Ekasakti Journal of Law and Justice is an peer-reviewed journal. This journal is managed by the Master of Law Program, Universitas Ekasakti. The purpose of Ekasakti Journal of Law and Justice is as a medium of communication, information and legal science development. This journal contains studies in the field of law which are the results of research in the field of law directed to promote the values of Pancasila and democracy to build a sense of nationalism. Therefore, the Master of Law Program Universitas Ekasakti initiated to establish a journal that specifically develops the current issue of law. Starting from 2023 onward, Ekasakti Journal of Law and Justice requires English as its main language and therefore only accepts journal articles written in English. ISSN: 2987-7954 (Print) ISSN: 2987-436X (Online) Accredited: Sinta 4 Distribution : Open Access Frequency: Published in June and December. Ekasakti Journal of Law and Justice from Volume 1 Number 1 of 2023 to Volume 5 Number 2 of 2027 Accredited Sinta 4 according to Accreditation number: 156/C/C3/KPT/2026, April 7rd, 2026.
Master of Law Program, Ekasakti University
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Criminal Liability for Doxing Perpetrators as a Form of CrimeCyber ​​Crime: A Study of Criminal Law in Indonesia
Cybercrime is a crime or illegal activity committed through electronic networks, particularly the internet, with cross-border characteristics and is difficult to trace. The rapid development of information technology has led to an increase in the complexity and quantity of cybercrimes, one of which is doxing, namely the act of spreading someone's personal data without permission through digital media that can cause material and immaterial losses to the victim. In the context of Indonesian law, doxing can be qualified as a crime based on laws and regulations governing information and electronic transactions and personal data protection. Law enforcement against perpetrators is carried out through the imposition of criminal sanctions in the form of imprisonment and/or fines as a form of accountability for the actions committed. This study aims to analyze the effectiveness of implementing criminal sanctions against doxing perpetrators in order to reduce the number of cybercrimes and prevent the repetition of criminal acts (recidivism). The research method used is normative juridical with a legislative and conceptual approach. The research results show that even though regulations are in place, the effectiveness of law enforcement still faces various obstacles, such as limited law enforcement capabilities, lack of public awareness, and faster technological developments than regulations. Therefore, it is necessary to optimize law enforcement, increase digital literacy, and update adaptive regulations to address doxing crimes more effectively.
Copyright (c) 2025 Anfathurrahman M. Thohari , Faisal Abdaud, Huzaiman (Author) https://creativecommons.org/licenses/by/4.0
Ethical Imperatives and Legal Frameworks in Standard Precautions Compliance: A Comprehensive Health Law Perspective from Indonesia
Standard precautions (SPs) are foundational to infection prevention and control, protecting both healthcare workers and patients from healthcare-associated infections (HAIs) and occupational exposures. Beyond clinical necessity, SP adherence represents a moral obligation grounded in the bioethical principles of autonomy, beneficence, non-maleficence, and justice. Furthermore, it is a strict legal mandate under national and international health laws. In low- and middle-income countries, compliance remains inconsistent due to structural, resource-related, and cultural barriers. This article analyzes SP compliance among nurses at a tertiary hospital in Palembang, Indonesia, through the comprehensive lens of medical law, occupational safety regulations, and bioethics. A normative legal and ethical analysis reveals breaches in all four bioethical principles, especially justice, due to inequitable personal protective equipment (PPE) allocation. This article argues that inadequate SP implementation exposes healthcare institutions to significant legal liability, including claims of medical negligence and violations of occupational health rights under Indonesia's Health Omnibus Law (Law No. 17 of 2023). By integrating comparative legal frameworks and analyzing potential tort liabilities, this article demonstrates that hospitals must embed ethical reasoning into infection control policy, ensure equitable resource distribution, and provide regular ethics-informed training to fulfill their legal duty of care and foster a culture of safety.
Copyright (c) 2025 Noer Triyanto Rusli (Author) https://creativecommons.org/licenses/by/4.0
Integrating the Correctional System into Criminal Procedural Law : An Analytical Study on the Urgency of Legal Reform
Corrections is a sub-system within the Indonesian criminal justice system, playing a key role in the treatment of Detainees, Children, and Inmates throughout all stages of the judicial process. However, the correctional functions as regulated under the Corrections Law have not yet been systematically integrated into the Criminal Procedure Code, which serves as the primary legal framework for criminal procedural law. This lack of integration potentially positions corrections as an institution external to the criminal justice system. This study aims to examine the current position of the correctional system within Indonesia’s criminal procedure law, assess the urgency of reforming the Criminal Procedure Code to accommodate the correctional system, and formulate an ideal integration model that aligns correctional functions within the broader criminal justice framework. This research employs a normative juridical method using statutory and conceptual approaches, and analyses them through descriptive qualitative techniques. The statutory approach focuses on an analysis of the Corrections Law, the Criminal Procedure Code, and the Draft of Criminal Procedure Code, while the conceptual approach applies legal concepts such as the correctional system and the criminal justice system. The results of this study highlight the importance of substantive reform in criminal procedural law to reflect integration and synchronisation of correctional roles in supporting the objectives of the criminal justice system. In the reform of the Criminal Procedure Code, it is necessary to regulate the position and function of corrections at the pre-adjudication, adjudication, and post-adjudication stages, particularly regarding the implementation of new types of punishment introduced in the new Criminal Code.
