This study examines the effectiveness of a policy that increases the prison term for repeat offenders of motor vehicle theft by one-third, with a research focus at the Medan Timur Police Station. The study employs a normative-empirical legal approach, examining the provisions on aggravated punishment in the Criminal Code and Law Number 1 of 2023 concerning the National Criminal Code, in conjunction with empirical data from interviews and case documents from the 2023–2025 period. The results of the study show that, normatively, the policy of adding one-third to the prison term has a clear legal basis. However, in law enforcement practice, this policy has not been implemented optimally and consistently, especially at the investigation stage. Empirical data indicate that the rate of recidivism for motor vehicle theft at the Medan Timur Police Station remains fluctuating and tends to increase in 2025, despite the implementation of provisions for aggravated punishment. This condition indicates a gap between legal norms and their implementation, so that the policy of increasing penalties is more reactive than preventive. This study confirms that the effectiveness of punishment for repeat offenders is not only determined by the severity of criminal sanctions, but also requires integration with non-penal strategies, including systematic data collection on repeat offenders, consistency in law enforcement, and strengthening of rehabilitation and social reintegration programs.

An analysis of the current provisions of the Criminal Code shows that most of the changes relating to penal measures contradict the criminal policy assumptions of the 1997 Criminal Code. Over the course of its 28-years existence, the role and function of penal measures has changed significantly. Numerous amendments to the Criminal Code have significantly expanded the scope of mandatory penal measures, creating the risk of irrational decisions being made in the administration of justice. This paper argues that the amendments to the Criminal Code have increased the repressiveness of Polish criminal law and have drastically limited judicial discretion over the severity of punishment. These amendments contradict the principles of individualization of criminal sanctions and the prohibition of imposing a penal measure that exceeds the degree of guilt. The author argues that the highly punitive nature of the Polish legal system and the reluctance of politicians to back down from unconstitutional amendments to penal measures should prompt the search for solutions that will mitigate the effects of lifelong penal measures. In certain cases, the imposition of an obligatory penal measure (especially one of those specified in Articles 41(1b) and 42(4) of the Polish Criminal Code) may result in the degree of guilt being exceeded. In such situations, the severity of the penal measure should be determined regardless of the legal provision introducing its mandatory form. According to Article 178 of the Constitution of the Republic of Poland, judges are obliged to obey not only “statutes” but also “the Constitution.” Seeing an inconsistency between the provisions of a statute and those of the Constitution, the judge is obliged to disregard the unconstitutional provision, relying on the lex superior derogat legi inferiori rule.

This research discusses the notary's liability for authentic deeds that indicate criminal offences in the context of Indonesian law. Notary liability in making authentic deeds is an important issue considering the strategic role of notaries in maintaining the validity and propriety of the deed. However, there are cases where authentic deeds made by notaries are indicated to contain elements of criminal offences, such as document forgery or fraud. This research aims to analyse the legal implications for the parties involved in the process of making authentic deeds that are indicated as criminal offences, as well as provide suggestions to improve notary compliance with the rule of law. The research methods used include literature studies, case studies, interviews, normative legal analysis, comparative studies, field research, and data analysis. The results show that the parties involved in the process of making authentic deeds that are indicated as criminal offences can face serious legal consequences, ranging from civil sanctions to criminal sanctions according to the level of violation committed. The legal implications can also be felt by the notaries involved, with the threat of administrative, civil, and criminal sanctions. The proposed suggestions include increased supervision, training, compliance with regulations, transparency, accountability, reporting and complaints, and the application of strict sanctions. It is hoped that by implementing these suggestions, it can increase notary compliance with the rule of law, prevent the occurrence of authentic deed cases that indicate criminal offences, and maintain the integrity and public trust in notary institutions and the process of making authentic deeds in Indonesia.

This research analyzes the adequacy of legal protection for Micro, Small, and Medium Enterprises (MSMEs) against trade monopoly practices within the rapidly evolving digital market landscape of the Industrial Revolution 4.0 era. Although Indonesia’s Law Number 5 of 1999 provides preventive safeguards—such as prohibitions on anti-competitive agreements under Articles 5–8—and repressive mechanisms through administrative and criminal sanctions under Articles 30–37, these provisions remain structurally limited in addressing digital-platform dominance and algorithm-driven market distortions. The normative gap between traditional competition law and contemporary digital market realities necessitates a reassessment of MSME protection. Employing a normative legal research design with a statute approach, conceptual approach, comparative approach, and law-and-policy analysis, this study evaluates whether Indonesia’s current framework sufficiently responds to digital-era challenges. Comparative examination of Malaysia, Singapore, and Thailand demonstrates more adaptive regulatory models that integrate digital market oversight into competition law—evident in Malaysia’s Competition Act 2010 and MyDIGITAL Blueprint, Singapore’s enforcement by the Competition and Consumer Commission (CCCS) over dominant online platforms, and Thailand’s Trade Competition Act 2017, aligned with Thailand 4.0. These jurisdictions illustrate a functional convergence toward platform regulation, data transparency, and digital market fairness. This research argues that Indonesia must harmonize its competition policy with digital transformation by adopting platform-specific rules, strengthening algorithmic accountability, and integrating MSME-focused digital market protections. By situating business competition law within the broader digital-economy governance discourse, the study contributes a socio-legal and policy-oriented framework for promoting equitable and sustainable market participation for MSMEs in ASEAN’s digitalized economy.

