The Unnes Law Journal (ISSN Print 2252-6536 ISSN Online 2722-4503) is a peer-reviewed scholarly journal that publishes high-quality research on Indonesian law and its interaction with regional and global legal developments. Established in 2012, the Journal aims to advance rigorous legal scholarship and promote evidence-based discourse on law, justice, and governance. The Journal focuses on theoretical, interdisciplinary, empirical, and comparative studies of law, with particular attention to legal issues that shape Indonesia’s legal system and its role within Southeast Asia. It welcomes manuscripts that analyze legal reform, institutional development, and contemporary legal challenges from diverse methodological perspectives. The scope of the Journal includes, but is not limited to: Legal theory, jurisprudence, and philosophy of law; Comparative law and Southeast Asian legal studies; Law and economics; Criminology, criminal justice, and crime studies; Legal history and socio-legal research; Gender justice and feminist legal studies; Politics, public policy, and law reform; Law, culture, and society; and Law and literature. By fostering academically rigorous and internationally relevant research, The Unnes Law Journal seeks to contribute to the development of legal knowledge, support progressive law reform, and strengthen scholarly engagement within Indonesia and the global legal community.
All writings published in this journal are the personal views of the authors and do not represent the views of this journal or the authors' affiliated institutions. Author(s) retain copyrights under the license of Creative Commons Attribution-NonCommercial-ShareAlike 4.0 (CC BY-NC-SA 4.0).
Bank Trademark Protection in the Digital Era: Comparative Study of Indonesia, United States, Oman
This article examines the protection of bank trademarks in Indonesia, the United States, and Oman, representing Civil Law, Common Law, and a mixed civil–Sharia–GCC legal system respectively. It addresses two main questions: how differences in legal traditions shape the regulation and enforcement of bank trademarks in the digital era, and what model of protection can be formulated to make such protection more adaptive to technology‑based infringements while reinforcing depositor trust. Using a normative legal method with statute and comparative approaches, the study analyzes national trademark and banking regulations, international instruments such as TRIPS and the Madrid Protocol, GCC trademark rules, and relevant case law, interpreted through Lawrence M. Friedman’s legal system theory (structure, substance, and legal culture). The findings show that the United States provides the most advanced protection for bank trademarks through the combination of the Lanham Act, doctrines of likelihood of confusion and dilution, specific tools such as the ACPA and UDRP, and strong coordination with financial regulators. Indonesia and Oman have aligned their substantive rules with international standards, but face structural and cultural constraints, including fragmented inter‑agency coordination, the absence of fast‑track and online dispute resolution mechanisms for digital disputes, and limited institutional capacity. The article proposes a hybrid, trust‑centred model for Indonesia that strengthens substantive norms on bank trademarks, institutional coordination between IP, financial, and digital regulators, and rapid procedures for digital enforcement, while embedding consumer protection, good faith, and amanah as guiding principles.
Copyright (c) 2026 Anak Agung Ayu Ngurah Sri Rahayu Gorda, I Gede Agus Kurniawan, Putu Aras Samsithawrati, Princess Alyssa D. Tee-Anastacio, Musallam Al Awaid (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Non-Penal Conflict Resolution and Islamic Legal Culture: Evidence from Sunni–Shia in Indonesia
This study aims to analyze the potential success of a religion-based conflict-resolution approach grounded in non-penal policies of Islamic legal culture. The use of this method is important for resolving the Sunni-Shia conflict in Sampang Regency. This study contributes to the development of guidelines for regional governments on the use of non-legal policies to resolve religious conflicts. This study uses empirical legal research methods with a socio-legal and anthropo-legal approach. The findings of this study reveal that penal policies for conflict resolution are ineffective in resolving conflicts quickly and only perpetuate stigma regarding which religious sects are right and which are heretical. This study also reveals that, when attempting to resolve and prevent disputes, non-penal methods grounded in Islamic legal culture are more effective in resolving religious conflicts more quickly and peacefully, with a familial approach, while avoiding violent means in resolving religious sectarian differences. This study concludes that the non-penal approach should be strengthened by assigning a role to local actors within the Madurese tradition to conduct the resolution process, so that former Shia followers, who are still being rejected, can be appropriately addressed. This study recommends that the government adopt a non-penal approach to facilitate the immediate completion of the post-conflict reconciliation and reconstruction process.
