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- New
- Research Article
- 10.59896/gara.v20i1.603
- Mar 4, 2026
- Ganec Swara
- Ni Luh Ariningsih Sari
Overlapping regulations among marine protection and forest areas in Gili Tramena need attention because they can trigger regulatory conflicts on the ground. In addition, there is still a lack of synchronization between regulations governing land use and the management of the Gili Matra conservation area. What are the impacts of designating forest areas in marine tourism regions from legal and economic perspectives on Gili Trawangan, Gili Air, and Gili Meno? This research is normative legal research. The approaches used in this study are: a. statutory approach, b. conceptual approach, c. philosophical approach. The Minister of Environment and Forestry should release the forest area status of Gili Trawangan, Gili Air, and Gili Meno to avoid disrupting ongoing tourism business activities.
- New
- Research Article
- 10.53888/sjhki.v2i1.939
- Mar 3, 2026
- Syariah: Jurnal Hukum Keluarga Islam
- Anita Niffilayani
Support is the primary obligation of a father as head of the family, both from the perspective of Islamic law and Indonesian positive law. This obligation is affirmed through the Qur'an, Hadith, classical Islamic jurisprudence, and laws and regulations, including Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI). This study aims to examine the normative basis of the obligation to provide support, along with its implementation in religious court practice in Indonesia. The method used is normative legal research with a literature approach, referring to published scientific journals, Islamic jurisprudence books, and related regulations. The results of the study indicate that the obligation to provide support for one's wife and children is absolute, remains in effect even in the event of divorce, and must be adjusted to the father's economic capacity and the children's needs. The court plays a crucial role in determining the amount of support to achieve justice and family welfare. This study emphasizes the harmonization of sharia principles, positive law, and judicial practice as the basis for enforcing the right to support.
- New
- Research Article
- 10.62951/ijsl.v3i1.903
- Feb 27, 2026
- International Journal of Sociology and Law
- Fauzi Anshari Sibarani
Forced labor of children by parents remains a serious issue in the protection of children's rights in Indonesia, especially when such practices are justified on the basis of family economic needs. This study aims to analyze the legal provisions protecting children by forced labor by parents and to examine the obstacles to law enforcement. The research method used is normative legal research by a literature review approach, through an examination of relevant laws, legal principles, and legal doctrines. The findings of the research intricate that, legal positive indonesia there are a good constitutional and juridical legal basis in context is 1945 Constitution of the Republic Indonesia, Child Protection Law, Manpower Law and Convention on The Rights of Children which that make forced child labor as an economic exploitation categorization is prohibited. But the success of legal protection continues to run up against both legal and sociological challenges, including the murky borderlines of forced labour within the family, the challenge of proving psychological coercion and poverty-nurtured cultural attitudes towards child labour. Therefore a comprehensive approach, including law enforcement and social policies based on the best child interest is necessary.
- New
- Research Article
- 10.47134/ijlj.v3i3.5466
- Feb 27, 2026
- Indonesian Journal of Law and Justice
- Maria Basary
This study aims to analyze the provisions on business actors' responsibilities for defaults in online sales agreements based on Law Number 8 of 1999 concerning Consumer Protection and to examine obstacles and efforts to optimize consumer protection. The research method used is normative legal research with a statutory, conceptual, and case-based approach through literature review. The results indicate that business actors' responsibilities are regulated through the integration of the Civil Code, the Consumer Protection Law, and the Electronic Information and Transactions Law, applying the principle of absolute liability and a reversal of the burden of proof. However, its implementation still faces obstacles such as suboptimal e-commerce regulations, low consumer legal literacy, the limited role of the BPSK (Regional Consumer Protection Agency), detrimental standard clauses, and unclear marketplace responsibilities. Therefore, regulatory reform and institutional strengthening are needed to improve consumer protection in online sales transactions.
