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!
PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua
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Implementation of Special Correctional Telecommunication Services in Safeguarding Inmates’ Communication Rights
The fulfillment of inmates’ communication rights is a fundamental aspect of human rights protection within Indonesia’s correctional system under Law No. 22 of 2022 on Corrections. This study examines the legal basis and implementation of the Special Correctional Telecommunications Service (Warung Telekomunikasi Khusus Pemasyarakatan or Wartelsus) at the Class I Surabaya Correctional Institution. Using an empirical legal research design with a socio-legal approach, data were collected through observations, semi-structured interviews, document analysis, and a review of relevant legal literature. The findings indicate that Wartelsus has been implemented in accordance with statutory regulations through standardized procedures, effective supervision, and equitable access policies, including complimentary communication vouchers for economically disadvantaged inmates. The study concludes that Wartelsus effectively safeguards inmates’ communication rights while supporting rehabilitation, social reintegration, institutional security, and the broader protection of human rights within Indonesia’s correctional system.
Copyright (c) 2026 Endang Ismindari https://creativecommons.org/licenses/by/4.0
Legal Protection for Victims of Unilateral Cancellation of Marriage Following Engagement
The unilateral cancellation of marriage following engagement may cause significant legal harm because Indonesian law does not explicitly regulate pre-marital legal relationships. This study examines the legal consequences of such cancellations and evaluates the effectiveness of existing legal protection under Law No. 1 of 1974 on Marriage, as amended by Law No. 16 of 2019, Articles 58 and 1365 of the Indonesian Civil Code, relevant legal doctrines, and judicial precedents. Using a normative legal research method with statutory, conceptual, and case approaches, the study analyzes primary, secondary, and tertiary legal materials. The findings indicate that unilateral cancellation following engagement constitutes a tort by causing economic, non-economic, social, psychological, and cultural harm. The current legal framework remains predominantly remedial, creating legal uncertainty. Therefore, regulatory reform is needed to establish integrated preventive and remedial legal protection for affected parties.
Copyright (c) 2026 Roy Ronny Lembong, Harly Stanly Muaja, Hironimus Tororeh https://creativecommons.org/licenses/by/4.0
Organizing Cyber Justice for Children within Indonesia’s Juvenile Justice System
The rapid advancement of digital technology has increased children’s involvement in cybercrime as both victims and offenders, creating challenges for Indonesia’s juvenile justice system. This study examines the legal framework governing juvenile cybercrime, evaluates law enforcement practices at the Surakarta District Court, and proposes an adaptive child-centered justice model. Using an empirical legal method with a socio-legal approach, the research analyzes legislation, court decisions, documentary evidence, and semi-structured interviews with law enforcement officials. The findings reveal incomplete harmonization among the Electronic Information and Transactions (EIT) Law, the Juvenile Criminal Justice System Law, and the Child Protection Law, limiting the effective implementation of diversion and restorative justice. Persistent normative, institutional, technical, and sociological barriers further reduce enforcement effectiveness. The study concludes that regulatory harmonization, stronger institutional capacity, modern digital infrastructure, and an integrated child protection ecosystem are essential for an effective juvenile cyber justice system.
Copyright (c) 2026 Grendy Gildan , Hanuring Ayu Ardhani Putri, Femmy Silaswaty https://creativecommons.org/licenses/by/4.0
A Synchronization Model of Distributive Justice in Motor Vehicle Tax Regulation
Motor Vehicle Tax (Pajak Kendaraan Bermotor/PKB) is a major source of regional revenue in Indonesia. However, the current administrative mechanism for determining the Motor Vehicle Sales Value (Nilai Jual Kendaraan Bermotor/NJKB) fails to adequately reflect the economic depreciation of vehicles, creating potential distributive injustice in tax assessment. This study examines the synchronization of PKB regulations, identifies inconsistencies between the administratively determined NJKB and actual market value, and develops a regulatory reconstruction model based on Hans Kelsen’s theory of the hierarchy of legal norms and John Rawls’s theory of distributive justice. Using a normative legal methodology with statutory, conceptual, and comparative approaches, the study finds that substantive regulatory inconsistencies remain despite formal legal synchronization. It proposes a Distributive Justice-Based Synchronization Model that strengthens statutory norms, adopts market-responsive depreciation, harmonizes implementing regulations, and promotes a fairer, more legally certain regional tax system.
