JURNAL PEMANDHU

STATUS HUKUM PENGANGKATAN ANAK TANPA PUTUSAN PENGADILAN DI KOTA TANGERANG BERDASARKAN PERATURAN PEMERINTAH NOMOR 54 TAHUN 2007 TENTANG PELAKSANAAN PENGANGKATAN ANAK

2026-01-22T17:00:04+07:00

Children are valuable assets whose rights must be protected. Adopted children are entitled to legal status, and this is evidenced by the determination of the court that legally states that the adoption of the child has occurred and is valid in the eyes of the law, but in reality only a few are legally recorded. The purpose of this research is firstly to find out and analyze the legal status of child adoption without a court decision, second to find out and analyze the role and authority of the Tangerang City Government, and third to find out and analyze the constraints of the Tangerang City Government as well as the District Court and the Tangerang City Religious Court in the process of child adoption in Tangerang City. The method used is empirical juridical with an analytical descriptive approach. The data source used is the primary data source, namely by conducting interviews, and the data collection technique used is to prioritize field studies followed by literature studies and qualitative analysis. The results of this study are, first, the legal status of child adoption without a court decision is invalid and is considered a violation of the law; affect the distribution of inheritance; as well as population status, the two duties of each Regional Apparatus Organization (OPD) and related institutions in the Tangerang City Government include the Social Service as the coordinator and supervisor of child adoption, the District Court as a related institution that gives decisions, the Religious Court as a related institution that gives decisions in the case of Muslim children, and the Disdukcapil which is in charge of providing a marginal record deed and Child Identity Card (KIA), and the three obstacles of OPD and related institutions in the Tangerang City Government include the Social Service has limited regional budgets and limited social workers, the District Court whose applicants are not orderly in submitting applications, religious courts whose applicants lack files and lack of witnesses in the trial, and Disdukcapil still has a lot of data manipulated

Keywords: Legal Protection, Crime, Economic Exploitation

ANALISIS YURIDIS PRINSIP KEPESERTAAN WAJIB BAGI PERUSAHAAN DALAM UU NO. 24 TAHUN 2011 TENTANG BPJS DITINJAU DARI ASAS KEMANFAATAN HUKUM

2026-01-22T17:11:38+07:00

The implementation of the National Health Insurance Program ensures that all people have social protection in the health sector, but it is still undeniable that the government's incessant efforts to require all its citizens to be registered with BPJS Kesehatan through policies that are considered irrelevant and actually burden the community and have a counterproductive impact in an effort to advance production, national productivity, people's welfare, and the nation's culture. The purpose of this research is first: To find out the implications arising from the mandatory registration rules of BPJS Kesehatan in Law Number 24 of 2011 concerning BPJS on Companies, second, To find out the benefits of health insurance provided by BPJS Kesehatan according to the provisions of Law Number 24 of 2011 concerning BPJS in improving welfare and third, To find out the legal benefits arising from the regulation of the principle of compulsory membership for companies and all workers become participants of BPJS Kesehatan in Law No. 24 of 2011 concerning BPJS. The researcher uses a literature research method with a data collection method in the form of secondary data documentation and interviews with data analysis techniques using content analysis techniques. The results of the analysis show that first, the implications of the mandatory registration rules of BPJS Kesehatan in Law Number 24 of 2011 concerning the Social Security Administration Agency in Companies are an increase in costs that must be incurred by the Company, second, BPJS Kesehatan has a complete health insurance benefit program including promotive, preventive, curative, and rehabilitative services that can actually be accessed by its participants anywhere and anytime with the stipulated terms and conditions by BPJS Kesehatan. Third, the application of the principle of compulsory membership of BPJS Kesehatan in Law Number 24 of 2011 concerning BPJS for the Company and all its workers when reviewed from the Principle of Legal Utility.

Keywords : Compulsory Membership, BPJS Kesehatan, Legal Benefits.

ANALISIS PERLINDUNGAN HUKUM TERHADAP PELAKU ANAK SEBAGAI KURIR NARKOBA YANG DIPIDANA PENJARA DALAM PRESPETIF HAK ANAK

2026-01-22T17:22:42+07:00

Narcotics abuse no longer looks at age, starting from children, adolescents, adults to the elderly, even though they are not spared from the snares of narcotics abuse. The increase in the involvement of children as narcotics couriers in narcotics crimes needs serious attention from all parties, especially law enforcement. Children who undergo legal proceedings must be treated specifically so as not to damage their future. The purpose of this research is First, to find out the legal protection of children as narcotics couriers in the perspective of the juvenile justice system, Second, to find out how Indonesian law treats child perpetrators who become drug couriers, Third, to find out the obstacles and efforts in providing legal protection for children as narcotics couriers. The research method used is a normative juridical approach, with primary, secondary and tertiary legal sources. Results of the research on obstacles and efforts to protect children as narcotics users Legal Factors There are no implementing rules regarding diversion efforts so that law enforcement officials are sometimes still hesitant in the implementation of these efforts, Second, Law Enforcement Factors, in practice there are many regions in Indonesia whose law enforcement officials have not met the special requirements to conduct an examination process for children's cases, Third Factor Facilities or Facilities, lack of support in the form of material or budget to support the means or facilities to carry out the process of examining children's cases.

