Proceeding International Conference on Social Sciences
The presence of a study center within a university serves as a vital supporting element that demonstrates the university's existence and relevance within the community. The plan to establish the Center for Law and Gender Studies at the Universitas Islam Riau (UIR) aims to elevate UIR's role as a center of excellence for Law and Gender development at the international level. This initiative is grounded in noble national cultural values and based on faith and piety, aligned with UIR’s vision and mission. Urgency of Establishing the Center for Law and Gender Studies at UIR The establishment of this center is driven by several critical factors: The prevalence of sexual harassment cases against women and children in educational, familial, and social environments. The increasing number of criminal cases regarding the Trafficking of Women and Children in Riau. Rising cases of Domestic Violence (KDRT), where the majority of victims are women and children. The increasing divorce rate in religious courts. The rise of LGBT cases having a negative impact on children. The overall increase in violence against women and children. Supporting Activities (Completed and Planned) Collaboration with PWII: Conducted a national seminar with the Persaudaraan Wanita Inspiratif Indonesia (Indonesian Inspirational Women's Sisterhood) in 2022, attended by various national and international universities. Kartini Day Commemoration: Collaborated on a seminar with KODEPENA (Community of Indonesian Lecturers, Writers, and Researchers) in 2022. Partnership with ADPMI: Established cooperation with the Association of Indonesian Community Service Lecturers. International Outreach: Currently conducting audiences with Universiti Utara Malaysia (UUM) regarding international community service focused on anti-trafficking of women and children. National Networking: Conducted audiences with ASWGI (Association of Women/Gender and Child Study Centers Indonesia). Regional Protection: Planned audiences to establish cooperation with the Riau Province Women and Child Protection Agency. CSR Collaboration: Cooperation with the Riau CSR Forum to increase attention on women located in regional/rural areas. Study Center Targets To establish a Research Journal specifically for Law, Women, and Child studies. To establish a Community Service Journal specifically for Law, Women, and Child studies. To establish cooperation with Legal Aid Institutes (LBH) regarding legal assistance/advocacy for women and children. To produce Academic Papers or Policy Briefs related to women and child studies. To generate partnerships with both National and International Universities. To produce high-quality research related to Law, Gender, and Children.
Reconstructing Indonesia’s 2029 Presidential Election System: Following the Abolition of the Presidential Threshold
This paper analyzes the constitutional implications of Constitutional Court Decision No. 62/PUU-XXII/2024, which abolished the presidential threshold. This decision represents a critical shift in Indonesia’s electoral system, expanding opportunities for smaller parties and independent candidates to participate in the presidential election. While the abolition increases political inclusivity, it also raises significant concerns about political fragmentation and government legitimacy. The removal of the presidential threshold opens the door for more candidates to run, potentially leading to a fragmented political landscape and a president with minority support. This fragmentation could weaken the legitimacy of the elected government, particularly if no candidate achieves majority backing. To address these challenges, this paper proposes alternative electoral mechanisms such as the two-round system (runoff election), rankedchoice voting (RCV), and cross-regional support requirements for presidential candidates. These mechanisms aim to ensure majority support while maintaining political inclusivity and preventing fragmentation. In conclusion, while the abolition of the threshold enhances democratic participation, a careful redesign of the electoral system is necessary to balance inclusivity with the effectiveness and stability of Indonesia’s presidential system. This reworking is essential to maintaining a stable and legitimate government while expanding opportunities for diverse political voices in the 2029 presidential election.
Copyright (c) 2026 Proceeding International Conference on Social Sciences
ANALISIS PENGALAMAN KERJA DAN KOMPETENSI TERHADAP KINERJA ORGANISASI PADA USAHA KECIL JASA KONSULTAN BIDANG KONSTRUKSI
This study aims to conduct an in-depth analysis of the role of linear work experience and competence in influencing employee performance at a supervision consulting company in Siak Regency using a qualitative literature review approach. The research was carried out through a systematic review of various scholarly sources, including accredited journals, textbooks, research reports, and policy documents relevant to the topic. The qualitative approach was employed to interpret theoretical and empirical findings contextually in order to build a comprehensive understanding of the relationships among the variables. The findings indicate that linear work experience has a positive effect on performance improvement, as the alignment between previous experience and current job roles strengthens technical abilities, decision-making accuracy, and task execution efficiency. Meanwhile, competence—which encompasses knowledge, skills, and professional attitudes—has been proven to be a key factor in driving productivity and work quality. The synergy between linear work experience and competence forms a crucial foundation for achieving optimal performance in supervision consulting firms. Conceptually, the results of this study affirm that human resource development should be directed toward enhancing the alignment of work experience with job roles and strengthening competencies through continuous training to sustainably improve organizational performance.
THE EXISTENCE OF THE APPLICATION OF CRIMINAL COVER-UP TO INDONESIAN CRIMINAL LAW IN THE PERSPECTIVE OF THE PRINCIPLE OF EQUALITY BEFORE THE LAW
The application of the principle of equality before the law in criminal law enforcement has not been carried out as the spirit outlined by the Criminal Code which upholds Human Rights by setting aside all forms of differences and backgrounds that exist in defendants of any criminal act. the existence of the application of criminal cover-up in the Indonesian criminal law system and its analysis from the perspective of the Principle of Equality Before the Law. Cover crime, which is regulated in Law Number 20 of 1946, is a type of crime that provides an exemption from ordinary prison sentences, especially for convicts with a certain position or status background, with the aim of maintaining their honor and dignity. This paper examines the policy of determining criminal cover from a criminal perspective, especially from the purpose of punishment. Based on the purpose of punishment formulated in the Criminal Code Bill, the purpose of punishment will not be achieved by using criminal means of cover-up. Cover crime also has the potential to cause discrimination because there is no measure for judges to impose these criminal sanctions. To provide legal certainty, lawmakers should clearly formulate criteria for judges to impose criminal sanctions for cover-up. This study shows that the crime of cover-up is still positively recognized in the Indonesian criminal law system even though the frequency of its application is very rare and can only be imposed by the High Court. However, its existence causes a contradiction with the essence of the Principle of Equality Before the Law guaranteed by the Constitution. This principle demands that every citizen should be treated equally regardless of background, position, or social status. The granting of preferential treatment—i.e. placement in an institution separate from ordinary prisoners and without the obligation of forced labor—for certain groups through criminal cover-up has the potential to violate the principle of universal equality. Therefore, despite having a formal legal basis, the criminal cover is seen as irrelevant to the spirit of criminal law reform that upholds substantive justice and equality in the modern era. It is recommended that the criminal cover be reviewed and considered for removal from the Criminal Code (KUHP) or criminal legislation in the future in order to strengthen the full implementation of the Principle of Equality Before the Law in Indonesia.
LEGAL REVIEW REGARDING CRIMINAL LIABILITY FOR THE ISSUANCE OF LAND RIGHTS LAWS FOLLOWING A COURT DECISION
The aim of criminal law is to protect and safeguard the interests of society. in a balanced manner, such as orderly, peaceful, and prosperous, through the enforcement of justice and crime prevention. This goal is achieved in various ways, including retaliation, general and specific crime prevention, development of criminals to become useful citizens, and rehabilitation social balance is disturbed by crime. This research is normative in nature, it is a legal research method that focuses on analysis of legal norms and statutory regulations, both written written or unwritten. This method uses library studies and secondary data such as laws, court decisions, and doctrines to examine the legal order legal norm system, not field research in order to interpret, explain, and evaluate the law in order to find solutions or provide a basis for establishing new rules. The discussion in this research article is related to the issuance of a legality the basis of the land rights that have been cancelled by the court, so how legal impact or legal responsibility for the holder of legal rights which has been cancelled by a court decision, can it be requested? criminal liability in the criminal offense of embezzlement of land rights in criminal law in order to achieve the objectives of criminal law itself the creation of justice and legal certainty.
LEGAL PROTECTION AGAINST FORGERY OF LAND OWNERSHIP HISTORY CERTIFICATES FROM A CRIMINOLOGICAL PERSPECTIVE
The Land Ownership History Certificate (SKRKT) is a fundamental document in Indonesia's land administration system, serving as preliminary proof of ownership prior to the issuance of a certificate. This study aims to analyze the legal protection against SKRKT forgery in Riau from a criminological perspective and the criminological factors that encourage SKRKT forgery based on the Pelalawan District Court Decision Number 285/Pid.B/2021/PN Plw. The researcher used a normative empirical legal research method with a descriptive qualitative approach, such as laws and regulations, court decisions, and legal literature related to the crime of forging land ownership history certificates. This approach was chosen to provide an overview of the legal protection against forgery of land ownership certificates from a criminological perspective. The results of the study show that existing legal protection is not yet fully effective, where law enf orcement is still often hampered and it is difficult to prove the motive and land mafia, especially in cases of forgery in the Pelalawan District Court Decision Number 285/Pid.B/2021/PN Plw. The criminological factor driving this is the economic factor, supported by the weak land administration system at the village/sub-district level and the lack of social control over local authorities. The opportunity factor is dominant because SKRKT is a document that is easy to manipulate. Effective legal protection must be dualistic: (1) Repressive: Strengthening the enforcement of forgery offenses with an emphasis on eradicating organized crime (land mafia), and (2) Criminological Prevention: Total digitization and integration of SKRKT data into the BPN system to minimize opportunities for forgery, as well as increased supervision and integrity of officials authorized to issue initial land ownership documents
LEGAL POLITICS OF THE BAN ON SAME-SEX MARRIAGE IN INDONESIA FROM A HUMAN RIGHTS PERSPECTIVE
Legal policy is closely related to human rights (hereinafter referred to as HAM). Legal policy is the state's policy to create and enforce laws on human rights. Human rights are the fundamental rights inherent to every individual that require legal protection. A progressive and responsive legal policy is crucial for creating an effective legal system that protects human rights, addresses past violations, and prevents future violations. Legal policy is a policy or strategy for realizing state goals through the creation, implementation, and enforcement of laws . Legal policy determines the direction, form, and content of laws, making them a tool for achieving social goals and national ideals. The purpose of establishing the Unitary State of the Republic of Indonesia is to protect all Indonesian people and all Indonesian territory, advance general welfare, improve the life of the nation, and participate in implementing world order based on independence, eternal peace, and social justice. The rights of Indonesian citizens are regulated in the 1945 Constitution of the Republic of Indonesia (UUD 1945), specifically in articles 27 to 34. These rights cover various aspects of life, including the right to work and a decent living, the right to life, the right to collective selfdevelopment,the right to legal protection ,the right to religious freedom,the right to education,and other rights such as the right to participate in government, the right to vote and be elected in general elections,and the right to social security.
DIGITAL ASSETS AS PART OF HERITAGE OBJECTS: AN APPROACH TO INDONESIAN POSITIVE LAW AND CONTEMPORARY FIQH MAWARIS
echnological developments and technological advancements are unavoidable for modern humans today. For example, technology has given rise to various forms of digital assets with economic value and legally valid ownership. This situation raises new questions regarding the status of digital assets as objects of inheritance under Indonesian positive law and contemporary Mawaris fiqh. This study aims to analyze the legal status of digital assets as inheritance property from the perspective of Indonesian positive law and contemporary Mawaris fiqh. This research was conducted using normative research methods with a juridicalcomparative approach. The results indicate that pluralism in inheritance law in Indonesia has not fully addressed the complexity of inheritance issues in the form of digital assets. This has the potential to create legal uncertainty and trigger conflict between heirs. However, contemporary Mawaris fiqh views digital assets as al-amwal al-mutaqawwimah (inheritance) that must be inherited by heirs as long as they fulfill the elements of benefit and value. Therefore, legal reform that is responsive to the development of digital technology is needed, both through specific regulations for digital assets and strengthening more adaptive inheritance mechanisms.
VALIDITY AND EVIDENTIAL STRENGTH OF ELECTRONIC DOCUMENTS IN THE SETTLEMENT OF E-COMMERCE CIVIL 826 DISPUTES
Development of e-commerce transactions in Indonesia has driven the increasing use of electronic documents as evidence in civil dispute resolution. This study aims to analyze the validity and evidentiary power of electronic documents based on the national legal framework, specifically the Electronic Information and Transactions Law (UU ITE), the Government Regulation on the Implementation of Electronic Systems and Transactions (PP PSTE), and provisions of civil procedural law. This study also aims to identify practical obstacles faced by parties and law enforcement officials in authenticating digital evidence in court. The method used is normative legal research with a statutory and conceptual approach, supported by a literature review of relevant court decisions as well as civil law and information technology literature. The analysis was conducted qualitatively to evaluate the conformity between legal norms and evidentiary practices in court. Research findings indicate that electronic documents have legitimate standing as evidence as long as they meet the requirements of integrity, authenticity, and retrievability as stipulated in the ITE Law. However, their evidentiary strength depends heavily on the ability of the party submitting the evidence to prove the authenticity of the metadata, digital footprint, and the reliability of the electronic system used. The study also found that the lack of uniform national technical standards often hinders judges in assessing the evidentiary weight of electronic documents. Therefore, strengthening technical regulations and increasing the capacity of judicial officials to understand digital evidence is necessary.
THE EXISTENCE OF IN ABSENTIA TRIALS IN CORRUPTION CASES FROM THE PERSPECTIVE OF JUSTICE
Law Number 8 of 1981, also known as the Criminal Procedure Code (KUHAP), regulates the procedures for resolving cases through trials in court, either with the presence of the defendant or without his presence (In Absentia). In this regard, the author is interested in writing and conducting research on the procedure for resolving cases through the In Absentia trial mechanism. According to the provisions of criminal procedure law, the settlement of a case should involve the presence of the defendant. However, In Absentia trials, especially for extraordinary crimes such as corruption, can still be conducted in court even without the presence of the defendant. In this research, the problem formulation includes 1) How is the existence of In Absentia trials in the Indonesian Criminal Procedure Law system? 2) How can state financial losses be recovered using the In Absentia trial instrument? This type of research is normative legal research. Normative legal research emphasizes law as a norm (rule), so the research focuses on positive law. Articles 196 and 214 of the Criminal Procedure Code explicitly contain limited provisions regarding the defendant's absence from trial proceedings. However, these articles allow for in-absentia trials in special or urgent circumstances. One of the primary and most important goals in eradicating corruption is asset recovery. In absentia decisions allow judges to impose additional penalties in the form of restitution and confiscation of the convict's assets, which is the most practical objective of the mechanism.
