PALAR (Pakuan Law review)

Protection of Shareholders Through Shareholders Agreement (Study: Comparison of Indonesian and Canadian Laws)

2026-02-06T12:11:33+00:00

Protection for shareholders is essential in corporate practice to provide legal certainty for shareholders. This study aims to analyze the effectiveness of shareholders agreements as an important instrument for overcoming the limitations of articles of association in order to increase legal certainty for shareholders, as well as to analyze legal comparisons between Indonesia and Canada regarding the regulation of shareholders agreements in order to increase legal certainty for shareholders. The research method used is normative juridical, with a legislative approach and a comparative law approach. The results of the study show that in Indonesia, shareholders agreements are recognized as civil agreements that are binding on the parties as long as they do not conflict with the UUPT and the articles of association. However, in Indonesia, this is not explicitly regulated in the law. In contrast, in Canada, shareholders agreements have obtained special provisions through the Unanimous Shareholders Agreement (USA), which can explicitly limit or take over some of the authority of the board of directors. In Canada, shareholders agreements can be an alternative for dispute resolution. This study recommends harmonizing shareholders agreements with the articles of association and explicit provisions regarding shareholders agreements.

Keywords: Shareholder Protection, Shareholders Agreement, Indonesian Law, Canadian Law.

The Urgency Of Applying The Principle Of "Debt Forgiveness" For Individual Debtors Of Msme Owners In The Bankruptcy Process

2026-02-06T12:20:24+00:00

Individual debtors, especially MSME owners, are often trapped in bankruptcy situations that cannot be resolved due to insufficient assets to pay outstanding debts to creditors. Substantially, this debt burden persistently shackles individual debtors. Damage to their financial reputation, coupled with the possibility of future lawsuits, significantly limits their ability to regain a decent economic life after the bankruptcy process is completed. The purpose of this study is to analyze the urgency of applying the principle of “debt forgiveness” that can provide justice for debtors and creditors in the bankruptcy process, especially for individual debtors who own MSMEs. The research method used is normative juridical with a case approach and a regulatory approach using secondary data sources. The results of the study indicate that in order to achieve a balance between debtors and creditors, needs to be a mechanism for applying the principle of “debt forgiveness” that provides relief for debtors to be able to write off all or part of their remaining debt, which can be proven by good faith and the limited financial capacity of debtors who have remaining debt from the failure of their MSME. This will provide debtors with the opportunity to rebuild their economic lives without constantly being overshadowed by the demands of past outstanding debts.

Keywords: The Principle of “Debt Forgiveness”, Individual Debtors, MSME Owners, Bankruptcy.

The Principle of Non Discrimination Against the Unilateral Determination of Payment Method Provisions in Non Cash Buying and Selling Transactions

2026-02-06T12:28:14+00:00

This study aims to identify how sales and purchase transactions can justice fairness for consumers to avoid discrimination in payment methods. The research employs a normative juridical method with statutory, case, and conceptual approaches. The legal materials used consist of primary, secondary, and tertiary sources, analyzed qualitatively by interpreting data obtained from both literature studies and interviews to answer questions regarding the application of legal principles and legislation in consumer protection. This study discusses the application of the principle of non-discrimination in the practice of rejecting cash payments by business actors, with a case study at RUDS Coffee, which implements a cashless-only payment system. The results indicate that such a policy potentially violates the provisions of Law Number 7 of 2011 on Currency and Law Number 8 of 1999 on Consumer Protection, as it limits consumers’ rights to use Rupiah in cash as legal tender. The refusal to accept cash payments without a valid reason constitutes a form of discrimination against consumers who lack access to digital financial services. Therefore, strengthening regulations and supervision of the payment system is necessary to ensure legal certainty, fairness, and equal protection for all consumers.

Key Words: Consumer Protection, Cash Payment Refusal, Legal Certainty, Sales and Purchase Transactions.

Legal Status Of Land Rights Due To Natural Disasters In The National Agrarian Legal System

2026-02-06T12:46:01+00:00

Natural disasters are events that not only have an impact on the humanitarian aspect, but also raise agrarian law issues, especially related to the legal status of land rights. Changes in the physical condition of the land due to natural disasters, such as abrasion, landslides, and tsunamis, have the potential to eliminate the object of land rights and create legal uncertainty for rights holders. This article aims to analyze the regulation of the legal status of land rights due to natural disasters in the national agrarian legal system, its juridical implications on the sustainability and abolition of land rights, and the concept of legal protection and certainty for rights holders from the perspective of agrarian justice. The research method used is normative legal research with a legislative and conceptual approach. The results of the study show that the regulation of land destroyed by natural disasters in the national agrarian law is still implicit and does not provide adequate legal certainty. Natural disasters do not necessarily remove land rights, but rather require clear administrative determinations. The State, within the framework of the Right to Control the State, has a constitutional obligation to provide substantive legal protection to disaster victims through compensation, relocation, or the granting of replacement land. Therefore, responsive and fair agrarian law reform is needed to ensure legal certainty and protection of land rights for communities affected by natural disasters.
Keywords: Land Rights, Natural Disasters, Destroyed Land, Legal Certainty, Agrarian Justice.