Keywords : Legal Protection, Crime, Economic Exploitation

PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA YANG DI PHK SECARA SEPIHAK

2026-01-22T17:37:44+07:00

The phenomenon of termination of employment has always given birth to conflicts and controversies between companies/employers and employees/workers affected by termination of employment. Termination of the employment relationship between workers and employers (employers), commonly known as layoffs, can occur because a certain period of time has expired that has been agreed upon in advance and can also occur due to disputes between workers and employers. The purpose to be achieved is to find out and analyze the legal protection for workers who are unilaterally laid off according to Law No. 13 of 2003 concerning Manpower, to find out and analyze the mechanism for resolving industrial relations disputes, and to study and discuss the considerations of the judges of the Central Jakarta District Court in deciding case number 363/Pdt.Sus-PHI/2022/PN Jkt.Pst. The research methods used are normative juridical research. The results of the research in this study are first, that the fulfillment of workers' rights as worker protection due to termination of employment (PHK) is outlined in Article 1 of the Decree of the Minister of Manpower Number Kep-150/Men/2000 in the form of severance pay, service award money, and compensation. As for the big details and their formulation, they are further regulated in Law No. 13 of 2003 concerning Manpower, namely regarding severance pay in Article 156 Paragraph (2) and Paragraph (3). Second, there are 3 mechanisms for resolving industrial relations disputes, namely through bipartite efforts (mediation, conciliation, and arbitration) and lawsuits to the Industrial Relations Court. In decision number 363/Pdt.Sus-PHI/2022/PN Jkt.Pst. Third, the Panel of Judges concluded that the subject of the dispute was that there was a dispute over Termination of Employment (PHK) between the Plaintiff and the Defendant. According to the judge, the reason why the Defendant had unilaterally terminated the employment relationship against the plaintiff by removing the plaintiff's absence was proven to be without procedure, so that the layoffs carried out by the defendant against the plaintiff were proven to be not in accordance with the applicable laws so that they were invalid and null and void.

Keywords: Legal Protection, Unilateral Layoffs, Employment, Settlement

PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA BERDASARKAN PASAL 44 AYAT 4 UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA

2026-01-22T17:49:00+07:00

Women as wives in their families should get protection from their husbands. The purpose of this study is to find out and analyze how the form of protection for women who are victims of domestic violence based on Article 44 Paragraph 1 of Law No. 23 of 2004, to know and analyze obstacles in efforts to provide legal protection for women who are victims of domestic violence and how to overcome them, and to find out the judge's consideration of perpetrators of domestic violence crimes (KDRT) of physical violence susami against the wife in decision number 496/Pid.Sus/2023/PN Rhl. The research method used is the normative juridical type. The result of this study is that legal protection for women in domestic violence is not enough if it is only based on the ratification of international conventions. As for the obstacle, namely the legal factor itself, the weakness of Law No. 23 of 2004 concerning the Elimination of Domestic Violence lies in the delicacy of complaints. The judge's consideration in the decision number: 496/Pid.Sus/2023/PN Rhl. Article 44 Paragraph 1 of Law No. 23 of 2004 provides certainty It is hoped that knowledge of domestic violence will be increased in terms of actions classified as domestic violence and laws that regulate domestic violence, reduce violence that occurs and increase solidarity with people who have experienced criminal acts in the family.

Keywords: Criminal acts, persecution, Against the Law.

ANALISIS YURIDIS PENYALAHGUNAAN DANA BANSOS PROGRAM KELUARGA HARAPAN DALAM PEMANFAATANNYA OLEH KELUARGA PENERIMA MANFAAT DI KECAMATAN LARANGAN KOTA TANGERANG

2026-01-22T18:17:12+07:00

Social welfare is a system of social life and livelihood, both material and spiritual, encompassed by a sense of safety, morality, and inner and outer peace, enabling every citizen to optimally fulfill their physical, spiritual, and social needs for themselves, their families, and the community, while upholding basic human rights and obligations in accordance with Pancasila. Larangan District is one of the areas where the community receives assistance from the Family Hope Program (PKH). The purpose of this study is to determine what are the forms of misuse of the Family Hope Program (PKH) social assistance funds by beneficiary families (KPM) and what factors cause the misuse of social assistance funds in Larangan District, Tangerang City, to identify how the legal aspects (laws) regulate the use of PKH social assistance funds and what legal efforts or solutions can be taken to prevent misuse of social assistance funds by KPM in Larangan District, Tangerang City, to find out what is the impact of misuse of PKH social assistance funds by KPM on the effectiveness of the program in reducing poverty, and whether the local government has carried out an effective supervisory function on the use of PKH social assistance funds in Larangan District, Tangerang City. In this study the author uses empirical juridical research, namely research that uses direct observation, experiments, or data collection based on facts in the field. In conducting research, the author juxtaposes literature studies with primary data sources obtained directly from informants. Primary data sources are obtained from data collection carried out by the author through observation, interviews, and documentation. The research findings revealed the following: forms of misuse of PKH social assistance funds by beneficiaries (KPM) and factors contributing to misuse of social assistance funds in Larangan District, Tangerang City; the legal aspects governing the use of PKH social assistance funds; legal measures or solutions that can be taken to prevent misuse of social assistance funds by beneficiaries (KPM) in Larangan District, Tangerang City; the local government's effective oversight of the use of PKH social assistance funds; and the impact of misuse of social assistance funds on the effectiveness of the PKH Program in reducing poverty in Larangan District, Tangerang City.

