JIHK
type: channel
description: About The Journal Jurnal Ilmu Hukum Kyadiren (JIHK) is a journal published by the Center for Research and Community Service of Biak’s School of Law (STIH Biak-Papua). Articles in JIHK are published twice a year (January and July). JIHK accepts scientific writings from conceptual ideas and research results that have never been published, especially those related to the legal field. The editor has the right to make revisions for various formats, terms, and footnotes without reducing and changing the content and intent of the writing. The articles are published in Indonesian and English. ISSN: 2715-503X (online) ISSN: 2502-5058 (Print) DOI: 10.46924/jihk Distribution : Open Access Publisher : PPPM Sekolah Tinggi Ilmu Hukum Biak-Papua Author Guidelines Submit Paper Now!
publisher: PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua
language: en
publication name: JIHK
issn: 2502-5058
copyright: Authors who publish with this journal agree to the following terms: Copyright on any article is retained by the author(s). The author grants the journal, the right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work’s authorship and initial publication in this journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal’s published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. The article and any associated published material is distributed under the Creative Commons Attribution 4.0 International License
items: Policy Framework for Crime Prevention Based on the Modus Operandi of Human Trafficking in Cibadak District Court Decision No. 92/Pid.Sus/2024/PN.CBD
items: The Urgency of Applying the Principles of Accuracy and Public Interest in the Evaluation Process and the Imposition of Administrative Sanctions on Mining Business Permits
items: Validity of Account-Blocking Clauses in Standard Agreements Between Crypto-Asset Platforms and Consumers in Indonesia
items: Judicial Inconsistency and Its Implications for Trademark Protection in Indonesia
items: A Critical Examination of the Absence of Intent in Establishing Criminal Liability in the Central Jakarta District Court Decision No. 12/Pid.Sus-TPK/2024/PN.Jkt.Pst
items: Inconsistency in the Implementation of Corruption Criminalization Guidelines Based on PERMA No. 1 of 2020 in the Harvey Moeis Case Decision
items: Judicial Overreach in Constitutional Court Decisions: Navigating the Boundary Between Constitutional Interpretation and Judicially Created Legislation
items: The Effectiveness of Administrative Sanctions as an Alternative to Criminal Law Enforcement in the Environmental Sector
items: Risk and Legal Consequences of Beauslim Slimming Products
items: Private Sector and the 1% Disability Quota
items: Criminal Liability of Defendants with Bipolar Disorder from the Perspective of Justice in Supreme Court Decision No. 1209 K/Pid.Sus/2023
items: Unveiling the Injustice Behind Employers’ Diploma Withholding Practices in Indonesia
items: Effectiveness of the Mechanisms for Transferring Inherited Land to Heirs Who Are Foreign Nationals
items: Legal Protection for Esports Athletes Against Freeze Contract Clauses in Employment Relationships
items: Marriage Dispensation Following Amendments to the Marriage Law: A Study on the Legal Awareness of the Jember Regency Community
items: Enforcement of Maternity Leave Rights for Female Workers under Labor Law
items: Judicial Reasoning in Personal Data Misuse Cases
items: The Impact of Regulatory Deregulation on the Effectiveness of Hazardous and Toxic Materials (B3) Management Permits at PT Futai Tanjung Merah
items: Assessing the Proportionality of Criminal Sanctions Imposed on Notaries and Land Deed Officials (PPAT) in Document Forgery Cases
items: Skincare Product Safety Regulations in Indonesia and Asian Countries within the Framework of International Legal Standards
items: A Comparative Study of Regulation and Law Enforcement on Narcotics, Specifically Methamphetamine, in Indonesia and the Philippines
items: Dualism in Indonesian Criminal Law: Between Codified Justice and Syariah Morality
items: Reformulation of the Legal Liability of Land Deed Officials for Defects in Authentic Deeds
items: Notary Negligence and Legal Consequences in Unlisted Heirs Cases
items: Revitalization of Biak Numfor Customary Dispute Resolution: Harmonization of the Criminal Justice System in Indonesia
items: Legal Protection for Consumers Against Fake Reviews on E-Commerce Platforms: The Perspective of Consumer Protection Laws
items: Constitutionalism and the Debate Surrounding the Suspension of the Advocates’ Association
items: The Legal Force of Article 1977 of the Indonesian Civil Code Regarding Ownership of Unregistered Movable Property
items: Spatial Conflicts Between Protected Rice Fields and Regional Spatial Planning in the Context of Sustainable Agricultural Land Protection
items: Artificial Intelligence and Criminal Liability: A Preliminary Study within the Indonesian Legal System

Policy Framework for Crime Prevention Based on the Modus Operandi of Human Trafficking in Cibadak District Court Decision No. 92/Pid.Sus/2024/PN.CBD
type: item
description: This study investigates the increasing prevalence of human trafficking in Indonesia facilitated through social media platforms as a mechanism for recruiting illegal migrant workers, as illustrated by the Cibadak District Court Decision No. 92/Pid.Sus/2024/PN.Cbd. In this case, the defendant, Clara Emilia Yulianti, and her network recruited prospective migrant workers without official authorization by offering high-paying jobs abroad, thereby exposing significant gaps in state oversight and digital protection for prospective migrants. The objective of this study is to analyze the modus operandi of the illegal recruitment scheme in this case and to evaluate existing prevention policies to address the legal loopholes exploited by the perpetrators. Employing normative legal methods alongside legislative, conceptual, and case study approaches, the study finds that the perpetrators used social media to lure victims, collect fees, and engage in unlawful sheltering and deployment activities in violation of Article 2(1) of Law No. 21/2007 in conjunction with Law No. 18/2017. Preventive efforts should prioritize strengthening oversight of online recruitment through enhanced cooperation between the government and digital platforms to enable detection, verification, and removal of illegal recruitment content.
subject: Articles
  topic: section
subject: Human Trafficking
  topic: keywords
subject: Modus Operandi
  topic: keywords
subject: Crime Prevention Policy
  topic: keywords
subject: Migrant Workers
  topic: keywords
creator: Sherlyn Sherlyn
creator: Ade Adhari
rights: Copyright (c) 2025 Sherlyn Sherlyn, Ade Adhari https://creativecommons.org/licenses/by/4.0
date: 2025-12-04
publication date: 2025-12-04
starting page: 1110
ending page: 1126
doi: 10.46924/jihk.v7i2.374

