Indonesia Regulation Research Articles

The Criminal Responsibility in Cases of Child Abortion

This study analyzes criminal liability in cases of abortion carried out by minors and considers whether the immature age can be a reason for the elimination of criminal liability. Given that children are in a vulnerable position and often do not understand the legal consequences, social and economic factors such as family pressure, partners, or community stigma also influence their decisions. Using qualitative methods, this study examines legal aspects based on court decisions and regulations in Indonesia and compares legal approaches in other countries. The results of the study show that although children have special legal protection, this does not automatically eliminate criminal liability, except in certain conditions such as coercion or unconsciousness. In many cases, children who have abortions are actually victims of exploitation or sexual violence, so they need protection more than punishment. Therefore, this study emphasizes the importance of legal policy reform that pays more attention to psychological and social aspects, so that the justice system is not only oriented towards punishment, but also towards the restoration and protection of children's rights.

Legal Protection of Persons with Mental Disorders in Health Services in Accordance with Laws and Regulations in Indonesia

This study aims to examine the role of the Pekalongan City Social Service in synchronizing legal protection arrangements for people with mental disorders (ODGJ, Orang dengan Gangguan Jiwa) and to identify forms of legal protection in health services within the framework of Indonesian laws and regulations. The research employs a normative legal research approach, focusing on laws, legal methods, legal principles, and regulations, as well as expert opinions. The problem approach used in this study includes a legislative approach and a conceptual approach. The legislative approach involves reviewing all relevant laws and regulations related to the issue at hand, while the conceptual approach examines theoretical frameworks and principles underlying legal protection for ODGJ. The research methods include the statute approach (analysis of laws and regulations) and an analytical approach, with a focus on inventorying laws and regulations, legal synchronization, and legal discovery in concreto. Based on the findings, it is concluded that the Pekalongan City Social Service has played a significant role in implementing the synchronization of legal regulations related to the protection of ODGJ. Forms of legal protection include ensuring access to standardized mental health services, rehabilitation, empowerment, elimination of shackling practices, availability of psychopharmacological drugs, the right to accurate medical information, protection from violence and discrimination, and the fulfillment of social and legal rights. These protections aim to improve the quality of life for ODGJ, guarantee their rights as citizens, and ensure equal treatment in all aspects of life.

Legal and Regulatory Challenges in the Era of Digital Economy

The development of the digital economy has brought significant changes in the legal regulations governing digital transactions. Regulations in Indonesia, such as the Electronic Information and Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP), still face obstacles in implementing and harmonizing with global standards. Therefore, this study examines the legal challenges in the digital economy and solutions to improve legal certainty for digital business actors in Indonesia. This research uses a normative legal method with a statute, case, and conceptual approach. Analysis was conducted on relevant laws and case studies. The study results indicate that existing regulations are still reactive and not fully adaptive to technological developments, creating legal uncertainty that can hinder innovation and investment in the digital sector. In addition, low public awareness of regulations also contributes to legal problems in digital transactions. The conclusion of this study emphasizes the need for comprehensive legal reform to adjust digital economic regulations to the dynamics of technological developments. Harmonizing regulations, strengthening personal data protection, and increasing the capacity of law enforcement officers are important steps to create a safe and sustainable digital ecosystem. The regulations must be responsive to digital innovation and provide legal certainty for all stakeholders.

Legal Protection for Debtors with Non-Performance Debtors Due to Cessie Practices in Banking Agreements

The debtor defaulted while the creditor desired that the receivables owned be received immediately, aka no longer having to collect from the debtor, who is most likely unable to pay off the credit. This Cessie action is considered legal and can be carried out in Indonesia. However, no single rule regulates its implementation so that it is not carried out arbitrarily. Because the implementation of Cessie in practice is sometimes very detrimental to the debtor, especially debtors whose remaining debt is not much or has little remaining, it is necessary to know the legal regulations related to the transfer of receivables (cession) in resolving bad debts in Indonesia, and what form of legal protection for debtors who are harmed by the implementation of cession according to positive law. This study uses a normative research method with an analytical descriptive analysis method. The regulation of cession is generally regulated in the civil code, precisely in book three concerning obligations and in several special laws such as the Mortgage Law and the Fiduciary Law, and Bank Indonesia regulations in general, cession is permitted as long as the parties agree on it by making a new agreement. Meanwhile, the legal protection for the harmed debtor is a cession agreement that the debtor is not informed of. It can be categorized as an invalid agreement because the object still belongs to the debtor, so it can be canceled or null and void by law.

