Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara
Journal Title : Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Initials : Eksekusi Frequency : Februari, Mei, Agustus dan November Print ISSN : 2987-9124 Online ISSN : 2987-7113 Editor in Chief :Dr. Nurasia Natsir, S.Hum.,M.Hum DOI : 10.55606 Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara; dengan e-ISSN : 2987-7113, p-ISSN : 2987-9124 adalah jurnal yang diterbitkan oleh prodi Hukum, Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar. Jurnal ini memuat kajian-kajian di bidang ilmu hukum baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat. Jurnal ini terbit 1 tahun 4 kali (Februari, Mei, Agustus dan November). Jurnal ini terakreditasi SINTA 4 (SK Direktur Jenderal Pendidikan Tinggi, Riset, dan Teknologi Nomor 156/C/C3/KPT/2026 tanggal 7 April 2026, tentang Pemberitahuan Hasil Akreditasi Jurnal Ilmiah Periode 2 Tahun 2025), dimulai dari Volume 1 Nomor 3 Tahun 2023 sampai Volume 6 Nomor 2 Tahun 2028. Indexed by : <a title="scholar.google" href="https://scholar.google.com/citations?hl=id&view_op=list_works&authuser=8&gmla=ALUCkoV8_Q6VUkjDkfn2D3YZ2aGdUT7AomNgs0PRHnS9zdBjZrYl-ucTNZZQsH8I5eHmEUhyftd7FCuhkcA5hI5OpB2AkZh3gUMLLwTTM6otIgCJj4Rolo7g2A&user=FJkgLSoAAAAJ&gmla=ALUCkoUv1dB2V4s2zoI6ZiyeYQtz6oVDjEidJ0zaIXxaUcay_yL13irh3ilxNes7jdpM_fTe0LDjPxSCKJ1M1CiCOnkbxwvisiQp7VmqV7ebSb_i2zRcYzVrHw&sciund=13992312220761174415&gmla=ALUCkoXI07m5c6UIKpMEQoUw3TIRdZrg5F7TdVThaz3CeEC1eJtvN9jCFLzLrZIj8rV6c_HF3BLQiF7-8vGZY_vVXNmopR9XxxjpJQ1DHWuQT1GRjS4oDFzLCw&sciund=4036263025678526799" target="_blank" rel="noopener"> Journal Sponsors and Partners :
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Politik Hukum Kewajiban Konsultasi dalam Pembentukan Peraturan Komisi Pemilihan Umum
The independence of the General Elections Commission (KPU) as an election organizing institution is constitutionally guaranteed; however, in practice, KPU's authority to create regulations is often constrained by the obligation to consult with the People's Representative Council (DPR) and the Government. This study uses a normative legal method with a statutory approach to analyze the legal politics behind the consultation requirement between KPU, DPR, and the Government in the process of forming KPU regulations. The research findings indicate that this obligation is not based on a strong philosophical or legal foundation, but rather on DPR's concern about the possibility that KPU may refrain from consulting with them. Therefore, a change in phrasing from “must” to “may” in the consultation norm is necessary to restore KPU's position as a truly independent institution, in accordance with the constitutional mandate. This change will allow KPU to operate more freely and objectively in making decisions without unnecessary pressure or intervention, in line with the spirit of electoral reform that aims for greater transparency and accountability.
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Rekonfigurasi Hukum Islam Di Indonesia: Pergeseran Dari Living Law Menuju State Law
The transformation of Islamic law in Indonesia demonstrates a significant shift in the relationship between socio-religious norms and the national legal system. Islamic law, which initially developed as a living law within Muslim society, has gradually undergone a process of formalization through state legislation and institutionalization. This study aims to analyze the reconfiguration of Islamic law in Indonesia from living law to state law, identify the factors driving this transformation, and examine its implications for legal pluralism and religious authority within society. This research employs an integrative literature review approach using a descriptive-qualitative method through the exploration and synthesis of scientific literature, legal regulations, and academic documents relevant to the development of Islamic law in Indonesia. The findings reveal that the positivization of Islamic law has occurred through the strengthening of state regulations in the fields of religious courts, the Compilation of Islamic Law, zakat, waqf, and Islamic economics, resulting in a shift in legal legitimacy from society to the state. The state plays a central role in reconstructing Islamic legal authority through legislation and the bureaucratization of religious legal institutions. This study confirms that the reconfiguration of Islamic law constitutes part of the dynamics of legal pluralism and the modernization of Indonesia’s national legal system.
Tinjauan Yuridis Implementasi Permenaker No. 9 Tahun 2016 Mengenai Keselamatan dan Kesehatan Kerja pada Pekerja Ketinggian di PT Kerpa Kerta Jaya Karawang
This study aims to analyze the steps of occupational safety planning and implementation of Minister of Manpower Regulation Number 9 of 2016 issued by the Minister of Manpower concerning occupational safety and health in workplaces at heights at PT Kerpa Kerta Jaya Karawang. This study uses an empirical legal method, with a qualitative descriptive approach by collecting data through observation and a question and answer process with informants, and documentation. Based on the results of the analysis, it is known that safe work planning has been systematically arranged through hazard identification, risk assessment, and structured control. Meanwhile, implementation in the field has been carried out through the implementation of toolbox meetings, worker health checks, the use of personal protective equipment, and work inspections and supervision. However, there are still obstacles in implementation, especially related to human error factors, work environment conditions, and the level of worker discipline towards safety regulations. Thus, it can be hypothesized that the implementation of Minister of Manpower Regulation Number 9 of 2016 has been running well procedurally, but has not been fully optimal in practice. Therefore, increased supervision, coaching, and strengthening of occupational safety culture are needed to minimize occupational accidents in work at heights.