The Urgency of Applying the Principles of Accuracy and Public Interest in the Evaluation Process and the Imposition of Administrative Sanctions on Mining Business Permits
type: item
description: This article analyzes the urgency of applying the principles of due diligence and public interest in evaluating and imposing administrative sanctions on Mining Business Permits (IUP) in Indonesia. Using normative legal research methods, the study examines statutory regulations, principles of administrative law, and decisions of the Administrative Court (PTUN) to assess the consistency of government actions in mining oversight. The findings indicate that many IUP revocation decisions are overturned because of insufficient data verification, the absence of on-site inspections, and the failure to consider community and environmental impacts. This demonstrates that these two principles are essential prerequisites for ensuring the legality, accountability, and social legitimacy of administrative decision-making. The article recommends strengthening coordination between central and regional governments, enhancing supervisory capacity, and involving local communities as key strategies for improving mining governance and promoting more accountable administrative law enforcement.
subject: Articles
  topic: section
subject: Accuracy Principle
  topic: keywords
subject: Public Interest
  topic: keywords
subject: Administrative Sanctions
  topic: keywords
subject: Mining Permits
  topic: keywords
subject: Governance
  topic: keywords
creator: Evelyn Natasha
creator: Tundjung Herning Sitabuana
rights: Copyright (c) 2025 Evelyn Natasha, Tundjung Herning Sitabuana https://creativecommons.org/licenses/by/4.0
date: 2025-12-03
publication date: 2025-12-03
starting page: 1096
ending page: 1109
doi: 10.46924/jihk.v7i2.372

Validity of Account-Blocking Clauses in Standard Agreements Between Crypto-Asset Platforms and Consumers in Indonesia
type: item
description: The rapid growth of crypto-asset transactions in Indonesia has led to an increased reliance on electronic agreements containing standard clauses unilaterally drafted by digital platforms. However, the unilateral authority to block user accounts raises concerns regarding legal validity and potential violations of consumer rights. This study examines the legal framework governing standard clauses in electronic agreements on crypto-asset platforms and assesses the validity of account-blocking clauses under the Consumer Protection Law (UUPK) and the Indonesian Civil Code (KUH Perdata). Using a normative juridical method, the research analyzes statutory regulations, court decisions, and relevant literature. The findings indicate that although the standard clause satisfies the elements of a valid agreement under Article 1320 of the Civil Code, a unilateral account-blocking clause violates Article 18 of the UUPK because it grants disproportionate authority to business actors and may undermine consumer rights without a legitimate legal basis. The study concludes that account blocking is legally valid only when conducted pursuant to an order issued by a competent authority and in accordance with consumer protection principles.
subject: Articles
  topic: section
subject: Standard Clauses
  topic: keywords
subject: Standard Agreements
  topic: keywords
subject: Consumer Protection
  topic: keywords
subject: Crypto Assets
  topic: keywords
creator: Christopher Andrew Winata
creator: Ida Kurnia
rights: Copyright (c) 2025 Christopher Andrew Winata, Ida Kurnia https://creativecommons.org/licenses/by/4.0
date: 2025-12-02
publication date: 2025-12-02
starting page: 1082
ending page: 1095
doi: 10.46924/jihk.v7i2.370

Judicial Inconsistency and Its Implications for Trademark Protection in Indonesia
type: item
description: The issue of legal certainty and trademark protection for relevant parties arises from the inconsistency between the decisions of the Judex Facti and Judex Juris in trademark cancellation cases. This study aims to identify the nature of this inconsistency and its implications for trademark legal protection in Indonesia. Drawing on statutory regulations, Medan Commercial Court Decision No. 6/Pdt.Sus-HKI/Merek/2022, and Supreme Court Decision No. 989 K/Pdt.Sus-HKI/2024, this normative legal research employs both case-based and conceptual approaches. The findings indicate that the Commercial Court adopts a narrow interpretation of “interested parties” and does not recognize first use as a legal basis, resulting in the dismissal of the trademark cancellation claim. In contrast, the Supreme Court applies a broader and more progressive interpretation by acknowledging historical use and identifying indications of bad faith in the trademark registration process. These divergent interpretations generate legal uncertainty, underscoring the need for harmonization between courts to ensure equitable trademark protection.
subject: Articles
  topic: section
subject: Judex Facti
  topic: keywords
subject: Judex Juris
  topic: keywords
subject: Interested Parties
  topic: keywords
creator: Jeremy Exaudi Purba
creator: Wilma Silalahi
rights: Copyright (c) 2025 Jeremy Exaudi Purba, Wilma Silalahi https://creativecommons.org/licenses/by/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 1054
ending page: 1067
doi: 10.46924/jihk.v7i2.369

A Critical Examination of the Absence of Intent in Establishing Criminal Liability in the Central Jakarta District Court Decision No. 12/Pid.Sus-TPK/2024/PN.Jkt.Pst
type: item
description: This study conducts a critical analysis of Court Decision No. 12/Pid.Sus-TPK/2024/PN.Jkt.Pst, which is deemed to create confusion regarding the role of mens rea (malicious intent) in criminal liability for corruption. Using a normative juridical method and a case study approach, this research examines the case of Karen Agustiawan, the former CEO of Pertamina, who was convicted in an LNG procurement case. The main findings indicate that the Defendant was proven to have no malicious intent to cause state financial loss and did not gain personal profit. Furthermore, the state losses that occurred were attributed more to external factors, such as force majeure and global market changes. The verdict is criticized for disregarding fundamental principles of criminal law, namely actus non facit reum nisi mens sit rea (an act does not make one guilty unless the intent is guilty) and geen straf zonder schuld (no punishment without fault). In conclusion, this research emphasizes that mens rea is a fundamental requirement, and therefore, the absence of malicious intent on the Defendant’s part should have been a central consideration in the judgment.
subject: Articles
  topic: section
subject: Intent
  topic: keywords
subject: Corruption
  topic: keywords
subject: LNG
  topic: keywords
creator: Benedictus Ardy Darmawan
rights: Copyright (c) 2025 Benedictus Ardy Darmawan https://creativecommons.org/licenses/by/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 1039
ending page: 1053
doi: 10.46924/jihk.v7i2.368

