JURNAL PEMANDHU

KEPASTIAN HUKUM PENETAPAN WARIS ATAS HAK ISTRI KEDUA YANG SAH BESERTA ANAKNYA SEPERTI HAK YANG DIPEROLEH ISTRI PERTAMA DAN ANAKNYA

2026-02-12T17:35:06+07:00

Legal certainty in determining inheritance for the first wife and his children and the second wife is an issue that is often a source of conflict in family law. In the Indonesian legal system, the distribution of inheritance is regulated based on the Civil Code and Islamic law for Muslims. The main issue that arises is how the inheritance rights of the second wife and her children can be legally recognized, especially if the polygamous marriage is carried out without official permission. The purpose of this research is to find out and analyze the rights of the second wife and her children in obtaining a share of inheritance rights according to the applicable law in Indonesia; the second wife and her children do not get the same inheritance as the first wife and her children. Research Method This research data source consists of primary, secondary, and tertiary data. Primary data is data obtained through legal materials that have binding legal force or that make people obey the law, such as laws and regulations and judges' decisions. In principle, each heir has the right to inherit the inheritance left by the heir, but the law stipulates that there are several heirs who cannot withdraw profits from the inheritance. The law stipulates that there are some people who are considered incapable of receiving benefits from an inheritance (will).

Keywords: Heirs, Wife, Rights, Guardians, Children

ANALISIS YURIDIS TERHADAP PERAN DAN FUNGSI TENAGA AHLI FRAKSI DALAM MENDUKUNG KINERJA ANGGOTA DPRD KABUPATEN TANGERANG

2026-02-12T21:24:17+07:00

In a constitutional system that upholds the principle of the rule of law, the presence of expert staff within legislative party factions serves as a strategic element in supporting the performance of legislators, particularly in carrying out their legislative, budgeting, and oversight functions. The role of expert staff is crucial to ensuring that the legislative process runs effectively, efficiently, and accountably. This study aims to first analyze the recruitment process and the main duties of expert staff; second, examine the practical roles and functions of faction expert staff; and third, explore efforts that can be made to optimize their role within the working system of the Regional House of Representatives (DPRD) of Tangerang Regency, enabling them to contribute meaningfully to the local legislative process. This research uses a qualitative method with a normative-empirical approach. Data were collected through interviews with relevant informants and field observations conducted to directly observe the practical work of expert staff in supporting legislative duties. The results of the study indicate that the role of faction expert staff in the DPRD of Tangerang Regency has not yet been fully optimized. In terms of recruitment, the selection process is still politically driven and not based on competence. In their duties, expert staff are mostly assigned administrative tasks. Field observations show that their substantive functions are not being utilized to their full potential. Furthermore, the absence of a performance evaluation system, regular training, and output-based incentives has led to low motivation and productivity. They have not yet become an integral part of the DPRD’s working system due to unclear institutional status.

Keywords: Faction Expert Staff, DPRD, Recruitment, Performance Evaluation.

PERLINDUNGAN HUKUM TERHADAP KARYA ARSITEKTUR DARI PELANGGARAN HAK CIPTA BERDASARKAN UNDANG-UNDANG ARSITEK NO. 6 TAHUN 2017 DAN UNDANG-UNDANG HAK CIPTA NO. 28 TAHUN 2014

2026-02-12T21:33:44+07:00

The lack of legal certainty and protection for original works has also impacted the declining competitiveness of Indonesia's creative industry on the global stage. Therefore, this study aims to evaluate the implementation of copyright protection for architectural works based on Law No. 28 of 2014 concerning copyright and Law No. 6 of 2017 concerning architects. This study aims to analyze the legal protection of architectural works in Jayapura based on Law No. 6 of 2017 on Architects and Law No. 28 of 2014 on Copyright, as well as to explore the implementation of this protection in addressing copyright violations of architectural works. The research uses a normative-empirical legal approach, with a qualitative method involving interviews with various informants, including the Chairman of the Indonesian Institute of Architects (IAI) Papua, Chairman of the Indonesian Interior Designers Association (HDII) Papua, local government, academics, as well as community leaders and local architects. The research findings indicate that although there is a clear legal framework in both laws, the implementation of copyright protection for architectural works in Jayapura still faces several challenges. Factors influencing this include a lack of understanding among the community and professionals regarding the importance of copyright registration, as well as low legal awareness in handling copyright violations. Furthermore, coordination among related institutions remains suboptimal, making the enforcement of copyright violations in architectural works weak.

Keywords: Legal Protection, Copyright, Architecture, Copyright Registration, Jayapura, Architects' Law, Implementation.

