Jurnal Hukum Khaira Ummah is published every 4 times a year, namely March, June, September and December. Published by the Masters Program (S2) of Law, Faculty of Law, UNISSULA Semarang, as a publication media for scientific works of students, lecturers and the wider community in the development of progressive, responsive and value-laden legal science. First published in March 2006 when it was still printed on paper and starting in 2017 entered the electronic publication system. The editorial team accepts scientific conceptualization and research results, a maximum of 20 single-spaced quarto pages. The editors have the right to edit the manuscript as long as it does not change the substance. For more details, you can follow the Template provided by the JuHuKU management.
Effectiveness of Investigations into Aggravated Theft Crimes
This study aims to determine and analyze the implementation of investigations into the crime of aggravated theft at the Bintan Resort Police and the effectiveness of the implementation of investigations into the crime of aggravated theft at the Bintan Resort Police. The approach method in this study is sociological juridical, the research specification is analytical descriptive. The data used are primary data and secondary data and the data collection method is field study and literature study, while the data analysis method uses qualitative analysis. The theory used in this study is the theory of legal effectiveness and legal certainty. The results of the study indicate that the implementation of investigations into the crime of aggravated theft at the Bintan Resort Police has been carried out in accordance with the provisions of the Criminal Procedure Code and the Regulation of the Chief of Police Number 6 of 2019 concerning Criminal Investigations so that it has fulfilled the principle of legal certainty. The implementation of investigations into the crime of aggravated theft at the Bintan Resort Police has also been effective, this is reflected in the majority of police reports that can be handled well until the stage of transferring case files to the prosecutor's office. Despite several obstacles, overall the investigation process continued to run well and was able to support law enforcement in a professional and proportional manner.
Copyright (c) 2025 Jurnal Hukum Khaira Ummah https://creativecommons.org/licenses/by/4.0
The Effectiveness of Termination of Prosecution in Settling Fraud Crimes Based on Restorative Justice
This study aims to determine and analyze the implementation of the termination of prosecution in fraud crimes based on justice, the weaknesses of the termination of prosecution in fraud crimes based on restorative justice, and the effectiveness of the termination of prosecution in fraud crimes based on restorative justice. The approach method is sociological juridical, the research specification is analytical descriptive. The data used are primary and secondary data and the data collection method is field study and literature study, while the data analysis method uses qualitative analysis. The theories used are restorative justice theory, legal effectiveness theory and progressive legal theory. Based on the results of the study, it can be concluded that the implementation of the termination of prosecution in fraud crimes based on justice in the Pekalongan Regency District Prosecutor's Office has been carried out based on the Attorney General's Regulation Number 15 of 2020 concerning the Termination of Prosecution based on Restorative Justice and has reflected the theoretical principles of restorative justice. The weaknesses of the termination of prosecution in fraud crimes based on restorative justice have an impact on the termination of prosecution based on restorative justice not being able to run optimally and has not fully fulfilled the goals of recovery in the criminal justice system. The termination of prosecution in fraud crimes based on restorative justice has been effective, thus making the concept of recovery more acceptable than the retributive approach which emphasizes revenge.
Legal Review of the Obligation to Install Boundary Signs For Land Rights Owners
The background of this thesis is that land is a very basic human need. Humans live and carry out activities on land so that at all times humans are always in contact with land. It can be said that almost all human life activities, both directly and indirectly, always require land. Land is so important for human life, that everyone will always try to own and control it. With this, it can give rise to land disputes in society. Land registration is carried out according to the provisions stipulated in Government Regulation Number 24 of 1997 concerning Land Registration. In this thesis the author raises the following problems: how is the obligation to install boundary markers for land owners based on Government Regulation Number 24 of 1997 concerning Land Registration, the factors causing land owners to not install boundary markers and the legal consequences that arise if the installation of boundary markers for land owners is not carried out. The method used in this research is the sociological juridical method, namely legal research conducted by only examining library materials or secondary data. Sources of legal materials, namely data obtained from library materials by reading and reviewing library materials. The installation of boundary markers is carried out by the applicant after obtaining the consent of the adjacent owner. The installation of boundary markers and their maintenance are the responsibility of the applicant. The legal theories used in this study are the theory of legal responsibility and the theory of legal certainty. Factors causing landowners not to install land boundary markers: lack of understanding, costs, difficulty in access, legal uncertainty, cultural and traditional factors, disagreements with other landowners, lack of socialization, technical difficulties, no proof of legal ownership, negligence or irresponsibility. The legal consequences that arise if the installation of boundary markers is not carried out for landowners are: the emergence of land boundary disputes, legal uncertainty, weakening of evidence, difficulty in re-measurement, the risk of land grabbing and administrative obstacles. In Islam, grabbing land belonging to another person or group of people, or taking it in ways that are not justified by religion, law and community norms, including injustice, which needs to be resolved fairly and in relation to the rights of fellow human beings.
