International Journal of Law and Legal Ethics (IJLLE)
Journal Title : International Journal Law and Legal Ethics (IJLLE) Journal Initials : ijlle ISSN (Online) : 2746-9719 DOI Prefix : 10.47701 Type of Peer-Review : Single-Blind Frequency : Semi Annually (April and October) Editor in Chief : Rina Arum Prastyanti (SINTA ID: 5977388 ) Publisher : Universitas Duta Bangsa Surakarta Abstracting & Indexing : Google Scholar, BASE, Open Alex, Crossref, Scilit, WorldCat, Dimensions, ROAD, Garuda (Online Library Catalogs) Tilburg University, Universiteit Leiden , University of Liverpool , Harvard University
Harmonization of Pancasila Values in the Purpose of Punishment under the National Criminal Code
The enactment of Law No. 1 of 2023 on the National Criminal Code (KUHP) marks a strategic effort to decolonize and align Indonesia’s criminal law system with the values of Pancasila. This study examines the role of Pancasila as the philosophical foundation in formulating the purposes of punishment under the new KUHP. Employing normative legal research with statutory and conceptual approaches, the findings reveal that the open ideological nature of Pancasila enables the explicit codification of punishment objectives that integrate retributive, corrective, rehabilitative, and restorative orientations. Article 51 of the KUHP sets forth four purposes: prevention, reintegration of convicts, conflict resolution, and fostering remorse. These purposes substantively correspond to the five principles of Pancasila. Prevention reflects the Second Principle (Just and Civilized Humanity); reintegration resonates with the Fifth Principle (Social Justice); conflict resolution aligns with the Third (Unity of Indonesia) and Fourth (Democracy Led by Wisdom in Deliberation) Principles; and fostering remorse embodies the First Principle (Belief in the One Supreme God). Thus, criminal law reform has successfully transformed Pancasila from a mere ideal into operational normative standards in criminal justice.
Criminal Law; National Criminal Code; Pancasila; Purpose of Punishment
Copyright (c) 2026 DONI SURYA SAPUTRA; ADLINA AGIS PRATIWI https://creativecommons.org/licenses/by/4.0
The Protection Of Conservation Areas From The Perspektive Of Islamic Teachings And Environmental Law
The increasing concern over environmental degradation highlights the urgent need to strengthen the protection of conservation areas as vital parts of the ecosystem. This article aims to examine how Islamic perspectives and Indonesia's national legal framework address and regulate the protection of conservation areas. This study uses a qualitative approach through literature analysis of Islamic legal sources and national regulations, particularly Law No. 5 of 1990 and Law No. 32 of 2009. The findings reveal that Islam regards environmental preservation as a moral and spiritual responsibility of humans as stewards (khalifah) on Earth. Meanwhile, national law provides a technical and formal regulatory framework. Integrating religious values with positive legal instruments serves as an effective strategy for promoting sustainable conservation area protection. Case studies of religious-based community participation demonstrate that spiritual approaches contribute to enhancing ecological awareness at the grassroots level.
Copyright (c) 2026 Milda Apriliana https://creativecommons.org/licenses/by/4.0
CIVILISATIONAL PROGRESS AND THE ROLE OF MEDIATION IN PROMOTING HUMAN RIGHTS
This article examines the interrelated evolution of civilisation, human rights, and mediation, contending that societal advancement is closely associated with the institutionalisation of non-violent dispute resolution mechanisms and the acknowledgment of inherent human dignity. As societies developed from relatively simple tribal structures into complex nation-states, approaches to conflict management shifted from coercion and force toward diplomacy and formal legal systems. Concurrently, human rights emerged as a fundamental normative pillar of modern civilisation, embodying a collective commitment to justice, equality, and the rule of law. Mediation, functioning both as a longstanding cultural practice and a contemporary legal instrument, operates as a crucial link between cultural plurality and universal human rights principles. It facilitates constructive dialogue and negotiated settlements while preserving fundamental freedoms. Drawing on examples from post-conflict settings and international peacebuilding initiatives, this study demonstrates that mediation not only addresses disputes effectively but also strengthens civilisational norms and protects human rights, particularly within diverse and pluralistic societies.
Copyright (c) 2026 Navirathorn Chaiyu https://creativecommons.org/licenses/by/4.0
Digital Caliphate ropaganda And The Politics Of Utopian Ideology: Legal Implication And Threats To National Stability
The propagation of caliphate narratives in the digital sphere has emerged as one of the most complex challenges for modern nation-states, including Indonesia. This phenomenon is not merely a matter of religious discourse but represents a systematic and transnational ideological project. Through social media, caliphate messages are packaged in the form of visuals, emotional narratives, and historical symbols that are easily accessible and particularly appealing to younger generations. These narratives offer a political utopia—a unified order promising justice and solidarity—yet in practice, they undermine pluralism, democracy, and state sovereignty. This article examines caliphate propaganda from two primary dimensions: its legal implications and its threats to national stability. Employing a qualitative approach and critical discourse analysis, the findings indicate that despite Indonesia’s regulatory instruments such as the Electronic Information and Transactions Law (UU ITE) and the Anti-Terrorism Law, their effectiveness is constrained by the transboundary nature of the internet, content ambiguity, and tensions between national security and civil liberties. Furthermore, such propaganda fosters the erosion of state ideology, deepens social polarization, delegitimizes democratic politics, and generates security threats through radicalization and terrorism, including lone-wolf attacks. This study argues for the necessity of a comprehensive strategy that integrates legal firmness, the strengthening of national ideology, digital literacy, cultural approaches, and international cooperation. Such efforts are vital to safeguarding national stability while ensuring that democracy continues to stand firm against the challenges of transnational ideologies.