ANALISIS YURIDIS PEMBATALAN PENETAPAN STATUS TERSANGKA DUGAAN TINDAK PIDANA KORUPSI DENGAN ALASAN TIDAK DIDASARI ALAT BUKTI YANG CUKUP

2026-02-12T21:41:08+07:00

The crime of corruption is a form of extraordinary crime that has a broad impact on various aspects of the life of the nation and state. Corruption not only harms state finances but also weakens the legal system, damages social order, and hampers national development. This research aims to analyze the factors that cause corruption, the effectiveness of law enforcement against perpetrators of corruption, and the obstacles faced in the effort to eradicate it. Using the normative juridical method and qualitative approach, this study examines relevant laws and regulations, court decisions, and other secondary data. The results show that despite many efforts, such as the establishment of the Corruption Eradication Commission (KPK) and strengthening regulations, corruption is still rampant due to the weak integrity of the apparatus, ineffective supervision, and a culture of permissiveness in society. The results showed that in several pretrial decisions, judges stated that the determination of a suspect was invalid because it was only based on one piece of evidence or evidence that had not been procedurally verified. In addition, it was also found that the non-fulfilment of investigation procedures, such as the absence of a proper summons or the absence of a case title, was also taken into consideration by judges in cancelling the status of a suspect. These findings indicate the importance of professionalism and prudence of law enforcement officials in carrying out the investigation function, especially in corruption cases that have a major impact on public trust.

Keywords: Determination of Suspects, Pre-trial, Corruption Crime, Evidence, Due Process of Law.

TINJAUAN YURIDIS UPAYA HUKUM TERHADAP ANAK BERHADAPAN DENGAN HUKUM DALAM SISTEM PERADILAN PIDANA ANAK

2026-02-12T21:47:15+07:00

The phenomenon of children facing the law (ABH) is increasingly receiving serious attention along with the increasing awareness of the importance of protecting children's rights in the Indonesian legal system. From the perspective of the Juvenile Criminal Justice System (SPPA), the handling of ABH is no longer just oriented towards criminalization but emphasizes the protection, rehabilitation, and social reintegration of children. This study aims to find out and analyze the definition of children facing the law in the Juvenile Criminal Justice System, the policies implemented, and the forms of legal protection for children's rights that are already running. This study uses a qualitative method with an empirical juridical approach, where data is collected through in-depth interviews, field observations, and documentation studies. The research informants included the Asahan Police PPA Office, the Chairman of LPAI Asahan Regency, and an advocate accompanying children (wisker). Data analysis is carried out through data reduction, data presentation, and conclusion drawing using a thematic approach. The results of the study show that the implementation of SPPA in Asahan Regency has referred to the principles of diversion and restorative justice, but the implementation has not been optimal due to limited resources, lack of socialization, and still strong social stigma against ABH. The government, through the PPA Unit, the Correctional Center, and the P3A Office, and in collaboration with LPAI, has carried out legal assistance, social rehabilitation, and diversion programs, while the community plays a role in eliminating stigma and supporting the social reintegration of children. This comprehensive protection is expected to be able to minimize the risk of repetition of criminal acts, restore the psychological condition of children, and ensure the sustainability of their education and social life.

Keywords: Children in Conflict with the Law, Juvenile Criminal Justice System, Restorative Justice, Diversion, Child Protection.

PERANAN HUKUM DALAM PENYELESAIAN SENGKETA KASUS TIDAK DIKEMBALIKANNYA UANG MUKA DALAM PERJANJIAN KONTRAK KERJASAMA ANTAR PERUSAHAAN

2026-02-12T21:53:36+07:00

The principle of freedom of contract gives legitimacy to the parties who have reached an agreement to be implemented and enforced in an agreement that will bind those who make it. The goal is to know and analyze legal uncertainty in the return of advance payments in company cooperation contracts, as well as to identify the legal rules governing the return mechanism in civil law and applicable laws and regulations. To know the impact of default and termination of the contract on the parties. To assess the effectiveness of dispute resolution mechanisms through litigation and non-litigation in handling the return of advance payments in cooperation. Research findings: The absence of a down payment refund clause in the agreement, lack of written documentation and proof, errors in drafting the lawsuit, and a lack of legal education and contractual planning. An agreement creates a legal obligation or relationship that gives rise to rights and obligations for each party. Therefore, an agreement in the form of a contract is inherently binding, and according to Article 1338, paragraph 1, of the Civil Code, this agreement has the force of law for the parties who made it.

