Journal of International Islamic Law, Human Right and Public Policy
This journal emphasizes specifics in the discourse of Islamic Law and Humanity, as well as communicating actual and contemporary research and problems related to Islamic studies. This journal openly accepts contributions from experts from related scientific disciplines. All articles published do not necessarily represent the views of the journal, or other institutions that have links to journal publications. This journal publishes articles with the following focus and scope: Islamic Law and Jurisprudence from various perspectives which emphasize aspects related to the study of Islamic Jurisprudence in the Indonesian and international context, with special reference to culture, diversity, norms and customs of life, politics , sociology, psychology, anthropology, economics, history, philosophy, Islamic astronomy
LEGAL ANALYSIS OF LEGAL PROTECTION FOR GIG ECONOMY WORKERS IN THE INDONESIAN EMPLOYMENT SYSTEM
The development of digital technology has given rise to the gig economy phenomenon, transforming employment patterns within the Indonesian labor system. This work model is characterized by high flexibility and partnership-based employment relationships through digital platforms. However, despite this flexibility, gig workers face various legal challenges, particularly related to unclear employment status and minimal legal protection for basic workers' rights. This study aims to analyze legal protection for gig economy workers within the Indonesian labor system and to assess the suitability of existing regulations to platform-based work practices. The research method used is normative legal research with a statutory approach and a conceptual approach. The legal materials used include legislation, legal literature, and doctrines relevant to employment and the gig economy. The analysis was conducted qualitatively to identify gaps between applicable legal norms and the reality of practice on the ground. The results indicate that legal protection for gig economy workers in Indonesia is suboptimal. This is due to the absence of specific regulations that explicitly regulate the status and rights of gig workers within the labor system. Existing regulations still focus on conventional employment relationships, thus preventing gig workers classified as partners from receiving protections such as social security, a living wage, and job security. Furthermore, dispute resolution mechanisms between workers and platforms have not been comprehensively regulated.
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CRIMINOLOGICAL ANALYSIS OF THE PHENOMENON OF JUVENILE DELINQUENCY IN THE PANGKAJENE AND ISLANDS REGENCY AREA: CAUSING FACTORS, IMPACT AND COMMUNITY BASED PREVENTION EFFORTS
This study aims to analyze in depth the factors that cause juvenile delinquency, identify its impacts, and formulate effective and sustainable prevention efforts by involving the active role of the community. This study uses an empirical legal research method with a criminological approach. Data collection was conducted through direct observation, interviews with sources consisting of teenagers, parents, community leaders, law enforcement officers, and school officials, as well as the study of related documents. The data obtained were analyzed descriptively qualitatively to describe and explain the problems studied. The results of the study indicate that juvenile delinquency in Pangkep Regency is caused by the interaction of various factors, both from within the teenager and from their surrounding environment. Internal factors include psychological conditions, lack of legal understanding, and the search for identity, while external factors include family conditions, social environment, the influence of technology and information, and the socio-economic conditions of the community. Juvenile delinquency that occurs varies in form, ranging from acts that violate social norms to acts that are categorized as criminal acts, with impacts felt by individuals, families, and society at large. Handling juvenile delinquency cannot be done only with a law enforcement approach, but requires a comprehensive approach and involves all elements of society. Community-based prevention efforts are an effective strategy because they can reach the root of the problem and are implemented sustainably. This research recommends strengthening the role of community institutions, enhancing collaboration between various parties, and developing programs that support the development and potential of adolescents, so they can grow and develop into good and responsible citizens.
IMPLEMENTATION OF GOVERNMENT POLICIES IN WASTE MANAGEMENT IN BITU NG CITY
Abstract This study aims to analyze the implementation of waste management in Bitung City based on Regional Regulation Number 17 of 2013 and identify the factors that influence it. This study uses a descriptive qualitative approach with the Miles and Huberman interactive analysis model. Data were collected through in-depth interviews, field observations, and documentation. Informants consisted of officials and staff of the Bitung City Environmental Service, village/district officials, cleaning staff/waste collectors, and the community. The results of the study indicate that the implementation of waste management is not optimal in three main indicators: (1) Waste sorting is still very limited because the community is not used to it, supporting facilities are not available, and the perception is that sorted waste will be mixed again during transportation; (2) Waste collection faces problems with the availability of very limited TPS (landfills), the condition of the TPS does not meet the standards of being closed, neat, and odorless, and the collection mechanism is not systematic; (3) Waste transportation is disrupted because the fleet is often damaged due to lack of routine maintenance, reactive (emergency) maintenance, uneven schedules and routes, and the absence of a special fleet for sorted waste so that sorted waste is mixed again. Factors that influence implementation include internal bureaucratic factors (limited personnel, poor fleet maintenance, weak coordination), social and cultural factors (habits of littering, sorting not yet a culture, weak social sanctions), as well as policy and institutional factors (weak enforcement of sanctions, no special institutions at the sub-district level, budget limitations).
UNDERSTANDING THE CHAK PERIOD IN THE HISTORY OF KASHMIR
Inspired by Marcus Garvey’s assertion that a people without knowledge of their past resemble a tree without roots, this study undertakes an exploration of the historical traditions of Kashmir, Jammu, and other regions associated with the Chak dynasty. For the inhabitants of Jammu and Kashmir, engagement with regional history is indispensable, as it forms the foundation of cultural awareness and identity. This work seeks to interpret the legacy of the Chak rulers within the broader historical narrative of Kashmir, often described metaphorically as an “ocean in a pot.” History, rather than ending, continually re-emerges, reflecting both human progress and regression. From prehistory—understood as the period before written records—to documented events, history encompasses the processes of recollection, collection, organization, and interpretation. Kashmir, popularly known as “heaven on earth,” has long attracted political ambition, a sentiment echoed in a Persian couplet attributed to Amir Khusrau. Following the establishment of Muslim rule in 1339 CE, the Chak dynasty governed Kashmir between 1561 and 1586. Despite limited treaty records, their administration largely preserved and strengthened existing institutions. This study examines the enduring political and administrative legacy of the Chak dynasty in Kashmir.
THE ROLE OF SOCIAL WORKERS IN CASE RESOLUTION BASED IN THE DIGITAL ERA
The digital era has brought significant changes to various aspects of life, including the legal case resolution system. Amid this transformation, the role of social workers has become increasingly crucial as a bridge between clients and judicial institutions that now operate based on digital technology. This study aims to analyze the role of social workers in the case resolution process in the digital era, including assistance, mediation, and advocacy. The method used is qualitative research with a case study approach through in-depth interviews, observation, and documentation studies. The results show that social workers have a strategic role in facilitating access to justice for vulnerable groups amidst the digitalization of justice, despite facing various challenges such as the digital divide, technological literacy, and resource capacity. Strengthening the capacity of social workers in the field of information technology is needed, as well as adjusting regulations to accommodate their formal role in the digital justice ecosystem.
OPTIMIZATION OF THE UTILIZATION OF PASURUAN REGENCY GOVERNMENT SOCIAL MEDIA IN POLICY COMMUNICATION AND REGIONAL PROMOTION
The quick growth of information and communication technology has equally brought about changes in the process of communication within the governance system. In this case, the utilization of social media becomes very important because it can be used to disseminate information and boost the region. Nevertheless, the application of social media in the local government is mostly done during ceremonies rather than for communicating policies. This research focuses on identifying the utilization of social media in policy communication and regional promotion of the Pasuruan Government, as well as the necessity to implement a social media governance policy. This study used a qualitative policy analysis method, including such techniques as document analysis, social media monitoring, and secondary data analysis. Information was assessed using descriptive analytical approach to uncover communication tendencies, institutional problems, social media governance needs, and policy recommendations concerning the management of social media by the local government. Furthermore, this research utilized the USG (Urgency, Seriousness, Growth) technique to define priorities and the Dunn policy analysis framework to assess alternative policies. According to the findings, although government social media accounts show relatively high levels of audience reach, engagement and effectiveness of policy communication remain low. Existing content is still primarily related to the documentation of ceremonial events. Interaction between government institutions and the general population remains insufficient and inconsistent. Also, the lack of an integrated governance approach, communication guidelines, key performance indicators, and coordination mechanisms has led to social media management by local government to be fragmented and ineffective. This study concluded that optimization of social media activities by governmental organization requires an implementation of integrated social media governance policy, which would regulate communication guidelines, public interaction, coordination and assessment of performance. As a result, this study recommended adopting an integrated social media governance policy in the Government of Pasuruan Regency.
