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: Challenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious Court Decision Number 5/Pdt.G/2024/PTA.Jb
items: Unlawful Acts in Sales and Purchase Agreements and the Protection of Good-Faith Buyers
items: Arbitration as a Dispute Resolution Mechanism Supporting the Sustainable Development Goals in Private Higher Education
items: The Draft Asset Confiscation Law in the Recovery of State Losses
items: Legal Protection of Child Offenders in Restorative Justice–Based Criminal Investigations
items: The Legal Standing of Land Nominee Agreements from the Perspective of Lawful Cause
items: Dishonorable Removal of a Notary for Breach of Professional Ethics: An Analysis of Decision No. 3/Pdt.G/2022/PN Plk
items: Forgery of Authentic Instruments by Notaries and the Scope of Legal Liability
items: Interfaith Marriage And The Dilemma Of National Legal
items: Assessing Local Government Responsibility in Protecting Traditional Fishermen through Fisheries Insurance
items: Symbolic Participation in Village Budgeting: A Legal Analysis of Community Involvement in Tangkulowi Village
items: Law Enforcement Strategies of the Sragen Police in Combating Cybercrime Against Children
items: Police Discretion in the Management of Public Demonstrations
items: Alcoholic Beverages Distribution in Indonesia
items: The Implementation of Restorative Justice in the Resolution of Minor Criminal Offenses at the Sragen Police Department
items: A Legal Analysis of the Implementation of Law No. 22 of 2022 on Corrections
items: Administrative Control of Illegal Settlements on Former Cemetery Land in Surakarta
items: Drawing the Line: Criminal Responsibility of In-House Legal Counsel
items: Repositioning Gratification as an Ordinary Criminal Offense in Indonesia’s Criminal Law System: a Conceptual Analysis and Directions for Legal Reform
items: Legal Implications and Sanction Enforcement for Violations of Employment Social Security Law
items: Annulment of Arbitral Awards as an Instance of Procedural Abuse
items: Judicial Assessment of Breach in Financing Agreements under Indonesian Contract Law
items: Assessing the Legal Strength of the Exceptio Non Adimpleti Contractus (ENAC) in Residential Sale and Purchase Disputes in Indonesia
items: Has Increasing Penalties for Teachers Achieved the Goal of Protecting Children?
items: Evaluating the Fairness of Police Discretion in the Resolution of Traffic Cases
items: Legal Status of Duplicate Land Certificates and Mechanisms for Their Resolution Under the National Land Law System
items: Examining Indonesian Government Accountability And Mitigation Measures In The 2024 Taxpayer Identification Number Data Breach
items: An Analysis of Investor Legal Protection Against Losses Resulting from System Disruptions in Electronic Stock Transactions
items: Legal Responsibility of Influencers in Unauthorized Product Endorsements
items: The Legitimacy Controversy Surrounding Mass Organizations as Holders of Mining Business Licenses within the Framework of National Mining Law

Challenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious Court Decision Number 5/Pdt.G/2024/PTA.Jb
type: item
description: This study examines the legal implications of the non-enforcement of court decisions in child custody disputes following divorce, focusing on the Jambi High Religious Court Decision Number: 5/Pdt.G/2024/PTA.Jb. Utilizing a normative legal research method, this study analyzes relevant laws and judicial rulings. The findings indicate that although Indonesia has established a comprehensive legal framework for child protection through Law No. 35 of 2014, the execution of child custody decisions continues to face significant challenges. These challenges include inadequate communication between divorced parties, the psychological impact on children, and the lack of criminal sanctions for individuals who fail to comply with court rulings. This study recommends a holistic approach to the enforcement of custody decisions, the strengthening of legal enforcement mechanisms, and enhanced institutional coordination to ensure the effective protection of children's rights after divorce.
subject: Articles
  topic: section
subject: Child Custody
  topic: keywords
subject: Enforcement of Court Decisions
  topic: keywords
subject: Child Protection
  topic: keywords
subject: Divorce
  topic: keywords
creator: Yurnelis Yurnelis
creator: Mulyadi Tanzili
creator: Sofyan Hasan
rights: Copyright (c) 2025 Yurnelis Yurnelis, Mulyadi Tanzili, Sofyan Hasan https://creativecommons.org/licenses/by/4.0
date: 2026-03-12
publication date: 2026-03-12
starting page: 16
ending page: 26
doi: 10.46924/0wnn3x55

Unlawful Acts in Sales and Purchase Agreements and the Protection of Good-Faith Buyers
type: item
description: Sales and Purchase Agreements (Perjanjian Pengikatan Jual Beli—PPJBs) frequently give rise to disputes when legal defects arise in the transfer of land rights, particularly where such defects prejudice buyers acting in good faith. The tension between legal certainty of land ownership and the protection of good-faith parties remains a legal problem that has yet to be fully resolved in judicial practice. This study examines the application of the doctrine of unlawful acts in PPJBs and evaluates the form and effectiveness of legal protection afforded to landowners and good-faith buyers. Employing a normative legal research method, the study adopts statutory, conceptual, and case-based approaches, with particular attention to judicial decisions concerning PPJB disputes. The findings demonstrate that unlawful acts in PPJBs predominantly originate from the bad faith of one of the contracting parties or third parties. At the same time, courts tend to provide proportional protection to good-faith buyers without disregarding the rights of the lawful owner. The study concludes that effective legal protection in PPJB disputes can only be achieved through a balanced application of the principles of good faith and legal certainty within the agrarian law framework.
subject: Articles
  topic: section
subject: Unlawful Acts
  topic: keywords
subject: Sales and Purchase Agreements
  topic: keywords
subject: Legal Protection
  topic: keywords
subject: Good Faith
  topic: keywords
creator: Nabilla Zahra
creator: Ali Abdullah
creator: Diani Kesuma
rights: Copyright (c) 2025 Nabilla Zahra, Ali Abdullah, Diani Kesuma https://creativecommons.org/licenses/by/4.0
date: 2026-01-31
publication date: 2026-01-31
starting page: 1573
ending page: 1586
doi: 10.46924/10.46924/jihk.v7i2.431