Keywords: Cooperation Contract, Down Payment, Role of Law, Default

PERLINDUNGAN KONSUMEN DAN PELAKU USAHA DALAM TRANSAKSI BISNIS SYARIAH BERDASARKAN TINJAUAN HUKUM ISLAM DAN UU NOMOR 8 TAHUN 1999

2026-02-12T22:00:19+07:00

The development of the sharia economy in Indonesia has encouraged the emergence of various forms of business transactions based on Islamic principles, one of which is the Ijarah Muntahiyah Bittamlik (IMBT) contract, a lease agreement that concludes with the transfer of ownership. This type of transaction is widely used by Islamic financial institutions, particularly in asset financing. This study aims to analyze the Islamic Law and Law No. 8 of 1999 perspectives on the rights and obligations of consumers in sharia business and to examine the rights and obligations of business actors. This research focuses on the application of the IMBT contract at Bank DKI Wahid Hasyim Main Sharia Branch. It employs both normative juridical and empirical juridical methods, with data obtained through literature review, documentation, and interviews with bank representatives and customers. The findings reveal that consumer protection under the IMBT scheme is normatively regulated by Law No. 8 of 1999 and is fundamentally upheld in Islamic Law through the principles of justice, transparency, and responsibility. However, its implementation still requires the strengthening of derivative regulations and oversight by regulatory authorities to ensure legal certainty and fairness for both parties. The study recommends optimizing consumer education and reinforcing contracts based on transparent and fair sharia principles. In practice, there are still issues such as information imbalance, unilateral clauses in contracts, and limited consumer understanding of their rights.

Keywords: Consumer Protection, Islamic Law, Sharia Business.

ANALISIS YURIDIS IMPLEMENTASI KEBIJAKAN PENYELENGGARAAN SISTEM PEMERINTAHAN BERBASIS ELEKTRONIK (MELALUI APLIKASI TANGERANG LIVE) DALAM PENINGKATAN KUALITAS PELAYANAN PUBLIK DI KOTA TANGERANG

2026-02-12T22:08:40+07:00

This research analyzes the implementation of the Electronic-Based Government Systems (SPBE) policy through the Tangerang LIVE application in improving the quality of public services in Tangerang City. Conducted within the Tangerang City Government environment, the study involved various Regional Apparatus Organizations and application users. The objective was to evaluate the effectiveness, legality, and legitimacy of SPBE implementation while identifying challenges and formulating policy recommendations. The research employed a qualitative method, collecting data through in-depth interviews, participatory observation, and document analysis. The findings reveal that the Tangerang LIVE application has enhanced public service accessibility and efficiency, yet faces challenges in regulatory compliance, digital literacy, infrastructure, and inter-agency coordination. Legally, the implementation has not fully aligned with the principles of state administrative law nor ensured adequate protection of personal data. Key recommendations include regulatory harmonization, capacity building, data security enhancement, and participatory strategies to foster inclusive public engagement with digital government services.

Keywords: SPBE, e-government, public service, Tangerang LIVE app, public policy, juridical analysis.

ANALISIS YURIDIS TUGAS DAN WEWENANG KEPOLISIAN DALAM PENGAMANAN UNJUK RASA (DEMONTRASI) DAN MEMBERI PERLINDUNGAN HUKUM TERHADAP MASYARAKAT YANG MENYAMPAIKAN PENDAPAT DI MUKA UMUM

2026-02-12T22:21:38+07:00

In a democratic country, demonstrations are a legitimate form of public participation protected by the constitution. However, in practice, demonstrations in Indonesia are often accompanied by repressive actions by police officers that exceed their authority. This phenomenon raises serious problems, both in terms of legal protection for demonstrators as victims and in terms of the image of the Indonesian National Police (Polri) in the eyes of the public. This study aims to analyze the forms of abuse of authority by officers in securing demonstrations, examine the legal protection mechanisms for victims, and evaluate their impact on police institutions in Indonesia. This study uses a normative and empirical legal approach method, with data obtained through literature studies and interviews with relevant informants in the jurisdiction of Polda Metro Jaya. The results of the study show that human rights violations still occur in securing demonstrations, such as excessive use of force, intimidation, and physical violence that are contrary to laws and regulations. This has implications for decreasing public trust in the Polri and tarnishing the principle of a state based on law. This study recommends the need for reform of mass action security policies, enforcement of the police professional code of ethics, and increasing the capacity of officers in prioritizing a humanist and human rights-based approach in every demonstration security action.