Synchronization Of Land Administration And Ppat Deeds: A Legal Review Of Efforts To Reduce Overlapping Land Ownership

2026-02-07T05:46:39+00:00

Overlapping land ownership is one of the pressing issues in national land governance, leading to an increase in civil and criminal disputes, as well as the criminalization of land administration officials. One of the root problems lies in the lack of synchronization between land administration managed by the Ministry of ATR/BPN and legal documents prepared by PPAT, particularly authentic deeds related to the sale and transfer of land rights. This article aims to examine the strategic role of PP AT in preventing overlapping land ownership through the integration of systems and functions of land administration. The main focus of the study is directed towards the evaluation of the Strategic Plan (RENSTRA) of the Directorate General of Survey and Land Mapping (SPPR) 2020–2024, which emphasizes the acceleration of land registration, as well as analyzing the direction of formulating the RENSTRA 2025–2029, which begins to include the improvement of data quality as a strategic objective. The approach used is juridical-normative and policy analysis. The study results indicate that the disharmony of regulations and the weak integration of data between notarial documents and land information systems increase the potential for overlap. Therefore, this article recommends strengthening structural collaboration between PP AT and the Land Office, as well as reformulating policies in the RENSTRA Ditjen SPPR 2025–2029 to explicitly accommodate the role of PPAT as part of the preventive legal-based agrarian conflict prevention system.

Keywords: Overlapping land ownership, PPAT, Land administration, RENSTRA Ditjen SPPR, Agrarian Integration Introduction

Effect Inheritance Land Has Not Been Certified Based On Article 96 Of Government Regulation Number 18 Of 2021

2026-02-07T05:54:36+00:00

Abstract

Inherited land without certification often leads to legal disputes due to weak legal certainty and a high potential for conflict. Article 96 of Government Regulation Number 18 of 2021 requires the use of old evidence, such as girik, petok, or letter C, to be registered no later than February 2, 2026. After this deadline, old evidence will only serve as an administrative reference and will no longer carry full evidentiary force. This research employs a normative juridical method supported by empirical data from the Complete Systematic Land Registration (PTSL) program and is analyzed through the theory of justice and progressive law. The findings indicate that failure to register land results in the loss of formal evidentiary strength and limits heirs in conducting legal acts related to land ownership. Nevertheless, legal protection remains available for heirs acting in good faith, whether through litigation or non-litigation mechanisms, supported by the state's affirmative policies. Thus, the implementation of Article 96 of Government Regulation Number 18 of 2021 should be directed at balancing formal legal certainty with substantive justice, ensuring that the community's land rights are fairly and proportionally protected.

Keywords: inherited land, land certificate, Government Regulation Number 18 of 2021, legal certainty, legal protection.

Transforming Terrestrial Defense Doctrines In Response To Cyber And Space Domain Threats

2026-02-16T06:50:03+00:00

In the era of multidomain warfare, conventional land defense doctrines encounter fundamental challenges stemming from the proliferation of cyber and space threats, which obscure traditional operational boundaries and accelerate the dynamics of asymmetric conflicts. The background of this study is rooted in the inadequacy of national military doctrines to counter hybrid attacks, wherein cyber incidents such as breaches of defense networks and satellite interference jeopardize the integrity of land operations, as evidenced by post-2020 escalations in the Indo-Pacific region. This research aims to analyze the transformation of land defense doctrines in order to integrate resilience across cyber and space dimensions, while formulating policy recommendations aligned with the national defense vision, with a particular emphasis on strategic adaptation and multidomain operations (MDO) to bolster national resilience. Methodologically, the study adopts a qualitative approach, employing thematic analysis of policy documents and strategic frameworks. The findings reveal the necessity for a fundamental restructuring of land defense doctrines across three domains: conceptual adaptation to the multidomain warfare paradigm, technological modernization of critical defense infrastructure, and institutional reform of command and control structures. The study's conclusion affirms that successful doctrine transformation demands the implementation of an integrated Multidomain Operations framework, substantial investments in cyber-space capabilities, and strategic partnerships with national and international stakeholders.

Keywords: Doctrine Transformation, Cyber Threats, Outer Space, Multidomain Operations, Indonesian Land Defense.