Copyright (c) 2025 Riki Afrizal, Tenofrimer, Diana Arma (Author) https://creativecommons.org/licenses/by/4.0
Legal Responsibilities For The Insured Resulting From Delay In Insurance Broker Premium Deposit To The Insurer In The Insurance Agreement
The provisions for premium payments from insurance brokers to insurers are regulated in applicable laws and regulations. The provisions for insurance brokers to pay premiums to insurers are regulated by Financial Services Authority Regulation Number 70 of 2016 concerning the Implementation of Insurance Brokerage Companies, Reinsurance Brokerage Companies, and Insurance Loss Assessment Companies. The role of Insurance Brokers is quite important for the insured to be able to assist in paying premiums to insurers based on the regulated provisions. This is because insurance premiums in an insurance company are a company necessity in increasing company profits and can cover claims filed by the insured. However, there are problems in the field where late premium payments occur which are not the fault of the insured but rather the fault of the insurance broker who is late and will cause losses to the insured. In this case, the insured has legal remedies so that they can be given a good solution. This research is a legal research with a statute approach and an analytical approach. The results of this study explain that first, the legal efforts made by the insured regarding the dispute between the Insurance Broker and the Insurance Company (Insurer) are a result of the negligence of the insurance broker who did not pay the insured's policy premium. In fact, the insured considers that the Insurance Broker has carried out manipulative information actions as if there was no problem and finally the Policy was canceled unilaterally by the insurer. Second, the Insured did not clearly see the existing facts, especially the unilateral cancellation of the policy by the insurer that it is mandatory to be notified of the reasons for the cancellation. Thus, the insured's legal efforts through the criminal realm are only based on Article 31 paragraph (2) Jo. Article 75 of Law Number 40 of 2014 concerning Insurance. The recommendation is, it would be more appropriate for the appropriate legal efforts chosen by the Insured to be carried out through the Non-Litigation Path. Such as a special insurance dispute resolution forum through the Indonesian Insurance Arbitration Mediation Board (BMAI) which has been mandated through the Financial Services Authority Regulation Number. This aims to prove the alleged actions of the Insurance Broker who has been late in paying premiums due to his negligence to the Insurer. In this way, it will be more effective and independent in resolving civil disputes in the insurance industry.
Copyright (c) 2025 Tasman (Author) https://creativecommons.org/licenses/by/4.0
Police Efforts in Tackling Environmental Crimes Due to Illegal Gold Mining
Illegal gold mining in Manggani, Nagari Koto Tinggi, Fifty Cities Regency, causes serious environmental damage as well as a source of livelihood for the community, so that the countermeasures face ecological and socio-economic dilemmas. This study aims to analyze the role and obstacles of the 50 City Police Satintelkam in overcoming environmental crimes due to illegal gold mining through cross-police cooperation, especially with the Pasaman Police. This research is a legal research with descriptive-analytical specifications using a normative juridical approach supported by empirical data; Secondary data is obtained through literature studies, while primary data is collected through interviews, then analyzed qualitatively. The results of the study show that Satintelkam plays a strategic role in early detection, mapping of actors and networks of cross-regional miners, collecting and disseminating intelligence information, and mobilizing cross-agency cooperation for unlicensed mining control operations. Cross-police cooperation expands the scope of supervision and enables enforcement of illegal gold distribution channels and financiers outside the administrative area of the 50 City Police. However, the effectiveness of countermeasures is constrained by limited human resources and monitoring technology in protected forest areas, the support of some communities for mining as an economic source, indications of collusion between individuals and mining companies, and coordination between institutions that are not optimal. It is recommended to strengthen the capacity of police intelligence, increase sustainable multi-sector coordination, and legal education to the public to realize more effective and equitable enforcement of environmental laws.
Copyright (c) 2025 Marlonsius Simbolon, Fitriati, Bisma Putra Pratama (Author) https://creativecommons.org/licenses/by/4.0
Position and Role of the Secretariat of the Tanah Datar Regency DPRD in the Formation of Regional Regulations for the 2019-2024 Period
This study analyzes the position and role of the Secretariat of the Tanah Datar Regency DPRD in the formation of Regional Regulations (Perda) for the 2019–2024 period and identifies the obstacles faced in the implementation of these functions. The research is descriptive-analytical with a normative juridical approach supported by empirical data through a field study at the Secretariat of the Tanah Datar Regency DPRD, using secondary and primary data that are analyzed qualitatively. The results of the study show that the DPRD Secretariat has a tactical and vital position: technically it is under and responsible to the leadership of the DPRD, while administratively it is under and responsible to the regent through the regional secretary. In the formation of the Regional Regulation, the Secretariat of the DPRD carries out administrative and technical functions which include secretarial management, finance, meeting facilitation, preparation of academic manuscripts, provision of legal opinions, provision of experts, and the archiving and publication of regional legal products based on the attribution authority and mandate given by laws and regulations. The study also found four main obstacle groups, namely the limitation of competent human resources in the field of legislation, lack of technical support facilities and infrastructure, the absence of SOPs and standard legislation timelines, and coordination between institutions that are not optimal, which overall hinder the effectiveness of the functions of the DPRD Secretariat and the quality of regional legislation performance within the framework of regional autonomy.
Copyright (c) 2025 Ira Tri Dewi, Darmini Roza, Zennis Helen (Author) https://creativecommons.org/licenses/by/4.0
As a result of the legal issuance of the Financial Services Authority Regulation on the Obligation to Fulfill the Minimum Core Capital for the Existence of People's Economic Banks (Study on PT. People's Economic Bank Straightforward Dana Mandiri Padang)
Article 13 of the Financial Services Authority Regulation (POJK) Number 5/POJK/03/2015 concerning Minimum Core Capital Provisions for People's Credit Banks has required all People's Credit Banks to fulfill the minimum core capital of Rp. 6 billion until the deadline ending December 31, 2024. Based on the above provisions, Bank Perkreditan Rakyat which does not have a core capital of Rp. 6 billion must find funds, including by selling its personal assets, looking for new investors and also for shareholders to sell their Bank Perkreditan Rakyat to other parties. The approach of this research is normative juridical supported by empirical juridical juridical The data used in this study are secondary data and primary data in the form of interviews. Based on the results of the research, the discussion and analysis were concluded. First, the legal consequences of the issuance of financial services authority regulations regarding the obligation to fulfill the minimum core capital for the existence of the People's Economic Bank are subject to administrative sanctions in the form of: 1) it is stated that the health level of BPR has decreased; 2) it is forbidden to open an office network; 3) it is prohibited to carry out Foreign Exchange Business Activities and electronic banking device services; 4) subject to restrictions on the area of disbursement of funds to one district that is the same as the location of the BPR office; 5) subject to remuneration restrictions or other forms equivalent to it to members of the Board of Commissioners and/or the Board of Directors of BPR, or in return to related parties, 6) revocation of BPR's operational license. Second, the obstacles faced in the implementation of the Financial Services Authority Regulation on the obligation to fulfill the minimum core capital by the People's Economic Bank are divided into two, namely: legal and non-legal constraints. Legal obstacles are 1) limited BPR business activities, 2) merger efforts (consolidation) can eliminate the historical traces of BPR Lugas Dana Mandiri, 3) takeover efforts have the potential to cause the relocation of BPR business locations, and non-legal obstacles, namely; 1) the financial ability of BPR shareholders, 2) the existence of sectoral egos in BPR merger efforts.