Copyright (c) 2026 Muwaffiq Jufri, Paul Atagamen Aidonojie, Ousu Mendy, Ebrima Sarr, Raphael Daoud Jackson-Ortiz (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Children Abandoning Parents: What about Legal Sanctions?
Obligations of care to parents from adult children (alimony) is an obligation of every child that should not be overlooked. If obligations are not complete with good cause neglected elderly. Surely such neglect will result in the emergence of a sanction for the child. However, the presence of sanctions for the actions of his apathetic children has not been widely known by the community . The neglected elderly people will be accommodated by the government in unit pelayanan lanjut usia, the government should guarantee economic security. In addition to the welfare of neglected elderly there are other important things that the government should take note that the protection of the elderly from wrong actions and arbitrary. The results showed that alimony obligation towards the parents of a child in Unit Pelayanan Sosial Lanjut Usia Wening Wardoyo Kabupaten Semarang has not met considering all the necessaries of life of beneficiaries has been borne by the government. For beneficiaries who still have children who are actually capable but abandoned that get into the unit should be subject to sanctions which can be a verdict asking the child to care for and maintain it self as a civil, ostracized, ridiculed and denounced by relatives in customary law and gets the barrier great to enter the gates of heaven in Islamic law, legal protection and welfare of beneficiaries in Unit Pelayanan Lanjut Usia Sosial Wening Wardoyo Kabupaten semarang have met with both proven by the various services and facilities received by the beneficiaries.
Copyright (c) 2019 https://creativecommons.org/licenses/by-nc-sa/4.0
Forests for Justice: What is the Sharing of Forest Products between the Government and the Community?
This research aims to analyze the process of forest production sharing between Perum Perhutani (state-owned forestry company) and LMDH Aman Sentosa as well as the obstacles in the process of forest production sharing between Perum Perhutani and LMDH Aman Sentosa. This research is an empirical and jurudical legal study using qualitative research method. The result of this research shows that the process of production sharing etween KPH Pati and LMDH is a continuous process of the fund sharing which comprises the following processes: (a) the process of teak logging, (b) the calculation of trees and wood production, (c) the submission of sharing proposal for the LMDHs by Asper to KKPH, (d) the KPH team calculated and revised the LMDH’s right proportion, (e) KKPH submitted the proposal to the head of the unit, (f) the unit team conducted a collective correction, (g) the process of making the official report of the sharing and the decree on the allocation of sharing distribution to KPH, (h) KPH Pati issued the decree on the allocation and sharing to the LMDH, (i) KPH Pati passed in the sharing fund to the LMDH, and (j) sharing fund distribution to the members, cash board, and village officials. The obstacles faced in the process of production sharing between Perum Perhutani and LMDH Aman Sentosa are (a) complicated regulation in calculating the production sharing; (b) too long term of the production sharing fund delivery, and (c) LMDH’s delay in submitting the report.
Company Support for Environmental Sustainability: How Does CSR Defend Environmental Sustainability in Indonesia?
This paper is intended to analyze how the implementation of the survey and identification as a basis for channeling funds to the Community Development Program of PTPN IX and how to account for the distribution of funds Environment Development Program at PTPN IX? This study classified the type of qualitative empirical juridical approach with descriptive-analytic specifications. The type of data used are primary data. Data obtained through interview and document study. The data obtained and analyzed by inductively to be concluded. The results obtained showed that PTPN IX in the implementation of the survey and identification of the distribution of the Community Development Program funds to repair roads in the village Sukomangli 2014 using the method of submission of the proposal by the community. The public in this case is positioned as the subject and object of the program. While, PTPN IX positioned as a facilitator realization of targets set out in the proposal. On the distribution of aid funds are PTPN IX compiling reports and the use of funds for implementing dipertanggungjawakan by the Board of Directors to the AGM. The report was approved by the AGM that the Board of Directors in this regard has gained release and discharge of responsibility for the implementation of environmental Development Program in fiscal year 2014.