Copyright (c) 2026 Yuni Puspitasari , Nadir Nadir , Win Yuli Wardani https://creativecommons.org/licenses/by/4.0
Reconstructing Legal Protection for Deepfake Victims in Indonesia
The rapid advancement of artificial intelligence (AI), particularly deepfake video technology, presents significant challenges to the protection of privacy, digital identity, and legal certainty. These challenges are exacerbated by the absence of a comprehensive legal framework governing deepfakes under Indonesian law. This study aims to analyze the regulation of deepfake technology under the Electronic Information and Transactions (ITE) Law, the Personal Data Protection Law, and the Indonesian Criminal Code; evaluate the effectiveness of existing legal protection for deepfake victims; and formulate a cyber law–based legal protection model. This research employs a normative legal methodology using qualitative analysis through statutory, conceptual, case, and comparative approaches. The findings indicate that the current legal framework remains fragmented and fails to provide a clear legal definition of deepfakes, standardized digital forensic procedures, an effective takedown-and-staydown mechanism, or an integrated system of victim protection. In response to these shortcomings, this study proposes a Legal Protection Model for Deepfake Video Victims Based on the Deepfake Life Cycle, integrating preventive, repressive, and restorative legal approaches. The proposed model is intended to strengthen legal certainty, safeguard digital identity, enhance the effectiveness of cyber law enforcement, and ensure comprehensive protection and recovery for victims of deepfake-related offenses.
Copyright (c) 2026 Fathah Oscar , Femmy Silaswaty, Hanuring Ayu Ardhani Putri https://creativecommons.org/licenses/by/4.0
Reconstructing Taxpayer Data Protection Through a Cyber-Restorative State Accountability Framework
The digital transformation of tax administration has significantly improved the efficiency of public services; however, it has also heightened the risk of taxpayer data breaches involving highly sensitive personal and financial information. This study aims to examine the legal status of taxpayer data, identify the fragmentation of the regulatory framework governing taxpayer data protection, analyze state responsibility from a cyber law perspective, and develop a cyber-restorative state accountability framework. The research employs a normative legal methodology using statutory, conceptual, and comparative approaches. Data are analyzed prescriptively through systematic legal interpretation. The findings indicate that taxpayer data simultaneously constitute specific personal data, confidential tax information, and electronic information, each protected under multiple legal regimes. Nevertheless, the existing regulatory framework remains fragmented, resulting in inconsistencies in legal protection and state accountability. To address these shortcomings, this study proposes a cyber-restorative state accountability framework that integrates preventive measures, cybersecurity governance, breach notification, incident investigation, data recovery, and compensation mechanisms. The study concludes that reconstructing the legal framework based on this model is essential for strengthening legal certainty, enhancing state accountability, and fostering public trust in digital tax administration.
Copyright (c) 2026 Imam Cahyo Pornomo, Ismiyanto Ismiyanto, Hafid Zakariya https://creativecommons.org/licenses/by/4.0
Legal Certainty for Digital Investors Through the Reconstruction of SupTech Based on Electronic System Reliability
Digital transformation has significantly increased the number of retail investors in Indonesia while simultaneously amplifying the risk of financial losses resulting from failures in digital investment service systems. However, the existing legal framework has not yet established adequate standards for ensuring the reliability of electronic systems. This study aims to analyze the regulatory framework governing cybersecurity and the financial services sector in providing legal protection for retail investors and to formulate a supervisory reconstruction model for the Financial Services Authority through the adoption of Electronic-Based Government System (SPBE) principles as the foundation for the development of Supervisory Technology (SupTech). This research employs a normative legal method using statutory, conceptual, analytical, and comparative approaches. The findings reveal regulatory gaps concerning electronic system reliability standards, parameters for determining system failures, and the allocation of liability among digital investment service providers. This study proposes a SupTech-based supervisory model that strengthens legal certainty, enhances preventive legal protection for retail investors, and promotes more accountable, transparent, and resilient digital investment governance.
Electronic-Based Government System (SPBE)
Copyright (c) 2026 Michael Lauvino, Ismiyanto Ismiyanto, Ariy Khaerudin https://creativecommons.org/licenses/by/4.0
Influencer Liability for the Dissemination of Online Gambling Through Electronic Systems
The rapid growth of social media has significantly expanded the dissemination of online gambling promotions through electronic systems, with influencers playing an increasingly prominent role. This development raises important questions regarding the adequacy of Indonesia’s legal framework and the scope of criminal liability applicable to influencers engaged in such promotional activities. This study examines the adequacy of Indonesia’s legal regulations governing the promotion of online gambling through electronic systems and develops a framework for influencer liability based on H.L.A. Hart’s (1968) theory of criminal responsibility. Employing a normative legal research method, the study adopts statutory, conceptual, and case approaches through the analysis of legislation, judicial decisions, and legal doctrine. The findings indicate that the harmonization between the Indonesian Criminal Code and Law Number 1 of 2024 on Electronic Information and Transactions provides a sufficient legal foundation for addressing online gambling promotion. However, the existing regulatory framework does not explicitly govern promotional activities conducted by influencers in digital environments. To address this gap, the study proposes a framework of criminal liability based on four essential elements: a valid legal basis, the existence of culpability, criminal responsibility, and the absence of grounds for exculpation. This framework enhances legal certainty while strengthening the effectiveness of criminal law enforcement against the dissemination of online gambling promotions through electronic systems in Indonesia.