Implementasi Kebijakan Program Bantuan Pangan Non Tunai (BPNT) di Kelurahan Lamatti Rilau Kecamatan Sinjai Utara
This study aims to analyze the implementation of the Non-Cash Food Assistance Program (BPNT) policy in Lamatti Rilau Village, North Sinjai District, using George C. Edwards III's policy implementation model encompassing four variables: communication, resources, disposition, and bureaucratic structure. The study employed a descriptive qualitative approach with data collected through in-depth interviews, field observations, and documentation studies. Informants consisted of representatives from the Sinjai District Social Office, the Village Head, TKSK social workers, BPNT village operators, and four beneficiary families (KPM). Results show that BPNT implementation has been effective, supported by integrated communication through structural (RT/RW) and digital (WhatsApp) channels, adequate and qualified human resources, positive implementer disposition, and well-coordinated bureaucratic structure. Targeting accuracy, adaptive distribution mechanisms, food quality, monitoring and evaluation all showed satisfactory results. Supporting factors include strong local government commitment, active community participation, and solid inter-stakeholder coordination. The main obstacle—limited technology access among elderly KPM—was overcome by strengthening RT/RW roles, community leaders, and village communication optimization. This research contributes to studies of public policy implementation of social assistance programs at the village level.
Trading Halt sebagai Instrumen Stabilisasi Pasar Modal Indonesia dalam Perspektif Kepastian Hukum dan Perlindungan Investor
This study aims to analyze the legal framework governing the implementation of trading halts as a market stabilization mechanism in the Indonesian capital market system, examine their application from the perspectives of legal certainty and investor protection, and formulate an ideal regulatory framework to support capital market stability and legal protection for investors. This research employs a normative legal research method using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively. The findings indicate that the implementation of trading halts is legally grounded in the Indonesian Capital Market Law and regulations issued by the Indonesia Stock Exchange as instruments for controlling excessive market volatility. Trading halts play an important role in preventing panic selling, maintaining orderly market activities, and providing investors with sufficient time to assess market conditions during periods of significant fluctuations. However, several challenges remain, particularly concerning legal certainty, the flexibility of trading suspension parameters, transparency in decision-making processes, and the protection of investors’ rights. The existing regulatory framework has not fully accommodated the need for clear and consistent standards regarding the activation and termination of trading halts. Therefore, a more comprehensive, transparent, proportional, and accountable regulatory formulation is required to ensure that trading halts effectively maintain capital market stability while providing optimal legal protection for investors in Indonesia.
Analisis Yuridis Perbuatan Wanprestasi dalam Jual Beli Secara Online
This study aims to legally analyze breach of contract in online buying and selling based on Decision Number 151/Pdt.G/2020/PN South Jakarta. The research is motivated by the increase in electronic transactions that have the potential to cause breach of contract due to failure to fulfill obligations by the parties. The method used is normative juridical with a statutory and conceptual approach and is descriptive analytical in nature. Legal materials include the Civil Code, the Electronic Information and Transactions Law (UU ITE), the Consumer Protection Law, and related court decisions. The results of the study indicate that the elements of breach of contract in online transactions still refer to civil law, namely the existence of a valid agreement, negligence in fulfilling obligations, losses, and a causal relationship between negligence and losses. In the decision, the judge stated that the legal relationship between the parties remains valid even though the agreement was made electronically without a formal written contract. The defendant was deemed to have committed breach of contract because he did not fulfill his obligations to send goods and hand over the proceeds of COD payments. The regulation of breach of contract in online transactions is an integration of the Civil Code, the ITE Law, and the Consumer Protection Law. Legal consequences include compensation, fulfillment of performance, or cancellation of the agreement. Furthermore, electronic documents are recognized as valid evidence in cases of breach of contract.
Kurangnya Pemahaman dan Pengamalan Nilai Nilai Pancasila di dalam Kehidupan Bermasyarakat Berbangsa dan Bernegara
Pancasila as the ideology of the Indonesian nation must be a guideline for the life of the nation and state, the values ​​contained in Pancasila must be understood, inspired, and practiced in everyday life. However, not all Indonesian people understand the values ​​contained in Pancasila, so there are many deviations that occur in the application of Pancasila values. In the era of globalization, the times, and the development of science and technology (IPTEK) there are many deviations from the values ​​of Pancasila. The purpose of this paper is to provide information that many Indonesian people do not understand the values ​​of Pancasila, even practice the values ​​contained in Pancasila, also invite readers to practice the values ​​of Pancasila, because Pancasila is the ideology of the Indonesian nation that must be used as a way of life. . Pancasila as an ideology, namely in addition to its position as the basis of the Unitary State of the Republic of Indonesia, it is also a national ideology of Indonesia which is implemented consistently in the life of the state. The research conducted is based on looking at the facts that exist in the surrounding environment in the community.
