- Research Article
- 10.31599/krtha.v19i2.4023
- Aug 23, 2025
- KRTHA BHAYANGKARA
- Yuliana Indah Sari + 2 more
The presence of Peer To Peer Lending in Indonesia emerged in 2015 and became a solution for Borrowers with easy requirements without collateral. Although peer to peer lending provides convenience for borrowers (borrowers) on the other hand peer to peer lending has an impact or risk for lenders (borrowers) namely the non-return of loan funds that have been given (lenders) to borrowers through the Peer To Peer Lending organizer, the non-return of funds as agreed, is considered a default, so that the Organizer can be held for the incident. This research is a normative and descriptive analytical research using primary legal materials such as POJK Number: 77 / POJK.01 / 2016 concerning information technology-based money lending services, POJK Number 18 / POJK.07 / 2018 concerning Consumer Complaints Services in the Financial Services Sector, and POJK Number 31 / POJK.07 / 2020 concerning the Provision of Consumer and Community Services in the Financial Services Sector, and Hans Kelsen's theory of responsibility. The results of this study indicate that the Theory of Responsibility initiated by Hans Kelsen says that a person is legally responsible for a certain act or that he bears legal responsibility, the subject means that he is responsible for a sanction in terms of a separating act. Hans Kelsen stresses that there must be sanctions that can be applied, the implementation of Hans Kelsen's Theory of responsibility is not realized in this case, because civil sanctions in the form of compensation that should be given by the organizer to the lender are not given so that equality of action in law is not realized which should be the law can protect the injured and weak parties.
- Research Article
- 10.31599/krtha.v19i2.3702
- Aug 22, 2025
- KRTHA BHAYANGKARA
- Cheza Kania Risky + 1 more
This research examines the validity of digital evidence in cyberbullying cases through a comparative normative legal study between Indonesia and Singapore. Cyberbullying, as a troubling form of cyber violence, leaves a significant digital footprint, making it key evidence in legal proceedings. This study aims to compare the legal frameworks, validity standards, and verification methods for digital proof related to cyberbullying in the two countries, as well as their legal implications for ensuring legal certainty and protecting victims. The research method used is normative law, by analyzing laws and regulations such as the KUHAP and ITE Law in Indonesia, and the Evidence Act in Singapore, along with related jurisprudence and legal doctrine. The results show significant differences in the legal framework of digital evidence. Singapore, with its Evidence Act, has a more explicit and structured legal framework that emphasizes the reliability of digital evidence, providing higher legal certainty. Indonesia, while recognizing digital evidence through the interpretation of "Surat" in KUHAP and the ITE Law, has a more general and flexible legal norm, with potential challenges in verification and legal certainty. This research concludes that Singapore's more advanced legal framework can serve as a reference supports the advancement of Indonesia's legislation pertaining to digital evidence, especially in light of efficiently addressing cyberbullying. This research contributes to the.
- Research Article
- 10.31599/krtha.v19i2.3772
- Aug 13, 2025
- KRTHA BHAYANGKARA
- Sulasno + 2 more
Paguyuban Wirausaha Cilegon is an association that oversees Micro, Small and Medium Enterprises activities that focus on the car free day activity area. This study aims to determine the utilization and development as well as legal responsibility for Micro, Small and Medium Enterprises located in the car free day area. This study uses a qualitative method with an empirical legal approach. Primary data sources come from Paguyuban Wirausaha Cilegon while secondary data comes from books, journals, encyclopedias, dictionaries, and virtual sources. while data analysis uses analytical descriptive, The results of this study indicate that the utilization and development of Micro, Small and Medium Enterprises in the car free day area can be done by making visitors more interested in coming to the car free day area by providing music facilities, facilities for blood donors, health checks and so on which aim to provide comfort and good benefits for the community, as well as development in marketing, Micro, Small and Medium Enterprises have carried out marketing online, by pre-ordering products, and the legal responsibility carried out by the Cilegon Entrepreneurial Association for Micro, Small and Medium Enterprise products can be done by registering employment, Business Identification Number, Halal certificate, BPOM, and intellectual property.