Copyright (c) 2026 Rizky Ardhya Garini, Hanuring Ayu Ardhani , Hafiz Zakariya https://creativecommons.org/licenses/by/4.0
Reconstructing Digital Tax Oversight of Content Creators in Indonesia
The rapid expansion of the digital economy has significantly increased the number of content creators as taxpayers while simultaneously accelerating the Directorate General of Taxes’ (DGT) adoption of digital technologies to monitor tax compliance. One such mechanism involves the use of publicly accessible social media content, which continues to raise concerns regarding legal certainty and the limits of governmental authority. This study aims to analyze the legal framework governing the tax reporting obligations of content creators and to examine the legal ambiguity surrounding the DGT’s authority to use social media content as the basis for issuing a Tax Data Clarification Request (SP2DK) and initiating tax audits. This research employs a normative legal methodology using statutory, conceptual, comparative, and cyber law approaches. The findings indicate that Indonesia’s tax legal framework recognizes income earned by content creators as taxable income. However, Article 35A of the Law on General Provisions and Tax Procedures (KUP Law) does not explicitly authorize the use of social media content as a source of tax supervisory data, resulting in regulatory uncertainty and inconsistent legal interpretation. This study concludes that harmonization of the KUP Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law is necessary to establish a comprehensive legal framework that upholds the principles of legality, proportionality, accountability, legal certainty, and the protection of taxpayers’ constitutional rights within the digital tax administration system.
Copyright (c) 2026 Qonitah Zalfa Primayudhana, Ismiyanto Ismiyanto, Hanuring Ayu Ardhani Putri https://creativecommons.org/licenses/by/4.0
Legal Certainty in the Enforcement of Online Defamation Following the 2024 Reform of Indonesia's Electronic Information and Transactions Law
The rapid expansion of social media has increased online defamation cases and intensified legal uncertainty due to divergent interpretations of Indonesia’s Electronic Information and Transactions (ITE) Law. This study examines the legal boundaries of online defamation under Law Number 1 of 2024 and evaluates its enforcement from the perspective of legal certainty. Using a normative legal research method, the study applies statutory, conceptual, and case-based approaches through the analysis of legislation, legal doctrines, and judicial decisions. The findings show that Article 27A enhances legal certainty by clarifying the constituent elements of the offense, reaffirming the lex specialis derogat legi generali principle, and balancing the protection of reputation with freedom of expression. Effective enforcement requires clear legal norms, consistent judicial interpretation, adequate digital competence among law enforcement authorities, and harmonized institutional practices. The reform represents a significant step toward strengthening legal certainty in addressing online defamation.
Copyright (c) 2026 Sutikni Sutikni, Femmy Silaswaty, Ida Aryati https://creativecommons.org/licenses/by/4.0
Reconstructing the Regulatory Framework for E-Government in Regional People’s Representative Councils to Enhance Public Aspiration Management
The rapid expansion of infrastructure development through Indonesia’s Electronic Procurement Service (LPSE) has intensified the need for effective legal protection for construction service providers against local government default arising from delayed or unpaid contractual obligations. This study examines the legal framework governing contractor protection, analyzes the contractual liability of local governments as project owners, and evaluates the effectiveness of preventive and remedial legal protection mechanisms. Using an empirical legal research method with a socio-legal approach, the study investigates the implementation of legal protection in government construction procurement in Klaten Regency. The findings reveal that, despite a comprehensive legal framework incorporating the principles of equality and multiple dispute resolution mechanisms, implementation remains ineffective due to unequal bargaining power, inadequate payment guarantees, and limited use of the Dispute Board. Strengthening contractual safeguards, payment security, government accountability, and dispute resolution mechanisms is essential to ensure legal certainty and sustainable public procurement.