Arbitration as a Dispute Resolution Mechanism Supporting the Sustainable Development Goals in Private Higher Education
type: item
description: Private Higher Education Institutions (PTS) in Indonesia are private legal entities with full legal capacity to enter into agreements with third parties, acquire rights, assume obligations, and engage in contractual relations. In its various academic and non-academic activities supporting the Tri Dharma, civil disputes are inevitable. Litigation before the court is still commonly used, yet the judicial process is time-consuming, costly, formalistic, and publicly open to scrutiny—potentially harming institutional reputation. Arbitration emerges as an alternative dispute resolution mechanism that is normatively recognized within Indonesian law, produces final and binding awards, and provides a dispute settlement model that is faster, confidential, flexible, and more compatible with contemporary business needs. This article examines the strategic use of arbitration by PTS as an instrument of good university governance and legal risk management. A clear arbitration clause prevents forum shopping and jurisdictional conflicts before disputes escalate further. Consequently, arbitration should not merely be treated as an optional clause within contracts, but as a deliberate institutional policy to ensure legal certainty, efficiency, and the preservation of institutional credibility
subject: Articles
  topic: section
subject: Arbitration
  topic: keywords
subject: Private University
  topic: keywords
subject: Alternative Dispute Resolution
  topic: keywords
creator: Ahmad Widad Muntazhor
creator: Bia Mangkudilaga
creator: Alya Dean Putri
creator: Muhammad Reza Rivaldo
rights: Copyright (c) 2025 Ahmad Widad Muntazhor, Bia Mangkudilaga, Alya Dean Putri, Muhammad Reza Rivaldo https://creativecommons.org/licenses/by/4.0
date: 2026-01-28
publication date: 2026-01-28
starting page: 1560
ending page: 1572
doi: 10.46924/jihk.v7i2.430

The Draft Asset Confiscation Law in the Recovery of State Losses
type: item
description: Corruption constitutes an extraordinary crime that generates multidimensional harms and significantly undermines state finances. The effectiveness of anti-corruption efforts should be assessed not only through the punishment of offenders but also through the state’s capacity to recover losses by means of asset recovery mechanisms. This study examines efforts to recover state losses within the Indonesian criminal law system, analyzes the normative, structural, and practical obstacles encountered, and evaluates the urgency and relevance of the Asset Confiscation Bill as an alternative legal policy. Employing normative legal research, this study adopts statutory, conceptual, comparative, and case-based approaches. The findings indicate that state loss recovery mechanisms reliant on the criminal punishment of offenders remain suboptimal due to the complexity of corruption offenses and the limitations of existing legal instruments. Accordingly, the enactment of the Asset Confiscation Bill, grounded in an asset-based approach, represents a strategic measure to enhance the effectiveness of state loss recovery.
subject: Articles
  topic: section
subject: State Loss
  topic: keywords
subject: Corruption
  topic: keywords
subject: Asset Forfeiture
  topic: keywords
creator: Rifqi Dwi Bachtiar Rifqi
creator: Hidayatullah Hidayatullah
rights: Copyright (c) 2026 Rifqi Dwi Bachtiar Rifqi, Hidayatullah https://creativecommons.org/licenses/by/4.0
date: 2026-02-09
publication date: 2026-02-09
starting page: 18
ending page: 32
doi: 10.46924/jihk.v8i1.429

Legal Protection of Child Offenders in Restorative Justice–Based Criminal Investigations
type: item
description: Legal protection for children as offenders constitutes a constitutional and statutory mandate that must be effectively realized through a restorative justice–based Juvenile Criminal Justice System. However, in investigative practice, the implementation of such protection continues to encounter various challenges. This study aims to examine the forms of legal protection afforded to child offenders during the investigation process at the Surabaya Police Headquarters, as regulated under the Juvenile Criminal Justice System Law and grounded in restorative justice principles, and to identify both normative and empirical obstacles in order to formulate strategies for optimizing legal protection. This research employs an empirical juridical method using statutory and sociological approaches, with data collected through interviews and document analysis. The findings reveal that legal protection and restorative justice mechanisms have been implemented, albeit not optimally, due to a limited number of specialized child investigators, weak inter-institutional coordination, and low levels of public legal awareness. The study concludes that optimizing legal protection for children requires strengthening institutional capacity, enhancing cross-sector coordination, and improving public legal literacy.
subject: Articles
  topic: section
subject: Legal Protection
  topic: keywords
subject: Juvenile Criminal Justice System
  topic: keywords
subject: Restorative Justice
  topic: keywords
creator: Dodik Wahyono
creator: Gesa Bimantara
creator: Neli Agus Tina
rights: Copyright (c) 2025 Dodik Wahyono, Gesa Bimantara, Neli Agus Tina https://creativecommons.org/licenses/by/4.0
date: 2026-01-16
publication date: 2026-01-16
starting page: 1545
ending page: 1559
doi: 10.46924/jihk.v7i2.426

The Legal Standing of Land Nominee Agreements from the Perspective of Lawful Cause
type: item
description: The practice of borrowed-name agreements in land transactions in Indonesia raises significant concerns regarding contractual validity and legal certainty, particularly when such arrangements are employed to circumvent statutory prohibitions on land ownership. The core issue lies in the discrepancy between the formal structure of the agreement and its substantive purpose, which contravenes agrarian law. This study examines the legal implications of failing to satisfy the requirement of a lawful cause in borrowed-name agreements, formulates a juridical–conceptual framework for assessing their validity through an integration of the doctrine of lawful cause and mandatory principles of agrarian law, and delineates the limits of contractual freedom in land ownership. Employing normative legal research methods, including conceptual analysis, statutory interpretation, and case law review, the study finds that borrowed-name agreements are legally invalid when their purpose is to evade agrarian restrictions, notwithstanding their formal compliance with contractual requirements. The study concludes that the doctrine of lawful cause remains a crucial evaluative instrument for safeguarding the balance between freedom of contract, legal certainty, justice, and public order within the national legal system.
subject: Articles
  topic: section
subject: Borrowed-Name Agreement
  topic: keywords
subject: Freedom of Contract
  topic: keywords
subject: Agrarian Law
  topic: keywords
subject: Lawful Cause
  topic: keywords
creator: Deyosi Faza Shulkhantika
creator: Luthfiyah Trini Hastuti
creator: Isharyanto Isharyanto
rights: Copyright (c) 2025 Deyosi Faza Shulkhantika, Luthfiyah Trini Hastuti, Isharyanto Isharyanto https://creativecommons.org/licenses/by/4.0
date: 2026-01-06
publication date: 2026-01-06
starting page: 1530
ending page: 1544
doi: 10.46924/jihk.v7i2.423

