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: March, June, September 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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Application of Elements of Participation in Crime of Trafficking in Goods That are Not in Accordance with Indonesian National Standards
The application of the element of participation by the Directorate of Special Criminal Investigation of the West Sumatra Regional Police against the crime of trafficking in goods that are not in accordance with the Indonesian National Standard (SNI) is to position the qualification as the perpetrator who ordered the act (doen pleger), because the will of the main perpetrator is realized through the actions of other parties under his control. On the other hand, distribution managers, marketing agents, or retailers can be classified as participating in the conduct (medepleger) if they are proven to have knowledge of the non-conformity of goods with applicable standards, but continue with sales activities. Any perpetrator involved in the chain of circulation of goods can be held criminally liable as long as it can be proven that they have knowledge or at least strong suspicion about the non-conformity of the goods with applicable standards. The obstacles encountered by the Directorate of Special Criminal Investigation of the West Sumatra Regional Police in the application of the element of participation to the crime of trafficking in goods that are not in accordance with Indonesian national standards are the most prominent legal obstacles in the investigation of this case are in the aspect of proving the element of guilt and the involvement of the perpetrators which are doctrinally the core of participation. The regulatory structure regarding the crime of trafficking in goods that does not meet standards is still scattered and fragmentative, causing difficulties for investigators in identifying which norms are relevant to ensnare the perpetrators of participation. Non-legal aspects, limited human resource (HR) capacity of investigators are crucial factors that affect the effectiveness of the implementation of inclusion elements, especially in cases involving the distribution of goods digitally. It is related to the low level of legal awareness among business actors and the public, especially in the trade sector of daily necessities.
Copyright (c) 2026 Anggara Wijaya Herman, Iyah Faniyah, Bisma Putra Pratama (Author) https://creativecommons.org/licenses/by/4.0
The Ethical Responsibility of Forensic Doctors for the Confidentiality of Autopsy Results for the Crime of Murder
The ethical responsibility of forensic doctors for the confidentiality of the results of the autopsy of the crime of murder at Bhayangkara Padang Hospital is a form of multidimensional responsibility that includes legal, ethical, social, and humanitarian aspects. In carrying out their duties, forensic doctors must maintain a balance between the obligation to assist law enforcement objectively and the protection of the dignity and privacy of victims and their families. Violations of the confidentiality of autopsy results are not only a violation of professional ethics, but also have the potential to be a violation of criminal and administrative law, which can ultimately damage the integrity of forensic institutions and public trust in the judicial system. Therefore, this responsibility must be carried out with full professional awareness, high integrity, and compliance with legal norms and noble human values. Obstacles in the implementation of the ethical responsibility of forensic doctors at Bhayangkara Padang Hospital for the confidentiality of the results of the autopsy of the crime of murder include two main dimensions, namely legal constraints and non-legal constraints. Legal obstacles include the indecisiveness of norms in Law Number 17 of 2023 concerning Health, weak structural protection for medical data, overlap between health law and criminal procedure law, and the absence of sectoral regulations that specifically regulate forensic medicine. Meanwhile, non-legal constraints include weak information security systems, low ethical literacy, social pressure on forensic doctors, lack of cross-sector training, limited support facilities, and cultural influences that sometimes do not support efforts to maintain medical confidentiality.
Copyright (c) 2026 Andre P, Susi Delmiati, Laurensius Arliman (Author) https://creativecommons.org/licenses/by/4.0
The Implementation of the Prosecutor's Code of Ethics after the issuance of Attorney General Regulation Number 4 of 2024 on the Professionalism and Integrity of Public Prosecutors in Criminal Trials
The prosecutor as the public prosecutor plays an important role in realizing a fair, honest, and authoritative criminal justice. The magnitude of this responsibility prompted the Prosecutor's Office of the Republic of Indonesia to issue Prosecutor's Regulation Number 4 of 2024 concerning the Prosecutor's Code of Conduct to strengthen the ethical foundation of the prosecutor's profession more comprehensively. The presence of this regulation is an important instrument in fostering prosecutors' behavior, especially in the implementation of prosecution duties in criminal trials. This research is a normative legal research with a statutory and conceptual approach that uses primary legal materials in the form of PERJA Number 4 of 2024, the Prosecutor's Law, and the Criminal Procedure Code. The results of the study show that the regulation brings normative updates in the regulation of the prosecutor's code of conduct. However, its implementation in the field still faces various challenges, including inconsistency in sanctions enforcement, weak supervision mechanisms, and limited continuous ethical coaching, so that the implementation of the code of conduct has not been fully optimal in strengthening the professionalism and integrity of prosecutors in criminal trials.