Financial Services Authority Regulations
Copyright (c) 2025 Arisman Susanto, Susi Delmiati, Laurensius Arliman (Author) https://creativecommons.org/licenses/by/4.0
The Role of Mediators In Resolution of Inheritance Disputes As Reviewed From Supreme Court Regulation Number 3 of 2022 Concerning Mediation Procedures In Court
An inheritance dispute is a dispute that arises between heirs egarding the inheritance left by someone who has died. This conflict is often triggered by disagreements regarding the division of assets, the validity of a will, or determining who is entitled to be an heir. This dispute has a high sensitivity because it involves emotional relationships and close family ties. In the context of its resolution, mediation is a very relevant instrument for inheritance disputes because it can maintain good relations between families. The mediation process provides a constructive dialogue space for heirs to express their respective interests openly. Thus, you can find a fair and mutually acceptable solution without having to go through a lengthy court process. This research is a normative legal research (doctrinal research) with a statutory approach, a conceptual approach, and a case approach. According to Prof. Peter Mahmud Marzuki, normative legal research is a process to find a legal rule, legal principles, and legal doctrines to answer the legal issues faced. The results of this study explain that first,Based on Supreme Court Regulation Number 3 of 2022, the role of a mediator in inheritance disputes is extensive. A mediator acts as a neutral facilitator who not only bridges communication but also explores the root causes and hidden interests. Second, the implementation of this role is based on fundamental principles such as neutrality, confidentiality, and voluntary decision-making. Mediators professionally create a conducive environment for fair and equal negotiations. Third, Overall, Supreme Court Regulation 3/2022 emphasizes that mediation is an effective and humane path to resolving inheritance disputes. The mediator's role is key to transforming destructive conflict into an opportunity to improve family relationships. Therefore, utilizing this mediation mechanism is a wise choice for those seeking a fair, swift solution that maintains the integrity of family ties.
Copyright (c) 2025 Ulfanora (Author) https://creativecommons.org/licenses/by/4.0
The Role of Arbitration Institutions In Resolution of Investment Disputes In Indonesia (Case Study on PT Ferrostaal AG Against PT. Nusantara III regarding Violation of Joint Venture Agreement)
Arbitration comes from the word "arbitrare" which means "the power to resolve a case according to policy. From the definition of arbitration, it is a policy indicating that there is a forum for resolving business disputes for parties who are wiser in finding a fair solution. H. M. N Poerwosutjipto uses the term arbitration which can be interpreted as a peace court, where the parties agree that disputes regarding personal rights that they can fully control are examined and tried by an impartial judge and the decision is binding on both parties. On the other hand, the speed and effectiveness of dispute resolution through arbitration can also be done simply and informally, meaning it can only be determined by the parties to the dispute. The role of arbitration in carrying out legal functions and ensuring justice is seen in its authority, such as its ability to make decisions and encourage peace. The effectiveness of making decisions in dispute resolution through arbitration has been tested and is able to provide a meeting point to reach an agreement without having to sacrifice one of the parties to the dispute. Optimizing the success of dispute resolution through arbitration requires the parties to have a sense of good faith. The results of this study explain that, first, the role of arbitration in business investment disputes can be carried out in the realm of losses from one party in civil law in terms of lost profits and return those profits through the imposition of penalties to pay losses from the respondent itself. Second, the effectiveness of dispute resolution through arbitration forums is able to prove legal facts quickly and accurately so that PTPN III as a local Indonesian company is not proven guilty. In this regard, the arbitration forum is independent and cannot be intervened by any other party except the disputing parties. The author recommends the need for other legal guarantees. Therefore, in relation to this matter, legal, political, and security guarantees must be provided to the maximum by the Indonesian government because these guarantees are what the Indonesian government should offer if there is a desire to attract as many investors as possible.
Copyright (c) 2025 Nanda Utama (Author) https://creativecommons.org/licenses/by/4.0
Allegations Of A Cartel In Online Loan Service In The Enforcement of Business Competition Law
The regulation of online loan interest rate determination in Indonesia is regulated in the Guidelines for the responsible provision of information technology-based money lending services issued by the Indonesian Joint Funding Fintech Association (AFPI) and the association has the authority based on statutory regulations to determine loan interest rates and other fees for business actors engaged in the online loan service sector. A cartel occurs when several business actors agree to regulate: interest rates, minimum/maximum loan limits, division of marketing areas or control of prospective debtor data. The Business Competition Supervisory Commission stated that AFPI and its members were involved in an alleged online loan interest rate cartel and an investigation has been conducted into the allegation. The investigation has found that there is an agreement to determine online loan interest rates carried out by AFPI and its members and the KPPU has also found 44 reported parties in this case and found evidence to strengthen the allegation including statements from the reported parties, witnesses or experts who have relevance to this case and other evidence. Synergy between institutions and the application of digital monitoring technology are the main keys to preventing the formation of cartels in the online loan sector.