JUSTICE VALUE APPROACH IN THE REFORM OF DETERMINING THE SALE VALUE OF TAX OBJECTS TO STRENGTHEN REGIONAL FISCAL CAPACITY
This study aims to analyze the application of fairness values in reforming the determination of Taxable Object Sales Values (NJOP) as a strategic effort to strengthen regional fiscal capacity. The determination of NJOP has been guided by Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments. However, its implementation in many regions does not reflect fair market value and is not in line with the principle of fairness as mandated by Article 23A of th e 1945 Constitution and the principle of justice in tax collection. This research uses a normative juridical method with a statutory, conceptual, and comparative approach to the regulations for assessing the Taxable Object Sales Value (NJOP) in several regions that have updated their land and building value databases. The research data was obtained through literature studies, regulatory reviews, and analysis of taxable object assessment practices based on the derivative provisions of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regi onal Governments, including the Minister of Finance Regulation concerning assessment guidelines. The research results show that the integration of the principles of fairness, transparency of assessment, and regular data updates in the Taxable Object Sales Value (NJOP) regulation has been proven to increase the contribution of Land and Building Tax to Regional Original Revenue (PAD) and strengthen regional fiscal capacity. Furthermore, the implementation of objective market-based assessments as mandated by Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments can reduce tax disparities between taxpayers and increase the legitimacy of regional tax collection. This research recommends the reconstruction of the Taxable Object Sales Value (NJOP) regulation through harmonization of regional regulations with Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, strengthening regional government assessment standards, and digitizing the land value information system to realize sustainable and equitable tax collection.
RECONSTRUCTION OF LAW ENFORCEMENT IN THE PROVISIONS OF ARTICLE 100 OF THE NEW CRIMINAL CODE CONCERNING THE DEATH PENALTY ON PROBATION FROM THE PERSPECTIVE OF VICTIMOLOGY
One form of extreme punishment used to deal with serious crimes is the death penalty, which is intended to provide a deterrent effect and protect the community. The history of this punishment shows that, although it has been around for a long time, its success in reducing crime rates is still questionable. Serious cases such as premeditated murder, treason, and extreme violence often involve detention. However, there is no evidence that these arrests are effective in reducing crime, especially corruption and drugs. In addition, human rights, especially the right to life guaranteed by the constitution, and the possibility of irreparable judicial errors after execution, have been a source of criticism. Indonesia uses the "The Indonesian Way" approach in Article 100 of the New Criminal Code, which establishes the death penalty as a last resort after ten years of probation. According to Article 100 (1) of the National Criminal Code, the execution of the death penalty is postponed for 10 (ten) years with two conditions: remorse and desire to repent and improve themselves, as well as the role of the death penalty defendant in the crime. In the National Criminal Code, the death penalty has advantages and disadvantages. The advantage is that the death penalty is regulated as an alternative crime and that execution of the death penalty is delayed, which makes it a middle ground between voters and opponents of the death penalty. The death penalty is the most severe punishment because it is only given to perpetrators of serious crimes such as premeditated murder. Thus, the death penalty shows that the perpetrator is responsible for his actions and has a deterrent effect. Meanwhile, the weakness of Article 110 paragraph (1) of the National Criminal Code is that there is no legal certainty about when the execution of the death penalty will have an impact on the execution of the death penalty pending the probation period. This causes the President's time limit to issue a ruling after considering the Supreme Court's considerations is not clearly regulated, and criminal cases become too long.
Justice and Utility in The Regulation of The Crime of Adultery in Law Number 1 of 2023
Developments in criminal law provide new insights into law enforcement in Indonesia. The enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP) is particularly interesting. One interesting aspect concerns the crime of adultery, which is punishable by criminal sanctions for unmarried couples upon a complaint from either party or their parents. These sanctions include imprisonment and fines, as stipulated in Law Number 1 of 2023. The legal research used is normative legal research. The purpose of this research is to provide insights into the adultery article from the perspective of legal objectives, namely justice and utility. The increasing number of adultery cases in Indonesia results in losses for all parties. Therefore, regulations regarding the crime of adultery can deter perpetrators or make them think twice before committing the act. Thus, legal objectives can be achieved in Indonesian society.
CRIMINAL LAW ENFORCEMENT AGAINST DOCTORS IN THE APPLICATION OF ARTICLE 308 OF THE HEALTH LAW
Medical healthcare services are tasks performed based on scientific knowledge and competencies acquired through formal, tiered education. Their goal is to restore and protect the health of the community, specifically patients within the scope of healthcare provision. A doctor's criminal liability arises when there is a medical malpractice, which involves errors in diagnosing and providing medical treatment. Patients who suffer harm may seek criminal accountability from doctors. The process of enforcing criminal law against doctors requires recommendations from the Professional Discipline Council to initiate an investigation by law enforcement officers. This, in turn, limits the authority of the police in conducting investigations in accordance with the Criminal Procedure Code (KUHAP). This study adopts a normative legal research method. Normative legal research is a type of legal study based on literature review, examining legal issues through an analysis of laws, including Law No. 17 of 2023, Law No. 8 of 1981, and other references related to the enforcement of criminal law against doctors under Article 308 of the Health Law. The findings of this research are as follows: First, the recommendation from the Professional Discipline Council may obstruct victims from accessing legal protection from law enforcement authorities, as the council only evaluates the application of medical discipline, not the role of law enforcement. Second, the Professional Discipline Council serves merely as an advisory body to law enforcement officers, as it is not a law enforcement agency and lacks the capacity to assess whether there is a legal error in healthcare services.
Optimalisasi Pengawasan Koperasi Dalam Perlindungan HukumDebitur dan Keberlanjutan Layanan Simpan Pinjam
Koperasi Simpan Pinjam (KSP) has a strategic role in Indonesia's economy as a Lembaga keuangan non-bank that provides savings and loan services to the public. This study aims to analyze the supervisory mechanism of Koperasi Simpan Pinjam in Indonesia and to examine the legal protection for debtors within the sistem Koperasi Simpan Pinjam. The research method used is normative legal research with a statutory approach and a contextual approach. Data were collected through literature review by analyzing statutes, legal literature, and related scientific journals. The results show that supervision of KSP is conducted through two lines, namely internal supervision by the Badan Pengawas Koperasi and external supervision by the Kementerian Koperasi dan UKM and the Otoritas Jasa Keuangan (OJK). Legal protection for debitur KSP is regulated in various laws including UU No. 25 Tahun 1992 tentang Perkoperasian, PP No. 9 Tahun 1995, and consumer protection provisions. However, in practice, there are still weaknesses in the implementation of supervision and law enforcement that may harm debtors. This study recommends strengthening coordination between supervisory agencies and increasing legal awareness among cooperative members.
LEGAL ANALYSIS OF THE STATUS OF INHERITANCE RIGHTS OF CHILDREN BORN FROM A SURROGATE MOTHER AGREEMENT REVIEWED ACCORDING TO POSITIVE LAW
Basically, regulations related to surrogacy do not have specific provisions governing surrogate mothers. Therefore, regarding the provisions of Article 127 paragraph (1) of the Health Law, there is an agreement with the provisions of Law Number 39 of 1999 in Article 10 paragraph (1), which states that in order to continue the lineage, a legal marriage is required. Therefore, from the perspective of Islamic law and civil law, a child born outside of a legal marriage only has a civil relationship with the mother and the mother's family. The child is not entitled to inheritance rights or support from the biological father. Therefore, in Islamic law, there is no "child of adultery"; there is only "a child born outside of a legal marriage" whose status is the same as a child born from a relationship between a man and a woman without the bonds of a legal marriage. Therefore, the status of an illegitimate child cannot be said to be a legitimate child. The method used in this writing is a qualitative research method with a normative juridical approach. The results of this study aim to relate to the policy of the Constitutional Court Decision No. 46/PUU-VIII/2010 concerning the review of Article 43 paragraph (1) of the Marriage Law regulates the recognition of civil relations between illegitimate children and their fathers, as follows: Children born out of wedlock have a civil relationship with their mother and their mother's family as well as with the man as their father who can be proven based on science and technology and/or other evidence according to the law to have a blood relationship, including a civil relationship with their father's family. Therefore, in the provisions of Articles 862 to 873 of the Civil Code regarding the conformity of the Civil Code regulations, inheritance only applies to illegitimate children who are recognized by their father and/or mother. Without recognition from the father and/or mother, illegitimate children do not have the right to inherit.
A PARADIGM SHIFT IN INDONESIAN FORESTRY LAW: ANALYZING THE SECURITY APPROACH OF PRESIDENTIAL REGULATION NO. 5 OF 2025
Forestry law enforcement in Indonesia faces chronic implementation challenges, rendering Law No. 41 of 1999 on Forestry ineffective in curbing the rates of deforestation and forest encroachment. This failure has created a momentum for the state to seek a policy breakthrough, which manifested in the issuance of Presidential Regulation No. 5 of 2025 concerning the Orderliness of Forest Areas. This research aims to critically analyze the paradigm shift and the philosophical tension arising between the Forestry Law as lex generalis and Presidential Regulation No. 5 of 2025 as a lex specialis intervention. Using a juridical-philosophical approach, this study examines the causal relationship between the phenomenon of institutional failure in civil law enforcement and the emergence of a policy response oriented towards a security approach. The main finding reveals that Presidential Regulation No. 5 of 2025 fundamentally alters the landscape of environmental law enforcement by establishing a Task Force predominantly led by the Minister of Defense and involving elements of the military (TNI) and police. Instead of strengthening the mandated civilian institution (Ministry of Environment and Forestry), this policy bypasses it, reflecting a symptom of "environmental securitization." This approach reduces the complex socio-ecological problems of forestry to mere issues of public order and the recovery of state revenue. In conclusion, this Presidential Regulation creates a structural and philosophical anomaly that risks being a symptomatic solution, ignoring root problems such as tenurial conflicts and systemic corruption, and potentially degrading civilian supremacy in natural resource governance.
JURISDICTIONAL CONFLICT AND CRIMINALIZATION OF ISLAMIC PHILANTHROPY DISPUTES: RECONSTRUCTION OF THE AUTHORITY OF RELIGIOUS COURTS TO SUPPORT DEVELOPMENT GOALS SUSTAINABLE DEVELOPMENT (SDGs)
One way to realize the SDGs in Indonesia is through Islamic philanthropy. However, there is a jurisdictional ambiguity between the civil authority of the Religious Courts and criminal law, which hinders this potential. This is evident in the tendency to criminalize philanthropic management disputes, using articles on fraud or embezzlement, often leading to asset confiscation and the interruption of social benefits. This reality is diametrically opposed to the ethos of the SDGs, including but not limited to SDG 1, which aims to eradicate poverty, and SDG 16, which aims, among other things, to create peace, justice, and strengthen law enforcement through stronger institutions. This research is a case study of a structural jurisdictional conflict between civil religious law and criminal law. Although Law Number 3 of 2006 on Religious Courts explicitly authorizes Islamic Philanthropy disputes to be resolved, law enforcement has practically transferred these cases to the General Courts through articles of the Criminal Code. This has created a systematic implementation vacuum and marginalized the constitutional competence of the Religious Courts, and is contrary to the principle of ultimum remedium. This jurisdictional conflict research uses a normative juridical method with a statutory, case, conceptual, and historical approach and is enriched by the theory of the rule of law, judicial power, Islamic personality, and progressive law. The novelty of this research is the model of authority reconstruction through a pre-judicial review mechanism, which "establishes the Religious Court as the 'constitutional guardian' of philanthropic assets in Indonesia." This model is oriented to establish the Religious Court as an institution authorized to conduct initial examinations of criminal reports of ZISWAF through the authority of religious civil law. This approach ensures legal certainty and demonstrates the effective function of Islamic philanthropy as a key pillar in sustainable development.
PROBLEMATIKA PENEGAKAN HUKUM SECARA PENAL TERHADAP KEGIATAN PENAMBANGAN GALIAN C DI WILAYAH HUKUM POLRES KAMPAR
Kegiatan penambangan galian dan C diatur dalam Undang-undang Nomor 3 Tahun 2020 Tentang Pertambangan Mineral dan Batubara, dalam Pasal 1 ayat (1) menyatakan Pertambangan adalah sebagian atau seluruh tahapan kegiatan dalam rangka penelitian, pengelolaan dan pengusahaan mineral atau batubara yang meliputi penyelidikan umum, eksplorasi, studi kelayakan, konstruksi, penambangan, pengolahan dan pemurnian, pengangkutan dan penjualan, serta kegiatan pascatambang. Kegiatan usaha pertambangan tersebut berasaskan manfaat, keadilan, dan keseimbangan, keberpihakan kepada kepentingan bangsa, partisipatif, transparansi, dan akuntabilitas, berkelanjutan dan berwawasan lingkungan demi kemajuan bangsa. Untuk itu dalam melakukan kegiatan usaha pertambangan harus diperlukan perizinan menjamin efektivitas pelaksanaan dan pengendalian kegiatan usaha pertambangan secara berdaya guna, berhasil guna, dan berdaya saing. Adapun tujuan penulisan artikel ini adalah untuk mengetahui Problematika Penegakan Hukum Secara Penal Terhadap Kegiatan Penambangan Galian C serta solusi yang diberikan dalam penyelesaian Problematika Penegakan Hukum Secara Penal Terhadap Kegiatan Penambangan Galian C Di Wilayah Hukum Polres Kampar. Jenis penelitian ini adalah penelitian hukum normatif. Sumber data berasal dari data sekunder yang terbagi menjadi tiga jenis data, yaitu bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier.
Balance Funds and SDGS in Riau Province: To What Extent Policies Support The Achievement of Sustainable Development Goals – An Approach Systematic Literature Review
This conceptual paper aims to systematically examine the relationship between fiscal balance policies and the achievement of Sustainable Development Goals (SDGs) in Riau Province, Indonesia. Using a Systematic Literature Review (SLR) of 35 scholarly articles published between 2018 and 2025, this study identifies integration patterns between local fiscal policy and sustainable development agendas. The analysis focuses on three major fiscal transfer instruments—the General Allocation Fund (DAU), the Special Allocation Fund (DAK), and the Revenue Sharing Fund (DBH)—and their links to economic, social, and environmental SDG indicators. The findings reveal that the effectiveness of fiscal transfers in promoting SDG achievements in Riau remains limited due to weak local fiscal planning capacity, fragmented cross-sectoral coordination, and insufficient alignment between local budgeting and SDG targets. This study recommends strengthening the integration of fiscal and sustainable development policies through transparent, data-driven, and results-oriented governance.