Rekonstruksi Implikasi Yuridis Putusan Mahkamah Konstitusi Nomor 105/PPU-XXIII/2025 Terhadap Panguatan Prinsip Good Governance dalam Perspektif Siyasah Qadhaiyah
This study aims to analyze the implications of Constitutional Court Decision Number 105/PUU-XXIII/2025 on the implementation of a clean and corruption-free government, as well as to examine it from the perspective of siyasah qadhaiyah. The research employs a normative legal method with statutory, conceptual, and case approaches to provide a comprehensive analysis. The results indicate that the decision has significant implications in clarifying the limits of authority and responsibilities of public officials, as well as strengthening government accountability. However, there is a potential weakening of oversight if the decision is not implemented consistently and is not supported by a strong supervisory system. From the perspective of siyasah qadhaiyah, the decision should reflect the values of justice (al-‘adl), trustworthiness (amanah), and public benefit (maslahah). Therefore, it is necessary to strengthen the integrity of law enforcement officials, improve the quality of oversight, and harmonize legal policies to ensure that the decision contributes optimally to achieving a clean, transparent, and accountable governance system.
Etika sebagai Fondasi Martabat Notaris: Integrasi Integritas, Kemandirian, dan Pengawasan Profesi untuk Menjaga Kepercayaan Publik
This study examines professional ethics as the core foundation for preserving the dignity of the notarial office and sustaining public trust in legal services. The article departs from the view that notaries are not merely technical drafters of authentic deeds, but public officials whose authority requires integrity, independence, confidentiality, prudence, and accountability. This research uses normative legal methods with statutory, conceptual, and literature approaches based on references published during 2015-2026. The analysis shows that the notarial code of ethics functions as a practical self-regulatory instrument that guides conduct, prevents conflicts of interest, limits promotional behavior, strengthens verification standards, and supports the credibility of authentic deeds. The findings also indicate that ethical violations are commonly related to unhealthy competition, cooperation that threatens independence, misuse of social media, weak discipline, and insufficient adaptation to digital practice. In response, effective ethical governance requires synergy among individual morality, organizational supervision, the Honorary Council, supervisory institutions, continuing education, and document-based service procedures. The study concludes that the dignity of the notarial office can only be maintained when ethics are internalized not as formal obligations alone, but as a professional culture embedded in daily service. Strengthening ethics therefore becomes a strategic pathway to preserve legal certainty, institutional legitimacy, and public confidence in the notarial profession.
Pertanggungjawaban Bank terhadap Kerugian Nasabah Akibat Perbuatan Melawan Hukum Pihak Ketiga (Studi Putusan MA Nomor 1486 K/Pdt/2023)
This study aims to analyze the legal regulation concerning bank liability for customer losses caused by unlawful acts committed by third parties, the legal considerations of the Panel of Judges in Supreme Court Decision Number 1486 K/Pdt/2023, as well as the form of civil liability of banks and its implications for customer protection and banking practices in Indonesia. This study employs a normative legal research method using statutory, case, and conceptual approaches. The legal materials consist of primary, secondary, and tertiary sources which are analyzed qualitatively. The results of the study indicate that the regulation of bank liability is based on the Banking Law, the Indonesian Civil Code, the Consumer Protection Law, and Financial Services Authority Regulations which require banks to safeguard customer funds and implement the prudential principle. The legal considerations of the Supreme Court affirm that the existence of a third party as the perpetrator of unauthorized fund withdrawal does not eliminate the bank's liability, particularly when such act occurs due to the involvement of internal elements or weak bank supervision. The form of the bank's civil liability is manifested through the obligation to return the customer's lost deposit funds. This decision has significant implications in strengthening legal protection for customers, improving the standards of internal bank supervision, and affirming that operational banking risks cannot be imposed on customers. Abstrak Penelitian ini bertujuan untuk menganalisis pengaturan hukum mengenai pertanggungjawaban bank terhadap kerugian nasabah akibat perbuatan melawan hukum pihak ketiga, pertimbangan hukum Majelis Hakim dalam Putusan Mahkamah Agung Nomor 1486 K/Pdt/2023, serta bentuk pertanggungjawaban perdata bank dan implikasinya terhadap perlindungan nasabah serta praktik perbankan di Indonesia. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan (statute approach), pendekatan kasus (case approach), dan pendekatan konseptual (conceptual approach). Sumber bahan hukum terdiri atas bahan hukum primer, sekunder, dan tersier yang dianalisis secara kualitatif. Hasil penelitian menunjukkan bahwa pengaturan tanggung jawab bank didasarkan pada Undang-Undang Perbankan, Kitab Undang-Undang Hukum Perdata, Undang-Undang Perlindungan Konsumen, serta Peraturan Otoritas Jasa Keuangan yang mewajibkan bank menjaga keamanan dana nasabah dan menerapkan prinsip kehati-hatian (prudential principle). Pertimbangan hukum Mahkamah Agung menegaskan bahwa adanya pihak ketiga sebagai pelaku pencairan dana tanpa hak tidak menghapus tanggung jawab bank, terutama apabila perbuatan tersebut terjadi karena keterlibatan unsur internal atau lemahnya pengawasan bank. Bentuk pertanggungjawaban perdata bank diwujudkan melalui kewajiban mengembalikan dana deposito nasabah yang hilang. Putusan ini memberikan implikasi penting berupa penguatan perlindungan hukum bagi nasabah, peningkatan standar pengawasan internal bank, serta penegasan bahwa risiko operasional perbankan tidak dapat dibebankan kepada nasabah.