Fragmentation of Authority in National Cyber Defense A Legal Analysis of Overlapping Inter-Agency Authority and the Urgency of Integrated Command

2026-02-16T07:24:02+00:00

The evolution of cyberspace as the fifth domain of warfare has transformed the national defense landscape, where hybrid threats can now disrupt sovereignty without physical war declarations. Indonesia responds to this challenge through the Total People's Defense and Security System (Sishankamrata) doctrine, yet its implementation is hindered by acute institutional fragmentation. This study aims to analyze the implications of regulatory disharmony on strategic defense effectiveness and formulate an ideal legal construction for national cyber governance. Using normative legal research methods with statutory and conceptual approaches, this study finds that current sectoral regulations create legal antinomy between defense mandates (Military/TNI), law enforcement (Police/Polri), and administrative security (National Cyber and Crypto Agency/BSSN). An asymmetry of authority is identified where BSSN, as the coordinator, is based only on a Presidential Regulation, lacking operational coercive power over institutions established by Law. The absence of legal escalation mechanisms in the "grey zone" leads to decision-making paralysis during crises. This study concludes the need for legal reconstruction through the enactment of a Cyber Security and Defense Law as lex specialis. This law must institutionalize a Unified Command System that establishes a single authority and clear thresholds for transferring operational control from civil to military domains, ensuring a rapid, integrated, and legally certain state response.

Keywords: National Cyber Security Policy, Strategic Defense, Authority Fragmentation, Unified Command, Total Defense System.

Analysis Of Positive Legal Arrangements Against Minority Shareholders Suing The Company's Board Of Directors For Actions That Resulted In The Loss Of The Company's Funds

2026-02-17T05:46:48+00:00

This study analyzes the regulation of minority shareholders’ legal standing to sue company directors and examines the standards of directors’ civil liability for corporate financial losses under Indonesian positive law. The research aims to clarify the scope of legal protection available to minority shareholders and to evaluate how fiduciary principles and the business judgment rule are applied in corporate governance disputes. This research employs a normative juridical method using statutory, analytical, case, and comparative approaches. The primary legal framework is based on Law No. 40 of 2007 on Limited Liability Companies and related governance regulations, supported by doctrinal and jurisprudential analysis. The findings show that Indonesian company law formally recognizes derivative and direct actions as mechanisms for minority shareholder protection, but their effectiveness is limited by procedural barriers, evidentiary burdens, and information asymmetry. Directors’ civil liability is grounded in fiduciary duties, particularly the duty of care and duty of loyalty, while the statutory formulation of the business judgment rule provides conditional protection for good-faith managerial decisions. The study concludes that although the legal framework seeks to balance accountability and managerial discretion, clearer procedural standards and stronger enforcement mechanisms are needed to enhance minority shareholder protection and legal certainty.

Keywords: minority shareholders; directors’ liability; fiduciary duty; business judgment rule; corporate governance.

Legal Certainty Regarding the Regulation of Shipping Lanes as an Effort to Prevent Vessel Accidents

2026-02-17T06:04:16+00:00

As an archipelagic state, Indonesia experiences high-intensity maritime traffic, which requires effective shipping lane management to ensure navigational safety and prevent ship accidents. The expansion of the fleet and increasing route density have elevated the risk of incidents, which in practice is often triggered by non-compliance with safety provisions (including rules for narrow channels) and weak supervision and law enforcement. This study aims to analyze (1) the constraints and challenges of current shipping lane management in Indonesia, and (2) the role of legal regulation in improving maritime safety and enforcing violations of shipping lanes in order to achieve legal certainty. The research employs a normative juridical method using statutory and analytical approaches, through a literature review of primary and secondary legal materials, including the ratified UNCLOS 1982 regime, national maritime/Shipping regulations, and technical provisions on navigational safety. The normative analysis indicates critical issues in the form of potential regulatory overlap and inter-agency coordination gaps, limited surveillance capacity, and suboptimal user compliance; these conditions imply that accident prevention has not been maximized and that legal certainty in maritime traffic governance remains weak. This study recommends regulatory harmonization, strengthening supervisory mechanisms and consistent enforcement of sanctions, as well as improving compliance standards for navigational safety as key prerequisites for sustainable ship-accident prevention.[1]

Keywords: legal certainty; shipping lane management; maritime safety; law enforcement; ship accidents.

[1] 1 For information on numbers for authors, the intention is to distinguish the origin of the institution (affiliation) of the authors, who sometimes collaborate with study programs or other agencies.

Reconstructing International Humanitarian Law for the Use of Autonomous Weapon Systems in Modern Defence: Addressing Meaningful Human Control and the Accountability Gap

2026-02-18T08:41:16+00:00

The rapid deployment of Autonomous Weapon Systems (AWS) is reshaping contemporary defence strategies and testing the adequacy of existing International Humanitarian Law (IHL). This research offers a normative legal analysis of the relationship between autonomous lethal decision-making and core IHL principles, particularly distinction, proportionality, and precautions in attack. Combining doctrinal methods with a systematic bibliometric review of 621 Scopus-indexed publications, the study empirically maps the global debate and identifies structural gaps between advances in military AI and current accountability regimes. The findings reveal a persistent accountability gap when AWS operate unpredictably, undermining individual criminal responsibility and victims’ right to remedy. To address this, the article proposes a reconstruction of IHL centred on robust standards of Meaningful Human Control, algorithmic transparency, and the integration of co-active design as a legal design requirement for AWS. This reconstruction aims to ensure that technological modernisation in warfare does not erode human dignity, but remains anchored in human agency and enforceable legal responsibility.