- Research Article
- 10.31599/krtha.v19i2.4379
- Aug 13, 2025
- KRTHA BHAYANGKARA
- Bagus Yudha Prawira + 3 more
This study aims This study aims to analyze the implementation of the Food Estate program in Merauke, Papua, which is part of Indonesia’s National Strategic Projects aimed at strengthening food security. However, its execution has raised legal, environmental, and human rights concerns, particularly regarding indigenous peoples’ rights. Using a qualitative-juridical approach, this study examines the program’s alignment with Indonesia’s legal framework, including the Basic Agrarian Law, Human Rights Law, Environmental Law, Village Law, and Papua’s Special Autonomy Law. The findings indicate systemic neglect of customary land right, the principle of Free, Prior, and FPIC, and meaningful community participation. The study also identifies serious ecological impacts, militarization of land acquisition, and practices of food colonization. It concludes by recommending stronger legal enforcement, recognition of indigenous land rights, demilitarization of development processes, and policy designs that prioritize local food sovereignty.
- Research Article
- 10.31599/krtha.v19i2.3833
- Aug 11, 2025
- KRTHA BHAYANGKARA
- Bunga Jasmine Puji Hapsari + 1 more
This research discusses legal issues arising in the implementation of changes in the authority to issue a Certificate of Inheritance after the enactment of Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 16 of 2021, which is the third amendment to Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 9 of 1999 on Procedures for Granting and Cancelling State Land Rights and Management Rights. Using sociological juridical approach, this study analyses the implications of the change in authority on the inheritance law system in Indonesia, conflicts of norms arising from dualism of authority, and aspects of legal certainty for the community. The results show that the changes pose significant challenges in harmonising regulations related to the authority to issue Certificate of Inheritance, gaps in implementation in the field, and potential legal uncertainty. Research recommendations include regulatory harmonisation, strengthening inter-agency coordination, and developing an integrated system for inheritance administration.
- Research Article
- 10.31599/krtha.v19i2.3777
- Aug 11, 2025
- KRTHA BHAYANGKARA
- Sekar Ajeng Wulandari + 1 more
This study analyzes the practice of assistant couriers employed by Shopee Express partner couriers from a contract law perspective. The relationship between Shopee Express and partner couriers is governed by a legally binding partnership agreement. However, the existence of assistant couriers hired by partner couriers lacks a clear legal basis within the agreement. This phenomenon raises potential legal issues, particularly concerning liability for lost or damaged goods during delivery. Based on the principle of freedom of contract in Article 1338 of the Indonesian Civil Code, partner couriers and Shopee Express have the right to agree on the terms of their employment contract. However, the use of assistant couriers without Shopee Express’s approval may violate the validity conditions of contracts under Article 1320 of the Indonesian Civil Code. This study recommends that Shopee Express establish clearer regulations regarding the involvement of assistant couriers to ensure legal certainty and protection for all parties involved.