Effect of Taxpayer Data and Information Confidentiality Principle on Tax Amnesty Against Law Enforcement in Indonesia
The principle of confidentiality in the Tax Amnesty can have a negative impact, the impact of which may occur frauds by individual taxpayers and tax officials. If there is fraud, the process of investigation and investigation to find evidence will be difficult. Law enforcement agencies and examining bodies such as the KPK, BPK, and other related agencies will have difficulties and will not be able to break through taxpayer assets or data because these assets and data are private and protected by law. This can hamper the law enforcement process, especially law enforcement in the tax sector. The principle of confidentiality in Tax Amnesty has an effect on law enforcement. The principle of confidentiality in Tax Amnesty provides potential moral hazard. A moral hazard occurs because of the opportunities or opportunities that enable these actions to materialize. Opportunities for Fiscus and Taxpayers to meet in person. This has the potential to cause a gray area between the Taxpayer and the Fiscus which can cause moral hazard to the Taxpayer. The authority of the Fiscus is prone to be misused, so that it can lead to several criminal actions that can be carried out, namely embezzlement or corruption that can harm the country's finances. And when the crime occurs at a Tax Amnesty Taxpayer, it will be difficult to enforce the law because the data and information sourced from the Declaration and its attachments cannot be used as a basis for investigation, investigation, and / or criminal prosecution of the Taxpayer cannot be used as a taxpayer basis for investigation, investigation and / or criminal prosecution of taxpayers.
The LGBT which is an acronym for Lesbian, Gay, Bissexual and Transgender is a group consisting of people who have sexual orientation deviations, behavioral deviations and appearances that are not in accordance with their gender. The current LGBT phenomenon has experienced rapid development in everyday life. LGBT as a form of sexual deviation, behavioral irregularities and appearance that is not in accordance with their gender, has expanded to a society with a normal social order, even these LGBT actors are not only teenagers and adults but also children. Most LGBT people present themselves as heterosexual people, this is done so that LGBT people can get along comfortably in carrying out various social activities in the community. The deviation itself does not rule out the possibility of being in campus life and the perpetrators are students to lecturers. The proliferation of television coverage of LGBT has also expanded the movement of LGBT people to show their identity that they exist. This report will discuss the observations of LGBT communities on campus (UNNES) and how they relate to crimonology and victimology.
Death Penalty, Right to Life, and Various Controversies in Human Rights
In Indonesia, the issue of capital punishment is a matter of controversy between those who are pro to the death penalty and those who are against the death penalty. Those who disagree with the death penalty assume that the inhuman death sentence is contrary to the principle of fair and civilized humanity in accordance with Pancasila, only Allah can take a person's life, if the judge is wrong in passing the sentence, what can be improved again. The pro-death penalty party considers that the death penalty deserves to be imposed on a sadistic criminal in carrying out his action because if he is not sentenced to death he will repeat his crime. The death penalty is also in accordance with the National RKUHP which is pro on capital punishment, but with certain conditions. If we observe from existing laws such as the Narcotics Act, the Corruption Law, the Terrorist Law, etc. then it can be said that the Law is pro death sentence. In the context of capital punishment, Kontras, which is concerned with the matter of upholding human rights, provides a criminological view that capital punishment does not provide a deterrent effect on the perpetrators of Extraordinary Crimes, because such actions can be motivated, not only from individual distributor factors, but also structural factors, for example community economic instability due to domestic political conditions. So, because the death penalty also conflicts with the right to life, it is fitting that the death penalty be replaced with life imprisonment.
Victims of Sexual Abuse: How Does the Law Protect Her?
Campus sexual assault (CSA) has received unprecedented public attention lately. Sexual assault is one of the iceberg phenomena. Although men and women can be sexually assaulted, women are at greater risk. This research was aimed to describe and to classify sexual assault. The result of this research showed there are many sexual assault victims chose to remain silent and not strive for justice because imbalance of power relation, normalization of sexual assault on campus, lack of institutional support and even disciplinary act perpetrator, consequently perpetrators still remain on campus and turned compound of trauma for victims' lives. Campus intervention is important to destroy normalization of sexual assault on campus and they should take the responsibility to educate their students about consent during sexual contact.
Adat Land (Bengkok) Transition Process in Indonesian Land Law
This research aims to determine the transition of land rights from adat land village (bengkok) and the efforts made to provide legal protection for the people who control the land from the crooked land, this research using empirical juridical approach, using primary data and secondary data later analyzed using qualitative data analysis. This study shows that the transition process bengkok land Mutih Wetan village performed until the discharge stage by way of village meetings by providing replacement land. Soil removal procedure performed by Demak Regent Regulation No. 1 of 2011 On Guidelines For Financial Management And Wealth Village, efforts are being made to the legal protection for the people who control the land from the bengkok land village is recording the village administration to mutation associated land, forming the draft village regulations, as well as performed permit change agricultural land into land non-agricultural land rights petition efforts undertaken by the Government of Mutih Wetan village. It can be concluded that the process of transition crooked land done by the release of land by way of village meetings to provide replacement land, efforts are being made to the legal protection for the people who control the land from the bengkok land is recording the administration of the village on the mutation of land, the establishment of the draft regulation village, and the license permit change agricultural land into non-agricultural land as a condition for the right to land use certificate issuance.