Keywords: Autonomous Weapon Systems; International Humanitarian Law; Meaningful Human Control; accountability gap; co-active design; war torts.

Digital Transformation in Education A Literature Synthesis on Managerial Roles, Leadership, and Literacy

2026-02-18T09:39:28+00:00

Digital transformation in the secondary education sector in Indonesia faces major challenges related to competency gaps and managerial readiness. This article aims to systematically analyze the role of management support, digital leadership, and digital literacy in shaping an effective digital learning environment. This study uses the Systematic Literature Review (SLR) method with the PRISMA protocol to review reputable literature from 2018 to 2025. The review results show that digital transformation is a strategic orchestration that depends on three main pillars. Management support functions as the provider of structural foundations and policies; digital leadership acts as a strategic compass in changing organizational culture; while digital literacy is a prerequisite for individuals to operate technology critically and innovatively. The synergy of these three elements confirms that the success of a digital learning environment cannot be achieved solely through the provision of physical infrastructure, but rather through the harmonious integration of system support, leadership exemplarity, and user proficiency. These findings have important implications for the development of education policies that focus more on investing in human capacity rather than just hardware. This conclusion is expected to serve as a strategic foundation for secondary school administrators to build a digital ecosystem that is inclusive, sustainable, and responsive to the challenges of the times in order to realize digital sovereignty in education in Indonesia.

Keywords: Digital Transformation, Management Support, Digital Leadership, Digital Literacy, Digital Learning Environment.

A Legal Philosophy Review of the Harmonization of Bekasi City Regional Regulation and Presidential Regulation on Alcoholic Beverages

2026-02-18T15:35:55+00:00

Alcoholic beverages have complex social and economic impacts, so their control is regulated by Presidential Regulation No. 74 of 2013 and Bekasi City Regional Regulation No. 17 of 2024. This research uses a normative juridical approach and philosophy of law to analyze the harmonization of national and local regulations. The results of the study show that the Regional Regulation is substantially in line with the Presidential Regulation, with more specific arrangements according to local needs without contradicting national policies, thus reflecting the implementation of regional autonomy in accordance with the principles of legal hierarchy. The philosophy of law approach provides a normative and reflective framework in the formation of alcohol control regulations at the national and local levels. In the context of Presidential Regulation 74/13 and the Bekasi City Regional Regulation, legal philosophy plays a role in assessing substantive justice, social benefits, and legal certainty, as well as bridging potential regulatory conflicts. With ontological, epistemological, and axiological approaches, philosophy of law helps to understand the moral and social legitimacy of alcohol control policies so that regulations are not only formal but also relevant and contextual.

Keywords: Regulatory Harmonization, Hierarchy of Legislation, Philosophy of Law

Responsibility of Business Actors to Consumers Harmed by the Use of Skincare Products That Have Their Distribution Licenses Revoked (Case Study Hn-Hetty Nugrahati Skincare Products)

2026-02-24T04:52:40+00:00

The circulation of dangerous skincare products whose distribution permits have been revoked, as in the case of HN (Hetty Nugrahati) skincare products, poses a serious threat to public health and demands strict legal accountability from business actors. This study aims to analyze the form of business actors' responsibility towards consumers who experience health losses based on Law Number 17 of 2023 concerning Health, and to examine the role of the Food and Drug Monitoring Agency (BPOM) in supervising cosmetic products that violate technical requirements. The research method used is descriptive juridical with a case study approach. Data analysis was conducted qualitatively descriptive juridical by reviewing relevant primary and secondary legal materials. The results of the study indicate that business actors bear absolute responsibility (strict liability) to provide compensation for health damage suffered by consumers due to the use of products that do not meet safety standards. BPOM plays an important role through pre-market and post-market supervision functions, providing public warnings, and revoking distribution permits to ensure legal certainty. However, coordination in the mechanism for providing consumer compensation is still not optimal. It is recommended that BPOM strengthen the inspection system to prevent administrative negligence and that business actors be more proactive in fulfilling consumers' right to compensation.

Key Words : Strict Liability, Consumer Protection, Skincare, BPOM, Distribution Permit.

Legal Liability Of Ppat Due To Legally Defective Land Sale And Purchase Deed (Study of Supreme Court Decision No. 3507 K/Pdt/2023)

2026-02-24T06:32:28+00:00

Abstract

Land is an important resource for human life, so the transfer of land rights must be Land is an essential resource for human life; therefore, the transfer of land rights must be carried out in accordance with legal provisions to ensure legal certainty and protection. The Land Deed Official (PPAT) has a strategic role in drafting deeds of transfer of land rights, particularly deeds of sale and purchase, which must fulfill the formal and material requirements as stipulated in statutory regulations. This study aims to examine the implementation of the transfer of certified land rights as regulated by law and to analyze the legal responsibility of the PPAT for a land sale and purchase deed declared legally defective based on Supreme Court Decision Number 3507 K/Pdt/2023. The method used in this research is normative juridical, employing statutory, conceptual, and case study approaches. Data were obtained through library research on primary, secondary, and tertiary legal materials and were analyzed qualitatively using legal reasoning. The results of the study indicate that a PPAT bears legal responsibility if negligent in carrying out the pre-deed, deed-making, and post-deed procedures, resulting in the sale and purchase deed losing its legal validity. Such responsibility includes civil liability, administrative liability, and professional ethical responsibility. The Supreme Court decision emphasizes that drafting a deed without the consent of the lawful landowner constitutes an unlawful act and renders the deed null and void by law. Therefore, compliance by the PPAT with legal procedures is a key factor in ensuring legal certainty and the protection of land rights.