The rapid development of blockchain technology has positioned cryptocurrency as a significant innovation within the global financial system. In Indonesia, its legal status remains controversial due to regulatory dualism between monetary and commodity authorities. This study examines the legal status of cryptocurrency as a payment instrument under Indonesian positive law, employing a normative juridical method that incorporates statutory and conceptual approaches. The findings show that cryptocurrency is explicitly prohibited as a means of payment under Law Number 7 of 2011 on Currency, particularly Article 21 paragraph (1), which mandates the Rupiah as the sole legal tender. Violations are subject to criminal sanctions under Article 33, including imprisonment of up to one year or fines of up to IDR 200 million. This prohibition is reinforced by Bank Indonesia Regulation No. 19/12/PBI/2017, which prohibits the use of virtual currencies in payment systems. Conversely, cryptocurrency is legally recognized as a tradable digital asset under Bappebti Regulation No. 8 of 2021 and supervised under OJK Regulation No. 27 of 2024 within the commodity and investment framework. This regulatory dualism creates legal uncertainty, exposing users to both criminal liability and consumer protection risks. The study concludes that regulatory harmonization among Bank Indonesia, OJK, and Bappebti is necessary to ensure legal certainty and financial system stability.

The rapid evolution of digital technology, specifically the TikTok platform, has precipitated a surge in unauthorized use and modification of video content for cross-border commercial exploitation, as exemplified by the legal dispute between dr. Leo and various Indonesian content creators. This research aims to analyze the specific legal sanctions for digital copyright infringement and to formulate a prescriptive application of Article 5 of Law Number 28 of 2014 on Copyright to ensure legal certainty for creators. Utilizing a normative juridical research method with statutory and case-based approaches, this study examines national positive laws alongside international legal instruments, including the Berne Convention and the WIPO Copyright Treaty. The findings demonstrate that unauthorized modification constitutes a breach of both moral and economic rights, punishable by criminal, civil, and administrative sanctions. Nevertheless, enforcement remains hindered by jurisdictional complexities and suboptimal Mutual Legal Assistance (MLA) frameworks between Indonesia and Malaysia. Ultimately, this research concludes that a rigorous application of Article 5, bolstered by enhanced international cooperation and digital platform accountability, is imperative to safeguard intellectual integrity and ensure justice for creators in the digital age.

Introduction: The rapid development of information technology has triggered an increase in digital activities, including the collection and storage of personal data. On the other hand, the phenomenon of theft of personal data and personal identity has become rampant and has caused increasingly significant losses, both materially and immaterially. This study aims to examine legal protection against theft of personal data and personal identity in Indonesia and to examine the law enforcement mechanisms and obstacles faced in the process.The research method used is normative juridical, with a regulatory, conceptual, and comparative approach. Data sources come from literature studies of regulations, legal literature, and relevant court decisions. The results of the study show that personal data protection in Indonesia is still in the developing stage, marked by the enactment of Law Number 27 of 2022 concerning Personal Data Protection. However, there are still limitations to norms in terms of implementation, criminal sanctions, and strong supervisory institutions. In addition, law enforcement against theft of personal data faces various obstacles, including limited authority of law enforcement officers, low public awareness of the importance of protecting personal data, and the complexity of evidence in cases of cross-border cybercrime. International efforts, such as cross-secret cooperation and extradition of perpetrators, are also still not optimal due to differences in legal systems between countries. This study recommends strengthening technical regulations for implementing the PDP Law, increasing the capacity of independent supervisory institutions, educating the public about data security, and increasing international cooperation in combating cybercrime. Effective national legal protection of personal data is an important foundation in maintaining citizens' privacy rights and building trust in the digital ecosystem.Purposes of the Research: Analyze and explain law enforcement against the crime of personal data theft on social media (Facebook).Methods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials carried out in this research is through library research, namely by searching legal materials by reading, viewing, listening and now many are done by searching through the internet then the data will be analyzed using quantitative data analysis techniques, in an approach Quantitative related to the relationship of variables analyzed using an objective theory, then described to solve the main problem in this study.Results / Findings / Novelty of the Research: Law enforcement against personal data theft in Indonesia has a strong legal basis through the Personal Data Protection Law, the Electronic Information and Transactions (ITE) Law, and other relevant regulations. However, its implementation still faces various obstacles, such as technological limitations, inadequate investigative capabilities, and difficulties in tracking and gathering evidence in the cyber realm. The cross-border nature of cybercrime also presents jurisdictional challenges, necessitating strong international cooperation mechanisms for effective law enforcement