Copyright (c) 2026 Widodo Widodo, Hafid Zakariya, Hanuring Ayu Ardhani Putri https://creativecommons.org/licenses/by/4.0
Legal Protection for Construction Service Providers in Electronic Procurement (LPSE) Tenders Against Government Default
Copyright (c) 2026 Suparno Suparno, Hafid Zakariya, Hanuring Ayu Ardhani Putri https://creativecommons.org/licenses/by/4.0
Aligning Recovery and Legal Certainty in Restorative Justice for Theft Offenses
The paradigm shift in Indonesian criminal law following the enactment of Law Number 1 of 2023 on the Criminal Code has strengthened the restorative justice approach in resolving theft offenses by emphasizing restoration rather than punishment. This study aims to analyze legal protection and legal certainty in the implementation of restorative justice for theft offenses under the new Criminal Code. The research employed a normative juridical method using statutory, conceptual, and case approaches and was analyzed qualitatively. The findings indicate that restorative justice provides more comprehensive protection for victims, offenders, and society through compensation for losses, offender accountability, and the restoration of social relationships. Nevertheless, legal certainty continues to face challenges arising from regulatory fragmentation and differing interpretations among law enforcement authorities. This study concludes that regulatory harmonization and the strengthening of implementation mechanisms are essential to achieving a fair, humane, and restorative criminal justice system.
Copyright (c) 2026 Faizal Tri Noviyanto, Hanuring Ayu Ardhani Putri, Suparwi Suparwi https://creativecommons.org/licenses/by/4.0
Conventional and Online Gambling: Emerging Challenges for the Wonogiri Regional Police
The proliferation of conventional and online gambling in Indonesia has created new challenges for law enforcement agencies, particularly in relation to evolving criminal modus operandi, the use of electronic evidence, and the increasing sophistication of digital technologies. This study aims to identify the forms and characteristics of gambling offenses within the jurisdiction of the Wonogiri Regional Police, analyze the implementation of Articles 303 and 303 bis of the Indonesian Criminal Code in investigative and criminal inquiry practices, and examine the obstacles encountered by law enforcement officers in addressing these offenses. The study employed an empirical juridical method with a socio-legal approach, utilizing interviews, observations, and document analysis as data collection techniques. The findings reveal that gambling activities have shifted toward more complex digital forms, while law enforcement efforts have been implemented through both preventive and repressive measures in accordance with prevailing legal provisions. The principal challenges include difficulties in obtaining electronic evidence, limited digital forensic capabilities, and inadequate inter-agency coordination. Therefore, strengthening institutional capacity, modernizing technological infrastructure, and enhancing public participation are essential to achieving more effective and sustainable strategies for combating gambling-related crimes.
Copyright (c) 2026 Rastra Patria Adiarta, Hanuring Ayu Ardhani, Nourma Dewi https://creativecommons.org/licenses/by/4.0
Restorative Justice in Minor Criminal Cases: A Study of Tanjung Balai District Court Decision No. 1/Pid.C/2023/PN Tjb
The dominance of the retributive paradigm in the Indonesian criminal justice system has often failed to achieve substantive justice, particularly in addressing minor offenses arising from structural poverty. This study aims to analyze the implementation of restorative justice in Tanjung Balai District Court Decision Number 1/Pid.C/2023/PN Tjb and to examine the legal reasoning underlying the court’s adoption of this mechanism. The study employs a normative legal research method using statutory, conceptual, and case approaches, with qualitative analysis conducted through a descriptive-prescriptive framework. The findings indicate that restorative justice was implemented through mediation involving the offender, the victim, and the community, resulting in the restoration of social relationships and a more proportionate resolution of the dispute. The judge’s legal considerations were based on an integration of juridical, philosophical, and sociological dimensions, particularly the offender’s economic circumstances and the pursuit of substantive justice. This study demonstrates that the decision constitutes a form of progressive jurisprudence, reflecting a paradigm shift in criminal law enforcement from a retributive orientation toward a restorative approach.
Copyright (c) 2026 Dias Lutfiyansyah, Boedi Prasetyo https://creativecommons.org/licenses/by/4.0
Restructuring PayLater Regulations to Promote Consumer Justice
The rapid growth of PayLater services as a digital financing instrument has significantly enhanced financial inclusion and facilitated consumer transactions. However, this development has also generated various legal challenges due to inadequate regulatory frameworks and insufficient consumer protection mechanisms. This study aims to analyze the implementation of PayLater services in Indonesia, identify legal obstacles and regulatory gaps in consumer protection, and formulate strategies for improving governance and regulatory arrangements. The study employs a normative juridical method using statutory, conceptual, and comparative approaches through a comprehensive review of primary, secondary, and tertiary legal materials. The findings reveal that the regulation of PayLater services remains fragmented, resulting in legal uncertainty concerning fee transparency, personal data protection, debt collection practices, and dispute resolution mechanisms. The study concludes that the establishment of specific regulations, harmonization of regulatory authority, strengthening of supervisory mechanisms, and the development of an integrated consumer protection framework are essential to ensuring legal certainty, justice, and the sustainability of Indonesia’s digital financing ecosystem.