Inconsistency in the Implementation of Corruption Criminalization Guidelines Based on PERMA No. 1 of 2020 in the Harvey Moeis Case Decision
type: item
description: This study analyzes the inconsistency in applying Supreme Court Regulation (PERMA) No. 1 of 2020 on Sentencing Guidelines for Corruption Cases in the Central Jakarta District Court Decision No. 70/Pid.Sus-TPK/2024/PN.Jkt.Pst concerning Harvey Moeis. The research employs a normative juridical method with statutory and conceptual approaches, using library research on primary, secondary, and tertiary legal materials analyzed through a descriptive qualitative framework. The findings reveal that the sentencing failed to align with the principles of proportionality and justice mandated by PERMA No. 1 of 2020. Weak judicial oversight, subjective interpretation by judges, and declining professional ethics have led to sentencing disparities that erode public trust in judicial integrity. Systemic reconstruction is therefore required through stronger compliance mechanisms, an enhanced role of the Judicial Commission, and moral-based judicial training to ensure the consistent realization of substantive justice.
subject: Articles
  topic: section
subject: PERMA No. 1 of 2020
  topic: keywords
subject: Proportionality
  topic: keywords
subject: Justice
  topic: keywords
subject: Corruption
  topic: keywords
subject: Judicial Integrity
  topic: keywords
creator: Moses Cristofel
creator: Boedi Prasetyo
rights: Copyright (c) 2025 Moses Cristofel, Boedi Prasetyo https://creativecommons.org/licenses/by/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 1027
ending page: 1038
doi: 10.46924/jihk.v7i2.367

Judicial Overreach in Constitutional Court Decisions: Navigating the Boundary Between Constitutional Interpretation and Judicially Created Legislation
type: item
description: The imbalance between the Constitutional Court’s prescribed authority and its growing tendency to expand its judicial function has raised significant concerns regarding judicial overreach in Indonesia’s constitutional system. This study seeks to identify the defining characteristics of judicial overreach and to delineate the boundaries between legitimate constitutional interpretation and covert judicial lawmaking. It further evaluates the implications of this phenomenon for democratic legitimacy, public trust, and adherence to the separation-of-powers principle. Employing normative legal research methods, this study utilizes statutory, conceptual, and case-law analyses with a particular focus on Constitutional Court Decision No. 90/PUU-XXI/2023. The findings reveal a shift in the Constitutional Court’s role from a negative legislator to a positive legislator, evidenced by expanded interpretations unsupported by constitutional text and inconsistencies with established precedents. These developments have undermined public confidence and contributed to increasing constitutional uncertainty. The study concludes that stricter limitations on the Court’s interpretive discretion and enhanced judicial accountability are essential to preserving the integrity of constitutional review within Indonesia’s democratic framework.
subject: Articles
  topic: section
subject: Judicial Overreach
  topic: keywords
subject: Constitutional Court
  topic: keywords
subject: Constitutional Decision
  topic: keywords
subject: Constitutional Supremacy
  topic: keywords
creator: Kurdi Kurdi
creator: Joko Cahyono
creator: Teuku Ahmad Dadek
rights: Copyright (c) 2025 Kurdi Kurdi, Joko Cahyono, Teuku Ahmad Dadek https://creativecommons.org/licenses/by/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 1013
ending page: 1026
doi: 10.46924/jihk.v7i2.366

The Effectiveness of Administrative Sanctions as an Alternative to Criminal Law Enforcement in the Environmental Sector
type: item
description: The escalating intensity of environmental violations in Indonesia necessitates the strengthening of effective law enforcement mechanisms, particularly following the enactment of the Job Creation Law and Government Regulation No. 22 of 2021, which redefined administrative sanctions as the primum remedium. This study examines the evolution of administrative legal instruments within the environmental law enforcement system and assesses the effectiveness of administrative sanctions—including government coercion and administrative fines—in preventing and addressing environmental violations. The research employs a normative–empirical juridical approach through regulatory analysis, case studies, and interviews with regional environmental inspectors. The findings reveal that administrative sanctions are implemented more swiftly, align more closely with the principles of ecological restoration, and exert a stronger influence on the economic motivations of violators compared to criminal sanctions. Nevertheless, their effectiveness remains constrained by limited human resources, inadequate supervisory budgets, and weak regional political commitment. The study concludes that administrative instruments hold a strategic role as the primary mechanism for environmental law enforcement, yet require institutional strengthening and integrated policy support to operate optimally.
subject: Articles
  topic: section
subject: Criminal Law
  topic: keywords
subject: Environment
  topic: keywords
subject: Administrative Sanctions
  topic: keywords
creator: Kurdi Kurdi
creator: Armansyah Armansyah
creator: Teuku Ahmad Dadek
rights: Copyright (c) 2025 Kurdi Kurdi, Armansyah Armansyah, Teuku Ahmad Dadek https://creativecommons.org/licenses/by/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 999
ending page: 1012
doi: 10.46924/jihk.v7i2.365

Risk and Legal Consequences of Beauslim Slimming Products
type: item
description: The background of this study is the widespread use of slimming products in Indonesia and reports of health risks from hazardous ingredients, highlighting gaps between legal norms and practical enforcement. The research problem focuses on business liability and the legal consequences of distributing Beauslim slimming products. This study employs normative juridical research with statute, case, and analytical approaches. Secondary data include primary legal materials such as Law No. 8 of 1999 on Consumer Protection, Law No. 36 of 2009 on Health, the Civil Code (KUHPerdata), and BPOM regulations, as well as secondary literature and media reports. Data were analyzed qualitatively to examine the alignment and gaps between normative obligations and business practices. The results indicate that while laws mandate accountability, transparency, and accurate labeling, enforcement remains weak. Many hazardous products continue circulating, showing a gap between law and practice. Stronger regulation, corporate compliance, and consumer awareness are essential to minimize risks and ensure accountability.
subject: Articles
  topic: section
subject: Beauslim
  topic: keywords
subject: Legal Liability
  topic: keywords
subject: Consumer Protection
  topic: keywords
creator: Edithya Widy Sandjaya
creator: Ida Kurnia
rights: Copyright (c) 2025 Edithya Widy Sandjaya, Ida Kurnia https://creativecommons.org/licenses/by/4.0
date: 2025-11-28
publication date: 2025-11-28
starting page: 986
ending page: 998
doi: 10.46924/jihk.v7i2.364