Penegakan Hukum Terhadap Tindak Pelecehan Seksual Catcalling Dalam Perspektif Hukum Pidana Indonesia

Verbal sexual harassment, including catcalling, is an act that often occurs but is considered trivial or even normalized in society. This study aims to examine the legal regulation of catcalling in Indonesian laws and regulations as well as to find out its law enforcement in the perspective of criminal law. Using a normative juridical approach, this research analyses relevant legal regulations, such as the Law on Sexual Violence (UU TPKS), the Criminal Code (KUHP), and other related regulations. The research findings show that catcalling is an act that violates human rights and norms of decency and has been regulated in various regulations in Indonesia, including the 1945 Constitution, the Criminal Code, the Pornography Law, and the TPKS Law. Although the term catcalling is not explicitly mentioned in these regulations, this act has fulfilled the elements of a criminal offense of decency, non-physical sexual harassment, and violation of individuals rights. Despite this regulation, law enforcement is still constrained by a number of factors, including the lack of public awareness of the seriousness of this act, cultural barriers, and limitations in the law enforcement system. In addition, conflict resolution through a restorative justice approach is often applied, which although providing a peaceful solution, is considered to have less of a deterrent effect on perpetrators.

The Application of Penal Mediation in Handling Minor Criminal Offenses Regulated by Regional Regulations

Purpose This study evaluates the effectiveness of penal mediation in resolving minor offenses under Regional Regulations (Perda) in Indonesia, focusing on reducing court caseloads and aligning with national and local legal frameworks. Methodology A normative legal research method was used, analyzing primary legal materials, such as laws and judicial decisions, supplemented by secondary sources, including case studies. A comparative analysis was conducted with New Zealand’s restorative justice system. Novelty The research highlights the integration of penal mediation within Perda as a tailored approach for minor offenses. It identifies challenges such as regional disparities, limited mediator availability, and insufficient public awareness, offering strategic recommendations. Findings Penal mediation effectively resolves minor offenses by emphasizing dialogue and accountability. However, inconsistent mediator training and lack of institutional support remain key challenges. Conclusion Penal mediation is an effective alternative for minor offenses under Perda. Its success depends on public awareness, standardized training, and institutional support. Lessons from international best practices can help optimize its implementation.

PERATURAN HUKUM PERDATA NASIONAL DI ERA DIGITAL HAMBATAN DAN KESEMPATAN DALAM MELINDUNGI DATA PRIBADI

The digital era has had a significant impact on various aspects of life, including from the perspective of national civil law. The use of digital technology and the internet has given rise to various new sectors such as e-commerce, e-education, and e-health, which have encouraged the creation of new challenges in the civil law system, especially regarding the protection of personal data, electronic contracts, and online business transactions. In the context of civil law, the protection of personal rights and personal data is an important issue, considering the increasingly widespread collection and use of personal data. Apart from that, the development of e-commerce and e-government requires regulations that are able to protect consumer rights, as well as ensure the security of data and transactions in the digital world. This article analyzes the challenges and opportunities that arise in protecting personal data in the digital era as well as the importance of adaptive regulatory updates to face rapid technological advances. This research uses a normative approach with descriptive analysis. Researchers focus on national civil regulations relevant to personal data protection in the digital era, including the Personal Data Protection Law (UU PDP). The goal to be achieved is in order to know, understand; What is the Role of National Civil Law Regulations in the Digital Era? Barriers and Opportunities in Protecting Personal Data. The results of this research are that this research contributes to the understanding of personal data protection regulations in Indonesia and how civil law can adapt in the context of the digital era. The results of this research also enrich legal literature related to legal challenges in the digital era and provide new views regarding the implementation of regulations in the technology sector.