Dishonorable Removal of a Notary for Breach of Professional Ethics: An Analysis of Decision No. 3/Pdt.G/2022/PN Plk
type: item
description: Dishonorable dismissal of a notary constitutes the most severe administrative sanction, directly affecting the continuity of office and the professional legitimacy of notaries as public officials. This study examines the legality of dishonorable dismissal imposed on a notary for ethical violations and evaluates the role of the Regional Supervisory Council within the notarial oversight system, focusing on Decision Number 3/Pdt.G/2022/PN Plk. The research employs a normative legal method using statutory and case-based approaches. Primary and secondary legal materials are analyzed qualitatively through legal interpretation and juridical reasoning. The findings reveal that although the authority to dismiss notaries is normatively regulated under the Notary Office Act, its implementation in the case under study raises significant concerns regarding legal certainty, proportionality of sanctions, and compliance with procedural justice, particularly the right to defense. Furthermore, the Regional Supervisory Council has not functioned optimally as a professional guidance mechanism and tends to operate in a predominantly procedural-administrative manner. This study underscores the need to recalibrate the notarial supervision framework to ensure that dishonorable dismissal is imposed in an accountable, proportional, and legally reasoned manner consistent with the principles of good governance.
subject: Articles
  topic: section
subject: Notary
  topic: keywords
subject: Dishonorable Dismissal
  topic: keywords
subject: Code of Ethics
  topic: keywords
subject: Regional Supervisory Council
  topic: keywords
subject: Procedural Justice
  topic: keywords
creator: Kintan Salma Waluya
creator: Tetti Samosir
creator: Jum Anggriani
rights: Copyright (c) 2025 Kintan Salma Waluya, Tetti Samosir, Jum Anggriani https://creativecommons.org/licenses/by/4.0
date: 2026-01-05
publication date: 2026-01-05
starting page: 1518
ending page: 1529
doi: 10.46924/jihk.v7i2.422

Forgery of Authentic Instruments by Notaries and the Scope of Legal Liability
type: item
description: The forgery of authentic deeds by notaries constitutes a serious legal issue with direct implications for legal certainty and public trust in the civil law system. As public officials, notaries are not only responsible for the formal accuracy of deeds but are also bound by a duty of care in verifying the identities and documents of the parties involved. This article examines the construction of notarial legal liability in cases of authentic deed forgery and the legal consequences arising from deeds executed on the basis of invalid document verification. Employing a normative legal approach, the study analyzes statutory regulations, legal doctrine, and judicial decisions, with particular emphasis on Bandung High Court Decision No. 73/Pid/2023/PT.BDG as a case study. The findings indicate that a notary’s failure to exercise due care, especially within the scope of official authority, may constitute fault giving rise to criminal, civil, and administrative liability. Authentic deeds prepared on the basis of invalid documentation may suffer a degradation of evidentiary value and may lead to the annulment of the legal acts embodied therein. The Bandung High Court decision affirms that the notary’s duty of care serves as a primary benchmark in assessing criminal liability, while also highlighting the need for clearer parameters to distinguish administrative negligence from criminal negligence in order to safeguard legal certainty.
subject: Articles
  topic: section
subject: Notary
  topic: keywords
subject: Authentic Deed
  topic: keywords
subject: Forgery
  topic: keywords
subject: Legal Liability
  topic: keywords
subject: Duty of Care
  topic: keywords
creator: Khadijah Khadijah
creator: Edi Tarsono
creator: Utji Sri Wulan Wuryandari
creator: Agus Surono
rights: Copyright (c) 2025 Khadijah Khadijah, Edi Tarsono, Utji Sri Wulan Wuryandari https://creativecommons.org/licenses/by/4.0
date: 2026-01-05
publication date: 2026-01-05
starting page: 1504
ending page: 1517
doi: 10.46924/jihk.v7i2.421

Interfaith Marriage And The Dilemma Of National Legal
type: item
description: The Indonesian law on interfaith marriage does not explicitly prohibit it, but it also lacks clear legal clarity, leading to confusion and gaps in its implementation. This study employed a qualitative, literature-based research method based on both legislative and comparative approaches. This study compares Indonesia's legal approach with other countries, based on existing laws and community practices. The legal vacuum surrounding interfaith marriage often leads Indonesians to circumvent domestic legal limitations by marrying abroad and re-registering them in Indonesia. Another approach is to marry twice, with each bride and groom representing their respective religions. This reflects the inability of national law to accommodate increasingly pluralistic and cross-border social realities. Strong religious identities, such as Malaysia, explicitly prohibit interfaith marriage through its Islamic family law framework. Conversely, countries with high levels of religious tolerance and strong cultural ties, such as Ethiopia, the United Kingdom, and Singapore, tend to allow freedom of interfaith marriage on the basis of human rights. Indonesian legal policy needs reform to provide legal clarity and be based on community culture, so that community attempts to circumvent the law can be overcome.
subject: Articles
  topic: section
subject: Interfaith Marriage
  topic: keywords
subject: Marriage Law Reform
  topic: keywords
subject: Family Law
  topic: keywords
creator: Uun Kurniasih
creator: Kosim Kosim
creator: Edy Setyawan
rights: Copyright (c) 2026 Uun Kurniasih, Kosim Kosim, Edy Setyawan https://creativecommons.org/licenses/by/4.0
date: 2026-02-18
publication date: 2026-02-18
starting page: 33
ending page: 46
doi: 10.46924/jihk.v8i1.414

Assessing Local Government Responsibility in Protecting Traditional Fishermen through Fisheries Insurance
type: item
description: Traditional fishermen constitute a category of workers exposed to a high level of occupational safety risk, yet they have not received adequate and effective legal protection. One of the policy instruments developed by the state to safeguard fishermen is the fisheries insurance scheme. This study examines the responsibility of local governments in providing legal protection for traditional fishermen through the implementation of fisheries insurance, with a particular focus on Tuban Regency. The research employs an empirical legal method using a socio-legal approach. Data were collected through interviews with local government officials and traditional fishermen, complemented by an analysis of relevant laws and regulations and a review of the existing literature. The findings indicate that although fisheries insurance is supported by a sufficient legal framework, it has not yet functioned as substantive legal protection in practice. Its implementation remains largely administrative, while legal education and assistance with insurance claims are inadequately provided, resulting in legal protection that falls short of delivering legal certainty, tangible benefits, and a sense of security for fishermen.
subject: Articles
  topic: section
subject: Traditional Fishermen
  topic: keywords
subject: Fisheries Insurance
  topic: keywords
subject: Local Government Responsibility
  topic: keywords
subject: Legal Protection
  topic: keywords
creator: Gesa Bimantara
creator: Hanin Alya’ Labibah
creator: Neli Agus Tina
rights: Copyright (c) 2025 Gesa Bimantara, Hanin Alya’ Labibah, Neli Agus Tina https://creativecommons.org/licenses/by/4.0
date: 2025-12-24
publication date: 2025-12-24
starting page: 1493
ending page: 1503
doi: 10.46924/jihk.v7i2.414

