bluuebunny/crossref_metadata_2025 huggingface dataset:
Review of Artificial Intelligence In Accounting: Trends, Implementation and Implications
Authors: Mediaty Mediaty , Indrijawati Aini , Pratama Kohar Yansen , Sutriani Sutriani , Salsabila Tsarwah
Published: January 2025

In the context of the industrial revolution 4.0, the use of advanced technologies such as artificial intelligence (AI), data analytics, and automation has fundamentally changed accounting practices. This article aims to explore and analyze recent developments in accounting practices through a systematic review of existing literature. The focus of the study is on how information technology and data analytics affect accounting practices and managerial decision-making. The methodology used is a systematic literature review, which involves collecting and analyzing relevant studies from various academic sources and leading journals with strict inclusion and exclusion criteria. This article shows a significant increase in the adoption of information technology and data analytics among accounting professionals, as well as challenges in its implementation, such as the need for training and adaptation to change. The conclusion of this article recommends the development of a comprehensive training program to help accounting professionals adapt to technological changes. This article is expected to make a significant contribution to the understanding of current dynamics in the accounting field and direct further research in the future.
Enforceability of Arbitration Awards and Jurisdictional Uncertainty: A Study of Kompetenz-Kompetenz and Party Autonomy in PCA Case No. 2015-40
Authors: Marilyn Sharon , P. Soemartono Gatot
Published: January 2025

Ideally, arbitration is an alternative dispute resolution that frequently applies in subjects of international commerce. In fact, it is the determination of an issue without resorting to the court. The very first issue of concern that needs to be established in adjudicating any matter of arbitration is jurisdiction. Without doing so, no question of a substantive issue of a case can be addressed. In this case, several issues regarding jurisdiction came into question in the PCA case No. 2015-40 involving IMFA and The Republic of Indonesia. Thus, while the jurisdictional objections filed by the respondent were unanswered, the tribunal advanced and addressed the merits of the case. It was after filing its reply; therefore, this paper shall research the effect of such jurisdictional ambiguities on the enforceability of an award.The method in this paper is qualitative, based on existing literature, the principles of party autonomy, and kompetenz-kompetenz. The contention is that although technically possible to retain jurisdiction, it is not advisable to overlook such jurisdictional objections simply because the outcome is ambiguous and one sets a bad precedent.
Ratio Legis Policy of Republic of Indonesia State Police Regulation Number 8 of 2021 Based On Restorative Justice In Narcotics Crimes
Authors: Angga Wardana  , Widhiana Suarda I Gede , Azizah Ainul
Published: January 2025

Restorative justice, which is based on POLRI Regulation Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice, was formed to realize efforts to resolve criminal acts by prioritizing aspects of restorative justice. Through this regulation, criminal law enforcement by the police is oriented to re-emphasize the restoration of the original situation as before the crime occurred. The research method used uses a normative juridical research type with a statutory and regulatory approach. This research uses literature study techniques by inventorying suitability based on primary and secondary legal materials to answer the problems in this research. ratio legis implementation of the Republic of Indonesia State Police Regulation Number 8 of 2021 reflects a restorative justice approach in the investigation stage of handling criminal acts. It emphasizes the importance of healing and reconciliation as part of the investigative process, reflecting a paradigm shift in criminal law towards a more holistic and recovery-oriented approach. The dynamics of handling narcotics crimes based on the principles of restorative justice, there are special requirements that must be complied with. Republic of Indonesia State Police Regulation Number 8 of 2021 pays special attention to the condition of individuals involved in narcotics abuse. This consideration involves evaluating the status of drug users, the condition of the victim of drug abuse, the level of drug dependence of the perpetrator, the type of narcotics used, and the amount.
The Effectiveness of Mediation in Inheritance Law Disputes is Linked to Perma No. 1 of 2016 at the Karawang Religious Court
Authors: Dini Nurfalah  , Amaliya Lia , Abas Muhamad
Published: January 2025

Mediation as an alternative dispute resolution mechanism outside of court has long been used in various business, environmental, labor, land, housing, and so on cases that are fast, effective and efficient. Mediation comes from the English "Mediation" or "mediation", namely resolving disputes by mediation. Inheritance issues are also a concern because they relate to social responsibilities entrusted to heirs. The formulation of the problem to be studied in the following research is the authority of the mediator judge at the Karawang Religious Court in resolving inheritance case disputes, how effective the mediator is in handling inheritance cases in Number: 2222/Pdt.G/2022/ PA. Karawang. And what are the obstacles that hinder the mediation process at the Karawang Religious Court? In this research the author uses an empirical juridical approach. The reason the author uses this method is because the main data used is primary data, namely in the form of data obtained based on field studies and supporting data is secondary data, namely in the form of data obtained based on literature studies, statutory regulations, legal principles relating to the problem that the author will discuss. To overcome these obstacles, the Karawang Religious Court can make efforts such as increasing public awareness about the benefits of mediation, increasing the number and quality of mediators, allocating sufficient resources for the mediation process, building trust from the parties concerned.
Law and Human Rights Awareness School Group: A Multi-Dimensional Study to Build a Law-Cultured Society
Authors: Aman Serah Yenny , Rini Setiawati  , Sri Ayu Septinawati  , Resmaya  Agnesia Mutiara Sirait
Published: January 2025