Copyright (c) 2026 Muhamad Pelengkahu, Sely Audi Amanda https://creativecommons.org/licenses/by/4.0
A Juridical Analysis Of State Officials Salary Increases In The Perspective Of Criminal Law And Anti Corruption Measures
As an extraordinary crime, corruption endangers the stability of legal order, diminishes the integrity of state officials, and weakens public trust in government.One preventive approach is salary increases. This approach is assumed to suppress the potential for corruption by providing remuneration for abuse of authority. However, the effectiveness of this policy needs to be critically examined through a juridical approach. The problem formulation in this study is the positive legal regulations related to the salary increase policy for state officials in the Indonesian legal system and the relevance of the salary increase policy from a criminal law perspective as an instrument for preventing corruption. A normative juridical methodology is used in this study, with emphasis on statutory and conceptual approaches. The legal sources consist of primary legal materials, such as Law Number 20 of 2023 concerning the State Civil Apparatus and Law Number 31 of 1999, in conjunction with Law Number 20 of 2001, addressing the Eradication of Corruption, and secondary legal materials in the form of legal literature, journals, and scholarly opinions. The study is designed to analyze, from a normative perspective, the legal underpinnings and practical effectiveness of salary increase policies in preventing corruption according to criminal law principles. The research results show that the policy of increasing civil servant salaries has strong legal legitimacy and can be part of a corruption prevention strategy. However, this policy must be accompanied by bureaucratic reform, strengthening the oversight system, and consistent law enforcement to achieve its preventive objectives
Copyright (c) 2026 Guruh tio ibipurwo https://creativecommons.org/licenses/by/4.0
Legal Certainty Regarding The Status Of Part Time PPPK As Members Of The Civil Service In The National Civil Service in The Civil Service System
This study aims to analyze the legal certainty of the status of Part-Time Government Employees with Work Agreements following the enactment of Law No. 20 of 2023 on the Civil Service. There is ambiguity in the norms and the potential for disparities in rights arising from the transition of honorary staff status to the part-time scheme. This study employs a normative legal research method using a legislative approach and a conceptual approach. The analysis focuses on the synchronization of regulations and the protection of workers’ constitutional rights within the national civil service system. The research findings indicate that although the 2023 Civil Service Law provides stronger legal legitimacy compared to the previous honorary staff status, there remains a gap in detailed implementing regulations regarding payroll mechanisms, workload distribution, and a proportional social security formula. This situation creates a risk of legal uncertainty that could threaten job security and employee welfare. In conclusion, legal certainty for Part-Time PPPK can only be achieved through policy harmonization that ensures the fulfillment of normative rights on an equal footing with other civil service elements. The implications of this research emphasize the importance of the government immediately issuing concrete implementing regulations to avoid maladministration in national talent management.
Copyright (c) 2026 Risman Setiawan Risman https://creativecommons.org/licenses/by/4.0
Customary Land Ownership, Legal Pluralism, And Sustainable Land Governance In Southeast Asia
Ownership and management of customary lands in Southeast Asia, especially in Indonesia, still faces various legal, social, and economic problems due to the overlap between state law and customary law. This study aims to analyze the recognition of customary land rights and compare legal frameworks and implementation practices in several Southeast Asian countries to find an ideal model for equitable and sustainable customary land management. The research method used is normative legal research with a regulatory approach, a case approach, and a comparative approach. The source of legal material consists of primary, secondary, and tertiary legal materials that are analyzed qualitatively to produce prescriptive conclusions. The results of the study show that in Indonesia, although there has been legal recognition of customary land through the Constitutional Court Decision No. 35/PUU-X/2012, its implementation still faces administrative and political obstacles. Meanwhile, in other countries such as Malaysia and the Philippines, recognition of indigenous peoples' rights has been more institutionalized through affirmative policies and clearer juridical protections. These findings highlight the need for harmonization between customary and national laws as well as regional cooperation to strengthen the protection of indigenous peoples' rights to land
Customary Land; Customary Law Communities; Comparative Law; Southeast Asia; Legal Harmonization
Copyright (c) 2026 Safrin Salam, Muhammad Ramadan Kiro, La Gurusi, Rizki Mustika Suhartono, Sri Warjiyati https://creativecommons.org/licenses/by/4.0
Rehabilitation Of Victims of Narcotics Abuse From The Perspectives of Depenalization, Decriminalization, and Human Right Protection
Conceptually, within the framework of depenalization, if a person who uses narcotics reports themselves to a designated Mandatory Reporting Receiving Institution (IPWL), whether at a community health center (Puskesmas) or a hospital appointed by the Ministry of Health, that person may avoid criminal prosecution.These two important principles need to be understood by all segments of society, especially those with authority and responsibility in law enforcement, namely that punishment or imprisonment is not the right solution because it only creates new problems, such as overcrowding in prisons and detention centers, along with other potential disturbances that may arise in the future.