This study aims to analyze the aspects of law and its impact on the environment, specifically in relation to the activity of mining sand that is conducted above land without official permission. Problems mainly occur in the study. This is how arrangement law affects activity mining, excavation in the ground, and the unexplored legacy​ , all of which require permission. This also impacts the environment created by the activity, as stated. Research this use method using a qualitative descriptive approach, incorporating interviews, field observations, and studies of literature, regulations, legislation, and related legal sources. Research results indicate that activity mining sand without permission contravenes Article 3 of Law Number 4 of 2009 concerning Mineral and Coal Mining, as every activity mining must obtain official permission in the form of an IUP or IPR. Activities categorized as illegal mining can result in charges of both administrative and criminal sanctions. From an environmental perspective, activities such as mining without permission cause various damages, including erosion, soil landslides, water pollution, damage to infrastructure and roads, and disturbance to the ecosystem of flora and fauna. Research confirms the importance of improving awareness of the law, community, and government supervision so that mining activities are conducted in accordance with the principles of sustainability and environmental protection, ensuring a healthy environment.

The article explores the legal nature, essence, and lexico-semantic features of the punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The authors focus on the structure of this legal term, which reflects its substantive meaning and determines the specificity of legal relations arising in the process of imposing and executing such punishment. The two constituent elements of the sanction — “position” and “activity” — are analyzed, revealing their organizational, legal, and functional content. It is noted that deprivation of the right to hold certain positions is aimed at removing a person from performing official functions related to managerial or authoritative powers, while deprivation of the right to engage in certain activities has a broader scope, covering various types of professional, creative, or entrepreneurial activity. The preventive purpose of this punishment is defined as the prevention of repeated criminal offenses by restricting the offender’s access to areas where their unlawful behavior was possible. The paper substantiates the place of this punishment within the system of criminal sanctions as a measure not associated with isolation from society but one that significantly affects the individual’s socio-labor status. Attention is drawn to its cross-sectoral nature and its consequences in the form of professional disqualification. Particular consideration is given to the problems of implementation and control over the execution of this punishment, including the lack of a coordinated mechanism for revoking and confiscating tractor driver licenses and the inefficiency of information exchange between the State Service of Ukraine for Food Safety and Consumer Protection, the National Police, and the Ministry of Internal Affairs of Ukraine. The authors propose to improve legal regulation and interagency cooperation to ensure the proper enforcement of court decisions and the achievement of the punishment’s purpose.

The main problem in this thesis is about the crime of domestic violence with the object of analysis in the case of Decision No. 101/Pid.Sus/2023/PN.Kbr. And to find out the judge's legal considerations in imposing criminal sanctions on perpetrators of criminal acts of domestic violence committed by husbands against wives in decision no. 101/Pid.Sus/2023/PN.Kbr. The research used to answer the two things above is literature research on decisions and the author took data obtained from court decisions in the form of interviews with one of the judges at the Koto Baru District Court. The aim of this thesis is to find out about criminal acts of domestic violence both under Islamic criminal law and under Law Number 23 of 2004, then to find out the application of legal considerations made by the judge in imposing a sentence on the defendant. The results of this research indicate that the application of material criminal law to criminal acts in the judge's decision in case no. No. 101/Pid.Sus/2023/PN.Kbr. In accordance with the legislation in this case regulated in law number 23 of 2004 concerning the elimination of domestic violence in handing down criminal sentences the judge has given considerations in accordance with the facts and those revealed in court both in terms of material criminal and formal criminal considerations.