The purpose of this study is to examine the effectiveness of the establishment and development of Law and Human Rights Aware Schools that commit to instilling legal values in their students in improving and building a law-cultured society. Through qualitative research methods and multi-dimensional studies, the results of the research show that the Law and Human Rights Awareness School coaching programme is effective in increasing students' knowledge and understanding of applicable laws and regulations. In addition, the programme also succeeded in shaping students' positive attitudes towards legal compliance and encouraging their active participation in law-related activities. A further implication is that there is a positive impact on the legal awareness of the community as a whole, where students who have participated in the Law and Human Rights Aware Schools programme become agents of change who spread legal values to their surrounding environment. Therefore, it is recommended that the Law and Human Rights Aware Schools programme be expanded and integrated more widely into the education curriculum to build a law-abiding society.
Configuration of Assets of Criminal Offenders Taxation From A Perspective Criminal Procedure Law
Authors: Defry Romandhany  , Sahuri Lasmadi  , Herry Liyus
Published: January 2025

The aim of this research is first, to determine and analyze the confiscation of assets of perpetrators of tax crimes from the perspective of criminal procedural law. Second, to find out and analyze future criminal law policies regarding the regulation of confiscation of assets of perpetrators of tax crimes from the perspective of criminal procedural law. The legal issues discussed in this normative research are: First, what are the legal regulations for confiscating assets of perpetrators of tax crimes? Second, what will be the future criminal law policy regarding the regulation of confiscation of assets of perpetrators of tax crimes from the perspective of criminal procedural law? The research method used is normative juridical with approaches (Statue Approach, (Conceptual Approach), (case approach), and (comparative approach). The legal material in this research was collected through literature studies, laws, government regulations, as well as regulations under law, journals, and legal cases used by this author. As well as other supporting materials. The results of this research show that the Asset Confiscation Bill is an opportunity to recover state losses in Indonesia. With the existence of an asset confiscation mechanism, eradication law enforcement uses two mechanisms, namely penal and non-penal. This is because, confiscation of assets without criminal prosecution does not eliminate the mechanism for criminal prosecution of the perpetrator's crimes in court. The scheme used by developed countries in connection with the confiscation of assets resulting from criminal acts is unexplained wealth. In the context of the Indonesian legal system, there is a need for reform both in terms of juridical, concept and paradigm which must be carried out synergistically and sustainably. Therefore, to enforce unexplained wealth, there must be a comprehensive and accommodating regulatory framework as shown in the Criminal Asset Confiscation Bill.
Legal Review of The Determination of The Estimated Price As A Basis For Calculation of The Cost of Acquisition of Rights To Land and Buildings In The Sale and Purchase of Land and Buildings In Karawang Regency
Authors: Dede Nurhayatie  , Rahmatiar Yuniar , Abas Muhamad
Published: January 2025

The reciprocal relationship established by humans involves engaging in legal transactions, such as buying and selling. According to the provisions of the prevailing laws and regulations in Indonesia, any transfer of rights to land and/or buildings is subject to taxation. Article 87, paragraph (1) of Law Number 28 of 2009 concerning Regional Taxes and Levies (commonly referred to as UU PDRD) stipulates that the basis for calculating the Acquisition Fee for Rights to Land and/or Buildings (BPHTB) is the Tax Object Acquisition Value (NPOP). The issue at hand pertains to how the appraised price is determined as the basis for calculating the acquisition costs of rights to land and buildings in land and building transactions within the Karawang Regency. The legal consequences of setting the appraised price as the basis for calculating these costs are as follows: Uncertainty in Calculation and BPHTB Amount: The lack of clarity in determining the appraised value may lead to uncertainty in calculating the BPHTB amount. Legal Consequences: Incorrectly assessing the appraised value can render the transaction invalid and void. Legal Violations: Failure by taxpayers to use the appropriate basis for assessment constitutes a legal violation. The qualitative research method employed in this study utilizes a Normative Juridical approach. Based on Law Number 28 of 2009, the Acquisition Fee for Rights to Land and Buildings has officially become a local tax. The purpose of transferring this fee is to enhance regional autonomy and support financial management for regional development.
Provision of Compensation for Breach of Contract in Fixed-Term Work Agreements (PKWT), A Case Study of Marvel Studios Exhibition Indonesia
Authors: Salma Mayriska Putri  , Sulastri Sulastri
Published: January 2025