LEGAL PROTECTION OF CHILDREN AN WOMAN FROM DOMESTIC VIOLENCE (RESEARCH METHODS BY THE NORTH SUMATERA KPAI)
Domestic violence (KDRT) is a form of human rights violation that has serious impacts, especially on women and children. This article aims to analyze the form of legal protection provided to women and children victims of domestic violence in Indonesia. The results of the analysis show that although there are regulations such as Law Number 23 of 2004 concerning the Elimination of Domestic Violence, as well as the Child Protection Law, there are still various challenges in its implementation, such as patriarchal culture, low legal awareness of the community, and weak law enforcement. Further efforts are needed in the form of education, training of law enforcement officers, and empowerment of victims so that legal protection can run optimally.
LIMITATIONS ON COMPLAINTS IN COHABITATION AND ADULTERY ACCORDING TO THE NATIONAL CRIMINAL CODE
The regulation regarding the crime of cohabitation and adultery in the National Criminal Code is part of the national criminal law reform that seeks to adapt the law to the moral, religious, and cultural values of Indonesian society. This regulation is accompanied by a limitation on complaints through an absolute complaint offense mechanism that only grants the right to complain to certain parties. This study aims to analyze the normative construction of the limitation on complaints in the crime of cohabitation and adultery according to the National Criminal Code and examine its relevance to the objectives of the national criminal law reform, with a statute approach, a conceptual approach, and a philosophical approach. The legal materials used consist of primary legal materials in the form of the National Criminal Code and related regulations, secondary legal materials in the form of books, journals, and opinions of criminal law experts, as well as tertiary legal materials that support the research. The analysis was conducted qualitatively by examining the synchronization of norms and criminal law politics in the regulation of moral offenses. The results of the study indicate that the limitation on complaints in the crime of cohabitation and adultery is a form of criminal law politics that aims to limit state intervention in the private sphere of citizens and prevent excessive criminalization. These regulations reflect a balance between protecting moral values and respecting individual privacy rights. However, the limitations on complaints also raise normative issues related to legal certainty and the effectiveness of protecting moral values in Indonesia's pluralistic society. Therefore, a more adaptive and proportional criminal law policy is needed to ensure that the regulation of criminal acts of cohabitation and adultery continues to reflect the values of justice, expediency, and legal certainty within society.
LEGAL ANALYSIS OF LEGAL RISK MANAGEMENT IN HUMAN RESOURCE MANAGEMENT AND ITS IMPACT ON COMPANY PERFORMANCE
This study aims to analyze the application of legal risk management in human resource management and examine its impact on company performance. The issues studied include the forms of legal risks that arise in human resource management practices, efforts to handle them based on applicable laws and regulations, and their impact on achieving company goals. The research method used is normative legal research with a statutory, conceptual, and analytical approach. Data collected comes from primary, secondary, and tertiary legal materials, which are then analyzed qualitatively. The results of the study indicate that legal risks in human resource management can include employment disputes, violations of workers' rights, and administrative and criminal sanctions due to non-compliance with legal provisions. The application of good legal risk management, including identification, assessment, handling, and monitoring of risks, has been proven to minimize the occurrence of legal disputes and losses. Furthermore, this has a positive impact on improving company performance, including through the creation of a conducive work climate, increased employee productivity, and maintained business image and sustainability. This study concludes that legal risk management is a strategic aspect that is inseparable from human resource management, so it needs to be strengthened through the preparation of legally compliant internal policies and increasing legal awareness of all parties in the company.
LEGAL PROTECTION OF PATIENT MEDICAL RECORD DATA IN TELEMEDICINE HEALTH SERVICES BASED ON LAW NUMBER 17 OF 2023 CONCERNING HEALTH AND LAW NUMBER 27 OF 2022 CONCERNING PERSONAL DATA PROTECTION
Law Number 27 of 2022 concerning Personal Data Protection, Personal Data is a fundamental right that must be protected in every healthcare service interaction and in Law Number 17 of 2023 concerning Health is the legal basis for regulating Health in addition to that until now legal clarity regarding licensing and permits that regulate Telemedicine healthcare services is also regulated in Minister of Health Regulation Number 20 of 2019 which stipulates that medical personnel and healthcare facilities must obtain a license to carry out telemedicine. In the practice of online healthcare consultations, medical data protection is highly dependent on the technological system used by the service provider. Digital healthcare platforms generally rely on website-based databases or applications connected to the internet network. Legal protection in Telemedicine services must be able to protect the dignity of recipients and healthcare providers in the implementation of Telemedicine so that their rights and obligations can be fulfilled in line with human rights inherent from birth.
IMPLEMENTATION OF NARCOTICS POLICY IN THE JURISDICTION OF THE TOMOHON POLICE RESORT
This study aims to describe, analyze, and explain the implementation of drug abuse policies in the Narcotics Criminal Investigation Unit of the Tomohon Police Resort Jurisdiction based on Law Number 35 of 2009 concerning Narcotics. The focus of the study covers three main indicators: (a) the adequacy and qualifications of Narcotics Unit personnel, (b) the adequacy and efficiency of operational budget allocation, and (c) the coverage and effectiveness of community-based prevention programs. This study uses a descriptive qualitative approach with data collection techniques through in-depth interviews, observation, and documentation. Research informants consist of the Head of the Narcotics Unit, members of the Narcotics Unit, and community leaders of Tomohon City. Data analysis uses the interactive model of Miles and Huberman, with data validity checks through source and technique triangulation. The research findings indicate that the implementation of narcotics policy at the Tomohon Police Department still faces various challenges. First, from a personnel perspective, there is a gap between ideal and actual needs, with only about 69 percent of personnel being met. Furthermore, there is uneven distribution of specialized training certification due to limited Education and Training (Dikbang) and Latnis (National Training and Development) quotas. Second, from a budget perspective, the allocation for outreach programs is only about 10-15 percent, without any real-world needs analysis support. There is no efficiency measurement mechanism, and there is still a reliance on the National Narcotics Agency (BNNP) for in-depth forensic analysis. Third, from a prevention program perspective, coverage remains limited, with the Drug-Free Village program limited to only one sub-district. Outreach methods are dominated by one-way, less interactive lectures, and there is no systematic rehabilitation referral mechanism. This study recommends additional personnel, expansion of prevention programs, development of digital-based outreach methods, and an increase in the budget allocated for preventive activities.
IMPLEMENTATION OF BUDGET ALLOCATION POLICY IN FULFILLING FACILITIES AND INFRASTRUCTURE FOR PATROL FLEET FOR SEA AREA SUPERVISION AT CLASS II BITUNG BASE
This study aims to analyze the budget allocation procedures for fulfilling maritime areas at the Bitung Class II Base, as well as to examine the determinant factors in the budget allocation procedures for maritime area surveillance at the Bitung Class II Base. This study uses a descriptive qualitative approach. Data were obtained through in-depth interviews, observations, and documentation studies, then analyzed using the interactive model of Miles, Huberman, and Saldaña through data condensation, data presentation, and conclusion drawing. The results of the study indicate that the implementation of the budget allocation policy at the Bitung Class II Base is not optimal because there is still a gap between operational needs and available budget capabilities. The fulfillment of patrol fleet facilities and infrastructure is in an available condition but is not ideal, both in terms of fleet readiness, technical support, logistics, and maintenance facilities. The implementation of the budget allocation policy has direct implications for the effectiveness of maritime area surveillance, especially on patrol intensity, surveillance area coverage, and fleet operational readiness. Factors that influence policy implementation include communication, resources, implementer disposition, and bureaucratic structure, with resources and bureaucratic structure as the dominant factors.