- Research Article
- 10.31599/krtha.v19i2.4144
- Aug 9, 2025
- KRTHA BHAYANGKARA
- Ahmad Maulana Maghrabi + 2 more
The The family dispute resolution system in Indonesia aims to resolve various issues within family relationships, such as divorce, child custody, and division of joint property. Dispute resolution can be conducted through two main channels: litigation (court proceedings) and non-litigation (mediation). The court plays an important role in enforcing the law and protecting the rights of the parties involved. This article aims to analyze the effectiveness of the family dispute resolution system in Indonesia and evaluate the challenges faced in its implementation. The discussion begins with an explanation of the dispute resolution system in court, mediation as an alternative dispute resolution method, and the challenges in resolving family disputes in Indonesia. Furthermore, the article examines the role of the court in supporting justice for the parties involved in family disputes and identifies factors that affect the success of mediation. This study is also necessary to explore the challenges and dynamics that arise in family dispute resolution, particularly regarding the duration of legal processes, high costs, and emotional tensions between the disputing parties. This research uses a qualitative method, referring to related sources such as previous studies on family dispute resolution. In conclusion, the family dispute resolution system in Indonesia requires improvements, including the optimization of mediation, simplification of legal procedures, and digitalization of legal services to achieve a more efficient and just process
- Research Article
- 10.31599/krtha.v19i2.4348
- Aug 8, 2025
- KRTHA BHAYANGKARA
- Hartato Barquzzaman + 1 more
This research aims to analyze the legal aspects and criminal sanctions related to child sexual exploitation in Indonesia, focusing on the case study of Decision Number 387/Pid.Sus/2024/PN Sgl. Child sexual exploitation is a serious issue that impacts the lives of victims and society. This study examines the application of criminal law as stated in Article 88 in conjunction with Article 76I of Law No. 35/2014 on Child Protection, as well as the challenges in law enforcement in Indonesia. The research utilizes a normative approach with an analysis of related court decisions. The results indicate that although there are clear regulations, challenges remain in the application of criminal law regarding child sexual exploitation, particularly in terms of evidence and victim recovery. The author also recommends the need for stricter law enforcement and more effective strategies to prevent child sexual exploitation in the future.
- Research Article
- 10.31599/krtha.v19i2.3778
- Aug 8, 2025
- KRTHA BHAYANGKARA
- Dina Triana Febriana + 2 more
Marriage is the right of every human being to build a family. To provide protection to each party, the state through the government stipulates the Marriage Law as a regulation to create order. So that people who want to get married are required to fulfill the requirements and provisions in the Marriage Law, so that marriage can be said to be legal in religion and the state. The research method used is the juridical-normative method with descriptive-analytical research specifications, with the data collection technique used, namely library document studies. The results of the study include that the judge in determining whether to grant or refuse to grant marriage dispensation to children who will enter into marriage underage is based on consideration of all aspects, both positive and negative impacts of the determination of marriage dispensation. Therefore, the judge carefully considers the best interests of the child and the aspect of danger or disadvantage to the child if the underage marriage is allowed to take place, and also the danger or disadvantage that will arise if the application for dispensation to marry the child is rejected.
- Research Article
- 10.31599/krtha.v19i2.4293
- Aug 6, 2025
- KRTHA BHAYANGKARA
- Febriasty Tanjung + 2 more
This research is a literature study that analyzes the construction of regional autonomy perspectives in the appointment of Acting Regional Heads from the active Indonesian National Army (TNI) based on various academic studies. with various studies among academics. The appointment of acting regional heads from the military raises fundamental questions regarding its consistency with the principles of regional autonomy, merit systems, and local democracy. The main focus of this research is to examine: This research is a literature study that analyzes the construction of regional autonomy perspectives in the appointment of Acting Regional Heads from the active Indonesian National Army (TNI) based on various academic studies. with various studies among academics. The appointment of acting regional heads from the military raises fundamental questions regarding its consistency with the principles of regional autonomy, merit systems, and local democracy. The main focus of this research is to examine: First, How is the construction of regional autonomy perspectives in various studies regarding the appointment of Acting Regional Heads from active TNI elements before the enactment of Permendagri No.4 of 2023? Second, What is the regulatory basis that can be corrected for the appointment of Acting Regional Heads from active TNI elements in the perspective of regional autonomy?. This research uses normative juridical methods and uses secondary data from library materials. The approaches used in this research are legislative approach and conceptual approach. This research concludes: First, the dominance of the perspective stating that the practice of appointing Acting Regional Heads from among the active TNI tends to conflict with local democracy. Second, a more assertive regulatory reformulation is needed in limiting the appointment of Acting Regional Heads from the active TNI and strengthening mechanisms of transparency, accountability, and DPRD participation in the selection process.