Copyright (c) 2026 Johannes Adrian Marpaung, Peter Gideon Michael Tarigan, Graciela Graciela, Bayu Widianto https://creativecommons.org/licenses/by/4.0
Digital Business Contracts from the Perspective of Indonesian Civil Law
The rapid expansion of the digital economy in Indonesia has led to increased use of digital business contracts, while simultaneously raising legal issues concerning legal certainty, the validity of electronic contracts, and personal data protection. This study analyzes drafting techniques for digital business contracts that are consistent with Indonesian civil law principles, examines the regulatory influence of the Electronic Information and Transactions Law (Law No. 11 of 2008 as amended by Law No. 1 of 2024) and Government Regulation No. 71 of 2019, and explores the implications of Law No. 27 of 2022 on Personal Data Protection for the formulation of contractual clauses in digital environments. This research employs a normative juridical method using statutory, conceptual, and comparative approaches based on a literature review. The findings indicate that effective digital contracts must integrate the principles of freedom of contract, good faith, consensualism, and legal certainty through explicit electronic consent, certified electronic signatures, and transparent data protection provisions. Accordingly, the harmonization of contract law, electronic transaction regulations, and personal data protection law constitutes a fundamental requirement for establishing a secure and reliable digital business ecosystem in Indonesia.
Electronic Information and Transactions Law
Copyright (c) 2026 Rr. Lyia Aina Prihadiati, Sendi Sanjaya https://creativecommons.org/licenses/by/4.0
Crypto Assets in Indonesian Inheritance Law: Balancing Ownership Rights and Access Challenges
The emergence of crypto assets as a form of digital wealth has generated new legal challenges within the Indonesian inheritance law framework, particularly concerning assets stored in unmanaged wallets. This study examines the legal status of crypto assets as inheritable property and explores the legal and technical barriers associated with their transfer to heirs. Employing a normative legal research method, the study applies statutory, conceptual, analytical, and comparative approaches. The findings demonstrate that crypto assets may be classified as inheritable property because they possess economic value, are transferable, and constitute intangible movable assets within the meaning of Article 499 of the Indonesian Civil Code. Nevertheless, the inheritance of crypto assets presents significant challenges, including the loss of access to private keys, difficulties in establishing ownership due to the pseudonymous nature of blockchain technology, and jurisdictional complexities arising from cross-border transactions. These issues may hinder the effective transfer of digital wealth and potentially undermine the rights of heirs. Accordingly, the study highlights the need for a specific legal framework governing the inheritance of crypto assets in order to ensure legal certainty, facilitate asset accessibility, and protect heirs’ rights in the evolving digital economy.
Copyright (c) 2026 Mikael Alvaro , Mia Hadiati https://creativecommons.org/licenses/by/4.0
Human Trafficking and the Crisis of Victim Protection in Indonesia
Human trafficking is a transnational crime that not only constitutes a serious violation of criminal law but also undermines the fundamental human rights and dignity of its victims. Although Indonesia has enacted Law No. 21 of 2007 on the Eradication of the Criminal Act of Trafficking in Persons, the implementation of victim protection remains constrained by various legal and institutional challenges. This study aims to examine the legal protection mechanisms available to victims of human trafficking and to identify the obstacles and strategies for optimizing such protection. Employing a normative legal research method, the study utilizes statutory, conceptual, and case-based approaches, with data analyzed qualitatively. The findings reveal that legal protection for victims encompasses restitution, rehabilitation, legal assistance, repatriation, and social reintegration. However, the implementation of these measures remains ineffective due to weak enforcement of restitution orders, limited rehabilitation facilities, and inadequate inter-agency coordination. Accordingly, strengthening preventive, repressive, and rehabilitative measures is essential through enhanced public awareness programs, improved cross-sectoral collaboration, expanded victim recovery services, and the utilization of technology-based support systems. These efforts are expected to promote a more effective, equitable, and victim-centered framework for legal protection and recovery.
