JURNAL PEMANDHU

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

Fitriansyah, Hasnah Aziz, Edi Mulyadi — Fri, 13 Feb 2026 00:00:00 +0700

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

Hamdan, Hasnah Aziz, Edi Mulyadi — Fri, 13 Feb 2026 00:00:00 +0700

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

Hasrul, Putri Hafidati, Hasnah Aziz — Fri, 13 Feb 2026 00:00:00 +0700

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

Hendra Adi, Hasnah Aziz, Edi Mulyadi — Fri, 13 Feb 2026 00:00:00 +0700

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

Hendra Gunawan, Hasnah Aziz, Edi Mulyadi — Fri, 13 Feb 2026 00:00:00 +0700

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

Idrus, Hasnah Aziz, Edi Mulyadi — Fri, 13 Feb 2026 00:00:00 +0700

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

Ikwan Hikayat, Hasnah Aziz, Imam Rahmadhani — Fri, 13 Feb 2026 00:00:00 +0700

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

Indri Astuti, Hasnah Aziz, Edi Mulyadi — Fri, 13 Feb 2026 00:00:00 +0700

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

Intan Agustiana Citra, Putri Hafidati, Edi Mulyadi — Fri, 13 Feb 2026 00:00:00 +0700

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

Irfadi, Hasnah Aziz, Edi Mulyadi — Fri, 13 Feb 2026 00:00:00 +0700

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

Irnandya Desta Praband, Hasnah Aziz, Edi Mulyadi — Fri, 13 Feb 2026 00:00:00 +0700

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

Luthfi Junianto, Siti Humulhaer, Pandri Zulfikar — Fri, 13 Feb 2026 00:00:00 +0700

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

Munib, Ramiyanto — Fri, 13 Feb 2026 00:00:00 +0700

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.

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

Eko Budi Sugiarto, Hasnah Aziz, Edi Mulyadi — Thu, 02 Apr 2026 00:00:00 +0700

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 policy-making 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 include: 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

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

Eko Yudha Prasetya, Hasnah Aziz, Edi Mulyadi — Thu, 02 Apr 2026 00:00:00 +0700

The rapid development of information technology has not only brought positive impacts but has also triggered a new phenomenon in the world of crime, namely cybercrime, which is now starting to involve underage perpetrators. This study aims to analyse the legal status and mechanisms of criminal liability for children in conflict with the law's (ABH) cybercrime based on applicable Indonesian regulations. The research method used is normative juridical with a statute approach. Secondary data was obtained through literature studies sourced from primary, secondary, and tertiary legal materials. The focus of the analysis is synchronisation between Law No. 11 of 2008 in conjunction with Law No. 1 of 2024 concerning Information and Electronic Transactions (UU ITE) and Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA). This research was conducted at the Directorate of Cyber Crimes, Bareskrim Polri, with data processing and analysis from informant interviews. The research results show that children in conflict with the law, hereinafter referred to as "children", store content containing immoral and/or child molestation and/or child pornography on their Google accounts, which ultimately leads to the child's desire to act out scenes similar to the pornographic content. Handling of children in conflict with the law in cybercrime must take into account the specific characteristics of cyberspace, which often blur the boundaries of malicious intent (mens rea) in children. Although the ITE Law stipulates severe criminal sanctions, the SPPA Law mandates a restorative justice approach through a diversion mechanism to ensure the protection of children's rights and their best interests. There remains overlap in law enforcement implementation, particularly in fulfilling the complex electronic evidence element of juvenile criminal justice procedures. This research concludes that law enforcement against child cybercrime perpetrators in Indonesia should not solely focus on punitive aspects (punishment) but must prioritise rehabilitation and digital education to prevent future recidivism.

Keywords: Children in Conflict with the Law, Cybercrime, ITE Law, Juvenile Criminal Justice System, Diversion.