FACTORS INHIBITING MEDIATION AND THE IMPACT OF NON-IMPLEMENTATION OF MEDIATORS' RECOMMENDATIONS IN RESOLVING INDUSTRIAL RELATIONS DISPUTES
Mediation serves as a peaceful mechanism used by workers and employers when bipartite negotiations fail to produce agreement. Its core purpose is to reconcile disputing parties through the involvement of a neutral mediator who acts impartially to help achieve fair and balanced outcomes. Mediators authorized to assist in industrial relations disputes operate within official labor institutions, including the Riau Provincial Manpower and Transmigration Office. This study seeks to identify the inhibiting factors that hinder the effectiveness of mediation in resolving industrial relations disputes handled by the Riau Provincial Manpower and Transmigration Office, as well as to analyze the consequences that arise when mediator recommendations are not implemented by workers or employers. The research applies a sociological legal approach, characterized by direct observation and data collection through interviews at designated research locations. This approach enables the study to present descriptive findings that provide a clear and structured understanding of the central issues affecting the mediation process. The findings indicate that the primary obstacle in resolving disputes through mediation lies in the weak cooperation between workers and employers. High levels of ego and unwillingness to compromise from both sides impede the creation of mutually acceptable solutions, resulting in unsatisfactory mediation services. Furthermore, the failure to act upon mediator recommendations specifically those issued by the Riau Provincial Manpower and Transmigration Office leads to prolonged disputes between the parties. Such unresolved disagreements often escalate to the industrial court, which ultimately requires additional time, greater financial resources, and extended conflict for both workers and employers
FAITH BASE HIGHER EDUCATION : A SYSTEMATIC LITERATURE REVIEW OF FAITH BASED UNIVERSITY IMAGE STRATEGY
Article This aim study development and achievement latest study related to branding and image strategies institutions at faith-based universities . Approach systematic mapping study (SMS) and bibliometric study Scopus data -based used For identify trends , distribution publications , and structure collaboration researchers through analysis co-authorship use VOSviewer . SMS results show 130 documents fulfil criteria inclusion with publication beginning since 2000, dominated writer from America. Analysis bibliometrics show that cohesion collaboration writer start strengthen since 2023, Research This formulate 3 research questions that will be support search findings the latest one that is still can be explored in research furthermore
THE INFLUENCE OF CONSUMER TRUST ON CONSUMER LOYALTY TO CV EXCAVATOR GABRIEL GROUP
This study aims to determine and analyze the influence of consumer trust on consumer loyalty at CV Excavator Gabriel Group. The type of research used in this study is descriptive with quantitative methods. The study was conducted at CV Excavator Gabriel Group. Determination of the number of samples using purposive sampling with a total of 38 respondents . The research data source uses primary data collected from questionnaires and content by the research sample. Data analysis in this study uses SPSS assistance. The results of the study indicate that Consumer Trust has a simultaneous effect on Consumer Loyalty. Furthermore, the coefficient of determination (R square) value shows that consumer trust is classified as strong on consumer loyalty at CV Excavator Gabriel Group.
Pengaruh Keselamatan dan Kesehatan Kerja (K3) terhadap Kinerja Karyawan Bagian Produksi pada PT. Pelita Agung Agriindustri – ANAK di Dumai
Kesehatan dan Keselamatan Kerja (K3) memainkan peran penting dalam menciptakan lingkungan kerja yang aman. Dan produktif bekerja lingkungan. Dia pelaksanaan pergi di luar Kepatuhan terhadap peraturan; hal ini berfungsi sebagai pendekatan strategis untuk meningkatkan kesejahteraan karyawan dan efisiensi operasional. Studi ini bertujuan untuk meneliti pengaruh K3 terhadap kinerja karyawan produksi di PT. Pelita Agung Agriindustri – KID Dumai. Itu K3 variabel adalah berdasarkan pada Handoko's teori (2001), yang termasuk Empat indikator: lingkungan kerja yang aman, pendidikan dan pelatihan K3, tempat kerja yang sehat, dan layanan kesehatan. Sementara itu, kinerja karyawan dinilai menggunakan teori Robbins (2006) dengan lima indikator: kualitas kerja, kuantitas kerja, ketepatan waktu, efektivitas, Dan kemerdekaan. Ini riset mempekerjakan metode kuantitatif dengan sampel 30 karyawan produksi yang dipilih melalui metode sederhana Pengambilan sampel acak. Data dianalisis menggunakan regresi linier sederhana, uji-t, dan koefisien determinasi (R²). Hasil penelitian menunjukkan bahwa K3 (Keselamatan dan Kesehatan Kerja) memiliki pengaruh positif dan signifikan terhadap kinerja karyawan dengan kontribusi sebesar 58,5%. Hal ini menunjukkan bahwa praktik K3 yang lebih baik mengarah pada peningkatan kinerja karyawan. Oleh karena itu, penerapan program K3 secara konsisten dan berkelanjutan sangat penting tidak hanya untuk mengurangi kecelakaan kerja tetapi juga untuk mendukung produktivitas perusahaan secara keseluruhan .
FACTORS INFLUENCING GOVERNMENT EMPLOYEES INNOVATIVE BEHAVIOR : A QUALITATIVE STUDY IN PEKANBARU CITY
This study aims to explore innovative behavior among government employees in Pekanbaru City using the Theory of Planned Behavior (TPB) as an analytical framework. A qualitative approach was employed to gain an in-depth understanding of how attitudes toward innovation, subjective norms, and perceived behavioral control are interpreted and experienced by employees within a bureaucratic context. Data were collected through in-depth interviews and document analysis involving civil servants and structural officials in the Pekanbaru City Government. The findings indicate that innovative behavior emerges from a dynamic interaction between personal attitudes, social influences, and perceptions of structural opportunities and constraints. Positive attitudes toward innovation are generally grounded in beliefs about work efficiency, yet they are often accompanied by concerns regarding the risk of failure and bureaucratic consequences. Subjective norms, reflected in support from supervisors and colleagues, along with perceived behavioral control related to the availability of resources and autonomy, are understood as key elements in fostering innovative intentions. Furthermore, organizational context, particularly transformational leadership, psychological safety, and bureaucratic flexibility, plays an important role in translating innovative intentions into actual practices. These findings underscore that fostering innovation in the public sector requires a holistic approach integrating individual, social, and organizational dimensions.
THE INFLUENCE OF LEADERSHIP STYLE ON EMPLOYEE WORK MOTIVATION AT PT. PAWNSHOP (PERSERO) PANAM PEKANBARU BRANCH
Leadership has an important role in encouraging employee enthusiasm and performance so that the company's goals can be achieved with full integrity and trust for the common good. The leadership style applied by a leader can affect employee productivity, loyalty, and work motivation. PT. Pegadaian (Persero) Panam Pekanbaru Branch as a financial services company engaged in financing requires an effective leadership style to keep employees' work motivation optimal. This study aims to determine the influence of leadership style on employee work motivation at PT. Pegadaian (Persero) Panam Pekanbaru Branch. According to Thoha (2015:303), leadership style is a pattern of behavior applied by a person when trying to influence the actions or behavior of others according to their perception. Meanwhile, according to Sutrisno (2009:110), motivation is the result of interaction between individuals and certain situations, thus causing differences in motivational strength among individuals. This study uses a quantitative approach with a saturated sampling method, involving all 31 employees. The data analysis technique used SPSS version 27 through validity, reliability, simple linear regression, t-test, and determination coefficient (R²). The results showed that leadership style had a positive and significant effect on employee work motivation, with an R² value of 0.683 or 68.3%. It is suggested that the transactional leadership style applied continues to be improved with a balance between reward and supervision, as well as combined with a humanist and communicative approach.
THE ROLE OF ACTORS IN THE POLICY NETWORK IN THE MINAPOLITAN AREA IN XIII KOTO KAMPAR
Minapolitan is a concept of marine and fisheries-based economic development, grounded in the principles of integration, efficiency, quality, and acceleration. The Minapolitan area itself is part of a region that has a primary economic function consisting of production centres, processing, marketing of fishery commodities, services, and/or other supporting activities. The potential for fisheries business development in Kampar Regency is quite extensive and has considerable opportunities for development. The policy network in the context of Minapolitan also reflects collaboration between the government, local communities, and other stakeholders in the policymaking and implementation process. The purpose of this study is to explore and analyse the role of actors in the policy network in the Minapolitan area in XIII Koto Kampar. The approach used is qualitative. Informants include cross-sector stakeholders who play a role in the policy network of the Minapolitan area in XIII Koto Kampar. The results of the study indicate that the role of actors based on policy-making indicators has been effective, playing a part in formulating the direction, strategy, and regulations of the program. The coordinator indicator shows that there is integration between institutions/agencies and ensures the alignment of policy implementation. The facilitator indicator shows that there is a lack of training and assistance for the farming community. The implementer indicator shows that technical actors are available to run the Minapolitan program. Furthermore, the supporting indicators show that there are financial institutions, academics, and community groups that provide support for the implementation of this Minapolitan program, but the role of financial institutions in providing capital for fish farmers is not yet optimal. In the Minapolitan area, the development of efficient marketing channels is part of a broader policy network, which is a supporting indicator. The research findings show that synergy between actors in the policy network, in the form of coordination and communication, will strengthen the sustainability of the development of the Minapolitan area in XIII Koto Kampar.
STRENGTHENING DIGITAL GOVERNANCE IN THE IMPLEMENTATION OF DIGITAL POPULATION IDENTITY IN RIAU PROVINCE, INDONESIA
The transformation of public administration in the digital era demands robust digital governance to ensure effective, transparent, and inclusive service delivery. This study examines the implementation of the Digital Population Identity (IKD) program in Riau Province, Indonesia, as a strategic effort to enhance administrative efficiency and strengthen digital public management. Using a qualitative descriptive approach, data were collected through interviews, document analysis, and observation of local government institutions responsible for population administration. The findings reveal that while the adoption of digital identity systems has improved data integration and service accessibility, several governance challenges persist, including limited digital literacy among civil servants, inadequate technological infrastructure, and fragmented institutional coordination. Strengthening digital governance through capacity building, standardized data management, and clear regulatory frameworks emerges as a key determinant of successful digital identity implementation. This study underscores the importance of aligning technological innovation with governance reform to ensure that digital transformation contributes to public service efficiency, accountability, and citizen trust. The results provide practical insights for policymakers and local governments in developing countries seeking to optimize e-government initiatives through integrated and sustainable digital governance strategies.
ANALYSIS OF CHILD CUSTODY (HADHANAH) AFTER DIVORCE FROM THE PERSPECTIVE OF DHARURIYAH
Divorce is the dissolution of the physical and spiritual bond between husband and wife in building a happy and everlasting household based on the belief in Almighty God. Divorce is an act that is permitted but disliked by Allah, as it has a significant impact on family life, particularly on children. Children are a trust (amanah) given by Allah to their parents, entrusted to their care so that they may receive complete love and affection from both parents. Every child has the right to be educated, cared for, and nurtured by both parents, both in general and in accordance with religious teachings. Through religious education, a child becomes closer to Allah. Child custody (hadhanah), according to Article 1 paragraph (g) of the Compilation of Islamic Law, refers to the activity of caring for, maintaining, and educating a child until he or she reaches maturity and can manage his or her own affairs. The Qur’an also explains that as servants of Allah and believers, we are obliged to protect ourselves and our families (our children) from the fire of Hell. This is intended so that the children we raise become faithful and pious to Allah and His Messenger, and are not led astray into acts that incur Allah’s wrath. Instilling religious values in children from an early age is crucial so that they can protect and preserve their own faith, soul, and intellect. This will allow them to have peace of mind and sound reasoning, and to avoid moral damage or deviance resulting from the divorce of their parents.
RECONSTRUCTION OF LOCAL GOVERNMENT AUTHORITY IN GOVERNMENT EMPLOYEE MANAGEMENT WITH EMPLOYMENT AGREEMENTS (PPPK) BASED ON THE MERIT SYSTEM AFTER THE LAW – LAW NUMBER 20 OF 2023 CONCERNING THE STATE CIVIL SERVICE: A STUDY OF STATE ADMINISTRATIVE LAW
After the enactment of Law Number 20 of 2023 concerning State Civil Apparatus, there have been fundamental changes to the authority of local governments in the management of government employees with work agreements, with a focus on the implementation of the Merit System. This law requires the reconstruction of local government authority to align personnel management policies with the principles of a more rigorous and transparent merit system. The purpose of this study is to identify the reconstruction of local government authority in each PPPK management cycle and to evaluate the implications of these changes on the principles of regional autonomy and public accountability. This study uses a normative legal research method, with a statute approach and a conceptual approach. Primary legal materials, namely Law Number 20 of 2023, and secondary legal materials are analyzed qualitatively to find clarity of norms and consistency of regulations. The Civil Service Law strengthens the central role of the Central Government in determining the Norms, Standards, Procedures, and Criteria (NSPK) for PPPK management, which implies centralized supervision to ensure the uniform application of the Merit System nationwide. This reconstruction of authority shifts local governments from managers with broad discretion to designated technical operational implementers who must fully comply with the meritocracy standards set by the central government, including planning, recruitment, talent development, and performance appraisal. In terms of state administrative law, this reaffirms the principle of legality in regional personnel management and increases the accountability of local governments to avoid abuse of authority (detournement de pouvoir) in order to realize professional civil service management that is free from patronage practices.