The purpose of this study is as an analysis related to how the Fixed-Tern Work Agreement (PKWT) owned by PT Tiga Karya Makmur (PT TKM) accommodates the rights of Marvel Studios Exhibition Indonesia (MSEI) employees in accordance with applicable labor regulations. In addition, analyzing the implementation of regulations for the fulfillment of compensation for breach of contract committed by PT TKM. The research method uses a type of juridical-empirical research that combines a case approach and a statue approach. Research data was collected through interviews with resource persons / parties, namely MSEI employees. The results showed that PT TKM's PKWT has fulfilled the provisions of applicable labor regulations, including important aspects such as wages, working periods, work schedules, and the rights and obligations of the parties. However, PT TKM breached the breached the contract by failing to pay its employees' wages on time, which violated Article 18 of Government Regulation Number 36 of 2021 concerning Wages. Then, PT TKM did not implement the regulations of Article 95 paragraph (2) of the Manpower Law and Article 61 of Government Regulation No. 36/2021 concerning Wages related to the payment of fines/compensation for late payment of salaries. However, both parties have mediated which resulted in a wage payment agreement. So that PT TKM has the validity to provide compensation in accordance with the amount agreed in the agreement.
Nature of Simple Proof as a Condition for Application for Postponement of Debt Payment Obligations and Bankruptcy Against Developers (developers) of Apartments and / or Flats After Supreme Court Circular Letter Number 3 of 2023
Authors: Andrew Ardiyanto Dachlan  , Ariyanto Hermawan  , Hilmy Syaiful Rachmansyah  , Agus Apria Widodo  , Ivan Ilham Kusuma
Published: January 2025

The issuance of Supreme Court Circular Letter (SEMA) Number 3 of 2023 concerning the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2023 as Guidelines for the Implementation of Duties for the Courts, raises legal problems when correlated with the provisions on the principle of simple proof as a condition for postponement of debt payment obligations and bankruptcy as stipulated in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations Article 8 paragraph (4). This paper uses normative legal research method with statutory approach and conceptual approach. The results of the research show that the SEMA in question is not a product of legislation and has implications that are not binding in general, only applies to the internal environment of the Supreme Court, but the consequences of the circular letter are guidelines for judges to be able to reject bankruptcy applications and postponement of debt payment obligations against developers (developers) of apartments, flats.
Slovakia's Foreign Policy in Stopping Military Aid Shipments to Ukraine
Authors: Oktaviani Diva Rahma , Sudrajat Lira Amalia Sucihati
Published: January 2025

Foreign policy refers to a series of decisions and actions taken by a country to establish relations with other countries. The change in parliamentary positions in Slovakia influenced its foreign policy. Slovakia's internal political turmoil made Slovakia's foreign policy play a significant role in halting military aid deliveries to Ukraine, reflecting the complex geopolitical dynamics in Eastern Europe. This decision is reflected in Slovakia's foreign policy analysis, emphasizing the importance of maintaining diplomatic balance among regional powers. Involving both security and diplomatic aspects, this policy reflects Slovakia's discomfort in getting directly involved in regional conflicts, especially given the detrimental impact it could have on relations with neighboring countries. Abstaining from sending military aid to Ukraine demonstrates Slovakia's efforts to maintain neutrality and avoid confrontation amid tensions between Russia and Ukraine. Despite international pressure to participate in efforts to assist Ukraine, Slovakia'sforeign policy affirms its priority on regional stability and maintaining sustainable diplomatic relations. As such, it reflects a long-view strategy considering long-term regional stability and security implications.
Political Dinamism of Islam In The Modern Age (Political Thinking Analysis of Muhammad Iqbal)
Authors: Maulana Azri Ba’dawi  , Junaidi Junaidi , Jufri Naldo
Published: January 2025

Islam is often preached with rigid stigma and is not flexible. This view is confusing, because throughout its history Islam has expressed a dynamic nature in responding to the development of the times. One example is the political thinking of Muhammad Iqbal. This research aims to investigate the ideas of Muhammad Iqbal about the Islamic state concept of democracy and nationalism to express the dynamic pattern of modern Islamic political thought. The focus of this research is how the pattern of the dynamism of Islamic political thinking in the modern era is described in the works of Muhammad Iqbal, in particular in the book “The Reconstruction of Religious Thought in Islam”. The research uses qualitative methods with content analysis approach to analyze the political thinking of Muhammad iqbal. The results of this study indicate that Muhammad Iqbal made a creative and contextual interpretation of the teachings of Islam to describe political theories appropriate to his time. In conclusion, the political thought of Muhammad Iqbal describes the concept of modern Islamic political dynamism which is contextual, progressive, and inspiring for the resurrection of contemporary Islam.
Zero Cost Policy for Indonesian Migrant Workers in Taiwan Case Study Based Employment Agreement Law Number 18 of 2017
Authors: Taria Hasna Setyawulandari  , Satino Satino
Published: January 2025