Copyright (c) 2025 Zulkifli, Wetria Fauzi (Author) https://creativecommons.org/licenses/by/4.0
The Effectiveness of the Performance of the Directorate of Vital Object Security of the West Sumatra Regional Police on the Security Level of the Padang-Sicincin Toll Road Construction
This research is a legal research with descriptive analytical specifications. The performance of the Directorate of Vital Object Security of the West Sumatra Regional Police in securing the construction of the Padang-Sicincin toll road is to maintain the safety of vital objects around the toll road and ensure the safety of workers and construction facilities so that the construction process is not disrupted. Conducting regular escorts at several conflict-prone points, especially in areas that reject toll road traffic. Crime prevention in the project area. Obstacles in the Performance of the Directorate of Vital Object Security of the West Sumatra Regional Police in securing the construction of the Padang-Sicincin toll road include limited personnel with special competencies to handle complex disturbances, lack of supporting facilities, such as modern communication equipment and patrol vehicles. Lack of coordination between the police and related institutions. Unclear procedures in handling conflicts. The effectiveness of the performance of the Directorate of Vital Object Security of the West Sumatra Regional Police on the level of security of the construction of the Padang-Sicincin Toll Road has been effective as seen from the success of placing personnel to carry out routine patrols and supervision throughout the project. Success anticipates social conflicts, crime, and environmental protests. Successful physical security, solid coordination.
Copyright (c) 2025 Yossa Indra Kurnia, Otong Rosadi (Author) https://creativecommons.org/licenses/by/4.0
Judge's Consideration of Evidence in the Crime of Illegal Access
The approach used is the Normative Juridical approach. The data used is secondary data collected through literature studies. The proof by the judge of the crime of illegal access in Decision Number 62/Pid.Sus/2020/PN Pti and Decision Number 10/Pid.Sus/2021/PN Pli is by means of evidence and corroborated by the judge's conviction through a criminal justice process. To determine that a criminal act has occurred, law enforcement officials must prove that the suspect has met the criminal elements suspected or charged. The evidence used is electronic documents and electronic information. The electronic documents in decision number 62/Pid.Sus/2020/PN Pti are print out data systems in the form of IMEI and MAC Address, printout transaction data and transaction data by the Shoppe seller account (seller) while in decision number 10/Pid.Sus/2021/PN Pli is 1 (one) bundle of printed credit delivery transaction reports through the Digipos application and 1 (one) sheet of screenshot prints of the DigiPos account. Application of Criminal Procedure by Judge where the defendant has been legally and convincingly proven guilty of committing a criminal act "Participating in deliberately and without the right to access the Electronic System belonging to another person in any way." Regarding the Crime of Illegal Access In Decision Number 62/Pid.Sus/2020/PN Pti, the judge sentenced the defendants to imprisonment for 9 (Nine) months each and a fine of Rp.100,000,000,000 (one hundred million rupiah) each with the provision that if the fine is not paid, it will be replaced with imprisonment for 3 (three) months each and Decision Number 10/Pid.Sus/2021/PN Pli judge impose a penalty on the Defendant therefore with a prison sentence of 2 (two) years and 6 (six) months and a fine of Rp300,000,000.00 (three hundred million Rupiah) with the provision that if the fine is not paid, it will be replaced with imprisonment for 6 (six) months.
Copyright (c) 2025 Firdaus, Bisma Putra Pratama (Author) https://creativecommons.org/licenses/by/4.0
Prevention of Criminal Acts of Forgery of Motor Vehicle Owners' Books through Blocking the Electronic Registration Identification (ERI) System
This research is a legal research with descriptive analytical specifications. The blocking action by the West Sumatra Regional Police Directorate as an effort to prevent the misuse of the motor vehicle owner's book is a proactive step in efforts to prevent the misuse of BPKB, especially in the context of violations of the law such as fraud, document forgery, and other criminal acts. The process of blocking action is that the vehicle owner, the police, the leasing institution, or an interested third party (such as a legal institution or court) can apply for a blocking. After receiving the application, the Directorate will verify the completeness and validity of the documents submitted. The block will be recorded in the system. A block can be removed if the legal or administrative issues that led to the block have been resolved. This blocking makes a significant contribution to narrowing the space for criminals who try to use fake BPKB for various illegal acts. Obstacles in preventing the misuse of motor vehicle owners' books with blocking by the West Sumatra Regional Police Directorate are the lack of public knowledge related to the importance of extending vehicle documents, lack of coordination between financing institutions (leasing) and the West Sumatra Regional Police Directorate in reporting vehicle data that must be carried out in the blocking process. This slows down the handling of cases and the removal of blocks for vehicles that have resolved legal or administrative problems. The implementation of the validity of BPKB and the blocking of BPKB must be through the Regident ranmor application system. This happened because the West Sumatra Regional Police Directorate received many cases related to fake BPKB and the leasing party also did not submit a confirmation and block of BPKB at the West Sumatra Regional Police Directorate.
Copyright (c) 2025 Oki Saputra Syamer, Susi Delmiati (Author) https://creativecommons.org/licenses/by/4.0
Strengthening the Role of Community Guidance in Supporting the Effectiveness of Alternative Sentencesin the National Criminal Code (An Analysis of Supervision and Community Service Sentences)
The National Criminal Code brought a paradigm shift in the criminal justice system in Indonesia, especially through two new types of basic punishments, namely supervision sentence and community service sentences. This form of punishment is an effort to reform criminal law that is oriented towards the rehabilitation and social reintegration of criminals, as an alternative to imprisonment which has so far dominated the criminal justice system. In its implementation, the function of community guidance is crucial to ensure the effectiveness of the punishment. The research method used in the discussion and analysis of the problem is normative juridical with a statutory approach and legal concepts. Community guidance plays a role in conducting community research, providing recommendations to prosecutors, and guiding convicts during the supervision or community service sentences period. However, strengthening regulations and institutions for the implementation of this function is still an urgent need because there are no implementing regulations that specifically regulate this matter. Therefore, this study emphasizes the importance of restructuring the role of community guidance in supporting the implementation of supervision and community service sentences so that the goals of correctional and criminal punishment can be achieved optimally.