PENGATURAN HAK PENGELOLAAN ATAS TANAH PASKA BERLAKUNYA PERATURAN PEMERINTAH NOMOR 18 TAHUN 2021 TENTANG HAK PENGELOLAAN, HAK ATAS TANAH, SATUAN RUMAH SUSUN, DAN PENDAFTARAN TANAH

The regulation of land law in Indonesia is based on the Basic Agrarian Law (UUPA), which serves as a general framework for land management. The regulation of Land Management Rights is not limited to the UUPA; rather, it is more specifically governed by various laws and regulations, including Government Regulations and Ministerial Regulations. The introduction of the Job Creation Law has significantly impacted land sector regulations in Indonesia. A key development in this area was the issuance of Government Regulation Number 18 of 2021, which addresses Management Rights, Land Rights, Flats, and Land Registration. The problem addressed in this study is how land management rights are regulated in Indonesia following the enactment of Government Regulation Number 18 of 2021. The aim of this research is to examine the regulation of land management rights in Indonesia after the implementation of this Government Regulation. The research method employed is normative legal research. The findings of the study reveal that, following the enactment of Government Regulation Number 18 of 2021, management rights are now more comprehensively regulated, although the exact duration of management rights remains unspecified and is dependent on the terms of the management agreement.

APLIKASI PENGELOLAAN KEGIATAN KAMPUS BERBASIS MOBILE MENGGUNAKAN METODE AGILE

Students in the campus environment often miss important information conveyed through WhatsApp or unstructured communication media. In addition, lecturers are not always able to monitor every message in the group, causing announcements to get lost among many other messages. This issue requires a solution in the form of a centralized and efficient campus activity management application. This application aims to make it easier for lecturers to deliver announcements directly and in an organized manner, while also serving as an integrated platform that supports communication between lecturers, students, and campus administration. The methodology used in this study includes internal data analysis based on daily operational observations on campus, as well as consultations with lecturers and students without involving surveys or questionnaires. The analysis is conducted to assess the technical, economic, operational, legal, and scheduling feasibility of the application development.The results of this study show that this application is feasible to develop using React Native for cross-platform development, Java script for the backend, and Firebase as the database. This application is also designed to comply with data security and privacy standards in accordance with regulations in Indonesia. With a simple and user-friendly interface, this application is expected to facilitate information delivery, save time, and improve the efficiency of campus activity management.

Online Loan Regulation in Indonesia: Challenges and Solutions for the Community

The development of financial technology in Indonesia has driven the growth of online lending services (fintech lending) as an alternative source of funding that is easily accessible to the public. However, behind its benefits, various challenges have emerged, such as the rise of illegal online loans, weak consumer protection, and the increasing risk of default. The regulations implemented by the Financial Services Authority (OJK) and related agencies aim to regulate and supervise these services so that they continue to run in accordance with healthy and fair financial principles. This study discusses the main challenges in implementing online lending regulations, including low financial literacy among the public, unethical collection practices, and limitations in supervision and law enforcement. In addition, this study also outlines various solutions that can be implemented, such as tightening regulations, improving financial education, strengthening data security technology, and providing safer funding alternatives for the public. In conclusion, the success of online lending regulations is highly dependent on the synergy between the government, financial institutions, and the public in creating a more transparent, safe, and beneficial lending ecosystem for the national economy. With the strengthening of regulations and higher public awareness, it is hoped that fintech lending can develop healthily without harming users.

