Jurnal Locus Delicti

AKIBAT HUKUM BAGI PELAKU USAHA SMARTPHONE BLACK MARKET DITINJAU BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 17 TAHUN 2006 TENTANG KEPABEANAN.

Komang Surya Wibawa — 2025-10-01

Technological developments have driven the increasing need for smartphones. However, the high price of official products causes some business actors to choose to trade smartphones through the black market. This practice has the potential to violate the provisions of the law, especially Law of the Republic of Indonesia Number 17 of 2006 concerning Customs. This study aims to (1) analyze the legal consequences for business actors who trade in black market smartphones, (2) as well as examine the responsibility of business actors for losses experienced by consumers. This research uses a normative juridical method with a legislative approach and concrete cases. (1) The results of the study show that business actors can be subject to criminal and administrative sanctions for violating customs regulations, and have legal responsibilities in providing compensation to consumers. (2) Law enforcement against black market smartphone business actors is important to protect consumer rights and maintain the stability of the country's economy

IMPLEMENTASI PERATURAN MENTERI AGRARIA DAN TATA RUANG/KEPALA BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA NOMOR 3 TAHUN 2023 TERHADAP PERUBAHAN SERTIPIKAT TANAH ELEKTRONIK DI KANTOR PERTANAHAN KABUPATEN BANGLI

Ni Wayan Restiti — 2025-10-01

The era of the Fourth Industrial Revolution demands the optimization of digital technology across various aspects of life, including public services. The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) has responded to this by launching a digital transformation policy in land services, one of which is the issuance of electronic land certificates. This study aims to examine the implementation of the Minister of Agrarian Affairs and Spatial Planning/Head of BPN Regulation No. 3 of 2023 and the mechanism for transitioning to the issuance of electronic land certificates at the Bangli Regency Land Office. The research employs a quantitative descriptive method with an empirical approach, where data is collected through interviews with relevant parties and documentation. The findings show that the implementation of the electronic land certificate policy has started gradually, emphasizing document digitization and improved public service delivery that is faster and more transparent. However, challenges remain, particularly regarding public understanding and the readiness of digital infrastructure. In conclusion, the implementation of this policy is a strategic step in modernizing land services, although it still requires support from various parties for long-term effectiveness.

PERLINDUNGAN HUKUM KEPADA NEGARA YANG MENGALAMI ANCAMAN DALAM PERSPEKTIF HUKUM ORGANISASI INTERNASIONAL

I Wayan Sunawan — 2025-10-01

This study aims to find out from a country that is experiencing a threat. Threats are any activities or work, whether carried out outside the country or within the country, which are deemed to endanger the sovereignty of the state and the territorial integrity of the state as well as the security of the state, the state and the entire nation. called Treats, threats are the emergence of critical situations that exist in business or in other unfavorable places. The purpose of this threat is to change the order of a country and a country that was previously peaceful to become chaotic and destroyed. For this reason, unity and integrity are needed to overcome the various threats that arise. In general, threats can be divided into two categories, namely military threats and non-military threats. Military threats are threats that use armed force and are carried out in an organized manner. This threat is considered to have the potential to endanger state sovereignty, national security, and territorial integrity. Non-military threats are a type of threat that is different from military threats because they do not have physical characteristics and forms that are not visible to the naked eye. Even so, non-military threats are no less dangerous, maybe even more dangerous than military threats.

PENGATURAN PERKAWINAN NYENTANA DALAM MASYARAKAT ADAT DESA BURUAN, KECAMATAN PENEBEL, KABUPATEN TABANAN

Gusti Ngurah Darmaputra — 2025-10-01

This study explores the regulation of the Nyentana marriage tradition within the customary society of Buruan Village, Penebel District, Tabanan Regency. Nyentana is a form of matrilineal marriage that places women at the center of kinship and inheritance systems, where the husband enters the wife’s family and adheres to her customary obligations. Although this tradition has been practiced for generations and is recognized both in customary and religious contexts, there are no formal written regulations in the village's awig-awig governing the legal status of husbands, children's inheritance rights, or divorce procedures. The absence of written regulations has led to legal uncertainty, particularly concerning divorce (mulih truna), the inheritance rights of children, and the husband’s social recognition within the wife's lineage. This research uses a normative legal approach, applying statutory and conceptual methods. Findings emphasize the urgent need to establish written awig-awig to ensure legal certainty, protect inheritance rights, and uphold gender equality in customary communities. The article also advocates for harmonization between customary law and national law, acknowledging evolving social dynamics and the need for inclusive legal protection. The Nyentana tradition in Buruan Village reflects Bali’s cultural adaptability, which should align with constitutional principles of justice and equality before the law.

ANALISIS YURIDIS STATUTA ROMA PASAL 13 TERKAIT EFEKTIVITAS INTERNATIONAL CRIMINAL COURT (ICC) DALAM MENANGANI RESOLUSI KONFLIK INTERNASIONAL ANTARA NEGARA PALESTINA DAN ISRAEL

Muhammad Salman Alfarizy — 2025-10-01

This study begin the intricate dynamics of the ongoing conflict between Palestine and Israel, which has resulted in widespread humanitarian consequences and involves serious breaches of international law, including war crimes and crimes against humanity. The core focus of this research is a juridical analysis of Article 13 of the Rome Statute as the legal foundation for the International Criminal Court (ICC) to pursue transnational conflict resolution, particularly in terms of jurisdictional authority, investigatory pathways, and implementation challenges. Using a normative-descriptive approach, the study evaluates the three referral mechanisms under Article 13—by a state party, the United Nations Security Council, or at the initiative of the ICC Prosecutor—and demonstrates how the Court’s effectiveness in the Israel-Palestine context is constrained by jurisdictional limitations, non-membership status of Israel, and geopolitical pressures. Although Palestine is a recognized state party to the Rome Statute, the lack of ICC jurisdiction over Israel severely restricts the enforcement of comprehensive legal accountability. The findings emphasize the necessity for strengthening international legal mechanisms, promoting institutional reforms, and securing broader political commitment from member states so that the ICC can fulfill its mandate to uphold justice and contribute meaningfully to long-term conflict resolution.