Copyright (c) 2026 Therecya Angella Sitio, Hery Firmansyah https://creativecommons.org/licenses/by/4.0
Defining the Limits of Aiding and Abetting in Human Trafficking Offenses
Human trafficking is a transnational organized crime that poses a serious threat to human rights and frequently involves multiple actors with varying degrees of participation, including accomplices (medeplichtigheid). However, the legal interpretation of aiding and abetting and the corresponding scope of criminal liability continue to present challenges in law enforcement practice. This study aims to analyze the legal determination of aiding and abetting in human trafficking offenses under Indonesian criminal law and to formulate the limits of criminal liability for individuals who fulfill this element, while emphasizing victim protection as a primary objective. The study employs a normative legal research method using statutory, conceptual, and case-based approaches. The findings indicate that aiding and abetting in human trafficking requires the existence of actual assistance, intentional participation, and a functional connection between the assistance provided and the exploitation of the victim. Criminal liability should therefore be assessed based on the degree of culpability and the extent of an accomplice’s contribution to the trafficking network. The study concludes that clearer legal standards regarding aiding and abetting can strengthen efforts to combat human trafficking while enhancing the protection, recovery, and fulfillment of victims’ rights.
Copyright (c) 2026 Indy Kanaishia, Rugun Romaida Hutabarat https://creativecommons.org/licenses/by/4.0
Digital Democracy and the Challenges of Freedom of Expression in Indonesia
The rapid development of social media has significantly expanded opportunities for public participation and freedom of expression. However, it has also generated various legal challenges, including defamation, hate speech, the dissemination of misinformation, and the potential criminalization of public criticism. This study aims to examine the legal framework governing freedom of expression on social media within the Indonesian legal system, identify the legal issues arising from the exercise of freedom of expression in digital spaces, and formulate the legal boundaries of such freedom based on the principles of the rule of law, democracy, and human rights. This research employs a normative juridical method using statutory, conceptual, and human rights approaches through the analysis of primary, secondary, and tertiary legal materials. The findings indicate that freedom of expression is constitutionally protected under the 1945 Constitution of the Republic of Indonesia, the Human Rights Law, and various international human rights instruments. Nevertheless, its exercise is subject to limitations intended to safeguard the rights, freedoms, and legitimate interests of others. The study concludes that proportional law enforcement, enhanced legal certainty, and improved digital literacy are essential to maintaining an appropriate balance between freedom of expression and the protection of public interests in the digital sphere.
Electronic Information and Transactions Law (ITE Law)
Copyright (c) 2026 Jhames Jorgi, Hery Firmansyah https://creativecommons.org/licenses/by/4.0
Human Trafficking and the Human Rights Protection Crisis in East Nusa Tenggara, Indonesia
Human rights challenges in East Nusa Tenggara (NTT), including human trafficking, the exploitation of migrant workers, conflicts concerning indigenous peoples’ rights, and the limited effectiveness of legal protection mechanisms, reflect a persistent gap between legal norms and their practical implementation. This study aims to analyze the similarities, differences, and shortcomings of the legal framework governing human rights protection in NTT, assess the urgency of legal reform, and formulate policy recommendations to enhance the effectiveness of human rights protection. The research employs a normative legal method with a comparative law approach, drawing upon statutory regulations, international human rights instruments, legal doctrines, and relevant scholarly literature. The findings indicate that national law, international human rights standards, and customary law share a common objective of safeguarding human dignity; however, they differ significantly in their protection mechanisms and dispute-resolution procedures. The study further identifies major weaknesses in legal enforcement, the harmonization of customary law with human rights principles, and institutional effectiveness. It concludes that comprehensive legal reform is required through regulatory strengthening, improved institutional coordination, expanded human rights education, and the harmonization of customary law with human rights norms to ensure more effective and sustainable human rights protection.
Copyright (c) 2026 Semuel Haning, Agustin Leni Magdalen Rohi Riwu, Arnold J Sjah https://creativecommons.org/licenses/by/4.0
Assessing the Implementation of the Best Interests of the Child Principle in Post-Divorce Custody Determinations
Divorce not only terminates the marital relationship between spouses but also generates significant legal consequences for children, particularly concerning child custody and the protection of their rights. This study aims to examine the legal framework governing the protection of children’s rights in post-divorce custody determinations and to assess the implementation of the best interests of the child principle in judicial practice in Indonesia. The research employs a normative legal methodology using statutory, conceptual, and case approaches. Data were collected through a comprehensive review of relevant legislation, court decisions, and legal literature and were analyzed using qualitative legal analysis. The findings indicate that the protection of children’s rights is firmly established within the Indonesian legal system through the 1945 Constitution of the Republic of Indonesia, the Marriage Law, the Child Protection Law, and the Compilation of Islamic Law. In determining custody arrangements, judges generally prioritize the welfare, safety, and overall development of the child in accordance with the best interests of the child principle. Nevertheless, the effective implementation of this principle continues to face several challenges, including limited legal awareness among parents and weaknesses in the enforcement of judicial decisions. Strengthening legal protection mechanisms and enhancing compliance with court rulings are therefore essential to ensuring the effective protection of children’s rights following divorce.