Keywords: Misuse, Utilization, Social Assistance Funds, KPM, PKH

ANALISIS YURIDIS PENJATUHAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN LUKA BERAT DITINJAU DARI PERATURAN PERUNDANG-UNDANGAN

2026-01-22T19:54:35+07:00

Persecution is an act of crime that is committed by deliberately damaging the health of others so that a person experiences injuries or illnesses in someone's body. This persecution is also usually carried out because of a grudge or feeling degraded by others. The purpose of this study is to find out and analyze the application of criminal sanctions against perpetrators of criminal acts of persecution that result in serious injuries according to several laws and regulations, to find out and analyze if the criminal sanctions imposed by judges are in accordance with the purpose of the crime and based on justice, and to analyze the judge's legal considerations in imposing a verdict on the crime of persecution that results in serious injuries in Decision Number 136/Pid. B/2019/PN Tng. The research method used is a normative juridical approach, with primary, secondary, and tertiary legal sources. The results of the research in the application of punishment to the perpetrators of the crime of persecution that caused serious injuries in this case, according to the author of the public prosecutor, have been correct in determining the indictment. Crimes that cause suffering to the victim, which result in not only physical suffering but also mental and psychological, must be given more attention by law enforcement officials. Besides that, the judge is very appropriate in making considerations based on several existing elements. Based on the existing facts, the perpetrator has legally and convincingly committed the criminal act of "persecution that causes serious injury" as regulated and criminally threatened in article 351 paragraph (2) of the Criminal Code with a prison sentence of 2 (two) years and 8 (eight) months.

Keywords: Criminal, Persecution, Serious Injury

ANALISIS YURIDIS KEBIJAKAN PENDIRIAN BADAN HUKUM BADAN USAHA MILIK DESA YANG MUDAH DAN EFEKTIF DITINJAU DARI POLITIK DESA DAN RENCANA USAHA DI KABUPATEN BOGOR

2026-01-22T20:02:26+07:00

The Village Deliberation within a Village-Owned Enterprise (BUM Desa) is the highest forum within the BUM Desa organizational structure. It is also the highest forum at the village level for policymaking on strategic matters within the village. The purpose of this study is to determine and analyze: a. The process of establishing a BUM Desa and its relationship to village politics, as well as the influence of village politics on the establishment of Village-Owned Enterprises (BUMDes) in Bogor Regency; b. The process of village deliberations and whether village politics influence the decision-making process for establishing a BUM Desa in Bogor Regency, and how to develop a business plan that is successfully accepted as one of the requirements for applying for a BUM Desa legal entity; c. Factors that contribute to failure in the BUM Desa registration process in Bogor Regency. This study used an empirical normative legal research method. The results indicate that: The formation of BUM Desa in Bogor Regency is carried out through village deliberations. Implementing quality village deliberations with qualified participants and a proper understanding of the deliberations will result in better decisions regarding the formation of BUM Desa. Holding a quality village deliberation requires a conducive social atmosphere (village politics). The quickest way to establish a Village-Owned Enterprise (BUM Desa) in Bogor Regency as a legal entity is through the intervention and full support of various stakeholders in facilitating and assisting with the BUM Desa legal entity registration process. In addition to following the formats outlined in the appendix to Permendesa PDTT Number 3 of 2021, assistance/facilitators are needed to assist with communication with verifiers or oversee the administrative process carried out by the Bumdes. Factors contributing to failure in the BUM Desa legal entity registration process in Bogor Regency includes: Document formats that do not comply with the provisions of Permendesa PDTT Number 3 of 2021; Insufficient administrative skills of Bumdes Management; failure to follow established administrative procedures.

Keywords: Bumdes, BUM Desa, Bumdes Legal Entity, Village Deliberation, Village Politics

PERLINDUNGAN HUKUM TERHADAP ANAK PENGGUNA SEPEDA LISTRIK DI KOTA TANGERANG DITINJAU MENURUT UNDANG-UNDANG NOMOR 22 TAHUN 2009 DAN PERMENHUB NOMOR 45 TAHUN 2020

2026-01-22T20:11:54+07:00

Legal protection in Indonesia is currently a hot topic of discussion, especially with regard to electric bicycles, which are a modern means of transportation. The objectives of this study are 1) to identify and analyze the legal regulations governing the use of electric bicycles in the city of Tangerang, 2) to identify and analyze the legal protection for children who use electric bicycles in the city of Tangerang, and 3) to identify and analyze the legal consequences for children who use electric bicycles in the event of an accident. This study is a normative legal analysis based on library research and field research, utilizing both primary and secondary data, conducted qualitatively. Based on the research findings, the following conclusions were drawn: 1) Minister of Transportation Regulation No. 45 of 2020 classifies electric bicycles as specific vehicles with electric motor propulsion and sets a minimum age for users, while the Traffic Law does not yet classify electric bicycles. 2) Legal protection for children using electric bicycles in the city of Tangerang is in the form of preventive protection through socialization to prevent children from using electric bicycles on public roads. 3) In the event of an accident involving an electric bicycle, the legal responsibility of the user leans toward civil law, with parents as the party responsible for the child's actions. On the other hand, criminal aspects are subject to the provisions of the Child Protection Law with a rehabilitative approach. This study recommends the need to revise Law No. 22 of 2009 to explicitly regulate electric bicycles to avoid legal gaps.