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

Erma Efrilia, Pandri Zulfikar, Annie Myranika — Thu, 02 Apr 2026 00:00:00 +0700

The phenomenon of the use of electric bicycles on the highway by underage children has become an increasing trend in Tangerang City, but on the other hand, this poses a significant traffic safety risk. This study aims to analyse the legal regulations regarding the use of electric bicycles in Tangerang City; 2) to determine and analyse the legal protection for children who use electric bicycles in Tangerang City; and 3) to determine and analyse the legal consequences for children who use electric bicycles in the event of an accident. This research is normative and juridical, based on library data and field research on primary and secondary data conducted qualitatively. Based on the results of the study, the following conclusions were obtained: 1) Regulation of the Minister of Transportation Number 45 of 2020 classifies electric bicycles as certain vehicles with electric motors and stipulates a minimum age for users, while in the traffic law there is no classification of electric bicycles. 2) Legal protection for children who use electric bicycles in Tangerang City is in the form of preventive protection by conducting socialisation so that children do not use electric bicycles on the highway. 3) In the event of an accident involving an electric bicycle, the user's legal responsibility is more directed towards 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 and Child Protection Law, with a developmental approach. This study suggests that Law Number 22 of 2009 should be revised to explicitly regulate electric bicycles, thereby preventing a legal vacuum.

Keywords: Electric Bicycles, Legal Regulations, Minister of Transportation Regulation No. 45 of 2020, Legal Protection, Child Users, Law Number 22 of 2009.

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

Fadli, Hasnah Aziz, Edi Mulyadi — Thu, 02 Apr 2026 00:00:00 +0700

In the criminal justice system, evidence is the core of the legal process. One important piece of evidence in rape cases is the post-mortem examination (visum et repertum), which presents medical information scientifically and objectively. This study aims to examine in depth the position of the post-mortem examination (visum et repertum) as evidence in rape cases, as well as to assess the effectiveness of legal enforcement and the role of experts in the evidentiary process. The research method used is a juridical-empirical approach with a descriptive-analytical approach. The results indicate that the application of the law regarding rape has a clear normative basis, but in the field, technical and coordinative obstacles are still encountered, especially in the procedure for requesting a post-mortem examination. The post-mortem examination (visum et repertum) holds an important position as written evidence in the evidentiary system in Indonesia, but its evidentiary strength is highly dependent on the timeliness of the examination, the competence of the medical personnel, and the completeness of the format and content of the post-mortem examination. The post-mortem examination can serve as a strong basis for proving rape cases if it is carried out according to procedure, on time, and prepared by competent and responsible experts. Therefore, improving coordination between law enforcement agencies and medical personnel, as well as strengthening the capacity of investigators and forensic doctors, is crucial to achieving an effective and accountable evidentiary process.

Keywords: Visum et Repertum, rape, evidence, crime, and criminal procedure.

PERLINDUNGAN HUKUM BAGI TENAGA KERJA DALAM MEMPEROLEH PESANGON BAGI YANG TERKENA PHK BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA

Khamal Khollisha, Pandri Zulfikar, Edi Mulyadi — Fri, 10 Apr 2026 00:00:00 +0700

Termination of Employment (PHK) is a crucial issue in industrial relations that directly impacts the livelihood and economic well-being of workers. If carried out without a mechanism in accordance with statutory provisions, it has the potential to violate workers' rights, particularly the provision of severance pay as a form of post-employment welfare guarantee. Law Number 11 of 2020 concerning Job Creation brings significant changes in the regulation of workers' rights, including a reduction in the amount of severance pay compared to previous provisions. The law has given rise to debate regarding the extent to which legal protection for workers can still be guaranteed. This study aims to analyse the form of legal protection for laid-off workers in obtaining severance pay based on the provisions of the Job Creation Law and evaluate its implementation in the case of layoffs at PT. Kusuma Sampurna Mulia. The research method used is normative legal research with data obtained through literature studies and interviews. The results of the study indicate that although the Job Creation Law provides a legal framework regarding severance pay rights, in practice there are still discrepancies in the implementation by companies, including in terms of the amount of severance pay and the mechanism for providing it. This case study reveals violations of applicable statutory provisions, which have an impact on workers' rights. Therefore, strengthened oversight and law enforcement by relevant agencies is essential to ensure effective and fair legal protection for laid-off workers.

Keywords: Termination of Employment (PHK), Severance Pay, Worker Rights, Job Creation Law, and Legal Protection.