Keywords: Police Duties and Authorities, Demonstrations, Legal Protection, Public Presentation

PERAN KEPOLISIAN DALAM PENEGAKAN HUKUM MELALUI PENEDEKATAN RESTORATIVE JUSTICE PADA KASUS PERKARA TINDAK PIDANA RINGAN

2026-02-12T22:36:42+07:00

The concept of legal justice is creating a state of law that can provide a sense of justice for all its citizens based on the rules in its application, still paying attention to good and quality laws in order to achieve the goals of justice and complete welfare as aspired to by the Indonesian state. It is known that the current problem-solving, which is classified as a minor criminal case, prioritises the concept of restorative justice. The purpose of this research is to find out and analyse the application of restorative justice used by law enforcement in handling minor criminal cases at the Peudada Police and to find out the basic rules used by investigators and the steps in implementing restorative justice, as well as the obstacles they experience. While the research method used by the researcher here is qualitative, namely the empirical legal research method, to observe how the facts occur in the field or in society, so that researchers can make it easier to obtain data in the field according to expectations in the research. Meanwhile, the approach used in this empirical legal research... The results of the study, as the Peudada police chief in resolving problems in minor criminal cases, are more towards resolving through a restorative approach. This is the main part of the police's duties as outlined in Perkap number 6 of 2019, from the resolution of criminal cases, which must be given a place in the legislation, which is also accompanied by the legal basis/theory.

Keywords: The Role of the Police in Law Enforcement: A Restorative Justice Approach in Minor Crime Cases

PENYELESAIAN PERKARA CERAI GUGAT DENGAN SEBAB KEKERASAN DALAM RUMAH TANGGA BERDASARKAN SURAT EDARAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2023

2026-02-12T22:46:06+07:00

Religious Courts play a crucial role in reducing divorce rates by applying the principle of making divorce more difficult, Yet, in practice, many courts still reject divorce petitions based on domestic violence if the spouses have not lived separately for six months, citing prematurity or formal defects. This highlights challenges in implementing the SEMA. This study aims to Examine and analyze the concept of divorce case resolution in Religious Courts before and after the issuance of SEMA No. 3 of 2023 and investigate and assess the implementation of SEMA No. 3 of 2023 in examining, adjudicating, ruling on, and resolving divorce cases caused by domestic violence (KDRT) in relation to the application of SEMA No. 3 of 2023. This research is necessary to evaluate the extent to which SEMA No. 3 of 2023 has provided maximum protection for domestic violence victims and to assess the consistency of applying the principle of complicating divorce in cases involving violence. Without an in-depth study, courts may continue prioritizing legal formalities over the substantive protection of victims, ultimately contradicting the spirit of justice and human rights protection.

Keywords: Divorce Lawsuit, Domestic Violence, SEMA

PERLINDUNGAN HUKUM PRIVASI DI ERA DIGITAL DALAM TANTANGAN DAN PROSPEK PADA PENEGAKAN HUKUM TERHADAP KAJAHATAN CYBER

2026-02-12T22:57:52+07:00

Legal protection of personal data in the digital era is crucial because personal data is a valuable asset that is vulnerable to misuse through various forms of cybercrime, such as data theft, hacking, and online fraud. This study aims to analyse the forms and challenges of legal protection of personal data according to Law No. 27 of 2022 concerning Protection of Personal Data, as well as to examine the judge's considerations in decisions on cases of illegal access to electronic systems based on Law No. 19 of 2016 concerning Information and Electronic Transactions (UU ITE). The type of research used to answer the problems in this writing is normative legal research with a case study approach and empirical data. The results of the study show that the Law on Information and Electronic Transactions (UU ITE), especially Articles 26 and 30 in conjunction with Article 46, provides a legal basis for protecting personal information and imposing sanctions on parties who access or use data without permission. The panel of judges has conducted a comprehensive and thorough analysis in handing down a fair verdict against the defendant, Tahyan Bin Dul Wahid. However, the author is of the opinion that the verdict is relatively light when compared to the impact caused by the defendant's actions.

Keywords: Legal Protection, Law Enforcement, Cyber Crime.

PENEGAKAN HUKUM PENYIMPANGAN BANTUAN DANA SOSIAL DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI DI KABUPATEN KARAWANG

2026-02-12T23:10:28+07:00

This research is motivated by the widespread irregularities in the distribution of social assistance funds (bansos) in Karawang Regency, such as manipulation of recipient data, unauthorized deductions, and fictitious recipients. This situation reflects weak oversight and accountability in the management of social funds, which has resulted in state losses and a decline in public trust in the local government. The purpose of this study is to analyze the implementation of law enforcement procedures for irregularities in the distribution of social funds and to identify factors influencing their effectiveness in the context of corruption. The method used is a normative juridical approach supported by empirical data through literature studies, legal documents, court decisions, and reports from supervisory institutions such as the Corruption Eradication Commission (KPK) and the Ombudsman. The results indicate that law enforcement in Karawang Regency is suboptimal due to weak inter-agency coordination, a lack of transparency in distribution, and low legal awareness. The dominant contributing factors include law enforcement officers, inconsistent implementation of regulations, and a permissive legal culture in society that favors corruption.

Keywords: Law Enforcement, Social Funds, Corruption.