Diaspora, Desire, and Defiance: A Feminist Reading of Our Sister Killjoy
This paper examines Our Sister Killjoy by Ama Ata Aidoo as a significant feminist and postcolonial text that foregrounds the question of women’s identity, autonomy, and socio-cultural responsibility. Situating the narrative within the context of African feminism, the study explores the protagonist Sissie’s journey as both a physical and psychological odyssey that interrogates Western materialism, colonial hangovers, and gendered oppression. The paper highlights how Aidoo critiques patriarchal structures embedded in African society while simultaneously exposing the hollowness of Western modernity. Through Sissie’s encounters in Europe and her eventual return to Africa, the novel articulates a resistance to cultural alienation and affirms the importance of rootedness, self-definition, and ideological commitment. Special emphasis is laid on the politics of gender relations, the concept of the “New Woman,” and the interplay between emotional and intellectual autonomy. The concluding section of the novel, particularly “A Love Letter,” is read as a powerful articulation of selfhood, where personal sacrifice becomes a site of resistance and affirmation. The study argues that Aidoo envisions a transformative role for women in postcolonial societies—one that is grounded in cultural consciousness, political awareness, and economic independence. By blending narrative experimentation with ideological critique, Our Sister Killjoy emerges as a compelling text that not only reflects the struggles of African women but also proposes a framework for their emancipation and self-realization.
IMPLEMENTATION OF CUSTOMARY LAW PRACTICES IN THE CUSTOMARY COMMUNITY OF KAMPUNG NAGA, TASIKMALAYA, WEST JAVA: CHALLENGES OF MODERNIZATION AND PRESERVATION STRATEGIES
The Kampung Naga indigenous community in Tasikmalaya is one of the Sundanese indigenous communities that still maintains customary law practices and traditional leadership patterns amidst the currents of modernization and the penetration of state law. This study aims to describe the implementation of customary law practices in Kampung Naga, analyze the challenges of modernization to the sustainability of customary law, and explore preservation strategies developed by the community and customary leaders. The study uses a qualitative approach with descriptive methods, through participatory observation, in-depth interviews with kuncen, lebe, punduh, formal government officials, and residents, as well as documentation and literature studies. The results of the study indicate that the customary leadership structure in Kampung Naga—centered on the kuncen and assisted by lebe and punduh who have strong traditional authority and work side by side with the formal government structure (hamlet head, RW, RT) in a relatively harmonious manner. The practice of customary law is centered on the philosophy of pamali (matak kabadi) which functions as a mechanism of social control, environmental protection, and character formation of residents, especially the younger generation. Modernization presents challenges in the form of technological penetration, intensified tourism, and demands for adjustments to national laws. However, indigenous communities have developed selective adaptation strategies through internal regulation, the integration of Islamic values, and the strengthening of oral transmission of customs to the younger generation. This study recommends strengthening the recognition of customary law through state policy, developing multicultural education that is sensitive to the rights of indigenous peoples, and partnerships between the state and indigenous communities in preserving the culture and environment of Kampung Naga.
IMPLEMENTATION OF REGIONAL FINANCIAL MANAGEMENT POLICY AT THE DPPPA OF NORTH MINAHASA DISTRICT
The Women's Empowerment and Child Protection Agency (DPPPA) of North Minahasa Regency recorded budget realization of 84.19% in Fiscal Year 2025 and was in the fifth lowest position of all regional agencies, with three programs recording the lowest realization: the Special Child Protection Program at 70.31%, the Supporting Program at 83.45%, and the Women's Protection Program at 84.69%. Budget absorption as a fundamental dimension in regional financial management makes this condition require further study based on North Minahasa Regency Regulation Number 6 of 2022 concerning Regional Financial Management, particularly on the principles of orderliness and effectiveness, while identifying the factors that influence it. This study used a descriptive qualitative approach with four informants: Acting Head of the Service, Head of the KAG and PKH Division, Planner, and Counselor of the UPTD PPA. Data were collected through in-depth interviews and document review, then analyzed using the Miles and Huberman model with source triangulation and technique triangulation. The results of the study indicate that implementation is not optimal. In terms of orderliness, the aspect of timeliness is met, but the aspect of appropriateness has not been fully met because several budget items cannot be executed according to their objectives, namely SILPA DAK Non Fisik of Rp70,368,650.00 which cannot be disbursed, remaining employee expenditure due to vacant ASN formations, and remaining BOPPA due to the reactive characteristics of the program. In terms of effectiveness, services to 46 victims are running well and confirmed by a satisfaction survey, but the benefits of socialization and prevention activities have not fully reached the wider community. Inhibiting factors include employee vacancies, coordination between agencies, DAK technical capabilities, and the reactive characteristics of the program, while supporting factors include internal employee conditions and service commitment.
PROFIT SHARING SYSTEM AND LOSS BURDEN IN CATTLE REARING SHARIA ECONOMIC LAW PERSPECTIVE (Study in Sriwaylangsep Village, Kalirejo District, Central Lampung Regency)
This study aims to analyze the way of profit sharing and loss responsibility in cattle farming in Sriwaylangsep Village, Kalirejo District, Central Lampung Regency, and review it from the perspective of Sharia Economic Law. This study uses a descriptive qualitative approach with data collection techniques through observation, interviews, and documentation. The focus of this research is on the implementation of mudharabah contracts between capital owners and managers in cattle farming activities. The results of the study show that the cooperation carried out by the community in general has adopted the concept of mudharabah with a profit-sharing system. However, in its implementation there are still inconsistencies with sharia principles, especially in the distribution of profits that are not always in accordance with the initial agreement. In addition, the mechanism for liability for losses has also not been implemented optimally, and there are weaknesses in the aspect of transparency due to the absence of a written contract. Judging from Sharia Economic Law, this practice has not fully fulfilled the principles of justice ('adl), usefulness (maslahah), partnership (shirkah), and transparency and accountability. Therefore, improvements are needed through the creation of a written contract, clarity of the distribution of results, and strengthening the agreement between the parties to avoid the element of gharar. Thus, it is hoped that the mudharabah practice applied can run fairly, transparently, and in accordance with sharia provisions.
POLICY ON SETTING TIME LIMITS FOR THE RESOLUTION OF JUVENILE CRIMINAL CASES AT THE FIRST-INSTANCE TRIAL STAGE BASED ON THE PRINCIPLE OF JUSTICE
This study examines the policy formulation regarding time limits for the resolution of juvenile criminal cases at the first-instance trial stage based on the principle of justice. The research focuses on the urgency of establishing clear procedural time limits in juvenile criminal proceedings, particularly in cases where diversion fails to achieve an agreement and the matter proceeds to court. The study employs a normative juridical method using statutory, conceptual, and analytical approaches to examine the Juvenile Criminal Justice System Law, the New Criminal Procedure Code, and Supreme Court regulations related to judicial administration. The findings reveal that the absence of explicit regulations concerning time limits for juvenile case examinations creates legal uncertainty, prolongs judicial proceedings, and potentially affects the psychological condition and legal protection of children in conflict with the law. Furthermore, inconsistencies between procedural regulations and restorative justice mechanisms hinder the realization of effective and child-centered justice. Therefore, this study proposes an ideal criminal law policy (ius constituendum) through the establishment of specific time limits, judicial supervision mechanisms, and administrative sanctions to ensure expedited case resolution while maintaining restorative justice principles and prioritizing the best interests of the child.
