Abstract:This research examines the relevance of adopting the concept of active judges within adversarial common law traditions to Indonesia’s hybrid criminal procedure. The primary objective is to explore whether the active judge…
dge model can strengthen Indonesia’s criminal justice reform without undermining its civil law foundation. This study employs a normative juridical method with a comparative approach, analyzing doctrinal sources, statutory law, and scholarly debates from both civil law and common law perspectives. The findings suggest that while the adversarial system traditionally restricts judges to a passive role, the notion of an active judge has emerged to prevent procedural abuses and ensure substantive justice. For Indonesia, integrating aspects of the active judge model may contribute to enhancing transparency, protecting defendants’ rights, and harmonizing procedural justice with societal expectations. Nevertheless, challenges remain, particularly concerning judicial independence, consistency of application, and potential conflicts with established inquisitorial practices. This study concludes that the adoption of active judge principles must be carefully contextualized, reinforcing Indonesia’s hybrid system rather than replacing its legal traditions.
Abstract:The rapid proliferation of digital markets has intensified legal challenges surrounding the modification and resale of Creative Commons–licensed digital products in Indonesia. This study conducts a doctrinal analysis of…
f the Indonesian Copyright ActLaw No. 28 of 2014) in light of comparative jurisprudence from Japan, Taiwan, and the United States, elucidating how civil-law and common-law systems treat CC licenses. It examines recurring issues ambiguities in “derivative works,” conflicts between non-commercial and commercial exploitation clauses, and failures to observe attribution requirements through practical case studies of software, e-books, music, and video tutorials. Drawing on Satjipto Rahardjo’s progressive legal theory, the research argues for a functional, transformative approach that aligns domestic copyright doctrine with globally harmonized open-licensing principles and substantive justice. The analysis reveals that, under Indonesian law, permissibility hinges on strict adherence to each license’s specific terms; however, current regulations lack clarity, generating legal uncertainty for both creators and users. To address these gaps, the study proposes interpretative guidelines and legislative reforms that (1) define “derivative works” in accord with CC International’s porting model, (2) reconcile non-commercial provisions with legitimate digital markets, and (3) institutionalize attribution standards. Such measures would safeguard creators’ moral and economic rights while fostering equitable digital access and innovation, thereby enhancing Indonesia’s knowledge economy.
Abstract:The introduction of the omnibus methodology to Indonesian lawmaking through the Job Creation Law has generated intense scholarly debate over the balance between regulatory efficiency and democratic legitimacy. Drawing on…
Nonet and Selznick’s responsive law theory, this study examines the legal politics underpinning the formation of Law No. 11 of 2020, PERPPU No. 2 of 2022, and Law No. 6 of 2023 within Indonesia’s civil‐law framework. Using normative legal research methods including statutory interpretation, constitutional doctrinal analysis, and comparative legal study this article traces the procedural trajectory from initial draft to successive judicial reviews (Decision Nos. 91/PUU-XVIII/2020 and 168/PUU-XXI/2023). The findings reveal systemic procedural deficiencies: exclusion of affected stakeholders, lack of meaningful public participation, and executive reliance on emergency powers instead of mandated legislative revision. The Constitutional Court’s interventions have served as corrective “strange attractors,” introducing “meaningful participation” requirements (right to be heard, right to be considered, and right to explanation) and compelling the government to adopt legislative reforms. However, persistent executive resistance underscores enduring tensions between efficiency‐oriented omnibus reforms and procedural legitimacy. The study concludes that forthcoming legislative efforts particularly the mandated separate Employment Law will determine whether Indonesia’s legal system advances toward genuinely responsive law or reverts to repressive practices. These insights hold broader significance for comparative constitutionalism and the global discourse on omnibus legislation in developing democracies.