Legal Protection of the Sakai Indigenous Community's Customary Land Rights in the Dispute with PT. Murini Wood Indah Industry
This study examines the legal protection of the customary land rights of the Sakai indigenous community in the context of a dispute with PT. Murini Wood Indah Industri. Customary rights are the collective rights of indigenous peoples to a specific area that are passed down through generations and have profound social, cultural, and economic significance. However, in practice, the legal recognition and protection of these rights are often unbalanced, particularly when they clash with corporate interests and large-scale development. This dispute case reflects an agrarian conflict influenced by the imbalance of power between indigenous communities and business entities. The study uses a normative-empirical legal method to understand law not only as written norms (law on books) but also as applied social reality (law in action). The results indicate several factors causing the dispute. First, the company cultivated customary land outside the HGU without permits or formal partnerships. Second, the indecisiveness of law enforcement officials and the courts in enforcing legally binding decisions has delayed dispute resolution. Third, the weak recognition and protection of indigenous peoples' rights in the field, despite being normatively guaranteed in the 1945 Constitution, the Basic Agrarian Law, and related sectoral regulations. Overall, legal protection for the customary rights of the Sakai community remains weak, both in terms of formal recognition and dispute resolution mechanisms. This dispute demonstrates the suboptimal implementation of the principle of social justice in natural resource management and the low bargaining position of indigenous communities within the national legal system. Therefore, regulatory strengthening, explicit legal recognition of customary land, and dispute resolution mechanisms that are fair, transparent, and in favor of human rights and local wisdom are needed. This research is expected to contribute to more responsive policies for the protection of indigenous peoples' rights.
STRATEGI PEMERINTAH PROVINSI RIAU DALAM MEWUJUDKAN TUJUAN PEMBANGUNAN BERKELANJUTAN UNTUK PENGENTASAN KEMISKINAN
This study aims to analyze the strategies of the Riau Provincial Government in achieving the Sustainable Development Goals, particularly Goal 1: No Poverty. Although Riau is endowed with significant natural resources, poverty remains a persistent issue in several districts, especially in rural and coastal areas that experience unequal development. This condition demonstrates the need for a comprehensive, integrated, and sustainable poverty alleviation strategy at the provincial level. The research employs a qualitative descriptive method through the analysis of policy documents, secondary data from the Central Bureau of Statistics (BPS), and relevant literature on SDG implementation at the local government level. The findings indicate that the Riau Provincial Government’s strategy consists of four main components: (1) environmental scanning to identify socio-economic conditions and root causes of poverty; (2) strategy formulation through the integration of poverty reduction programs into the Regional Medium-Term Development Plan (RPJMD) and the Regional Action Plan for SDGs (RAD SDGs); (3) strategy implementation through economic empowerment initiatives, improved access to basic services, and strengthened collaboration among government institutions, private sectors, and community groups; and (4) evaluation and control through monitoring of poverty indicators and program performance. The study reveals several supporting factors, including political commitment, regulatory frameworks, and stakeholder involvement, while inhibiting factors include regional disparities, limited integrated data, and economic dependence on extractive industries. Therefore, this study emphasizes the importance of strengthening governance, enhancing cross-sectoral synergy, and promoting policy innovation to ensure sustainable and inclusive poverty reduction efforts in Riau Province.
JURIDICAL REVIEW OF LAW ENFORCEMENT OF ONLINE GAMBLING CRIMES AS CYBERCRIMES BASED ON LAW NUMBER 1 OF 2024 CONCERNING INFORMATION AND ELECTRONIC TRANSACTIONS
The development of information technology in the digital era has given rise to various new forms of crime known as cyber crime, one of which is the practice of online gambling. These crimes not only violate legal and moral norms, but also cause serious social, economic, and psychological repercussions for society. These crimes involve perpetrators and victims from different countries and do not only occur domestically. This phenomenon shows that there is an increase every year in online gambling enthusiasts both among all ages regardless of the limits. For the eradication of online gambling, a strong criminal law policy is needed to handle and prevent cybercrime because the impact is real on losses in terms of finance and time. Based on Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE), this study investigates law enforcement against cyber crime perpetrators. In this study, a normative juridical approach is used, which evaluates the provisions of relevant laws and regulations and legal doctrines. The results of the study show that although the latest ITE Law provides a broader legal basis and adapts to technological developments, there are still several problems in its implementation, such as the inability of law enforcement officials in the field of digital forensics, overlapping regulations, and the lack of digital literacy of the community. Therefore, institutional strengthening, improving the technical capabilities of law enforcement officials, and updating legal policies are needed to respond to the development of cybercrime in the computer and internet era.
REVIEW OF CRIMINAL LAW ON LAW NUMBER 22 OF 2009 ARTICLE 24 JO ARTICLE 273 CONCERNING TRAFFIC AND ROAD TRANSPORTATION FROM THE ASPECT OF HUMAN RIGHTS
As mandated by the 1945 Constitution of the Republic of Indonesia, traffic and road transportation have a strategic role in supporting national development and integration in an effort to advance public welfare. As part of the national transportation system, traffic and road transportation must be developed their potential and role to realize security, welfare, traffic order and road transportation in order to support the national transportation system. The fact that accidents on the highway often occur is not only due to natural factors or the fault of the rider, but also due to the large number of damaged roads, such as potholes, cracks and uneven road surfaces. In many cases, motorists die from avoiding potholes, resulting in loss of life and property. As road operators, the government must be held criminally accountable for their inability to repair roads. This paper examines Law Number 22 of 2009 concerning Road Traffic and Transportation regulates law enforcement against road accidents caused by damaged roads. This law establishes criminal sanctions for road operators who do not repair damaged roads quickly. Thus, the perpetrator or the road operator can be held responsible in accordance with the law. However, those hopes are still limited to "discourse in the law" and questions about accidents caused by damaged roads, in which motorists are still the main suspects and continue to be. If we judge from the aspect of human rights, then everyone has the right to get legal certainty in the form of safety guarantees in traffic. This study shows that based on article 273 of Law Number 22 of 2009 concerning Road Traffic and Transportation, material criminal acts committed by road operators are considered impure passive criminal acts in the case of traffic accidents that have an impact on road damage. Because the formulation of Law Number 22 of 1999 concerning Road Traffic and Transportation article 240 letter b provides legal protection for motorists who have an accident due to road damage, people who are victims of road traffic accidents can file a lawsuit against the party that caused the loss. In addition, in Law Number 22 of 1999 concerning Road Traffic and Transportation, the criminal liability of road operators to the victims.
Strategic Efforts of Islamic Boarding Schools in Developing the Value Chain of the Halal Ecosystem in Dumai City
This research is motivated by the rapid growth of the global halal industry, which continues to expand, including in Indonesia. The Governor of Riau has designated Riau as one of the national halal destinations due to its strategic location near Malay countries. The development of the halal industry in Riau is supported by government policies that implement Islamic standards from upstream to downstream sectors. Islamic boarding schools (pesantren) as socio-economic entities play an important role in the value chain of the halal ecosystem. Dumai City, known as the “City of Dreams,” has been declared a halal industrial zone. However, the city faces five major challenges: drug abuse, promiscuity, HIV/AIDS, LGBT issues, and the spread of heretical teachings. These challenges contradict the vision of establishing a halal city. This study aims to analyze the efforts and roles of pesantren business units as drivers of the halal ecosystem capable of creating social change and influencing community behavior. Using a descriptive qualitative method involving three pesantren in Dumai City, the findings indicate that pesantren can serve as exemplary institutions in applying Islamic values to economic practices through the principles of honesty, justice, balance, trustworthiness, and the avoidance of riba(usury). Interviews also revealed that pesantren administrators instill four main principles in managing economic activities—honesty, trustworthiness (amanah), public benefit (maslahah), and freedom from riba. In conclusion, pesantren can serve as role models for the community in integrating Islamic values into economic activities and implementing sharia principles in everyday life.
MULTI-ACTOR COLLABORATION IN THE DEVELOPMENT OF TAMAN BUKIT GELANGGANG AS A SUSTAINABLE TOURISM DESTINATION IN DUMAI CITY
This study aims to analyze the forms and processes of multi-actor collaboration in the development of Taman Bukit Gelanggang as a sustainable tourism destination in Dumai City. Multi-actor collaboration is considered an important strategy for realizing inclusive, participatory, and sustainable tourism development. This research employs a qualitative approach with a descriptive method. Data were collected through in-depth interviews with various stakeholders, including local MSME actors around the park, visitors, private sector representatives (PT KLK, PT Sinarmas, Semen Padang, Bank Riau, Hotel Grand Zuri), community leaders, regional financial analysts, and several local government agencies such as UPT Taman Bukit Gelanggang, the Department of Spatial Planning (Petaru), Bappeda, the Environmental Agency, and the Department of Youth, Sports, and Tourism of Dumai City. The data were further supported by field observations and document studies. The findings reveal that multi-actor collaboration in the development of Taman Bukit Gelanggang is still at an early stage, with several notable achievements, such as private sector participation in providing infrastructure support and government initiatives to develop the area as an urban green open space and tourism destination. However, the collaboration still faces several challenges, including weak institutional structures, leadership that has not fully fostered synergy among actors, suboptimal cross-sector communication, limited budget, and uneven community participation. This study highlights the importance of strengthening institutional design, fostering collaborative leadership, promoting open communication, and encouraging active participation from all actors to achieve sustainable management of Taman Bukit Gelanggang. Well directed and systematic collaboration will transform the park into not only a recreational space but also a center for social interaction, creative economy development, and environmental conservation in Dumai City.
REFORMULASI HUKUM PEMBEBASAN HAK ATAS TANAH UNTUK KEPENTINGAN UMUM DALAM ASAS KEADILAN BAGI SELURUH MASYARAKAT BANGSA INDONESIA
Wujud nyata pembangunan Nasional merupakan pencerminan kehendak bagi seluruh rakyat Indonesia di muka bumi pertiwi, dan negara (nation), tentulah harus berupaya mengakomodir kehendak rakyat, karna dalam cita – cita Demokrasi, rakyatlah yang berkuasa, rakyatlah yang berkehendak atau kalau kita pinjamistilaf demokrasi adalah meletakkan kekuasaan negara itu pada rakyat, atau lagi demokrasi juga mempunyai arti dari rakyat, oleh rakyat dan untuk rakyat. Tanah merupakan salah satu jenis benda tetap yang memiliki kedudukan yang sangat penting dalam tata kehidupan masyarakat. Terlebih lagi ketika era modernisasi, segenap lintasan mulai dipacu, peranan tanah semakin mengedepan. Pada gilirannya nilai tanah menjadi semakin tajam dialami oleh masyarakat kota yang tingkat pertumbuhannya semakin pesat, sehingga kebutuhan terhadap tanah menjadi bertambah rumit dan langka (Akh. Munif, 2009: ivv) Tanah dan pembangunan merupakan satu kesatuan yang tidak dapat dipisahkan. Selain itu tanah juga mempunyai fungsi sosial, dalam arti tanah yang dimiliki oleh seseorang tidak hanya berfungsi bagi pemilik hak itu saja, akan tetapi juga bagi bangsa Indonesia secara keseluruhan. Sebagai konsekuensinya penggunaan tanah tersebut tidak hanya berpedoman pada kepentingan dari pemegang hak, tetapi juga harus mengingat dan memperhatikan kepentingan masyarakat. Oleh karena itu dapat dikatakan tanah mempunyai fungsi ganda, yaitu sebagai social asset dan capital asset. Berdasarkan kewenangan yang dimiliki oleh pemerintah dalam mengatur bidang pertanahan, sesuai dengan amanat Pasal 33 ayat 3 UUD 1945 yang menegaskan bahwa: “Bumi, air dan kekayaan alam yang terkandung di dalamnya dikuasai oleh negara untuk dipergunakan bagi sebesar-besarnya kemakmuran rakyat”. Kemudian pemerintah menindaklanjutinya dengan menerbitkan Undang- undang Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-pokok Agraria (UUPA).
SANCTIONS ACCORDING TO INDONESIAN BUSINESS COMPETITION LAW POST JOB CREATION LAW: HAS IT REFLECTED THE LAW AS SOCIAL CONTROL?
After the job creation law, the provisions for sanctions for violations of the law on the prohibition of monopolistic practices and unfair business competition have changed significantly. The provisions for administrative fine sanctions, for example, have undergone significant changes. This change has attracted the attention of researchers who study from various aspects, including from the accounting aspect. In law, there is one of the famous theories, that law is a tool of social control in order to better people's behavior. Based on that, the author sees that this study is important to be carried out so that the researcher will produce ideal conclusions and recommendations for future business competition law reform. This research is a normative legal research with a legislative, conceptual, and theoretical approach. The results of the study show that sanctions according to the business competition law after the job creation law do not support the functioning of the business competition law to achieve positive changes among business actors according to the purpose of the law to prevent the occurrence of monopoly practices and unfair business competition. The author suggests that the provisions of the fine sanction be reviewed and reviewed in the reform of the business competition law in the future so that the business competition law is able to form behavior and culture that prioritizes healthy business competition so that it has high competitiveness in the era of globalization.
DEVELOPMENT OF PLURALISTIC RURAL GOVERNMENT WITHIN THE PANCASILA IDEOLOGY IN INDONESIA
The importance of rural development with a pluralistic socio-cultural approach in the Indonesian rural government system. Formulation, As a research objective how development and public services can be implemented effectively in a highly pluralistic society, consisting of various ethnic groups, and adhering to various religions and beliefs in the Pancasila Ideology system and the 1945 Constitution. The research procedure uses survey and collaborative participatory methods with target groups. With qualitative analysis. The research location is in 2 Villages 2 Indragiri Hilir Regency and Kampar Regency as a Sample of Riau Province. The results of the study show that Tribe, Religion, Race, and Inter-Group (SARA) are an inseparable part that is always present and well maintained in the social and cultural life of rural communities in Indonesia. The existence and dynamics of rural communities are maintained, growing mutual understanding, tolerance, prosperity and fair treatment. The formal structure of village government becomes an "official framework" where the representation of the interests of citizens of various ethnicities, religions, and social classes can be accommodated through role placement mechanisms, deliberation procedures, and accountable decision-making. While there is no uniformity in naming villages, there is a uniform organizational structure for village government in Indonesia, while still recognizing differences and the rights of local socio-cultural origins. The concept of differences between ethnicities, religions, races, and groups, which are pluralistic, does not contribute to conflicts in filling government positions in Indonesian villages. Political pluralism believes that power should not be concentrated in one group. Public decisions should ideally be the result of competition and negotiation between different interest groups, while maintaining equal access. Formal and informal figures have been found to be unifying factors in government pluralism in village development in Indonesia. The independence of public services in pluralistic rural communities in Indonesia is a concept that emphasizes the importance of public services that are free from political, religious, or group influence. A consistent strategy is needed to implement the principles of pluralistic governance in development and public services in rural Indonesia, namely: transparency, accountability, responsiveness, independence, fairness, and justice.