Keywords: Transfer of Land Rights, Legal Responsibility, Unlawful Act

The Substance and Relevance of the Concept of Maintenance in the Family: A Thematic- Holistic Combination Study

2026-02-25T04:35:52+00:00

This study discusses the concept of family livelihood with a thematic-holistic approach to explore its substance and relevance in the context of contemporary life. Livelihood is an important obligation in the family institution regulated in the Qur'an, Hadith, and reinforced by the views of scholars and legal systems in various Muslim countries. Thematic studies explore verses and hadiths related to livelihood to formulate a complete understanding, while the holistic approach emphasizes the importance of considering universal Islamic values in the practice of providing livelihood. The results of the study show that the concept of livelihood is not only material, but also a moral responsibility that aims for the sustainability of household life and its fulfillment is interpreted flexibly based on the agreement of husband and wife and is very relevant in answering the dynamics of modern families. Amidst changes in social structures and gender roles, the principles of justice, responsibility, and equality remain at the core of Islamic teachings on livelihood. This study emphasizes the importance of reinterpreting basic Islamic values to maintain family harmony in the modern era.

Keywords: Livelihood, concept, thematic-holistic, relevance.

Juridical Analysis of Default Lawsuits in the Implementation of Peace Agreement Letters Due to Alleged Medical Negligence (Case Study of Decision Number 232/pdt. G/2025 PN Medan)

2026-02-25T05:35:38+00:00

This research is motivated by a medical dispute due to alleged negligence (malpractice) that has been settled out of court, but the hospital did not implement the contents of the agreement, thus creating legal uncertainty for the patient. The research problem is focused on the validity of the medical dispute settlement agreement and the judge's legal considerations in deciding the default case in Decision Number 232/Pdt.G/2025/PN Medan, with the aim of analyzing the legal status of the settlement deed and legal protection for the injured party. The research method used is normative legal research with a case and statutory approach. The results of the study indicate that the settlement agreement between the patient and the hospital is valid and binding based on Articles 1320 and 1338 of the Civil Code, which changes the legal relationship into a purely contractual relationship. In his decision, the judge stated that the Defendant was in default because he violated the obligation to pay compensation and medical costs that had been agreed upon, so he was sentenced to pay material compensation of Rp266,000,000. It is recommended for the parties that each peace agreement be confirmed through a court decision (Van Dading) or a notarial deed to guarantee stronger executorial powers, and for the hospital to be highly committed to implementing the agreement in order to protect the patient's rights and the institution's reputation.

Key Word : Wanprestasi, Peace Agreement, Medical Dispute, Judge's Consideration

Analysis of Elements of Abuse of Authority in Corruption Crimes by the Head of the PUPR Office (Study of Decision Number 18/Pid.Sus-TPK/2025/PN.Tjk)

2026-03-03T06:03:48+00:00

This study aims to analyze the application of the element of abuse of authority in criminal acts of corruption based on Article 3 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, with a focus on Decision Number 18/Pid.Sus-TPK/2025/PN Tjk against the Defendant Ir. Jalaludin MP as Head of the Public Works and Public Housing Agency of West Pesisir Regency. The issues examined include the application of the element of abuse of authority in Article 3 of the Anti-Corruption Law, the fulfillment of this element in the Defendant's actions, and the basis for the judge's consideration in handing down the verdict in relation to the principle of substantive justice. This study uses a normative juridical method with a case approach and a statute approach, analyzing secondary data in the form of court decisions, laws and regulations, and legal literature through qualitative analysis techniques. The results of the study show that the Panel of Judges proved that the Defendant abused his authority as a Budget User by approving the disbursement of project funds that did not comply with the contract specifications, resulting in state losses of IDR 1,887,218,440.32. The judges' considerations used a formalistic approach by proving all elements of Article 3 cumulatively, but did not sufficiently explore the dimension of abuse of authority from the perspective of state administrative law. This verdict confirms that public office creates legal obligations which, if violated for personal gain, constitute an abuse of authority that is detrimental to state finances.