Implementation of Limitation of Prosecution of Land Rights to Ensure Legal Certainty for Rightsholders
Article 32 paragraph (2) Regulation 24 of 1997 states that the issue of land cases more than 5 years after the certificate is issued is not possible lawsuit. This is intended to ensure legal certainty for rights holders. But in reality, there is a problem a lot of land that is more than 5 years can still be carried out a lawsuit by those who feel harmed, so it does not ensure legal certainty for rights holders. This is possible because the system is a system used publications negative positive element in which the certificate is not as absolute proof, so that those who feel aggrieved can still raise objections without time limit. Results from this study is the case of land dispute resolution that appeared more than five years after the certificate issued is the same as the settlement of land issues that arose before 5 years after the certificate was issued. The solution can be done through litigation and non-litigation either at Court or the Land Office. Namely through the path of litigation proceedings from the lawsuit, the answer, replic, closing argument, evidence, conclusions, and judgment. While the path is non-litigation mediation can be done in the Courts and the Land Office. Restrictions prosecution land rights can ensure legal certainty of land rights holders. Because the landowners will not always alarmed by the continuity of the ownership of the land.
Responsibility of Children's Toys Businessmen against the Hazards of Toys Posed
The aims of this research is to find out and describe the diversity of children’s toys in Semarang City, find out and describe protection in law to children as end user, as well as to find out and describe responsibility of children’s toys businessmen against the hazards of toys posed. The type of this research is qualitative research by using juridical-sociological approachment. The technique of collecting data which was used were literature research, observation, interview, and documentation research. The result of this research show that in Semarang City is not yet known diversity of children’s toys for certain, protection in law for children as end user is not maximal yet, and the responsibility of the businessmen has not been fully implemented or are still limited and conducted unilaterally by the businessmen.
Implementation of Changes in the Use of Agricultural Land to Non-Agriculture in the Land Office of Pemalang District (2011-2013)
The purpose of this study was to (1) analyze the implementation of the licensing change of use of agricultural land to non-agricultural; (2) analyze the obstacles encountered by the Land Office and the citizens in the transition function of agricultural land into non-agricultural. This research is empirical juridical law with analytical descriptive research. Source of research data derived from primary and secondary data. The technique of collecting data using interviews (Land Office employees and citizens Pemalang) and documentation then analyzed descriptively qualitative. Results of this study are (1) The licensing change of use of agricultural land to non-agricultural can be done by private masyarat citizens or by the developer / investor, which process comprises: (a) the applicant making the request; (b) the payment of administrative costs, (c) review of the field consisting of the research process, data processing and manufacturing considerations technique, (d) the delivery of judgment technique to the Regent in the minutes of the Assembly Examination Committee for consideration, (e) decision of the application is accepted or denied, and (f) submission of the decision for a permit to the applicant. (2) The constraints encountered by the Land Office is the difference in the deliberations of the Technical Advisory Team Land when reviewing the location, and the public / applicant had been doing construction on agricultural land that has not been transformed to enable.
The Doctrine of Belief as a Vulnerable Group: How do the Human Rights Laws Accommodate this Group?
One of the important issues that the global nature of human rights is the emergence of the idea and practice of multiculturalism, that is a willingness to coexist with other people or groups differntly. Multiculturalism is essentially an willingness of accept others groups equally as unity without care about cultural differences, ethnic, gender, language, or religion. The new legal problems are the most crucial in Indonesia as a result of multiculturalism is a matter of religion and belief. Remember that Indonesia has some same religion and belief, which its people have strongs beliefs about religion and beliefs of each of them. The implementation of Act Number 39 of 1999 on human rights towards the protection of vulnerable groups to the residents of Pangudi Rahayuning Bawana Organization in Semarang is trust less. There are some human rights that have not been fulfilled, namely related to the exitance of a religious column discharge or fill the column by selecting among them the religions of six official religion. The contraint factors by the Pangudi Rahayuning Bawana organization to a fulfillment of his civil rights is freedom of religion and belief, marriage, funerals, the right to establish places of worship and the right to obtain religious education in according with the religion and beliefs for their children in according with his beliefs.