CRIMINAL RESPONSIBILITY FOR CRIMES BASED ONARTIFICIAL INTELLIGENCE FROM THE PERSPECTIVE OF INDONESIAN CRIMINAL LAW
The rapid development of Artificial Intelligence (AI) technology has complex legal implications, particularly in the field of criminal law. Crimes committed using AI systems such as deepfakes, automated cyber attacks, algorithm-based fraud, and data manipulationraises fundamental questions about who should be held criminally responsible. This study aims to analyze the concept of criminal liability for AI-based crimes within the existing Indonesian criminal law framework and identify existing legal gaps (leemten in het recht). The research method used is normative juridical with a statute approach, a conceptual approach, and a comparative approach. The results show that the Criminal Code (KUHP) and Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE) have not been able to optimally address criminal liability for crimes mediated by autonomous AI systems. Comprehensive regulatory reform is needed, including the determination of new legal subjects, the implementation of adapted strict liability and vicarious liability doctrines, and the establishment of a specific legal framework related to AI. This study recommends the drafting of an Artificial Intelligence Bill that explicitly regulates aspects of criminal liability in the AI ​​ecosystem.
LEGAL ANALYSIS OF THE DIVISION OF JOINT PROPERTY ON LAND OWNED BY ONE PARTY'S PARENTS ACCORDING TO MARRIAGE LAW (STUDY OF DECISION NUMBER 183/Pdt.G/2025/MS.Sgi)
This study was conducted to analyze the division of joint assets and the judge's legal considerations in determining the status of joint assets standing on land owned by one of the parties' parents and the suitability of the decision with the provisions of Law Number 1 of 1974 concerning Marriage. The method used in this study is normative law with a case approach, namely analyzing secondary data in the form of the decision of the Mahkamah Syar’iyah Sigli Number 183 / Pdt.G / 2025 / MS.Sgi as well as laws and legal materials related to joint assets. This study shows that in this case, the object of the dispute is a permanent house unit standing on land owned by the Plaintiff's parents which is recognized as joint assets, while the land where the house stands is the Plaintiff's inherited property, but in its consideration the Panel of Judges did not clearly outline the boundaries between joint assets in the form of a house and land as inherited property, but instead immediately decided that the Defendant should divide 2 houses in kind. So that the decision can give rise to double interpretations as if the land where the house stands is also part of the joint assets. This creates legal uncertainty in the implementation of the decision and could potentially harm one of the parties. Therefore, the division of joint assets should be carried out fairly by clearly separating the house as joint property from the land as acquired property, in order to comply with the provisions of the Marriage Law.
ANALYSIS OF THE IMPLEMENTATION OF GOOD GOVERNANCE PRINCIPLES ON PUBLIC SERVICE QUALITY
This study in the field of Public Administration is motivated by the persistently low quality of public services, reflecting weak implementation of Good Governance, particularly in terms of transparency and responsiveness. The objective of this study is to analyze the effect of good governance principles on the quality of public services. A quantitative approach with an explanatory design was employed, involving 120 respondents who were public service users in Manokwari Regency, selected through accidental sampling. Data were collected using a Likert-scale questionnaire and analyzed using linear regression. The results indicate that the implementation of good governance has a positive and significant effect on public service quality, with responsiveness emerging as the most dominant factor directly enhancing user satisfaction and perceived service quality. This finding highlights a novel contribution, demonstrating that strengthening responsiveness based on local needs is more effective than formal administrative approaches. The study concludes that the adaptive optimization of good governance principles is a key strategy for improving public service quality.Good Governance
IMPLEMENTATION OF THE E-MONITORING AND EVALUATION POLICY OF REGIONAL APPARATUS WORK PLAN AT THE CITY OF KOTAMOBAGU CITY INVESTMENT AND ONE-DOOR INTEGRATED SERVICES DEPARTMENT
This study aims to analyze the implementation of the e-Monev policy for the Regional Device Work Plan at the Kotamobagu City Investment and One-Stop Integrated Services Office and identify its determinants. The study employed a qualitative approach, with data collection techniques including interviews, observation, and documentation. Data analysis was conducted through data reduction, data presentation, and conclusion drawing. The research results indicate that the implementation of e-Monev has not been optimal. Despite being supported by regulations and technical guidelines, obstacles remain, such as data input errors, delays in input and reporting, and inconsistencies in supporting data. Determining factors affecting implementation include limited human resources, lack of commitment from implementers, and inadequate infrastructure. In conclusion, the success of e-Monev implementation is heavily influenced by communication, resources, the disposition of implementers, and bureaucratic structure. Therefore, increasing human resource capacity, strengthening commitment, and optimizing systems and infrastructure are necessary to support effective monitoring and evaluation of regional development.
DYNAMICS OF SOCIAL INTERACTION BETWEEN BOARDING HOUSE RESIDENTS AND THE LOCAL COMMUNITY IN MAJENE REGENCY
This study analyzes the dynamics of social interactions between boarding house residents and the local community in Majene Regency, West Sulawesi. The growth of boarding houses as a consequence of the increasing number of incoming students has created a new social space that brings together diverse cultural backgrounds. Using a qualitative phenomenological approach, this study explores the experiences of boarding house students, boarding house owners, and the local community in building social relationships, adapting to local norms, and managing potential conflicts. The results show that social interactions occur across a broad spectrum, ranging from associative forms such as accommodation and cooperation to dissociative forms such as controversy and value conflicts. Factors influencing the dynamics of interactions include cultural background, communication intensity, the role of boarding house managers, community leaders, and the duration of students' stay. Social capital in the form of networks, trust, and norms has proven to be an important instrument in facilitating student adaptation while strengthening social cohesion with the local community. This study confirms that boarding houses function not only as temporary housing but also as social institutions that play a role in the process of cultural and social integration in Majene. These findings contribute to the sociological study of social interaction and social capital and provide a basis for local policies to manage boarding houses more inclusively.
POLICE DISCRETION IN HANDLING DEMONSTRATIONS AS SEEN IN THE APPLICATION OF HUMAN RIGHTS
Police discretion is the authority held by the Indonesian National Police (Polri) to act based on their own judgment in certain situations, including in handling demonstrations. However, in practice, the use of discretion often raises legal issues, particularly regarding potential human rights violations. This study aims to analyze the regulation of police discretion in handling demonstrations and assess whether existing restrictions are adequate to guarantee human rights protection. The research method used is normative legal research, with a statutory and conceptual approach. The legal materials used include primary legal materials in the form of laws and regulations related to the police and human rights, as well as secondary legal materials in the form of literature and expert opinions. The analysis was conducted qualitatively using a deductive method. The results indicate that, normatively, police discretion has a legal basis and limitations based on the principles of legality, proportionality, and accountability. However, the existing regulations are still general and open to multiple interpretations, potentially leading to abuse of authority and human rights violations in the practice of handling demonstrations. Therefore, a more assertive and measurable reformulation of police discretionary regulations is needed, establishing clear boundaries and developing standard operating procedures (SOPs) oriented toward protecting human rights. In conclusion, strengthening police discretionary regulations through clear limitations and implementing human rights-based SOPs is a crucial step toward achieving just, proportional law enforcement that respects citizens' rights to express their opinions in public.
IMPLEMENTATION OF RESPONDENT DATA PROTECTION POLICY IN THE IMPLEMENTATION OF STATISTICAL ACTIVITIES AT BPS TOMOHON CITY
This study discusses the implementation of respondent data protection policy in the implementation of statistical activities at the Central Statistics Agency (BPS) of Tomohon City, with a focus on the dimension of data confidentiality as mandated in Law Number 16 of 1997 concerning Statistics and Law Number 27 of 2022 concerning Personal Data Protection. The purpose of this study is to describe, analyze, and explain the implementation of respondent data confidentiality policy and identify supporting and inhibiting factors in the implementation of the policy at BPS of Tomohon City. This study uses a qualitative approach with a case study design. Data were collected through in-depth interviews with six informants consisting of leaders, permanent employees, and statistical partners of BPS of Tomohon City, and supported by documentation studies. Data analysis was carried out using the interactive model of Miles, Huberman, and Saldana, with data validity testing through triangulation and member checks . The results of the study indicate that the implementation of respondent data protection policy at BPS of Tomohon City faces a shift in meaning from normative to pragmatic, especially at the statistical partner level. Although the multi-layered oversight system has been functioning well, the lack of technical Standard Operating Procedures (SOPs) and standard communication scripts has led to the emergence of "Cultural SOPs" and improvised communication in the field. The main supporting factors are a centralized data processing system and support from local authorities. Meanwhile, inhibiting factors include low legal literacy among statistical partners, minimal regulatory outreach, and public resistance dominated by tax concerns and perceived privacy risks, particularly among educated groups.
