Search Articles & Publications

Showing 167 articles found for "Right"

Legal Protection for Teachers Against Threats of Physical Violence from Parents at School

Tatik Ernawati, M. Syahrul Borman, Dedi Wardana Nasoetion, Vallencia Nandya Paramitha, Hartoyo Hartoyo
Abstract: The teaching profession plays a strategic role in advancing national education, as mandated by the 1945 Constitution of the Republic of Indonesia. However, teachers frequently face challenges, including threats of physical… al violence from students’ parents, which undermine their dignity and safety in the educational environment. This study addresses the problem of how legal frameworks provide protection for teachers and whether existing regulations adequately ensure their rights and security. The research aims to analyze the effectiveness of legal protection for teachers under the Criminal Code, Law No. 14 of 2005 on Teachers and Lecturers, Law No. 35 of 2014 on Child Protection, and Ministerial Regulations concerning teacher protection. The study employs a normative juridical method with a statute, conceptual, and case approach, relying on primary, secondary, and tertiary legal materials, analyzed through qualitative interpretation and juridical argumentation. The results indicate that although legal instruments exist, their implementation remains weak due to the absence of technical regulations, limited institutional coordination, and insufficient support systems for teachers at the school level. The study concludes that derivative regulations and integrated mechanisms are essential for ensuring effective protection. It recommends strengthening inter-agency coordination, establishing school-level protection units, and enhancing teachers’ legal literacy.

Legal Protection For Consumers In Digital Transactions: Case Study And Analysis

Sri Anggraini Kusuma Dewi
Abstract: This study aims to analyze the effectiveness of legal protection for consumers in digital transactions in Indonesia. The method used is library research with a normative juridical approach. The results of the study indicate… ate that Indonesia actually has an adequate legal basis to protect digital consumers, which is primarily sourced from Law Number 8 of 1999 concerning Consumer Protection and Law Number 19 of 2016 concerning Information and Electronic Transactions. These regulations have set out basic principles such as the obligation of business actors to provide honest information, consumer rights to security, and the recognition of electronic evidence. However, its implementation in the field encounters various significant obstacles. Case studies on e-commerce and fintech platforms reveal that consumer losses still often occur, such as products that do not match the description, difficulties with refunds, and the vulnerability of personal data. The key finding of this study is that the main challenge lies not in the legal vacuum, but in three aspects: (1) low digital literacy and consumer law so that they are not optimal in fighting for their rights; (2) alternative dispute resolution mechanisms such as BPSK and ODR (Online Dispute Resolution) which are not yet effective, fast, and easily accessible; and (3) weak supervision and law enforcement against unscrupulous business actors in the digital space. Therefore, it is concluded that digital consumer protection efforts require a holistic approach that relies not only on regulations, but also through massive public education, strengthening dispute resolution institutions, and closer synergy between the government, business actors, and the community.

Legal Safeguards for Justice Collaborators in Murder Cases: The Richard Eliezer Verdict Analysis

Charles Ardani, Sri Astutik, Vieta Imelda Cornelis, Siti Marwiyah, Bachrul Amiq
Abstract: Justice collaborators, or "crown witnesses," have become essential in modern criminal justice systems, particularly in dismantling organized crime and uncovering complex murder cases. This study explores the legal protections… tions afforded to justice collaborators in Indonesia through a doctrinal analysis of the Supreme Court Decision No. 1704 K/PID.SUS/2022, commonly known as the Richard Eliezer verdict. The objective is to critically examine the adequacy and application of legal safeguards provided to individuals who cooperate with law enforcement while implicated in serious crimes. Employing normative legal research methods and a statutory and case approach, the paper reveals discrepancies in the implementation of protections for justice collaborators. While the Indonesian Witness and Victim Protection Agency (LPSK) offers procedural protections, this analysis identifies significant gaps in enforcement, judicial interpretation, and institutional coordination. The findings underscore a need for stronger legislative frameworks and consistent judicial standards to uphold the rights and safety of justice collaborators. The implications extend to criminal law reform and the balancing of retributive justice with restorative mechanisms. This study contributes to the legal discourse on human rights protections in criminal procedure, particularly concerning vulnerable individuals assisting the justice system under duress or threat.