rehabilitation; narcotics abuse; drug users; depenalization; decriminalization; human rights
Copyright (c) 2025 jimmi marliston pandapotan aritonang, Abram Sahing, Aldhitama Ramadhan, Fredy Ied Fitriadi https://creativecommons.org/licenses/by/4.0
Constitutional Analysis of Human Rights Protection Within The Indonesian Legal System
This article analyzes the constitutional protection of human rights in Indonesia through the normative framework of the amended 1945 Constitution of the Republic of Indonesia. Human rights protection is positioned as a core element of constitutionalism and the rule of law in a democratic state. Following the Reformasi era, constitutional amendments explicitly incorporated human rights into Chapter XA (Articles 28A–28J), elevating them to the highest legal status. Using a normative legal research method with constitutional, statutory, and conceptual approaches, the article examines the structure, scope, and limitations of constitutional human rights guarantees. The analysis shows that the Constitution provides comprehensive protection of civil, political, economic, social, and cultural rights, reflecting universal human rights norms and national values rooted in Pancasila. Nevertheless, challenges remain in the interpretation, implementation, and enforcement of these guarantees. Special attention is given to Article 28J, which permits limitations on human rights based on morality, religious values, security, and public order. Although constitutionally justified, its broad formulation risks disproportionate restrictions. In this context, the Constitutional Court plays a vital role in safeguarding constitutional supremacy and ensuring proportionality. The article concludes that while Indonesia’s constitutional human rights framework is normatively strong, its effectiveness depends on consistent interpretation, institutional commitment, and a legal culture that genuinely respects human rights.
Copyright (c) 2025 Violla Evarista, Kristanto, Vinanda Langgeng Kencana, Riyan Ardiansyah https://creativecommons.org/licenses/by/4.0
Juridical Normative Analysis of Gig Worker Partnership Relationshio In Indonesia From The Perspektif of International Human Rights Standards
The growth of the sharing economy in Indonesia has shifted the traditional employment paradigm toward digital partnership schemes. However, this scheme creates legal status uncertainty, which impacts the neglect of workers' basic rights. This study aims to analyze the gap between partnership regulations in Indonesia and international Human Rights (HAM) standards regarding decent work. Using a juridical-normative method with a comparative legal approach, this study found that algorithmic control by application companies creates a subordinate relationship that is de facto an employment relationship, but lacks de jure protection. The results show violations of the right to fair wages, health insurance, and job security. This study recommends the need for a third legal category to bridge the gap in protection for gig workers.
Copyright (c) 2025 Susy Putri Wihadi, Thomas Mulyanto Kurniawan, Alfred Ariyanto, Nunuk Jati Saputri https://creativecommons.org/licenses/by/4.0
Legal Analysis of Human Righta Violayions in Strategic Infrastructure Development in Wadas Village, Purworejo
This study aims to analyze the forms of human rights violations in the case of Wadas Village and evaluate the state's responsibility based on Law Number 39 of 1999 concerning Human Rights. The focus of the study includes the right to security, land ownership, freedom of expression, and community participation in national strategic development projects. The approach used is qualitative, juridical-sociological, with secondary data collection from legal documents, official reports, journal publications, and media reports. The analysis was conducted using descriptive-thematic and deductive-inductive methods. The findings revealed clear violations, including arrests without warrants, restrictions on citizen participation, and non-compliance with legal procedures by officials. These results emphasize the importance of human rights-based due diligence mechanisms and active community involvement to ensure equitable development.
ANDIKA RAFA HENDRAWAN ANDIKA RAFA HENDRAWAN
Copyright (c) 2025 ANDIKA RAFA HENDRAWAN ANDIKA RAFA HENDRAWAN, BAGAS DAVA AJI RAMADHAN, Firmansyah Nur Arifin, Sevy Septiana Afina https://creativecommons.org/licenses/by/4.0
Injustice in Education and Human Rights in Papua
The results of this study demonstrate that the Indonesian government has yet to fully implement the mandates of the 1999 Human Rights Law and the 2000 Human Rights Court Law. Although Indonesia possesses a comprehensive legal framework through Law No. 39 of 1999 on Human Rights and Law No. 26 of 2000 on Human Rights Courts, their enforcement in conflict regions such as Papua remains weak and inconsistent. Using a normative juridical approach, this study examines the gap between the ideal principles of human rights protection and the realities of their application in the field. Findings reveal that weak accountability among law enforcement institutions, entrenched impunity, and a dominant militaristic approach have collectively led to the state’s failure to protect civilians, particularly educators. To realize substantive justice, Indonesia must pursue legal and institutional reforms, strengthen the independence of human rights bodies, and adopt a human security paradigm centered on protection and recovery for victims. Transparent law enforcement and continuous human rights education are crucial in restoring trust, rebuilding humanity, and healing the wounded sense of justice in Papua.