CRIMINAL LEGAL RESPONSIBILITY FOR THE USE OF NURSING PERSONNEL IN ANESTHESIA SERVICES: A LEGAL ANALYSIS FROM THE PERSPECTIVE OF LAW NUMBER 17 OF 2023 CONCERNING HEALTH
The use of nursing staff in anesthesia services has become a common practice in various Indonesian healthcare facilities. However, the arrangement of authority between "Nurse Anesthesiologist" and "Anesthesia Administrator" creates legal ambiguity that has the potential to lead to criminal liability in the event of malpractice. The purpose of this study is to analyze the construction of criminal liability for nurses and healthcare institutions in anesthesia services based on Law No. 17/2023 and to examine the limits of clinical authority that form the basis of such liability. The research method used is a normative juridical method with a statutory and conceptual approach. Analysis was conducted on related sectoral regulations and court decisions. The results of the study show that Law No. 17/2023 provides a clear legal basis regarding the obligations, authority, and criminal sanctions for nursing staff in anesthesia services. Negligence in anesthesia practice is a form of legal error that can give rise to criminal liability. Criminal liability is personal in nature, but under certain conditions it can be extended to healthcare institutions. The integration between Law No. 17/2023 emphasizes the importance of professional, safe and effective health service management obey the law. The implications of the research results are that Law No. 17/2023 have provided a strong legal basis in regulating the practice of nursing personnel in anesthesia services, so that any negligence committed must be in accordance with the established authority. Negligence in anesthesia practice is not only seen as a professional error, but also as an unlawful act that can give rise to criminal liability both individually and under certain conditions on a procedural basis.
LEGAL ANALYSIS OF THE OBLIGATIONS OF ELECTRONIC SYSTEM OPERATORS (PSE) IN PROTECTING THE CONFIDENTIALITY OF ONLINE LOAN BORROWERS' DATA
Technology-Based Peer-to-Peer Lending Services are a formal form of online lending services initially regulated by POJK No. 10/POJK.05/2022. On the one hand, these online loans make it easier for the public to obtain funds quickly; on the other hand, they also have the potential to harm those involved—for example, the rampant buying and selling of users’ personal data from fintech apps, which recently made headlines on social media. Some sellers of personal data possess thousands to millions of records, including ID cards (KTP), family cards (KK), and even selfies taken with ID cards. Such data breaches should not occur, as personal data within electronic systems is confidential. The research method employed by the author is normative legal research; additionally, this study was conducted using a qualitative approach, focusing on data collection through library research. Electronic System Operators are obligated to maintain confidentiality and security by implementing robust security systems (encryption) to prevent failures in personal data protection. Ultimately, customer data may only be used for the original purpose for which it was collected; Electronic System Operators must not sell or disclose data to third parties for marketing purposes without consent. The misuse of personal data by online lending businesses constitutes an unauthorized act and is explicitly prohibited in the electronic agreement between consumers and the business. Consequently, any actions taken without the consent of both parties constitute a breach of contract and may also be deemed unlawful.
THE INFLUENCE OF DOXING ON THE DEVELOPMENT OF CYBERCRIME THROUGH WHATSAPP IN A CRIMINALISTIC PERSPECTIVE
The development of information and communication technology has brought significant changes to people's interaction patterns, especially through the use of social media and instant messaging applications such as WhatsApp. On the other hand, these advances are also various forms of cybercrime, one of which is doxing. Doxing is the act of collecting, disclosing and disseminating a person's personal data without legal consent, which has the potential to cause serious harm to the victim. From a criminalistic perspective, doxing is not only understood as a violation of the law, but also as a criminal event that leaves a digital footprint that can be analyzed scientifically for the sake of legal proof. This study aims to examine the juridical regulation of cybercrime in Indonesian criminal law and analyze the influence of doxing in the development of cybercrime through WhatsApp. The research method used is normative juridical research with a literature approach. The results of the study show that although doxing has not been explicitly regulated as a separate offense, the act can be charged through the provisions of the Electronic Information and Transaction Law and the Personal Data Protection Law. Therefore, it is necessary to strengthen regulations and increase criminalistic understanding to deal with the increasingly complex phenomenon of doxing
LEGAL REVIEW OF INDUSTRIAL RELATIONS DISPUTES IN THE CASE OF ALLEGED UNION BUSTING AT PT DAECHANG AUTOMOTIVE INDONESIA IN 2026
Industrial relations disputes triggered by alleged union busting practices demonstrate the increasing complexity of conflicts between workers and employers, particularly in the context of freedom of association. In practice, actions that lead to weakening labor unions are often disguised in seemingly legal managerial policies, such as termination of employment (PHK). This study aims to analyze the types and characteristics of industrial relations disputes, examine alleged union busting practices based on applicable legal provisions, and determine the appropriate dispute resolution mechanism in the case of PT Daechang Automotive Indonesia in 2026. This study uses a qualitative approach with a normative juridical method and a case study design, with secondary data obtained through literature studies covering primary legal materials, secondary legal materials, and empirical sources in the form of news articles. The results show that the disputes that occur are multidimensional, including disputes over termination of employment and disputes regarding rights related to freedom of association. The characteristics of the disputes are marked by unequal bargaining positions between workers and employers, policy selectivity towards union officials, and the development of the conflict from individual to collective. Legally, there are strong indications of union busting practices, demonstrated by the fulfillment of elements of violations, including actions that hinder union activities and the use of efficiency reasons that are not in line with empirical conditions. The most appropriate resolution mechanism is through mediation as the primary effort, supported by the possibility of litigation through the Industrial Relations Court to ensure legal certainty and the protection of workers' rights. This research provides a theoretical contribution to the development of industrial relations studies as well as a practical contribution to strengthening protection of freedom of association and workers' welfare.
ABUSE OF FORCE BY MEMBERS OF THE DALMAS IN HANDLING DEMONSTRATIONS
Demonstrations are a form of implementation of human rights guaranteed by the 1945 Constitution of the Republic of Indonesia and Law Number 9 of 1998 concerning Freedom of Expression in Public. In its implementation, the Indonesian National Police (POLRI), especially the Dalmas (Community Police), has an obligation to maintain security and order during demonstrations. However, in practice, there are still cases of abuse of force by Dalmas members that are carried out excessively and disproportionately against demonstration participants. This study aims to analyze the forms of abuse of force by Dalmas members in handling demonstrations, the causes of abuse of authority, and law enforcement efforts against police officers who commit violations. The results of the study indicate that repressive actions by Dalmas officers that exceed the limits of authority are contrary to the principles of legality, proportionality, necessity, and respect for human rights as specified in applicable laws and regulations. This abuse of force can be categorized as a violation of the law, a violation of discipline, and a violation of the Indonesian National Police's professional code of ethics. Therefore, stricter oversight, increased professionalism of officers, human rights education, and reform of the police's legal culture are needed to achieve humane and democratic law enforcement.