Private Sector and the 1% Disability Quota
type: item
description: The background of this research is the challenge of fulfilling the 1% disability employment quota by private companies in Indonesia, in accordance with Law No. 8 of 2016 on Persons with Disabilities. Despite the regulations outlining this obligation, companies often face obstacles such as low legal awareness, social stigma, and a lack of disability-friendly infrastructure. This study employs a juridical-normative research method with statutory, conceptual, and analytical approaches to relevant regulations and their implementation practices. The findings show that although the government has made efforts to encourage companies to meet the disability quota through incentives and sanctions, consistent implementation remains limited. Strengthening oversight and increasing legal awareness are necessary to address these challenges. Additionally, applicable solutions include improving accessibility facilities and providing training programs for companies to better address the challenges of disability inclusion.
subject: Articles
  topic: section
subject: 1% Quota
  topic: keywords
subject: Persons with Disabilities
  topic: keywords
subject: Private Companies
  topic: keywords
subject: Labor Law
  topic: keywords
creator: Dila Wahyu Agustin
creator: Ariawan Gunadi
rights: Copyright (c) 2025 Dila Wahyu Agustin, Ariawan Gunadi https://creativecommons.org/licenses/by/4.0
date: 2025-11-28
publication date: 2025-11-28
starting page: 971
ending page: 985
doi: 10.46924/jihk.v7i2.362

Criminal Liability of Defendants with Bipolar Disorder from the Perspective of Justice in Supreme Court Decision No. 1209 K/Pid.Sus/2023
type: item
description: In Indonesia, criminal law stipulates that a person can only be held accountable for their actions if there is an element of fault, in addition to meeting the principle of legality. Criminal liability aims to determine whether the perpetrator should indeed bear the consequences of their actions. On the other hand, Bipolar Disorder is a serious mental condition that causes drastic mood changes, which can affect a person’s ability to control their behavior and actions. This study aims to examine the extent to which the principle of justice is applied in determining criminal liability for defendants suffering from Bipolar Disorder, as illustrated in Supreme Court Decision Number 1209K/Pid.sus/2023. The methods used include the Statute Approach and the Case Approach. The findings show that the provisions regarding criminal liability are contained in Article 44 of the former Criminal Code (KUHP) as well as Articles 38 and 39 of the new Criminal Code (Law Number 1 of 2023). However, in practice, the judges’ decision has not been entirely fair, as the defendant’s Bipolar Disorder was not taken into consideration. In fact, criminal law should not only focus on punishment but also take into account the condition of the perpetrator, including the defendant’s mental state. By doing so, the imposed sentence can be more humane and appropriately targeted.
subject: Articles
  topic: section
subject: Criminal Accountability
  topic: keywords
subject: Bipolar Disorder
  topic: keywords
subject: Justice
  topic: keywords
creator: Virriantaka
creator: Ade Adhari
rights: Copyright (c) 2025 Virriantaka, Ade Adhari https://creativecommons.org/licenses/by/4.0
date: 2025-12-02
publication date: 2025-12-02
starting page: 1068
ending page: 1081
doi: 10.46924/jihk.v7i2.359

Unveiling the Injustice Behind Employers’ Diploma Withholding Practices in Indonesia
type: item
description: This study is motivated by the widespread practice of employers withholding employees’ diplomas as a form of job security, which raises serious concerns from both labor law and human rights perspectives in Indonesia. The purpose of this research is to assess the conformity of this practice with the principles of justice, freedom of contract, and human rights protection, as well as to analyze the legal remedies available to employees for reclaiming ownership of their diplomas through non-litigation and litigation mechanisms. The study employs a normative juridical approach, analyzing relevant laws and regulations, legal doctrines, and court decisions. The findings indicate that the withholding of diplomas violates fundamental principles of labor law and infringes upon employees’ personal property rights. The most effective means of resolution is mediation, and if such efforts fail, legal action through the Industrial Relations Court. In conclusion, this practice should be explicitly prohibited through legislative reform to ensure justice and the protection of workers’ rights.
subject: Articles
  topic: section
subject: Diploma Withholding
  topic: keywords
subject: Labor Law
  topic: keywords
subject: Industrial Relations
  topic: keywords
subject: Worker Protection
  topic: keywords
creator: Gabriella Ranti
creator: Rasji Rasji
rights: Copyright (c) 2025 Gabriella Ranti, Rasji Rasji https://creativecommons.org/licenses/by/4.0
date: 2025-11-21
publication date: 2025-11-21
starting page: 930
ending page: 944
doi: 10.46924/jihk.v7i2.358

Effectiveness of the Mechanisms for Transferring Inherited Land to Heirs Who Are Foreign Nationals
type: item
description: Ownership and the transfer of freehold land to heirs who are foreign nationals constitute a critical issue in Indonesian agrarian law, as they intersect with the principle of nationality, limitations on property rights, and the pluralism of inheritance law. This study aims to provide a comprehensive examination of the normative foundations of the Basic Agrarian Law (UUPA), the regulation of ownership rights, and the mechanisms for transferring or converting the status of inherited land received by foreign national heirs. The research employs a normative legal method using statutory, conceptual, and comparative approaches to analyze relevant legal regulations and doctrines. The findings show that foreign national heirs may inherit freehold land but are required to transfer it within one year through sale, donation, APHW/APHB, or by converting the land status to a right of use. The study concludes that the Indonesian legal framework offers legal certainty while safeguarding national interests, although its implementation still requires strengthening through public outreach and improved administrative mechanisms.
subject: Articles
  topic: section
subject: Inheritance
  topic: keywords
subject: Heirs
  topic: keywords
subject: Foreign Nationals
  topic: keywords
subject: Land Ownership Rights
  topic: keywords
creator: Evita Nuraini Rahmawan
creator: Benny Djaja
rights: Copyright (c) 2025 Evita Nuraini Rahmawan, Benny Djaja https://creativecommons.org/licenses/by/4.0
date: 2025-11-22
publication date: 2025-11-22
starting page: 958
ending page: 970
doi: 10.46924/jihk.v7i2.356

Legal Protection for Esports Athletes Against Freeze Contract Clauses in Employment Relationships
type: item
description: The rapid expansion of the esports industry in Indonesia has not been accompanied by adequate legal certainty regarding employment relationships between athletes and teams, thereby creating opportunities for detrimental contractual practices, including freeze contracts that restrict athletes’ mobility and fundamental rights. This study aims to (1) identify forms of workers’ rights violations arising from the implementation of freeze contracts and (2) assess the adequacy of the existing regulatory framework—including PBESI Regulation Number 034/PB-ESI/B/VI/2021, the Sports Law, and the Manpower Law—in providing legal protection for esports athletes. This study employs a normative juridical method using statutory, conceptual, and case-based analytical approaches. The findings indicate that freeze contracts have the potential to violate the rights to freedom of employment, income security, and equality within the employment relationship. Moreover, the current regulatory framework does not specifically address employment protection for esports athletes. In conclusion, regulatory reform and strengthened contract oversight mechanisms are required to ensure effective and equitable legal protection for athletes.
subject: Articles
  topic: section
subject: Esports
  topic: keywords
subject: Clause Freezing
  topic: keywords
subject: Freeze Contract
  topic: keywords
subject: Legal Protection
  topic: keywords
creator: Mochammad Imam Charomain
creator: Ariawan Gunadi
rights: Copyright (c) 2025 Mochammad Imam Charomain, Ariawan Gunadi https://creativecommons.org/licenses/by/4.0
date: 2025-11-21
publication date: 2025-11-21
starting page: 945
ending page: 957
doi: 10.46924/jihk.v7i2.355