Keywords: Abuse of Authority, Corruption Offenses, State Financial Losses

Application of Electronic Copyright Management System (ECMS) in Optimizing Digital Copyright Protection on Over-The-Top (OTT) Services in Indonesia

2026-03-05T02:17:16+00:00

Abstract

Digital copyright protection in Indonesia still faces major challenges amid the rapid development of increasingly popular Over-The-Top (OTT) services. OTT services facilitate the widespread distribution of creative works, but also increase the potential for digital copyright infringement, such as piracy and unauthorized copying. To overcome this problem, the use of adequate copyright protection technology is needed as an effort to optimize digital copyright protection on OTT services. This study aims to analyze the application of the Electronic Copyright Management System (ECMS) as an effective solution in protecting digital copyright on OTT services in Indonesia. Using normative and comparative legal research methods, this study analyzes the applicable regulations related to digital copyright in Indonesia and compares them with regulations in the United States. The results show that although Indonesia already has regulations on copyright, the existing regulations still do not adequately accommodate the protection of digital copyright and the implementation of security technology. Meanwhile, the United States, through the Digital Millennium Copyright Act (DMCA), has implemented ECMS as a digital copyright security technology. This study proposes the implementation of ECMS in Indonesia to optimize the protection of digital copyright, both preventively and repressively, and provides recommendations for more comprehensive regulatory updates.

Keywords: Digital Copyright, Over The Top, ECMS, Copyright Protection, Copyright Infringement

Juridical Review of the Criminalization of Perpetrators of Sexual Violence Against Children (Study of Decision Number: 815/Pid.Sus/2025/PN.Tjk)

2026-03-05T03:05:24+00:00

Abstract

Sexual violence against children constitutes a serious crime that causes long-term physical, psychological, and social harm and requires optimal legal protection through the criminal justice system. This study aims to analyze the application of criminal law and the judge’s considerations in sentencing perpetrators of sexual violence against children based on Decision of the Tanjung Karang District Court Number 815/Pid.Sus/2025/PN.TJK. The research employs normative juridical and empirical juridical approaches by examining relevant laws and regulations as well as analyzing court decisions. The results indicate that the judges appropriately applied the elements of the criminal offense and considered child protection aspects, evidentiary factors, the condition of the perpetrator, and the impact on the victim. The sentencing imposed in the decision fulfills the principles of legal certainty, justice, and expediency. Nevertheless, strengthening regulations and enhancing the capacity of law enforcement officers remain necessary to ensure comprehensive handling of cases of sexual violence against children and to prioritize victim protection.

Keywords: punishment, sexual violence, children, child protection, judicial considerations

Integrating Mental And Psychosocial Readiness Into Military Human Resource Policy For Conflict Zone Deployment In Indonesia

2026-03-06T03:34:04+00:00

This study examines the strategic role of mental and psychosocial readiness as an integral component of military human resource management within conflict environments, with a particular focus on its legal and policy implications for the Indonesian National Armed Forces (TNI). Employing a Systematic Literature Review (SLR) of 30 peer-reviewed and institutional sources published between 2019 and 2025, this study synthesizes empirical evidence and normative frameworks across five core domains: mental readiness, psychosocial support systems, deployment stress in conflict zones, post-traumatic stress disorder (PTSD) risk, and military mental health governance. The findings demonstrate that soldiers with higher levels of mental preparedness and structured psychosocial support exhibit superior operational performance, ethical decision-making, adaptability, and emotional stability under prolonged stress exposure. Conversely, inadequate mental and psychosocial readiness significantly increases vulnerability to psychological distress, PTSD, operational errors, and long-term institutional burden. From a policy perspective, the study identifies a critical gap between scientific evidence and the existing regulatory framework governing military human resource management in Indonesia, where mental readiness has not yet been explicitly institutionalized as a formal indicator of operational readiness.This article argues that mental and psychosocial readiness must be repositioned from an individual health concern to a legally component of defense governance.

Keywords : Conflict Zone, Defense Policy, Mental Readiness, Psychosocial

Reform of Human Trafficking Victim Protection Policy in Indonesia: A Human Rights and Restorative Justice Perspective

2026-02-13T05:16:47+00:00

Purpose of this paper is to examine the legal framework of victim protection in human trafficking cases in Indonesia, which currently faces significant challenges regarding the fulfillment of victims' rights to restitution. Despite the existence of Law No. 21 of 2007, victims often encounter systemic barriers in obtaining recovery, leading to secondary victimization. Methods used in this study follow a normative legal research approach with statutory, conceptual, and case perspectives, specifically analyzing Supreme Court Decision No. 2355 K/Pid.Sus/2022. Research results indicate that the current restitution mechanism is merely decorative and highly dependent on the perpetrator's financial capacity, which is often non existent or hidden. The study finds a significant legal gap where the state lacks a mandatory safety net for victims when perpetrators fail to pay. Analysis reveals that the protection policy is still heavily "offender-oriented" rather than "victim-centered." The lack of synchronization between human trafficking laws and witness/victim protection regulations creates procedural fragmentation that hinders the restorative justice process. To address these issues, this paper argues for a legal reformulation that positions the state as the ultimate guarantor of victim recovery. Recommendationsinclude the urgent revision of the Human Trafficking Law to institutionalize a "Victim Recovery Fund" and the implementation of an Integrated Standard Operating Procedure (SOP) to ensure that legal, psychological, and financial recovery are handled simultaneously through a coordinated inter-agency system.

