Jurnal Ilmu Hukum Sui Generis

PERLINDUNGAN HUKUM BAGI PEMBELI ATAS TANAH REDISTRIBUSI YANG DIALIHKAN SECARA MELAWAN HUKUM (Analisis Putusan Pengadilan Nomor 170/PDT/2019/PT.DPS)

2025-07-25T14:58:28+08:00

This research analyzes the complexity of the problem of unlawful redistribution land transfers and the protection efforts for aggrieved buyers. The main focus is to understand the extent to which the Indonesian positive legal framework protects third parties, especially buyers, in land sales and purchases that are declared invalid. In addition, this study analyzes the legal considerations in Denpasar High Court Decision Number 170/PDT/2019/PT.Dps related to the transfer of redistributed land. The purpose of this study is to provide concrete legal recommendations to strengthen the legal position of buyers in the transfer of rights to redistributed land that is not in accordance with the provisions. Using normative legal research methods with statutory, case, and conceptual approaches, data is collected through literature studies and regulatory documents and court decisions. The study found that the transfer of rights in the case under study was done without authorized consent, making it an illegal act. The judge declared the sale invalid and returned the land rights to the rightful heirs. However, the study also uncovered a normative void in the regulation that explicitly provides legal protection for unauthorized purchasers of redistributed land. This absence of regulation creates legal uncertainty and places buyers in a vulnerable position, often incurring financial losses without adequate remedy mechanisms. Through a normative legal approach, this study emphasizes the need for regulatory reform. Recommendations include strengthening preventive legal protections, such as increased transparency of land data, public education, active role of PPAT in verification, and special markings on redistribution certificates. In addition, repressive protection through civil suits for compensation and criminal sanctions for perpetrators of manipulation are also needed. This reform is essential to create legal certainty and ensure justice for all parties in land redistribution transactions in Indonesia.

TINJAUAN YURIDIS TERHADAP LAYANAN “SHOPPEPAY LATER” SEBAGAI PRODUK PINJAMAN ONLINE DI INDONESIA

2025-07-25T14:59:03+08:00

Technological developments and digitalization have driven significant growth in the e- commerce sector, including in Indonesia. One of the innovations that emerged is the ShoppePay Later payment service, which allows consumers to make purchases with the pay later system. However, this convenience also carries risks, such as misuse by users who do not have a fixed income, debt accumulation, and potential personal data breaches. This research seeks to assess the alignment of the contractual provisions embedded within the ShoppePay Later electronic agreement with the prevailing positive legal framework in Indonesia, specifically referring to the Electronic Information and Transactions Law (UU ITE), as well as to explore the regulatory challenges associated with the implementation of online lending mechanisms. The study employs a normative legal research methodology, commonly referred to as library research, which utilizes an analytical approach focused on statutory interpretation and doctrinal review of pertinent legislation and scholarly sources. The findings indicate that ShoppePay Later has demonstrated adherence to several key legal requirements, including the obligation to disclose comprehensive information as stipulated under Article 9 of UU ITE, and compliance with data protection principles pursuant to POJK No. 10/POJK.05/2022. However, there are still regulatory loopholes, especially related to the minimum age of users and income verification, which can trigger the risk of default. The main challenges in implementing regulations include the potential for debt accumulation (over-indebtedness), lack of specific regulations on paylater, the risk of default, and inuniformity in the billing system. Therefore, it is necessary to strengthen regulations by the Financial Services Authority (OJK) and socialize financial literacy to the public to minimize these risks. The study concludes that while ShoppePay Later provides ease of transactions, legal oversight and protection must be improved to create a safer and more responsible online lending ecosystem.

PENENTUAN YURISDIKSI DALAM PENYELESAIAN SENGKETA PERCERAIAN PADA PERKAWINAN CAMPURAN DI INDONESIA DALAM PERSPEKTIF HUKUM PERDATA INTERNASIONAL

2025-07-25T14:59:29+08:00

The issue of mixed marriages has serious problems related to the resolution of divorce disputes. With such diversity, there is a tendency for each country to maintain public policy. Determining the jurisdiction of divorce in mixed marriages is often colored by conflict of laws. This study examines how international civil law views divorce cases in mixed marriages. In addition to clearly presenting the results of the research conducted, this study also provides a normative description and is conducted using research methods to provide clarification regarding the issues studied.