Indonesian migrant workers often encounter the issue of placement expenses. To address this issue, the Indonesian government has implemented Law Number 18 of 2017, which aims to protect Indonesian migrant workers. According to Article 30, paragraph (1), Indonesian Migrant Workers are exempt from paying placement fees. The government's primary priority is to safeguard and ensure the rights and duties of migrant workers via the policy of waiving placement fees, often known as zero cost. The employment agreement does not include a specific provision for the zero cost policy, resulting in migrant workers still being required to pay placement fees. This study used a normative juridical research methodology to examine the hierarchical structure of relevant laws, regulations, and legal principles in work agreement.
Implementation of An Integrated Referral System (Sisrute) In Improving Health Service Referrals at Rumah Sakit Umum Pusat (RSUP) H. Adam Malik Medan
Authors: Zulharryansah Mesir Siregar  , Rangkuti Zoraya Alfathin
Published: January 2025

The Integrated Referral System (SISRUTE) is a service using internet-based information technology that can connect patient data from lower service levels to higher or equivalent service levels (horizontal or vertical) with the aim of simplifying and speeding up the patient referral process. Rumah Sakit Umum Pusat (RSUP) H. Adam Malik Medan is one of the hospitals that has implemented SISRUTE, namely in 2021. The method used in this study is a descriptive method with a qualitative approach. The data collection techniques are interviews, observations and documentation. The results showed that the Implementation of the Integrated Referral System (SISRUTE) in Improving Health Referral Services at H. Adam Malik Hospital Medan City is still not optimal seen from the miscommunication that occurs between regional hospitals and hospitals in Medan City. Furthermore, the resource parameters include human resources who run the Integrated Referral System (SISRUTE) at H. Adam Hospital Medan City is still not optimal because there is still a lack of BIMTEK training conducted by the Ministry of Health of the Republic of Indonesia (KEMENKES) and facilities and infrastructure resources are also still limited at H. Adam Malik Hospital Medan City. The disposition in the form of executive commitment can be improved for the better.
Restorative Justice in the Reform of the Indonesian Criminal System (Case Study of Violence Against Children in the Selebar Police Sector Area, Bengkulu City)
Authors: Gustika Maharian Safira
Published: January 2025

Imprisonment in several criminal cases is considered ineffective. This is because there is no guarantee that when the convict is released, he will be better or worse. The classical school is also considered irrelevant to the modern life of today's society. In dealing with criminal acts that can be restored or restored, a paradigm of punishment is known, namely restorative justice , in which the perpetrator is encouraged to compensate for the losses that have been caused to the victim, his family and also the community. The research method used is normative juridical referring to the approach in legal science. The results of this study are efforts to reform criminal law in the application of restorative justice based on police report number LP / B / 71 / VI / 2023 / SPKT / POLSEK SELEBAR / POLRESTA BENGKULU / POLDA BENGKULU in Indonesia still has shortcomings because there is no law that specifically regulates restorative justice . In the National Police Regulation Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice, it only focuses on administrative matters in the police, not on restorative justice itself. The implementation of Restorative Justice in the punishment of perpetrators of criminal acts in Indonesia is very good considering that there is no law that specifically regulates restorative justice itself . In 2022 , the number of cases resolved using the restorative justice system was 15,809 cases . This number increased by 11.8 % compared to the number in 2021 of 14,137 cases.
Employing Poland's Military Depolitization and Professionalism As Security Sector Reform Strategy For Indonesia
Authors: Fathomi Abdillah Safi
Published: January 2025

This article examines the reform of Poland’s security sector and its relevance for Indonesia. The study focuses on the depoliticization and professionalization of the Polish military. Depoliticization aims to remove political party influence from the military and ensure civilian control over strategic and defense decisions. This involves reducing political roles within the military, reforming military education, and establishing an independent legal framework. Professionalization has been achieved by modernizing technology and weaponry, enhancing soldier skills to meet NATO standards, and participating in joint exercises with NATO allies. These efforts have improved the effectiveness and efficiency of the Polish military in maintaining national security and regional stability. Using qualitative methods and Creswell’s comparative study approach, the research highlights how Poland’s experience can guide Indonesia in its military reforms. By integrating depoliticization and professionalization strategies inspired by Huntington and Stephan, the article provides a framework to accelerate and improve military reform in Indonesia.
Juridical Review of The Issuance of Ministerial Regulations Without Any Delegation From The Law (Case Study of the Regulation of the Minister of Home Affairs Number 4 of 2023 on Acting Governor, Acting Regent, and Acting Mayor)
Authors: Raissa Safatiara  , Citraresmi Widoretno Putri
Published: January 2025