LEGAL PROTECTION OF THE MEDICAL PROFESSION IN THE EXERCISE OF MEDICAL ACTIVITIES FROM A CRIMINAL LAW PERSPECTIVE
The medical profession carries a significant responsibility in providing healthcare services to the public. However, in practice, doctors frequently encounter legal challenges, including accusations of medical crimes that can arise from their medical procedures. Therefore, legal protection is essential for doctors to carry out their professional duties safely and without worry. Problem Formulation: First, how is the implementation of legal protection for the medical profession according to the provisions of laws and regulations in Indonesia? Second, what are the forms of obstacles faced in efforts to provide legal protection to doctors when performing medical procedures? Research Objectives: First, to identify, study, and analyze the implementation of legal protection for the medical profession based on Indonesian laws and regulations. Second, to identify, study, and analyze obstacles to the implementation of legal protection for the medical profession in performing medical procedures. Research method: The researcher uses a normative juridical method, and to complement this research, the researcher uses an empirical/sociological method as an addition. Conclusion: First. There are many regulations related to the protection of the medical profession in carrying out medical procedures, such as: Article 27 of Law Number 36 of 2009 concerning Health, Article 24 of Government Regulation Number 32 of 1996 concerning Health Workers, Article 4 of Law Number 36 of 2014 concerning Health, Article 50 of Law Number 29 of 2004 concerning Medical Practice, Article 57 of Law Number 36 of 2014 concerning Health Workers. The results prove that all of these regulations do not support each other, but rather overlap and cannot be used as a strong guarantee for the medical profession. Second, the obstacles created, such as statements from police officers, prosecutors, professional organizations and others, apparently do not solve the problem of protecting the medical profession in seeking justice for the medical profession, because of the egos of each of them.
IMPLICATIONS OF LIFE IMPRESSION ON THE COMMUNITY SYSTEM IN INDONESIA
Many non-specialist legal experts are perplexed by the Indonesian Criminal Code since it does not include a maximum life sentence. As a substitute for the death penalty, courts in Indonesia often impose life sentences with the proviso that the defendant remains incarcerated indefinitely until he dies, as stated in Article 12 paragraph (1) of the country's criminal code. Both inflict mental and bodily pain on the incarcerated individual. We pose the research challenge in the following way: In the first place, how has the death penalty affected Indonesia's penal system? The second question is on the structure of life sentences under Indonesian law. One goal of this study is to analyze how Indonesia's penal system has changed since the death penalty was instituted. Furthermore, we need to know how life sentences are drafted under Indonesian criminal law. The research methodology used is known as normative legal research or library research, specifically referring to legal research that involves the examination and study of library resources. Final findings from the study. To begin, there are a number of inconsistencies between the rules laid forth in Indonesia's Criminal Code and Corrections Law and the realities within Indonesia's correctional facilities as a result of the life sentence policy. Second, the establishment of the life sentence as a criminal penalty in Indonesia. There are two kinds of jail terms outlined in Article 12 paragraph (1) of the Criminal Code, both of which entail life sentences, as stated in the Criminal Code (KUHP). According to Article 12 paragraph (4) of the Criminal Code, a life sentence indicates that the prisoner will be imprisoned until death, with a maximum term of twenty years.
DECONSTRUCTION OF CRIMINAL PUNISHMENT FOR CHILDREN: A PHILOSOPHICAL, LEGAL, AND SOCIOLOGICAL STUDY
The criminalisation of children in conflict with the law still leaves many issues unresolved because law enforcement practices are not yet fully aligned with the principle of child protection, which treats children as individuals in the process of development. The high rate of juvenile delinquency in Tasikmalaya and Cianjur shows that juvenile crime is a multidimensional issue with internal factors such as family dysfunction, trauma, and weak self-control, as well as external factors such as a permissive social environment, peer influence, and structural pressure. This study aims to deconstruct the paradigm of child punishment through philosophical, juridical, and sociological analysis to assess the suitability between the ideal values of the SPPA Law and its implementation in the field. The research method used a qualitative approach with a constructivist paradigm combined with a normative-empirical approach through regulatory review, literature study, case analysis, limited interviews, and field observations in Cianjur Regency and Tasikmalaya City. The results of the study reveal a discrepancy between the principle of restorative justice in the SPPA Law and the practice of punishment, which is still retributive in nature, influenced by a lack of rehabilitation facilities, a lack of understanding among officials, weak coordination between institutions, and other structural and cultural barriers. This study emphasises the need for comprehensive reform through strengthening diversion, providing child-friendly facilities, increasing the capacity of officials, and formulating regional policies based on restorative justice to realise sentencing that is oriented towards guidance, protection, and social reintegration of children.
KEDUDUKAN HUKUM SKGR SEBAGAI JAMINAN HUTANG PIUTANG DALAM PERSPEKTIF AGRARIA DAN PERDATA
The Statement of Compensation Letter (Surat Keterangan Ganti Rugi or SKGR) serves as proof of land possession and is usually issued by a village head or subdistrict head, particularly in areas not yet reached by the National Land Agency’s (BPN) land certification program. In practice, SKGR is often used as collateral in loan agreements, raising legal concerns because it is not recognized as valid evidence of land ownership under the Basic Agrarian Law No. 5 of 1960 and its implementing regulations. This study aims to examine the legal status of SKGR when used as collateral, analyze its implications for the protection of landowners’ rights, and review the judicial considerations in Decision No. 254/PDT.G/2021/PN Pekanbaru. The research applies a normative-empirical juridical approach, combining statutory analysis, legal doctrines, and court decision studies. The results show that SKGR functions merely as proof of land possession and cannot be considered conclusive evidence of ownership. Its use as collateral therefore carries substantial legal risk. Legal protection for SKGR holders remains weak due to the absence of clear regulations defining its position within Indonesia’s agrarian law system. The court’s reasoning in Decision No. 254/PDT.G/2021/PN Pekanbaru also affirms that SKGR does not have equal legal standing with land certificates and thus fails to ensure legal certainty in loan transactions. This study concludes that specific regulation is required to strengthen the legal status of SKGR and to guarantee legal certainty and balanced protection for both landowners and creditors.
ECOCIDE CRIME AND THE URGENCY OF CODIFICATION IN NATIONAL CRIMINAL LAW: TOWARDS ENVIRONMENTAL PROTECTION AS A COLLECTIVE RIGHT
Large-scale environmental destruction, or ecocide, has gained significant attention in both international and national legal discourse due to its systemic, far-reaching, and intergenerational impacts. Although Indonesia possesses environmental legal instruments, including Law No. 32 of 2009 on Environmental Protection and Management and the criminal provisions within the new Criminal Code (KUHP), there is still no explicit regulation on ecocide. This legal vacuum creates an impunity gap for corporations and individuals committing massive ecological damage. This article examines the urgency of codifying ecocide in Indonesia&#39;s national criminal law, employing a normative-juridical approach supported by John Rawls&#39; theory of justice, Phillipus M. Hadjon&#39;s theory of legal protection, and theories of criminalization developed by R.A. Duff and Douglas Husak. Comparative analysis with Ecuador, Bolivia, Belgium, and France further demonstrates the global trend of recognizing ecocide as an extraordinary crime equivalent to genocide and crimes against humanity. Case studies of Indonesian forest fire rulings (e.g., PT Kallista Alam and PT Adei Plantation) illustrate the normative weaknesses in current environmental law enforcement. This study finds that codification of ecocide is urgent not only to ensure repressive sanctions but also to strengthen preventive and educational functions of criminal law. The normative recommendations emphasize progressive legislation that recognizes ecocide as a serious crime, targeting individuals, corporations, and even state actors, in order to guarantee environmental protection as a collective constitutional right for present and future generations.
PERLINDUNGAN HUKUM TERHADAP HAK RESTITUSI KORBAN PENIPUAN DAN ATAU PENGGELAPAN DI INDONESIA
Article 7A paragraph (1) letter b of Law Number 31 of 2014 concerning Protection of Witnesses and Victims, that victims of criminal acts have the right to obtain restitution in the form of compensation for losses incurred due to suffering directly related to the consequences of the crime, but this has not been implemented in several jurisdictions of the Unitary State of the Republic of Indonesia for victims of fraud and/or embezzlement. Research objectives To analyze legal protection of the right to restitution for victims of fraud and/or embezzlement in Indonesia; To analyze inhibiting factors and efforts to overcome these obstacles. The research method is normative legal research with a statutory and case approach; data sources are secondary data consisting of primary, secondary and tertiary legal materials; data analysis is qualitative with inductive conclusions. The results of the research are First, legal protection of the right to restitution for victims of fraud and/or embezzlement in Indonesia has not been implemented properly where there are still perpetrators of criminal acts of fraud and/or embezzlement in Indonesia who do not provide restitution rights to their victims. Second, inhibiting factors and efforts to overcome obstacles in the legal protection of the right to restitution for victims of fraud and/or embezzlement in Indonesia. is the inability of the perpetrator to compensate the victim&#39;s material losses in restitution. The victim&#39;s efforts to receive any compensation for material losses from the perpetrator and the perpetrator is responsible for carrying it out; The procedure for submitting a restitution application is complicated and there are many requirements. The government&#39;s efforts to simplify regulations related to the procedures and requirements for submitting a restitution application; The perpetrator&#39;s low legal awareness where the perpetrator considers the court&#39;s decision regarding restitution to be a default on compensation arising from the crime that occurred and it is impossible for re-conviction to be carried out (Ne bis in idem). The panel of judges&#39; efforts include in their decision that if restitution is not carried out, a replacement in the form of an additional prison sentence will apply to the perpetrator..
THE CONSTITUTIONAL MANDATE: EDUCATING THE NATION SOCIAL JUSTICE AND THE RIGHT TO EDUCATION IN LINE WITH THE UN SDGS
The constitutional mandate of Indonesia, which emphasises the goal of “enlightening the life of the nation”, embodies the philosophical foundation of education as a social right and a cornerstone of national progress. This study examines how educational justice and equal access to quality education align with the United Nations Sustainable Development Goals (SDGs), particularly Goal 4: Quality Education. Through a comparative analysis between Indonesia, Singapore, and Australia, this paper explores the implementation of educational equity, policy structures, and learning outcomes. The findings highlight that while Indonesia has achieved significant progress in expanding access, disparities remain in quality assurance, resource distribution, and inclusivity. The research concludes that constitutional values must be continuously reinforced through equitable and sustainable educational policies aligned with SDG principles.
CERTIFICATION OF OLD-AGED AND YARD TREES AND THE PROVISION OF ECONOMIC INCENTIVES FOR OWNERS AS A FAIR COMPENSATION FOR ENVIRONMENTAL SUSTAINABILITY GUARDIANS
Efforts to maintain environmental quality are mandated for both the state and its citizens under the 1945 Constitution of Indonesia, particularly Article 28H and Article 33 paragraph (4). These principles align with the global Sustainable Development Goals (SDGs), especially in protecting the environment through the conservation of old-aged trees and privately owned yard trees. This paper examines the necessity of establishing a certification framework for such trees as a legal foundation for granting financial incentives to their owners. These incentives are viewed as a fair recognition of their contributions to clean air provision, carbon absorption, ecological stability, and the prevention of illegal logging. Using a normative juridical method supported by statutory, conceptual, and comparative approaches, this study reveals the absence of any regulations that specifically address legal protection or economic benefits for tree owners outside state forest zones. Certification of individual trees may function as a legal innovation consistent with ecological justice and green economy principles. Implementing this certification mechanism could form the basis for measurable and fair fiscal incentives or environmental compensation. Ultimately, this policy strengthens public legal awareness and supports long-term environmental sustainability.
PERAN BUDAYA HUKUM DALAM PENGUATAN GOOD GOVERNANCE UNTUK MENDUKUNG AGENDA SDGs
The role of legal culture in strengthening good governance has become increasingly crucial in realizing the Sustainable Development Goals (SDGs). This normative legal research aims to analyze the extent to which the internalization of legal culture can reinforce the implementation of good governance principles in public institutions. By employing a conceptual and statutory approach, this study reviews relevant legal frameworks and theoretical perspectives that connect the dimensions of legal culture—such as compliance, awareness, and participation—with governance principles of transparency, accountability, and justice. The findings indicate that a strong and progressive legal culture serves as a foundation for the creation of clean, participatory, and just governance practices. Conversely, a weak legal culture often leads to inefficiency, corruption, and lack of accountability. Therefore, strengthening legal culture through education, institutional reform, and legal socialization is an essential strategy in supporting the achievement of SDG 16, which emphasizes peace, justice, and strong institutions.
THE USE OF DIGITAL FORENSICS IN REVEALING INFORMATION AND ELECTRONIC TRANSACTION (ITE) CRIMES
Currently, the most common crimes in society are the manipulation and fabrication of digital evidence. The use of digital forensics to spread disinformation or hoaxes can be carried out by anyone. These crimes can occur due to several main factors related to the development of digital technology, regulations, the political situation, and understanding of the internet world. Information and Communication Technologycrimes can also occur due to a combination of technological developments, lack of digital literacy, economic motives, regulatory weaknesses, and the existence of security holes in digital systems. Therefore, preventing information and communication technology crimes requires a cooperative approach, including increasing digital literacy, strengthening regulations, improving information and communication technology security systems, and international cooperation in enforcing digital law. From the results of the author's research, in handling cases of crime in the field of Information and Electronic Transactions, digital evidence has a legal standing as evidence even though it is not explicitly mentioned in the Criminal Procedure Code, with further regulations in the ITE Law that recognizes the validity of digital evidence such as electronic information, electronic documents, hardware and software. Success in digital forensic analysis requires strict procedures in the collection, analysis of deleted data, and metadata recovery, with the aim of maintaining the authenticity of the evidence. To optimize the use of digital forensic tools, such as UFED Cellebrite, in the Riau Regional Police, it is necessary to improve human resource competency through training and certification, optimize the use of devices by utilizing advanced features, and collaboration with other institutions.