- New
- Research Article
- 10.33751/jhss.v10i1.79
- Feb 26, 2026
- JHSS (Journal of Humanities and Social Studies)
- Fauhan Thirafi + 1 more
This study aims to analyze the punishment for gay offenders from the perspective of Qanun Number 6 of 2014 and Law Number 1 of 2023 concerning the Criminal Code (KUHP). The research method used is normative legal research through an examination of Qanun Number 6 of 2014 applicable in Aceh as well as the provisions in Law Number 1 of 2023. The results of the study indicate that the Qanun explicitly regulates the act of liwath as a jarimah subject to uqubat ta’zir in the form of caning, fines, or imprisonment, which is based on Islamic law values and the special autonomous status of Aceh. Meanwhile, Law Number 1 of 2023 does not specifically criminalize sexual orientation, but rather focuses on regulating certain immoral acts with defined elements of the offense and complaint-based provisions in specific contexts. Due to these differences, harmonization of legal understanding is necessary in order to create legal certainty and justice in its implementation, considering the various challenges faced in practice.
- New
- Research Article
- 10.55606/jurrish.v5i2.8521
- Feb 21, 2026
- Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
- Raysah Afdila Fachriah + 1 more
An agreement is a fundamental basis in civil law relations because it gives rise to rights and obligations for the parties who bind themselves. For an agreement to be valid, consent must arise from the free will of the parties without any defect of will as regulated in Articles 1320 and 1321 of the Indonesian Civil Code (KUHPerdata). In Indonesian legal practice, apart from classic defects of will such as coercion (dwang), mistake (dwaling), and fraud (bedrog), a modern form of defect of will has also developed, namely abuse of circumstances (misbruik van omstandigheden). Abuse of circumstances occurs when one party exploits the weak condition, dependency, or ignorance of the other party to obtain unfair advantage in an agreement. This research formulates the problems of how the concept of defect of will in abuse of circumstances is applied in the jurisprudence of Indonesian contract law and what are the legal consequences of abuse of circumstances in an agreement. The method used is normative legal research with a statutory approach and conceptual approach, as well as related legal literature. The conclusion of this research shows that abuse of circumstances is a modern form of defect of will recognized through doctrine and jurisprudence. The legal consequence is that the agreement can be annulled because the element of free consent is not fulfilled. This legal consequence provides protection for the aggrieved party and confirms that the principle of freedom of contract is not absolute, but is limited by good faith, propriety, and balance.
- New
- Research Article
- 10.55606/jurrish.v5i2.8523
- Feb 21, 2026
- Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
- Dylla Melisa + 1 more
The rapid development of information technology has brought significant changes to various aspects of life, including business and law. One of the key innovations in this context is Blockchain technology. Blockchain has revolutionized information storage and exchange, particularly in the realm of Indonesian contract transactions. It is a decentralized technology that allows for transactions between two parties who do not trust each other, without the need for a third party. The data in Blockchain is stored across the entire network, ensuring that it cannot be altered by a single party without the agreement of the entire network. Furthermore, Blockchain enhances transparency and accountability in data management. This study employs a normative legal research method with a descriptive approach. The findings reveal that Blockchain technology has significant implications for the protection of personal data and the validity of evidence in civil cases. As the technology continues to evolve, its potential to transform legal transactions in Indonesia is undeniable.