This research is based on cyberporn which is increasingly prevalent in Indonesian crime with internet technology as a medium of crime in cyberspace. Many problems are the basis of the author's research. The results of this study indicate that this criminal law policy has weaknesses and shortcomings, such as jurisdiction issues, the absence of specific arrangements regarding cyberporn, cyberporn issues in positive criminal law are regulated as crimes that violate decency There are weaknesses and deficiencies in current criminal law policy shows the need for a criminal law formulation policy in the effort to combat cyberporn. Future criminal law formulation policies relating to dealing with cyberporn. by paying attention to the characteristics of cyberporn as an information technology-based crime (occurring in cyberspace) and is transnational in nature, both at the stage of criminalization, determination of jurisdictional aspects, subject of criminal acts, criminal formulation system, criminal liability formulation system, criminal sanction formulation system and formulation of guidelines for criminal sanctions. criminal prosecution. Thus, it is very much needed special regulation of the problem of cyberporn in the formulation of criminal law that will come in order to maximize efforts to prevent and prevent cyberporn in Indonesia. The conclusion of this research is that the formulation of criminal acts does not explicitly or specifically regulate cyberporn, the system of formulating criminal sanctions that is not appropriate, the regulation and rules of criminal punishment are not regulated, and there is no harmonization of the substance of criminal acts and criminal formulation policies, both at national, regional and international levels.
Domestic Violence Law and Maqāṣid al-Syarī’ah in Protecting Families from Psychological Violence
This study aims to reconstruct protection against psychological violence under Article 7 of the Domestic Violence Eradication Law through the perspective of Maqāṣid al-Syarī‘ah to strengthen legal certainty and improve victim protection. The study is motivated by the vague indicators of psychological violence, which weaken evidentiary standards and create inconsistent law enforcement. This research employs normative legal research using statutory and conceptual approaches analyzed descriptively and analytically. The findings show that psychological violence produces multidimensional impacts on the objectives of Maqāṣid al-Syarī‘ah. At the level of ḍarūriyyāt, it harms life through mental disorders, weakens intellect through cognitive distortion, disrupts religion through spiritual crises, damages lineage through psychological trauma, and reduces economic stability. At the level of ḥājiyyāt, it causes emotional distress and impairs social functioning, while at the level of taḥsīniyyāt, it degrades ethics, morality, and family relationships. Conversely, stronger psychological protection supports mental stability, religious observance, intellectual functioning, generational resilience, economic productivity, and harmonious family relations. This study confirms that the integration of Article 7 of the Domestic Violence Law with Maqāṣid al-Syarī‘ah strengthens psychological protection through preventive, repressive, and restorative approaches oriented toward public welfare and the protection of human dignity. The novelty of this research lies in integrating positive legal norms with Maqāṣid al-Syarī‘ah to formulate a comprehensive psychological protection model.
Copyright (c) 2026 Iffaty Nasyi’ah, Muhammad Nasrulloh, Zummy Humairoh, Fakhruddin Fakhruddin, Rafeah Saidon (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Defaults in Credit Agreements: How Are They Settled?
This study aims to determine whether the debtor has carried out his achievements as they should and knows the legal consequences for the debtor when trying to carry out his achievements more than the specified due date. This research is a normative or doctrinal research that is descriptive in nature using secondary data types. In this research, the data collection technique used is the study of literature. The results showed that Sujono, as the debtor and PT BPR Mranggen Mitra Persada as the creditor had carried out the credit agreement. By fulfilling the legal conditions of the agreement as stipulated in Article 1320 of the Civil Code, both subjective and objective terms, the agreement credit between PT BPR Mranggen Mitra Persada as the creditor and Sujono as the debtor is a legal agreement, but in credit repayments Sujono has an arrears of credit repayments calculated from the principal debt, interest, and costs incurred due to arrears. Since PT BPR Mranggen Mitra Persada filed a lawsuit with the Blora District Court, Sujono as a defendant had no good intention to attend the trial. The Panel of Judges decided to drop the verdict without the presence of the defendant called verstek. From this decision the defendant or Sujono fought against verstek or what was called the verzet. With respect to the verzet submitted by Sujono, the judge considered that the resistance was rejected by the Panel of Judges based on the consideration that Sujono had wrongly determined his legal subject and incorrectly determined the arguments of the resistance proposed by Sujono against PT BPR Mranggen Mitra Persada. Based on the decision of the Panel of Judges, Sujono is still considered to have defaulted and must fulfil his achievements.