Exoneration Clause in Freight Forwarding Agreements from the Perspective of Consumer Protection

Indah Nuraini, Nur Handayati, Wahyu Prawesti, Hartoyo Hartoyo, Noenik Soekorini
Abstract: Freight forwarding agreements in Indonesia frequently contain exoneration clauses that exempt logistics providers from liability for loss or damage, raising serious concerns regarding consumer protection. While such clauses… ses are designed to manage contractual risk, they often conflict with the principles enshrined in Law No. 8 of 1999 on Consumer Protection (UUPK), particularly those ensuring fairness, good faith, and legal accountability. This study investigates the legality and ethical implications of exoneration clauses within standard-form freight forwarding contracts used by companies such as JNE, TIKI, and SiCepat. Employing a doctrinal legal research methodology, the study integrates statutory, conceptual, and case-based approaches to analyze primary legislation, judicial decisions, and relevant legal doctrines. It critically evaluates the use of these clauses in light of consumer rights, contract theory, and the economic impact on service quality. Findings reveal that exoneration clauses not only contravene the UUPK but also create systemic contractual imbalances due to the lack of negotiation opportunities and transparency. The study proposes a normative legal framework for reform, including clause classification, interactive consent mechanisms, and regulatory enforcement to ensure contractual fairness. This research contributes to both legal scholarship and policy development by highlighting the urgent need for doctrinal clarity and regulatory oversight in Indonesia's logistics sector.

Fulfillment of the Right to Reduction of Prison Sentence for Drug Convicts

Amas Madina, Hartoyo Hartoyo, Fathul Hamdani, Fitri Ayuningtyas, Siti Marwiyah
Abstract: This study examines the fulfillment of remission rights for drug offenders in Indonesia following the enactment of Government Regulation No. 99 of 2012, which introduced restrictive provisions inconsistent with the rehabilitative… ilitative vision of Law No. 12 of 1995. The research problem lies in the normative contradiction between correctional laws oriented toward behavioural reform and derivative regulations that prioritise punitive measures. The study aims to evaluate the implementation of remission regulations and their alignment with principles of justice and human rights. Employing a normative legal research design, it analyses statutes, judicial decisions, doctrines, and comparative law. Findings reveal that remission has shifted from a universal right to a conditional privilege, disproportionately affecting low-level drug offenders, exacerbating prison overcrowding, and weakening legal certainty. The study concludes that policy reform is necessary through individualised assessments, restorative justice integration, independent oversight, and regulatory harmonisation to restore fairness and uphold human rights.

Legal Review of Local Government Institutions in Papua under Government Regulation No. 106/2021

Billy Muskitta Bastian Erlando, Vieta Imelda Cornelis, Noenik Soekorini, Sri Astutik, Hartoyo Hartoyo
Abstract: The Province of Papua holds a special constitutional status under Law No. 2 of 2021, implemented through Government Regulation (PP) No. 106 of 2021, which assigns 23 governmental functions to regional authorities. The regulation… gulation embodies asymmetric decentralization intended to protect the rights of Indigenous Papuans (OAP) and address local needs. However, it raises legal concerns regarding ambiguous authority distribution between central, provincial, and municipal levels, as well as the unclear operational role of the Papuan People’s Assembly (MRP). The main research problem is whether PP No. 106/2021 provides a coherent and constitutionally consistent governance framework. This study applies doctrinal legal research using normative-analytical methods, including statutory interpretation, constitutional tests, and comparative perspectives. The findings indicate weak accountability mechanisms in managing Special Autonomy Funds, limited integration of customary law, and institutional fragility in newly established bodies such as BP-DOP and UPAP. The study concludes that PP No. 106/2021 does not fully align with the constitutional principles of legal certainty and decentralization. It recommends substantial revisions, strengthening MRP’s legal status, formal recognition of customary law through Perdasus, and an institutional blueprint with clear performance indicators to ensure effective, inclusive, and adaptive governance in Papua