Spatial pattern and driving force of agricultural land crime in the Yangtze River Delta, China: From a coordination perspective of administrative and criminal sanctions

The escalating intensity of environmental violations in Indonesia necessitates the strengthening of effective law enforcement mechanisms, particularly following the enactment of the Job Creation Law and Government Regulation No. 22 of 2021, which redefined administrative sanctions as the primum remedium. This study examines the evolution of administrative legal instruments within the environmental law enforcement system and assesses the effectiveness of administrative sanctions—including government coercion and administrative fines—in preventing and addressing environmental violations. The research employs a normative–empirical juridical approach through regulatory analysis, case studies, and interviews with regional environmental inspectors. The findings reveal that administrative sanctions are implemented more swiftly, align more closely with the principles of ecological restoration, and exert a stronger influence on the economic motivations of violators compared to criminal sanctions. Nevertheless, their effectiveness remains constrained by limited human resources, inadequate supervisory budgets, and weak regional political commitment. The study concludes that administrative instruments hold a strategic role as the primary mechanism for environmental law enforcement, yet require institutional strengthening and integrated policy support to operate optimally.

This study aims to analyze the implementation gap (Das Sein) against the normative provisions (Das Sollen) regarding the prohibition on riding a motorbike with more than one passenger (Bonceng Tiga/BOTI) as regulated in Article 106 Paragraph (9) of Law Number 22 of 2009 concerning Traffic and Road Transportation (LLAJ Law). The main problems studied are the factors underlying public non-compliance and the effectiveness of the role of the authorities in implementing criminal sanctions in the form of fines in Article 292 of the LLAJ Law. This study uses a normative legal research method with a statute approach and a conceptual approach. The secondary data analyzed are in the form of primary legal materials (LLAJ Law) and secondary (journals, books, study results). The results of the initial study indicate a significant gap between the prohibition norm (Das Sollen) and practice in the field (Das Sein). Public non-compliance is influenced by socio-economic factors (wanting to save time and costs), while the effectiveness of the maximum fine of IDR 250,000.00 (Article 292) is considered low because the nominal value does not create an adequate deterrent effect. In addition, inconsistent law enforcement also exacerbates ineffectiveness. Therefore, a revision of the legal substance and an increase in enforcement consistency are needed to optimize traffic safety guarantees.

This study analyzes the legal implications of regulatory disharmony between Government Regulation No. 35/2024 on Franchises and Government Regulation No. 28/2025 on Risk-Based Business Licensing, focusing on the position of the Franchise Registration Certificate (STPW) within the Online Single Submission (OSS) system. Using a normative juridical method with statutory, conceptual, and comparative approaches, the research relies on secondary legal materials legislation, scholarly works, and prior studies examined qualitatively through legal certainty theories and relevant doctrines. Findings indicate three main issues. First, overlapping requirements between STPW and OSS create administrative duplication and potential dual-track enforcement, resulting in legal uncertainty. Second, conflicts arise between public law obligations and private contractual practices in foreign franchise agreements, particularly regarding exclusive supply clauses that contradict local content and MSME partnership requirements. Third, comparative analysis shows that Malaysia’s Franchise Act 1998, strengthened by the 2020 amendment, ensures stronger legal certainty through ex-ante registration, clear deadlines, and enforceable criminal sanctions, providing more credible deterrence than Indonesia’s framework. The study concludes that Indonesia’s franchise regulation remains fragmented and lacks binding statutory authority, which undermines investor confidence and domestic economic protection. It recommends the enactment of a comprehensive franchise law at the statutory level, full integration of STPW within the OSS system, and reinforced sanction mechanisms to enhance legal certainty and create a more conducive business climate.

Abortion is prohibited under the Indonesian criminal law system. In fact, it is categorized as a crime against life, regulated by several laws and regulations, including the Criminal Code and the Health Law. Indonesian criminal law defines abortion as "Termination of Pregnancy," which is regulated by Articles 299, 346, 347, 348, and 349 of the Criminal Code. These articles clearly and unequivocally prohibit abortion for any reason, including abortion for emergency (forced) reasons, such as rape. This type of research is normative legal research (normative legal research method). The normative legal research method is a library legal research conducted by examining legal literature materials such as Legislation, Judge's Decisions, Books, Journals, Theses and Legal Dictionaries. The results of the study indicate that (1) The Judge imposed a sentence of 2 (two) years. This seems light and unfair because the defendant's actions should have been given a heavier sentence as stated in the case that the defendant had committed his crimes seven times. (2) The judge's considerations in imposing criminal sanctions in Decision Number 1224/Pid.Sus/PN.Mks, concluded that the judge's decision to sentence the defendant to two years in prison was lenient and did not reflect the sense of justice that should have been upheld. This was because the defendant's actions were classified as a serious crime that had a widespread moral and social impact on society.