Studi Perbandingan Pertanggungjawaban Pidana Pelaku Pencurian Sepeda Motor
This study aims to analyze and compare the criminal liability of perpetrators of motorcycle theft in two decisions of the Baubau District Court, namely Decision No. 42/Pid.B/2025/PN Bau involving the defendant La Ode Sofyan alias Ian bin La Ode Marwan Andam, who was sentenced to 1 (one) year imprisonment, and Decision No. 114/Pid.B/2024/PN Bau involving the defendant Muhammad Abdul Kadir, who was sentenced to 7 (seven) months imprisonment. This research employs normative legal research with descriptive-analytical specifications using the statute approach, case approach, and conceptual approach. The legal materials used consist of primary legal materials in the form of the Criminal Code (KUHP), Criminal Procedure Code (KUHAP), and court decisions; secondary legal materials in the form of books, scientific journals, and opinions of criminal law experts; as well as tertiary legal materials in the form of legal dictionaries. The data collection technique used was library research, which was then analyzed qualitatively through legal interpretation and argumentation. The results of the study indicate that criminal liability for both defendants has been applied in accordance with the principle of culpability (geen straf zonder schuld), although there are differences in the degree of fault. In Decision No. 42/Pid.B/2025/PN Bau, the defendant changed the color of the vehicle and removed the license plate, indicating a high level of intent (dolus directus) to disguise the proceeds of the crime. The difference in detention periods between the two defendants was caused by differences in legal risk levels as regulated in Article 21 of the Criminal Procedure Code (KUHAP), differences in case complexity, and the discretion of law enforcement officers, which are consequences of the criminal procedural law mechanism rather than a form of inconsistency in the application of the law.
Pertanggungjawaban Pidana terhadap Penyebaran Konten Deepfake untuk Membangun Citra Diri Secara Menyesatkan dalam Kampanye Pemilu di Indonesia
The use of deepfake technology in politics has created a significant disruption to the criminal liability system in Indonesia. The characteristics of this synthetic media trigger the phenomenon of plausible deniability, allowing political actors to easily deny their involvement. This normative juridical research aims to reconstruct the legal framework for election participants and intellectual actors to ensure accountability in the digital era.Analysis of the 2023 Criminal Code (KUHP), the 2024 ITE Law, and the Election Law reveals that the current individual-mechanistic approach fails to reach the masterminds behind the disinformation. Due to a regulatory vacuum regarding content attribution obligations, this study offers a progressive solution through the doctrines of vicarious liability and omission liability. Election participants or political parties can be held criminally liable if proven to have engaged in the systematic omission of deepfake circulation that benefits them. The recommendations of this study include the standardization of digital forensic evidence and mandatory AI content labeling to safeguard the integrity of democracy from the threat of an infocalypse.
This study analyzes the conflict between labor and employers in the rejection of the 2020 Job Creation Law (UU Cipta Kerja) using an integrative framework of Karl Marx’s and Ralf Dahrendorf’s conflict theories with Norman Fairclough’s Critical Discourse Analysis (CDA) approach. Employing a descriptive-analytical qualitative method, the study draws on secondary data comprising official statements from three groups of actors labor unions (mainly KSPI), employers’ associations (mainly APINDO), and the government collected from credible online media between 5 October 2020 and 31 March 2023. The analysis applies Fairclough’s three dimensions: text, discursive practice, and social practice. The findings show that the conflict manifests in three distinct discursive registers: a language of resistance and rights (labor), a language of investment and economic rationality (employers), and a language of delegitimization through “hoax” labeling (government). The unequal access to discursive channels reflects insider versus outsider strategies. Through Marx’s lens, the conflict is rooted in structural class antagonism; through Dahrendorf’s lens, it is a tension over the distribution of authority. The two superimpose, explaining the conflict’s high intensity and persistence. The outcome dynamics show the conflict was institutionally regulated, yet class antagonism persisted because the underlying relations of production remained unchanged.
Kebebasan Berpendapat dalam Perspektif Hukum Indonesia di Era Digital: Jaminan Konstitusional, Pembatasan yang Sah, dan Arah Reformasi Regulasi
Freedom of opinion is an essential constitutional right for democratic accountability, citizen participation, and the exchange of ideas in digital public spaces. This right is guaranteed by the 1945 Constitution and various international human rights instruments that Indonesia has ratified. However, the expansion of social media, disinformation, hate speech, doxing, cyberharassment, and inconsistent law enforcement have made its protections even more complex. Tensions arise between the need to maintain order and protect the dignity of individuals on the one hand, and the state's obligation not to silence legitimate expressions on the other. This article examines the legal position of freedom of opinion in Indonesia, the validity of its restrictions in the digital environment, and the direction of reform after the amendment of the Electronic Information and Transaction Law (UU ITE) in 2024 and the latest Constitutional Court ruling. Using normative juridical methods through legislative, conceptual, case, and comparative approaches, this study analyzes how positive legal norms are applied in practice and how arrangements in other countries can be referenced. The results of the study show that multi-interpreted articles have the potential to cause excessive criminalization and a chilling effect on freedom of expression. Therefore, this article emphasizes the need to shift from a multi-interpretive and punitive model to a governance based on rights, proportionality, and transparency, so that the protection of freedom of opinion can run in balance with the protection of the rights of other citizens in the digital era.