Keywords: Electric Bicycles, Legal Regulation, and Legal Protection

TINJAUAN HUKUM TENTANG SURAT VISUM ET REPERTUM DALAM PROSES PEMBUKTIAN PERKARA PIDANA PEMERKOSAAN

2026-01-22T20:23:17+07:00

Crucial pieces of evidence in rape cases is the visum et repertum, which provides scientific and objective medical testimony. However, in practice, the visum often encounters obstacles such as procedural issues, timing, and law enforcement officers’ understanding of its role in the evidentiary process. This study aims to examine in depth the legal standing of the visum et repertum as evidence in rape cases, as well as to assess the effectiveness of law enforcement and the role of medical experts in the evidentiary process. The issues addressed include: the effectiveness of regulations and legal implementation in rape cases; the accountability of medical experts in issuing the visum et repertum; and the evidentiary strength of the visum et repertum as a foundation for proof in criminal rape cases. The research method used is juridical- empirical, with a descriptive-analytical approach. The findings indicate that, normatively, the legal framework for rape cases is well established, yet practical challenges remain, especially regarding the procedures for requesting a visum. The visum et repertum holds a significant position as documentary evidence in Indonesia's evidentiary system, but its strength relies heavily on the timeliness of the examination, the competence of the medical personnel, and the completeness of its format and content. From a legal theory perspective, the visum et repertum reflects the principles of the rule of law by reinforcing a fair legal process, embodying the principle of legal certainty in penal theory, and supporting an objective and scientific evidentiary approach. The visum et repertum can serve as a strong foundation for proving rape cases if conducted according to proper procedures, in a timely manner, and by competent and accountable experts. Therefore, enhancing coordination between law enforcement agencies and medical personnel, as well as strengthening the capacity of investigators and forensic doctors, is essential to achieve an effective and accountable evidentiary process.

Keywords: Visum et Repertum, Rape, Evidence, Criminal Offense, Criminal Procedure Law.

ANALISIS YURIDIS TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM TERKAIT KEJAHATAN SIBER MENURUT REGULASI DI INDONESIA

2026-01-22T20:31:46+07:00

Law enforcement against children who are facing the law, especially in cases of cybercrimes such as child pornography, face a variety of legal and social challenges. This study aims to analyze the effectiveness of the implementation of the Juvenile Criminal Justice System as stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and the obstacles faced in its implementation. This study uses a normative juridical approach with an analytical descriptive method to examine laws and regulations and judicial practices in handling cases involving children as perpetrators and victims. The purpose of this study is to find out and analyze how the application of the law to children who face the law in handling cybercrime crimes, and the obstacles faced in the law enforcement process against children who face the law in cybercrime crimes, as well as to find out the impact and potential that arises on children in dealing with developments in the digital era with the threat of cybercrime so that this research provide benefits or usefulness for other people and carrying agencies in handling children. The research was carried out at the Directorate of Cyber Crime of the Criminal Investigation Branch of the National Police with the processing and analysis of data and interviews of informants. The results of the study show that children who are in conflict with the law, hereinafter referred to as Children, store content that contains immoral content and/or child pornography on the child's google account, which ultimately has the desire to do scenes like the content that contains pornography. In the implementation and implementation of the handling of cases against Children Facing the Law (ABH) even though Law Number 11 of 2012 has regulated the diversion mechanism and restorative justice approach, its implementation still faces obstacles, including lack of understanding by law enforcement officials, limited child rehabilitation facilities, and lack of digital literacy among the community. The cases studied in this study reveal that environmental factors, lack of parental supervision, and the prevalence of internet access without adequate control are the main causes of the increase in children's involvement in cybercrime. Therefore, synergy is needed between the government, law enforcement officials, educational institutions, and families in improving the protection of children from the risk of cybercrime. In addition, policy reforms that are more adaptive to the development of digital technology need to be implemented to ensure that the juvenile criminal justice system can function effectively and provide maximum protection for children facing the law.

Keywords: Juvenile Criminal Justice System, Diversion, Restorative Justice, Cybercrime, Child Protection.

PERLINDUNGAN HUKUM PADA PEKERJA INDUSTRI LAYANAN LOGISTIK TERHADAP KONTRAK KERJA (STUDI KASUS SHOPEE EKSPRESS)

2026-01-22T20:44:23+07:00

This study discusses the legal protection of workers in the logistics service industry regarding employment contracts, with a case study of Shopee Express. The objective of the research is to analyze the implementation of employment contracts or agreements at Shopee Express, to examine the forms of legal protection for workers under contract or agreement status, and to identify the supporting and inhibiting factors in the implementation of legal protection for such workers at Shopee Express. Using a normative juridical research method, the study found that the implementation of employment contracts at Shopee Express still faces challenges in fulfilling the provisions of the Indonesian Labor Law No. 13 of 2003 and the Job Creation Law No. 11 of 2020, particularly concerning workers' fundamental rights such as overtime pay and safety guarantees. These discrepancies lead to dissatisfaction, especially regarding the transparency of wage calculations and overtime compensation, which negatively affect workers’ motivation, loyalty, and productivity. This situation contributes to a high turnover rate, undermining the company’s operational efficiency. Improving transparency and supervision, as well as aligning contract practices with applicable regulations, can help create a harmonious working relationship, strengthen employee loyalty, and reduce the risk of conflict and legal sanctions.