- New
- Research Article
- 10.62335/sinergi.v3i2.2409
- Feb 21, 2026
- SINERGI : Jurnal Riset Ilmiah
- Chotibul Umam + 2 more
The issue examined in this thesis concerns the analysis of the implementation and challenges in applying the reverse burden of proof system in money laundering crimes in Indonesia, using the Law Enforcement Theory and the Proof Theory. The reverse burden of proof system is a special mechanism in criminal procedural law that obliges the defendant to prove that the assets alleged are not derived from criminal acts, as regulated in Articles 77 and 78 of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. The method used in this research is normative legal research conducted as an effort to obtain the necessary data related to the problem. The data used consists of secondary data and tertiary legal materials. In addition, primary data is also used to support the secondary legal materials. Data analysis is carried out using qualitative juridical analysis methods. The research results show that the implementation of the reverse burden of proof system has a clear legal basis and is limited and balanced, where the Public Prosecutor remains obligated to prove the elements of the crime of money laundering, while the defendant is burdened with the obligation to explain the origin of their wealth. There are several rulings where judges have given defendants the opportunity to prove ownership of the wealth, but based on the evidence submitted at trial, the panel of judges concluded that the defendants could not prove that the wealth was obtained through lawful acts or did not originate from a crime or offense. This construction does not eliminate the presumption of innocence but serves as a special instrument to strengthen evidence in complex cases. However, its implementation still faces various challenges, including potential conflicts with human rights protection principles, the absence of uniform technical guidelines, disparities in judicial interpretation, and limited capacity of officials in financial investigations. Therefore, strengthening technical regulations and enhancing law enforcement capacity are necessary to ensure this system operates optimally and aligns with the principles of the rule of law.
- New
- Research Article
- 10.1108/ijlma-07-2025-0316
- Feb 18, 2026
- International Journal of Law and Management
- Teguh Tresna Puja Asmara + 2 more
Purpose This study aims to analyze the legal framework of Indonesian cooperatives, focusing on the misalignment between the outdated Cooperatives Act (1992) and international standards, which has led to a loss of cooperative identity despite Indonesia having the world’s largest cooperative network. Design/methodology/approach Using normative legal research, the study uses four approaches: statutory analysis of current laws, conceptual examination of cooperative principles, analytical assessment with ICA standards and comparative assessment against global best practices. Findings This research reveals that while Indonesian cooperatives maintain unique member-focused characteristics, the current legal framework fails to support their modern development. Three critical gaps were identified: definitional inconsistencies with ICA standards, lack of modern governance principles and insufficient oversight mechanisms. Originality/value This study offers novel proposals for legal reform through an integrated framework of Good Cooperative Governance, risk compliance and cooperative audits. These recommendations provide a practical roadmap for aligning Indonesia’s cooperative legislation with global standards while preserving local cooperative values.
- New
- Research Article
- 10.56607/0rfhe743
- Feb 16, 2026
- Jurnal Hukum Ekualitas
- Yosep
This research aims to analyze the dualism of cryptocurrency status in Indonesian regulations and its implications for metaverse transactions. Using normative legal research methods with statutory and conceptual approaches, the study finds that cryptocurrency is recognized as a legal commodity (Bappebti Regulation No. 8/2021) but prohibited as a payment instrument (BI Regulation No. 18/40/PBI/2016 jo. Law No. 7/2011). This dualism creates legal uncertainty in metaverse transactions that are virtual and cross-border. The research recommends a three-zone approach: red zone (physical transactions prohibited), yellow zone (virtual transactions permitted with strict supervision), and green zone (trading as investment commodity). This approach balances protection of Rupiah's monetary sovereignty with national digital economy development, creating legal certainty for metaverse business actors without sacrificing Indonesia's payment system stability.
- New
- Research Article
- 10.37276/sjh.v7i2.634
- Feb 16, 2026
- SIGn Jurnal Hukum
- Dini Febrianti Br Sinaga + 2 more
This research examines the law enforcement dilemma in sexual violence cases committed by a juvenile with recidivist status exhibiting characteristics of predatory behavior. This phenomenon palpably challenges the fundamental principle of child protection, which has traditionally prioritized out-of-court settlement (diversion). Unlike general approaches that tend to be trapped in a binary choice between retributive punishment or pure release, this research aims to analyze the rationality and effectiveness of applying the double track system in Decision Number 10/Pid.Sus-Anak/2025/PN Rhl. This decision serves as a legal response to the closure of diversionary programs for offenders who repeatedly commit crimes. By employing normative legal research methods through a case approach and supported by an in-depth analysis of recent literature, this research finds that the judge imposed combined sanctions consisting of 2 years and 6 months’ imprisonment and a 6-month job-training measure. The findings indicate that the judge’s consideration was based on proving systematic elements of violence, namely targeting, isolating, and overpowering. Furthermore, the juvenile recidivism status legally nullifies the right to diversion as regulated in Law Number 11 of 2012. This research concludes that in the context of a recidivist juvenile, legal protection is not manifested through release from charges. Conversely, protection is realized through structured mandatory rehabilitation within a closed institution. The theoretical and practical implications of this research recommend that law enforcement officials more explicitly include recidivism status and the offender’s risk profile as a basis for aggravating considerations in the verdict holding. This is crucial to ensure a balance between offender rehabilitation and societal protection from potential repeated crimes.