Domestic violence (DV) is a crime that harms victims physically, psychologically, and socially, violating human rights as regulated in Law No. 23 of 2004 on the Elimination of Domestic Violence. This study analyzes the application of criminal sanctions in Verdict No. 622/Pid.Sus/2019/PN JKT.UTR, where the defendant was sentenced to three years in prison for physically abusing his mother. The study examines the case from a justice perspective using the Theory of Punishment, the Theory of Legal Effectiveness, and the Theory of Justice. Findings indicate that the imposed sanctions were primarily retributive, while preventive and restorative aspects were inadequately applied. The main barrier to achieving substantive justice in this case is the absence of mandatory rehabilitation for perpetrators and the lack of recovery mechanisms for victims. Additionally, the limited gender-sensitive training for law enforcement officials and restricted access to rehabilitation facilities exacerbates the issue. This study recommends revising Law No. 23 of 2004 to mandate rehabilitation for perpetrators, strengthening collaboration between courts and social institutions to support victim recovery, and enhancing legal education for society to prevent domestic violence.

Human trafficking is a complex transnational crime with widespread impacts on human dignity and worth. In Indonesia, efforts to eradicate TIP are regulated by Law Number 21 of 2007 concerning the Eradication of the Crime of TIP, which serves as the lex specialis for handling this case. However, reality shows that law enforcement practices regarding TIP still face various challenges. This study aims to analyze the challenges of TIP law enforcement in Indonesia and propose solutions from a criminal law perspective. The method used is normative-juridical legal research. The analysis shows that law enforcement efforts regarding TIP need to be strengthened through the application of maximum criminal sanctions, comprehensive protection for victims, increased capacity of officers, the use of digital technology in investigations, and strengthened international cooperation. With these steps, it is hoped that TIP law enforcement in Indonesia can be more effective in preventing, prosecuting, and breaking the chain of human trafficking crimes.

This study aims to determine (1) the forms of legal protection that exist in Indonesia in protecting children from negative visual and verbal content in online games, and (2) the legal responsibility of online game electronic system organizers for exposure to negative visual and verbal content in children. The type of research used is normative juridical with a statutory and conceptual approach. The data used are secondary data obtained through document studies, with qualitative descriptive analysis techniques. The results of the study show that legal protection for children from negative visual and verbal impacts in online games is regulated through various regulations, including Law Number 35 of 2014 concerning Child Protection, Law Number 11 of 2008 concerning Electronic Information and Transactions, Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, and Regulation of the Minister of Communication and Information Technology Number 5 of 2021 and Number 2 of 2024. However, its implementation still faces obstacles such as weak age verification, non-objective independent classification, and easily circumvented language filtering. The legal responsibility of online game electronic system organizers for negative visual and verbal content on children can result in administrative or criminal sanctions, according to the Child Protection Law and iRegulation of ithe Minister iof Communication and Information Technology Number 5 of 2021.

This dissertation is entitled "The Elimination of Domestic Violence According to the Perspective of the Principle of Balance." Domestic violence (KDRT) fundamentally violates the goals of marriage—to form a happy, perpetual, and harmonious family—and constitutes a gross violation of human rights. Despite the existence of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT), the prevalence and complexity of domestic violence cases continue to rise, urging a philosophical and doctrinal re-evaluation of the current legal framework. This study addresses two pivotal legal issues: (1) the underlying philosophy of eliminating domestic violence from the perspective of the Principle of Balance, and (2) the necessary reformulation of the arrangement for eliminating domestic violence based on this principle. The research method is normative legal research using conceptual, statutory, case, and comparative approaches. The current UU PKDRT criminal sanctions are limited to imprisonment and fines. This limitation results in an imbalance, particularly when a victim (eg, a wife) seeks both justice for the abuse and the preservation of her family unit, a core objective explicitly stated in the Law. This study concludes that the Principle of Balance, rooted in monodualistic justice and aligned with Restorative Justice, necessitates the accommodation of alternative criminal sanctions (such as supervision or social work) for certain types of domestic violence. This reformulation is essential for bridging the gap between retributive punishment and the ultimate goal of maintaining a harmonious and prosperous household (ius constituendum).

The rapid advancement of artificial intelligence technologies has created unprecedented legal challenges in combating crimes arising from their unlawful use. This study analyzes comparative legislative frameworks for addressing ai-related crimes through three international models: the European union, which adopts a preventive risk-based approach; China, which implements a centralized strategy focused on digital sovereignty and national security; and the United States, which employs a decentralized system between federal and state levels. The study reveals fundamental divergences in legislative philosophies: the European model balances rights protection with innovation encouragement, the Chinese model links legitimacy to social stability, while the American model emphasizes direct criminal sanctions. The research emphasizes the necessity of international coordination to establish unified legal frameworks addressing the cross-border nature of these crimes and developing effective law enforcement mechanisms in modern cyberspace.