Protection ff Human Rights Based on The International Covenant on Economic, Social and Cultural Rights
Human Rights which are naturally given by Allah since the birth of every human being into the world, as a right that cannot be changed and revoked by any power. The implementation of human rights must be in accordance with the applicable legal rules within the scope of the international community and the national community in a country. Various applicable international legal rules related to human rights that initiated by the United Nations are already owned by the international community, starting from the establishment of the Universal Declaration on Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. Economic, social and cultural rights include the right to work, the right to earn wages and the right to participate in trade unions, social related human rights, for example the right to social security, the right to housing and the right to education and cultural rights are rights related to the culture owned by a society or traditional culture.
Copyright (c) 2025 Magdariza (Author) https://creativecommons.org/licenses/by/4.0
Delegation of Authority From The General Court to the Shariah Court in Nanggroe Aceh Darussalam Province
Law enforcement carried out by the Aceh Syar'iyah Court cannot be separated from the bureaucracy which is one of the vehicles in the implementation of judicial power. Bureaucracy is a determining factor in the success of the entire program agenda including in the framework of realizing a clean and free judicial apparatus from KKN so that the bureaucrats in the Aceh Syar'iyah Court can realize good governance (good governance). The Aceh Syar'iyah Court in carrying out all activities related to the interests of the Appellate Court, both administrative, financial and organizational in nature, is obliged to be accountable for the implementation of its duties, functions and roles in the management of resources, and sources of funds and authorities entrusted to the public referring to the Decree of the Secretary of the Supreme Court of the Republic of Indonesia Number: MA / SEK / 07 / SK / III / 2006 concerning the Organization and Work Procedures of the Secretariat of the Supreme Court of the Republic of Indonesia, the Supreme Court of the Republic of Indonesia as one of the state / government institutions in accordance with the Decree of the People's Consultative Assembly Number: XI / MPR / 1998 concerning the Implementation of a Clean and Corruption-Free State, Collusion and Nepotism and Presidential Instruction Number: 7 of 1999 concerning Accountability of Government Agency Performance. The legal research method is a systematic way of conducting research. Normative legal research uses normative case studies in the form of legal behavior products, for example reviewing laws. The results of this study explain that first, the Syar'iyah Court only carry out its functions within the scope of the authority of the Religious Court in the field of marriage, inheritance, will, grant, waqaf, zakat, infaq, sadaqah and sharia economy, whereas criminal matters are only limited to matters alcohol(liquor), solitude (pervert),gambling(gambling). Second, the authority of the Sharia Court is no longer limited to certain civil matters, but also covers the fields of mu'amalah and jinayah. However, in fact, the laws and regulations concerning the duties of the Sharia Court are still incomplete and this This is one of the problems faced. While Law Number 48 of 2009 no longer explains about the Syar'iyah Court until the position and the authority of the Sharia Court in Aceh becomes unclear
Copyright (c) 2025 Alsyam, Yandriza, Zulkifli (Author) https://creativecommons.org/licenses/by/4.0
Challenges of Legal Consultants in Handling Law in The Capital Markets Sector
The financial sector in the capital market has become a favorite for investors to be able to invest in Indonesia. Capital market activities are the main spearhead in improving the welfare of the people in Indonesia, of course it cannot be separated from the main actors, especially legal consultants regarding regulations that can protect the interests of foreign and local investors. The role of this profession is very important in carrying out capital market mechanisms because this profession will determine and/or help the smooth running of capital market activities in Indonesia. The smooth running of capital market activities does not only depend on regulators, but investors who invest actually need a legal profession, namely legal consultants, to ask for legal considerations before making decisions. However, looking at increasingly complex legal events, there are certainly challenges for capital markets legal consultants to handle them. This research is legal research with a statutory approach, analytical approach and conceptual approach. The results of this research explain firstly, the role of legal consultants in the capital market directs investors to avoid or minimize legal losses in the future. The role of legal consultants is also to remind investors to carry out due diligence on shares to be purchased or executed. Legal consultants or those included in the definition of capital market supporting professions have the role of providing opinions or information (legal opinion). Second, the main basis of legal consultants in the capital markets is to provide legal opinions for investors as a form of legal consideration. However, legal consultants who carry out legal handling in the capital market must not only really understand the ins and outs of the capital market and the legal aspects of the capital market, but must also be able to carry out their duties honestly and have high credibility. Third, the challenge for legal consultants in the capital market is to maintain integrity and protect the interests of clients from parties who will harm the client in order to gain unilateral profits. It is indeed quite vulnerable to handling by capital market legal consultants because insider trading often occurs so that small investors often experience losses in both material and non-material aspects. Therefore, there is a need for the government to form legal consultants for the Capital Market with statutory legal products. In this regard, the author assesses that the legal consultant profession in the capital market requires special regulations regarding a code of ethics in order to maintain integrity in carrying out its duties as a provider of legal opinions for investors as well as its clients.
Legal Protection of Women as Victims of Sexual Harassment Through Electronic Media in Indonesia's Positive Law
Sexual harassment through electronic media is one of the human rights violations. The crime of sexual harassment through electronic media is regulated in existing laws and regulations in Indonesia, such as Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, Law Number 44 of 2008 concerning Pornography, and Law Number 12 of 2022 concerning the Crime of Sexual Violence. The approach used is Normative Juridical. The position of women as victims of sexual harassment through electronic media is that women are objects or victims who receive sexual harassment through electronic media, because women are always considered weak and easier to get harassment treatment. Legal protection for women as victims of sexual harassment through electronic media according to positive laws in Indonesia, namely, still has shortcomings and can even ensnare victims into perpetrators.