TRANSFORMATION OF INDONESIA'S MARITIME SOVEREIGNTY AFTER THE RECOGNITION OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA 1982
This study aims to analyze the transformation of Indonesia's maritime sovereignty after the recognition of the United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) and its implications for national legal arrangements. Prior to the recognition of UNCLOS 1982, the regulation of Indonesia's maritime territory still referred to the Territoriale Zee en Maritieme Kringen Ordonantie 1939 which caused inter-island waters to be treated as high seas, thereby weakening national territorial integration. This study is a normative legal study employing statutory approach and conceptual approach. The results show that the recognition of the concept of an archipelagic state in UNCLOS 1982 provides legal legitimacy for Indonesia to establish archipelagic baselines, expand maritime jurisdiction, and affirm the sea as a unified national sovereign territory. UNCLOS 1982 also brought about a change in the conception of maritime sovereignty from its original absolute nature to differentiated sovereignty between full sovereignty in territorial seas and archipelagic waters with sovereign rights in the Exclusive Economic Zone and continental shelf. This transformation was then implemented through the harmonization of various national regulations concerning maritime affairs, waters, national territory, and Indonesia's EEZ. However, the implementation of Indonesia's maritime sovereignty still faces challenges in the form of overlapping maritime claims, the threat of violations at sea, and suboptimal maritime law enforcement.
LEGAL ASPECTS OF THE USE OF ARTIFICIAL INTELLIGENCE IN TELEMEDICINE-BASED DIAGNOSIS: BETWEEN AID TOOLS MEDICAL AND CLINICAL DECISION MAKING
The development of Artificial Intelligence (AI) technology in healthcare has encouraged its use in telemedicine-based diagnosis. In Indonesia, the application of AI in telemedicine raises legal questions regarding the status of AI: whether it is merely a medical aid or has become a determinant of clinical decisions. This study aims to analyze the legal aspects of the use of AI in telemedicine by examining the legal framework, the principles of legal responsibility of medical personnel and healthcare facilities, and the ethical implications for the doctor-patient relationship. The research method used is normative juridical with a limited statutory, conceptual, and comparative approach. The results show that based on Law Number 17 of 2023 concerning Health, Law Number 29 of 2004 concerning Medical Practice, and the Minister of Health Regulation concerning the implementation of telemedicine, AI is not yet normatively recognized as a legal subject, but rather as an instrument or aid in the healthcare process. Clinical decisions remain with the physician as the primary person responsible for medical services. However, the high degree of autonomy of AI systems and doctors' reliance on AI recommendations creates a gray area of ​​legal liability, particularly in the case of misdiagnosis or delayed diagnosis. This study recommends the need for specific regulations (lex specialis) regarding medical AI, standards for AI-assisted medical practice, mechanisms for the feasibility and certification of AI devices, and strengthening informed consent that explicitly includes the use of AI in telemedicine services. This will ensure legal certainty, patient protection, and professional accountability in the era of digital transformation in healthcare services.
LEGAL AND TECHNOLOGICAL ANALYSIS OF DAPODIK DATA FORGERY IN PKBM NON-FORMAL EDUCATIONAL UNITS
The digitalization of Indonesia's education system has provided the Basic Education Data (Dapodik) as a national database that supports administration, planning, and the distribution of educational assistance. In practice, the use of the Dapodik system in non-formal education units, such as Community Learning Centers (PKBM), still faces various issues, one of which is administrative data falsification. This data manipulation can include the inclusion of fictitious students, the manipulation of study group numbers, and the use of educator data that does not reflect actual conditions. These actions not only impact the validity of education policies but also have the potential to cause state losses and legal violations. This study aims to analyze the forms of Dapodik data falsification in PKBM, examine the legal accountability of data falsifiers, and analyze the role of technology in detecting and preventing educational data manipulation. The study uses a qualitative method with a normative juridical approach and an information technology approach. Data sources were obtained through library research, including legislation, legal literature, scientific journals, and various studies on educational information systems and cases of Dapodik data falsification. The research results indicate that the practice of falsifying Dapodik data occurs due to a weak monitoring system, suboptimal data validation, and low integrity of educational administration managers. From a legal perspective, these actions can be categorized as a form of document falsification and misuse of electronic systems, which are potentially subject to sanctions under criminal law and the Electronic Information and Transactions Law. Furthermore, advances in information technology can be utilized as a preventative measure through the implementation of automated validation systems, population data integration, digital audits, and artificial intelligence-based monitoring to detect irregular data.
IMPLEMENTATION OF THE REHABILITATION PROGRAM FOR NARCOTICS INMATES AT THE CLASS IIB CORRECTIONAL INSTITUTION OF LUBUK PAKAM
The narcotics problem in Indonesia continues to rise, with one-third of inmates convicted of drug offenses. This study analyzes the implementation and challenges of the rehabilitation program at the Class IIB Correctional Institution of Lubuk Pakam using a normative-empirical juridical approach. The program follows relevant regulations through WHO-ASSIST screening, assessment, staged rehabilitation, and post-rehabilitation. Cooperation with the Titian Harapan Indonesia Foundation has proven effective, with 85% of participants experiencing improved quality of life. Main obstacles include limited qualified personnel, infrastructure, coordination, and funding. Optimization requires capacity building, infrastructure improvement, partnership expansion, and increased financial support.
LOCAL DEMOCRACY IN INDONESIA: A COMPARISON OF DIRECT AND INDIRECT REGIONAL HEAD ELECTION SYSTEMS
This paper begins with the debate over direct and indirect elections in regional head elections in Indonesia. This study aims to compare the two electoral systems that have each been implemented in Indonesia, particularly in selecting leaders at the regional government level. The research method used is a qualitative descriptive approach , with the primary data source coming from a literature review of scientific journals, books, reports, official documents, and other relevant references. The results show that both systems have a legitimate basis to justify their adherence to democratic values. Ultimately, no system is perfect; the most important thing is to pursue the best strategy within whichever system is agreed upon.
ANALYSIS OF CRIMINAL RESPONSIBILITY AGAINST THE PERPETRATOR CRIMINAL ACTS OF CORRUPTION IN THE USE OF TECHNOLOGY DIGITAL AS A MEANS OF CRIME
The rapid development of digital technology has opened up new opportunities for perpetrators of corruption to exploit various digital platforms and systems as a means of committing crimes. This study aims to analyze the forms of criminal liability for perpetrators of corruption who utilize digital technology, review applicable regulations, and formulate comprehensive legal policy recommendations. The research method used is normative juridical with a statutory approach and a conceptual approach. The results show that the use of digital technology in corruption crimes includes the use of virtual accounts, digital cross-border transfers, manipulation of electronic procurement system data, and concealment of assets through crypto assets. Provisions for criminal liability are regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption and Law Number 19 of 2016 concerning Electronic Information and Transactions. The conclusion of this study is that there is a legal gap in handling digital-based corruption that requires comprehensive legislative updates along with strengthening the capacity of law enforcement officers in the field of digital forensics.