Symbolic Participation in Village Budgeting: A Legal Analysis of Community Involvement in Tangkulowi Village
type: item
description: This study analyzes community participation in the preparation of the Village Revenue and Expenditure Budget (APBDes) from the perspective of village governance law. Law Number 6 of 2014 on Villages, as lastly amended by Law Number 3 of 2024, normatively positions community participation as a fundamental principle of democratic and accountable village financial management. Using a normative-empirical legal approach, this research was conducted in Tangkulowi Village, Kulawi District, Sigi Regency. The findings reveal that community participation in APBDes preparation tends to be symbolic. Although formal involvement occurs through deliberative forums, community influence on budget priorities and allocations remains limited. Aspirations from indigenous groups, youth, and women are not adequately reflected in planning and budgeting documents. This symbolic participation weakens the legal legitimacy of the APBDes and reduces accountability and community oversight of village financial management. The study concludes that community participation in APBDes preparation constitutes a legal issue directly related to the quality of village democracy and the legitimacy of village governance.
subject: Articles
  topic: section
subject: Community Participation
  topic: keywords
subject: Village Governance
  topic: keywords
subject: Symbolic Participation
  topic: keywords
subject: Village Law
  topic: keywords
creator: Moh. Yusuf
creator: Retnadumila Saliha
creator: Moh. Ikbal
rights: Copyright (c) 2025 Moh. Yusuf , Retnadumila Saliha, Moh. Ikbal https://creativecommons.org/licenses/by/4.0
date: 2025-12-24
publication date: 2025-12-24
starting page: 1480
ending page: 1492
doi: 10.46924/jihk.v7i2.413

Law Enforcement Strategies of the Sragen Police in Combating Cybercrime Against Children
type: item
description: The rapid development of digital technology has fundamentally transformed patterns of crime against children, thereby necessitating more effective and adaptive prevention strategies by law enforcement agencies. This study is motivated by the increasing vulnerability of children to cyberspace-related crimes and the growing urgency for police institutions to utilize digital platforms as preventive instruments. The objective of this research is to empirically examine the implementation of child crime prevention through digital platforms by the Sragen Police Resort and to analyze the legal, institutional, social, and technological challenges encountered in its execution. This study employs an empirical legal research design with a sociological legal approach, utilizing interviews, observations, and document analysis as primary data collection techniques. The findings indicate that the Sragen Police Resort has implemented preventive measures through social media engagement, cyber patrols, and digitally based public outreach. However, the effectiveness of these initiatives remains constrained by limited digital forensic capacity, inadequate cross-sectoral coordination, and a high incidence of underreporting. This study concludes that strengthening regulatory frameworks, institutional capacity, and inter-agency synergy is a critical prerequisite for enhancing the effectiveness of child crime prevention.
subject: Articles
  topic: section
subject: Crime Prevention
  topic: keywords
subject: Child Cybercrime
  topic: keywords
subject: Digital Platforms
  topic: keywords
subject: Law Enforcement
  topic: keywords
subject: Sragen Police Resort
  topic: keywords
creator: Viki Andi Prasetyo
creator: Hanuring Ayu Ardhani Putri
creator: Muhammad Aziz Zaelani
rights: Copyright (c) 2025 Viki Andi Prasetyo, Hanuring Ayu Ardhani Putri , Muhammad Aziz Zaelani https://creativecommons.org/licenses/by/4.0
date: 2025-12-24
publication date: 2025-12-24
starting page: 1465
ending page: 1479
doi: 10.46924/jihk.v7i2.412

Police Discretion in the Management of Public Demonstrations
type: item
description: Police discretionary authority constitutes a strategic legal instrument for maintaining public order, particularly in managing demonstrations with the potential to disrupt security. Nevertheless, the exercise of discretion may give rise to legal concerns if it is not carried out in accordance with the principles of legality, justice, and the protection of human rights. This study examines the implementation of discretionary authority by the Sragen Police within the framework of applicable laws and regulations and evaluates its conformity with the principles of justice, due process of law, and respect for human rights. Employing a normative–empirical legal methodology, this study adopts statutory, conceptual, and case-based approaches, supported by field data obtained through interviews and a review of relevant literature. The findings indicate that police discretion in Sragen has generally been exercised in a proportional and accountable manner, consistent with the prevailing legal framework and with an emphasis on preventive measures. The study concludes that police discretion functions effectively as an adaptive legal instrument insofar as it remains bounded by legal accountability and professional ethics.
subject: Articles
  topic: section
subject: Discretion
  topic: keywords
subject: Police
  topic: keywords
subject: Public Demonstrations
  topic: keywords
subject: Criminal Law
  topic: keywords
subject: Legality
  topic: keywords
creator: Supriyanto Supriyanto
creator: Femmy Silaswati Faried
creator: Firstnandiar Glica Aini Suniaprily
rights: Copyright (c) 2025 Supriyanto Supriyanto, Femmy Silaswati Faried, Firstnandiar Glica Aini Suniaprily https://creativecommons.org/licenses/by/4.0
date: 2025-12-24
publication date: 2025-12-24
starting page: 1452
ending page: 1464
doi: 10.46924/jihk.v7i2.411

Alcoholic Beverages Distribution in Indonesia
type: item
description: This study analyzes the legal provisions and practices surrounding the distribution of Alcoholic Beverages (Ciu) in Bekonang Village through empirical juridical analysis. The results show that although regulations such as Law No. 18 of 2012 concerning Food and Article 204 of the Criminal Code have established a normative legal framework, there is a wide gap with the reality on the ground (law in action). Ciu remains widely circulated because it has become integrated as a tradition and a source of community income, thus gaining strong social legitimacy. Repressive law enforcement faces complex dilemmas and obstacles due to socio-cultural and economic factors. Efforts by authorities tend to be incidental and fail to address the root of the problem. Therefore, a solely criminal law approach is deemed ineffective and unsustainable. This study concludes that a more comprehensive and integrative policy is needed. The solution lies in reinterpreting regulations that take into account the characteristics of traditional beverages, supported by socio-legal strategies such as health education, business development, and strengthened operational oversight by local governments. Ultimately, a sustainable solution must be able to reconcile formal legal certainty with local wisdom and community economic well-being.
subject: Articles
  topic: section
subject: Legal Analysis
  topic: keywords
subject: Alcoholic Beverages (Ciu)
  topic: keywords
subject: Law in Action
  topic: keywords
creator: Genta Yuris Wicaksono
creator: Hanuring Ayu Ardhani Putri
creator: Firstnandiar Glica Aini Suniaprily
rights: Copyright (c) 2025 Genta Yuris Wicaksono https://creativecommons.org/licenses/by/4.0
date: 2025-12-21
publication date: 2025-12-21
starting page: 1438
ending page: 1451
doi: 10.46924/jihk.v7i2.410