Copyright (c) 2025 Nur Tania Bakhti, Neni Vesna Madjid, Fahmiron (Author) https://creativecommons.org/licenses/by/4.0
The Effectiveness of the Implementation of the Electronic Ticket System on Public Legal Awareness in Traffic
Article 272 of Law Number 22 of 2009 concerning Road Traffic states that to support activities to enforce violations in the field of Traffic and Road Transportation, electronic equipment can be used. This research is a legal research with descriptive analytical specifications. The implementation of the electronic ticketing system by the West Sumatra Police Traffic Directorate has been carried out using electronic technology in supervising and enforcing traffic issued by the police using CCTV aids. Electronic ticketing has been implemented around 2021 in the jurisdiction of the West Sumatra Police. During the implementation of E Tilang in the West Sumatra Police Jurisdiction, traffic units have experienced disturbances. The obstacle in the implementation of the electronic ticketing system by the West Sumatra Police Traffic Directorate is the lack of integration of data owned by each LLAJ supervisor and Regional Government in the Traffic and Road Transportation Information and Communication System, making it difficult for the National Police. The violation recorded by the camera sensor is the license plate which is then read by the Automated Number Plate Recognition (ANPR) software which then physically matches the vehicle with data from the registration and identification database of the motor vehicle. The effectiveness of the implementation of the electronic ticketing system on the legal awareness of the public in traffic in the jurisdiction of the West Sumatra Police Traffic Directorate is not yet effective because there are still many mistakes that occur in detecting vehicles that violate traffic through the electronic camera and there are still many traffic violations. ETLEs have not been able to effectively detect violations, they are more likely to obey traffic rules if there are traffic officers standing on the road. Awareness of the possibility of serious legal consequences will help suppress offending behavior.
Copyright (c) 2025 Bezaliel Mendrofa, Fitriati (Author) https://creativecommons.org/licenses/by/4.0
Coordination of Supervision of Violations of Excess Tonnage in Goods Transportation
Article 19 Paragraph (2) of Law Number 22 of 2009 concerning Road Traffic and Transportation regulates Road Grouping according to the class of Roads and vehicles that can pass through it. Coordination in the supervision of excess tonnage violations in freight transportation between the Sijunjung Police Satlantas and the Land Transportation Management Center Region III of Sijunjung Regency is carried out with functional supervision. Establishing supervision standards to assess the object of supervision to see which things or parts are wrong or violations. Supervision of the use of public roads on overloaded vehicles in Sijunjung district, Sijunjung Police Satlantas and the Land Transportation Management Center Region III of Sijunjung Regency. The implementation of supervision coordination between the Sijunjung Police Traffic Police and the Land Transportation Management Center Region III of Sijunjung Regency obtained the results of supervision that has been carried out in 2023 that out of 19,543 vehicles, there were 1,632 vehicles that committed violations consisting of 1,618 capacity violations, 14 vehicles committed dimensional violations. The obstacles faced by the Sijunjung Police Satlantas and the Land Transportation Management Center Region III of Sijunjung Regency in the implementation of supervision coordination for violations of excess tonnage, including facilities, and insufficient Human Resources (HR) are reviewed from the aspects of quantity and quality. The limitations of surveillance patrols, the limited cargo terminals/unloading locations make it more difficult for supervisory implementers to provide firmer corrective actions (sanctions).
Copyright (c) 2025 Zamrinaldi, Bisma Putra Pratama (Author) https://creativecommons.org/licenses/by/4.0
Dispute over Customary Land of the Bodi Sapik Clan, Certified Without the Permission of the Mamak Kapalo Waris and Its Settlement in Jorong Baruah, Tanah Datar
Land disputes arise from conflicts of interest over land. Communal customary land is one type of land that is often disputed. One such dispute over communal customary land belonging to the Bodi Sapik clan occurred in Jorong Baruah, Nagari Padang Magek, Tanah Datar Regency. In this case, the communal customary land was certified without the permission of the head heir. West Sumatra Regional Regulation No. 7 of 2023 on Communal Customary Land states that the head heir is the leader of the communal customary land. Furthermore, Article 13 stipulates that the management and utilization of communal customary land is carried out by the head heir based on consensus with the clan members. Therefore, a study is needed with the following research questions: 1) Why did the defendant not seek prior permission from the head heir before certifying the Bodi Sapik clan's communal customary land? 2) How was the certification process of the Bodi Sapik clan's communal customary land carried out without the permission of the head heir in Jorong Baruah, Nagari Padang Magek, Tanah Datar Regency? 3) How was the dispute over the certification of the Bodi Sapik clan's communal customary land, which was carried out without the permission of the head heir in Jorong Baruah, Nagari Padang Magek, Tanah Datar Regency, resolved? This research uses an empirical juridical method with qualitative analysis. Based on the analysis and discussion, the results of this study show that the reason the defendant did not seek permission from the head heir when certifying the Bodi Sapik clan's communal customary land was because it was not the defendant who registered or certified the communal customary land, but rather the defendant's older brother, Jhond Kennedy, and because the defendant had not yet received his share of the inheritance and was trying to protect the inherited property. Meanwhile, the certification process of the Bodi Sapik clan's communal customary land in Jorong Baruah, Nagari Padang Magek, was carried out in 2000 when the defendant's older brother was the village head and there was a National Agrarian Operation Project (Prona) which authorized village governments to issue land ownership certificates (sporadik). This sporadik was used as the basis for land registration (issuance of a communal customary land certificate) at the Tanah Datar Regency Land Agency office. Furthermore, the dispute over the Bodi Sapik clan's communal customary land was resolved through negotiation, followed by mediation at the Tanah Datar Police Station, Batusangkar District Court, and finally at the Padang State Administrative Court.
Copyright (c) 2024 Rahmi Murniwati, Nanda Utama, Reza Wahyudi (Author) https://creativecommons.org/licenses/by/4.0
Legal Protection For Notaries By The Notary Honorary Council as A Witness in The Case Of Identity Forgery By The Parties Making The Deed
Notary is a legal profession whose rights and obligations have been regulated in such a way in Law Number 30 of 2004 concerning the Notary Position (hereinafter referred to as UUJN). Where in Article 1 of the UUJN states "Notary is a public official who is authorized to make authentic deeds and other authorities as referred to in this Law". However, in terms of carrying out his professional duties, it is not uncommon for a notary to stumble into legal cases such as being a witness in an authentic deed dispute that he has made due to identity forgery by the parties who made the deed. Therefore, the existence of a Notary as a witness in a court hearing requires legal protection, especially from the Notary Honorary Assembly. Departing from this problem, this study has two problem formulations, First: What is the Role of the Notary Honorary Assembly towards Notaries as Witnesses in the Case of Identity Forgery by the Parties Making the Deed?, Second: What is the Legal Protection for Notaries as Witnesses in the Case of Identity Forgery by the Parties Making the Deed?. So to answer these problems, this study uses a juridical-normative research method. The results of this study state that the UUJN has given birth to one of the legal protection instruments for notaries, namely the Notary Honorary Assembly Institution, where one of the main tasks is to give approval or rejection of the request for approval to summon notaries to attend investigations, prosecutions and judicial processes. However, in practice this is still often ignored so that there are many notaries who are harmed by a criminal case.