Settlement of Bad Debts Through Non-Litigation Channels to Improve Community Economic Enterprises in Pasuruan
This study discusses the non-litigation approach to resolving bad debts at PT. BPRS Daya Artha Mentari and its contribution to improving the economy of the Pasuruan community. The study employed a juridical-sociological approach, with data collection techniques including observation, interviews, documentation, and literature review. The results indicate that resolving bad debts through rescheduling, reconditioning, and restructuring is considered more effective, faster, and cheaper than litigation. Non-litigation resolving has a positive impact on improving the economy of the Pasuruan community, particularly for MSMEs, agriculture, industry, and fisheries businesses.
Copyright (c) 2025 Jurnal Hukum Khaira Ummah http://creativecommons.org/licenses/by/4.0
Legal Analysis of Law Enforcement of Mining Crimes Based on Legal Certainty
This study aims to determine and analyze the implementation of law enforcement against illegal mining crimes in law enforcement against mining crimes that have legal certainty and obstacles and solutions in law enforcement against mining crimes that have legal certainty. The method of sociological juridical approach, the research specification is descriptive analytical, the data used are primary data and secondary data. The data collection method is field study and literature study. The data analysis method used is qualitative. The theory used in this study is the theory of legal law enforcement and the theory of legal certainty. Based on the results of the study, it can be concluded that law enforcement against mining crimes in the West Kalimantan Regional Police has legal certainty where its implementation is based on applicable laws and regulations, namely the Minerba Law, the Criminal Procedure Code and the Police Chief Regulation Number 6 of 2019 concerning Criminal Investigation. The implementation of law enforcement is carried out through investigations and inquiries into events suspected of having occurred mining crimes. Obstacles in law enforcement against mining crimes include internal obstacles and external obstacles. Through appropriate solution actions, these obstacles can be overcome, so that the law enforcement process can be carried out in accordance with the provisions of applicable laws and regulations.
Investigation of Corruption Crimes in Capital Investment of West Sumbawa Regency Regional Public Company
This study aims to analyze the investigation into the corruption case involving equity participation in the West Sumbawa Regency Regional Public Company (Persda) at the West Sumbawa District Attorney's Office, as well as the obstacles and solutions. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used are primary and secondary data. Data collection methods include field studies and literature studies, and the data analysis method is qualitative. The theories used in this study are the theory of justice, the theory of legal systems, and the theory of legal certainty. Based on the research results, it can be concluded thatpThe investigation of the corruption crime of capital participation in West Sumbawa Regency Regional Public Company at the West Sumbawa District Attorney's Office has been in line with the applicable laws and regulations, namely the Criminal Procedure Code, the Corruption Law and Perja Number Perja Number Per-017/A/Ja/07/2014. Obstacles in the investigation of the corruption crime of capital participation in West Sumbawa Regency Regional Public Company at the West Sumbawa District Attorney's Office are the lengthy process of examining state losses by the PKP, limited human resources, inadequate facilities and infrastructure, especially related to the budget. The solution to overcome this is to coordinate intensively with the BPKP so that the audit report is completed immediately, request additional members from the Attorney General's Office if not fulfilled then maximize the existing members, request additional budget from the Attorney General's Office, if not fulfilled save the budget until the case is completed in court.
The Effectiveness of Termination of Prosecution in Settling Theft Crimes Based on Restorative Justice
This study aims to determine and analyze the implementation of termination of prosecution in criminal acts of theft based on restorative justice, the weaknesses of termination of prosecution in criminal acts of theft based on restorative justice and the effectiveness of termination of prosecution in criminal acts of theft based on restorative justice. The method of this research approach is sociological juridical, the research specification is analytical descriptive. The data used are primary data and secondary data and the data collection method is field study and literature study, while the data analysis method uses qualitative analysis. The theories used are restorative justice theory, legal effectiveness theory and progressive legal theory. Based on the results of the study, it can be concluded that the implementation of termination of prosecution in criminal acts of theft based on restorative justice at the Pekalongan Regency District Attorney's Office has been carried out in accordance with Perja Number 15 of 2020, namely fulfilling formal and material requirements and procedures according to the provisions. Weaknesses of the termination of prosecution in the crime of theft based on restorative justice include the lack of explicit regulation of restorative justice in the law (KUHAP), termination of prosecution based on restorative justice depends on the willingness of all parties, the need for trained and professional facilitator prosecutors, limited number of prosecutors and time constraints, the potential for injustice to victims, ignoring the deterrent effect for perpetrators, and weak oversight of peace agreements. These weaknesses can hinder the achievement of the goals of restorative justice. The termination of prosecution in the crime of theft based on restorative justice has not been fully effective, considering that many cases planned to be resolved based on restorative justice failed. However, cases that have been resolved based on restorative justice have been effective.