Copyright (c) 2025 OKTAVIANA AYU SEKAR ASTUTI, ALICIA NURUL HIDAYAH, DESVITA KHANSA SALSABILA https://creativecommons.org/licenses/by/4.0
Legal Institutional Framework To Counter Crony Capitalism In Vietnam's Investment-Led Growth Transition
This paper examines how Vietnam's current legal framework enables crony capitalism and proposes institutional reforms to strengthen the rule of law. The primary objective is to identify legal vulnerabilities that allow politically connected entities to circumvent market discipline and recommend targeted institutional reforms. The research design employs doctrinal legal analysis combined with comparative institutional assessment, examining Vietnam's Competition Law, Anti-Corruption Law, Investment Law, and judicial framework against international best practices. The methodology includes systematic analysis of legal provisions, implementation gaps, and enforcement mechanisms, supplemented by comparative analysis with Singapore and South Korea's anti-cronyism frameworks. Main outcomes reveal four critical vulnerabilities: excessive administrative discretion, institutional fragmentation in anti-corruption enforcement, weak judicial independence, and limited transparency in administrative decision-making. Results demonstrate that these legal gaps create systematic opportunities for political connections to override market mechanisms while maintaining formal legal compliance. The conclusions recommend establishing unified anti-corruption institutions, enhancing competition policy independence, strengthening judicial autonomy, and implementing comprehensive transparency mechanisms. These reforms are essential for Vietnam's transition to sustainable investment-led growth and maintaining international competitiveness.
Copyright (c) 2025 Chau Vu https://creativecommons.org/licenses/by/4.0
THE ROLE OF NURSES AS WITNESSES IN MEDICAL MALPRACTICE CASES INVOLVING DOCTORS
Nurses play a vital role in healthcare facilities, yet there are no clear regulations regarding their obligations and legal protection in malpractice cases involving doctors. This legal uncertainty creates professional dilemmas, particularly when providing objective testimony. This study explores the role of nurses as witnesses in such cases using a qualitative approach based on literature analysis. Nurses contribute to justice by offering testimony from direct observations and medical documentation. Their statements clarify medical actions, patient conditions, and potential procedural violations. Beyond legal obligations, nurses have a moral duty to disclose the truth without external pressure. Their testimony is crucial in ensuring ethical and professional healthcare services. To uphold this role effectively, nurses must understand their rights, obligations, and legal protections, allowing them to act with professionalism and integrity.
Copyright (c) 2023 dominggos soares, Sukendar https://creativecommons.org/licenses/by/4.0
The Concept Of Justice In Maternal And Child Health Care Services
Despite improvements in maternal and child healthcare (MCH) outcomes in Indonesia, significant disparities persist, particularly in remote and underdeveloped areas. This study examines the concept of justice in MCH services, focusing on how justice is perceived and experienced by women in these regions. The study aims to explore how justice is applied in MCH services, focusing on equitable access, quality of care, and the inclusion of marginalized groups, particularly women from disadvantaged communities. A descriptive qualitative approach was used, relying on secondary legal materials, including academic journals, health policies, and regulations. Data were analyzed through content analysis to explore how justice principles, especially distributive justice, are reflected in MCH services. Findings show that justice in MCH services encompasses both equal access and preferential treatment for those in greater need. Rawls' Theory of Justice as Fairness provides a framework for understanding how policies should reduce healthcare inequalities and ensure equal opportunities for vulnerable populations. The study emphasizes the need for policies that prioritize the most disadvantaged groups, such as impoverished mothers and children, ensuring that justice in healthcare is both normative and actionable.
Copyright (c) 2025 Sukendar, Bambang Sunaryo https://creativecommons.org/licenses/by/4.0
Justice Theory Approach To Patient Registration Using Mobile Health In The Hospital
This research aims to determine the effectiveness of the use of the Mobile Jaminan Kesehatan Nasional, known as the National Health Insurance (Mobile JKN) application, in the process of registering for health services at the hospital, and to assess the fairness of access to these services based on the approach of justice theory. The research was conducted at Toto Kabila Regional Hospital with a descriptive qualitative approach and phenomenological research method. Data collection techniques were carried out through interviews and the distribution of questionnaires to patients who used the Mobile JKN service. The research results showed that the Mobile JKN application provides convenience for some patients, especially in terms of time efficiency and queue reduction. However, several obstacles were found, such as registration difficulties, network disruptions, and low digital literacy among certain communities. Based on the theory of justice (distributive, communicative, legalist, and vindicative), it was found that access to services through this application was not completely fair and equitable, especially for people who live in remote areas or do not have access to technology. Thus, it is important to increase digital education and better network infrastructure support to ensure equal distribution of Mobile JKN services across all levels of society.