Komunikasi Krisis Pemerintah di Media Sosial dan Pengaruhnya terhadap Kepercayaan Publik
The advancement of social media has brought significant changes to government communication in delivering information to the public, particularly during crisis situations. In addition to serving as a channel for information dissemination, social media functions as a platform that enables the formation of public opinion and perceptions of the government. This study aims to analyze government crisis communication on social media and its influence on public trust. The research employed a descriptive qualitative approach, involving members of the general public and active social media users in Jakarta selected through purposive sampling. Data were collected through in-depth interviews, social media observations, and digital documentation. Data validity was ensured through source and method triangulation, while data analysis was conducted using the Miles and Huberman model, which includes data reduction, data display, and conclusion drawing. The findings reveal that information transparency, response speed, message consistency, and government interaction with the public on social media significantly influence the development of public trust. Government communication that is responsive, transparent, and empathetic tends to enhance public trust, whereas slow and inconsistent communication fosters public distrust and increases the spread of negative opinions on social media. The study further demonstrates that social media functions not only as a government communication tool but also as a medium for shaping public perceptions and strengthening the government's public legitimacy.
Implikasi Yuridis Penerapan Perkara Koneksitas dalam Tindak Pidana Korupsi berdasarkan Undang-Undang KPK
This study aims to examine the legal implications of implementing the concept of connected criminal cases (koneksitas) in corruption offenses as regulated under Article 42 of Law Number 30 of 2002 concerning the Corruption Eradication Commission, as amended by Law Number 19 of 2019, in relation to the Constitutional Court Decision Number 87/PUU-XXI/2023. Connected criminal cases involve offenders subject to both general and military jurisdictions, creating legal issues regarding the determination of the competent judicial institution to examine and adjudicate such cases. This research employs a normative legal research method using statutory and conceptual approaches. The legal materials consist of primary legal sources, including legislation and court decisions, as well as secondary legal sources, such as books, journals, and other relevant legal literature. The findings indicate that Article 42 of the KPK Law grants the Corruption Eradication Commission (KPK) the authority to handle connected criminal cases, provided that the law enforcement process is initiated by the KPK, as reaffirmed by Constitutional Court Decision Number 87/PUU-XXI/2023. Nevertheless, overlapping authority between the KPK and military courts continues to create jurisdictional conflicts in practice. Furthermore, connected criminal cases are more frequently resolved through case splitting (splitsing) rather than joint investigation teams, potentially leading to inconsistent judicial decisions. The study concludes that the implementation of connected criminal cases in corruption offenses still faces legal challenges due to regulatory disharmony and weak institutional coordination, highlighting the need for clear technical guidelines to ensure legal certainty and effective corruption eradication
Implementasi Perlindungan Hukum terhadap Pencipta Sinematografi atas Pemanfaatan Karya melalui Platform Streaming Digital
This study aims to analyze the forms of legal protection and the legal position of cinematographic creators regarding the utilization of their works through digital streaming platforms. This research employs a normative juridical method using statutory and comparative approaches, supported by field data as complementary material. The results indicate that legal protection for cinematographic creators in Indonesia has been normatively regulated under Law Number 28 of 2014 on Copyright, which covers both moral and economic rights. However, in practice, there remains a legal gap, particularly in addressing copyright infringement on digital platforms such as piracy, illegal distribution, and weak law enforcement. The position of cinematographic creators tends to be weaker compared to digital platforms that possess greater economic and technological power. Compared to countries such as the United States, Japan, and South Korea, Indonesia still faces limitations in implementing effective protection mechanisms, both in terms of regulation and technology. Therefore, strengthening an adaptive legal system is necessary, including improved law enforcement, technological utilization, and policies that ensure justice and optimal protection for cinematographic creators in the digital era.
Korporatisasi Pelayanan Publik Sektor Pertanian: Analisa Inovasi PANDORA di Kabupaten Kebumen dalam Perspektif New Public Management
The transformation of public service governance in the agricultural sector is faced with demands for efficiency, results accountability, and managerial agility to dismantle rigid, traditional bureaucratic chains. The Regency Government of Kebumen addresses this challenge through an innovation called "The Role of Managers in Agricultural Corporations (PANDORA)," which boldly adopts private-sector techniques into public institutions. This scholarly article aims to analyze this agricultural service corporatization model through the lens of New Public Management (NPM) and New Public Financial Management (NPFM) theories, while integrating public value critiques based on New Public Governance (NPG) and New Public Service (NPS). Using a qualitative literature review, this study confronts empirical innovation data with global theoretical consensuses. The analysis shows that the PANDORA innovation successfully cuts bureaucratic inefficiencies through contractualization and output orientation. This model has consolidated 83 hectares of land across 8 sub-districts and boosted agricultural productivity to 8.9 tons per hectare via regional state-owned enterprise (BUMD) synergies and PATS technology. However, literature notes inherent risks, such as threats to public information governance, data leakage risks in third-party partnerships, and limited local digital literacy. Local thought emphasizes that corporatization must not replace fundamental state responsibilities but should serve as an enabling environment. This article recommends a hybrid governance model that secures corporate efficiency with public value audit mechanisms and multistakeholder oversight to guarantee inclusive economic sustainability for smallholders.