Copyright (c) 2026 Ester Olivia Lase, Cigar P. Berutu (Author) https://creativecommons.org/licenses/by/4.0
Juridical Review of Criminal Acts of Sexual Abuse of Children Committed by TNI Officers
This study aims to juridically analyze the criminal act of sexual abuse against children committed by Indonesian National Army officers and assess the application of the principle of the rule of law in military justice based on Decision Number 88-K/PMT-BDG/AL/X/2024. The research method used is normative legal research with a legislative approach and a case approach, using secondary data obtained through literature studies and analysis of court decisions, then analyzed qualitatively. The results of the study showed that the perpetrator's actions had fulfilled the elements of criminal offenses, namely sexual acts, intentional elements, and physical, psychological, and moral losses experienced by child victims. The military court's decision in the case reflects the application of the principle of the rule of law and equality before the law because the perpetrators are still processed and sentenced to death without any special treatment despite their status as state officials. However, there are still weaknesses in the aspect of victim protection, especially related to psychological recovery and transparency of the military justice process. Therefore, it is necessary to strengthen child protection mechanisms, increase the accountability of military law enforcement officials, and more firm and consistent law enforcement to ensure justice and legal certainty.
Copyright (c) 2026 Sigar P. Berutu, Essilver Saragih, Yolani Margareta (Author) https://creativecommons.org/licenses/by/4.0
Criminal Liability of Midwives Perpetrators of Illegal Abortion Study Decision Number 131/Pid.Sus/2016/Pn.Kpg
This study examines the criminal liability of midwives who commit illegal abortions through a normative juridical analysis of Decision Number 131/Pid.Sus/2016/PN.Kpg. The three main issues studied include the legal regulation of the crime of illegal abortion by midwifery personnel, the fulfillment of the elements of criminal responsibility of the defendant, and the proportionality of the punishment imposed from the purpose of the crime and the principle of justice in Indonesian criminal law. This study uses a normative juridical method that is descriptive and analytical with a legislative approach, a conceptual approach, and a case approach. The results show that the Indonesian legal system has established a comprehensive normative framework in prohibiting the practice of illegal abortion by midwives, but inconsistency in law enforcement is its main weakness. All elements of the defendant's criminal responsibility were fulfilled conclusively, including the ability to be responsible, intentional in three grades, and the absence of a reason for criminal expungement. However, the three-month prison sentence imposed was considered disproportionate because the mitigating circumstances considered by the judge contained conceptual confusion and the construction of the indictment in the form of alternatives also contributed to the outcome of the sentence that was far from ideal, thus systemically weakening the effectiveness of the criminal law as an instrument to prevent the practice of illegal abortion by midwifery personnel in Indonesia.