Reconstruction of Digital Evidence Models in Cybercrime: An Integrative Analysis of Contemporary Criminology and Digital Forensics

2026-02-13T05:11:35+00:00

The rapid development of information technology has changed the social and economic landscape, while introducing complex challenges in the form of cybercrime, which is often difficult to handle using conventional legal evidence mechanisms. This study aims to develop and test a conceptual model that links perpetrator criminogenic factors, the application of digital forensics, and regulatory or institutional power with the success of digital evidence in cybercrime cases. To address this issue, a quantitative approach with a correlational design was used, with data collected through a purposive sampling survey of 120 law enforcement practitioners and digital forensic experts in Indonesia. The results show that the application of digital forensics (β = 0.45, p < 0.001) and regulatory strength (β = 0.28, p < 0.01) significantly incrRRease the success of digital evidence, while perpetrator criminogenic factors and complex modus operandi have a negative influence (β = –0.22, p < 0.05). Analysis of these findings suggests that the success of digital evidence is highly dependent on the integration of technical-forensic precision with institutional support to counter the increasing complexity of anti-forensic techniques used by criminals. Based on this analysis, it is recommended that law enforcement agencies strengthen the capacity of digital forensic laboratories and harmonize legal regulations to be more adaptive to the dynamic nature of cyber threats and technological advances.

Legal Analysis of Legal Protection for Landowner Farmers Against Investor Domination in Agrarian Policy in Indonesia

2026-02-13T05:00:05+00:00

The issue of legal protection for landowner farmers in their interactions with investors and government bias is a critical topic in economic development and land management in Indonesia. This study aims to analyze existing legal protections for landowner farmers against investors and to evaluate how government bias is reflected in current agrarian policies. This research uses a qualitative approach, drawing on literature and analyzing relevant laws, regulations, and secondary data. The results show that although Indonesia has a legal framework, such as the Basic Agrarian Law (UUPA) No. 5 of 1960, to ensure fair land distribution, its implementation is often ineffective due to economic inequality and limited legal knowledge among farmers. In addition, the findings show that many land agreements involving farmers lack transparency, making them vulnerable to disadvantageous contracts and land conversion. Analysis shows that the imbalance of power between farmers and large-scale investors often leads to injustice, as economic interests often override the protection of agrarian rights. Although programs such as Agrarian Reform exist, they face significant bureaucratic and administrative obstacles that hinder the redistribution of land to those who need it. As a result, the government's role is often seen as favoring industrial interests, such as large plantations, over the welfare of small-scale farmers. Based on these findings, it is recommended that the government strengthen agrarian reform mechanisms by improving data validation and simplifying administrative procedures. In addition, providing legal education and assistance to farmers is essential to raise their legal awareness and prevent them from entering into disadvantageous agreements.

Enforcement of Environmental Criminal Law Based on Ecological Justice: Green Criminology Analysis of Structural Crime in Indonesia

2026-02-24T03:40:51+00:00

This study examines the implementation of environmental criminal law enforcement in Indonesia through the perspectives of green criminology and green victimology, focusing on the ongoing challenges in controlling ecological crimes and protecting environmental victims. The research uses an empirical sociological-legal approach, with a descriptive-analytical framework to analyze court decisions and field information from law enforcement officials and affected communities. The results show that environmental law enforcement in Indonesia still prioritizes administrative mechanisms over criminal sanctions, which are often applied inconsistently and selectively. This analysis reveals that such legal patterns weaken the deterrent effect, especially against corporate actors, and fail to uphold ecological justice because court decisions often ignore the environment as the primary victim and eliminate mandatory restoration. As a result, environmental damage is often treated as a formal violation rather than a serious structural crime. To address this issue, this paper recommends strengthening the use of criminal instruments for significant ecological violations, integrating mandatory environmental restoration into every court ruling, and increasing the participation of affected communities in legal processes to ensure comprehensive ecological restoration and social protection.

The Role of Correctional Institutions in Fulfilling the Rights of Inmates Following the Issuance of Law No. 22 of 2022 Concerning Correctional Institutions (A Study at Class II A Correctional Institution in Pancur Batu)

2026-03-10T03:08:15+00:00

Abstract

This study examines the fulfillment of inmates' rights under Article 9 of Law No. 22 of 2022 on Correctional Systems at Class II A Pancur Batu Correctional Institution, and identifies structural barriers hindering their optimal implementation. Unlike prior studies focusing on single-issue rights, this research comprehensively evaluates all twelve mandated rights. Using an empirical legal approach, data were collected through interviews with five officers, questionnaires to thirty inmates via purposive sampling, and field observations, validated through triangulation. Findings confirm that the institution has substantially fulfilled all twelve rights through an operational health clinic, multi-faith worship facilities, nine vocational programs, and legal aid partnerships. However, four structural barriers persist: severe overcrowding at 52.5% excess capacity, limited infrastructure, a disproportionate staff-to-inmate ratio of 1:8.4, and the absence of a Buddhist religious partner. Cross-sectoral collaboration and national-level policy intervention are essential to fully realize the humane correctional vision of the law.