Formulasi Pengaturan Permintaan Fotokopi Minuta Akta dan Pemanggilan Notaris sebagai Saksi dalam Penegakan Hukum Pidana
This study examines the legality of a District Court Chief Judge’s authorization for the seizure of a notarial deed minute without the approval of the Notary Honorary Council (MKN) and proposes a regulatory framework to balance the protection of the notarial office with the effectiveness of criminal law enforcement. The issue arises from the practice of law enforcement authorities relying on the Criminal Procedure Code (KUHAP) to obtain access to deed minutes without complying with the MKN approval mechanism required under the Law on the Office of Notary, resulting in legal uncertainty and institutional disharmony. This normative legal research employs statutory and conceptual approaches. Data were collected through a literature review, legal document analysis, and interviews with the Regional MKN of East Kalimantan and the Riau Islands, and were analyzed qualitatively. The findings indicate that Article 66 of the UUJN constitutes a lex specialis provision that prevails over the general provisions of the KUHAP regarding access to deed minutes and the summoning of notaries. Consequently, seizure authorizations issued without MKN approval may result in procedural defects. The study recommends harmonizing regulations through amendments to the UUJN, strengthening the authority of the Central MKN, and issuing a Supreme Court Regulation (PERMA) to guide judicial implementation.
Penerapan Restorative Justice dalam Penyelesaian Tindak Pidana di Bidang Perpajakan oleh Wajib Pajak di KPP Pratama Lubuk Pakam
Taxpayers who fail to submit tax returns or fulfill their tax obligations may commit unlawful acts categorized as tax offenses under Indonesian tax criminal law. In practice, the settlement of tax crimes at the Lubuk Pakam Primary Tax Office (KPP Pratama Lubuk Pakam) may be pursued through restorative justice or litigation, creating differences in legal treatment that potentially affect legal certainty and the sense of justice for taxpayers. This study aims to analyze the implementation of restorative justice in resolving tax crimes, compare it with litigation mechanisms, and examine its legal implications for taxpayers. The research employs a normative juridical method supported by empirical data through the analysis of statutory regulations and their implementation in practice. The findings indicate that the application of restorative justice is carried out in accordance with Article 8 paragraph (3) and Article 44B paragraph (1) of Law Number 6 of 1983 concerning General Provisions and Tax Procedures, as amended, by allowing the disclosure of inaccurate tax reporting and the termination of investigations after taxpayers fully recover state revenue losses. Conversely, litigation is applied when taxpayers fail to compensate for state losses by paying outstanding tax liabilities and administrative fines. The implementation of restorative justice provides several advantages, including the recovery of state revenue, avoidance of imprisonment, preservation of taxpayers’ business continuity and reputation, reduction of litigation costs, and encouragement of voluntary tax compliance. Therefore, restorative justice represents an effective legal approach that balances law enforcement objectives with the optimization of state revenue recovery.
Efektivitas Sistem Pelayanan Daring dalam Administrasi Pencatatan Sipil di Indonesia: Tata Kelola Pemerintahan Digital, Kesenjangan Digital, dan Perlindungan Data Pribadi
The digitalisation of population administration is a central instrument of public-sector reform aimed at improving the effectiveness, accuracy, and accessibility of civil-registration services in Indonesia. Online service systems managed by the Directorate General of Population and Civil Registration (Dukcapil) promise faster processing, lower bureaucratic cost, more reliable identity data, and inter-agency interoperability that supports evidence-based policy. Yet implementation remains uneven. Drawing on e-government theory, this article frames the problem not merely as a technical roll-out but as a question of digital governance involving the state, frontline bureaucracy, technology infrastructure, and citizens of unequal digital capability. Using a normative juridical method with statutory and conceptual approaches, supported by comparative reference to international digital-government practice, the study analyses how Law No. 24 of 2013 on Population Administration and Law No. 27 of 2022 on Personal Data Protection operate in practice. The analysis finds that the gains of online civil registration are constrained by a persistent design–reality gap: infrastructural and interoperability deficits, a multilevel digital divide, low institutional capacity and change resistance, regulatory lag toward fully paperless processes, and incomplete safeguards for personal data. The article argues for shifting from an efficiency-only narrative toward a public-value and rights-based model, integrating infrastructure equalisation, digital-literacy support, accountable data governance, and citizen-centred service design so that digital civil registration becomes effective, secure, inclusive, and equitable
Upaya Hukum dalam Penyelesaian Sengketa Penjaminan Hak atas Tanah Berdasarkan Perjanjian Lisan
This study aims to examine the legal status, evidentiary strength, and effectiveness of litigation in resolving disputes arising from oral agreements concerning the use of land rights as collateral within the Indonesian legal system. The research is motivated by the inconsistency between the Indonesian Civil Code, which recognizes the validity of oral agreements based on the principle of consensualism, and Law Number 4 of 1996 on Mortgage Rights, which requires specific formal procedures for establishing land rights as debt security. This study employs a normative legal research method using statutory, conceptual, and case approaches. The analysis is based on primary, secondary, and tertiary legal materials examined through qualitative methods. The findings reveal that oral agreements concerning land rights as collateral are legally valid and binding under civil law, provided they satisfy the legal requirements stipulated in Article 1320 of the Indonesian Civil Code. Nevertheless, such agreements only create obligatory legal relationships and cannot establish proprietary security rights in the form of Mortgage Rights because they do not fulfill the formal requirements of executing a Deed of Granting Mortgage Rights (APHT) and registering it with the land office. Furthermore, the evidentiary value of oral agreements is relatively weak due to the absence of authentic written evidence, making proof heavily dependent on witness testimony, party admissions, and other evidence presented during litigation. Therefore, harmonizing the relevant legal framework is essential to ensure greater legal certainty, justice, and legal protection for all parties.