Ahead of the syncronous Pilkada that to be run in November 2024, there is still a polemic related to the legal guidelines for the acting of regional heads’s levitation whose term of office ends ahead of the 2024 simultaneous elections. The legal basis for the Minister of Home Affairs Regulation Number 4 of 2023 concerning Acting Regional Heads issued by the Minister of Home Affairs is considered to have many irregularities. This paper will reveal the absence of statutory delegation in the issuance of the Permendagri and the use of legal considerations of the Constitutional Court judges in the Constitutional Court Decision Number 15/PUU-XX/2022 as a consideration in the Permendagri. The research method used in this paper is normative juridical through a statutory approach as a source of existing law. The results of this study conclude that the issuance of Permendagri No. 4 of 2023 is unfounded if only viewed through the presence or absence of delegation of the formation of implementing regulations. If viewed more broadly through the theory of discretion, then this is considered valid, in order to fill the legal vacuum. The legal deliberations of the Constitutional Court judges in MK’s Decision Number 15/PUU-XX/2022 also strengthen the legitimacy of the issuance of Permendagri No. 4 of 2023, this is because the content of the legal considerations is considered to be commensurate with the ruling, even though the ruling was rejected.  Unfortunately, the implementing regulation chosen by the government to regulate the inauguration of acting regional heads is in the form of a Minister of Home Affairs Regulation, not a Government Regulation.
Application of The Principle of Freedom of Contract In The Rusunawa Lease Agreement Between Residents Affected by Eviction of Jakarta (Case Study of Eviction Affected Residents Who Live In Rusunawa Rawa Bebek)
Authors: Marcella Azzahra  , Ridha Wahyuni
Published: January 2025

This study aims to evaluate the implementation of the principle of freedom of contract in lease agreements involving residents displaced by eviction and to outline the legal measures available to these residents to prevent future evictions. The research employs an Empirical Juridical method and an analytical descriptive approach, incorporating a case study approach. The findings reveal that, while the principle of freedom of contract underpins agreements, it is not evident in the case of residents evicted from the Ciliwung river area and relocated to the Rawa Bebek flats. These residents are compelled to use a lease agreement method that does not reflect the principle of freedom of contract, forcing them to accept the terms imposed. From the perspective of the evicted residents, the principle of freedom of contract is absent in the lease agreement process. To address this, residents can pursue non-litigation measures such as mediation and negotiation, as well as litigation through the courts.
Review of Siyasah Dauliyah on the Immigration Document Control System for Indonesian School Students in Kota Kinabalu by the Consulate General of the Republic of Indonesia Kota Kinabalu Sabah Malaysia
Authors: Atqiyatun Nisa Syifa , Asro M. , Fahrul Rizal Lutfi
Published: January 2025

This research aims to conduct an in-depth review of legal supervision of immigration documents of Indonesian School students in Kota Kinabalu by the Consulate General of the Republic of Indonesia in Kota Kinabalu Sabah Malaysia through the perspective of Siyasah Dauliyah. This study uses an empirical legal method by looking at the legal reality that exists in society which includes legal identification of legal effectiveness. The data collected were analyzed descriptively. The results of the study indicate that supervision of immigration documents of Indonesian citizens residing in foreign countries has been regulated in Law Number 6 of 2011 concerning Immigration. This law regulates the implementation and function of immigration both domestically and as representatives abroad. This study also identified several obstacles in the supervision of immigration documents of Indonesian citizens residing in Malaysia. These obstacles include understanding the rights and obligations of living in other countries, lack of awareness of the importance of travel documents or residence permits in other countries, and criminal provisions for not having complete immigration documents. That supervision of immigration documents of Indonesian citizens needs to be improved through comprehensive efforts. There needs to be a better awareness of the importance of immigration documents when outside Indonesia, whether travel documents or residence permit documents in other countries, an understanding of the rights and obligations of migrant citizens, and the criminal acts of not having complete immigration documents.
The Urgency of Female Peacekeepers’ Involvement in Addressing Gender-Based Violence in Palestine
Authors: Az-Zahra Shahnaz Balqish , Harisman Harisman
Published: January 2025

The UN Peace Mission is a tool established by the UN to provide assistance and political support and facilitate peacebuilding for countries that are in conflict or are in transition from conflict to peace. Palestine is one of the regions in the Middle East and North Africa, where in this region there is inequality between men and women that still persists and is supported by patriarchy. Women and girls in Palestine continue to experience various forms of violence due to patriarchal norms and culture that are rooted in their society. This research will discuss the importance of gender equality issues in the international sphere, especially gender violence that occurs in Palestine, besides that this research will discuss the Importance of the Involvement of Women Peacekeepers in Overcoming Gender-Based Violence in Palestine, the discussion in this study includes the Urgency and impact of the Involvement of Women Peacekeepers on Gender-Based Violence in Palestine. Based on the results of the study, it shows that the involvement of female peacekeepers in the prevention of gender-based violence in Palestine can be a stimulus for other countries to participate in helping and reducing the number of gender-based violence, besides seeing that gender-based violence in Palestine is an urgent matter to be resolved, the involvement of Indonesian peacekeepers in the prevention of gender-based violence in Palestine will provide a new fighting direction for Palestine and other countries in conflict.
Legal Protection for Business Actors Regarding Shophouse (Ruko) Order Agreements at Sentraland Residence 2 Linked to Law Number 8 of 1999 Concerning Consumer Protection
Authors: Chicka Aircheny  , Rahmatiar Yuniar , Abas Muhamad
Published: January 2025