Copyright (c) 2026 Sigar P. Berutu, Setti Sri Ayu Malau, Rut Marsela Surbakti (Author) https://creativecommons.org/licenses/by/4.0
Legal Certainty Regarding Execution Practicesnon-Fungible Tokenas An Object of Fiduciary Guarantee
The development of blockchain technology has given birth to new digital assets, namely Non-Fungible Token (NFT). Its popularity has grown rapidly, transforming it from a mere digital collectible into a high-value investment instrument. This phenomenon opens up opportunities for NFTs to be utilized in various financial sectors, including as collateral. Its significant economic potential drives the need to examine its legal position within the existing financial system. Despite its economic value, the legal status of NFTs as fiduciary collateral in Indonesia remains unclear. The current Law Number 42 of 1999 concerning Fiduciary Collateral is designed for conventionally recognized tangible and intangible movable objects. The absence of specific regulations governing digital assets such as NFTs creates a legal vacuum, creating uncertainty for parties seeking to utilize them. This research is a legal research (doctrinal research) with a legal approach (statues approach), conceptual approach (conceptual approach), and analytical approach (analytical approach). The results of this study explain that first, the existence of Non-Fungible Token The development of NFTs as digital assets in Indonesia began with the development of the digital economy and increased public interest in using investment instruments. Second, the lack of specific regulations for NFTs as fiduciary collateral creates a significant legal vacuum, and the current Fiduciary Guarantee Law is not designed to accommodate the unique characteristics of digital assets, such as value volatility and technical identification. Third, accurately identifying NFTs during the execution process is a fundamental challenge. Unlike physical assets, NFTs can only be recognized through a series of cryptographic data such as token IDs and complex contract addresses. Current regulations fail to accommodate their unique characteristics related to classification, valuation, and registration and execution mechanisms. This situation creates significant legal uncertainty, thus creating high risks for the parties involved. The recommendation for this issue is the need for the government to immediately revise fiduciary guarantee regulations or establish specific regulations for digital assets. In the meantime, the government can create regulations in the form of Government Regulation in Lieu of Law (Perppu) or Supreme Court Rules (Perma) so that the legitimacy of digital asset objects such as NFTs is legally recognized as a class of movable and intangible assets in fiduciary guarantees.
Copyright (c) 2026 Andalusia (Author) https://creativecommons.org/licenses/by/4.0
Land Dispute Resolution Due to the Issuance of Double Certificates by the National Land Agency
Land as one of the human needs has a very important role in the basis of human life. The term agrarian itself in Indonesia refers to Law Number 5 of 1960 concerning Basic Agrarian Regulations, hereinafter known as UUPA. Based on the provisions of Article 1 paragraph (2) of UUPA, it states that the words "earth, water, space and the natural resources contained therein" are national assets. UUPA is a legal umbrella in regulating earth, water, space and other natural resources. Based on Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, which states that control of earth, water and the natural resources contained therein is handed over to the Republic of Indonesia to be used as appropriate to create the prosperity of the people. Land issues have a long journey. Various land disputes and conflicts due to frequent conflicts over power struggles over control of land rights, thus encouraging the government as the holder of the highest authority to be required to provide a mechanism for resolving land disputes and conflicts involving the National Land Agency. A land dispute is a specific dispute concerning rights or interests where the parties file claims, counterclaims, and terminate those claims. The granting and determination of land rights is the duty and authority of the National Land Agency, with procedures stipulated in laws and regulations based on Presidential Regulation Number 63 of 2013 concerning the National Land Agency (BPN). One of the duties of the National Land Agency is to issue land certificates. Certificates, as evidence that the land has been registered by an authorized government agency, are strong and authentic evidence. However, in practice, the issuance of duplicate certificates is a serious problem that threatens legal certainty and justice for the community. Duplicate certificates occur when two or more certificates are issued for the same plot of land, often caused by administrative errors, data manipulation, or acts of corruption in the land registration process. In conducting this research, the author used a juridical-normative approach. This approach aims to conduct research based on relevant legal provisions, records, and other available media. The data collection technique used was secondary data literature study as the main research basis.
Copyright (c) 2026 Harniwati, Engrina Fauzi, Fauzan Zakir, Miasiratni, Uci Asriadi (Author) https://creativecommons.org/licenses/by/4.0
A Study on the Application of Restorative Justice in the Settlement of Defamation Crimes Based on Customary Law, Especially the Toba and Karo Batak Customs
This study examines the application of the restorative justice approach in the Batak customary law system as an alternative mechanism in restoring justice in criminal cases. The focus of the study is to identify the relevance of Batak indigenous values, including the Toba and Karo Batak, to the principles of restorative justice and to identify various challenges and opportunities in the process of their integration into the national legal system. Studies show that the concept of restorative justice has fundamentally taken root for the Batak people, because values such as relationship restoration, deliberation, and peace have long been practiced through the principles of Dalihan Na Tolu and the Pupur Sage tradition. Dispute resolution in indigenous peoples is carried out through a deliberative forum involving indigenous leaders, parties to the dispute, and family elements, with the aim of creating a balanced consensus and reconciling disturbed harmonization. The customary sanctions applied are generally corrective and educational, for example, apologies or accountability, in line with the restorative justice pillar that prioritizes the healing of the victim as well as the moral accountability of the perpetrator. Nevertheless, the implementation of customary norms still encounters juridical obstacles, especially regarding the lack of legitimacy in the national legal framework and the procedural discrepancy of positive law. The opportunity to integrate customary law into a formal system is actually wide open thanks to the latest regulations from the Prosecutor's Office and the Police regarding restorative justice. The conclusion of this research shows that strengthening the authority of indigenous leaders supported by collaboration with law enforcement officials can transform Toba and Karo customary law into an efficient conflict resolution mechanism that is in harmony with the state legal order.