Evolution And Contribution Of Artificial Intelligencess In Indonesian Education

Rahula Hananuraga, Nasril Nasril, Agustinus Tanggu Daga, Opan Arifudin, Petrus Jacob Pattiasina
Abstract: The aim of this research is to analyze the evolution and contribution of artificial intelligence (AI) in the Indonesian education system. This research aims to understand how AI technology has developed and been applied… in various aspects of education, from administration, personalized learning, to evaluating learning outcomes. The research methods used are literature studies and secondary data analysis from various sources, including academic journals, government reports, and case studies of AI implementation in a number of educational institutions in Indonesia. The research results show that AI has made a significant contribution to improving administrative efficiency, facilitating more adaptive learning, and providing in-depth data analysis for educational decision making. However, challenges such as the digital divide, limited infrastructure, and the need to increase teacher competency in using AI technology still need to be overcome. This research concludes that with the right policy support and investment in infrastructure and training, AI has great potential to transform Indonesian education in a more inclusive and quality direction.

Implementation of Labor Law in the Era of Industrial Revolution 4.0 - Challenges and Solutions

Bachrul Amiq, Wahyu Prawesthi, Noenik Soekorini, Hartoyo Hartoyo, Sri Astutik
Abstract: The Industrial Revolution 4.0 has drastically transformed global industries, introducing advanced technologies such as automation, artificial intelligence, and digitalization into the workplace. This rapid technological… shift has presented significant challenges for labor laws, which are often designed for traditional work environments. This study explores the implementation of labor law in the context of the Industrial Revolution 4.0, analyzing the challenges faced by both employers and employees in adapting to these new technological advancements. Using a qualitative methodology, this research employs a juridical review of existing labor laws, supported by an in-depth case study examining how these laws are applied in technology-driven industries. The findings indicate that labor laws often lag behind the technological advances, leading to gaps in legal protections for workers and ambiguities in employer obligations. The case study highlights specific instances where current labor regulations fail to address issues related to remote work, job displacement due to automation, and workers' rights in the gig economy. Solutions are proposed to modernize labor laws, ensuring they are adaptable to future technological developments while safeguarding workers' rights. The study concludes that there is an urgent need for legal reforms to balance innovation with fair labor practices in the era of Industry 4.0.

Analysis of Community Participation in Development in Lingat Village, Selaru District, Tanimbar Islands Regency.

Redrik Hirohito Lethulur, Josep A. Ufi, La Madjid
Abstract: This research was conducted in Lingat Village, Selaru District, Tanimbar Islands Regency. Primary data collection was carried out through interviews with a number of informants who were considered to be directly involved… in the development processes taking place in Lingat Village. The results of this research show that first, the participation of personnel from the Lingat village community in development programs taking place in Lingat village is still minimal because the community's awareness of responsibility for development programs is low for which people are willing to work if they are given wages. Second, there are also material participants from the Lingat village community who give for free or willingly, but there are also those who give by asking for something in return. Third, community participation in maintaining and enjoying development in Lingat village is good, because the community participates in enjoying the results of development in the village, for this reason the Lingat village community is responsible for maintaining development in Lingat village so that it can be used together.Based on the results of the research above, the Lingat village government is advised to look at and follow up on these matters by providing socialization to the Lingat village community about the responsibilities, rights and obligations of the community in every development program that occurs in the village, especially in Lingat village, Selaru sub-district. Tanimbar Islands Regency.

The Financial Performance Reviewed Through Liquidity and Market Ratio

Ameliana, Hesty, Octafian, Ray
Abstract: This research aims to investigate the financial performance of a company by focusing on liquidity ratio analysis and market ratio analysis. Financial performance is a key indicator in evaluating the stability and financial… al efficiency of a company. Liquidity ratios and market ratios are used to measure the financial performance of PT Gudang Garam Tbk as a case study during the period 2021-2023. By analyzing liquidity ratios and market ratios, this research aims to provide a deeper understanding of the financial health and market valuation of PT Gudang Garam Tbk. The research findings explain that overall, PT Gudang Garam Tbk needs to focus on better liquidity management and strategic initiatives. Management should be proactive in analyzing the factors affecting the financial performance of the company and take necessary actions to improve the situation. With careful management and the right strategies, PT Gudang Garam Tbk is expected to improve its financial performance and maintain stability in the long term