Along with the increase in the number of developments nowadays, there are many property sales, in the form of offices and even shophouses which can be used as investments and business ventures for buyers. Shop houses are often used as residences as well as places of business, with a sale and purchase agreement between the consumer and the business actor to provide optimal benefits for the parties if they comply with the obligations in accordance with the agreed agreement. However, consumers do not fulfill their obligations to make shophouse payments. Actions carried out by consumers constitute acts of breach of contract. The identification of this research problem is how legal protection is for business actors regarding the agreement to order the Sentraland Residence 2 shop house and what are the legal consequences for consumers who have bad intentions towards business actors. This research uses normative juridical research methods with a statutory approach and a case approach. The conclusion of this research is that legal protection for business actors can claim their rights if they are harmed by consumers by filing legal action for compensation and legal consequences for consumers who have bad intentions, so consumers make compensation payments to business actors through court decisions in the form of remaining payment obligations, insufficient installments, late fees, and other transaction fees.
The Dilemma of Restorative Justice in the Case of Plantation Land Fires
Authors: Kurnia Dermawan Aji , Mustakim Mustakim
Published: January 2025

The haze disaster due to plantation fires that has long occurred in a number of regions in Indonesia, apart from being exacerbated by extreme drought, there are also deliberate factors both individuals and corporations for land preparation. A vindicative justice approach that punishes the perpetrators with severe penalties has been implemented. Ironically, fires continue to recur almost every year. The Covid-19 pandemic and the adoption of the omnibus law have finally encouraged a new paradigm of law enforcement oriented towards economic recovery by prioritizing restorative justice oriented towards non-penal sanctions. This research is a qualitative doctrinal legal research with a statute and case approach. The results show that the application of restorative justice in the case of plantation land fires is not possible because it is included in an excluded environmental crime. The application of restorative justice in plantation fire cases needs to be done selectively, namely only for negligence that does not cause harm to people and significant environmental damage. In addition, smallholders, traditional farmers, and indigenous peoples are entitled to a fair settlement of land fire cases based on the principles of restorative justice and local wisdom.
Fulfillment of the Constitutional Rights of Persons with Disabilities to Employment Opportunities in the Banking Industry of State-Owned Enterprises
Authors: Anggraini Nastitie Kusuma , Susetyo Heru
Published: January 2025

Employment is one of many important aspect in the area of human rights protection. Indonesia’s citizens have the right to work and a decent livelihood, including people with disabilities. As one of the efforts to enhance opportunities to improve the welfare of persons with disabilities, Indonesian Law Number 8 of 2016 on Persons with Disabilities was formulated, which contains various arrangements regarding the rights of persons with disabilities and the State’s obligations to fulfill those rights. This study aimed to provide an overview of these regulation’s fulfillment, especially that related to equal employment opportunities for persons with disabilities, with a particular focus on the banking industry within SOEs. This study employs a non-doctrinal, descriptive-analytical approach to analyze Law No. 8/2016 on Persons with Disabilities, focusing on Article 53(1) regarding workforce representation in state-owned enterprises. Data is gathered through literature reviews and stakeholder interviews, using qualitative analysis to evaluate legal norms and provide a comprehensive understanding of the legal context. The finding revealed that the state plays a crucial regulatory role in protecting the rights of persons with disabilities, yet the implementation of Article 53(1) of Law No. 8/2016 has been inadequate, resulting in less than 0.5% representation in BUMN banks against the mandated 2%. To improve compliance, both the state and companies must prioritize recruitment and create inclusive opportunities for persons with disabilities.
Application of Pasal 98 Ayat (2) and (3) Jo Pasal 196 Undang-Undang No 36 of 2009 Concerning Health (Analysis of Decision No. 134/Pid.Sus/2023/Pn. Skb)
Authors: Kordelina S Eneng Raima , Juhana Ujuh
Published: January 2025

This study aims to analyze the application of Pasal 98 ayat (2) and (3) jo Pasal 196 Undang-Undang No. 36 of 2009 concerning Health based on Decision No. 134/Pid.Sus/2023/PN. Skb. The phenomenon of the problem raised is the rise of criminal acts in the health sector, especially the circulation of pharmaceutical preparations without a distribution permit, which can endanger public health. This research uses a normative juridical method with a literature study approach and field studies, as well as the opinions of experts related to applicable UUs and regulations. The data collection techniques used are literature study and field study with a statutory approach and case approach. The results showed that the application of Pasal 98 ayat (2) and (3) in the case of the crime of distribution of pharmaceutical preparations without a distribution permit had been carried out appropriately. The defendant Fajar Kholif alias Babang bin Deden Surahman was sentenced to imprisonment for 1 year and 10 months and a fine of Rp. 5,000,000, with evidence in the form of 340 items of Tramadol HCI type drugs which were destroyed. The judge considered relevant and valid evidence, as well as aggravating and mitigating factors in handing down the verdict.
Comprehensive Evaluation Of Law Enforcement Against Embezzlement Due To Position Case Study: Decision 315/Pid.B/2023/Pn.Gsk
Authors: Rakmahwati Pratiwi Indy , Abdullah Saiful
Published: January 2025