DISPARITAS SANKSI PIDANA MATI DALAM KASUS PEMBUNUHAN BERENCANA OLEH MAHKAMAH AGUNG

Komang Deva Jayadi Putra — 2025-10-01

This study analyzes the disparity in death penalty penalties imposed by the Supreme Court in premeditated murder cases. This study applies normative legal research methodology using several approaches, namely: conceptual approach, comparative law, and case approach. The results show that although both cases involved premeditated murder motivated by personal revenge, there were significant differences in the appeals made in both cases to the Supreme Court. In the case of Ferdy Sambo, the death penalty imposed by the District Court was commuted to life imprisonment at the cassation level at the Supreme Court. In contrast, Harry Aris Sandigon remained sentenced to death up to the cassation level.

PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL MELALUI TRIPARTIT TERHADAP PHK SEPIHAK DI DINAS KETENAGAKERJAAN BALI

Chiquita Bulan Bheatrix Sinambela — 2025-10-01

The research aims to analyze the tripartite negotiation mechanism in evaluating industrial partnerships related to unilateral termination of employment (PHK) by PT HM Sampoerna Denpasar. Through observation, research, and document analysis at Bali Provincial Manpower Office and Buleleng Regency Manpower Office, this study employs a kualitatif empirical legal methodology. Findings from the research reveal that the resolution process for the unilateral termination conflict begins with bipartite negotiations between the worker and the company. When the bipartite process yields no result, the resolution proceeds to a tripartite mediation stage, involving the presence of a mediator from the manpower institution. However, several obstacles to its implementation have been identified, including a lack of certified mediators at the district level, the absence of one of the parties in the mediation process, and a lack of evidence related to alleged violations by the company. In the case of PT HM Sampoerna, the mediation process resulted in a recommendation to reinstate dismissed employees to their former positions. This study highlights the need to improve the skills and number of mediators at the district level, strengthen the dissemination of labor regulations to all parties involved, and strengthen the post-mediation monitoring system to ensure the recommendations are properly implemented. Overall, the findings of this study make an important contribution to understanding dispute resolution processes through tripartite mechanisms, particularly in the context of power imbalances between workers and employers in cases of unilateral termination.

PERAN BAWASLU DALAM PENGAWASAN DAN PENEGAKAN PELANGGARAN HUKUM PIDANA PEMILIHAN UMUM STUDI PUTUSAN NOMOR (17/Pid.Sus/2019/PN Amlapura)

I Kadek Pradhita Ciwa Radhitya — 2025-10-01

This study discusses the Role of Bawaslu in Implementing Supervision and Enforcement of General Election Criminal Law Violations (Study of Decision Number 17/Pid.Sus/2019/PN Amlapura). The objectives of this study are (1) To find out how Bawaslu's role is in preventing violations of the code of ethics and neutrality (2) To find out how the mechanism of the process of handling violations of the code of ethics related to the neutrality of village heads in Karangasem Regency through Bawaslu's supervisory function. This study is a descriptive empirical legal study using primary data through research by means of observation and interviews and also using secondary data using certain laws and documents. The results of the study obtained are (1) The Election Supervisory Body (Bawaslu) has a very important role, this is because Bawaslu is a crucial pillar in the election administration system in Indonesia. Bawaslu ensures that the election process runs according to democratic, fair and transparent principles through systematic supervision of ASN neutrality and election participants' compliance with the code of ethics (2) Bawaslu has new authority as an election supervisory institution to resolve administrative violations and disputes related to TSM (Structured, Systematic and Massive) violations which can administratively cancel candidacy through an adjudication hearing process.

AKIBAT HUKUM ATAS PEMBATALAN PERJANJIAN SECARA SEPIHAK OLEH PEMBELI (STUDI KASUS DI KANTOR NOTARIS/PPAT I KADEK DONY HARTAWAN, S.H.,M.KN).

Kadek Yesi Citrayani — 2025-10-01

This study aims to (1) determine the legal consequences of unilateral cancellation of the agreement by the buyer at the office of Notary/PPAT I Kadek Dony Hartawan, S.H., M.Kn and (2) determine the legal remedies that can be taken by the injured party due to the unilateral cancellation of the agreement at the office of Notary/PPAT I Kadek Dony Hartawan, S.H., M.Kn. The research method used is descriptive empirical legal research and uses primary data and secondary data. Data will be collected through document study techniques, observations, and interviews. Research samples will be collected using non-probability sampling techniques which will be processed qualitatively. The results of this study are (1) Legal Consequences of Unilateral Cancellation of the Agreement by the Buyer at the Office of Notary/PPAT I Kadek Dony Hartawan, S.H., M.Kn. (2) Legal Efforts That Can Be Taken by the Aggrieved Party Due to Unilateral Cancellation of the Agreement at the Office of Notary/PPAT I Kadek Dony Hartawan, S.H., M.Kn. The research results obtained are (1) The emergence of formal and material losses for the injured party, namely the seller, resulting in the emergence of compensation based on Article 1365 of the Civil Code. (2) Legal efforts that can be made are filing a lawsuit for Unlawful Acts (PMH) to the district court, submitting a summons, and resolving the dispute through Alternative Dispute Resolution (ADR).