Marriage Dispensation Following Amendments to the Marriage Law: A Study on the Legal Awareness of the Jember Regency Community
type: item
description: Five years after the amendment of Law No. 16 of 2019, applications for marriage dispensations have risen sharply, particularly in Jember Regency, which recorded the highest rate in East Java. This article examines whether this phenomenon reflects an increase in legal awareness or merely administrative compliance with the ongoing practice of child marriage. Using a juridical-sociological approach, this study combines normative analysis of legal regulations and concepts with empirical data obtained through observation, interviews, and documentation. The findings reveal that although Supreme Court Regulation (PERMA) No. 5 of 2019 provides clear guidelines for judges, Pandalungan cultural influences and socioeconomic factors continue to sustain early marriage practices. The surge in cases demonstrates a form of instrumental legal awareness—people understand the law but utilize it to maintain traditional norms. This research recommends strengthening evidentiary standards, implementing mandatory psychosocial and medical assessments, and promoting community-based prevention strategies.
subject: Articles
  topic: section
subject: Marriage Dispensation
  topic: keywords
subject: Marriage Law Reform
  topic: keywords
subject: Legal Awareness
  topic: keywords
subject: Jember Religious Court
  topic: keywords
creator: Rina Suryanti
creator: Inayatul Anisah
creator: Martoyo Martoyo
rights: Copyright (c) 2025 Rina Suryanti, Inayatul Anisah https://creativecommons.org/licenses/by/4.0
date: 2025-11-13
publication date: 2025-11-13
starting page: 918
ending page: 929
doi: 10.46924/jihk.v7i2.352

Enforcement of Maternity Leave Rights for Female Workers under Labor Law
type: item
description: The protection of maternity leave rights for female workers represents an embodiment of the principles of social justice and humanity as mandated in Article 27(2) of the 1945 Constitution. However, in practice, violations of these rights continue to occur across various employment sectors. This study aims to analyze the legal provisions governing maternity leave rights under Law No. 13 of 2003 on Manpower and to evaluate the extent to which their implementation reflects the principles of justice, legal certainty, and humanity. Employing a normative juridical approach through the analysis of primary and secondary legal materials as well as industrial relations court cases, the study finds that although the normative framework provides clear legal protection, its implementation remains weak due to inadequate supervision, low legal awareness, and persistent gender bias in the workplace. In conclusion, the Indonesian labor law system formally upholds legal certainty but has yet to fully achieve substantive justice and humanitarian protection for pregnant female workers.
subject: Articles
  topic: section
subject: Maternity Leave Rights
  topic: keywords
subject: Legal Protection
  topic: keywords
subject: Industrial Relations Court
  topic: keywords
creator: Florentina Ezrahi Octwelfth
creator: Rasji Rasji
rights: Copyright (c) 2025 Florentina Ezrahi Octwelfth, Rasji Rasji https://creativecommons.org/licenses/by/4.0
date: 2025-11-13
publication date: 2025-11-13
starting page: 902
ending page: 917
doi: 10.46924/jihk.v7i2.351

Judicial Reasoning in Personal Data Misuse Cases
type: item
description: The rapid advancement of digital technology has heightened the risk of personal data misuse, thereby necessitating effective law enforcement under Law Number 27 of 2022 on Personal Data Protection (PDP Law). This study aims to examine judges’ legal reasoning in adjudicating cases of personal data misuse and to analyze the application of the PDP Law within Indonesia’s criminal justice system. Specifically, it assesses the alignment between the ideal legal principles (das sollen) and the practical implementation (das sein). Employing a normative juridical approach combined with qualitative analysis, this research examines three court decisions: Decision No. 77/Pid.Sus/2024/PN Tangerang, Decision No. 78/Pid.Sus/2024/PN Tangerang, and Decision No. 5/Pid.Sus/2023/PN Karanganyar. The findings reveal that judges have begun to internalize the paradigm of personal data protection through the application of Articles 67 and 68 of the PDP Law, although variations in interpretation and implementation persist. The study concludes that Indonesia’s judicial practice is undergoing a gradual transition toward a more consistent enforcement of privacy law, yet further development of jurisprudential guidelines and enhanced judicial capacity remain essential to strengthening privacy protection in the digital era.
subject: Articles
  topic: section
subject: Judicial Reasoning
  topic: keywords
subject: Misuse
  topic: keywords
subject: Personal Data
  topic: keywords
subject: Court Decisions
  topic: keywords
creator: Clarissa Mayella Chandra
creator: Rasji Rasji
rights: Copyright (c) 2025 Clarissa Mayella Chandra, Rasji Rasji https://creativecommons.org/licenses/by/4.0
date: 2025-11-06
publication date: 2025-11-06
starting page: 885
ending page: 901
doi: 10.46924/jihk.v7i2.350

The Impact of Regulatory Deregulation on the Effectiveness of Hazardous and Toxic Materials (B3) Management Permits at PT Futai Tanjung Merah
type: item
description: Amendments to environmental regulations under Law No. 11 of 2020 on Job Creation have generated significant implications for the environmental licensing framework, particularly in the management of Hazardous and Toxic Substances (B3). This study aims to provide a comprehensive examination of the technical procedures for implementing B3 management permits at PT Futai Tanjung Merah, Bitung City, in accordance with Law No. 32 of 2009, Government Regulation No. 74 of 2001, and Government Regulation No. 101 of 2014. It also analyzes the administrative, technical, and institutional barriers that affect the effectiveness of implementation. Employing a descriptive qualitative design with a juridical-empirical approach, this research utilizes interviews, field observations, and legal document analysis as its primary data collection methods. The findings reveal that, while the implementation of B3 permits generally complies with existing regulations, their overall effectiveness remains constrained by policy overlaps, inadequate supervision, and limited public participation. The study concludes that achieving efficient environmental permit governance requires stronger synergy between legal certainty, institutional capacity, and public transparency.
subject: Articles
  topic: section
subject: Implementation
  topic: keywords
subject: Licensing
  topic: keywords
subject: Management of Hazardous and Toxic Substances
  topic: keywords
creator: Deizen D. Rompas
creator: Harly S. Muaja
creator: Roy Ronny Lembong
rights: Copyright (c) 2025 Deizen D. Rompas, Harly S. Muaja, Roy Ronny Lembong https://creativecommons.org/licenses/by/4.0
date: 2025-11-05
publication date: 2025-11-05
starting page: 870
ending page: 884
doi: 10.46924/jihk.v7i2.348