Copyright (c) 2020 https://creativecommons.org/licenses/by-nc-sa/4.0
The Idea of Customary Law Community Representation in the Regional Representative Council
The Customary Law Community (Masyarakat Hukum Adat, MHA) as part of the Customary Law System is recognized for its existence and its implementation in the National Land Law (Hukum Tanah Nasional, HTN). In the Explanation of the Basic Agrarian Law (UUPA) it is stated that the function of Customary Law as the main source in the development of HTN, although such recognition is accompanied by conditions as long as in reality they still exist and in accordance with national and state interests. This paper analyses and examines the problems of MHA in the concept of regional representative council. The problem on this paper come up from various problems concerning to ulayat land and its conflict between indigenous people and government. The research emphasized that the main problem is the inequality of perception between the Executive, Judiciary and Legislative institutions in the consistency of compensation payments resulting in the re-claim of Tanah Ulayat (Adat), there is no basis for a multi-dimensional approach (anthropology, sociology and others besides the juridical approach). This means that the formal juridical approach alone does not achieve effective results. The question is whether the constitutional MHA can have representation in the Regional Representative Council (DPD) and what forms of democracy are appropriate and can channel the aspirations of the MHA.
Clinic is a health service facility that organizes individual health services that provide basic and/or specialist medical services. Primary Clinic (Klinik Pratama) is a Clinic that organizes basic medical services both general and specific. To establish a Klinik Pratama so that it can operate through a series of licensing processes namely Nuisance/Hinder Ordonnantie Permit (HO), Establishment Permit Clinic (IMK) and Clinical Operating Permit (IOK). The results of this process are overlapping or repetitive requirements, making the process ineffective and inefficient. This research is intended to analyze the dispute on health facility licensing in Padang City, West Sumatra. This paper analyzes overlapping of clinical licensing. The main problems that analyzed in this paper concerning to analyze and review clinical licensing, analyze licensing regulations at the Padang City level as a basis for recommendations on simplification, deletion and merging of licenses by the Padang City Government.
Electronic Traffic Law Enforcement: Is it Able to Reduce Traffic Violations?
The practice of law enforcement on traffic violations committed by law enforcement officers is currently not enough to satisfy the expectations of the community. Problems often occur in current law enforcement practices, including vulnerability to corruption and convoluted bureaucracy in dealing with the process of law enforcement, especially for traffic violations. The practice of law enforcement itself cannot only be shackled in the current legal rigidity, in this condition a legal breakthrough or legal progression is needed, so that our law can adjust to the times and demands of society. The E-TLE (Electronic Traffic Law Enforcement) system created by the Semarang Traffic Police Unit is a breakthrough in law in law enforcement practices that are applied to traffic violations in the City of Semarang in order to bring a fast, precise, clean and transparent law enforcement system. In this context, progressive legal theory is used to create a breakthrough in progressive law enforcement in the E-TLE Satlantas Polrestabes Semarang system against traffic violations in the city of Semarang.
How Far is Consumer Protection in the Health Care Sector?
In health services, it is not uncommon to cause malpractice due to negligence committed by health workers who are not in accordance with professional standards. This paper is intended to analyse concerning to how to protect consumers, the form of legal protection for patients as consumers of medical services and the forms of responsibility of hospitals and doctors as parties to medical services according to Law No. 8 of 1999 concerning Consumer Protection and Law No. 36 of 2009 concerning Health. To answer the question used the normative legal research method, the approach used in legal research is the statute approach­­), and case approach. In the Decision of Central Jakarta District Court No. 287/PDT.G/BTH/2011/PN.JKT.PST) there are 5 (five) rights of consumers who have been neglected by business actors according to Law Number 8 of 1999 concerning Consumer Protection, namely Article 4 points (a), (c), (d), (e), (g), and (h), and according to the Law Number 36 of 2009 concerning Health of consumer rights that are violated is in Articles 5-8, Articles 56-58. Regarding the responsibility given by business actors (RSCM) to consumers (Nina Dwijayanti) in the form of money amounting to Rp 1,776,010,000.00 (one billion seven hundred seventy-six million ten thousand rupiah), in Article 19 paragraph (2) the Consumer Law only recognizes just material compensation but according to Article 46 of Law No.44 of 2009 concerning this compensation house is appropriate.