Abuse is a willful and unlawful act of taking someone else's property. This crime is characterized by a breach of trust and often occurs at various social levels. By raising the legal issue of the crime of embezzlement committed by Dwi Zahrul Fitriana Binti Djumadi Hari Santoso (deceased) who was committed during her term of office as a result of employment, search, or receiving wages in case number 315/Pid.B/2023/PN Gsk. This study examines thoroughly the criminalization of fraud in the term of office of Dwi Zahrul Fitriana Binti Djumadi Hari Santoso (expired) so that later the local area will be more careful in acting. This research uses an empirical legal approach method. The examination used is a subjective examination. The verdict determined that the defendant had taken funds from PT Cipta Mandiri Nusantara Abadi and did not return them. The defendant was found guilty of the charges of the panel of judges and sentenced to two years and six months in prison for violating the Criminal Procedure Code and Article 374 of the Criminal Code. The Panel of Judges' considerations, including aggravating and mitigating circumstances, have met the principles of legal certainty, justice, and expediency, in accordance with empirical analysis.
Review of Child Punishment In The Juvenile Criminal Justice System (A Coparative Study Between Indonesia And The United States)
Authors: Jesslyn Nathania
Published: January 2025

Comparative law is one of the methods for learning the law. For legal researchers, aside from looking from the historic perspective, it is also useful to compare the laws between respective countries, be it a whole legal system as in between legal traditions of civil law and common law or comparing between a micro system such as juvenile justice systems in each country for some purposes. Researchers could benefit from using comparative law to look for similarities or differences between legal systems or in the future they could use it for solution in the domestic law to be even better. In this paper, we will compare youth justice system between Indonesia and United States, specifically California State. Youth justice system in Indonesia has this unique sub-system called diversion and restorative justice. The main purpose of it is so children who conflicted with the law have chances to redeem themselves and build reconciliation with the victims and their families. There are also different rights set for the children written in the Code such as the hearing process must be enclosed, and their identity must not be exposed by the media to public eyes. In the United States, there aren’t so many differences by the book except the bargaining, but they have a special procedure before the initial hearing that is the court will consider if the child’s crime is still fit within the juvenile court jurisdiction or sending them to the criminal court which called by judicial waiver. This means that the child is stripped of their special rights and will go to adult prison if the juvenile court decided they could not handle the case for its nature of crime. When the child is proven to be guilty, they also will be sent to adult prison. Finding similarities and differences between legal systems could be useful for research but doesn’t mean that the legal system is flawed or too good. It needs to be reminded that not all the system or sub-system could be applied to other countries since there are also differences in cultures and practices especially between Western and Asian society.
Legal Transplantation and Funding for Public Electric Vehicle Charging Stations in Achieving Zero Emissions
Authors: Muhammad Raihan Yulistio  , Satino Satino
Published: January 2025

In order to support the use of electric vehicles as a step towards reducing greenhouse gas emissions, adequate and accessible Public Electric Vehicle Charging Stations (Stasiun Pengisian Kendaraan Listrik Umum/SPKLU in Bahasa Indonesia) are required. However, the public still faces difficulties in finding SPKLU. This is due to the absence of specific regulations determining the mandatory distance for the construction of SPKLU and the lack of funding for their development. The research method used is normative juridical, through legislative, conceptual, and comparative approaches. The study utilized secondary data with primary and secondary legal materials. The authors found that the Ministry of Energy and Mineral Resources Regulation No. 1 of 2023 on the Provision of Electric Vehicle Charging Infrastructure does not specifically regulate the distance for SPKLU establishment, necessitating legal transplantation from European Union regulations. Furthermore, the issue of insufficient funding can be addressed through a green bond issuance scheme involving a consortium of State-Owned Enterprises and Private Enterprises.
Judicial Considerations in Granting and Rejecting Child Madiyah Support Claims from a Progressive Legal Theory Perspective (A Normative Juridical Study of Decision No. 1172/Pdt.G/2018/PA.Smd. and Decision No. 41/Pdt.G/2014/PA Tkl.)
Authors: Reza M Fahmi , Zahara Fatimah , Khalid Khalid
Published: January 2025