KAJIAN YURIDIS PERPANJANGAN MASA JABATAN KEPALA DESA MENURUT UNDANG–UNDANG NO.3 TAHUN 2024 ATAS PERUBAHAN UNDANG–UNDANG DESA NO.6 TAHUN 2014 DAN DAMPAK NYA PADA EFEKTIVITAS KERJA (STUDI KASUS DI DESA GROGOL KECAMATAN KAPETAKAN KABUPATEN CIREBON)

Khodijah, Mustofa Kamil, Hasnah Aziz — Fri, 10 Apr 2026 00:00:00 +0700

Legal Study of Extension of Term of Office of Village Head According to Law No. 3 of 2024 on Amendments to Village Law No. 6 of 2014 and Impact on Work Effectiveness: Case Study in Grogol Village, Kapetakan District, Cirebon Regency. Background: Law No. 3 of 2024 concerning significant changes in the term of office of village heads, which previously was 6 years to 8 years with a maximum limit of 3 periods. This change sparked debate about its impact on the effectiveness of the work of village heads. Research Objectives: This study aims to legally examine the extension of the term of office of village heads according to Law No. 3 of 2024 and its impact on the effectiveness of the work of village heads in Grogol Village, Kapetakan District, Cirebon Regency. Research Methods. This study uses normative and empirical legal research methods. Normative legal analysis is carried out to understand the legal aspects of extending the term of office of village heads, while empirical analysis is carried out through a case study in Grogol Village to determine its impact on the effectiveness of the work of village heads. The research results indicate that extending the village head's term of office can have a positive impact on the village head's effectiveness, as it gives the village head more time to implement village development programmes. However, term extension also carries the risk of abuse of power and a decline in village head performance if not balanced with increased capacity and accountability. In conclusion, extending the village head's term of office can provide an opportunity for village heads to improve their work effectiveness, but this must be balanced with increased capacity and accountability to prevent abuse of power. Therefore, strict monitoring and evaluation of village head performance are necessary to ensure their effectiveness.

Keywords: Extension of Village Head Term of Office, Work Effectiveness, Village Law, Grogol Village.

ANALISIS YURIDIS TERHADAP EKSISTENSI LEMBAGA DIVERSI PADA TINDAK PIDANA ANAK SEBAGAI PELAKU (Studi Pada Pengadilan Negeri Wonosobo)

Khoirul Anwar, Mustofa Kamil, Hasnah Aziz — Fri, 10 Apr 2026 00:00:00 +0700

Legal Study of Extension of Term of Office of Village Head According to Law No. 3 of 2024 on Diversion institutions are presented as a legal mechanism that allows the resolution of juvenile criminal cases outside the formal judicial process, while still considering the best interests of the child. This study aims to analyze the legal existence and effectiveness of the implementation of diversion institutions in handling juvenile criminal acts as perpetrators, particularly in the jurisdiction of the Wonosobo District Court. This study uses an empirical legal approach with a qualitative approach, through data collection techniques in the form of interviews with law enforcement officers involved in the diversion process, analysis of child case documentation, and library studies of related laws and regulations and literature. The results of the study indicate that the implementation of diversion at the Wonosobo District Court has, in principle, referred to the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. However, in practice, various obstacles are still encountered such as limited human resources and officer competence, lack of supporting facilities and infrastructure, weak coordination between law enforcement agencies, and minimal participation from victims and the community in the mediation process. These findings indicate the need to strengthen institutional capacity, develop human resources, and increase public understanding of the importance of diversion in protecting children in conflict with the law.

Keywords: Diversion, Juvenile Criminal Justice System, Restorative Justice, Empirical Jurisprudence, Wonosobo.

ANALISIS YURIDIS PENERAPAN PASAL114 AYAT 2 UNDANG- UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA DALAM PUTUSAN HAKIM YANG MENJATUHKAN PIDANA PENJARA SEUMUR

I Komang Sudiarna, Hasnah Aziz, Imam Rahmaddani3 — Fri, 10 Apr 2026 00:00:00 +0700

One of the government's efforts in preventing and providing narcotics for the benefit of treatment and health services is to legally regulate the distribution, import, export, planting, and use of narcotics in a controlled manner and carry out strict supervision. Therefore, it is necessary to emphasise the need for crime prevention efforts to be integrated with overall social policies and national development planning. The purpose of the study is to determine and analyse the settlement regarding the imposition of life imprisonment in narcotics crime cases. To determine the considerations of the panel of judges in imposing life imprisonment in Decision Number 96 / Pid.Sus / 2023 / PN Jkt.Brt, to find out if the decision of the panel of judges of the West Jakarta Court Number 96 / Pid.Sus / 2023 / PN Jkt.Brt is in accordance with applicable laws and regulations. The research method used is an empirical juridical approach. Then, the data obtained are compiled, explained, and analysed by providing conclusions. The research results indicate that the imposition of life imprisonment is in accordance with applicable laws and regulations and also provides legal protection for the nation and state from the illicit trafficking of narcotics. This sentence is intended to prevent the illicit trafficking of narcotics in society. Therefore, one way to break the chain of illicit drug trafficking is to impose life imprisonment on perpetrators of narcotics crimes.