The Implementation of Restorative Justice in the Resolution of Minor Criminal Offenses at the Sragen Police Department
type: item
description: This study aims to examine the implementation of restorative justice in the resolution of minor criminal cases at the Sragen Police Department. The research employs an empirical method using a case study design and a sociological approach that conceptualizes law not merely as a set of written norms but as a social phenomenon operating within society. Data were collected through observations, interviews, and a review of relevant literature focusing on the stages of restorative justice implementation and the factors hindering its effectiveness. The findings indicate that the restorative justice process begins with the submission of a formal request, followed by investigators’ assessment of case eligibility, a mediation process to achieve mutual agreement, and the formalization of the outcome through a written agreement between the parties. However, its implementation faces several obstacles, including limited institutional resources, insufficient understanding among law enforcement officers, disagreements among the parties involved, logistical and scheduling constraints, time limitations, and public perceptions of justice that generate skepticism toward restorative mechanisms. Accordingly, effective solutions are required. The Sragen Police Department should strengthen institutional commitment and regulatory frameworks to ensure that restorative justice is implemented effectively and develops into an embedded organizational culture.
subject: Articles
  topic: section
subject: Restorative Justice
  topic: keywords
subject: Minor Criminal Offenses
  topic: keywords
subject: Sragen Police Department
  topic: keywords
creator: Ghulam Muhammad Abdi
creator: Hanuring Ayu Ardhani Putri
creator: Suparwi Suparwi
rights: Copyright (c) 2025 Ghulam Muhammad Abdi, Hanuring Ayu Ardhani Putri, Suparwi Suparwi https://creativecommons.org/licenses/by/4.0
date: 2025-12-21
publication date: 2025-12-21
starting page: 1424
ending page: 1437
doi: 10.46924/jihk.v7i2.409

A Legal Analysis of the Implementation of Law No. 22 of 2022 on Corrections
type: item
description: This study examines the implementation of Law No. 22 of 2022 on Corrections, focusing on inmate development at the Class IIA Sragen Correctional Institution. An empirical juridical method was employed using statutory and empirical approaches to assess the alignment between correctional legal norms and their practical application. Data were collected through interviews, observation, documentation, and literature review. The findings indicate that inmate development has been oriented toward social reintegration through personality and self-reliance programs. However, its implementation has not been optimal due to limitations in facilities and infrastructure, shortages of qualified personnel, overcrowding, limited community support, and ineffective administrative procedures. These findings demonstrate that inmate development has not yet been fully supported by an integrated correctional system. Accordingly, strengthening correctional policies is necessary through improving human resource capacity, enhancing facilities, simplifying administrative mechanisms, and reinforcing cross-sectoral collaboration to support effective social reintegration of inmates in accordance with the objectives of the correctional system.
subject: Articles
  topic: section
subject: Corrections
  topic: keywords
subject: Inmate Development
  topic: keywords
subject: Social Reintegration
  topic: keywords
subject: Prison
  topic: keywords
creator: Supardi Supardi
creator: Hanuring Ayu Ardhani Putri
creator: Firstnandiar Glica Aini Suniaprily
rights: Copyright (c) 2025 Supardi Supardi, Hanuring Ayu Ardhani Putri, Firstnandiar Glica Aini Suniaprily https://creativecommons.org/licenses/by/4.0
date: 2025-12-20
publication date: 2025-12-20
starting page: 1409
ending page: 1423
doi: 10.46924/jihk.v7i2.408

Administrative Control of Illegal Settlements on Former Cemetery Land in Surakarta
type: item
description: Illegal settlements in the former Bong Mojo cemetery area of Jebres, Surakarta, constitute a significant challenge to urban spatial planning. The construction of unauthorized buildings on land held under Right of Use (Hak Pakai) status reflects high housing demand, weak regulatory oversight, and insufficient enforcement of land law. This study examines the role of the Surakarta City Office of Housing, Settlement Areas, and Land Affairs in addressing the misuse of Hak Pakai land and identifies the institutional and practical obstacles encountered. Employing an empirical legal research design with a qualitative approach, data were collected through field observations, in-depth interviews, and document analysis. The findings indicate that the agency plays a strategic role in supervision, data management, law enforcement, and cross-sectoral coordination. However, implementation is constrained by limited institutional capacity, community resistance, complex land tenure arrangements, and low levels of regulatory compliance. High housing demand coupled with limited purchasing power further incentivizes illegal land use. This study underscores the need to strengthen spatial control policies, enhance inter-agency coordination, and expand access to affordable housing in order to promote orderly land use and ensure legal certainty in Surakarta.
subject: Articles
  topic: section
subject: Informal housing
  topic: keywords
subject: Right of Use,
  topic: keywords
subject: land administration
  topic: keywords
subject: spatial planning
  topic: keywords
subject: Housing and Settlement Affairs Office
  topic: keywords
creator: Dina Wahyu Pamungkasari
creator: Femmy Silaswati Faried
creator: Muhammad Aziz Zaelani
rights: Copyright (c) 2025 Dina Wahyu Pamungkasari, Femmy Silaswati Faried, Muhammad Aziz Zaelani https://creativecommons.org/licenses/by/4.0
date: 2025-12-19
publication date: 2025-12-19
starting page: 1397
ending page: 1408
doi: 10.46924/jihk.v7i2.404

Drawing the Line: Criminal Responsibility of In-House Legal Counsel
type: item
description: The criminal prosecution of in-house legal counsel in corporate cases has generated significant debate concerning the boundaries of criminal liability within the legal profession in Indonesia, particularly where legal opinions serve as the basis for corporate policy decisions. This study examines the legal limits of criminal liability for in-house legal counsel, evaluates the legal character of legal opinions in relation to the concept of deelneming, and critically analyzes the judicial reasoning in Decision Number 534/Pid.B/2024/PN Jakarta Selatan. Employing a normative legal research method with statutory, conceptual, and case-based approaches, this study finds that the criminal liability of in-house legal counsel is determined by causal contribution and substantive intent rather than by formal position alone. Legal opinions may give rise to criminal liability when they function as instruments of legitimacy for unlawful conduct. The study concludes that the decision adopts a functional approach to professional legal accountability and underscores the necessity of clear normative boundaries to prevent the excessive criminalization of in-house legal counsel.
subject: Articles
  topic: section
subject: In-House Legal Counsel
  topic: keywords
subject: Legal Opinion
  topic: keywords
subject: Corporate Criminal Liability
  topic: keywords
subject: Deelneming
  topic: keywords
creator: Febriyani Febriyani
creator: Boedi Prasetyo
rights: Copyright (c) 2025 Febriyani Febriyani, Boedi Prasetyo https://creativecommons.org/licenses/by/4.0
date: 2025-12-18
publication date: 2025-12-18
starting page: 1367
ending page: 1380
doi: 10.46924/jihk.v7i2.402