Regional Revenue and Expenditures Budget Transparency in the Context of Regional Financial Law
This research aims to describe the transparency of the use of the Semarang City Regional Revenue and Expenditure Budget and discover the forms, mechanisms and constraints in obtaining transparency of information on the use of the Semarang City Revenue and Expenditure Budget, this research uses a sociological juridical research type approach method, by using primary data and secondary data which are then analyzed using qualitative data analysis.The results of the study can be seen that the transparency of the use of the Semarang City Regional Revenue and Expenditure Budget already has internal regulations in the form of Mayor Regulation number 26 of 2012 and forms and mechanisms in accordance with Law number 14 of 2008 although internal and external obstacles are still found that result implementation is less than optimal so that it inhibits the realization of good governance (good governance). The conclusions from the results of the study show that the transparency of the use of the Semarang City Regional Revenue and Expenditure Budget is in accordance with Law number 14 of 2008 and already has forms and internal mechanisms, although in the implementation phase there are still obstacles both internally and externally.
Copyright (c) 2026 https://creativecommons.org/licenses/by-nc-sa/4.0
Policy on Reducing Child Labor as the Elimination of the Worst Forms of Child Labor
The more complex issue of child labor now a days because many children work at school age. Child labor vulnerable to be exploitated, doing hazardous work, mor a land psychological, and hampered to access education. So the government issued a policy Reduction of Child Labour in order to Support the Family Hope Program (PPA-PKH) as efforts to Elimination of the Worst Forms of Child (PBPTA) in order for the child can be returned in the educational unit, Pemalang is one of the districts that run the program PPA -PKH. Problems examined: (1) Implementation of PPA-PKH asefforts of PBPTA in Pemalang (2) Obstacles and over coming obstacles in the implementation of PPA-PKH policiesas PBPTA efforts in Pemalang. This study using sociological juridical approach. Results of the study (1) Implementation of policies PPA-PKH in Pemalang has been run in accordance with the purpose, with the establishment of shelters through three stages: pre shelter, the implementation in the shelter, and after the implementation form shelter and get a recommendation schools (2) Efforts to overcome the obstacles in the implementation of PPA -PKH policies in Pemalang which includes the beneficiaries of data was only 10% valid so that need to perform additional data. Inability of companionon the shelter so tha this attemptstomake psycologis approachand change the way of learning. Lack of coordination between relevant government service to coordinate their efforts and commitment among relevant government service and proposing a scholarship program for the children of beneficiaries. The advice given by the researchers that the data of beneficiaries must be renewed every year, provide socialiszation that bring about beneficiary families about the importance of education impact economic development of families, increased coordination between relevant government service, there is certainly that the child gets a scholarship or BSM for education.
Politics of Law for the Protection of Debtors as Consumers in Fintech based Loaning Services
This study aims to analyze legal protection related to technology-based lending and borrowing services. The research method used is normative legal research, with a statutory approach, namely an approach using legislation and regulations, and a conceptual approach that refers to existing legal doctrines. The data collection technique used was a literature study. The results show that legal protection for debtors as consumers has not been realized because the consumer dispute resolution mechanism for non-PUJK activities has not been regulated, there is no regulation regarding the interest rate ceiling and mechanisms related to the collection process, and because of the lack of strict sanctions against online loan administrators who commit violations.
How Law Responds to Technological Development?
Law and technological development must go hand in hand. The speed of technological development must be balanced with a fast legal response. Laws that are not quick in responding to technological developments can certainly result in weak regulations and even a legal vacuum in the technology development sector. The technology industry in the fields of financial technology (fintech), online transportation services, and digital health services continues to develop. Without strong regulation, these sectors will have a weak legal basis. The impact faced can be in the form of misappropriation by irresponsible individuals and causing harm to the wider community. Given that sectors such as fintech, online transportation services, and digital health services are related to the interests of the wider community. The state must exist by making laws or regulations that can respond quickly to technological developments. Indonesia as a rule of law must make all aspects run according to the law, including technological developments that produce products. This paper examines the extent to which the speed of law in Indonesia in responding to technological developments.
Death Penalty for Corruptors in Indonesian Human Rights Perspective
The death penalty for corruptors, gaining a place in Indonesia's positive criminal law. As a country that makes Pancasila an ideology, it is interesting to be reviewed in this paper on the existence of the death penalty for the corruptor from a human rights perspective in Indonesia. Therefore, the author raised two issues, namely the first, how is the death penalty for corruptors in Indonesia's positive law? second, what about the death penalty for such corruptors if reviewed from a Human Rights perspective in Indonesia? To answer this, the authors chose legal research with a normative approach as part of its research methods. Based on the study obtained that the death penalty for corruptors does not conflict with Indonesian human rights values, because it is seen as the most serious crime. Even the formulation of the death penalty is currently seen as in line with the direction and ideals of reforming Indonesia's criminal law, which is increasingly humanist and puts forward the purpose of justice and benefit.