Copyright (c) 2025 Rindi karim karim, Merlin Abd.Rahman https://creativecommons.org/licenses/by/4.0
Impact of International legal Policy on Green Economy
This research examines the urgency of international legal policy in promoting sustainable development and the transition to a green economy, given global challenges such as climate change and environmental degradation that require a collective response. The aim is to analyze the effectiveness of international legal instruments, such as the Paris Agreement and the SDGs, in creating a regulatory framework that supports a green economy. This research uses a normative juridical method with analysis of international legal documents and case studies to evaluate the implementation of these policies. The results show that international legal policies have played an important role in setting global standards for sustainable development, but their implementation still faces challenges such as inconsistencies in national regulations and lack of effective enforcement mechanisms. In conclusion, while the international legal framework has provided a solid foundation, it requires policy harmonization, institutional capacity building and stronger political commitment from member states. Suggestions include strengthening monitoring mechanisms, improving technology transfer and funding, and integrating green economy principles into national development policies.
Copyright (c) 2025 Rahmad Ramadhan Siregar, Alfan Dzikria Nurrachman, Peter Guntara https://creativecommons.org/licenses/by/4.0
The New Cooperative Program ‘KMP’ And The Indonesian Pancasila Economy: A Legal And Philosophical Approach
The new emergence of Koperasi Merah Putih (KMP) reflects Indonesia’s renewed effort to realign its economic development with the foundational values of Pancasila. Despite the country’s rich history of cooperative movements, legal fragmentation and philosophical detachment have hindered their transformative potential. This paper aims to analyze KMP as both a legal and philosophical manifestation of Indonesia’s economic identity. Using a descriptive qualitative approach, the study examines existing legal frameworks, the integration of Pancasila values into cooperative practice, and the institutional dynamics surrounding KMP implementation. Key findings show that while KMP has a strong normative foundation rooted in Law No. 25/1992 and the 1945 Constitution, its practical application faces challenges in regulatory adaptation, institutional synergy, and philosophical consistency. The research highlights the importance of reconstructing legal instruments to support village-based economic democracy and advocates for embedding justice, solidarity, and identity within the cooperative structure. This study concludes that KMP can serve as a strategic model for reimagining Indonesia’s future economy—one that is community-centered, ethically grounded, and constitutionally aligned.
Copyright (c) 2025 Asep Koswara https://creativecommons.org/licenses/by/4.0
The Role of International Law in Ensuring The Right to Education in Developing Countries
International law has guaranteed the right to education through various legal instruments; however, its implementation in developing countries still faces serious obstacles due to economic, social, political, and cultural factors, leading to significant disparities in access to and quality of education. This study aims to examine the role of international law in ensuring the right to education in developing countries. A qualitative approach using literature review is employed to analyze the effectiveness of international law in guaranteeing the right to education in these countries. A descriptive-analytical analysis and a comparative study with Thailand are used to identify gaps and solutions for implementing education policies. The findings indicate that the role of international law includes affirming the right to education through various legal instruments, despite persistent challenges in developing countries, such as budget constraints and unequal access. International organizations play a crucial role in supporting global education policies, while Thailand serves as an example of a more progressive country in aligning its policies with international standards. To enhance the effectiveness of international law, stricter monitoring, sanctions for non-compliant states, and global cooperation in providing educational resources are necessary.
Copyright (c) 2025 Abdulkarim Duerawee https://creativecommons.org/licenses/by/4.0
THE ROLE OF INTERNATIONAL ORGANIZATIONS IN SUPPORTING PALESTINE'S RIGHT TO INDEPENDENCE
International organizations have issued various resolutions and diplomatic efforts to support Palestinian independence. However, implementation on the ground continues to face significant obstacles due to the political interests of major powers and the lack of effectiveness in enforcing agreed resolutions. This study aims to examine the role of international organizations in supporting Palestine's right to independence.This research employs a literature study and qualitative analysis with a descriptive-analytical approach to understand the role of international organizations in supporting Palestinian independence. The study is based on academic sources, official documents, and credible news reports, ensuring data validity through source triangulation.The findings indicate that international organizations play a significant role in supporting Palestinian independence through diplomacy, humanitarian aid, human rights advocacy, and international law enforcement. However, various challenges, such as the political interests of major powers, vetoes in the UN Security Council, and the lack of concrete actions against Israel, remain major obstacles to achieving Palestinian independence. Therefore, more effective strategies and stronger coordination among international organizations are necessary to ensure that Palestinian independence is not merely a discourse but a reality in global politics.
Copyright (c) 2024 Shaban Al-Dalou, Ahmad Rifai https://creativecommons.org/licenses/by/4.0
Juridical Analysis Of The Reasons For The Annulment Of International Arbitration Awards By The Supreme Court In Decision No. 219 B/Pdt.Sus-Arbt/2016
There are often obstacles in the recognition and enforcement of international arbitration awards, particularly concerning annulment grounds submitted to the Supreme Court, such as procedural non-compliance, allegations of fraud, and inconsistencies with the arbitration agreement, which may affect confidence in arbitration as a dispute resolution mechanism. This study aims to explore the mechanisms, challenges, and implications of annulment, as well as comprehensively examine the legal foundations underlying decisions and their impact on the parties' trust in arbitration. The research employs a normative juridical approach, with the results analyzed qualitatively. The findings indicate that the Supreme Court of the Republic of Indonesia plays a crucial role in annulling international arbitration awards based on national law and the principles of justice, especially in cases involving procedural violations or conflicts with public interest. The Supreme Court's rulings in international arbitration cases have significant legal implications, including clarifying the requirements for arbitration award recognition, enhancing legal certainty for investors, and strengthening Indonesia's legal standing in international agreements. While Supreme Court decisions may reinforce the arbitration system, diverse perspectives exist among stakeholders—business actors and investors may be concerned about legal uncertainty, whereas regulators and legal practitioners view such rulings as essential for maintaining arbitration integrity. Therefore, consistency, transparency, and the strengthening of arbitration regulations are key factors in sustaining trust in Indonesia's arbitration system.
