and conducting massive public outreach to optimize land digitalization as an instrument of agrarian reform and state administration modernization.
Electronic Land Certificate, Legal Certainty, Land Registration, Digital Transformation, Agrarian Law