Repositioning Gratification as an Ordinary Criminal Offense in Indonesia’s Criminal Law System: a Conceptual Analysis and Directions for Legal Reform
type: item
description: Gratification under the Indonesian Anti-Corruption Law (Undang-Undang Pemberantasan Tindak Pidana Korupsi) is classified as a special criminal offense characterized by a repressive approach, a broad legal definition, and the application of a reverse burden of proof. This regulatory framework raises normative concerns following the enactment of the 2023 National Criminal Code (Kitab Undang-Undang Hukum Pidana), which emphasizes the principles of legality, culpability, and proportionality in sentencing. This study aims to examine the legal construction of gratification, identify regulatory disharmony between the Anti-Corruption Law and the National Criminal Code, and assess the urgency of reformulating the legal status of gratification within the Indonesian criminal law system. Employing a normative juridical method with statutory, conceptual, and comparative approaches, the study finds a paradigmatic divergence and a heightened risk of overcriminalization resulting from the absence of a clearly defined mens rea element. The study concludes that reclassifying gratification as an ordinary criminal offense with differentiated sanctions is necessary to achieve a just, consistent, and effective criminal justice system.
subject: Articles
  topic: section
subject: Corruption Offenses,
  topic: keywords
subject: Criminal Law,
  topic: keywords
subject: Criminal Offenses,
  topic: keywords
subject: Ordinary Criminal Offenses
  topic: keywords
creator: Alendra Alendra
creator: Agus Irawan
creator: Iin Pebrianto
creator: Hendra Bustari
creator: Salman Adrian
rights: Copyright (c) 2026 Alendra Alendra, Agus Irawan, Iin Pebrianto, Hendra Bustari, Salman Adrian https://creativecommons.org/licenses/by/4.0
date: 2026-02-28
publication date: 2026-02-28
starting page: 1
ending page: 17
doi: 10.46924/jihk.v8i1.393

Legal Implications and Sanction Enforcement for Violations of Employment Social Security Law
type: item
description: The right to Employment Social Security constitutes a concrete manifestation of human rights as guaranteed under Article 28H(3) of the 1945 Constitution. The state fulfills this mandate through the National Social Security System administered by the Social Security Agency (BPJS), with Article 15(1) of the BPJS Law requiring companies to register both themselves and their workers. However, numerous violations—ranging from the deprivation of workers’ rights in Solo related to BSU and JHT benefits to cases of maladministration and contribution embezzlement at PT WIN and CNN Indonesia—reveal a significant gap between normative provisions and actual implementation. This study examines the legal consequences faced by companies that fail to comply with Jamsostek membership obligations and evaluates the effectiveness of sanctions under Law No. 24 of 2011. Using a normative-juridical method, the study identifies three principal legal consequences: progressive administrative sanctions, the obligation to provide full benefits to affected workers, and criminal sanctions, including dual liability for corporations and their managers. Although the legal framework is comprehensive, its effectiveness remains low due to weak supervisory mechanisms and slow criminal enforcement.
subject: Articles
  topic: section
subject: Employment Social Security
  topic: keywords
subject: Legal Sanctions
  topic: keywords
subject: Legal Effectiveness
  topic: keywords
creator: Sandra Dwi Putri Pahlawan
creator: Rasji Rasji
rights: Copyright (c) 2025 Sandra Dwi Putri Pahlawan, Rasji Rasji https://creativecommons.org/licenses/by/4.0
date: 2025-12-13
publication date: 2025-12-13
starting page: 1342
ending page: 1353
doi: 10.46924/jihk.v7i2.396

Annulment of Arbitral Awards as an Instance of Procedural Abuse
type: item
description: Arbitration is a dispute resolution mechanism that guarantees finality and legal certainty for business actors. However, in practice, the annulment mechanism regulated under Article 70 of Law Number 30 of 1999 is often misused by the losing party to delay or evade the enforcement of an arbitral award. This research employs a normative juridical method with a conceptual and statutory approach to analyze how such misuse constitutes an abuse of process. The findings indicate that bad-faith annulment practices undermine the principle of finality, reduce public trust in arbitration, and create legal uncertainty. Therefore, a restrictive interpretation of annulment provisions and a stronger application of the principle of good faith are necessary to prevent procedural abuse within Indonesia’s arbitration system.
subject: Articles
  topic: section
subject: Arbitration
  topic: keywords
subject: Annulment of Award
  topic: keywords
subject: Abuse of Process
  topic: keywords
subject: Good Faith
  topic: keywords
subject: Legal Certainty
  topic: keywords
creator: Budiman Rigel
creator: Gatot P Soermartono
rights: Copyright (c) 2025 Budiman Rigel, Gatot P Soermartono https://creativecommons.org/licenses/by/4.0
date: 2025-12-13
publication date: 2025-12-13
starting page: 1330
ending page: 1341
doi: 10.46924/jihk.v7i2.395

Judicial Assessment of Breach in Financing Agreements under Indonesian Contract Law
type: item
description: This study examines legal protection in investment financing defaults through the South Jakarta District Court Decision No. 1216/Pdt.G/2024/PN Jkt.Sel. The dispute arose when the debtor, CV Niaga Traktor Utama, failed to fulfill installment obligations to PT Woori Finance Indonesia Tbk. Using a normative legal method with qualitative analysis, this research reviews primary and secondary legal sources. The findings show that creditor protection operates preventively through prudential assessment, collateral binding, and protective contractual clauses, and repressively through default claims and collateral execution. The debtor’s liability is grounded in fault-based responsibility, requiring compensation, surrender of collateral, and payment of litigation costs when obligations are unmet without justification. The decision reinforces pacta sunt servanda by upholding creditor rights while ensuring fairness and proportionality.
subject: Articles
  topic: section
subject: Legal Protection
  topic: keywords
subject: Default
  topic: keywords
subject: Financing Agreement
  topic: keywords
creator: Sandra Rusli
creator: Gunawan Djajaputra
rights: Copyright (c) 2025 Sandra Rusli, Gunawan Djajaputra https://creativecommons.org/licenses/by/4.0
date: 2025-12-13
publication date: 2025-12-13
starting page: 1318
ending page: 1329
doi: 10.46924/jihk.v7i2.392