Copyright (c) 2026 Kartina Pakpahan, Desi Leolinta Br. Karo, Timothy Gilbert Sagala (Author) https://creativecommons.org/licenses/by/4.0
The Incompatibility of the European Union Deforestation Regulation with Trade Liberalization
The European Union Deforestation Regulation (EUDR) is an environmental policy aimed at ensuring that agricultural and forestry commodities entering the European market are free from deforestation practices. While designed to support global sustainability, its implementation poses significant challenges for developing countries, particularly Indonesia, which heavily relies on exports of commodities such as palm oil, rubber, coffee, and cocoa. This study aims to analyze the implications of EUDR on international trade relations and its compatibility with the fundamental principles of the World Trade Organization (WTO), including most-favoured nation, national treatment, and trade liberalization. Using a qualitative normative approach, this research examines relevant legal frameworks, policy documents, and secondary data. The findings indicate that EUDR imposes complex administrative requirements, such as geolocation verification, supply chain traceability, and comprehensive due diligence, which disproportionately burden smallholders and medium-scale enterprises. Furthermore, the regulation potentially reflects elements of green protectionism, creating trade distortions and reducing the competitiveness of Indonesian commodities in the global market. In conclusion, while EUDR promotes environmental sustainability, it may conflict with fair trade principles and hinder market access for developing countries. Therefore, it is recommended that policymakers strengthen domestic readiness, enhance support for smallholders, and pursue diplomatic engagement to ensure fair and balanced trade practices.
Copyright (c) 2026 Anthonio Bimo Raditya, Lewiandy (Author) https://creativecommons.org/licenses/by/4.0
The Effectiveness of Traditional Mediation as an Alternative for Resolving Family Disputes in the National Legal System
Customary mediation is a dispute resolution mechanism based on local wisdom values ​​that has long been practiced in Indonesian customary law communities, particularly in resolving family disputes. This study aims to analyze the effectiveness of customary mediation as an alternative for resolving family disputes within the national legal system, identify the structural and cultural barriers encountered, and formulate an appropriate integration model between customary law and state law. This study uses normative legal research methods with statutory, conceptual, and comparative approaches. The results show that customary mediation has proven effective in creating post-dispute relational harmony and has a high level of compliance because it is based on communal agreements respected by all parties. However, customary mediation faces challenges in terms of legal certainty, guaranteeing the protection of individual rights, and formal recognition in the judicial system. Integrating customary mediation into national law through a structured legal pluralism mechanism is a strategic step to strengthen access to justice for indigenous communities.
Copyright (c) 2026 Roziqin, Answar, Harry Tuhumury, Najamuddin Gani, Zonita Zirhani Rumalean (Author) https://creativecommons.org/licenses/by/4.0
Analysis of Legal Certainty and Protection for Investors for Investment Refunds in Commercial Property Sale and Purchase Agreements
This study aims to analyze legal certainty and protection for investors for the return of investment funds in commercial property sale and purchase agreements, as well as examine the judges' legal considerations in Supreme Court Decision Number 5648 K/Pdt/2025. The research uses normative legal methods with legislative, conceptual, and case approaches. The source of legal materials consists of primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that legal certainty for the return of investment funds has a juridical basis in the Civil Code through the principles of pacta sunt servanda, default, compensation, and cancellation of agreements. Legal protection for investors can be provided preventively through clear agreements, examination of the legality of objects, and security of funds, and repressively through default lawsuits, refund demands, compensation, and the implementation of court decisions. Supreme Court Decision Number 5648 K/Pdt/2025 applies the principle ne bis in idem because of the similarity of subjects, objects, and subject matter with previous disputes that have permanent legal force. The application of this principle provides legal certainty and prevents repetition of cases, but has implications for the closure of investors' opportunities to refile investment refund claims. Therefore, investor prudence and strengthening regulations in the commercial property sector are needed to ensure more effective legal protection.