Copyright (c) 2025 Agung M susilo agung saputro, Lauren B. Edelman https://creativecommons.org/licenses/by/4.0
Insurance Claims For Loss Of Goods (study decision number 16/Pdt.G.S/2022/PN Mks)
Insurance or coverage is something that is no longer foreign to the Indonesian people, where most Indonesian people have entered into insurance agreements with insurance companies, both state-owned and private insurance companies. Insurance companies are non-bank financial institutions that have a role that is not much different from banks, namely engaged in the field of service services provided to the community in overcoming risks that occur in the future. Insurance is very important because in addition to providing protection against possible losses, insurance also encourages other economic growth. The method used in this study is the normative juridical method. The results of the study show that claims in insurance terms are interpreted as requests or demands for payment of benefits in accordance with the provisions stipulated by the insurance policy. A claim is an application by a participant to obtain coverage for losses available based on the agreement. The claim process steps for each insurance company are different, but basically the process is carried out by the insured by submitting a claim to the insurer which will then be processed whether the process rights are approved or not approved. Unfortunately, in practice, the guarantee of legal protection for insurance policyholders is less protected. The problem that is always experienced by policyholders is the difficulty of obtaining compensation payments when an event occurs. Thus it can be said that default is the implementation of obligations that are not fulfilled or broken promises or negligence carried out between the parties either because they do not carry out what has been agreed or even do something that according to the agreement should not be done. There are ways that can be taken to resolve disputes between the parties involved in a dispute, namely through litigation and non-litigation.
Copyright (c) 2025 Angelline Putri Permatasari https://creativecommons.org/licenses/by/4.0
Land Dispute Analysis: Case Study Between Third Parties And Heir In The Decision Of The Supreme Court Of The Republic Of Indonesia Number 629K/Pdt/2023
Inheritance problems often arise due to unfair distribution of assets, not in accordance with the provisions of applicable inheritance laws, both according to Civil Law, Customary Law, and Islamic Law. Inheritance involves the transfer of assets after a person's death to the rightful heirs. In some cases, such as in Supreme Court Decision Number 629K/Pdt/2023, disputes related to inherited land become complex problems, involving various legal aspects and disputed facts. This study analyzes the decision with a normative legal approach, using literature studies on primary, secondary, and tertiary legal materials. The Supreme Court in this decision rejected the cassation application on the grounds of ne bis in idem, emphasizing the importance of the principle of finality in inheritance law. Land disputes, such as those in this case, demonstrate the complexity of inheritance law in Indonesia, especially when involving third parties and decisions that have permanent legal force. The analysis of this decision also includes the obstacles faced in the legal process, including the principle of ne bis in idem, the legal force of previous decisions, and the complexity of proving heir status. This research is expected to contribute to the development of legal science, especially in resolving inheritance land disputes and a deeper understanding of judicial practices in Indonesia.
Copyright (c) 2024 Amanda Devina Cellia Pambudi, Fitri Setyo Rini, Maya Dyah Palupi, Cindy Atika Zualeka https://creativecommons.org/licenses/by/4.0
Avoiding Alcohol and Drugs: The Role of UDB Students in Increasing Awareness of Bina Dhirgantara Aviation Vocational School Students
Alcohol and drug abuse among students is a serious problem that can threaten the future of the younger generation. This study aims to describe the perception of vocational high school students towards alcohol and drug abuse at Bina Dhirgantara Aviation Vocational School. This research method uses a quantitative approach with a cross-sectional design, and a qualitative method with interviews. A total of 31 respondents were selected as research samples through the proportional random sampling technique of Bina Dhirgantara Aviation Vocational School, who have diverse characteristics and social backgrounds. The results of the study showed that there was a significant relationship between knowledge, experience, and risk perceptions of alcohol and drug abuse among students. Perceptions and benefits of avoiding alcohol and drugs and cues to action also have a significant influence on student behavior. Meanwhile, perceptions regarding obstacles to staying away from alcohol and drugs do not have a significant relationship. In terms of demographics, the majority of respondents were aged 15-18 years (70%). Students who had never attended alcohol and drug socialization (51.6%) and those who had attended (48.4%), with 55% of them being male. This study suggests that schools work together with the National Narcotics Agency (BNN) to develop more effective prevention programs, as well as improve education among students about the dangers of alcohol and drug abuse. These efforts are expected to create a safer school environment and support a young generation free from substance abuse.