GOOD FAITH IN THE EXERCISE OF THE NOTARY OFFICE ACCORDING TO THE NOTARY OFFICE ACT IN CASES OF THE CRIMINAL OFFENSE OF DOCUMENT FORGERY
A notary is a public official authorized by the state to draw up authentic deeds which possess full evidentiary strength. This position makes the notary an essential part of the legal system in ensuring legal certainty, protection, and order in society. However, this significant responsibility also carries legal risks, one of which is the allegation of document forgery. In practice, forgery cases involving notaries generally arise from the misuse or falsification of documents submitted by the parties. A notary, who relies solely on the data and information provided by the appearers, is often implicated in criminal issues even though they are not directly involved in the act itself. This situation creates legal uncertainty and injustice for the notarial profession. This study aims to analyze the implementation mechanisms and legal protection of the notary’s office in cases of document forgery, as well as to identify the effectiveness and weaknesses of such legal protection. The approach used is normative legal research with a qualitative nature through literature studies, field surveys, and interviews with notaries and related parties. The findings indicate that legal protection for notaries in cases of alleged document forgery has essentially been regulated under the Notary Office Act, particularly Article 66 of the Act. However, its implementation still faces obstacles in the form of unclear and imprecise provisions of the Act in protecting notaries during the criminal process, including investigation, inquiry, prosecution, and trial in court. The results of this research are expected to provide input for improving or adding special articles to the Notary Office Act. Thus, effective legal protection for notaries not only safeguards the continuity of the profession but also supports the creation of a fair legal system and better legal services for society.
RECONCEPTUALISATION OF NOVATION IN CONTRACT LAW: A REVIEW OF THE PRACTICE OF CONVERTING LOCAL GOVERNMENT PROJECT AGREEMENTS INTO SHARES
Novation, as a form of contract termination, plays an important role in addressing obstacles to local government project development due to default or force majeure. Novation has legal consequences not only for the legal relationship between the parties but also for the subject matter of the contract that had previously been established. This study plays an important role in examining: (1) the reconceptualisation of novation through share conversion from a contract law perspective; and (2) the form of novation in the conversion of local government project agreements into shares. The approach used in this research is juridical, descriptive analytical research specification, and the types and sources of data consist of secondary data supported by primary legal materials, secondary legal materials, and tertiary legal materials. Data analysis is conducted qualitatively. The results of the study show that the concept of novation is no longer only interpreted as the replacement of debt with debt, but there is a transformation of the form of agreement into a different type of legal relationship through capital/share ownership in a company. The conversion of local government project agreements into shares falls under objective novation, as well as passive subjective novation and passive subjective novation.
TRANSFORMATION OF CRIMINAL LAW IN ADDRESSING CYBERCRIME IN E- COMMERCE TRANSACTIONS WITHIN THE JURISDICTION OF RIAU REGIONAL POLICE
The rapid development of digital technology has significantly transformed the economic, social, and legal structures of modern society. The growth of e-commerce has shifted transaction patterns from conventional to fully digital ecosystems. This shift has led to new, complex, and transnational cybercrimes. This research aims to analyze the transformation of criminal law in addressing cybercrime in e-commerce transactions and to evaluate law enforcement mechanisms within the jurisdiction of Riau Regional Police. Using a juridical- empirical method, this study combines normative legal analysis of Law No. 11 of 2008 concerning Electronic Information and Transactions (ITE Law) with field data collected in 2025. The findings reveal that law enforcement officers face constraints, including limited human resources, lack of digital forensic expertise, and weak institutional coordination. A comprehensive reform of criminal law and strengthened digital governance are urgently needed to establish an adaptive and just criminal justice system.
THE EFFECT OF GAMEPLAY PATENTS BY NINTENDO ON THE GAME INDUSTRY BASED ON A STUDY OF GRANTED PATENT US12403397
The phenomenon of Intellectual Property Rights has grown rapidly, currently the separate grouping of IPR is no longer considered able to protect innovative works, so the idea emerged by including or mixing elements of IPR categories with others, such as computer programs can be objects for patent registration because they have met the requirements for patents, namely new, have inventive steps and are applied in the Industry. Currently, patents registered by Nintendo and the Pokemon Company are a concern for video game makers and gamers, this is because there are issues of patents that have been granted or legally protected by patents and there are already certificates that include ownership of gameplay or how to play video games related to Pokemon games in the form of how to catch monsters, ride monsters and issue or summon monsters (monster summoning). This will force game companies to change the game play system to avoid patent lawsuits from Pokemon and Nintendo companies. For gamers and game makers, this is a concern because it is assumed that it will affect other games, especially indie games and gamer satisfaction in playing games will be reduced due to patents from Nintendo and Pokemon.
MEREFORMASI KONSEP PARATE EXECUTIE TERHADAP OBJEK HAK TANGGUNGAN YANG MENJAMIN KEPASTIAN HUKUM, KEADILAN, KEMANFAATAN
One way to enforce a debt security is through parate executie, which involves selling the debtor’s mortgage under their own power without obtaining a fiat from the Chief Justice. In practice, parate executie does not meet the legal requirements, as it isi considered an un lawfull act. Consequently, creditors are deprived of convenience, legal certainty, justice and benefits. This study aims to reform the concept of parate executie for mortgages, which provides legal certanty, justice and benefits for creditors. This study primarily employs normative legal research methods, empolying a statute approach and a case approach. The finding indicate that the obstacles to emplementing parate executie are objective weaknesses, namely inconsistent statutory provisions and inconsistent interpretations of parate executie implementation, which subsequently lead to court decisions, jurisprudence, and the supreme Court’s circular letter (SEMA) requiring execution by court fiat. The next obstacle is the subjective weakness, namely that creditors often do not immediately collect debts so that the amount of debt is getting bigger, and the next subjective weakness is the frequent resistance from the debtor. That is whay there is a need for a reforms of the concept of parate execution of mortgage rights on land based on the values of legal certainly, justice and benefit which is carried out by repositioning the main objective of implementing parate execution, namely providing convenience for creditors throught the placement and fulfillment of the rights and obligation of the parties as the main objective, as well as revitalizing the legal aspect through synchronization of statutory regulations, and fulfilment of implementing regulations.
FULFILLMENT OF THE POLITICAL RIGHTS OF PERSONS WITH DISABILITIES FROM A CONSTITUTIONAL SCIENCE PERSPECTIVE: A CONSTITUTIONAL ANALYSIS OF SOCIAL, CULTURAL, AND POLITICAL DISCRIMINATION IN INDONESIA
This research examines the fulfillment of political rights for persons with disabilities from the perspective of constitutional law, focusing on constitutional analysis of social, cultural, and political discrimination experienced by this group in Indonesia. Despite the 1945 Constitution of the Republic of Indonesia guaranteeing universal political rights to all citizens without exception, including persons with disabilities, the reality on the ground shows various forms of denial of the principle of equality before the law and government. Conceptually, the state has a constitutional obligation to protect, respect, and fulfill these rights, especially within the framework of a democratic state that upholds human rights. This research uses a normative-juridical and socio- constitutional approach with descriptive qualitative methods based on document studies, case analysis, and participatory observation of election implementation and political accessibility in various regions. The main findings show that the implementation of political rights for persons with disabilities still faces systemic barriers, such as inaccessible polling stations, inaccessible political information (especially for the blind, deaf, and intellectually disabled), and low involvement of political parties in promoting disability candidates. This is exacerbated by cultural stigma that views persons with disabilities as incapable, unworthy, and unimportant in public decision-making. This discrimination is not only social but also institutionalized in the political process. From the perspective of constitutional law, this condition reflects the state's failure to implement the principle of inclusive constitutionalism. Therefore, the state must fulfill positive obligations through affirmative policies, legal reform, and strengthening independent human rights institutions. This research highlights the importance of integrating disability rights into the structure of constitutional law norms, including through judicial review and the formation of new norms based on the Convention on the Rights of Persons with Disabilities (CRPD). Furthermore, this research proposes the establishment of an independent Regional Disability Commission with a mandate to oversee the implementation of political rights for persons with disabilities. Collaboration between disability organizations, academics, and the government is key to achieving structural reform in the national political system. The fulfillment of political rights for persons with disabilities must be a primary parameter of the Indonesian state's success in eliminating discrimination and ensuring social justice for all citizens.
Ecocide as the Fifth International Crime and the Urgency of Recognition in Indonesian Environmental Criminal Law
This study examines the urgency of recognizing ecocide as the fifth core international crime and its implications for Indonesian environmental criminal law. While the Rome Statute currently recognizes four core crimes genocide, crimes against humanity, war crimes, and the crime of aggression scholars and international movements increasingly advocate for the inclusion of ecocide, considering the scale and severity of environmental destruction. In Indonesia, the enactment of the 2023 Criminal Code has introduced a new configuration of environmental crimes, yet it has not fully addressed the concept of ecocide as a crime of international concern. This research employs a normative legal method, adopting statutory, conceptual, and comparative approaches. The nature of the study is descriptive-prescriptive, aiming both to describe the existing legal framework and to provide recommendations for legal reform. The data collected were analyzed using content analysis to evaluate statutory provisions, doctrinal debates, and comparative legal practices in several jurisdictions. The findings highlight that recognition of ecocide within Indonesian law would not only strengthen environmental protection domestically but also align Indonesia with global efforts to achieve Sustainable Development Goals, particularly in relation to climate action, peace, justice, and the protection of ecosystems.
ILLEGAL ORGAN TRANSPLANTATION AS A MODUS OPERANDI OF TRAFFICKING IN PERSONS: A LEGAL AND HUMAN RIGHTS ANALYSIS OF VICTIM PROTECTION
This study aims to first analyze the juridical construction of illegal organ transplantation as a modus operandi of human trafficking in the Indonesian positive legal system; and second, to examine the form and effectiveness of legal protection for victims of illegal organ transplantation within the framework of health law and the Law on the Eradication of Trafficking in Persons. The method used in this paper is a normative juridical method, with a legislative approach. The results of this study are that the construction of criminal law regulations against illegal organ transplantation in Indonesia has not been built as a complete and independent legal regime, but is spread across various sectoral laws and regulations and the effectiveness of legal protection for victims of illegal organ transplantation in Indonesia is still normative-symbolic, not yet transformational. The state has banned its acts, but has not adequately guaranteed the recovery of victims and the breaking of the cycle of exploitation. This condition shows the urgency of reforming criminal law policies that not only place illegal organ transplantation as a serious crime, but also integrate a comprehensive approach to victim protection through strengthening victim identification, restitution, rehabilitation, and cross-sectoral and cross-country cooperation.
Insurance Regulation Updates in Facing Insurance Developments
The insurance business contributes to Indonesia's progress by protecting individuals and businesses from financial risks and channeling public funds into productive investments that support national economic growth. Insurance can provide a sense of security, enabling individuals and companies to operate more stably and boldly in taking business risks, while the collected funds are channeled into various investment instruments that stimulate economic development. Essentially, insurance is a financial service product that offers risk transfer services, so the main function of insurance is to transfer risk from the Insured to the Insurer. The current development of the insurance business brings significant changes that can bring innovation and convenience for consumers, but the development of the insurance world is not in line with existing regulations, which can give rise to problems in the future, so that the need for renewal of insurance regulations that govern the development of insurance. The purpose of this study is to determine insurance regulations in facing the development of insurance and to understand the development of insurance to the needs of the community. The type of research used is a juridical-normative with a legal history and legislation approach. The data used is secondary data. Qualitative methods are used to analyze and describe the data descriptively. The research results show that insurance regulations, in response to the development of insurance, still rely on existing insurance regulations, namely Insurance Law No. 40 of 2014 concerning Insurance Business and Financial Services Authority Regulation No. 13/POJK.02/2018 concerning Digital Financial Innovation, which regulates technology insurance. These regulations are still insufficient to regulate all insurance provisions adapted to business developments in Indonesia. The development of insurance to meet public needs can be seen in the increasing public interest in insurance.
LEGAL ANALYSIS OF LEGAL STANDING ISSUES IN THE CONSTITUTIONAL COURT DECISION (IN THE CONSTITUTIONAL COURT DECISION NUMBER 90/PUU-XXI/2023)
This research reviews constitutional review at the Constitutional Court (MK), especially in Case No.90/PUU-XXI/2023. The focus is on the applicant's legal standing and the Constitutional Court's considerations in making decisions. Legal standing is a legal right or position that allows a party to file a lawsuit before a court. In the context of material review, the applicant's legal position is the main determinant of the legitimacy of judicial review. Normative legal methods are used in this research to systematically and in-depth analyze the legal framework governing legal standing and the Constitutional Court's interpretation of it in the context of the cases studied. This research discusses the requirements and criteria for legal standing which are regulated in both the law and MK regulations, as well as the MK's interpretation of them in this case. The results show a debate surrounding the consistency, independence, and integrity of the Constitutional Court, especially regarding the controversial decisions received. Criticism emerged regarding the Constitutional Court's approach in assessing legal standing, where there were allegations of inconsistencies, loose assessments, and potentially dubious conflicts of interest. Thus, this research provides in-depth insight into the constitutional review process and the challenges faced by the Constitutional Court in maintaining its authority as an independent and credible constitutional justice institution.
A CRIMINOLOGICAL REVIEW OF THEFT COMMITTED BY JUVENILES IN THE JURISDICTION OF THE TAMPAN SECTOR POLICE
This study aims to examine the factors contributing to theft committed by juveniles and to analyze the efforts undertaken by the Tampan Sector Police (Polsek Tampan) in addressing juvenile theft within its jurisdiction. The research focuses on understanding juvenile delinquency from a criminological perspective and evaluating law enforcement responses that emphasize child protection and restorative justice.This research employs an observational and descriptive methodology using a survey approach. Data were collected through interviews with law enforcement officers of the Tampan Police Station and juveniles involved in theft cases, supported by secondary and tertiary legal materials. The study analyzes the data qualitatively to identify causal factors and law enforcement strategies in handling juvenile theft.The findings indicate that juvenile theft in the jurisdiction of Polsek Tampan is influenced by multiple interrelated factors, including family conditions, environmental influences, economic pressures, educational limitations, and the rapid development of information and communication technology. Furthermore, the study reveals that Polsek Tampan implements integrated countermeasures through pre-emptive, preventive, and repressive approaches. Pre-emptive efforts focus on community development and legal awareness, preventive measures emphasize police presence and situational crime prevention, while repressive actions prioritize restorative justice through diversion mechanisms in accordance with the Juvenile Criminal Justice System.The study concludes that addressing juvenile theft requires a comprehensive approach that combines law enforcement with social intervention and community involvement. Strengthening inter-agency cooperation and enhancing legal awareness among youth are essential to preventing juvenile involvement in criminal activities and ensuring the protection of children’s rights within the criminal justice system.