Perlindungan Hak Pekerja atas Jaminan Kecelakaan Kerja dihubungkan dengan Undang-Undang 40 Tahun 2004 tentang Sistem Jaminan Sosial Nasional (SJSN)
Worker protection for work accident insurance is a basic labor right guaranteed in Law Number 40 of 2004 concerning the National Social Security System. Every worker has the right to receive protection through the Work Accident Insurance (JKK) program. However, its implementation is still not optimal because there are still companies that have not registered their workers with BPJS Ketenagakerjaan and have not implemented work safety standards optimally. This study uses an empirical juridical method with a legislative approach and field facts through interviews with victims of work accidents at Bekasi Regency Companies. The results of the study indicate that the protection of workers' rights to work accident insurance in Article 3 of Law Number 40 of 2004. protection of workers' rights to work accident insurance has not been effective; companies commit legal violations by not registering workers with BPJS Ketenagakerjaan, ignoring occupational safety and health (K3) standards so that unsafe machines cause serious accidents, and failing to provide assistance and recovery after work accidents.
Kedudukan Hukum Jual Beli Tanah di Bawah Tangan Menurut Ketentuan Hukum Perdata di Indonesia
This study examines the decision of the Purwakarta District Court Number 37/Pdt.G/2023/PN Pwk concerning issues related to land sale transactions without an official deed, which give rise to default (breach of contract) and legal certainty regarding changes in land ownership status. The main issues in this study are how the legality of land sale transactions without an official deed is positioned under civil law and agrarian law perspectives, as well as how the law is applied in the court decision against the Defendant who failed to follow up on the agreement to execute the making of a Sale and Purchase Deed (AJB) before a Land Deed Official (PPAT). This study uses a normative juridical method with a qualitative approach supported by literature review and analysis of court decisions, statutory regulations, and relevant legal literature. Based on the findings, it is known that normatively, land sale and purchase transactions that are not embodied in an official deed may still give rise to civil legal relations if they fulfill the requirements for the validity of an agreement. However, the transfer of land rights must still be carried out through a deed made by a PPAT and registered at the Land Office in order to obtain strong legal certainty. In this case, the panel of judges recognized the validity of the sale and purchase agreement under the law and found that the Defendant had committed a breach of contract as a legal consequence of failing to perform the obligations under the agreement, particularly in attending the process of making the sale and purchase deed. However, the judge partially rejected the claim for compensation due to insufficient supporting evidence. This decision shows that legal protection for good-faith buyers is still provided through the court system, but formal procedures for transferring land rights must still be fulfilled in order to prevent similar disputes from recurring.
Penggantian Kewajiban Ekologis Sebagai Kompensasi Finansial dalam Izin Pinjam Pakai Kawasan Hutan untuk Pertambangan Berdasarkan Prinsip Restitutio in Integrum
The use of forest areas for mining activities was initially carried out through the Forest Area Borrow-to-Use Permit (IPPKH) mechanism, which required companies to undertake environmental restoration through forest area exchanges. However, following the enactment of Law Number 6 of 2023 and Government Regulation Number 23 of 2021, this mechanism changed to the Forest Area Use Agreement (PPKH) with compensation in the form of Non-Tax State Revenue (PNBP) payments. This change indicates a shift from ecological compensation to financial compensation. This study aims to analyze changes in compensation regulations for forest area use for mining based on the principle of Restitutio in Integrum and their implications for business actors' responsibilities. The research method used is normative legal research with a statutory and conceptual approach, and interviews as supporting data. The results show that the IPPKH mechanism still reflects real restoration efforts through the obligation to exchange forest areas. Conversely, under the PPKH mechanism, this obligation is replaced by the payment of PNBP, shifting the company's responsibility from an obligation to restore to an obligation to pay. This shift means that the principle of Restitutio in Integrum is no longer optimally fulfilled because financial payments cannot directly restore the ecological function of forest areas damaged by mining. This study concludes that the compensation mechanism in the PPKH emphasizes administrative aspects and state revenue over actual environmental restoration.
Peranan Digitalisasi Kwitansi sebagai Upaya Transparansi dan Pencegahan Sengketa Tanah dalam Transaksi Jual Beli Tanah
In Indonesian society, land has strategic importance from an economic, social, and legal perspective. Receipts are often used as proof of payment in land transactions, but because they are not original evidence and are vulnerable to loss, damage, or forgery, their validity is low. As seen in court practice, this situation often leads to disputes. The purpose of this study is to examine how digitalization of receipts can increase transaction transparency and help avoid ownership conflicts. Secondary legal materials in the form of literature and scientific publications are used to support the normative juridical research methodology, which includes a legal regulatory approach and case analysis. The gap between ideal legal provisions and community transaction practices, which are mostly still carried out informally, is examined in this study. The results show that digitalization of receipts can increase transparency through a secure, standardized, and verifiable electronic recording system. Features such as unique identities, time recording, and electronic signatures strengthen evidentiary value and facilitate transaction tracing. In addition, digitalization plays a preventive role by minimizing manipulation and loss of documents, and as a repressive measure by strengthening evidence in dispute resolution. In conclusion, digitalizing receipts is a strategic solution to increase legal certainty, transparency, and legal protection in land purchase transactions, while simultaneously preventing future land disputes.