Enforcement of the Indonesian National Police's Code of Professional Ethics Against Police Members Who Commit Adultery or Infidelity
This study aims to determine and analyze the enforcement of the Indonesian National Police's professional code of ethics against members who commit adultery or adultery in the South Kalimantan Regional Police and the obstacles in enforcing the Indonesian National Police's professional code of ethics against members who commit adultery or adultery in the South Kalimantan Regional Police and how to overcome them. The approach method in this study is sociological juridical, the research specification is analytical descriptive. The data used are primary and secondary data and the data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The theory used in this study is the theory of law enforcement and legal certainty. Based on the results of the study, it can be concluded that the enforcement of the Indonesian National Police's professional code of ethics against members who commit adultery or adultery in the South Kalimantan Regional Police has been implemented by Bidpropam in accordance with Police Regulation Number 7 of 2022 concerning the Professional Code of Ethics and the Code of Ethics Commission. Obstacles in enforcing the Indonesian National Police's professional code of ethics against members who commit adultery or adultery in the South Kalimantan Regional Police are a shortage of personnel, difficult digital evidence, a culture of covering up-cover-ups, and external intervention. Solutions to these obstacles include increasing personnel in the Propam Division (recruitment and rotation), developing forensic laboratories at the regional police (Polda) level, public outreach and education on the importance of witnesses, and independent oversight (Ombudsman/NGOs) to reduce intervention.
Legal Analysis of Criminal Responsibility for Perpetrators of Hate Speech Through Electronic Media Within a Justice-Based Positive Legal Framework
This study aims to comprehensively identify and analyze the criminal liability of perpetrators of hate speech through electronic media from a justice-based positive legal perspective. The spread of hate speech through electronic media not only disrupts public order but can also degrade human dignity and deepen social fragmentation. This study was conducted to examine the basis for criminal liability for perpetrators of hate speech from the perspective of Indonesian positive law, while also evaluating the extent to which its implementation reflects the principle of justice for all parties, including perpetrators, victims, and the community. Thus, this study seeks to provide a more proportional understanding of the relationship between freedom of expression and the protection of fundamental social values. This study uses a normative juridical method by adopting a statutory, conceptual, and case study approach. The analysis focuses on provisions in the Electronic Information and Transactions Law (UU ITE), the Criminal Code (KUHP), and several other relevant regulations. This approach is strengthened by a review of legal doctrine and theories of justice to explore the philosophical foundations and objectives of criminal punishment in the context of hate speech. Thus, this study not only examines norms as texts, but also considers ethical values, the principle of proportionality, and aspects of human rights protection, which are integral parts of the legal system. The results explain and demonstrate that the basis for criminal liability for perpetrators of hate speech via electronic media is formally regulated within Indonesia's positive legal framework. However, its implementation has not been fully effective in delivering substantive justice. This is due to several obstacles, including unclear norms, overlapping regulations, and the potential for misuse of articles by law enforcement officials. Furthermore, the application of the law often fails to consider the social context, the perpetrator's motives, and the real impact on the victim. Therefore, regulatory harmonization, more proportional application of the law, and an approach that favors substantive justice are needed so that the handling of hate speech can truly protect the public interest without neglecting the constitutional right to freedom of expression.