Keywords: Narcotics, Supervision, Social Policy, Crime, Prison, and life.

PENYELESAIAN PERKARA CERAI GUGAT DENGAN SEBAB KEKERASAN DALAM RUMAH TANGGA BERDASARKAN SURAT EDARAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2023 (STUDI KASUS PUTUSAN NOMOR 4277/Pdt.G/2024/PA.Cbn)

Irnandya Desta Prabandari, Hasnah Aziz, Edi Mulyadi — Wed, 15 Apr 2026 00:00:00 +0700

Religious courts play a crucial role in reducing divorce rates by implementing the principle of making divorce more difficult. However, the application of this principle has not significantly reduced the divorce rate, with disputes and arguments being the primary causes. SEMA Number 3 of 2023 provides an exception for divorces due to domestic violence. However, in practice, many courts still reject divorce petitions due to domestic violence without a six-month separation, citing premature or formal deficiencies. This case demonstrates the challenges in implementing the SEMA. This study aims to identify and analyse the concept of resolving divorce cases before and after the issuance of Supreme Court Circular Letter (SEMA) Number 3 of 2023, to identify and analyse the application of Supreme Court Circular Letter (SEMA) Number 3 of 2023 in examining, adjudicating, deciding, and resolving divorce cases due to domestic violence, and to identify and analyse the judge's considerations in rulings on divorce cases due to domestic violence. This research is necessary to assess the extent to which the implementation of Circular Letter of the Supreme Court (SEMA) Number 3 of 2023 has provided maximum protection for victims of domestic violence and to assess the consistency of the application of the principle of making divorce difficult in cases involving elements of violence.

Keywords: Divorce Lawsuit, Domestic Violence, SEMA.

ANALISIS YURIDIS PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PEMBALAKAN LIAR DI PROVINSI PAPUA BARAT

Junaidi Bian, Putri Hafidati, Hasnah Aziz — Wed, 15 Apr 2026 00:00:00 +0700

Illegal logging activities without regard to forest management principles to ensure the sustainability of forest resources have caused various negative impacts in various aspects, not only on economic issues, but also on social, cultural, political and environmental issues. The objectives of the study include determining and analysing the impact of imposing light criminal sanctions on perpetrators of illegal logging in West Papua; analysing the application of forestry criminal sanctions against perpetrators of illegal logging in accordance with Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction; determining and analysing the role of indigenous communities in maintaining forest sustainability in West Papua; and analysing the judge's considerations in imposing sanctions on perpetrators of illegal logging. This study uses qualitative methods. The research method used is normative juridical, which involves examining library materials or secondary data, including primary, secondary, and tertiary legal materials. Forestry crimes can be categorised as extraordinary crimes, or extra ordinary crimes. Therefore, if the criminal sanctions imposed on perpetrators are very light, it will certainly pose a challenge in eradicating these activities.

Keywords: light sanctions, illegal logging, judge's considerations.

ANALISIS YURIDIS DAMPAK SARAN DAN PERTIMBANGAN KPPU TERHADAP PENYELENGGARAAN AKTIVITAS BONGKAR MUAT DI KABUPATEN KUBU RAYA (STUDI KASUS SURAT SARAN DAN PERTIMBANGAN KPPU NOMOR 147/K/S/III/2024)

Ratmawan Ari Kusnandar, Putri Hafidati, Hasnah Aziz — Wed, 15 Apr 2026 00:00:00 +0700