- New
- Research Article
- 10.38035/jlph.v6i2.3033
- Feb 15, 2026
- Journal of Law, Politic and Humanities
- Ardio Ragamufti Wisanggeni + 1 more
This research is prompted by the rapid growth of investment in the culinary and recreation sectors within the strategic toll gate area of Gondangrejo, Karanganyar Regency, which has triggered various local investment cooperation models. A prominent phenomenon is the investment agreement at D’Gondangrejo Resto, involving fixed asset capital participation that often lacks specific regulation under named agreement categories. The purpose of this study is to dissect the legal construction underlying such cooperation and analyze the legal protection mechanisms for both investors and business owners to ensure legal certainty. The research method employed is normative legal research with a statutory approach and a conceptual approach, utilizing secondary data consisting of positive legal norms and relevant literature. The results indicate that the legal construction of the D’Gondangrejo Resto investment agreement is an innominate agreement which, substantially, can be analogized to a Limited Partnership (Commanditaire Vennootschap) based on Articles 19-21 of the Indonesian Commercial Code. In this structure, the investor serves as a limited partner (silent partner) responsible only for the capital invested, while the business owner acts as a general partner with full personal liability. Preventive legal protection is realized through clauses limiting liability and rights to financial transparency, while repressive legal protection is available through instruments of compensation and agreement cancellation pursuant to Article 1243 of the Civil Code in the event of a breach of contract (wanprestasi). The novelty of this research lies in its proposal of a commercial law analogy (de facto CV) to provide legal protection standards for micro-to-medium investments using hybrid contract schemes outside formal corporate entities. These findings offer a theoretical contribution to the development of local investment contract law and practical implications for strengthening cooperation agreements in the culinary service sector.
- New
- Research Article
- 10.37567/al-sulthaniyah.v15i1.4997
- Feb 15, 2026
- AL-SULTHANIYAH
- Tika Agyuni Br Hasibuan + 1 more
Dispute of dishonorable discharge of police members, with a study on Decision Number 18/G/2025/PTUN.MDN, The main focus of this research is where the plaintiff objects to the procedure and substance of his dismissal. This research aims to determine the legal considerations of the Medan PTUN panel of judges in deciding the PTDH dispute of police members in decision number 18/G/2025/PTUN.MDN from the perspective of siyāsah qaḍā’iyyah. The research method used is normative legal research with a statutory approach and a conceptual approach. Data were obtained through a literature study of relevant laws and regulations and fiqh siyāsah literature. The Medan PTUN decision in this case still raises legal debate because it does not consider the procedural and substantial aspects of the dismissal of Polri members. This research contributes to improving the practice of administrative justice in Indonesia, especially in Polri personnel disputes
- New
- Research Article
- 10.65310/baqybf18
- Feb 15, 2026
- Journal of Legal, Political, and Humanistic Inquiry
- Kodrat Insany Taqwim
The construction of the Probolinggo–Banyuwangi Toll Road (Probowangi) as part of Indonesia’s National Strategic Projects (Proyek Strategis Nasional/PSN) reflects a complex interaction between spatial planning law, agricultural land protection, land acquisition regimes, and the doctrine of public interest. This study aims to analyze the implementation of spatial planning law in the Probowangi Toll Road project, examine the legal implications of agricultural land conversion, and assess the juridical justification of public interest within the PSN framework. This research employs normative legal research using statutory, conceptual, and case approaches. The findings reveal a normative tension between Law No. 26 of 2007 on Spatial Planning, Law No. 41 of 2009 on Sustainable Agricultural Land Protection (LP2B), and Law No. 2 of 2012 on Land Acquisition for Public Interest, particularly concerning the conversion of productive agricultural land. The administrative reinforcement of PSN acceleration through Ministerial Regulation No. 16 of 2025 strengthens central government intervention but potentially reduces regional authority in spatial control. This study argues that regulatory harmonization is essential to ensure that infrastructure development aligns with principles of spatial justice, food security, and protection of land rights.