Assessing the Legal Strength of the Exceptio Non Adimpleti Contractus (ENAC) in Residential Sale and Purchase Disputes in Indonesia
type: item
description: Disputes over home sales and purchases constitute one of the most common forms of contractual conflict, particularly when one party fails to fulfill its obligations under the agreement. In this context, the exceptio non adimpleti contractus (ENAC) serves as a crucial mechanism for maintaining a balance of rights and obligations. This study aims to analyze the legal foundations, concepts, and principles of ENAC as reflected in the Civil Code, scholarly doctrine, and jurisprudence, and to examine its application in home sale and purchase disputes through judicial interpretation and evidentiary patterns related to default. Employing normative legal research methods with statutory, doctrinal, and case-based approaches, the study finds that ENAC is consistently applied by judges through the principles of proportionality, good faith, and the evidentiary strength of documentary proof. These findings confirm that ENAC plays a significant role in ensuring legal protection and preventing contractual inequities. The study concludes that the application of ENAC reinforces legal certainty and promotes compliance with contractual obligations in property transactions in Indonesia.
subject: Articles
  topic: section
subject: Exceptio Non Adimpleti Contractus
  topic: keywords
subject: Home Sale and Purchase Disputes
  topic: keywords
subject: Default
  topic: keywords
creator: Niko Wijaya
creator: Benny Djaja
rights: Copyright (c) 2025 Niko Wijaya, Benny Djaja https://creativecommons.org/licenses/by/4.0
date: 2025-12-12
publication date: 2025-12-12
starting page: 1304
ending page: 1317
doi: 10.46924/jihk.v7i2.389

Has Increasing Penalties for Teachers Achieved the Goal of Protecting Children?
type: item
description: Cases of child molestation involving teachers have increased, raising serious concerns regarding the effectiveness of Indonesia’s child protection system. As individuals who occupy positions of authority that may be misused, teachers’ criminal liability requires a focused analysis within the framework of Indonesian criminal law. This study examines the forms of criminal liability applicable to teachers who commit child molestation by analyzing the elements of the offense, the principle of culpability, and the scope of their legal responsibility. It also evaluates the implementation of enhanced penalties under Law No. 35 of 2014 and Law No. 17 of 2016, which classify power imbalances as an aggravating factor. Employing a normative juridical method with statutory, conceptual, and case-based approaches, the study finds that teachers possess full legal capacity and that enhanced penalties are consistently imposed, as power relations are deemed to intensify victimization. In conclusion, the normative foundation for imposing criminal liability and enhanced penalties on teachers who commit child molestation is strong, although greater consistency in application remains necessary.
subject: Articles
  topic: section
subject: Criminal Liability
  topic: keywords
subject: Enhanced Penalties
  topic: keywords
subject: Child Molestation
  topic: keywords
subject: Accountability
  topic: keywords
creator: Esmeralda Katmini
creator: Rugun Romaida Hutabarat
rights: Copyright (c) 2025 Esmeralda Katmini, Rugun Romaida Hutabarat https://creativecommons.org/licenses/by/4.0
date: 2025-12-12
publication date: 2025-12-12
starting page: 1290
ending page: 1303
doi: 10.46924/jihk.v7i2.388

Evaluating the Fairness of Police Discretion in the Resolution of Traffic Cases
type: item
description: The discretionary authority of the Indonesian National Police (Polri) serves as a critical instrument in handling traffic-related criminal cases. Nevertheless, its implementation frequently raises debates concerning legal boundaries, accountability, and the consistency of field practices. This study aims to analyze the legal foundations and normative regulations governing police discretion and to examine the forms and mechanisms of its implementation at the Sragen Police Resort. Employing an empirical juridical method supplemented with normative analysis and in-depth interviews with investigators, the study finds that police discretion rests on a strong legal framework, including Law No. 2 of 2002, the Criminal Procedure Code (KUHAP), and the Law on Road Traffic and Transportation (UULAJ). However, its practical application is significantly shaped by legal considerations, social context, and the judgment of individual investigators. A Restorative Justice approach emerges as the dominant model in resolving traffic cases. The study concludes that discretion functions effectively as a tool for achieving substantive justice, although more standardized technical guidelines are required to ensure greater uniformity and accountability in law enforcement practices.
subject: Articles
  topic: section
subject: Police Discretion
  topic: keywords
subject: Traffic Crimes
  topic: keywords
subject: Restorative Justice
  topic: keywords
subject: Law Enforcement Accountability
  topic: keywords
creator: Dany Syahtama
creator: Hanuring Ayu Ardhani Putri
creator: Firstnandiar Glica Aini
rights: Copyright (c) 2025 Dany Syahtama, Hanuring Ayu Ardhani Putri, Firstnandiar Glica Aini https://creativecommons.org/licenses/by/4.0
date: 2025-12-11
publication date: 2025-12-11
starting page: 1277
ending page: 1289
doi: 10.46924/jihk.v7i2.387

Legal Status of Duplicate Land Certificates and Mechanisms for Their Resolution Under the National Land Law System
type: item
description: This study examines the legal status of duplicate land certificates for the same parcel and the mechanisms available for resolving such issues within the Indonesian land law system. Employing a normative juridical method with statutory, conceptual, and case-study approaches, the study evaluates the validity of certificate issuance, procedural compliance, and the evidentiary basis used to determine the rightful owner. The findings show that duplicate certificates typically arise from inconsistencies between physical and legal records, procedural irregularities, or unlawful actions during the land registration process. Resolution may be pursued through administrative procedures at the National Land Agency (BPN) or through litigation in administrative, civil, or criminal courts. Administrative procedures enable the correction or annulment of certificates issued with procedural defects, whereas litigation provides legal certainty in disputes over substantive rights or allegations of forgery. The study underscores the need for greater integrity in the certificate issuance process, as well as enhanced coordination and law enforcement to prevent the occurrence of duplicate certificates.
subject: Articles
  topic: section
subject: Duplicate Certificates
  topic: keywords
subject: Land Registration
  topic: keywords
subject: Administrative Law
  topic: keywords
subject: Legal Certainty
  topic: keywords
subject: Dispute Resolution
  topic: keywords
creator: Michael Christhopher
creator: Benny Djaja
rights: Copyright (c) 2025 Michael Christhopher, Benny Djaja https://creativecommons.org/licenses/by/4.0
date: 2025-12-11
publication date: 2025-12-11
starting page: 1249
ending page: 1261
doi: 10.46924/jihk.v7i2.386