Copyright (c) 2026 Ribel Sri Pipit Putri Zega, Muhammad Arif Prasetyo, Rodiatun Adawiyah (Author) https://creativecommons.org/licenses/by/4.0
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
The Legality of Transmigrant Land Evictions from a Constitutional Law Perspective
The transmigration program is a strategic instrument of the state within the Welfare State framework that aims to equalize development and the welfare of the people. However, in its implementation, agrarian conflicts often occur in the form of evictions of transmigrant land for infrastructure development or other strategic projects. The problem becomes complex when the government unilaterally categorizes uncertified transmigration land as free state land, thereby ignoring the constitutional rights of citizens. The purpose of this study is to analyze the legal status and constitutional guarantees for transmigrant land and to test the legality of these evictions in terms of the principles of the rule of law and the General Principles of Good Governance (AAUPB). The research method used is normative juridical with a statutory approach and a conceptual approach. The results of the study indicate that transmigrant land rights are a manifestation of Article 28H paragraph (4) and Article 33 paragraph (3) of the 1945 Constitution, which have the status of vested rights (rights that have been born) since the legal placement by the state was carried out. The absence of a land ownership certificate is not a legal basis for evictions, but rather a form of maladministration and state negligence in carrying out the certification mandate as mandated by the Transmigration Law. The unilateral eviction of the land has been proven to violate the principles of accuracy and legal certainty in the AAUPB and indicates an abuse of authority (detournement de pouvoir). The conclusion of this study emphasizes that the government is obliged to carry out collective certification progressively and prioritize equal deliberation to ensure legal certainty and the dignity of the Indonesian rule of law
Copyright (c) 2026 Agung Mubarak, Multi Sri Asnani, Dirawati (Author) https://creativecommons.org/licenses/by/4.0
Juridical Analysis of Flood Disaster Management and the Role of the Community in the Villa Patumbak Permai Housing Complex, Jalan Pelajar Marindal 1, Patumbak District, Deli Serdang Regency
The flood disaster that hit the Villa Patumbak Permai Housing Complex, Jalan Siswa Marindal 1, Patumbak District, Deli Serdang Regency, had a significant impact on the social and economic life of residents. This study aims to analyze the juridical aspects of flood disaster management in the location and examine the role of the community in post-disaster mitigation and recovery. The research method used is normative and empirical juridical, with primary data in the form of field documentation and direct observation, and secondary data in the form of laws and regulations related to disaster management (Law Number 24 of 2007). The results show that despite the regulation, its implementation in the field still faces challenges, especially in terms of response speed and long-term recovery. However, the very active role of the community, as evidenced by the existence of the Citizen Post and solidarity in distributing aid and mutual cooperation to clean up the environment, is a crucial factor in reducing the impact of disasters. This study concludes that synergy between disaster management law enforcement and active community participation is needed to create regional resilience to disasters.
Copyright (c) 2026 Dewi Robiyanti (Author) https://creativecommons.org/licenses/by/4.0
Regulation of Trade in Communication Services in the Framework of the General Agreement on Trade in Services (GATS) in Indonesia: A Study on the Practice of Perum LKBN Antara
The GATS, or General Agreement on Trade in Services, is set out in Annex 1B of the WTO Agreement, which sets out the rules and principles that member states must follow in trade in communication services. Perum LKBN Antara assigned by the State, based on article 1 paragraph 3 of the GATS, the services provided by Antara fall within the scope of the exemption of services provided in the implementation of government authority, namely services that are not supplied commercially or competitively. Antara's business practices are also subject to gradual liberalization as stipulated in Articles IV and XIX of the GATS, namely communication services are adjusted to national policy objectives. The formulation of the problem in this thesis is how to apply the principles in GATS to the communication services sector in the laws and regulations in Indonesia, how to implement the principles of GATS in Indonesia, especially in the communication services sector in relation to the LKBN Antara Regulation in the face of the liberalization of the communication services sector. The purpose of the research is to review and analyze the regulation of trade in services within the framework of GATS in the communication sector as well as to examine and analyze the practice of trade in communication services in Indonesia through Perum LKBN Antara. This study uses an empirical juridical approach with primary data through interviews with officials of Perum LKBN Antara, and secondary data obtained from the study of legal documents and related literature. The practice of Perum LKBN Antara and regulating its rights and obligations is Law Number 7 of 2014 concerning Trade, Law (UU) Number 1 of 2024 concerning Information and Electronic Transactions (ITE Law), and Article XVI and Article XVII of the GATS regulating the service sector as well as Law of the Republic of Indonesia No. 40 of 1999 concerning the Press, Law Number 32 of 2002 concerning Broadcasting, Government Regulation Number 40 of 2007 concerning Public Companies (Perum) of the Antara National News Agency.