Assessing the Proportionality of Criminal Sanctions Imposed on Notaries and Land Deed Officials (PPAT) in Document Forgery Cases
type: item
description: The growing complexity of document forgery and money laundering cases involving notaries and Land Deed Officials (PPAT) has raised serious concerns regarding the boundaries of criminal liability for public officials. This study aims to identify and assess the criminal liability of notaries and PPATs and to analyze the alignment of criminal sanctions with the principles of justice, legal certainty, and the objectives of criminal punishment, as reflected in the West Jakarta District Court Decision No. 248/Pid.B/2022/PN.Jkt.Brt. The research employs a normative juridical approach, utilizing case-based, conceptual, and statutory analyses. The findings reveal that the criminal liability of notaries and PPATs remains uncertain, particularly in establishing elements of culpability and ensuring the proportionality of sanctions. In conclusion, while law enforcement in this case has achieved legal certainty, it has not yet fully realized substantive justice or the restorative justice objectives of punishment.
subject: Articles
  topic: section
subject: Criminal Sanctions
  topic: keywords
subject: Document Forgery
  topic: keywords
subject: Notary
  topic: keywords
subject: Legal Proportionality
  topic: keywords
creator: Saiful Harun Alhakim Hafid
creator: B.F. Sihombing
rights: Copyright (c) 2025 Saiful Harun Alhakim Hafid, B.F. Sihombing https://creativecommons.org/licenses/by/4.0
date: 2025-10-29
publication date: 2025-10-29
starting page: 818
ending page: 831
doi: 10.46924/jihk.v7i2.347

Skincare Product Safety Regulations in Indonesia and Asian Countries within the Framework of International Legal Standards
type: item
description: This study is driven by the rapid expansion of the global cosmetics trade, which necessitates the alignment of national regulations with international legal standards, particularly in relation to skincare product safety. The objective of this research is to examine Indonesia’s administrative regulations on skincare safety, compare them with those of selected East Asian countries, and evaluate their conformity with international legal frameworks. Employing a qualitative approach, this study utilizes descriptive-comparative analysis of national legal instruments, international standards, and relevant academic literature. The findings reveal that Indonesia has adopted the ASEAN Cosmetic Directive (ACD) harmonization framework; however, its implementation continues to encounter challenges in areas such as regulatory oversight, bureaucratic processes, and technical capacity. In comparison with Japan, South Korea, and China, Indonesia’s regulatory framework remains less integrated. The study concludes that strengthening institutional capacity and enhancing regulatory harmonization are essential to achieving greater alignment with the WTO’s Technical Barriers to Trade (TBT) principles and other international standards.
subject: Articles
  topic: section
subject: National Regulation
  topic: keywords
subject: Skincare
  topic: keywords
subject: International Law
  topic: keywords
subject: Harmonization
  topic: keywords
creator: Laurenzia Luna
creator: Vanessa Christabelle
creator: Vicanty Wijaya
creator: Virginia Chieko Elsputri
rights: Copyright (c) 2025 Laurenzia Luna, Vanessa Christabelle, Vicanty Wijaya, Virginia Chieko Elsputri https://creativecommons.org/licenses/by/4.0
date: 2025-10-29
publication date: 2025-10-29
starting page: 797
ending page: 817
doi: 10.46924/jihk.v7i2.346

A Comparative Study of Regulation and Law Enforcement on Narcotics, Specifically Methamphetamine, in Indonesia and the Philippines
type: item
description: This study compares the institutional frameworks of the Indonesian National Narcotics Agency (BNN) and the Philippine Drug Enforcement Agency (PDEA) using W. Richard Scott’s regulatory and normative pillars. Both agencies operate under presidential authority but adopt different operational styles. The Philippines applies a highly repressive approach through Duterte’s “war on drugs,” while Indonesia combines punitive and rehabilitative measures with legal protection for cooperative users. Using a qualitative-comparative method and legal document analysis, this study examines narcotics law enforcement, treatment of users and dealers, and rehabilitation strategies, focusing on methamphetamine. Findings reveal convergence in regulation and sanctions, but significant differences in implementation—repressive in the Philippines versus legal-rehabilitative in Indonesia. Convergence and securitization theories explain how domestic and global pressures shape narcotics law narratives.
subject: Articles
  topic: section
subject: Regulatory Pillar
  topic: keywords
subject: Normative pillar
  topic: keywords
subject: Narcotics
  topic: keywords
subject: Law enforcement
  topic: keywords
creator: Ori Va Malquna
creator: Ulfah Nurfadilah
rights: Copyright (c) 2025 Ori Va Malquna, Ulfah Nurfadilah https://creativecommons.org/licenses/by/4.0
date: 2025-11-04
publication date: 2025-11-04
starting page: 843
ending page: 854
doi: 10.46924/jihk.v7i2.342

Dualism in Indonesian Criminal Law: Between Codified Justice and Syariah Morality
type: item
description: This study is motivated by the dualism within Indonesia’s criminal law system, particularly between the 2023 Criminal Code (KUHP) as a form of national codification and the Aceh Qanun Jinayat as an embodiment of Islamic sharia-based autonomy. The purpose of this research is to analyze and compare the principles, objectives, types of sanctions, and sentencing mechanisms within these two systems, while identifying points of friction and forms of normative coexistence in relation to the principles of legality, proportionality, and the protection of human rights. A normative–comparative juridical approach was employed, involving the analysis of statutory provisions, legal doctrines, and judicial decisions. The findings reveal that the 2023 Criminal Code adopts a retributive–utilitarian–restorative balance, whereas the Qanun Jinayat emphasizes moral–religious legitimacy through hudud and ta’zir sanctions. It is concluded that harmonizing both systems requires an integrative framework grounded in legal pluralism that simultaneously ensures legal certainty and safeguards human rights.
subject: Articles
  topic: section
subject: Legal Dualism
  topic: keywords
subject: Criminalization
  topic: keywords
subject: National Law
  topic: keywords
subject: Islamic Sharia
  topic: keywords
creator: Novaldi Abi Putra
creator: Faradila Rizkia Saputri
rights: Copyright (c) 2025 Novaldi Abi Putra, Faradila Rizkia Saputri https://creativecommons.org/licenses/by/4.0
date: 2025-10-20
publication date: 2025-10-20
starting page: 781
ending page: 796
doi: 10.46924/jihk.v7i2.341