Kedudukan Hukum Perjanjian Kerja Bersama (PKB) dalam Perlindungan Jaminan Sosial Pekerja Berdasarkan Instrumen Ilo No. 102
This study examines the legal position of Collective Labour Agreements in protecting workers' social and economic benefits, with a specific focus on the preventive function of collective agreement clauses after the Supreme Court Decision Number 216 K/Pdt.Sus-PHI/2026. The legal issue does not merely concern the formal recognition of workers' social security rights, but the weakness of collective agreement clauses that fail to ensure registration, contribution transparency, benefit-claim assistance, access to information, and procedural safeguards before disputes reach litigation. This research applies a normative juridical method with statutory, conceptual, and case approaches. ILO Convention No. 102 concerning Social Security Minimum Standards is used as the main evaluative framework, while ILO Convention No. 98 is positioned as a supporting context for collective bargaining. The study argues that Collective Labour Agreements have a strong legal position as binding collective and contractual instruments, yet their protective function remains limited when clauses merely repeat statutory BPJS obligations without operational mechanisms. The Supreme Court decision demonstrates that workers' claims for work-related social and economic benefits may fail not because the underlying entitlement is necessarily irrelevant, but because procedural limitations prevent substantive examination. Therefore, collective agreements should be reconstructed as preventive, corrective, and contractual instruments that secure workers' social and economic benefits at the enterprise level.
Kewenangan Pemerintah Desa dalam Menetapkan Peraturan Kepala Desa sebagai Instrumen Hukum Administratif dalam Kerangka Otonomi Desa Berdasarkan Teori Atribusi Delegasi dan Kepastian Hukum
The village is the lowest level of government with the authority to manage local community affairs and implement national policies in accordance with Law No. 3 of 2024 on Villages. In practice, the government adheres to the principle of decentralization, whereby each region has broad autonomy to manage its own affairs through the enactment of village regulations. The issues examined include the legal status of Village Head Regulations within the hierarchy of legislation, coordination mechanisms between the Village Government and the Village Consultative Body during Village Assemblies, and the implementation of beneficiary criteria in ensuring legal certainty and social justice. This study employs a normative legal method with a descriptive-analytical approach through a literature review of primary, secondary, and tertiary legal sources. The theoretical frameworks utilized include the Theory of Attribution and Delegation, Hans Kelsen’s Theory of the Function of Power, and Gustav Radbruch’s Theory of Legal Certainty. The research findings indicate that Village Head Regulations possess legal validity under Article 8 of Law No. 12 of 2011, with their authority derived from Law No. 3 of 2024. The mechanism for their formulation involves a Village Assembly that includes the Village Consultative Body and community representatives; however, there remains a risk that this process could devolve into a mere procedural formality. The implementation of beneficiary criteria has sought to achieve distributive justice through tiered verification, but lacks measurable parameters, potentially leading to subjectivity. This study recommends strengthening substantive parameters, optimizing oversight functions, and improving the quality of community participation.
Kajian Yuridis Bisnis Digital: Tanggung Jawab Marketplace terhadap Peredaran dan Penjualan Produk Palsu di Indonesia
The growth of digital marketplaces in Indonesia has facilitated e-commerce activities; however, it has also given rise to various legal issues, particularly regarding the circulation of counterfeit products, which harm consumers and trademark owners. The sale of counterfeit products via marketplaces highlights the continued weakness of oversight over digital trading activities and the lack of adequate legal protection for consumers in electronic transactions. Consumers are in a vulnerable position due to the limitations in verifying the authenticity of goods directly before making a purchase. In addition to causing economic harm to consumers, the circulation of counterfeit products also results in intellectual property rights infringements and erodes public trust in Indonesia’s digital trading system. This study aims to analyse the form of legal liability of marketplaces regarding the sale of counterfeit products, as well as legal protection for consumers in digital marketplaces in Indonesia. The research method used is a normative legal study employing a statutory approach and a literature review The research findings indicate that marketplaces bear legal responsibility not only as digital platform providers, but also as operators of electronic systems who are obliged to establish a trading system that is secure, reliable and accountable in terms of consumer protection and the prevention of the circulation of counterfeit products. Marketplaces are obliged to monitor sellers and the products traded through verification mechanisms, the removal of illegal products, and the imposition of sanctions on offenders.
Kriminalisasi Aktivitas Geng Motor dalam KUHP Baru: Antara Ketertiban Umum dan Pemidanaan Rehabilitatif
Motorcycle gang activities are a form of street crime that often causes disturbances to public order through acts of violence, intimidation, demolition, and destruction of public facilities. The presence of Law Number 1 of 2023 concerning the Criminal Code brings a change in the criminal paradigm that emphasizes corrective, rehabilitative, and restorative aspects. However, the New Criminal Code does not explicitly regulate motorcycle gangs as a special criminal offense, thus raising questions about the basis of criminalization and criminal liability. This study aims to analyze the qualifications of motorcycle gang activities as criminal acts that disturb public order, forms of criminal responsibility against leaders and group members based on the theory of participation, and the regulation of criminal sanctions in the perspective of modern criminality. This study uses normative juridical methods with legislative, conceptual, and analytical approaches. The results of the study show that the criminalization of motorcycle gang activities in the New Criminal Code is still based on concrete acts that meet the elements of delicacy, not on the identity of the group. In addition, the theory of participation allows criminal liability to be imposed not only on the direct perpetrator, but also on the party who moves, commands, or participates in criminal acts. In the criminal aspect, the New Criminal Code provides space for the application of proportionate sanctions through a combination of criminal and rehabilitative actions to support the protection of public order as well as the purpose of fostering perpetrators. Thus, law enforcement against motorcycle gangs must be carried out carefully to remain in line with the principles of legality and the orientation of modern criminality.