Keywords: Legal Protection, Employment Contract, Labor Law, Shopee Express, Contract Workers.

DAMPAK PERCERAIAN DI BAWAH TANGAN TERHADAP ANAK DAN PEREMPUAN DIHUBUNGKAN DENGAN UNDANG-UNDANGNOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

2026-01-22T20:50:21+07:00

Marriage and divorce are social institutions with significant legal implications, particularly for women and children. However, the practice of unregistered or unofficial divorce—divorce not legally recorded by the authorized institution—remains prevalent in Indonesia, especially in rural areas and among communities with low legal literacy. This study aims to analyze the impact of unregistered divorce on women and children within the framework of Law No. 1 of 1974 on Marriage and its relevance to the Constitutional Court Decision No. 46/PUU-VIII/2010. Employing an empirical juridical approach with qualitative methods, the research was conducted through literature review, analysis of statutory regulations, and in-depth interviews with judges of the Cianjur Religious Court, community leaders, and women who have experienced unregistered divorce. The findings reveal that unregistered divorce has serious legal consequences for both women and children. Children often face difficulties obtaining birth certificates that include their father’s name, which in turn affects their civil rights, such as inheritance, financial support, and access to education. Women, on the other hand, lose access to economic and legal rights such as claims to joint marital property and custody of children due to the absence of official divorce documentation.

Keywords: unregistered divorce, protection of women and children, Marriage Law

PERANAN KEPOLISIAN DALAM MENEKAN ANGKA KECELAKAAN DAN RESIKO FATALITAS KECELAKAAN LALU LINTAS DI WILAYAH HUKUM POLRES LEBAK POLDA BANTEN

2026-01-22T20:58:50+07:00

Articles 240 and 241 of Law No. 22 of 2009 concerning Traffic and Road Transportation state that every traffic accident victim has the right to receive first aid and treatment at the nearest hospital in accordance with statutory provisions. In reality, these rights are often not optimally fulfilled for traffic accident victims, either by the government through its officials, or by drivers or transportation service providers. This study aims to identify and analyze the factors that cause traffic accidents and the procedures for handling traffic accident cases carried out by the Law Enforcement Unit of the Lebak Police Traffic Unit. This study aims to identify and analyze the role and efforts of the Lebak Police Traffic Unit to reduce the number of traffic accidents and reduce the risk of fatalities resulting from traffic accidents. This study aims to identify and analyze the level of awareness and compliance of the Lebak Regency community with traffic regulations, as well as the condition of infrastructure and other supporting factors that contribute to the number of traffic accidents within the Lebak Police jurisdiction. This method also includes techniques such as interviews, participant observation, and the collection of related documents, all of which contribute to the extraction of rich and useful information for comprehensive analysis. In this way, researchers can assess how existing theories are applied in practice and how the community responds to existing regulations or policies. Factors that influence the occurrence of traffic accidents in the Lebak Regency area are predominantly caused by human factors. Most accidents begin with violations of traffic signs. These traffic sign violations can occur due to ignorance or lack of awareness on the part of the driver. In the services of the Gakkum Unit of the Lebak Police Traffic Unit in handling traffic accident cases, members of the Lebak Police Traffic Unit still often experience difficulties in realizing legal certainty and fulfilling the sense of justice of the community simultaneously. Also, how efforts are made to reduce the occurrence of traffic accidents, namely by taking a pre-emptive, preventive, and repressive approach. Where each approach has its own advantages and disadvantages. However, the Lebak Police Department prioritizes a preemptive approach, which prioritizes early prevention through optimizing educational activities.

Keywords: Accident Reduction, Fatality Risk, Police Role

TINJAUAN YURIDIS PERLINDUNGAN HUKUM TERHADAP KURATOR DALAM MELAKSANAKAN TUGAS BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG

2026-01-22T21:10:02+07:00

A curator plays a crucial role in bankruptcy cases for both companies and individuals. The curator's role is outlined in Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Definitively, a curator is defined as an estate agent or an individual appointed by the court to manage and settle the assets of a bankrupt debtor under the supervision of a supervising judge. The many tasks assigned to the curator result in the curator facing many obstacles, such as non-cooperative actions and other psychological actions carried out by bankrupt debtors and bankrupt creditors. discriminatory actions and criminalization often occur against curators. The aim of this study is to determine and analyze the duties of a curator based on the mandate of Law Number 37 of 2004 concerning bankruptcy and suspension of debt payment obligations, both in terms of management and settlement. to find out and analyze what obstacles the curator faces in carrying out his duties and what legal consequences the curator will receive for reports submitted to him. As well as to know and analyze how to apply the principle of legal protection from the state to curators in carrying out their duties and legal protection for curators currently. The research method used in this research is a normative juridical approach, namely research based on primary legal materials by examining theories, concepts, legal principles, and legislation in obtaining library technical data and conducting interviews, which are analyzed qualitatively, namely data obtained from information and interview results that are described to achieve clarity on the problems discussed. The results of this study indicate that there are already regulations related to bankruptcy but are less detailed regarding the management and settlement tasks for the curator team itself and there is no legal protection for curators from the state in carrying out their duties, while legal protection for curators is obtained from the curator organization itself.