Copyright (c) 2024 dinda_prama_suari dinda_, Desvita Khanza S, Dinda Prama https://creativecommons.org/licenses/by/4.0
LEGAL CONSEQUENCES OF FALSIFYING DATA IN LIFE INSURANCE APPLICATION LETTER BY POLICY HOLDERS WHEN FILING AN INSURANCE CLAIM (Case Study Decision Nomor 269/Pdt.G/2023/PN Jkt. Sel)
Insurance is considered important when connected with the development of today's society. Where insurance can be the first step towards a guarantee system. Therefore, the main function of insurance is to replace losses arising from unexpected events and restore conditions to their original state before the risk occurs. Insurance is regulated in the Insurance Law Number 40 of 2014 and regulations issued by the Financial Services Authority. However, there are still various problems related to the insurance sector. The insurance application process is not just signing a contract, but also includes the application of the principle of good faith, including in submitting health data on the life insurance application form (SPAJ). Both the insurer and prospective insurance customers have an obligation to exercise their rights and responsibilities, including the obligation for prospective customers to provide accurate and precise health information, so that the premiums and insurance benefits received are in accordance with the actual conditions. This article discusses the requirements for SPAJ, the importance of good faith in insurance contracts, and the legal impacts that arise if the policyholder falsifies data in the SPAJ. The research used in writing this article is a normative legal approach, which means that this article is compiled based on applicable theories, concepts, legal principles, and regulations. The purpose of this study is to improve the understanding of readers and writers regarding the legal consequences of data falsification caused by inaccurate information provided by policyholders
Copyright (c) 2024 Nurul Itsna Fawzi'ah https://creativecommons.org/licenses/by/4.0
SETTLEMENT OF INHERITANCE DISPUTES DUE TO A WRITTEN WILL GRANTING INHERITANCE RIGHTS TO OTHER THAN HEIRS
This research discusses the settlement of inheritance disputes arising from written wills that grant inheritance rights to parties other than legal heirs. In Indonesia, wills often trigger conflicts due to differences between the testator's wishes and applicable legal provisions. Many heirs feel aggrieved or dissatisfied with the distribution of assets, leading to disputes that end up in legal proceedings. This study uses a normative juridical method with a conceptual and legislative approach to analyze the legal position of a will, the role and authority of judges in handling disputes involving non-heirs, and understanding how the testator's will can be legally recognized without violating the heirs' rights. Through a case study of Decision Number 307/PDT.G/2021/PN JKT.SEL, this research is expected to contribute to the understanding of inheritance law, provide fair solutions in inheritance disputes, and clarify the role of wills in the Indonesian legal system.
Copyright (c) 2024 trias pangesti, Devi Fahwi Kurniastuti, Giovania Madeira Do Carmo, Yessa Ayu Agista https://creativecommons.org/licenses/by/4.0
LEGAL ANALYSIS OF THE SUPREME COURT DECISION NO. 1984 K/PDT/2024 ON THE DISPUTE OF INHERITANCE ASSET DIVISION
Inheritance disputes in Indonesia often arise when the division of inheritance is not clearly regulated, resulting in conflicts between heirs. Supreme Court Decision No. 1984 K/Pdt/2024 is the focal point of this study, because it reflects the application of the principles of justice and equality in the division of inheritance. In this case, the heirs of the late Sutikno Adiwijaya experienced disagreements regarding the division of assets including land, buildings, and savings accounts. The Supreme Court ruled that all heirs were entitled to the same share, namely 1/6 of the total estate. When physical division was not possible, the Supreme Court determined the sale or auction of assets as a solution, in accordance with the provisions in the Civil Code. In addition, this decision also emphasizes the importance of the implementation of security seizure to protect the rights of the heirs during the legal process. This study aims to analyze the application of the principles of inheritance law in the decision and examine the mechanism for the division of inheritance that cannot be physically divided, as well as the solutions provided by the Supreme Court in this context. Hopefully, this study can serve as a guide for the public and law students in dealing with similar inheritance disputes.