Copyright (c) 2026 Frislidia Fatria, Zainul Daulay, Delfiyanti (Author) https://creativecommons.org/licenses/by/4.0
Comparative Implementation of the Free Nutritious Meal Program in Public and Private Schools as a Form of Social Justice
This study aims to analyze the implementation of the Free Nutritious Meal Program (Program Makan Bergizi Gratis/MBG) in Indonesia through the lens of social justice, with a comparative focus between public and private schools. Employing a normative juridical research method with a qualitative descriptive approach, the findings reveal that the current MBG distribution pattern remains universal and institution-based, without differentiating students' economic conditions. This results in an imbalance of effectiveness: the program is considered highly targeted and produces significant impact in public schools, which serve students from diverse socioeconomic backgrounds, yet risks being poorly targeted and generating budgetary waste in private schools predominantly attended by students from affluent families. The study concludes that although an equality-based approach has been achieved, the substantive social justice principle of equity has not been fully realized. Consequently, policy evaluation is needed to shift the distribution of assistance toward a need-based approach, ensuring more effective, efficient, and purposeful resource allocation for vulnerable groups.
Copyright (c) 2026 Andi Meiky Al Paris, Citra Abriyanti Octavia Sitorus, Oksep Adhayanto (Author) https://creativecommons.org/licenses/by/4.0
The Paradox of Freedom of Expression: An Evaluation of the Implementation of the ITE Law from a Human Rights Perspective in Indonesia
This study aims to analyze the impact of the implementation of ambiguous provisions in the Electronic Information and Transactions Law (EIT Law) on freedom of expression, and to evaluate them based on human rights principles. The research method employed is a normative legal approach, with data collected through a literature review of secondary sources. The results of the study indicate that the existence of “vague” provisions such as Articles 27, 28, and 29 of the EITL creates legal uncertainty and triggers a chilling effect in society. Inconsistent law enforcement that frequently disregards the principle of due process of law leads to the criminalization of public criticism, which contradicts the international standards of the ICCPR. The conclusion of this study emphasizes the need for regulatory reform through the reconstruction of norms in accordance with the principle of lex certa and the prioritization of the ultimum remedium approach. The transformation of digital law must be able to integrate human rights values to ensure a balance between public stability and the protection of democratic aspirations.
Copyright (c) 2026 Amelia Puspita, Melyana (Author) https://creativecommons.org/licenses/by/4.0
Juridical Review of Bawaslu's Authority in Handling Digital Disinformation in Elections in Indonesia
This study aims to analyze the authority of the General Election Supervisory Agency (Bawaslu) in handling digital campaign disinformation in elections in Indonesia based on the applicable legal provisions. The research method used is a normative juridical method with a legislative and conceptual approach. The results of the study show that the authority of Bawaslu in supervising digital campaigns has been regulated in Law Number 7 of 2017 concerning General Elections, especially in the aspect of supervision and handling of administrative violations. However, in practice, the handling of digital campaign disinformation does not only involve Bawaslu, but also other agencies according to their respective authorities. Therefore, handling disinformation requires coordination between institutions so that it can run effectively. This research also shows that strengthening the authority of Bawaslu is not interpreted as adding new authority, but as an effort to optimize the implementation of existing authority through strengthening coordination, adaptive supervision mechanisms, and improving preventive functions. Thus, Bawaslu has a strategic role as a supervisor as well as a liaison in supporting the handling of digital campaign disinformation within the applicable legal framework.
Copyright (c) 2026 Rizal Al Mugni, Demson Tiopan (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