Copyright (c) 2026 Angelina Patricia Halim , Mia Hadiati https://creativecommons.org/licenses/by/4.0
Consumer Data at Risk: Legal Challenges in Personal Data Protection within Shipping Services
The rapid expansion of digital commerce and the growing reliance on shipping services have resulted in shipping companies processing substantial volumes of consumers’ personal data, thereby increasing the risk of data misuse and security breaches. This development underscores the need for robust legal protection mechanisms and clear standards of accountability concerning the management of personal data by business actors. This study aims to analyze the legal framework governing the protection of consumers’ personal data in shipping services and to examine the legal liability of business actors for personal data breaches under Law Number 27 of 2022 on Personal Data Protection. Employing a normative legal research method, the study utilizes statutory, conceptual, and analytical approaches through an examination of primary, secondary, and tertiary legal materials. The findings indicate that personal data protection in Indonesia has been comprehensively regulated through the Personal Data Protection Law and its supporting regulations. Furthermore, the legal responsibilities of business actors encompass preventive measures, breach-response obligations, as well as civil, administrative, and criminal liabilities. The study concludes that shipping service providers must implement accountable and transparent data protection governance to ensure legal certainty, strengthen consumer protection, and maintain public trust in the digital economy.
Copyright (c) 2026 Muhamad Najib Hilal Haadii, Moody Rizqy Syailendra https://creativecommons.org/licenses/by/4.0
The Notary’s Prudential Principle as a Safeguard for the Validity of Authentic Deeds
Authentic deeds executed by notaries occupy a pivotal position within the Indonesian legal system, as they serve as written instruments of evidence that ensure legal certainty and protection for the parties involved. Nevertheless, violations of the legal requirements governing deed preparation, as well as the failure to apply the prudential principle, may result in the degradation of a deed’s evidentiary value and, in certain circumstances, its annulment. This study aims to analyze the legal status of authentic deeds within the Indonesian legal framework and to examine their role, function, and evidentiary strength in civil proceedings. The research employs a normative juridical method using statutory, conceptual, and case-based approaches through an extensive review of legislation, legal doctrines, and scholarly literature. The findings demonstrate that authentic deeds possess perfect evidentiary force in terms of external, formal, and material proof, as recognized under the Indonesian Civil Code and the Law on Notarial Office. The application of the notary’s prudential principle constitutes a fundamental factor in preserving the validity and evidentiary integrity of authentic deeds. The study concludes that notarial professionalism and strict compliance with legal procedures are essential for ensuring legal certainty, legal protection, and substantive justice.
Copyright (c) 2026 Nurhanto Nurhanto, Ahmad Sobari https://creativecommons.org/licenses/by/4.0
The Existence of the Land Bank Agency within the Framework of State Control Rights
Land plays a strategic role in supporting development, investment, and public welfare; however, persistent challenges such as land disputes, unequal ownership, and limited land availability continue to hinder the realization of equitable land governance. These conditions have prompted the establishment of the Land Bank Agency as a national instrument for land management. This study aims to analyze the position of the Land Bank Agency within the Indonesian land law system and to examine the philosophical, juridical, and constitutional foundations underlying its establishment as an institution implementing the State’s Right to Control over land. The research employs a normative legal method using statutory, conceptual, and historical approaches through the examination of primary, secondary, and tertiary legal materials. The findings indicate that the Land Bank Agency constitutes a sui generis legal entity authorized to perform land planning, acquisition, procurement, management, utilization, and distribution functions for the purposes of public interest, agrarian reform, economic equity, and national development. The study concludes that the Land Bank Agency possesses strong constitutional and legal legitimacy as an instrument of state land governance. Nevertheless, strengthening institutional oversight, transparency, accountability, and the harmonization of authority among relevant institutions remains essential to ensure legal certainty, justice, and sustainable land management.