Legal Protection for Medical Personnel in Providing Clinical Services Through Telemedicine Based on Law of the Republic of Indonesia Number 17 of 2023 Concerning Health
Abstract. Advances in information technology have driven the adoption of telemedicine as a new method of clinical service delivery, offering greater accessibility and efficiency. However, the implementation of telemedicine, which involves long-distance communication and technological complexity, raises crucial issues regarding the responsibilities and legal protections of medical personnel. This research is relevant in light of the enactment of Law Number 17 of 2023 concerning Health, which serves as the latest legal basis for regulating the health ecosystem in Indonesia, including telemedicine. This study aims to analyze and identify the form and scope of legal protection provided to medical personnel in providing clinical services via telemedicine, based on the provisions stipulated in Law of the Republic of Indonesia Number 17 of 2023 concerning Health. Furthermore, this study also examines the potential legal risks faced by medical personnel and the implications of the latest Health Law in ensuring legal certainty for telemedicine practices. This research employs a normative legal research method, with a statute approach and a conceptual approach. Data sources include primary legal materials (primarily Law No. 17 of 2023), secondary legal materials (literature, journals, and related legal documents), and tertiary legal materials. The analysis was conducted qualitatively and descriptively to draw logical and solution-oriented conclusions. The research findings show that Law No. 17 of 2023 explicitly recognizes and regulates the implementation of telemedicine as part of the health transformation. Legal protection for medical personnel is accommodated through more comprehensive regulations regarding professional service standards, practice permits, electronic medical records, and guarantees related to the handling of complaints and disputes. However, this research identified gaps or ambiguities in technical regulations regarding the authority and limitations of cross-regional/national telemedicine practices, as well as protection against diagnostic/therapeutic errors influenced by technological limitations, which have the potential to pose legal risks. Law No. 17 of 2023 concerning Health provides a stronger foundation for legal protection for medical personnel in telemedicine practices, but needs to be followed up with detailed and clear implementing regulations. Effective legal protection requires a synergy between strong regulations, the implementation of strict professional standards, and the use of technology that ensures data security and patient confidentiality.
Copyright (c) 2026 Jurnal Hukum Khaira Ummah http://creativecommons.org/licenses/by/4.0
Settlement of Traffic Crimes Based on Restorative Justice (Study of Decision Number 125/Pid.Sus/2024/Pn Pso)
Abstract. Traffic crimes are one of the most common forms of legal violations in everyday life. With increasing mobility and the growth of motorized vehicles, traffic violations have become an inevitable phenomenon in almost every city in Indonesia. These violations include various forms, ranging from administrative violations to criminal acts such as driving without a license, running red lights, and traffic accidents due to negligence. In many cases, traffic crimes not only harm the state and other road users, but can also result in injuries and even death. Law Number 22 of 2009 concerning Traffic and Road Transportation has regulated criminal sanctions for traffic violators. However, the law enforcement approach used so far tends to be repressive and retributive. The legal process for traffic violations is generally pursued through formal litigation in court, which in practice requires considerable time, effort, and resources. Litigation often results in criminal penalties, even in cases that could actually be resolved through deliberation between the perpetrator and the victim. This raises serious issues regarding the effectiveness and efficiency of the criminal justice system in handling cases that actually have the urgency of social recovery rather than mere punishment. The application of formal and bureaucratic legal processes to traffic crimes, which often involve elements of negligence or accident, often leads to dissatisfaction among perpetrators, victims, and the wider community. The lengthy and convoluted legal process, which generally involves formal litigation in court, often feels burdensome for the parties involved. While perpetrators may feel that their actions were not malicious, victims feel that legal resolutions that focus solely on the criminal aspect have not fully repaired the losses they have experienced, and the wider community feels that this protracted justice system does not fully resolve the problem. Criminal law that focuses on sanctions and punishment does not always meet the expectations of a more humane and contextual justice in each criminal case. Most traffic crimes, especially those that occur due to negligence or minor errors, are actually better resolved through an approach that is oriented not only toward punishment but also toward restoring social relationships damaged by the incident. A criminal justice system that emphasizes punishment often neglects broader humanitarian aspects, such as emotional and social recovery between perpetrators and victims. In certain cases, both victims and perpetrators have reached amicable agreements, yet the legal process continues without considering these outcomes. This demonstrates a disparity between the goals of the criminal justice system, which should be oriented towards achieving comprehensive justice for victims, perpetrators, and society, and the reality on the ground, which prioritizes proving guilt and imposing punishment. In many cases, the primary focus of the conventional justice system is on the punishment imposed on perpetrators as a form of deterrence, without considering the importance of victim protection and recovery, as well as the perpetrator's reintegration into society.