AN EVALUATION OF THE PRINCIPLE OF ADEQUACY IN THE U.S. AND INDONESIA RECIPROCAL TRADE AGREEMENT
International trade today is no longer limited to the pricing of physical commodities; it has shifted toward the exchange of data, digital services, and high-tech investments. In this dynamic, the Adequacy Principle emerges as a key instrument. Article 56 of Law Number 27 of 2022 on Personal Data Protection (PDP) stipulates that cross-border data transfers are only permitted if the destination country has: (1) an equivalent or higher level of PDP, or (2) adequate and legally binding PDP measures, or (3) the consent of the data subject. To date, the Government Regulation—which is intended to establish the aforementioned equivalence criteria as a derivative of Article 56 has not yet been issued. In Article 3.2 Agreement Between The United States Of America And The Republic Of Indonesia On Reciprocal regarding Trade Data Transfers The principle of adequacy in U.S.-Indonesia trade relations remains asymmetrical. The United States tends to use adequacy as a leverage tool for global standardization, while Indonesia is still in a transitional phase of aligning domestic regulations (such as the PDP Law) to gain international recognition. Major Obstacles to Achieving a Mutually Beneficial Adequacy Status in U.S. and Indonesia Trade Relations include Differences in Cross-Border Data Protection Paradigms, Differences in Cross Border Data Protection Paradigms, Misalignment of Intellectual Property Rights (IPR) Enforcement Standards, and Regulatory Inconsistencies and Legal Uncertainty in Indonesia
RESTORATIVE JUSTICE FOR CHILDREN IN CONFLICT BY LAW REVIEWED LAW NUMBER 11YEAR2012ABOUT THE JUVENILE CRIMINAL JUSTICE SYSTEM
This study examines the application of restorative justice to children in conflict with the law from the perspective of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law). The purpose of the study was to analyze the application of restorative justice principles, identify obstacles to their implementation, and assess the extent to which the juvenile justice system in Indonesia has prioritized the best interests of children. This study uses a normative juridical method with a statutory approach and conceptual approach, supported by secondary data in the form of laws and regulations, legal literature, and previous research results. The results of the study show that normatively, the SPPA Law has provided a strong legal basis for the application of restorative justice through the Diversion mechanism as stipulated in Articles 6-15. The main principle of the juvenile justice system emphasizes protection, justice, the best interests of children, and makes detention and punishment as the last resort (ultima ratio) as stated in Article 2 letters i and j. However, empirically, the implementation of this principle is not optimal. Diversion often fails to be carried out due to the lack of understanding of the authorities of Article 9 and Article 10 which regulate the consent of victims and the limits of minor crimes. In addition, the implementation of child protection as stipulated in Articles 30-38 has not been maximized, because children are still often detained even though they do not meet the conditions of detention.
TRANSFORMATIONAL LEADERSHIP OF VILLAGE HEAD IN IMPROVING PUBLIC SERVICE INNOVATION IN TAPENPAH VILLAGE, INSANE DISTRICT, NORTH CENTRAL TIMOR REGENCY
Creative service requires a transformational leader to improve public service innovation in the village. Public services in Tapenpah Village, Insana District, North Central Timor Regency (TTU) cover various aspects such as health, administration, and social assistance. Services at the village office are also required to provide excellent service. TAJUK (Tapenpah Just Click) innovation is an excellent service system for the community to make it easier for people to obtain various letters without having to come to the village office. The research method used in this study is a qualitative method with the focus of the research, namely: Showing ideal influence, generating inspirational motivation, providing intellectual stimulation, enforcing followers by paying attention to followers. The results of the study indicate that the Tapenpah Village government realizes public service innovation in the village by influencing the community to carry out services online, providing motivation and intellectual stimulus to the community to learn to access the village website, and providing good attention to the community. This innovative service can be influenced by the transformational leadership of the village head in improving public service innovation in Tapenpah Village, Insana District, TTU Regency.
LEGAL ANALYSIS OF CRIMINAL ACTS BY PERPETRATORS ON SOCIAL MEDIA BY INTENTIONALLY ACCESSING ELECTRONIC INFORMATION / ELECTRONIC DOCUMENTS CONTAINING INSULTING / DEFAMATION (STUDY OF DECISION NUMBER 5201 K/Pid.Sus/2025/PN. Lubuk Pakam)
The existence and use of the internet today is like a double-edged sword. Besides contributing to the improvement of human welfare and the advancement of civilization, it can also be a means for committing various unlawful acts, including criminal acts. These crimes include information espionage, data theft, credit card fraud, the spread of computer viruses, adult and child pornography, the distribution of problematic emails, and anti-ethnic, religious, racial, and intergroup (SARA) campaigns, terrorism, and extremism via the internet. These various forms of crime are known as "cybercrime." The term "cybercrime" is also equated with "Cybercrime," "Cybercrime," or "International Crime."
REGULATION REFORM AND IMPLEMENTATION OF SANCTIONS FOR DRUG ABUSERS IN INDONESIA BASED ON LEGAL CERTAINTY
This study examines the urgency of regulatory reform and reform of the sanction system for drug abusers in Indonesia based on the principle of legal certainty. The main issues cover three dimensions: first, normative problems in the implementation of Law Number 35 of 2009 concerning Narcotics; second, a comparison of the sanction application models between Indonesia, Portugal, and the Netherlands; and third, the ideal concept of narcotics regulatory reform that can guarantee legal certainty, benefit, and justice. This study uses a normative juridical method with four approaches: statute approach, historical, comparative, and case study. The results of the study indicate that Law No. 35 of 2009 contains several structural weaknesses, including the ambiguity of the definition of abuser, addict, and victim; the potential for multiple interpretations in the article on narcotics possession; the dominance of a criminalization approach that has the potential to criminalize users; and the absence of specific provisions for sanctions for children. Comparatively, Portugal and the Netherlands have implemented a health-based paradigm and harm reduction as alternatives that have proven to be more effective. The ideal concept of national narcotics law reform must reflect the three objectives of law according to Gustav Radbruch, namely certainty (Rechtssicherheit), benefit (Zweckmassigkeit), and justice (Gerechtigkeit).
EVALUATION OF THE GOVERNMENT AGENCY PERFORMANCE ACCOUNTABILITY SYSTEM (SAKIP) IN NORTH MINAHASA REGENCY
The purpose of this study is to evaluate the implementation of the Government Agency Performance Accountability System (SAKIP) in the Organizational Section of the Regional Secretariat of North Minahasa Regency, analyze the causes of its suboptimality, and identify supporting and inhibiting factors in the implementation of SAKIP. The research method used is a qualitative approach with a descriptive research type. Data collection was carried out through in-depth interviews, observation, and documentation. Data analysis refers to the Miles, Huberman, and Saldana model, including data collection, data condensation, data presentation, and conclusion drawing. Data validity was tested using source and technique triangulation. The results of the study indicate that the implementation of SAKIP is not optimal. This is due to several problems, namely: 1) Performance Planning, there is a lack of synchronization between strategic and annual planning documents and the less than optimal alignment of Key Performance Indicators with the RPJMD, 2) Performance Measurement still faces problems in the validity of achievement data, differences in OPD understanding in distinguishing output and outcome indicators, and limitations of the performance information system 3) Performance Reporting is hampered by delays in submitting LKjIP, non-uniformity in understanding reporting standards, and low quality of performance achievement analysis 4) Internal Evaluation and Follow-up show that OPD understanding of evaluation results is still low, follow-up is not consistent between OPDs, and coordination has not been effective. The supporting factors for SAKIP implementation include the commitment of regional leaders and regulatory support. The main inhibiting factors are limited human resource capacity, weak coordination between regional devices, and the less than optimal use of information technology.
LAW ENFORCEMENT EFFECTIVENESS AGAINST DIGITAL CONTENT PIRACY IN THE PERSPECTIVE OF INTELLECTUAL PROPERTY LAW
The rapid development of digital technology has significantly expanded the distribution of copyrighted works, however it has also intensified the practice of digital content piracy, resulting in economic losses and weakening legal protection for copyright holders. This condition highlights the urgency of examining the effectiveness of the existing legal framework. This study aims to analyze the effectiveness of law enforcement against digital content piracy from the perspective of intellectual property law, focusing on normative consistency, regulatory harmonization, and the adequacy of legal sanctions. The research employs a normative legal method with statutory and conceptual approaches, utilizing primary legal materials including Law Number 28 of 2014 on Copyright, Law Number 11 of 2008 concerning Electronic Information and Transactions as amended by Law Number 19 of 2016, Government Regulation Number 71 of 2019, and Minister of Communication and Informatics Regulation Number 5 of 2020 as amended by Regulation Number 10 of 2021. These materials are analyzed using qualitative descriptive analytical methods. The findings indicate that normatively the legal framework governing digital content piracy is relatively comprehensive, however there remain regulatory inconsistencies, weaknesses in sanction formulation, and limitations in addressing the dynamics of digital platforms which may hinder effective law enforcement. The novelty of this research lies in its integrated cross regulatory analysis to identify normative gaps within the digital copyright protection regime. This study concludes that regulatory harmonization, strengthening of sanction norms, and legal policy reform are necessary to enhance the effectiveness of intellectual property protection in the digital era.