Keywords: Bankruptcy, Curator, Debt, Debtor, Creditor

IMPLEMENTASI PRINSIP SUPREMASI HUKUM DALAM SISTEM HUKUM PIDANA INDONESIA

2026-01-22T21:19:05+07:00

This study aims to analyze the implementation of the principle of the rule of law within the Indonesian criminal justice system, particularly in handling cases of sexual violence among students in Brebes Regency. The principle of the rule of law emphasizes that all actions, including those of law enforcement and state institutions, must comply with the prevailing legal framework. Using a qualitative research method, data were collected through in-depth interviews with law enforcement officers, the Office for Women and Children Protection, and school representatives. The findings reveal that although the Indonesian criminal justice system has normatively regulated sexual violence offenses, its implementation in practice still faces several challenges, such as a lack of legal awareness among students, weak inter-agency coordination, and cultural barriers that affect case reporting and handling. This study recommends strengthening legal education in school environments, enhancing the capacity of law enforcement in dealing with child victims, and optimizing legal protection mechanisms based on the principle of the rule of law.

Keywords: Rule of Law, Criminal Justice System, Sexual Violence, Students, Chiild, Protection.Pendahuluan / Introduction

ANALISIS YURIDIS TERHADAP CALEG YANG MERAIH SUARA SECARA TIDAK WAJAR DITINJAU DARI UNDANG – UNDANG NO. 7 TAHUN 2017 DI WILAYAH KABUPATEN LEBAK PROVINSI BANTEN

2026-01-22T21:39:02+07:00

General elections are a cornerstone of democratic systems, ensuring the sovereignty of the people through a representative mechanism. However, in practice, elections in Indonesia continue to be marred by various violations, particularly by legislative candidates (caleg) who obtain votes through questionable means. This phenomenon highlights gaps in election oversight and law enforcement. This study aims to examine these issues and assess the roles of the General Elections Commission (KPU), the Election Supervisory Body (Bawaslu), and the Integrated Law Enforcement Center (Gakkumdu) in addressing them. The objectives of this study are to analyze the implementation of the election stages carried out by the KPU of Lebak Regency during the 2004 elections, to identify the challenges faced by Bawaslu of Lebak Regency in carrying out its duties, authorities, and functions, and to examine the efforts made by Gakkumdu in responding to a legislative candidate who openly committed election violations to gain the most votes. This research employs a qualitative method using a normative-empirical approach, with data collection techniques including in-depth interviews with KPU commissioners, Bawaslu, and Gakkumdu officials, as well as direct field observations. The data were analyzed using the theories of the rule of law, democracy, and electoral processes. The findings reveal ongoing weaknesses in the implementation stages of the election, particularly in terms of supervision and enforcement against vote-buying practices and blatant administrative violations. Bawaslu faces significant challenges, such as limited human resources, difficulties in evidence gathering, and weak witness protection. Meanwhile, coordination among law enforcement agencies within Gakkumdu remains suboptimal, often rendering case handling ineffective.

Keywords: Democracy, Election Violations, Legislative Candidates, Gakkumdu, Bawaslu, KPU.

ANALISIS PERTIMBANGAN HUKUM TIM KOMISI BANDING PATEN TERHADAP PENOLAKAN PERMOHONAN PATEN

2026-01-22T21:48:29+07:00

This research is about the analysis of the legal considerations of the Patent Appeal Commission team regarding the rejection of patent applications (Decision No. 024.1.T/KBP-04/2023). The purpose of this research is to find out and analyze the problems of the patent examiner in the substantive examination of patent applications and minimize the problems, find out and analyze the legal considerations of the Appeal Commission Team against the rejection of Patent Application No. P00201605778, and find out and analyze whether the legal considerations of the Appeal Commission Team against the rejection of Patent Application No. P00201605778 are in accordance with the basis of examination based on Law No. 14 of 2001 Jo. Law No. 13 of 2016 concerning patents. This research uses a normative legal research method with qualitative analysis, namely by explaining the existing data in words or statements, not in numbers, and is descriptive analysis. The results of the research show that there are still several problems for patent examiners in substantive examinations, such as different interpretations of the law and limited access and understanding of new technology, as well as the legal considerations of the Appeals Commission Team regarding the rejection of Patent Application No. Where in the rejection letter it is stated that the claim of Patent Application No. P00201605778 does not meet Article 4 (f) of Law Number 13 of 2016 concerning Patents. However, the Patent Appeal Commission considers that because the claim submitted by the applicant meets Article 4 (f) of Law Number 13 of 2016 concerning Patents. In addition, the claims submitted meet the requirements of novelty and inventive steps as stipulated in Article 54 of Law Number 13 of 2016 concerning Patents. Claims 1 to 6 are considered to have novelty because the existing technical features are not yet known in previous technology.