Covid-19 and Human Rights: The Capture of the Fulfilment of Rights During the Covid Outbreaks
Fulfilment and protection of human rights in all aspects is a form of Constitutional Rights for Citizens that must be fulfilled by the State. Basic human rights also under no circumstances can be reduced even deprived. However, the fact is, human rights regulated in various laws and regulations in Indonesia have not been maximally implemented. The fulfilment and protection of human rights also faces its own challenges in implementing it in certain cases, for example disasters such as Pandemic Covid-19. Various legal instruments, both central and regional, were created to deal with and resolve the Covid-19 Pandemic problem. This study aims to examine the implementation of the fulfilment and protection of human rights in special situations such as Covid-19 Pandemic. This research is limited to the Semarang City area. This study wanted to find out and analyze various aspects of law and human rights in the implementation of various policies related to Covid-19 in the City of Semarang. This study seeks to find challenges and problems in the protection and fulfilment of human rights in the city of Semarang in the Covid-19 Pandemic. The method in this study uses empirical research, where researchers directly go to the field. The planned data was obtained from various related agencies in the city of Semarang, the community, and related NGOs. This research will assist the government in mapping human rights fulfilment policies in national disaster situations in this case the Covid-19 Pandemic.
Talent Pool on The Appointment of Directors of PLN (Persero) Viewed from Good Corporate Governance
Talent Pool on the appointment of BUMN Directors that has been implemented at this time still leaves problems. This research aims to know how the application of the Talent Pool on the appointment of Directors of PLN (Persero) viewed from Good Corporate Governance and the implications for compliance and performance aspects. The research method used in this study is a normative juridical approach which is done analytically descriptive. The results showed there were still mismatches in the application of the Talent Pool on the appointment of the Directors of PLN (Persero) to several GCG principles that are transparency principle related to the need for an information system to appoint Directors of BUMN which is transparent and accountable, accountability principle is relating to the need for the development of a performance appraisal system for Directors, BoC and Shareholders and the accountability arrangements for professional institutions or teams formed by the Minister of BUMN in conducting due diligence and propriety tests for candidates for the BoD and independence principle is relating to the process of appointing BUMN Directors which must be done in stages by involving the final assessment by Tim Penilai Akhir. The implications of the application of the Talent Pool that applies GCG principles have a significant impact on compliance and performance aspects, this is evidenced by increased compliance with applicable laws and regulations through prevention of acts against the law and increased performance through company profitability.
Legal Reform for the Fulfilment of Disabilities Human Rights
The legal reform requires the fulfilment of disabilities human right is very important as a basis for strengthening the footing, so as to be able to respect, protect and fulfill the human rights of persons with disabilities without discrimination by upholding human value and dignity based on the Pancasila and the 1945 Constitution of the Republic Indonesia. The purpose of this study is to analyze the urgency of reforming human rights law of persons with disabilities and to analyze the model of legal reform to realize the fulfillment of human rights of persons with disabilities. This research method uses a type of normative juridical research by studying the legal literature. The results showed that the urgency of reforming human rights law for persons with disabilities in terms of philosophical, sociological and juridical aspects. The model of legal reform has embodied the fulfillment of the human rights of persons with disabilities in the harmonization of policies consisting of several aspects of regulatory structuring, aspects of institutional structuring and aspects of legal culture development. So legal reform is able to manifest the human rights of persons with disabilities, in this case as a form of crystallization of noble values and human dignity that are more just, progressive, democratic, prosperous and non-discriminatory.
Electoral Regulation in Indonesia: Is It Modern Law?
This research tries to discuss modern law and its character which is elaborated through a review of Law No. 7 of 2017 on Elections. Through conceptual and statutory approaches, this research tries to examine the concept of modern law based on the benchmarks of ideas put forward by Max Webber, Marc Galenter and Charles Sampford.. The results of this study show that it is quite difficult to categorize the law in Indonesia as a modern law. Nevertheless, this research successfully shows that one of indonesia's legal products, Namely Law No. 7 of 2017 on Elections, has fulfilled elements of modern law. This research is expected to help academics and legal practitioners to be able to dig deeper into the concept of modern law so that it can be applied in law in Indonesia with some adaptation and adjustment.