An Analysis of Halal Assurance Practices as a Support for Sustainability in SME'S Bakery Production

Purpose: The purpose of this study is to analyze the consistency and suitability of the implementation of the Halal Product Assurance System (SJPH) in bakery MSMEs based on the Halal Product Assurance System (HAS) regulations in Indonesia, with an emphasis on environmental impacts and operational sustainability. Methodology: The research method used is qualitative descriptive observational. Results: The results of this study indicate that Rumah Roti UMKM has met 10 of the 11 criteria in the Halal Product Assurance System (SJPH), However, there is one criterion that has not been met, namely internal audit. Rumah Roti only conducts an internal audit once a year, which is considered insufficient to ensure compliance with halal standards and environmentally friendly practices consistently. Overall, although Rumah Roti has been quite good at implementing SJPH, improvements in internal audits are needed so that halal compliance and sustainability can be better maintained in the long term. Applications/Originality/Value: This study not only analyzes the implementation of the Halal Product Assurance System (HAS) in bakery MSMEs, but also emphasizes the environmental impact and operational sustainability. The focus on environmental aspects in halal certification is still rarely studied in the context of food MSMEs in Indonesia.

Legal Protection Instruments and Fulfilment of Children's Rights as Victims of Domestic Violence Within National Regulations in Indonesia

Legal Protection Instruments and Fulfilment of Children's Rights as Victims of Domestic Violence Within National Regulations in Indonesia

Legal Regulations on The Use of Blockchain Technology in Indonesia

Blockchain technology has become one of the most revolutionary innovations in the digital era, offering transparency, security and efficiency in various sectors. In Indonesia, adoption of this technology continues to grow, especially in the financial, logistics and government sectors. However, legal regulations governing the use of blockchain technology are still in the developing stage. This article aims to analyze existing legal regulations in Indonesia regarding the use of blockchain technology, identify the legal challenges faced, and provide recommendations for developing a more comprehensive legal framework. Using a normative approach, this research found that although there are several relevant regulations, such as the ITE Law and OJK Regulations, there are still legal gaps that need to be addressed to ensure safe and efficient blockchain adoption in Indonesia.

System of Islamic Banking Regulation in Indonesia and Malaysia

This study discusses the Islamic banking regulation system in Indonesia and Malaysia, two countries with the largest Muslim populations that play an important role in the development of the global Islamic finance sector. The main objective of this research is to compare and analyze the differences and similarities in Islamic banking regulations between the two countries, which have different legal backgrounds and financial systems. This study examines the legal foundations regulating Islamic banking in Indonesia and Malaysia, as well as how these regulations are implemented to support the sustainable development of the Islamic banking industry. Furthermore, this research also explores the challenges faced by both countries in ensuring compliance with Sharia principles, as well as efforts to create an inclusive and stable system in the banking sector. The novelty of this research lies in its in-depth understanding of the contextual differences in the implementation of Islamic banking regulations, as well as the comparison of policy and strategy aspects applied in Indonesia and Malaysia, providing a new contribution to the study of Islamic banking regulation in Southeast Asia.

Nikah Mut’ah di Iran dan Indonesia antara Regulasi dan Praktek

This research aims to explore the rules and regulations of mut'ah marriage in Iran and Indonesia and analyze the practice in both countries. This research is library research using qualitative methods with a descriptive-analytic approach. The results of this research found that mut'ah marriages are officially regulated in marriage regulations in Iran, specifically in The Civil Code of The Islamic Republic of Iran 2000. These temporary marriages are recognized and equivalent to permanent marriages in general, and stipulate provisions that must be complied with in its implementation. However, in this modern era, the practice of mut'ah marriage in Iran is starting to be abandoned. In contrast to Indonesia, where there are no rules governing contract marriage law, it is not even recognized in regulations in Indonesia. However, in reality, the practice of contract marriage is increasingly common among Indonesian people.