This study titled "Judges' Considerations in Granting and Rejecting Child M??iyah Support Claims from a Progressive Legal Theory Perspective" focuses on analyzing judicial considerations in two Religious Court decisions, specifically Decision Number 1172/Pdt.G/2018/PA.Smd. and Decision Number 41/Pdt.G/2014/PA.Tkl. The research aims to identify how progressive legal theory influences judicial decisions regarding child m??iyah support and its implications for justice for neglected children. The study employs a normative juridical method with case study and comparative approaches, offering a deep exploration of the judicial reasoning that shapes outcomes in sensitive family law cases. The findings reveal that applying progressive legal theory can result in fairer and more responsive decisions to children's needs, highlighting the critical role of judicial discretion in interpreting the law beyond its literal text. In Decision Number 1172/Pdt.G/2018/PA.Smd., the claim was rejected on formalistic grounds, reflecting a rigid adherence to precedent, whereas in Decision Number 41/Pdt.G/2014/PA.Tkl., the claim was granted based on substantive justice considerations, prioritizing the child’s welfare. The study concludes by emphasizing the importance of applying progressive legal theory to ensure the protection of children's rights and achieve social justice within the context of Islamic and positive law in Indonesia. Furthermore, it suggests that a more dynamic and empathetic approach in judicial decision-making can significantly impact the realization of equitable outcomes in family law.
Resolution of Dual Land Certificate Ownership Issued by the Head of Sukajadi Village, Hinai District, Langkat Regency
Authors: Eriska Reda , Khalid Khalid
Published: January 2025

This study aims to delve into the concrete solution to the problem of duplicate land certificates originating from the Head of Sukajadi Village, Hinai District, Langkat Regency. The research method applied is a field study with a qualitative approach that prioritizes descriptive data analysis. The qualitative approach was chosen because it can provide a deep understanding of the context and dynamics that occur in this problem. The results of the study clearly show that there was negligence in the process of issuing certificates by the parties involved, such as land owners, the Land Office, and the local government. This negligence is the main root of the problem that resulted in duplicate land certificates in the area. This indicates the importance of increasing accuracy and supervision during the land certificate issuance process. In the context of resolving this problem, a comprehensive evaluation of the applicable land certificate issuance procedures is needed. This evaluation must be carried out systematically to identify weak points in the process that are the entry point for duplicate land certificates. In addition, substantive improvements to the certificate issuance procedure also need to be made as a preventive measure to avoid similar problems from recurring in the future. In addition to evaluating and improving procedures, increasing legal awareness and responsibility from all parties involved is the key to an effective resolution. This includes improving legal understanding regarding land ownership, the rights and obligations of land owners, and the responsibilities of the Land Office and the local government in the certificate issuance process. Legal education and socialization need to be improved so that the public is more aware of the importance of maintaining the validity of legal documents, including land certificates.
The Divorcement Family Career in the Religious Court in the Region of the Bandung High Court of Religion with its Relationship Articles 33-34 in Law of the Republic of Indonesia Number 1 of 1974 Marriage
Authors: Muhammad Sopiyan  , Tajul Arifin  , Muhammad Saran
Published: January 2025

Articles 33-34 of Law Number 1 of 1974 concerning Marriage state that the husband is obliged to provide for the family while the wife must help with household affairs. However, many wives have careers outside the home, so the intended article is not implemented properly, eventually leading to marital disputes that end in divorce. Against the background of this problem, four questions were asked, namely (1) what are the factors that cause divorce in career families in the decision of the Religious Court in the Bandung Religious High Court; (2) how does the panel of judges consider in deciding a career family divorce in the religious court of the Bandung PTA area; (3) how to implement Articles 33-34 of the Marriage Law based on the Decision of the Religious Court in the Bandung PTA Region among career families; and (4) how is the development of the concept of a harmonious family in the career family related to the implementation of articles 33-34 in Law Number 1 of 1974 on Marriage? The usefulness of this research is academically to develop family law studies, while practically adding new insights and findings in divorce issues that are useful for society educational.
Strategies of Omnibus Law Under the Hierarchical Legislation Framework: A Review of Theoretical and Practical Implications
Authors: Ihsanul Maarif
Published: January 2025

The implementation of the Omnibus Law in Indonesia, particularly the Job Creation Omnibus Law, has raised several challenges related to the principles of the hierarchy of legislation and legal certainty. The Omnibus Law, which combines various regulations from different levels of law without regard to hierarchical order, has the potential to create legal uncertainty, undermine the legal order, and reduce protections for workers' rights and the environment. This study aims to examine the compatibility of the Omnibus Law method with the principles of Indonesia's hierarchy of legislation and identify its impact on legal certainty. This research employs a normative legal method with approaches that include legislation, conceptual analysis, and comparison, as well as analyzing data from various primary and secondary legal sources. The research findings indicate that the Omnibus Law does not fully align with the principles of the hierarchy of legislation outlined by Hans Kelsen and Hans Nawiasky, and it creates regulatory overlaps that disrupt the legal system's stability. The implications of this research emphasize the importance of adjusting the Omnibus Law concept to better align with Indonesia's legal framework, as well as the need for more detailed implementing regulations to minimize legal uncertainty across various sectors.