URGENSI PENEGAKAN HUKUM TERHADAP KASUS CYBERSQUATTING DAN PERLINDUNGAN NAMA DOMAIN DI INDONESIA

2025-07-25T15:26:01+08:00

This study aims to analyze the legal issues related to the practice of cybersquatting in Indonesia and highlight the urgency of developing specific regulations from the perspective of prevailing positive legal norms. The research adopts a normative legal method with a statutory and conceptual approach, utilizing secondary data obtained through literature study and analyzed using qualitative juridical techniques. The findings reveal that: (1) The regulation of cybersquatting in Indonesia remains general and lacks specific provisions, despite the existence of the Electronic Information and Transactions (ITE) Law; (2) There is a legal vacuum that complicates law enforcement efforts against cybersquatting perpetrators; and (3) Comprehensive regulatory development is needed to strengthen legal protection of trademarks in the digital domain. Therefore, the government should promptly formulate and enact more assertive and detailed legislation on cybersquatting to safeguard trademark owners' rights and prevent further economic losses in the future.

GENOSIDA DALAM PERSPEKTIF HUKUM INTERNASIONAL: PENGERTIAN, DAN YURISDIKSI

2025-07-25T15:26:27+08:00

The objectives of this research are (1) to define genocide and (2) to examine the jurisdiction of international law over the crime of genocide. This study employs a normative legal research method with statutory and conceptual approaches. The findings indicate that (1) genocide is any act committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as defined in the 1948 Genocide Convention, emphasizing the element of 'intent' to annihilate such a group. (2) The International Criminal Court possesses jurisdiction over perpetrators of genocide under Article 5 of the Rome Statute, and this research further explores the evolution of jurisdiction concerning the crime of genocide.

PENTINGNYA ILMU HUKUM DALAM KEHIDUPAN BERMASYARAKAT DI INDONESIA

2025-07-25T15:31:17+08:00

The state of Indonesia is a state of law, which means that Indonesia establishes the law as the basis of power in the state and the legal administrator of its power is also exercised in the rule of law. Law is a law that regulates the way in which state or government instruments carry out their duties and obligations properly, so that their application can be accepted by the community. In this case the law is very important for the whole community, because the law makes the country better and more prosperous. Law is used as a regulator, servant, and protector of society. Therefore, the law is expected to be a forum for justice for all Indonesian people.

DISPARITAS SANKSI PIDANA PADA KASUS INVESTASI ILEGAL BERKEDOK USAHA HALAL (Studi Kasus Putusan PN No. 309/Pid.B/2018/PN Dpk dan No. 83/Pid.B/2018/PN Dpk)

2025-07-25T15:36:08+08:00

The imposition of criminal sanctions against perpetrators of illegal investments in Indonesia still demonstrates inconsistencies, particularly when cases with similar modes of operation receive significantly different sentences. This research aims to analyze the disparity of criminal sanctions for perpetrators of illegal investments under the guise of halal businesses, through a case study of the District Court Decision Number: 309/Pid.B/2018/PN Dpk and Decision Number: 83/Pid.B/2018/PN Dpk. This study uses a normative legal research method with statutory, conceptual, historical, and case approaches. Data were collected through document studies of court decisions and relevant legal literature. The results indicate a significant disparity between the two rulings, even though the cases share similar modus operandi and impact. This disparity is caused by various factors, including the discretionary power of judges, subjective judicial considerations, and the absence of standardized sentencing guidelines. Therefore, an evaluation of the criminal justice system is necessary to ensure consistency and fairness in imposing sanctions on perpetrators of illegal investments.

Analisis Viktimologi Terhadap Hak-Hak Korban Kekerasan Berbasis Gender Online (KBGO) Melalui Penyebaran Konten Pornografi (Studi Putusan Nomor 616/Pid.Sus/2023/PN JKT.SEL)