VIKTIMOLOGIS DALAM PERLINDUNGAN HUKUM TERHADAP KORBAN ANAK PADA PROSES PERADILAN PIDANA DI PENGADILAN NEGERI PEKANBARU TAHUN 2023 SAMPAI TAHUN 2025
Setiap anak disamping wajib mendapatkan pendidikan formal seperti sekolah, juga wajib mendapatkan pendidikan moral, sehingga mereka dapat tumbuh menjadi sosok yang berguna bagi bangsa dan negara. Anak yang merupakan generasi penerus bangsa tentunya juga memiliki hak asasi manusia yang juga sama dengan orang-orang dewasa, yang selama ini hak asasi manusia anak sering diabaikan, bahkan malah tidak dilaksanakan oleh negara. Hak asasi manusia anak seharusnya dihormati, anak juga berhak memperoleh keadilan yang sama dengan orang dewasa bahkan seharusnya hak asasi manusia anak memperoleh perlindungan yang bersifat khusus. Kekerasan seksual yang dialami anak dan remaja sangat beragam. Mulai dari sentuhan yang tidak diinginkan, pemaksaan untuk melakukan hubungan seksual, dipaksa menyaksikan tindakan seksual, perkawinan anak, hingga diminta mengirimkan gambar atau video berisi konten seksual. Semua ini bisa terjadi secara langsung maupun di ruang digital, yang kini semakin rentan terhadap eksploitasi. Hampir setiap hari kita di suguhi dengan pemberitaan kekerasan seksual atau pemerkosaan terhadap anak. Dalam berbagai perkara kekerasan seksual atau pemerkosaan terhadap anak terlihat baik pemerintah maupun masyarakat sendiri terfokus pada mengurusi pelaku dari pada korban sendiri. Begitu banyak kita baca dan dengar berita di media cetak dan elektronik, pelaku di minta untuk di hukum seberat-beratnya, atau pelaku di hakimi secara massal. Namun pemerintah maupun masyarakat lupa akan korban, baik yang putus sekolah karena malu dengan teman-temannya, hamil, menggugurkan kandungan sampai ada juga yang terganggu jiwanya, sehingga masuk Rumah Sakit Jiwa. Pada hal kalau dikaji secara hukum dalam memberikan hak anak dan perlindungan hukum terhadap korban kekerasan seksual atau pemerkosaan terhadap anak harus diutamakan dari pada pelaku, namun yang terjadi selama ini perlindungan hukum terhadap kekerasan seksual atau pemerkosaan terhadap anak masih jauh belum diperhatikan. Memang diakui permasalahan perlindungan hukum bagi korban kekerasan seksual atau pemerkosaan terhadap anak perempuan sudah menjadi perhatian dari pemerintah, pemerintah sudah berupaya untuk menekan tingkat kekerasan seksual atau pemerkosaan terhadap anak, seperti mengeluarkan regulasi dan legislasi sampai pembentukan lembaga perlindungan anak di tingkat pusat maupun daerah. Namun harus diakui permasalahan kekerasan seksual atau pemerkosaan terhadap anak masih menjadi pekerjaan rumah bagi pemerintah sampai saat ini terutama masalah restitusi.
PERLINDUNGAN HUKUM TERHADAP KECELAKAAN KERJA DITINJAU DARI SOSIOLOGI HUKUM
The Riau Province Manpower and Transmigration Office receives approximately 10 to 15 complaints related to employment cases every day, originating from various business entities, large companies, medium enterprises and Small and Medium Enterprises. The increase in the number of incoming cases occurs due to the increasing number of Companies in Riau Province and the fact that many Companies have not fully implemented the implementation of Occupational Safety and Health. Among the incoming complaints are those related to the non-registration of workers in the Workers' Social Security Program. Many complications and problems occur, including differences of opinion between each party, both workers, Companies and BPJS, which require the Determination of the Labor Inspectorate, especially related to Work Accidents and Occupational Diseases. In Law No. 4 of 2004 concerning SJSN, Companies that do not comply are subject to Administrative Sanctions, whereas previously through Law No. 3 of 1992 concerning Jamsostek, the sanctions for such violations were criminal sanctions and fines. The main problem is how is the protection of work accident insurance against the Change in sanctions for the implementation of labor social security from Criminal to Administrative Sanctions viewed from the sociology of law? The changes in sanctions place workers in a vulnerable position, as implementing these administrative sanctions requires a complicated process, requires significant time and financial resources, and does not provide significant legal impact to employers. Consequently, workers and their families lack legal
Integrating the Principle of Due Process in Restorative Justice for Women in Conflict with the Law: Contemporary Solutions in the Criminal Justice System Reform in Indonesia
This study discusses contemporary solutions to the possibility that the principle of due process of law can be integrated with restorative justice, especially for the settlement of cases involving women as one of the vulnerable groups to receive discriminatory treatment in Indonesia. Women facing the law often face common phenomena such as gender discrimination, social stigmatization, and procedural injustices in the criminal justice system, especially in cases of domestic violence, human trafficking, or narcotics offenses. According to data from Komnas Perempuan in 2023, it has been mapped that there is a phenomenon that reflects a trend of increasing cases of gender-based violence (GBV) by 15-25% in the 2019-2023 range, where restorative justice (RJ) as an alternative approach often collides with the principles of due process of law, such as the right to fair and non-discriminatory legal process. This study integrates RJ with due process to create contemporary solutions in criminal justice system reform that are in line with Sustainable Development Goals (SDGs) Number 5 (Gender Equality) and Number 16 (Peace, Justice and Strong Institutions), which emphasize access to inclusive justice for women. The research method is normative with analysis carried out through a normative juridical approach, including conceptual interpretation combined with empirical evaluation of the case study to identify implementation gaps. From this study, it is hoped that it can recommend the integration model of RJ with the principle of gender-sensitive due process of law and recommendations for reform policies on the criminal justice system in Indonesia are expected to strengthen Indonesia's commitment to the SDGs and contribute to a more humane and inclusive criminal law discourse towards women.
FUNDAMENTAL DIFFERENCES BETWEEN CONVENTIONAL BANKS AND SHARIA BANKS AS SEEN FROM THE PERSPECTIVE OF ISLAMIC LAW
The purpose of this research is to analize and to understand the fundamentals difference between conventional banks and syariah banks reviewed from perspective of Islamic economy law, to be able to contribute to the state as an arranger, coach, and supervisor, and the one who make regulation in Indonesian would of banking. The result of this research can be used as a basic step in running the fuction of the state as an arranger, coach, and supervisor, and the one who make regulation in Indonesian would of banking. Beside that, the formulation can be useful for the policy maker in drafting regulation and other policys. Specific target of this research is to formulate regulation drafting to create the world of syariah banking that essentially to the Islamic syariah. And the result can be used as evaluation of consistence between syariah banking idealism in normative and how if carried in fact. The method of this research is normative legal research, also known as library legal research, which is a method that used in legal research by researching in library’s substances. Data resource in this research is : Primary legal research, wich is legal substance from the regulations Secondary legal research, wich came from literature, books, journals, and legal expert opinions. Tertier legal research, which used to support the primary and secondary legal resource like dictionary and encyclopedia.
ANALISIS KOMPARATIF SANKSI PIDANA MATI ANTARA HUKUM PIDANA INDONESIA DAN MALAYSIA
The death penalty has been abolished in many countries worldwide, while some still retain it in their legal systems but remain inactive in its implementation. Conversely, certain nations continue to actively enforce capital punishment. This study conducts a comparative legal analysis of death penalty sanctions in Indonesia and Malaysia, emphasizing their legal foundations, implementation, and policy directions. The death penalty represents the most severe criminal sanction and continues to generate debates between the principles of justice and the protection of human rights. Employing a normative juridical method and a comparative approach, this research analyzes statutory laws, legal doctrines, and criminal policy frameworks in both countries. The findings reveal that Indonesia maintains the death penalty as a principal punishment but redefines it under the 2023 Criminal Code as a conditional sentence with a ten-year probationary period before execution. In contrast, Malaysia has undertaken major legal reforms by abolishing the mandatory death penalty in 2023, granting judges the discretion to impose alternative sanctions such as life imprisonment. This comparative study highlights how both countries are moving toward more humanistic and proportionate criminal justice systems, reflecting global trends in the reform of capital punishment
PROBLEMS AND LAND OWNERSHIP STATUS IN FOREST AREAS AFTER THE ELIMINATION OF LAW NUMBER 6 OF 2023 CONCERNING JOB CREATION
This study analyzes how Law Number 6 of 2023 concerning Job Creation (the Job Creation Law) reconstructs the previously closed status of land ownership in forest areas and the new problems that have emerged since the enactment of the Job Creation Law. The research focuses on the regulation of land ownership in forest areas and the issues that have arisen since the enactment of the Job Creation Law, as well as land disputes within forest areas. Using a juridical-normative approach and analyzed through the lens of Progressive Legal Theory and Legal Certainty Theory, this study finds that the Job Creation Law represents a paradigm shift from a security-oriented approach (oriented toward security/restrictions) to an access-oriented approach (oriented toward access and utilization). The novelty of this research lies in identifying the "Legal Hybridity" created by the Job Creation Law, where it attempts to reconcile the logic of conservation (forestry law) with the logic of investment and agrarian justice (agrarian law) within a single regulatory framework, which in turn creates new tensions in legal interpretation at the implementation level.
MEKANISME DAN PROSEDUR DOKTRIN BUSINESS JUDGEMENT BERDASARKAN UNDANG-UNDANG NO. 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS
The Business Judgment Rule doctrine is a principle of corporate law that provides protection to directors from legal liability for business decisions made in good faith, with due care, and in the best interest of the company. In the Indonesian context, this doctrine gains its legal basis through Law No. 40 of 2007 concerning Limited Liability Companies (UUPT), particularly Article 97 paragraph (5), which discusses the liability of directors for losses suffered by the company if they are found guilty or negligent in carrying out their duties based on the Business Judgment Rule. Business decisions made by members of the board of directors cannot be questioned, challenged, or annulled by the court or shareholders. Directors cannot be held liable for the outcomes of business decisions they make, even if those decisions are deemed incorrect, except under certain circumstances. The main issues explored in this research are: first, how the Business Judgment Doctrine is applied in terms of legal certainty, justice, and utility in Indonesia; and second, how the Business Judgment Doctrine is applied in practice within Indonesian corporate law. The writing method used in this study is a descriptive-analytical method within the framework of a normative juridical approach. This method is carried out by systematically describing and analyzing laws and regulations, legal doctrines, and theories related to the responsibility of directors for losses in limited liability companies as regulated in Law No. 40 of 2007 concerning Limited Liability Companies. The results of the study show that the application of the Business Judgment Rule in Indonesia is still partial and lacks a standardized mechanism for assessing “good faith,” “due care,” and the “best interest of the company.” Although the UUPT has adopted the substance of this principle, there are no explicit procedural guidelines regarding the process of proving and assessing directors’ liability. As a result, interpretations of this doctrine still depend on the subjective judgment of judges and are not yet consistent in corporate judicial practice.
LEGALITY OF ELECTRONIC AGREEMENTS BASED ON THE CIVIL CODE AND THE LAW ON ELECTRONIC INFORMATION AND TRANSACTIONS
Based on Article 1313 of the Civil Code, it is explained that an agreement is an act in which one or more people bind themselves to one or more other people. Technological developments have indirectly resulted in the birth of new forms of legal acts that were previously not regulated in laws and regulations, for example electronic agreements. This study aims to explain the legality of electronic agreements based on the Civil Code and the Electronic Information and Transactions Law. The method used in this study is normative legal research using a statutory regulatory approach. Based on Article 1320 of the Civil Code, it is stated that the conditions for a valid agreement are the agreement of the parties, the capacity of the parties, the existence of a certain subject matter, and certain subjects that are lawful. The agreement of the parties in the agreement is evidenced by the signatures of the parties. An electronic agreement is an agreement between the parties made through a series of electronic devices and procedures that function to prepare, collect, process, analyze, store, display, announce, send, and/or disseminate electronic information using electronic signatures. Based on the Electronic Information and Transactions Law, a valid electronic agreement is an electronic agreement that uses a certified electronic signature
UNILATERAL CONTRACT IN THE COOPERATION BETWEEN BPJS HEALTH AND HOSPITALS: AN ANALYSIS OF PARTY IMBALANCE
The cooperation between BPJS Kesehatan (Indonesia’s National Health Insurance Agency) and hospitals represents a form of public–private partnership (PPP) with distinctive characteristics within the national health system. In practice, the contractual relationship between these two entities is often perceived as placing BPJS Kesehatan in a more dominant position. This occurs because BPJS simultaneously functions as regulator, purchaser of health services, and supervisor of contract implementation. This study aims to examine the legal characteristics of the cooperation contract, assess the extent to which unilateral elements emerge within its regulatory framework, and analyze the implications of such imbalance for hospital autonomy, legal certainty, and the economic sustainability of healthcare institutions. Using a normative juridical method, this research reviews primary legal sources such as Law No. 24 of 2011 on BPJS, BPJS Regulation No. 1 of 2014 concerning Cooperation with Healthcare Facilities, and Article 1338 of the Indonesian Civil Code. These sources are supported by secondary literature on administrative law theory and public contract concepts. The analysis shows that the cooperation contract between BPJS Kesehatan and hospitals tends to be substantively unbalanced, mainly due to the discretionary authority of BPJS to interpret, modify, and even terminate the contract unilaterally. This condition weakens the bargaining position of hospitals and may create structural inequality in the implementation of the national health insurance system. These findings pose challenges to the principles of contractual justice and good governance, particularly with regard to fairness, transparency, and accountability. This research recommends restructuring the cooperation into a more equitable bilateral administrative contract and offers conceptual contributions to the development of public contract law and reform of the BPJS system in Indonesia.