Key Words: Inmates’ Rights, Correctional Institution, Law No. 22 of 2022, Overcrowding, Rights Fulfillment.

Criminal Liability Of Illegal Firearm Possession Perpetrators Resulting In Death Due To Negligence

2026-03-30T02:42:14+00:00

The illegal possession of firearms by civilians, accompanied by careless use resulting in the death of another person, constitutes a criminal law issue demanding precision in the construction of criminal fault. This study examines the criminal liability of a perpetrator whose negligence caused death alongside illegal firearm possession, while also evaluating the application of law and judicial considerations in the Decision of the Gunung Sugih District Court Number 349/Pid.B/2024/PN.Gns and the Decision of the Tanjung Karang High Court Number 13/PID/2025/PT TJK. The novelty of this research lies in its critical analysis of the criminal fault construction employed by the judges, particularly in determining whether the perpetrator's conduct is more appropriately qualified as gross negligence (culpa lata) or conditional intent (dolus eventualis). This study employs a normative juridical method incorporating a statutory approach, a conceptual approach, and a case approach, with a prescriptive-interpretive analytical technique applied to judicial considerations. The findings reveal that the perpetrator's awareness of the illegal and dangerous nature of the firearm used places his mental attitude beyond mere ordinary negligence, thereby conceptually opening the possibility of dolus eventualis qualification. Furthermore, an inconsistency was identified between the legal facts and the fault qualification assigned by both the prosecutor and the judges, as the perpetrator's risk awareness was not fully internalized within the construction of the charges or the decisions. The divergence in sentencing between the two court levels also reflects a paradigmatic disparity in assessing the purposes of punishment. This study recommends reforming firearm regulations to incorporate a more structured gradation of criminal liability, strengthening an integrated firearm ownership oversight system, and developing prescriptive prosecution and sentencing guidelines for similar cases to enhance consistency in law enforcement and the protection of public safety.

Keywords: criminal liability; negligence; dolus eventualis; illegal firearms.

The Role of Criminal Law in Doxing Cybercrime In Indonesia

2026-02-13T12:42:51+00:00

The rapid development of digital technology has triggered an increase in cybercrime, including doxing, which is the unauthorized disclosure and dissemination of personal data through digital media. In Indonesia, doxing cases have increased significantly in the last five years and target activists, journalists, academics, and individuals who are active in the digital public space. Despite causing serious psychological and social impacts, legal protection for victims is still inadequate because there is no regulation that explicitly regulates doxing in the Information and Electronic Transactions Law (ITE Law) and the Personal Data Protection Law (PDP Law), so that law enforcement practices are weak and inconsistent. This research uses an empirical juridical method with legislative, case, and conceptual approaches, as well as qualitative analysis of legal materials and case reports for 2020–2025. The results of the study show that the effectiveness of law enforcement against doxing is hampered by factors of legal substance, law enforcement officials, facilities and infrastructure, public awareness, and legal culture as stated in Soerjono Soekanto's Theory of Legal Effectiveness. From the perspective of M. Yahya Harahap's Legal Certainty Theory, the norms in the ITE Law still contain ambiguity, while the PDP Law is relatively more progressive but not optimal in its implementation. Therefore, comprehensive regulatory reforms, strengthening digital forensic capacity, institutional coordination, and improving public legal literacy are needed to ensure legal certainty and protection of privacy rights in the ever-evolving digital era.

Keywords: Criminal, Crime, Personal data protection.

Child Protection In Cases Of Physical Violence And Bullying That Occurs To School Children In Batam City

2026-04-01T08:05:40+00:00

Physical violence and bullying are actions carried out by individuals against other parties and have the potential to have various adverse impacts on the victim. This research is focused on assessing the protection of children in cases of physical violence and bullying that occurs in the school environment, as well as examining the effectiveness of policies and protection mechanisms that have been implemented. The impact of such violent practices not only affects the physical condition of children, but also has an impact on psychological aspects, social interactions, and academic achievements. Ideally, schools function as a safe and conducive educational space for children's development, but in reality there are still various cases of violence that have not been handled optimally. Therefore, it is necessary to have a comprehensive identification of the factors that cause violence, as well as the strategic role of schools, parents, and the government in building an effective child protection system that can accurately identify children's needs. This research is expected to contribute ideas in the formulation of prevention and handling efforts to create a safe, comfortable, and free learning environment from violent practices. The type of research carried out empirically, with data collection carried out through interviews with the relevant agencies, namely the Women's Empowerment and Child Protection Office which has authority in child protection.

Keywords: Child Protection, Physical Violence, Bullying, School, Batam City, Children's Rights