- New
- Research Article
- 10.62335/sinergi.v3i2.2386
- Feb 14, 2026
- SINERGI : Jurnal Riset Ilmiah
- Aliza Yohana Simatupang + 2 more
The increasing incidence of fraud crimes employing illegal investment schemes has developed alongside changes in social, economic, and technological structures in modern society. These crimes demonstrate patterns of abuse of trust and manipulation of social relations carried out systematically and repeatedly. This research focuses on examining fraud crimes involving illegal investment schemes from a criminological perspective and on analyzing law enforcement responses to such offenses. The analysis is conducted using criminological theories and theories of law enforcement. This research employs normative legal research aimed at obtaining relevant data related to the research problems. The data used consist of secondary data in the form of primary, secondary, and tertiary legal materials, supported by primary data as a complement to the secondary legal materials. Data analysis is conducted using qualitative juridical analysis. The findings indicate that illegal investment fraud constitutes a form of modern economic crime carried out in a planned manner through the abuse of trust and manipulation of social relations. Law enforcement in this context remains predominantly legalistic and formalistic and has not fully positioned law as an instrument to serve human interests and protect victims of crime. This study suggests that law enforcement authorities should view illegal investment fraud as a systemic and organized economic crime, thereby necessitating stronger criminological analysis to dismantle criminal networks. Furthermore, law enforcement efforts should be directed not only toward the punishment of perpetrators but also toward the protection of victims and the recovery of their losses through strengthened regulation of digital investment activities and the adoption of more progressive, preventive, and adaptive approaches.
- New
- Research Article
- 10.65101/lawric.v2i1.184
- Feb 14, 2026
- Journal of Law, Human Rights, Immigration, and Corrections
- Hussein Alaydrus + 2 more
Unilateral cancellations of music concerts by promoters significantly harm consumers, particularly with the rise of digital ticket sales. This article examines the legal implications of such cancellations and the liability of promoters for consumer losses. It utilizes normative legal research methods focusing on legislation and concepts. Findings indicate that unilateral cancellations may constitute a default on ticket sales contracts and could breach consumer protection rules if transparent information and proper compensation are not provided. A promoter’s liability may only be dismissed under force majeure if it can be proportionately proven. Consumers can seek remedies including ticket price refunds and compensation for tangible and intangible losses. The enforcement of consumer rights through non-litigation and litigation avenues is also discussed, alongside a recommendation for stricter consumer protection standards in concert organization to avert future issues.
- New
- Research Article
- 10.65101/lawric.v2i1.182
- Feb 14, 2026
- Journal of Law, Human Rights, Immigration, and Corrections
- Harun Setiawan Hatibie + 2 more
The e-sports industry in Indonesia is fostering professional relationships between athletes and team management through work agreements. However, the lack of specific legal frameworks has led to concerning contractual clauses, notably the freeze contract clause, which allows team management to indefinitely suspend an athlete's contract while preventing them from pursuing professional opportunities. This study examines the implications of such clauses on athletes' rights and welfare, utilizing normative legal research with legislative and conceptual methodologies. The findings indicate that while the freeze contract is rooted in the freedom of contract principle, it often lacks good faith and balance, resulting in potential bargaining inequalities, loss of wages, and career sustainability issues for athletes. Consequently, there is a pressing need for more precise regulations and contractual guidelines from e-sports institutions to enhance legal protection and equitable welfare for athletes.