Examining Indonesian Government Accountability And Mitigation Measures In The 2024 Taxpayer Identification Number Data Breach
type: item
description: This study examines the Indonesian government’s accountability for the 2024 Taxpayer Identification Number (NPWP) data breach and evaluates the implementation of personal data protection obligations under the Personal Data Protection Law (PDP Law). Using a normative legal research method with statutory, conceptual, and case-based approaches, the study finds that the Directorate General of Taxes (DGT) has not fully met its duties as a Personal Data Controller. The large-scale breach, involving more than six million records, reveals weaknesses in access control, Data Protection Impact Assessments (DPIAs), privacy-by-design practices, and breach notification procedures. The PDP Law provides administrative, civil, and criminal liability mechanisms for negligent actors, all of which may be applied cumulatively. The findings indicate a significant gap between legal norms and administrative practice, undermining public trust and limiting the effectiveness of the PDP Law in safeguarding personal data.
subject: Articles
  topic: section
subject: Personal Data Protection
  topic: keywords
subject: NPWP Breach
  topic: keywords
subject: PDP Law
  topic: keywords
subject: Government Accountability
  topic: keywords
subject: Legal Liability
  topic: keywords
creator: Hamzah Haikal Riziq Alwi Alatas
creator: Gunawan Djajaputra
rights: Copyright (c) 2025 Hamzah Haikal Riziq Alwi Alatas, Gunawan Djajaputra https://creativecommons.org/licenses/by/4.0
date: 2025-12-11
publication date: 2025-12-11
starting page: 1234
ending page: 1248
doi: 10.46924/jihk.v7i2.385

An Analysis of Investor Legal Protection Against Losses Resulting from System Disruptions in Electronic Stock Transactions
type: item
description: The digitalization of the Indonesian capital market, while promising easy access and efficient electronic stock transactions, actually makes investors vulnerable to system disruptions such as broker application downtime or IDX server failures. This research uses a normative-juridical research method. Legal frameworks such as the Capital Market Law, the Financial Services Authority (OJK) Law, and the Electronic Information and Transactions (ITE) Law appear normatively comprehensive, but fail to provide substantive protection due to weak enforcement, minimal standards for proportional compensation, and reliance on technical evidence that is difficult for investors to obtain. Responsible providers often escape accountability through the pretext of force majeure, while the OJK, as a regulator, is less proactive in technology audits and strict sanctions, shifting the burden of risk to novice investors. Settlement through LAPS-SJK mediation or litigation is also ineffective, as the process is asymmetric and rarely results in real justice. Urgent reforms are needed, mandating transparency in digital infrastructure and automatic redress mechanisms to prevent losses from this technological innovation.
subject: Articles
  topic: section
subject: Investor Protection
  topic: keywords
subject: System Disruption
  topic: keywords
subject: Legal Liability
  topic: keywords
creator: Tristan Canari Joseph Sinatra
creator: Gunawan Djajaputra
rights: Copyright (c) 2025 Tristan Canari Joseph Sinatra, Gunawan Djajaputra https://creativecommons.org/licenses/by/4.0
date: 2025-12-11
publication date: 2025-12-11
starting page: 1220
ending page: 1233
doi: 10.46924/jihk.v7i2.384

Legal Responsibility of Influencers in Unauthorized Product Endorsements
type: item
description: The rise of digital marketing has increased the use of influencers to promote products, including health products, cosmetics, and supplements. The phenomenon of covert endorsement, promoting products without BPOM (Indonesian Food and Drug Authority) approval, poses legal and consumer safety risks. This study analyzes covert endorsement practices within the framework of toxic influencer marketing and examines influencers’ legal accountability under Law No. 17 of 2023 on Health and consumer protection principles. Using normative legal research with statutory, conceptual, and relevant empirical case analysis, the study finds that influencers hold a strategic position in influencing consumer behavior, making a duty of care inherent in their promotional activities. Influencers may be held administratively, civilly, or criminally liable if promoting unregistered products that harm consumers. The study emphasizes the need to strengthen regulations, establish product verification standards, and ensure transparency in promotions to protect the public from toxic influencer marketing risks.
subject: Articles
  topic: section
subject: Influencer
  topic: keywords
subject: Product Registration
  topic: keywords
subject: Toxic Influencer Marketing
  topic: keywords
subject: Legal Accountability
  topic: keywords
subject: Consumer Protection
  topic: keywords
creator: Vinshen Saputra
creator: Moddy Rizqy Syailendra Putra
rights: Copyright (c) 2025 Vinshen Saputra, Moddy Rizqy Syailendra Putra https://creativecommons.org/licenses/by/4.0
date: 2025-12-10
publication date: 2025-12-10
starting page: 1208
ending page: 1219
doi: 10.46924/jihk.v7i2.383

The Legitimacy Controversy Surrounding Mass Organizations as Holders of Mining Business Licenses within the Framework of National Mining Law
type: item
description: This study analyzes the legitimacy of religious-based organizations (ormas) as holders of mining business permits under Law Number 2 of 2025, the Fourth Amendment to Law Number 4 of 2009 on Mineral and Coal Mining. Using a normative juridical approach, it evaluates the policy’s alignment with the constitutional principles of Article 33 of the 1945 Constitution and the framework of good mining governance. The findings indicate that prioritizing Special Mining Business Permit Areas (WIUPK) for business entities owned by religious organizations is formally recognized but substantively fragile. The policy creates risks of political clientelism, conflicts of interest, and environmental harm due to insufficient technical capacity and weak oversight. Normatively, it does not fulfill the constitutional mandate to promote public welfare but instead opens pathways for abuses of authority and the politicization of religion. Strengthening implementing regulations is essential to ensure transparency, accountability, and environmental sustainability in natural resource management.
subject: Articles
  topic: section
subject: Legitimacy of Religious Organizations
  topic: keywords
subject: Mining Governance
  topic: keywords
subject: Abuse of Power
  topic: keywords
creator: Vivian Clarosa
creator: Rasji Rasji
rights: Copyright (c) 2025 Vivian Clarosa, Rasji Rasji https://creativecommons.org/licenses/by/4.0
date: 2025-12-10
publication date: 2025-12-10
starting page: 1197
ending page: 1207
doi: 10.46924/jihk.v7i2.382