Keywords: Patent Appeal Commission, novelty, inventive step, rejection decision

KAJIAN HUKUM TATA KELOLA PENGAWASAN PROSES PEMUTAKHIRAN DATA PEMILIH DALAM MELINDUNGI HAK PILIH WARGA DI KABUPATEN KULON PROGO PADA PEMILIHAN 2024

2026-01-22T21:59:12+07:00

Valid voter data ensures that every eligible citizen is registered and has the opportunity to participate in the election. Conversely, inaccurate data may potentially eliminate citizens’ constitutional rights, erode public trust in the electoral process, and lead to disputes that may disrupt social and political stability. The primary objectives of this research are to analyse the policies and implementation of governance in the oversight of the voter data updating process in Kulon Progo Regency, to identify the factors that support the effectiveness of such oversight, and to examine the obstacles and efforts to minimise errors in voter data oversight in order to protect voting rights. This study employs a qualitative method using both normative juridical and empirical juridical approaches. Data collection techniques include in-depth interviews, participatory observation, and document analysis. Data analysis is carried out through several stages: data organisation, data reduction, coding and categorisation, thematic analysis, and conclusion drawing. In the 2024 Kulon Progo regional election, field officers were not only assigned data targets but also received adequate support and training. Election supervisors were able to carry out their duties effectively, with clear access to information and realistic coordination flows. Community involvement was encouraged within socially and structurally feasible limits, including the protection of the rights of vulnerable groups, such as persons with disabilities. Kulon Progo has implemented accessible polling stations (TPS).

Keywords: Voter data updating, voting rights, election oversight, disability inclusion, inclusivity, Kulon Progo regional election.

TINJAUAN YURIDIS TERHADAP PERBUATAN MELAWAN HUKUM WANPRESTASI BALIK NAMA SERTIFIKAT TANPA IZIN PEMILIKNYA

2026-01-22T22:08:22+07:00

The process of transferring a certificate should be carried out in compliance with the procedures and requirements stipulated by law, including obtaining permission from the legal owner. However, in practice, illegal acts often occur in the form of transferring land certificates without the owner's consent. These actions can be carried out by certain parties using document forgery or abuse of authority, which ultimately harms the legal landowner. The analysis focuses on elements of unlawful acts based on Article 1365 of the Indonesian Civil Code and default (breach of contract) according to Article 1238 of the Indonesian Civil Code. This research uses a normative juridical approach by examining relevant laws and regulations, as well as case studies, to illustrate the legal implications of these actions related to violating principles in the agreement and fulfilling the elements of fault and damage. The legal implications include claims for compensation, restitution of rights, and criminal acts related to the certificate. The research emphasizes the importance of due diligence in land transactions to prevent illegal transfer of property rights. Therefore, it is important to strengthen regulations and law enforcement to protect the rights of landowners and prevent future occurrences of default practices.

Keywords: Certificate Transfer, Unlawful Act, Default, Guarantee Certificate, legal consequences

PENGARUH KEBIJAKAN DAN KEPUASAN MASYARAKAT PENYEWA TERHADAP REGULASI SEWA MENYEWA BLOK PASAR BUNTOK KABUPATEN BARITO SELATAN PROVINSI KALIMANTAN TENGAH

2026-01-22T22:20:27+07:00

Hasean Swasta, NIM. 2307020217. The local government is always looking for income to increase the regional cash or income, either through natural resources or from other sources, one of which is looking for regional income through the rental sector of kiosks or shops in the market by renting out places or kiosks to be rented to the community, which aims to facilitate trading, and the local government also gets benefits for regional cash income. The rules/regulations for the management of the Buntok Market Block by the South Barito Regional Government are still not optimal, which has an impact on the failure to manage PAD properly from the rental results of the Block in Buntok Market. The research approach uses mixed-method research, namely a combination of quantitative and qualitative methods with an explanatory research type. The population of 561 Buntok market block tenants, a sample of 85 people using the accidental sampling technique, and 4 informants using the purposive sampling technique. Data collection using questionnaires and in-depth interviews. Data were analyzed using regression and narrative tests. The results of the study indicate that the policy has a significant partial influence on the rental regulation of the Buntok Market Block in South Barito Regency, Central Kalimantan Province. The satisfaction of the tenant community has a significant partial influence on the rental regulation of the Buntok Market Block in South Barito Regency, Central Kalimantan Province. The policy and satisfaction of the tenant community have a significant simultaneous influence on the rental regulation of the Buntok Market Block in South Barito Regency, Central Kalimantan Province. Policy efforts and the satisfaction of the tenant community are expected to be able to improve the rental regulation of the Buntok Market Block in South Barito Regency, Central Kalimantan Province.