The authority relationship of Central and Local Governments in forming laws and regulations: between Indonesia and Malaysia

This study examines how the powers of the federal government and local governments interact to create laws and regulations in Malaysia and Indonesia. In most countries, the central government is not the only regulator in developing laws and regulations. Regional governments are vested with the authority to manage government affairs delegated to them. This authority includes the power to draft and enact regional regulations, reflecting regional independence in administering local governance. Regional regulations serve as strategic tools to achieve the objectives of decentralization, fostering greater autonomy by empowering regions to address local needs through tailored legislation. However, the delegation of such authority also presents the potential for regulatory conflicts between the central government and regional governments or among regions themselves. Consequently, a comprehensive analysis is essential to evaluate how the relationship between central and regional governmental authorities influences the legislative process in Indonesia. Employing a legal comparative approach provides an effective method for examining the dynamics of regulatory authority between the central and regional governments, offering valuable insights and policy recommendations to harmonize the framework for statutory regulation. The findings highlight those regional regulations play a crucial role in supporting decentralization, yet conflicts between central and regional authorities are inevitable. Comparing the cases of Indonesia and Malaysia, the study underscores the need for clear and collaborative frameworks to harmonize central and local authorities in forming laws and regulations, ensuring legal certainty and effective governance.

Ketertelusuran Rantai Pasok Bahan Baku Farmasi Sebagai Upaya Peningkatan Kualifikasi dan Keamanan Pemasok

The case of pediatric oral liquid formulations in Indonesia found to contain Ethylene Glycol (EG) and Diethylene Glycol (DEG) contaminants exceeding permissible limits was traced to propylene glycol excipients with inadequate supply chain traceability, resulting from pharmaceutical manufacturers' failure to implement proper supplier qualification in accordance with established standards. The aim of this study is to identify the stages in ensuring supply chain traceability and compare various national and international regulations related to supply chain traceability as part of supplier qualification. Based on the literature review conducted, it was found that there are still gaps between regulations in Indonesia and international regulations. Although regulations in Indonesia have made significant progress, there is still room for improvement and development in several areas such as risk management, evaluation systems, and documentation to enhance the safety and quality of pharmaceutical raw materials used in Indonesia.

Enhancing Justice Collaborator Regulations in Indonesia: a Legal Framework for Strengthening Criminal Justice and Achieving SDG 16

Enhancing Justice Collaborator Regulations in Indonesia: a Legal Framework for Strengthening Criminal Justice and Achieving SDG 16

Introducing an ethical lobbying regulation in Indonesia: A policy recommendation

Introducing an ethical lobbying regulation in Indonesia: A policy recommendation

Legal Reconstruction of Hadhanah Rights Due to Divorce in Indonesia from a Maqashid Syari’ah Perspective

The issue of child custody (Hadhanah) following divorce in Indonesia remains a critical legal concern, particularly in ensuring children's welfare. Indonesian regulations, including Law No. 1 of 1974 and the Compilation of Islamic Law (KHI), govern custody based on the child’s age and impose an obligation on parents to provide financial support. However, these regulations lack sanctions for parents who neglect their responsibilities, leading to concerns over inadequate care, education, and financial support for children. This study aims to analyze the legal reconstruction of Hadhanah rights from the Maqashid Syari’ah perspective to ensure better child protection. The research employs a library research methodology, examining various legal sources, scholarly works, and judicial decisions to assess the existing legal framework and its implementation in judicial practice. The findings reveal that Indonesian courts typically grant custody to the mother for children who have not yet reached the age of discernment (mumayyiz), following normative legal provisions. However, some judges decide contra legem, prioritizing the child’s best interests based on Maqashid Syari’ah. For example, the Padang High Religious Court granted custody to the father, considering the child's welfare. Enforcement of custody decisions involves forcibly placing the child with the designated guardian, while financial support enforcement is executed through asset seizure from non-compliant parents. To enhance child protection, legal reconstruction is necessary through regulatory reforms and judicial discretion. Revisions should include the introduction of sanctions for negligent parents and the establishment of specialized institutions for child welfare. Judicial reform should provide equal custody opportunities for both parents while prioritizing the child's best interests in alignment with Maqashid Syari’ah principles.