Copyright (c) 2024 Agung M susilo agung saputro, Nanda Puspitasari Wardoyo, Nurani Sofiyana, Shahnata Putri https://creativecommons.org/licenses/by/4.0
Legal Consequences of PT Bankruptcy Decision. Krishna Life Insurance (Supreme Court Decision No. 647 K/Pdt.Sus-Pailit/2021)
Asuransi atau proteksi asuransi muncul dari kebutuhan dasar manusia untuk mengelola risiko yang mungkin terjadi, baik secara sadar maupun tidak sadar, dalam kehidupannya. Untuk mengatasi risiko tersebut, berbagai produk asuransi telah dikembangkan, khususnya produk asuransi jiwa unit link yang menggabungkan fitur proteksi dan investasi. PT Kresna Life merupakan salah satu perusahaan yang menawarkan produk asuransi unit link ini, yang dikenal dengan nama *Asuransi Jiwa Kresna Link Investor (K-LITA)*. Namun, seiring berjalannya waktu, PT Kresna Life mengalami kendala likuiditas yang menyebabkan perusahaan tersebut gagal memenuhi kewajibannya. Akibatnya, perusahaan tersebut dinyatakan pailit oleh Mahkamah Agung (MA) pada tahun 2018, sebagaimana tercantum dalam Putusan Mahkamah Agung Nomor 647 K/Pdt.Sus-Pailit/2021 yang dikeluarkan pada tanggal 8 Juni 2021. Artikel ini membahas mengenai gugatan pailit yang diajukan terhadap PT Kresna Life dalam putusan Mahkamah Agung tersebut, serta akibat hukum yang timbul, khususnya bagi pemegang polis. Penelitian ini menggunakan metodologi penelitian hukum normatif, yaitu dengan menelaah berbagai literatur hukum seperti peraturan perundang-undangan, jurnal, buku, putusan pengadilan, dokumen, dan karya akademis lain yang relevan. Hasil penelitian menunjukkan bahwa pasca pailit PT Kresna Life, perusahaan kehilangan kendali atas aset pemegang polisnya. Pengelolaan aset tersebut dialihkan kepada pengurus pailit, sehingga pemegang polis semakin sulit memperoleh manfaat asuransi. Proses likuidasi oleh pengurus pailit biasanya memakan waktu yang cukup lama. Setelah likuidasi, biaya-biaya tambahan seperti honorarium pengurus dan pajak dipotong dari hasil likuidasi, sehingga mengakibatkan berkurangnya jumlah yang diterima pemegang polis sebesar 4,444%. Kepailitan PT Kresna Life berdampak signifikan terhadap pemegang polis, dengan proses likuidasi yang panjang dan berkurangnya jumlah klaim asuransi yang dibayarkan. Sebagai bentuk pertanggungjawaban, debitur dapat menyampaikan Rencana Pemulihan Keuangan (RPK) kepada Otoritas Jasa Keuangan (OJK) dalam upaya memenuhi kewajibannya kepada pemegang polis.
Copyright (c) 2023 Rika Maryani, Tri indah Lestari https://creativecommons.org/licenses/by/4.0
Prevention of Obscenity and Sexual Violence in Adolescents at SMA Negeri 1 Kartasura
Abuse or planning against children is a threat to children in indonesia as the nations’s next generation.Criminal acts of sexual immorality are genrally committed by members of the opposite sex,especially men,against girl as victims.In this research the author uses a normative jurdical approach,or an approach to legal norms that regulate criminal acts of sexual abouse against children and their accountability. The crime of obscenity; is one of the crimes in the sexual sector which is very disturbing to society, this is also contrary to the Government's aim of creating a safe, peaceful and prosperous society. The judge's decision can deter the perpetrators from committing the crime again, apart from that, guidance is also needed to rehabilitate the perpetrators so that they will not repeat their actions by instilling religious norms in them. The new Child Protection Law is a powerful tool for implementing the Convention on the Rights of the Child in Indonesia. Although it remains flawed, the Act is a fundamental framework and is very useful in providing protection to the most vulnerable children. The child protection law provides an umbrella framework that is very useful in providing protection for the majority of vulnerable/vulnerable children. One of the strengths of this law is clear and firm sanctions against anyone who violates children's rights. Thus, legal protection for victims of criminal acts of sexual abus. Child protection is to guarantee and protec children’s rights,fulfill human dignity,and avoid violence and sexual immorality.Perpetrators of fornication will be threatened with severe punishment to be held accountable for his actions. In sexual offenses with an element of coercion,a specal trimonology is given,namely rape,this offenese is regulated in Article 285 of the Criminal code,namely that it must fulfill the elements of violence,sexual intercorse,a woman who is not a “wife”.
Copyright (c) 2024 Samsul Huda, Zahra DA, Hasnaa AR https://creativecommons.org/licenses/by/4.0
DECISION NUMBER 809/Pdt.G/2024/PA. Pwr: PEACE DEED IN SETTLEMENT OF INHERITANCE DISPUTES IN THE PURWOREJO RELIGIOUS COURT
This article examines the settlement of inheritance disputes through a peace deed in the context of Decision Number 809/Pdt.G/2024/PA. Pwr taken by the Purworejo Religious Court. This dispute arose due to the lack of clarity in the distribution of the inheritance left by Alm. Hj. Sulistyowati binti Suhardjono, where the heirs have different views on their rights and respective shares of heritage property which includes land, buildings, and movable objects. This disagreement triggered conflicts between the parties, prompting the plaintiff to file a case in court in order to seek justice and a fair settlement. The mediation process facilitated by the Religious Court aims to reach a binding and final peace agreement, as well as to avoid further conflict. In this study, a normative juridical approach is used to analyze the legal norms that govern mediation and heirs' rights, as well as the application of civil law principles in the context of inheritance disputes. The results of the study show that the peace deed resulting from the mediation process has the same legal force as the judge's decision, providing strong legal protection for all parties involved. This peace agreement not only resolves disputes over the distribution of inheritance, but also reflects the dynamics of family relationships and the challenges of reaching an agreement. As such, this article highlights the importance of communication and negotiation in the settlement of inheritance disputes, as well as the positive impact of peace deeds on legal certainty and justice for the parties involved.
Copyright (c) 2024 Az Zahra Nashira Ryan, Risky Eka Pratama, Zakiyya Muflih Gusma Putra https://creativecommons.org/licenses/by/4.0