2025-07-25T15:51:26+08:00

This research aims to analyze victimology regarding the rights of victims of Online Gender- Based Violence (OGBV) through the distribution of pornographic content based on Decision Number 616/Pid.Sus/2023/PN JKT.SEL, focusing on (1) legal analysis of OGBV through the distribution of pornographic content on social media in Decision Number 616/Pid.Sus/2023/PN JKT.SEL, and (2) legal protection for victims of OGBV through the distribution of pornographic content on social media in Decision Number 616/Pid.Sus/2023/PN JKT.SEL. The main focus of this study is the distribution of pornographic content on social media without consent, involving digital sexual exploitation for economic gain. Using a normative juridical method with statutory, case, and conceptual approaches, this research examines the implementation of legal protection for OGBV victims. The findings indicate that although there is a legal framework governing victim protection, its implementation remains suboptimal, particularly in terms of comprehensive victim recovery. Data from SAFEnet Indonesia recorded a significant increase in OGBV cases in the first quarter of 2024, rising fourfold from 118 to 480 cases. This study emphasizes the importance of adopting a victim-centered justice approach within the criminal justice system and the need to strengthen the role of the Witness and Victim Protection Agency (LPSK) in ensuring victims' access to sustainable recovery services.

KAJIAN VIKTOMOLOGI TERHADAP ANAK SEBAGAI KORBAN INCEST OLEH AYAH KANDUNGNYA DI KABUPATEN BULELENG

2025-07-25T15:51:56+08:00

This study aims to (1) determine and analyze the factors that cause incest by the biological father and (2) review and analyze legal and social efforts to prevent the occurrence of incest victims by their biological father in Buleleng Regency. The research method used is empirical legal research with qualitative descriptive method. Data were collected through in- depth interviews with police officers and social workers, as well as through the study of legal documents, literature, and related secondary sources. Non-probability sampling and purposive sampling techniques were applied for the selection of subjects, so as to obtain a comprehensive picture of the incest phenomenon. The results revealed that (1) children's vulnerability to incest by biological fathers in Buleleng Regency is influenced by their young age and lack of understanding of bodily rights, so they are unaware of physical and psychological abuse. Divorce and sole custody create emotional and economic dependency, making victims reluctant to seek help. Closed family environments and minimal supervision make early detection of abuse difficult. Lack of sex and rights education at home and school adds to the abuse gap. Patriarchal norms and cultural stigma force victims to remain silent. (2) Legal protection of child victims of incest in Buleleng is designed through prevention and decisive action with the principle of victimology. Prevention includes education of parents, educators, community leaders, and officials about children's rights, body privacy, and criminal sanctions. Repressive actions by the Buleleng Police Women and Children Protection Unit include investigation, prosecution and investigation, along with psychosocial rehabilitation services from the Social Affairs Office. This approach ensures comprehensive protection of victims' rights, providing restitution, compensation and mental recovery, while preventing repeated and ongoing violence.

IMPLEMENTASI PERMENDIKBUD RISTEK NO 30 TAHUN 2021 JO PERMENDIKBUD RISTEK NOMOR 55 TAHUN 2024 SEBAGAI PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN SEKSUAL PADA PERGURUAN TINGGI DI KABUPATEN BULELENG

2025-07-25T15:52:17+08:00

This research aims (1) to find out the implementation of Permendikbud Ristek No. 30 of 2021 in universities in Buleleng Regency as a form of legal protection for victims of sexual violence; (2) to find out the obstacles faced in the implementation of Permendikbud Ristek No. 30 of 2021 in universities in Buleleng Regency; (3) and to find out efforts at universities in Buleleng Regency to overcome challenges and obstacles in the implementation of Permendikbud Ristek No. 30 of 2021. The results showed that (1) The implementation of Permendikbud Ristek No. 30 of 2021 in universities in Buleleng Regency reflects a systematic effort to protect victims of sexual violence, despite the challenges of socialization, patriarchal culture, and lack of facilities, and requires the synergy of all parties so that the policy runs effectively and fairly; (2) Implementation of Permendikbud Ristek No. 30 of 2021 in universities in Buleleng Regency. 30 of 2021 in universities in Buleleng Regency faces obstacles in the form of a lack of understanding of gender, weak reporting mechanisms, lack of victim assistance, and the potential for abuse of academic power, so that legal protection for victims of sexual violence has not been optimal and transparent; (3) Universities in Buleleng Regency are trying to overcome obstacles to the implementation of Permendikbud Ristek No. 30/2021 through periodic counseling, the formation of the PPKS Task Force, and psychological assistance for victims, in order to create an academic environment that is safe, responsive, and in favor of the protection and recovery of victims of sexual violence.