Abstract:Violation. Ethics. Profession. Notary Public. can occur. In. Various forms, ranging from non-compliance with obligations to maintain confidentiality, permission from authorities, to making deeds that do not comply with legal…
egal procedures. Many factors can trigger this violation, such as a lack of understanding of the code of ethics, economic pressure, and conflicts of interest. The impact of these violations not only harms the image of the notary profession, but also has the potential to reduce public trust in legal institutions as a whole.This research adopts a normative-juridical method, which involves literature study and analysis of secondary data. Data that includes secondary sources such as statutory regulations, scientific journals, research results, and so on is an important reference in understanding the authority of Article 67 paragraph (1) of the Law on the Position of Notaries (UUJN) which states that supervision of notaries is carried out by the Minister. In carrying out this supervision, the Minister formed a Notary Supervisory Council which is tasked with ensuring notary compliance with applicable regulations. Supervising notaries is a Supervisory Council created by the Ministry of Law and Human Rights. This institution consists of the Regional Supervisory Council (MPD), Regional Supervisory Council (MPW), and Central Supervisory Council (MPP).According to I Gede A.B. Wiranata, there are eight factors that can influence the decline in morality in the legal profession. These factors include profession, business orientation in carrying out the profession, lack of social awareness and care, stagnation in the justice system, influence of position, consumer lifestyle, weak faith, and the influence of family characteristics. If a notary is involved in violations such as falsifying client data, making deeds that favor one party, or providing false information to clients, this can threaten his career. The client has the right to report the action to the Honorary Council to provide sanctions to the notary in accordance with the applicable code of ethics. Apart from that, clients can also report these actions to the police, which could potentially result in criminal legal consequences for the notary concerned. Therefore, notaries are obliged to carry out their duties based on a professional code of ethics.In general, the position of a notary is regulated in Law Number 30 of 2004 concerning the Position of Notaries, which has been updated through Law Number 2 of 2014, and based on the guidelines contained in the Notary Code of Ethics prepared by the Indonesian Notary Association (INI) in 2005 and updated in 2015.
Abstract:Tujuan penelitian ini adalah mendeskripsikan strategi dalam mengembangkan karakter percaya diri dan tanggung jawab siswa di SLB PGRI KAMAL. Penelitian ini menggunakan pendekatan deskriptif kualitatif, dengan informan penelitian…
elitian berasal dari guru kelas. Teknik pengumpulan data meliputi observasi, wawancara, dan dokumentasi, sedangkan keabsahan data diuji menggunakan triangulasi. Hasil penelitian menunjukkan bahwa strategi yang digunakan untuk mengembangkan karakter percaya diri dan tanggung jawab siswa di SLB PGRI KAMAL meliputi program akademik dengan metode ceramah dan tanya jawab bagi siswa tunarungu, serta layanan bimbingan konseling berupa terapi bimbingan karier dan pengembangan bakat melalui vokasional bagi siswa tunarungu. Hambatan yang dihadapi termasuk masalah komunikasi dan kurangnya dukungan serta partisipasi beberapa orang tua dalam kegiatan tertentu. Solusi yang diterapkan meliputi pendampingan saat pembelajaran di kelas dan kegiatan di luar kelas, pelatihan bina bunyi dan irama (BKBPI), latihan membaca gerakan bibir, serta pelatihan self-care dan bersosialisasi. Strategi yang digunakan meliputi direct instruction, demonstrasi, dan modelling, serta strategi peer tutorial dengan membentuk rombongan belajar (rombel) yang terdiri dari 2-3 kelompok dalam satu kelas.
Abstract:Responding to the emergency of sexual violence in Indonesia which occurs from year to year, the Government of the Republic of Indonesia in 2022 passed Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence. This…
is law complements a series of regulations that already regulate crimes of sexual violence. The specialty of this law is that it provides more comprehensive regulation of sexual violence crimes, which are currently increasingly diverse. One of the interesting things regulated in the law is related to rehabilitation efforts for perpetrators of criminal acts of sexual violence. This article will discuss rehabilitation efforts for perpetrators of sexual violence which aim to recover perpetrators from their deviant acts, namely sexual violence. This research uses normative research methods with a conceptual approach and a statutory approach. The results of this research indicate that providing rehabilitation measures according to the Criminal Code is a type of action that can be imposed simultaneously with criminal sanctions or separately by referring to the judge's considerations. Meanwhile, the provision and mechanism of rehabilitation measures for perpetrators of sexual violence as regulated in Law Number 12 of 2022 concerning the Crime of Sexual Violence still requires further regulations issued by the Ministry of Social Affairs and the Ministry of Health to be implemented optimally
Abstract: Kelompok melati putih yang terletak di Kecamatan Sukajadi Kota Pekanbaru merupakan salah satu kelompok keluarga penerima manfaat Program Keluarga Harapan yang menjadi bagian dalam pelaksanaan kegiatan Pertemuan Peningkatan…
atan Kemampuan Keluarga (P2K2). Dalam peningkatan kemampuan ini perlu adanya pelatihan keterampilan bagi ibu- ibu kelompok PKH. Namun, terdapat beberapa keterbatasan yang menjadi masalah dalam pengoperasiannya. Yang pertama, keterbatasan sumber daya manusia sebagai pelatih atau tutor dalam pelaksanaan pelatihan keterampilan pembuatan produk sabun. Yang kedua, Sarana dan prasarana berupa bahan – bahan yang diperlukan dalam membuat produk sabun cuci piring seperti bahan- bahan kimia, air galon, dll dinilai masih kurang. Yang ketiga, masalah kurangnya informasi dan pengetahuan bagaimana menambah pendapatan. Kegiatan pengabdian dimulai dari tahap observasi lapangan, pemaparan materi ekonomi kreatif, pengadaan bahan – bahan pembuatan sabun cuci piring. Hasil dari kegiatan ini anggota kelompok melati putih terlihat antusias dengan mengikuti pelatihan pembuatan sabun cuci piring serta sangat senang karena adanya bantuan yang telah diberikan. Kegiatan pelatihan pembuatan sabun cuci piring ini juga memenuhi keterampilan softskill ibu – ibu kelompok melati putih dan kiranya bisa menjadi sumber pendapatan keluarga.