Reformulation of the Legal Liability of Land Deed Officials for Defects in Authentic Deeds
type: item
description: This study is motivated by the growing number of legal violations committed by Land Deed Officials (PPAT), encompassing administrative, ethical, and even criminal misconduct, as exemplified by the Magelang District Court Decision No. 56/Pid.B/2022/PN.MGG concerning the forgery of sale and mortgage deeds. The purpose of this research is to analyze the legal responsibility of PPATs in drafting authentic deeds that contain legal defects or elements of forgery and to examine the interrelation among administrative, ethical, and criminal violations within the framework of Indonesian positive law and the constitutional principle of social justice enshrined in the 1945 Constitution of the Republic of Indonesia. This research employs a normative juridical method using a statutory and case study approach. The findings reveal overlapping accountability mechanisms between ethical and criminal dimensions, as well as inadequate supervision of PPAT practices. It is therefore concluded that a reformulation of the sanction and supervision system for PPATs is necessary to ensure proportionality and alignment with the constitutional principle of social justice.
subject: Articles
  topic: section
subject: Legal Accountability
  topic: keywords
subject: Authentic Deeds
  topic: keywords
subject: Regulation
  topic: keywords
subject: Land Law
  topic: keywords
creator: Dini Anggraini Sudarwati
creator: Astim Riyanto
creator: Indah Harlina
rights: Copyright (c) 2025 Dini Anggraini Sudarwati, Astim Riyanto, Indah Harlina https://creativecommons.org/licenses/by/4.0
date: 2025-10-14
publication date: 2025-10-14
starting page: 765
ending page: 780
doi: 10.46924/jihk.v7i2.338

Notary Negligence and Legal Consequences in Unlisted Heirs Cases
type: item
description: This study is motivated by the emergence of legal issues in notarial practice concerning the issuance of a Certificate of Inheritance Rights (SKHW) that fails to include all lawful heirs, potentially leading to disputes and diminishing public trust in the notarial profession. The objective of this research is to analyze the legal liability of notaries for such negligence based on the provisions of the Civil Code (KUHPerdata) and the Notary Law (UUJN), as well as to examine the legal consequences and validity of the deed through an analysis of the Tegal District Court Decision Number 9/Pdt.G/2021/PN.Tgl. The study employs a normative juridical method with statutory and case approaches. The findings reveal that an SKHW excluding certain heirs remains formally valid but is materially defective and may be annulled by a court ruling. It is concluded that notaries bear limited formal liability but are nonetheless obliged to uphold the principle of prudence to ensure the substantive truth of the deed.
subject: Articles
  topic: section
subject: Notary Negligence
  topic: keywords
subject: Inheritance Rights
  topic: keywords
subject: Civil Responsibility
  topic: keywords
subject: Court Decision
  topic: keywords
creator: Alan Yohansyah Simatupang
creator: Adnan Hamid
creator: Fitra Deni
rights: Copyright (c) 2025 Alan Yohansyah Simatupang, Adnan Hamid, Fitra Deni https://creativecommons.org/licenses/by/4.0
date: 2025-10-14
publication date: 2025-10-14
starting page: 750
ending page: 764
doi: 10.46924/jihk.v7i2.337

Revitalization of Biak Numfor Customary Dispute Resolution: Harmonization of the Criminal Justice System in Indonesia
type: item
description: Customary law is an option in resolving problems and disputes that occur in the indigenous people of Biak Numfor Regency. However, with the passage of Law Number 1 of 2023 concerning the Criminal Code, in deciding all problems, they still pay attention to the laws that live in society. Of course, this will cause an overlap between the two legal systems so that it requires revitalization and harmonization of the two laws. The research is a type of empirical research using the legal pluralism approach. As for this study, snowball sampling and purposive sampling are used in answering the problems raised. The results of the study show that customary law can be harmonized with positive law but with slight changes the difference between the two laws
subject: Articles
  topic: section
subject: revitalisation, harmonisastion, customary law, restorative justice.
  topic: keywords
creator: Yanuriansyah Ar Rasyid
creator: Leni Sipra Helen Rahakbauw
rights: Copyright (c) 2025 Yanuriansyah Ar Rasyid, Leni Sipra Helen Rahakbauw https://creativecommons.org/licenses/by/4.0
date: 2025-11-01
publication date: 2025-11-01
starting page: 832
ending page: 842
doi: 10.46924/jihk.v7i2.335.

Legal Protection for Consumers Against Fake Reviews on E-Commerce Platforms: The Perspective of Consumer Protection Laws
type: item
description: This study aims to analyze regulations related to fake reviews on e-commerce platforms based on consumer protection laws, examine platform policies in preventing fake reviews, and identify obstacles to law enforcement. The method used is normative juridical with a statutory and conceptual approach, using secondary, primary, and tertiary data that are analyzed qualitatively descriptively. The results of the study show that the regulation of fake reviews has been covered in the UUPK and the ITE Law, although it is not explicitly mentioned. Platforms such as Shopee, Tokopedia, and Lazada have prevention policies, but law enforcement is constrained by the burden of proof and low consumer reporting. It is recommended that the government and e-commerce platforms develop automatic detection technology and make it easier for consumers to return goods.
subject: Articles
  topic: section
subject: fake Reviews, consumer protection, e-commerce, law enforcement.
  topic: keywords
creator: Suharto
creator: Ali Huristak Hartawan Hasibuan
creator: Yanuriansyah Ar Rasyid
rights: Copyright (c) 2025 Suharto, Ali Huristak Hartawan Hasibuan, Yanuriansyah Ar Rasyid https://creativecommons.org/licenses/by/4.0
date: 2025-11-04
publication date: 2025-11-04
starting page: 855
ending page: 869
doi: 10.46924/jihk.v7i2.334