This study analyses that many government policies are in conflict with competition law, potentially leading to monopolistic practices in the market. The research objectives to be achieved in this study are to analyse the procedures for providing KPPU advice and considerations to the government based on Article 35 letter e of the Business Competition Law and Perkom 4/2023, and to analyse the position of KPPU advice and considerations regarding regent regulations that are in conflict with the Business Competition Law, in this case the Kubu Raya Regent Regulation, as well as the impact of KPPU Advice and Consideration Letter Number 147/K/S/III/2024 on the implementation of loading and unloading activities in Kubu Raya Regency. The method used is normative juridical through an analysis of the advice letter from KPPU, which will be examined from the aspect of competition law. The data collected and managed are sourced from primary data, secondary data, and other relevant sources, either through interviews or other methods, which are processed into answers to the problems. The research results indicate that the issuance of the KPPU's Letter of Advice and Consideration Number 147/K/S/III/2024 is based on Commission Regulation Number 4 of 2023 concerning the provision of advice and considerations regarding government policies related to monopolistic practices and/or unfair business competition regarding potential opportunities for monopolistic practices in loading and unloading activities in Kubu Raya Regency.

Keywords: Business Competition Supervisory Commission, Government Policy, Business Competition Law, Monopolistic Practices.

ANALISIS YURIDIS KEBIJAKAN DAN DAMPAK OJEK ONLINE TERHADAP HUKUM TRANSPORTASI DIGITAL DI KOTA TANGERANG

Setyo Hantoro, Hasnah Aziz, Hardjito S Darmojo — Wed, 15 Apr 2026 00:00:00 +0700

The development of digital transportation, particularly online motorcycle taxi services, has transformed the face of mobility in various cities, including Tangerang City. This phenomenon is not merely a technological trend but also raises legal, social, and public policy implications that require comprehensive analysis. The growth rate of online motorcycle taxi services in Tangerang has reached 50% over the past two years, driven by advancements in information and communication technology. This study aims to: (1) examine the dynamics of online motorcycle taxi development and the alignment of its regulations with prevailing laws and regulations; (2) analyse the regulatory gap between central and local governments in the implementation of digital transportation legislation; (3) identify structural and resource constraints in regulatory enforcement and formulate recommendations for strengthening institutional capacity and human resources. Theoretically, this research enriches the literature on digital transportation law and broadens perspectives on technology-based public policy. Practically, it provides applicable policy recommendations for the government, legal guidelines for application companies, rights awareness for drivers, and legal awareness for service users. Using a juridical-sociological approach, this research finds that digital transportation policies in Tangerang City are not yet fully responsive to technological developments and social needs. The main issues include gaps between central and local regulations, weak supervision, and inadequate driver protection. The study’s recommendations emphasise regulatory harmonisation, improved legal protection, stakeholder engagement, and integrating sustainability principles into digital transportation policy.

Keywords: online motorcycle taxi, public policy, legal protection.

ANALISA PUTUSAN LEPAS DARI SEGALA TUNTUTAN (ONTSLAG VAN RECHTSVERVOLGING) PADA TINDAK PIDANA PEMILIHAN UMUM DITINJAU DARI ASPEK KEADILAN PEMILU (Studi Putusan Pengadilan Tinggi Manado Nomor 69/Pid/2024/PTMnd)

Tota Pasaribu, Mustofa Kamil, Hasnah Aziz — Wed, 15 Apr 2026 00:00:00 +0700

A concrete manifestation of electoral justice must be given to all parties, including the public as users of voting rights, political parties and individuals as participants and the election organisers themselves. The method used is normative juridical through analysis of the Manado High Court decision number 69 / Pid / 2024 / PTMnd, which will be studied from the aspect of electoral justice. The data collected and managed is sourced from primary data, secondary data and other relevant sources either through interview methods or other methods that are processed into answers to the problems. The results of this study found that if the regulations as contained in Law Number 7 of 2017 concerning elections become the basis for the judge's consideration in passing a decision, namely in Article 551 as a substantive aspect that the elements of a criminal act have been fulfilled, then the article in question becomes invalid or is set aside by the existence of a formal aspect in the form of provisions in Article 484, paragraph (1), which regulates whether or not the imposition of punishment is based on the time side (expiration), which indirectly in this decision no longer protects the interests of the wider community. In conclusion, in efforts to realise and implement electoral justice, a joint evaluation is needed in the regulation of criminal sanctions for elections that prioritises formal aspects and prioritises substantive aspects.

Keywords: verdict, acquittal, charges, justice, elections.