RATIO DECIDENDI MILITARY COURT JUDGES IN DECIDING ON THE CRIMINAL ACT OF DESERTION (STUDY OF DECISION NUMBER 30-K/PM.I-02/AD/IV/2023, DECISION NUMBER 34-K/PM.I-02/AD/IV/2023)
Desertion is a criminal offense that causes significant harm to multiple parties, particularly the perpetrator, their family, their military unit, and the state, which has invested substantial resources in their education and training. This study examines the following issues: how desertion committed by members of the Indonesian National Armed Forces (TNI) is regulated under applicable law; how the principles of military necessity are applied in adjudicating desertion cases involving TNI personnel; and how the ratio decision of military court judges is implemented in such cases, based on Decision No. 30-K/PM.I-02/AD/IV/2023 and Decision No. 34-K/PM.102/AD/IV/2023. This research employs a normative legal approach. The findings indicate that the legal framework governing desertion by TNI members is regulated under Article 87 paragraphs (2) and (3) of the Indonesian Military Criminal Code (KUHPM). Article 87 paragraph (2) provides that desertion committed during peacetime is punishable by imprisonment for a maximum of 2 years and 8 months, while paragraph (3) provides that desertion committed during wartime is punishable by imprisonment for a maximum of 8 years and 6 months. However, the KUHPM contains several terms that give rise to multiple interpretations, particularly regarding the concept of peacetime. The principle of military necessity in adjudicating desertion cases involving TNI members is inseparable from three fundamental principles: the principle of unity of command, the principle of command responsibility, and the principle of military necessity itself. These principles form the basis for examining desertion cases involving active TNI personnel. The ratio decidendi of military court judges in these cases, as reflected in Decision No. 30-K/PM.I-02/AD/IV/2023 and Decision No. 34-K/PM.I-02/AD/IV/2023, shows that the panel of judges found the defendants guilty of committing desertion on the grounds that they intentionally carried out the act and deliberately ceased performing their duties as military personnel, and that the acts were committed during peacetime
Textiles, Tattoos, and Tradition: Cultural Expressions in Naga Society
The cultural heritage of the Naga communities of Northeast India represents a rich tapestry of indigenous traditions, artistic practices, and social identities. Among the most significant expressions of Naga culture are textiles, tattoos, and customary traditions, each of which functions as a marker of identity, status, memory, and community belonging. This article examines how these cultural forms have historically shaped social life among various Naga tribes and how they continue to evolve in the context of colonial influence, Christianity, modernization, and globalization. Traditional textiles communicate social hierarchy, clan affiliation, and aesthetic values through distinctive motifs and weaving techniques. Similarly, tattooing practices, particularly among tribes such as the Konyak Nagas, served as symbols of bravery, achievement, and ritual identity. Alongside these artistic forms, indigenous traditions such as festivals, oral narratives, and communal institutions have played an essential role in preserving collective memory and cultural continuity. The article argues that textiles, tattoos, and traditions are not merely decorative or symbolic practices but living archives of Naga history and identity. Despite social transformation and external influences, these cultural expressions continue to remain central to contemporary discussions of indigenous heritage and cultural preservation in Northeast India.
LEGAL PROTECTION FOR GRANT RECIPIENTS FOR DELAY IN REGISTRATION OF PPAT DEEDS IN TRANSFER OF LAND RIGHTS
A grant is a free gift from the grantor to the grantee made while both parties are still alive. The grant agreement is the authority of the Land Deed Making Officer (PPAT) which is also stated in Article 40 of Government Regulation Number 24 of 1997 concerning Land Registration that the PPAT has an obligation to register the deed of grant he made and submit the deed along with the relevant documents to the Land Office no later than 7 (seven) working days from the date of signing the deed in question. However, there are still PPATs who are negligent in complying with these regulations, resulting in delays in registering the deed of grant to the Land Office, of course, this negligence causes losses for the grantee. This study aims to analyze the legal consequences of the delay in registering the deed of grant by the Land Deed Making Officer (PPAT) on the status of transfer of land rights and to examine the form of legal protection for the grantee regarding the delay in registering the deed of grant. The research method used is normative juridical legal research with a statutory approach and a case approach with this research being prescriptive. The results of the study indicate that the delay in registering the deed of gift results in the inability to transfer land rights, so that the transfer of rights is not recorded administratively with the land rights still registered in the name of the grantor. This also has an impact on the weak legal position of the grantee and has the potential to cause disputes such as blocking the grant object by the grantor, in this case the grantee does not get legal certainty because the transfer of rights cannot be continued. Although the deed of gift has been signed, it remains valid despite the delay in registration, but the deed has not yet transferred rights, therefore the grantee does not have legal force over the grant object. Furthermore, this negligence can result in the opportunity for disputes because the grantee has not been legally registered as the owner of the rights to the grant object legally. Legal protection for grantees consists of preventive and repressive protection. Preventive protection is obtained through the existence of regulations regarding registration obligations by PPAT within a predetermined time period, while repressive protection is provided by filing a lawsuit with the court and demanding compensation against the PPAT for his negligence. Thus, it is necessary to increase awareness of compliance by PPAT in carrying out his duties and authorities, including his obligations, as well as legal protection for grantees.
ELECTRONIC MEDICAL RECORD DATA PROTECTION IN DIGITAL HEALTH SERVICES
Digital transformation in the healthcare sector is driving the adoption of electronic medical records as an effort to improve efficiency, service quality, and patient data integration. However, this digitalization also poses risks to the protection of sensitive patient personal data, such as potential data leaks, information misuse, and privacy violations. This study aims to analyze the legal protection provisions for electronic medical records and assess the effectiveness of law enforcement in digital healthcare services in Indonesia. The research method used is normative juridical with a statutory and conceptual approach. The legal materials consist of laws and regulations, scientific literature, and previous research results, which are analyzed qualitatively using descriptive-prescriptive methods. The research results show that, normatively, the protection of electronic medical records is regulated through the Personal Data Protection Law and sectoral regulations in the health sector, which emphasize the principles of confidentiality, security, and accountability of patient data. However, regulatory harmonization remains problematic, particularly regarding the division of legal responsibilities and cross-system data management mechanisms. Furthermore, the effectiveness of law enforcement remains suboptimal due to weak oversight, limited institutional capacity, low legal awareness, and uneven distribution of technological infrastructure. In conclusion, the protection of electronic medical records requires strengthening through regulatory harmonization, increased law enforcement capacity, and enhanced security systems and digital literacy. These efforts are crucial to ensure the protection of patient privacy rights while supporting the development of secure and reliable digital healthcare services.
IMPLEMENTATION OF TRIAL MANAGEMENT POLICY AT THE MANADO CITY DPRD SECRETARIAT
This study aims to analyze the implementation of the trial management policy at the Manado City DPRD Secretariat and identify supporting factors, obstacles, and strategic steps to improve trial effectiveness. The study used a descriptive qualitative approach with data collection techniques through in-depth interviews, observation, and documentation studies. The results showed that the implementation of the trial management policy has been running with an adequate regulatory basis (PP No. 12 of 2018 and Permendagri No. 104 of 2018), but is not yet optimal. The communication aspect has used formal and informal channels, but the consistency of information delivery is still hampered by sudden agenda changes. The resource aspect shows the availability of competent human resources and adequate facilities, but the number of staff is limited when the agenda is busy and the budget is less flexible. The disposition aspect reveals a high commitment of administrative staff, but the discipline of DPRD members' attendance remains a structural challenge. The bureaucratic structure aspect has a clear division of tasks, but the coordination mechanism and adaptability of SOPs need to be strengthened. The main supporting factors include regulatory clarity, staff competence, and leadership support, while significant inhibiting factors are agenda uncertainty, lack of quorum, and budget limitations/flexibility. This study recommends the development of an integrated digital system, adaptation of emergency SOPs, optimization of human resources through training, and strengthening cross-departmental coordination to improve the effectiveness of trial management.