- New
- Research Article
- 10.24815/sejarah.v11i1.146
- Feb 14, 2026
- JIM: Jurnal Ilmiah Mahasiswa Pendidikan Sejarah
- Maslihati Nur Hidayati + 2 more
The accelerated evolution of the digital economy in Indonesia underscores the limitations of the safe harbor model in intermediary liability regulations, which are presently reactive in nature. The prevailing legal framework, chiefly rooted in the Electronic Information and Transactions Law (ITE Law) and Minister of Communication and Information Technology Regulation No. 5/2020, has a propensity to confer procedural immunity upon marketplace platforms by allocating the risk and the onus of proof to consumers and small traders, thereby engendering a state of structural injustice. The present study identifies the issue of how to reformulate the principle of intermediary liability so as to align with John Rawls' distributive justice, which emphasises active protection for the most vulnerable. Utilising the framework of normative legal research methodologies, a comprehensive examination was undertaken of the pertinent regulations, employing the critical lens of Rawls' theory of justice. The results of the study propose a transformation from a passive notice-and-takedown approach to a proactive model based on five principles: proportional duty of care, public transparency on moderation and algorithms, no-fault recovery mechanisms for risk redistribution, inclusive verification for micro-sellers, and independent audits to prevent algorithmic discrimination. The objective is to transform intermediary liability into a proactive instrument of justice, thereby ensuring that platforms play a role in maintaining a digital ecosystem that is both fair and safe for all.
- New
- Research Article
- 10.18623/rvd.v23.n4.4630
- Feb 13, 2026
- Veredas do Direito
- Filex Melanton Labobar + 3 more
Legal certainty through customary land registration raises the issue of the existence of customary law communities in national land law politics as well as preventive legal protection through registration of customary land. Recognition of customary law communities with customary rights according to customary law needs to be interpreted as recognition of the customary law system in the land sector. This research method is normative legal juridical research, which is a type of research used to look at legal aspects in social interactions in society. This type of research is normative juridical research, namely legal research whose object of study includes legislative provisions or also called library legal research. Library legal research is research conducted by examining library materials or secondary data only. The problem approach used in this research, namely: statute approach, and conceptual approach. Based on the results of this writing, it is found that the urgency of registering land rights is the legal protection and guarantee of legal certainty for holders of land rights, thus creating a sense of security over the land they control. The registration of customary land into management rights does not guarantee legal certainty and protection of the customary rights of Masyarakat Hukum Adat.
- New
- Research Article
- 10.30652/vxm3kv76
- Feb 13, 2026
- Jurnal Ilmu Hukum
- Natal Frantomas Nababan + 2 more
This article aims to analyze the position and implementation of the principle of Free, Prior, and Informed Consent (FPIC) in forestry business activities that intersect with the rights of indigenous peoples, and examine its relationship with the principles of Good Corporate Governance and the fiduciary obligations of directors in managing legal and social risks. The main issues discussed are the extent to which the national legal system substantively accommodates FPIC and how fragmented norms and weak institutional coordination hinder its implementation in practice. This research uses normative legal research methods with legislative, conceptual, and case study approaches to examine the relationship between international standards, national legal frameworks, and corporate practices in the forestry sector. The main findings indicate that FPIC in the national legal system is still partially constructed and tends to be reduced to a formalistic consultation mechanism, so it does not yet function as a substantive agreement that provides an equal bargaining position for indigenous peoples. This condition is exacerbated by regulatory fragmentation and weak institutional coordination, which leads to a lack of synchronization between the licensing process and the recognition of indigenous territories. This article contributes to strengthening the argument for the need to strengthen legal substance, institutional structures, and legal culture so that corporate governance in the forestry sector is more equitable, sustainable, and respects the rights of indigenous peoples.