APPLICATION OF THE RECHTERLIJK PARDON PRINCIPLE IN CRIMINAL CASE DECISIONS WITHIN THE REFORM OF NATIONAL CRIMINAL LAW
The enactment of Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP) introduces significant reforms to the national criminal law system, one of which is the incorporation of the rechterlijk pardon principle. This principle grants judges the authority not to impose punishment on defendants proven guilty of minor offenses, taking into account considerations of justice and humanity. This study analyzes three key issues: (1) the application of the rechterlijk pardon principle in current criminal case decisions and its future implementation under the new Criminal Code; (2) the strengths and weaknesses of implementing the rechterlijk pardon principle in criminal case decisions. The research employs a normative legal method with a statutory approach, utilizing primary, secondary, and tertiary legal materials analyzed qualitatively. The findings reveal that the rechterlijk pardon principle is not recognized in the current Dutch-derived KUHP, thereby providing no legal room for judges to pardon defendants in minor cases. The new KUHP, through Article 54 paragraph (2), introduces a significant reform by granting judges the discretion not to impose punishment in the interest of justice and humanity. Although newly codified, the practice of judicial pardon has long existed in the Netherlands and has begun to appear in several Indonesian court decisions. The weaknesses of its implementation include the lack of synchronization between the KUHP and the Criminal Procedure Code (KUHAP), while its strengths lie in sentencing flexibility, recognition of behavioral reform, reduction of prison overcrowding, and enhancement of a more humane justice system
Deepfake Porn And Victim Protection: Legal Challenges In The Era Of Technological Disruption Within The Framework Of The SDGs
The development of generative artificial intelligence technology has given birth to the phenomenon of deepfake porn that allows the creation of synthetic sexual content with a high resemblance to identity without the consent of the represented subject. This phenomenon creates a crisis of authenticity to the identity and self-representation of victims and presents new challenges for the legal protection system. This study aims to analyze deepfake porn as a form of technological disruption that has an epistemic and ontological impact, evaluate the form of legal protection for victims within the framework of Indonesian laws and regulations, and formulate the need for norm reformulation based on the principles of the Sustainable Development Goals (SDGs). The research method used is normative legal research with conceptual, legislative, and philosophical approaches to knowledge, through an analysis of the Sexual Violence Crime Law and regulations related to the digital space. The results of the study show that deepfake porn is not only a violation of digital law, but also a visual truth crisis that undermines the integrity of the victim's identity. The existing legal framework has provided a basis for protection, but it still contains normative gaps related to the synthetic character of content and the responsibilities of the technology ecosystem. The reformulation of norms is necessary through explicit recognition of digital sexual manipulation, rapid removal mechanisms, victim recovery, and expanded platform liability. In the discussion, the protection of victims of deepfake porn is placed within the framework of the SDGs, especially the goals of gender equality and strengthening justice and effective institutions, so that legal protection is positioned as part of the development of digital justice that is oriented towards human dignity.
KEBIJAKAN PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PERTAMBANGAN GALIAN C ILEGAL DI WILAYAH HUKUM KEPOLISIAN RESOR KABUPATEN KAMPAR
Peraturan Daerah merupakan produk hukum yang dibentuk oleh pemerintah daerah. Peraturan Daerah dibuat oleh Kepala Daerah bersama dengan Dewan Perwakilan Rakyat Daerah. Pada dasarnya peraturan perundang – undangan termasuk di dalamnya Peraturan Daerah dibentuk harus dapat mengakomodir kebutuhan hukum masyarakat demi terwujudnya keadilan, keamanan dan ketertiban serta keteraturan hidup dalam masyarakat. Setiap Peraturan Daerah dibuat mempunyai tujuan yang ingin dicapai atau disebut dengan ius constituendum, namun pada pelaksanaan banyak benturan baik itu benturan kepentingan maupun kepentingan hak dan kewajiban dari orang maupun sekelompok orang. Hal inilah yang menyebabkan penegakan hukum atau aturan sering mengalami kendala. Ini juga dirasakan dalam penegakan Peraturan Daerah yang ada di setiap daerah tidak terkecuali Peraturan Daerah Kabupaten Kampar Nomor 09 Tahun 2008 tentang Pengelolaan Pertambangan Rakyat. Penelitian ini bertujuan untuk menganalisis Kebijakan Penegakan Hukum Terhadap Pelaku Tindak Pidana Pertambangan Galian C Ilegal Di Wilayah Hukum Kepolisian Resor Kabupaten Kampar dan merumuskan faktor yang menjadi penghambat terlaksannaya kebijakan Penegakan Hukum Terhadap Pelaku Tindak Pidana Pertambangan Galian C Ilegal Di Wilayah Hukum Kepolisian Resor Kabupaten Kampar. Penelitian ini menggunakan penelitian hukum sosiologis terhadap efektifitas hukum. Dimana penelitian ini lebih diarahkan pada suatu penelitian yang membahas tentang bagaimana hukum berlaku dalam masyarakat, sehingga dapat menunjukkan hubungan antara hukum dengan masyarakat, dengan harapan mampu mengungkapkan efektifitas berlakunya hukum dalam masyarakat itu sendiri. Hasil Penelitian menunjukkan bahwa Kebijakan Penegakan Hukum Terhadap Pelaku Tindak Pidana Pertambangan Galian C Ilegal Di Wilayah Hukum Kepolisian Resor Kabupaten Kampar dilakukan melalui penegakan hukum preventif dan penegakan hukum represif. Penegakan hukum preventif melalui penyuluhan kegiatan usaha penambangan, upaya non yustisial, dan Penanganan konflik sosial. Sedangkan upaya hukum represif dilakukan melalui penindakan menggunakan hukum pidana melalui pelaksanaan tugas polri di bidang penyelidikan maupun penyidikan. Permasalahan penegakan Peraturan Daerah terhadap penambang Galian C di kabupaten Kampar yaitu keterbatasan kuantitas dan kualitas sumber daya manusia, kesulitan dalam pengurusan Izin Usaha Pertambangan dan faktor ekonomi. Cara mengatasinya peningkatan kuantitas dan kualitas Sumber Daya Manusia pengawasan dan koordinasi dengan melakukan penegakan hukum secara bertahap mulai dari penegakan hukum preventif hingga represif sebagai upaya terakhir.
STRATEGI PEMERINTAH DAERAH DALAM PELAKSANAAN PROGAM PEREMAJAAN SAWIT RAKYAT DI KABUPATEN INDRAGIRI HILIR
This study aims to analyze the regional government's strategy in implementing the People's Palm Oil Replanting Program (PSR) in Indragiri Hilir Regency. The program is a government initiative to improve the productivity of smallholder oil palm plantations through the replanting of old, damaged, or unproductive trees. The research method used is descriptive qualitative, with data collected through interviews, observation, and documentation. The research informants consist of officials from the Plantation Office, farmer groups, and smallholder farmers who are beneficiaries of the program. The results show that the regional government’s strategy includes strengthening interagency coordination, providing technical assistance to farmers, facilitating access to financing through financial institutions, and supervising the implementation of the program to ensure compliance with regulations. However, the implementation still faces several challenges, such as delays in fund disbursement, limited understanding among farmers regarding administrative procedures, and overlapping land claims with protected forest areas. To overcome these issues, the regional government has adopted a collaborative approach with relevant institutions, enhanced policy socialization, and encouraged active farmer participation in every stage of implementation. In conclusion, the regional government’s strategy plays a vital role in the success of the PSR program; however, greater coordination and institutional support are needed to achieve sustainable improvements in productivity and farmer welfare.
ISBAT NIKAH SEBAGAI MEKANISME LEGALISASI NIKAH SIRI (ANALISIS KRITIS TERHADAP KEPASTIAN HUKUM DAN PERLINDUNGAN PEREMPUAN)
This study aims to critically analyze the legal construction of Marriage Confirmation in the dialectic between the enforcement of the principle of legal certainty and the demands for the protection of women's and children's rights. The research method used is normative-juridical with a conceptual and legislative approach, and links the findings with Gustav Radbruch's Theory of Legal Purpose and Lawrence M. Friedman's Theory of Legal Systems. The results of the study indicate that Marriage Confirmation functions as a noble reactionary mechanism to guarantee substantive justice, but paradoxically becomes a loophole for legalization (legal smuggling) for unregistered marriages, which fundamentally damages the legal culture of society and weakens the substance of law (Law No. 1/1974). Furthermore, the disparity in decisions between Religious Courts, especially in accepting Marriage Confirmation after 1974, undermines the principle of legal certainty and, based on Feminist Legal Theory, places women's protection in an arbitrary position. It is concluded that protection efforts through Marriage Confirmation should not sacrifice legal integrity. It is recommended that the Supreme Court immediately issue a uniform SEMA to harmonize decisions and revise Article 7 of the KHI to limit discretion to truly urgent cases (ius necessitatis).
BALANCING JUDICIAL ACTIVISM AND RESTRAINT IN INDONESIA’S CONSTITUTIONAL COURT
This study examines the trends in judicial activism and restraint in the Indonesian Constitutional Court's judicial review rulings, as well as the consequences for constitutional democracy. The study looks at 15 significant rulings from 2010 to 2024 using a qualitative doctrinal approach and case-based jurisprudential analysis. The findings demonstrate that while the Constitutional Court exercises judicial activism to uphold citizens' constitutional rights and reinforce the idea of checks and balances, it also exercises judicial restraint when it comes to matters of public policy. These results highlight the necessity of bolstering the processes for carrying out rulings and striking a dynamic balance between judicial activism and caution. The report suggests updating the Constitutional Court Law, standardizing the reasoning behind decisions, raising public awareness, and enhancing cooperation between the House of Representatives, the Constitutional Court, and civil society.
FIDUCIARY GUARANTEES IN THE SUSTAINABLE FINANCE SYSTEM: BETWEEN CREDIT ACCESS AND CONSUMER PROTECTION
This article examines fiduciary security within the context of Indonesia’s sustainable financial system, focusing on the imbalance between legal certainty for creditors and the protection of consumer rights. Fiduciary security serves as a legal instrument that protects creditors without restricting debtors from utilizing the secured object. Although Law Number 2 42 of 1999 concerning Fiduciary Security provides a strong legal foundation for both fiduciary grantors and recipients, the execution of fiduciary objects in practice frequently violates the principle of due process of law, particularly when execution is carried out without a court decision. This situation creates a legal imbalance between creditors and debtors and poses a risk of diminishing public trust in the financing system. This study highlights the importance of consumer protection in the implementation of fiduciary agreements and the need to update regulations to align with the principles of sustainable finance, which incorporate social and environmental dimensions (ESG). The Constitutional Court Decision Number 18/PUU-XVII/2019 affirms that fiduciary execution cannot be carried out unilaterally but must follow a lawful legal mechanism. Accordingly, this study proposes the reformulation of policies that not only strengthen debtor protection but also support the sustainability of the financial system, promote more inclusive access to financing, and integrate sustainability principles into fiduciary regulation. Using a statutory approach combined with normative qualitative analysis, this article aims to formulate legal recommendations that are fair, transparent, and grounded in economic sustainability by balancing market interests with social protection. Such reforms are essential to maintaining the credibility and fairness of Indonesia’s financial system in the face of global challenges that increasingly demand sustainability and social responsibility in every financing practice.
The Application of Restorative Justice with an Integrated System in Handling Minor Crimes: A Legal Certainty Perspective
The application of restorative justice focuses on restoring the relationship between victims and offenders and repairing the harm caused, aligning with the function of criminal law as the ultimum remedium for minor offences. This study aims to analyse the synchronisation of Restorative Justice implementation within the Integrated Criminal Justice System and its implications for legal certainty. Using a normative legal research method with legislative and conceptual approaches, this study examines formal regulations across police, prosecution, and court institutions, as well as criminal law doctrines. The implementation of restorative justice in minor offence cases reflects a paradigm shift from retributive to reparative justice, emphasising social restoration. Although current regulations have established procedural certainty for case termination discretion, dilemmas persist within the trichotomy of justice, certainty, and utility. The consensus-based nature of restorative justice may undermine legal certainty if law enforcement discretion lacks uniformity. Therefore, to maintain system integrity, regulatory unification at the statutory level and reinforcement of substantive legal certainty are necessary where certainty is assessed through the realisation of justice responsive to social values and victim recovery. Strengthening restorative justice as an accountable diversion mechanism is essential to achieving balanced legal objectives that prioritise justice and utility without compromising the integrity of the legal system.
THE URGENCY OF STRENGTHENING HALAL CERTIFICATION INSTITUTIONS AS A MEANS OF LEGAL PROTECTION FOR MUSLIM CONSUMERS IN SOUTHEAST ASIA
Halal products are now a major necessity for the global community, both in Muslim and non-Muslim countries. However, the number of institutions authorised to issue halal certification at the global level is still very limited. This condition has resulted in suboptimal supervision of the halal supply chain. This study aims to analyse the concept of halal certification as an effort to provide protection and legal guarantees for Muslim consumers, while also examining the urgency of establishing and strengthening halal certification institutions in various countries. The method used is a descriptive narrative method with a qualitative approach. Meanwhile, the technique used to test the validity of the data is data triangulation. The results of the study show that the increasing demand for halal products in line with the growth of the global Muslim population requires an integrated halal supply chain system. Therefore, strengthening halal certification institutions in each country is important to ensure protection, legal certainty, and the trust of Muslim consumers in order to realise halal product guarantees with high quality standards.
THE CONCEPT OF RE-DEMOCRACY IN THE ANALYSIS OF CONSTITUTIONAL COURT DECISION NO. 135/PUU-XXII/2024 AND THE DISCUSSION OF CLOSED PROPORTIONALITY
Re-democracy is an idea to revive a more substantial democracy by emphasising people&#39;s representation, public participation, and strengthening deliberative spaces. Therefore, this study is important to see the opportunities for reconstructing Indonesia&#39;s political system to be more representative and inclusive. This research uses a normative juridical approach by analysing Constitutional Court Decision Number 135/PUU-XXII/2025 and public discourse on the closed proportional election system. The ruling separates national and local elections by a minimum interval of two years, based on technical complexity, personal and institutional fatigue, and declining voter participation in simultaneous elections. This policy has reignited the debate on closed proportional representation, which is considered capable of restoring the essence of substantive democracy through the mechanism of aggregating the aspirations of the people. This research identifies the legal, political, and social consequences of Constitutional Court Decision Number 135/PUU-XXII/2024 and the discourse on the return of the closed proportional system, as well as the issues and efforts to realise the aggregation of public aspirations through re-democracy. The purpose of this research is to examine the legal and political implications of the Constitutional Court&#39;s decision and the debate on the closed proportional system ahead of the 2029 elections in order to strengthen re-democracy. Thus, Constitutional Court Decision No. 135/PUU- XXI/2024 and the discourse on closed proportional representation reflect the need for re-democracy to strengthen the aggregation of public aspirations in building a more representative and substantive political system.