Copyright (c) 2024 Khairani, Argi Putra Finalo (Author) https://creativecommons.org/licenses/by/4.0
The Position of the Financial Audit Agency in Examining Regional Financial Management and Responsibility of West Sumatra Province
State finances are the backbone of a nation's development and play an important role in its economic sustainability. The Financial Audit Agency (BPK), as an independent and autonomous audit institution, is responsible for overseeing financial management and accountability, including at the provincial level, such as in West Sumatra. However, practical challenges hinder its effectiveness. In 2021, the West Sumatra BPK identified twelve problems in the West Sumatra Provincial Government's financial report, involving an outstanding amount of Rp. 12,058,560,000 which has not been handled by officials. Although Article 20 of Law no. 15 of 2004 mandates officials to follow up on audit findings within 60 days. This failure has damaged public trust in the BPK. This research aims to evaluate the role of the BPK in auditing financial management in West Sumatra Province and to explore the implications of unaddressed audit findings for democracy in Indonesia. Through a normative juridical approach, this research analyzes regulatory law and relevant public perceptions of the BPK. The findings show that although the BPK plays an important role, difficulties in enforcing its audit recommendations weaken its authority and affect public trust in democratic governance.
Copyright (c) 2024 Henny Andriani (Author) https://creativecommons.org/licenses/by/4.0
Registration of Transfer of Land Ownership Due to Inheritance in order to Ensure Legal Certainty
Land is the highest value of wealth and is also a source of life. To prevent disputes from occurring, the Government will hold land registration in accordance with article 19 paragraph (1) of the UUPA. The transfer of land rights is the transfer/transfer of land rights from the old right holder to the new right holder. Based on Article 42 paragraphs (1) and (2) of Government Regulation Number 24 of 1997 concerning Land Registration regulates the obligation of heirs to register the transfer of their rights to the Land Office. But the reality is that there are still many heirs who have not registered their transition eventhough there are clear rules that regulate it. The approach method uses the normative juridical approach as the main approach supported by the empirical juridical approach. Based on the results of the discussion and analysis, it is concluded as follows: First, the registration of the transfer of ownership of land due to inheritance in order to ensure legal certainty, based on the completeness of the rights, must meet 2 (two) conditions, namely the material condition and the immaterial condition.But in reality, there are still many heirs who have not registered the transfer of their rights. The causative factors include: the level of public education is still low so that there is a lack of legal awareness about the importance of land registration, the cost of managing certificates is expensive, not all heirs have the cost for the transition process, ignorance of land registration requirements and procedures. Second, as a result of the law, there is a transfer of ownership of land because the heirs are the heirs as the holders of the right to get legal protection because materially and immaterially, the rights and obligations of the heirs are directly transferred to the heirs.
Copyright (c) 2024 Desi Redhawati, Iyah Faniyah (Author) https://creativecommons.org/licenses/by/4.0
The State's Obligation to Protect Children's Rights Under National and International Law
The state's obligation to protect children's rights is not only based on national law but must also be in line with international commitments. The aim of the research is to analyze the extent to which the state fulfills its responsibilities in ensuring the protection of children's rights in accordance with international provisions, such as the Convention on the Rights of the Child (CRC), and national regulations, such as the Child Protection Law in Indonesia. The research method used is a normative juridical approach with analysis of legal documents, statutory regulations, and literature studies. The research results show that although the international legal framework has been adopted into national law, its implementation still faces various obstacles, including a lack of inter-institutional coordination, limited resources, and a lack of public understanding of children's rights. This journal recommends strengthening national regulations and increasing institutional capacity to ensure more optimal protection of children's rights.
Copyright (c) 2024 Miasiratni, Sri Agustini, Gokma Toni Parlindungan (Author) https://creativecommons.org/licenses/by/4.0
Legal Certainty For Investment-Based on Insurance Policy Holders (UNITLINKS) After The Establishment of Alternative Institutions For Financial Services Dispute Settlement (LAPS SJK)
Legal certainty is a justifiable protection against arbitrary actions which means that someone will be able to get something that is expected under certain circumstances. The problem is How is the legal certainty of unitlink dispute resolution after the establishment of Alternative Dispute Resolution Agency in the Financial Service Sector (LAPS SJK). The method in writing is by using a normative juridical approach. Legal certainty related to institutional certainty has been represented by the existence of this LAPS SJK. LAPS SJK which is an integrated dispute resolution with this dispute resolution will be faster because it has been centralized considering the increasing number of hybrid financial products. The legal basis for the LAPS SJK is regulated in POJK Number 61/POJK.07/2020 concerning Alternative Institutions for Settlement of Financial Services Sector Disputes. The urgency of the LAPS SJK is needed because of the current condition of the financial services industry, financial services and products that are hybrid or integrated with each financial service sector. The existence of the LAPS SJK provides legal certainty in the dispute resolution mechanism. The principles of this institution are independent, fair, effective and efficient and easily accessible.Policyholders should agree with insurance companies to use LAPS SJK in resolving unitlink insurance disputes, because this forum will provide legal certainty by providing fair and objective solutions. OJK and LAPS SJK further socialize the existence of LAPS SJK. As far as possible for dispute resolution when it cannot be reached internally with the insurance company, the parties choose LAPS SJK by ringing the clause in the unitlink insurance policy.