Keywords: Policy, Community Satisfaction, Rental Regulations

ANALISIS YURIDIS PENYELENGGARAAN DAN PENGAWASAN PILKADA 2024 DITINJAU DARI PERATURAN PERUNDANG-UNDANGAN DAN IMPLEMENTASINYA

2026-01-22T22:33:14+07:00

This study aims to analyze the supervision of the 2024 Regional Head Election (Pilkada) in Bogor Regency in terms of the applicable legal framework and its implementation in the field. The background of this research is based on the importance of supervision as an instrument to ensure elections are conducted directly, publicly, freely, confidentially, honestly, and fairly (Luber Jurdil) in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia. The research employs a normative juridical method with statutory, conceptual, and case approaches, combined with an empirical juridical method to observe the actual practice of election supervision in the field. Data were collected through the study of legislation, interviews with relevant stakeholders, and direct observation of the supervision process. The findings indicate that, normatively, the provisions of election supervision are clearly regulated under Law No. 7 of 2017 on General Elections, regulations issued by the Election Supervisory Body (Perbawaslu), and other related regulations. However, the 2024 implementation in Bogor Regency still encountered several challenges, including limited human resources among supervisors, coordination difficulties between institutions, and suboptimal public participation.

Keywords: Election Supervision, Bogor Regency, Legislation, Implementation, Normative Juridical

IMPLEMENTASI UU NO.5 TAHUN 2017 TENTANG PEMAJUAN KEBUDAYAAN DALAM PROSES PELESTARIAN BUDAYA DI LEMBAGA – LEMBAGA KEBUDAYAAN KOTA PALU

2026-01-22T22:48:19+07:00

Based on the phrase contained in Article 32 above, it can be interpreted that the advancement of culture is an important thing to be protected, respected, developed, and preserved. To fulfill these four aspects, derivative regulations are needed as a further elaboration of Article 32 of the 1945. The purpose of the research is to determine the legal culture in the implementation of Law No. 5 of 2017 concerning the Advancement of Culture towards cultural institutions in the city of Palu and to determine the implementation of Law No. 5 of 2017 regarding the existence of cultural institutions in the city of Palu. The research method used is the type of research used, namely the type of empirical legal research. Empirical legal research uses a reality perspective by looking at the workings of law in the reality that exists in society. Empirical legal research or sociological research is legal research that uses primary data. First Discussion The legal culture of the community engaged in the field of cultural advancement has not yet fully made Law No. 5 of 2017 a guideline or benchmark in implementing cultural advancement programs. This means that the legal culture in which there is awareness and obedience to the law has not been embedded in cultural advancement. The existence of Law No. 5 of 2017 concerning Cultural Advancement is still quite foreign in the Palu city community. Second, the effectiveness of the law cannot be separated from the influence of the legal culture that lives in society; therefore, understanding the legal culture that exists in society will greatly determine the form of implementation of Law No. 5 of 2017 that is in harmony with the needs of society.

Keywords: The Influence of Legal Culture on Law No. 5 of 2017

ANALISIS YURIDIS TUGAS DAN WEWENANG PEJABAT PELAKSANA TEKNIS KEGIATAN DALAM PROSES PENGADAANBARANG DAN JASA BERDASARKAN PERPRES NOMOR 16 TAHUN 2018

2026-01-22T22:59:26+07:00

This research is significant in providing an in-depth juridical analysis of the roles and authorities of Technical Activity Implementation Officers (Pejabat Pelaksana Teknis Kegiatan, or PPTK) in the procurement of goods and services, as well as identifying the challenges they face in carrying out their duties. Accordingly, the findings of this study are expected to make a tangible contribution to the improvement of regulations and procurement practices in Indonesia. Furthermore, this research may serve as a foundation for government agencies in formulating more adaptive policies, particularly those related to technical training, the development of Standard Operating Procedures (SOPs), and the strengthening of internal oversight. This study employs a normative juridical method. The aim is to examine and analyze the legal framework regarding the roles and authorities of PPTK in the government procurement process based on Presidential Regulation (Perpres) No. 16 of 2018. The outcomes of this research include, first, identifying the legal provisions governing the roles and responsibilities of PPTK as stipulated in Perpres No. 16 of 2018; second, recognizing the practical challenges and obstacles encountered by PPTK in the execution of their duties; and third, understanding the legal implications related to the performance of PPTK's roles and authorities.

Keywords: Technical Activity Implementation Officer, Procurement of Goods and Services, Perpres No. 16 of 2018, Juridical Analysis, Roles and Authorities.

EFEKTIFITAS PENGAWASAN SYAHBANDAR DALAM UPAYA MEWUJUDKAN KESELAMATAN DAN KEAMANAN PELAYARAN DI PELABUHAN MARUNDA JAKARTA UTARA MENURUT UNDANG-UNDANG NOMOR 17 TAHUN 2008 TENTANG PELAYARAN

2026-01-22T23:10:13+07:00

The harbor master at the port is responsible for shipping safety and security and other activities at the port. The harbor master is the ruler at the port and has full authority over activities that occur at the port. This study uses a qualitative research method that is descriptive analysis, with an empirical normative approach. With the object of research of laws and regulations associated with legal theories using a normative juridical approach with data obtained through literature studies and field observations. The results of the study indicate that the implementation of the supervisory function by the harbor master at Marunda Port has not been fully optimal, because there are still obstacles in terms of human resources, infrastructure, and compliance of shipping business actors with applicable regulations. This study recommends strengthening the role of the harbor master through increasing institutional capacity, inter-institutional coordination, and stricter law enforcement so that shipping safety and security can be guaranteed as a whole.

Keywords: Harbor Master Supervision, Shipping Safety, Maritime Security, Marunda Port, Shipping Law.