Copyright (c) 2026 Intan Juwitasari , Casanova Sitohang https://creativecommons.org/licenses/by/4.0
Legal Protection for Consumers Against Food Label Manipulation in Digital Commerce
The rapid growth of digital commerce in processed food products has increased the risk of relabeling and repackaging practices involving misleading information, including health-related claims such as gluten-free, dairy-free, plant-based, and allergy-friendly. Such practices may mislead consumers and pose risks to consumer health and safety. This study aims to analyze the legal framework governing relabeling and repackaging practices in Indonesia and to examine the forms of legal liability imposed on business actors for consumer losses resulting from misleading food information. The research employs a normative legal method using statutory, conceptual, and case-based approaches. The analysis is based on the Consumer Protection Law, the Food Law, and relevant regulations concerning food labeling and safety. The findings indicate that relabeling and repackaging activities are legally permissible only when they comply with applicable requirements related to food safety, labeling accuracy, and consumer protection. Business actors who provide misleading or inaccurate information may be subject to administrative, civil, and criminal liability under the principle of product liability. The study concludes that stronger regulatory oversight and more effective law enforcement are essential to ensuring food safety, promoting transparency in product information, and safeguarding consumer rights in the era of digital commerce.
Copyright (c) 2026 Yohana Apriana, Lewiandy Lewiandy https://creativecommons.org/licenses/by/4.0
Indefeasibility of Title and Its Protective Limits in the Contemporary Torrens System
Legal certainty in land rights constitutes a fundamental objective of modern land registration systems, including those based on the Torrens system through the application of the principle of indefeasibility of title. This study examines the regulation of the principle of indefeasibility of title under the Land Title Act 2000 of the Northern Territory, analyzes the nature and legal foundations of its exceptions, and evaluates its implications for the protection and certainty of land rights. The research employs a normative legal methodology utilizing statutory, conceptual, and comparative approaches. Legal materials are analyzed qualitatively through a comprehensive review of relevant legislation, legal doctrines, and scholarly literature. The findings demonstrate that the Land Title Act 2000 adopts a model of qualified indefeasibility, which affords strong protection to registered proprietors while recognizing limited statutory exceptions under Section 198 to preserve a balance between legal certainty and substantive justice. The implementation of this principle, reinforced by the mirror, curtain, and insurance principles, enhances transaction security, minimizes land disputes, and strengthens public confidence in the land registration system. Accordingly, the qualified indefeasibility model effectively promotes legal certainty while safeguarding substantive justice within the contemporary Torrens system.
Copyright (c) 2026 Velliana Samudro , Rasji Rasji https://creativecommons.org/licenses/by/4.0
Barriers and Prospects for Arbitration in Resolving Disputes in the Indonesian Coffee Industry
The Indonesian coffee industry makes a substantial contribution to the national economy. However, the complexity of business relationships across its supply chain increases the likelihood of disputes, highlighting the need for effective and equitable dispute resolution mechanisms. This study examines the role of arbitration as a dispute resolution forum in the Indonesian coffee industry, analyzes its jurisdiction over both domestic and international commercial disputes, and identifies the barriers that limit business actors access to arbitration. The research employs a normative legal methodology using statutory, conceptual, comparative, and case-based approaches through an extensive review of primary, secondary, and tertiary legal sources. The findings demonstrate that arbitration is supported by a robust legal framework and offers several advantages, including procedural efficiency, confidentiality, and legal certainty, making it well suited to the unique characteristics of the coffee industry. Nevertheless, its effectiveness remains constrained by limited legal awareness, high arbitration costs, unequal bargaining power among parties, and institutional challenges. Accordingly, strengthening the regulatory framework and developing more inclusive, accessible, and cost-effective arbitration mechanisms are essential to enhance the sustainability and global competitiveness of Indonesias coffee industry.
Copyright (c) 2026 Ahmad Widad Muntazhor https://creativecommons.org/licenses/by/4.0
Cassation-Level Sentencing Disparities and the Future of Criminal Justice in Indonesia
Sentencing disparities in serious criminal cases frequently generate debate concerning fairness, legal certainty, and the consistency of judicial decision-making, as reflected in the commutation of the death penalty to life imprisonment in Supreme Court Decision Number 813 K/Pid/2023 involving FS. This study aims to analyze sentencing disparities between appellate and cassation court decisions and to examine the implications of sentencing reforms under Law Number 1 of 2023 concerning the Criminal Code for judicial reasoning patterns and sentencing proportionality. The study employs a normative legal research method using statutory, case, conceptual, and comparative approaches, analyzed through a qualitative framework. The findings indicate that vertical sentencing disparities arise from differing penal philosophies adopted by the judex facti and judex juris. Furthermore, the 2023 Criminal Code has begun to shape judicial reasoning toward a more rehabilitative and humanistic approach to punishment. The study concludes that penal reform requires clearer sentencing guidelines to promote consistency in judicial decisions, strengthen legal certainty, and achieve substantive justice.
Copyright (c) 2026 Lisa Rahmasari, Romaida Hutabarat https://creativecommons.org/licenses/by/4.0