Kata Kunci : pelatihan, ekonomi kreatif, sabun cuci piring
Abstract:Market manipulation practices in the Indonesian capital market have the potential to harm investors, distort fair price formation, and undermine market integrity. These conditions require effective supervision by the Financial…
ancial Services Authority (Otoritas Jasa Keuangan—OJK) as the institution authorized to regulate and supervise capital market activities. This study aims to analyze the legal framework governing OJK's supervision of market manipulation practices, assess the effectiveness of its implementation, and identify the factors influencing the success of such supervision. This study employed a normative legal research method using statutory and conceptual approaches. Legal materials were collected through library research and analyzed qualitatively. The findings indicate that OJK's supervisory authority is supported by a strong legal framework under Law Number 8 of 1995 concerning the Capital Market and Law Number 21 of 2011 concerning the Financial Services Authority. Nevertheless, the effectiveness of supervision continues to face challenges arising from technological developments, the increasing complexity of market manipulation schemes, and limitations in supervisory capacity. This study concludes that strengthening institutional capacity, optimizing the use of technology, and enhancing inter-agency coordination are essential to improving investor protection and maintaining the integrity of the capital market. The novelty of this study lies in its integrated analysis of the legal framework, supervisory effectiveness, and technology-based market manipulation challenges within a single analytical framework.
Abstract:This study examines the resolution of non-performing financing in Islamic financial institutions, which have experienced significant growth but are confronted with increasing risks of non-performing financing (NPF) that…
may undermine institutional stability and public trust. The research problem focuses on the suboptimal mechanisms for resolving problematic financing, the existence of a gap between legal norms and their practical implementation, and the lack of integration of philosophical approaches within the framework of Islamic economic law. This study aims to analyze resolution mechanisms from the perspective of Islamic economic law, identify the factors contributing to the normative–practical gap, and formulate a more comprehensive and equitable resolution model. The method employed is normative juridical, utilizing statutory and case approaches, with secondary data analyzed qualitatively through deductive reasoning. The findings indicate that the resolution of non-performing financing is still predominantly characterized by restructuring measures that are administrative in nature and fail to address root causes, while litigation pathways remain relatively ineffective due to procedural and substantive constraints. The disparity between legal norms and practice suggests that legal implementation has not fully reflected the principles of substantive justice. The study concludes by emphasizing the necessity of reconstructing resolution mechanisms through the integration of normative, empirical, and philosophical dimensions. The novelty of this research lies in the development of a maqāṣid al-sharī‘ah-based resolution model that offers a holistic approach oriented toward justice, public welfare, and the balance of interests, thereby providing more effective, contextual, and sustainable solutions within the Islamic financial system in Indonesia.
Abstract:This study examines the phenomenon of siri’ killing in the Bugis-Makassar community, which has received limited attention in global discussions on honor-based killings. The background of this research is rooted in the strong…
strong value of siri’ as a system of collective honor that not only regulates social behavior but also has the potential to generate violence as a means of restoring dignity. The research problem focuses on how the construction of siri’ shapes collective honor, how patterns of honor-motivated killings occur, and how Indonesian criminal law responds to this phenomenon without legitimizing violence. This study employs a normative legal method with statutory, case, and conceptual approaches to analyze the relationship between legal norms and cultural values. The findings indicate that siri’ is understood as a collective family identity that significantly influences individual behavior, with women becoming the most vulnerable group due to the unequal distribution of moral burden. Patterns of siri’ killing are generally associated with control over sexuality and marriage and are driven by social pressure and collective moral legitimacy. The response of criminal law tends to be ambivalent, as cultural motives are not justified but are often considered as background factors. The conclusion emphasizes that siri’ killing is a complex phenomenon that cannot be understood merely as a criminal act, but rather as the result of interactions among culture, gender, and law. The novelty of this study lies in the integration of cultural, criminal law, and gender perspectives in explaining siri’ killing as a localized form of honor killing with distinctive characteristics in Indonesia.