Copyright (c) 2024 Wetria Fauzi (Author) https://creativecommons.org/licenses/by/4.0
Implementation of The Basic Freedom of Contract in Review From The Shariah Alliance
In civil matters, the parties will not be separated from the legal relationship. The legal relationship itself arises when there are rights and obligations of the parties so that what is agreed can be achieved. The parties are given freedom to make a contract. The contract itself must meet both subjective and objective requirements. One of the subjective conditions, which is the agreement between the parties, must be based on the principle of freedom of contract. The basis of freedom of contract according to Article 1338 BW "All legally made agreements are legally binding on those who make them”. The purpose of Article 1338 BW is that the basis for the parties to carry out the contract must be equality, justice, honesty and truth. The meaning of freedom of contract does not mean that the law allows parties to deviate from legal regulations or immoral acts. The Draft Law or what is known as (RUU) Engagements is a draft sub-codification of the national engagement law which previously, sub-engagements were regulated in Book III BW/Perdata. A special codification of contract law regulates sharia contracts as a form of implementing cooperation or business agreements with sharia principles. Therefore, in this article the author will explore the principle of freedom of contract in sharia agreements in cooperation agreements between parties in society. This research is legal research (doctrinal research) with an analytical approach (analytical research), a statutory approach (statues approach), and a conceptual approach (conceptual approach). The formulation of the problem to be studied is as follows, first Basis of Freedom of Contract in Agreements, Second, Freedom of the parties in carrying out the agreement, and third, The application of the basic freedom of contract is reviewed from the sharia alliance. The results of the research explain firstly, freedom of contract in contractual relationships is the essence of individuals being able to carry out the agreements agreed to in the contract as long as they do not conflict with public order and legislation. Second, freedom of contract on a contract must be based on good faith (good faith) the parties and state their wishes (conduct) proportionally. Third, The application of freedom of contract in sharia agreements places greater emphasis on benefits for the benefit of the parties and is not merely individualistic.
Copyright (c) 2024 Ulfanora (Author) https://creativecommons.org/licenses/by/4.0
Criminal Responsibility For The Occurring of a Patient Safety Incident In a Health Center Which Results in the Leaving of A Baby's Head in a Mother's Womb Before Birth in the Perspective of Health Law in Indonesia
This research was motivated by a mother from Panpajung Village, Modung, Bangkalan, Madura, East Java, reporting a midwife to the police on suspicion of malpractice. The mother lost the baby she was carrying after the baby's head was left in the womb during the birth process at the health center. The explanation of this case is interesting for the author to discuss who should be responsible for it all, and what criminal responsibility is like regarding the occurrence of patient safety incidents at a community health center resulting in the baby's head being left in the mother's womb before birth in the perspective of health law in Indonesia. The death that occurred to the baby is of course the subject of our collective evaluation, while remaining in favor of the aim of criminal law to provide protection against crimes against a person's body and life, and the death that occurred to the baby, of course, is contrary to the mandate of Law no. 39 of 1999 concerning Human Rights regarding: The Right to Life, and the Right to Defend Life, and also contradicts the aim of health law to reduce suffering, prolong life, and accompany patients until the end of their lives.
Copyright (c) 2024 Zamrinaldi, Bisma Putra Pratama (Author) https://creativecommons.org/licenses/by/4.0
The Investigation Process of Plantation Crimes in the Production Forest Area
Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction regulates the unauthorised use of the area. The investigation process of the criminal offence of plantation in a production forest area by investigators at the West Pasaman Police Satreskrim begins with receiving a report. Plantation activities without a business permit in the Production forest area, in Jorong Pigogah Patibubur Nagari Air Bangis, Sungai Beremas District, West Pasaman Regency. After checking the crime scene, it was found that there were palm oil plants aged 1 (one) to 2 (two) years and a wooden hut. Taking the coordinate points shows that the crime scene is included in the production forest area and the reported party cannot show legal legality, so this can be used as preliminary evidence by the investigator. The investigation period was deemed insufficient by investigators to complete the investigation of the case. In addition to running away, the suspects often use the mode of claiming to be indigenous people around the forest. They claim that the land used as a plantation is customary land/customary forest. The obstacles in the investigation process of plantation crimes in production forest areas by investigators at the West Pasaman Police Criminal Investigation Unit are the location of the crime scene which is far from residential areas, the difficulty of reaching the location or crime scene (TKP) to handle criminal cases, the facilities used are still limited as well as the number of members who handle various incidents with the guidance of time all must be fulfilled. The lack of budget makes it difficult to bring in expert witnesses to provide testimony. Experts are needed, especially forest damage experts, legal experts, and planologists. The lack of maximum supporting facilities, such as GPS devices that function to find out the coordinates of the crime scene are only available 2 pieces. This is not proportional to the number of forestry crime cases handled by investigators.
Copyright (c) 2024 Afwanul Bahri, Ismansyah, Otong Rosadi (Author) https://creativecommons.org/licenses/by/4.0
Insurance Products as Protection for Debtors Due to Failure to Implement Performance in Business Agreements
In business protection, there are instruments that are able to anticipate business losses if one party does not carry out what has been agreed. An instrument called insurance. Insurance products according to Article 246 of the Commercial Code (KUHD) are "an agreement whereby an insurer binds himself to an insured, by receiving a premium, to provide compensation to him for any loss, damage or loss of expected profits, which he may suffer due to an unspecified event”. Insurance itself is useful as protection for the insured in the event of expected losses or profits in the future. As is the case in carrying out a contractual relationship, it cannot be guaranteed that it will run smoothly and according to what has been stated in the agreement. At any time, there is the potential that one of the parties to the agreement will not be able to carry out its obligations and this will result in the creditor not fulfilling their performance. This research is legal research (doctrinal research) with a statutory approach, a conceptual approach and an analytical approach. The results of this research explain that First, In a business agreement, the most important thing is that the parties must carry out the provisions to give something, do something or not do something. Second, Insurance itself is financial security for parties interested in running a business so that the business goal of making a profit can be achieved. Third, In cases where debtors fail to carry out their obligations resulting in defaults covered by insurance, it is an ecosystem of mutually beneficial economic circulation with other economic actors.
Copyright (c) 2024 Nanda Utama (Author) https://creativecommons.org/licenses/by/4.0