Constitutionalism and the Debate Surrounding the Suspension of the Advocates’ Association
type: item
description: The suspension of advocates’ Oath of Office (BAS) by the High Court raises significant concerns within the framework of Indonesian procedural law and state administration. The core issue stems from the absence of an explicit legal basis authorizing such action, which may contravene the principles of legality, constitutionalism, and the protection of advocates’ fundamental rights. This study aims to examine the legal legitimacy of the BAS suspension, evaluate its compliance with constitutional principles, and explore its philosophical implications for the role of advocates as law enforcers on a par with judges, prosecutors, and police officers. Employing a normative juridical approach with a focus on doctrinal analysis of the Advocates Law, the 1945 Constitution, relevant court decisions, and legal literature, the study finds that the BAS suspension constitutes an ultra vires act. Consequently, this measure undermines the rule of law, diminishes the independence of the legal profession, and has the potential to disrupt public access to justice, highlighting the need for more robust regulatory reforms.
subject: Articles
  topic: section
subject: Constitutionalism
  topic: keywords
subject: Court Authority
  topic: keywords
subject: Advocates
  topic: keywords
subject: Rule of Law
  topic: keywords
creator: Lutfiadi Lutfiadi
creator: Win Yuli Wardani
creator: Febrina Heryanti
creator: Noer Dini Camelia
creator: Agustri Purwandi
rights: Copyright (c) 2025 Lutfiadi Lutfiadi https://creativecommons.org/licenses/by/4.0
date: 2025-09-09
publication date: 2025-09-09
starting page: 737
ending page: 749
doi: 10.46924/jihk.v7i2.333

The Legal Force of Article 1977 of the Indonesian Civil Code Regarding Ownership of Unregistered Movable Property
type: item
description: Technological and socio-economic developments have generated significant challenges for the application of Article 1977 of the Indonesian Civil Code (Burgerlijk Wetboek/BW), which governs ownership of unnamed movable property. Normatively, this provision stipulates that possession is deemed equivalent to ownership. However, in practice, difficulties arise in relation to modern electronic devices such as mobile phones and laptops, which can be uniquely identified through IMEI codes or serial numbers. This study examines the binding force of Article 1977 of the Civil Code, explores the legal issues associated with the ownership of unnamed movable property, and evaluates the provision’s relevance within the contemporary socio-economic and technological context. The research employs a normative juridical approach, supported by doctrinal analysis, statutory interpretation, and review of empirical literature on movable property ownership. Findings reveal that, although Article 1977 continues to provide formal legal certainty, it fails to adequately address technological advancements. Accordingly, the integration of digital identification mechanisms is essential to ensure substantive justice and safeguard property rights.
subject: Articles
  topic: section
subject: Binding force
  topic: keywords
subject: Article 1977 of the Civil Code
  topic: keywords
subject: Movable property
  topic: keywords
subject: Technology
  topic: keywords
creator: Noer Dini Camelia
creator: Achmad Rifai
creator: Febrina Heryanti
creator: Lutfiadi Lutfiadi
creator: Citra Siwi Hanayanti
rights: Copyright (c) 2025 Muhammad Yunus Abdi, Ramadani Ramadani https://creativecommons.org/licenses/by/4.0
date: 2025-09-08
publication date: 2025-09-08
starting page: 721
ending page: 736
doi: 10.46924/jihk.v7i2.332

Spatial Conflicts Between Protected Rice Fields and Regional Spatial Planning in the Context of Sustainable Agricultural Land Protection
type: item
description: The protection of Protected Rice Fields (LSD) serves as a strategic instrument for safeguarding national food security, as mandated by Law No. 41 of 2009 and Law No. 26 of 2007. However, its implementation is frequently hindered by inconsistencies between satellite-based LSD maps and Regional Spatial Planning (RTRW), resulting in legal uncertainty and economic losses, particularly for parties bound by contracts established prior to the policy’s enactment. This study employs a normative-juridical approach, incorporating legislative, conceptual, and case-based analyses to examine the legal framework, implementation practices, and normative–empirical gaps. The findings reveal weak synchronization between central and regional policies, the absence of derivative regional regulations, and the lack of transitional mechanisms for preexisting contracts. It concludes that effective LSD protection requires policy harmonization, integration into the RTRW, on-site verification, compensation mechanisms, and enhanced public participation to ensure fairness, legal certainty, and the sustainable use of agricultural land
subject: Articles
  topic: section
subject: Land Conversion
  topic: keywords
subject: Non-Agricultural Land
  topic: keywords
subject: Protected Rice Fields
  topic: keywords
creator: Jihan Nurfajrina Radhwa
creator: Waluyo Waluyo
rights: Copyright (c) 2025 Jihan Nurfajrina Radhwa, Waluyo Waluyo https://creativecommons.org/licenses/by/4.0
date: 2025-08-17
publication date: 2025-08-17
starting page: 705
ending page: 720
doi: 10.46924/jihk.v7i2.331

Artificial Intelligence and Criminal Liability: A Preliminary Study within the Indonesian Legal System
type: item
description: The rapid development of Artificial Intelligence (AI) presents significant challenges for Indonesian criminal law, particularly in determining accountability for actions involving AI, whether as an auxiliary tool or as an indirect perpetrator. This study seeks to examine the current criminal law framework, identify deficiencies in the Criminal Code (KUHP), the Electronic Information and Transactions Law (ITE Law), and related regulations, and assess the applicability of alternative liability models, including vicarious liability and strict liability. Employing a normative juridical approach—through the analysis of statutory provisions, legal doctrine, and international case studies—this research finds that national regulations remain predominantly reactive, fail to adequately anticipate the emergence of autonomous AI, and encounter technical evidentiary challenges arising from the ‘black box’ phenomenon. The findings suggest that alternative liability models are better suited to the distinctive characteristics of AI. The study concludes that a responsive reformulation of criminal law norms is essential to ensure legal certainty, protect victims, and facilitate effective law enforcement in the context of AI.
subject: Articles
  topic: section
subject: Artificial Intelligence
  topic: keywords
subject: Criminal Law
  topic: keywords
subject: Criminal Liability
  topic: keywords
creator: Novelina Mutiara Sariati Hutapea
creator: Desy Kartika Caronina Sitepu
creator: Jenriswandi Damanik
creator: Srikandi Karmeli Lusia Sianipar
rights: Copyright (c) 2025 Novelina Mutiara Sariati Hutapea, Desy Kartika Caronina Sitepu, Jenriswandi Damanik, Srikandi Karmeli Lusia Sianipar https://creativecommons.org/licenses/by/4.0
date: 2025-08-10
publication date: 2025-08-10
starting page: 688
ending page: 704
doi: 10.46924/jihk.v7i2.330