Legal Analysis of Prosecution of Money Laundering Crimes (TPPU) Proceeds of Narcotics Crimes in Indonesian Criminal Law
Abstract. Money laundering (TPPU) derived from narcotics crimes is an organized crime that has a broad impact on economic stability, security, and the effectiveness of law enforcement. Narcotics crimes often generate significant financial profits, leading perpetrators to employ various money laundering methods to disguise the origins of their proceeds. This study aims to analyze the legal aspects of prosecuting money laundering (TPPU) derived from narcotics crimes based on Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering and Law Number 35 of 2009 concerning Narcotics. The research method used is normative legal research with a statutory, conceptual, and case study approach. The results indicate that prosecutions of money laundering derived from narcotics crimes still face several obstacles, including the lack of evidence to prove the predicate crime, limited asset tracking, minimal coordination between law enforcement agencies, and increasingly complex asset disguising patterns. However, prosecutions can be conducted without having to wait for a final and binding court decision on the predicate crime, as long as there is sufficient preliminary evidence. Furthermore, implementing a "follow the money" approach and optimizing the role of the Financial Transaction Reports and Analysis Center (PPATK) have proven to be crucial strategies in uncovering the flow of funds from narcotics crimes. This study concludes that effective prosecution of money laundering (TPPU) from narcotics crimes requires strengthened regulations, increased capacity of investigators and prosecutors, and cross-agency coordination to ensure the recovery of state assets and disrupt the sources of funding for narcotics crimes.
Criminal Liability in the Crime of Theft with Benefit-Based Aggravation (Case Study of Criminal Case Decision No. 666/Pid.B/2024/ Pn Mks)
Abstract. The crime of aggravated theft, as stipulated in Article 363 of the Criminal Code (KUHP), constitutes a violation of human rights, particularly the right to property. This study aims to determine and analyze the criminal liability for aggravated theft based on expediency and the weaknesses of criminal liability for perpetrators of aggravated theft based on expediency, as outlined in Criminal Case Decision No. 666/Pid.B/2024/Pn Mks, as well as the formulation of the crime of aggravated theft based on expediency. This research method uses a socio-legal (juridical-sociological) approach. The research specification used is descriptive analysis. In this study, the types of data used are divided into two main categories: primary data and secondary data. Data collection methods in this study were conducted by combining normative and empirical approaches, namely through literature studies, field observations, and in-depth interviews. The problem is analyzed using the Theory of Criminal Responsibility, Theory of Legal Systems and Theory of Legal Utilities. The results of the study indicate that the criminal liability of the perpetrator of the crime of aggravated theft based on expediency in Decision Number 666/Pid.B/2024/PN Mks indicates that the judge assessed that all elements of the crime stipulated in Article 363 of the Criminal Code, both objective and subjective, were fulfilled, so that the defendant was legally and convincingly proven guilty. Weaknesses in the application of criminal liability based on expediency in this case include the lack of adequate consideration of the defendant's social, psychological, and economic aspects, as well as the lack of consideration of the defendant's social, psychological, and economic aspects. The formulation of the crime of aggravated theft based on expediency should integrate preventive, repressive, and restorative approaches in a balanced manner, so that the objectives of punishment can be achieved comprehensively.
Criminal Law Enforcement Against Land Grabbers in the Jambi Regional Police Jurisdiction
Abstract. Based on the provisions of the 1945 Constitution, Law Number 5 of 1960 concerning Basic Agrarian Regulations was drafted. One of the objectives of the Basic Agrarian Law (UUPA) is to provide legal certainty regarding land rights held by the community. An individual or legal entity wishing to have their land ownership officially recognized by the state and their rights guaranteed must register the land to obtain written proof, in the form of a land certificate. A land certificate can be obtained through land registration. Land registration can help determine the status, ownership, rights, area, and use of the land. According to Santoso, proof of land rights is indicated by the existence of a certificate. In reality, the land registration process is still far from perfect. In Indonesia, only about 44 million plots of land have been registered out of approximately 125 million plots of land, calculated from the emergence of the UUPA until 2016. Then in 2017, the Complete Systematic Land Registration Program (PTSL) was formed by the Ministry of ATR/BPN with a target of certifying 126 million plots of land by 2025 in Indonesia. Land certificates serve as a guarantee of legal certainty, as long as no other party can deny it. In general, besides certificates, there are other formal documents that function as documents of land ownership rights, namely ownership deeds. In the negative land registration system, the formal document is referred to as a "deed" of ownership, while in the positive land registration system, the formal document is referred to as a "certificate" of rights. The purpose of land owners in registering land is to obtain a land certificate, so the general public only knows the term certificate in terms of land registration. Meanwhile, the term "deed" refers to an authentic deed prepared by a Land Deed Official (PPAT) and a notary, whose function is to mark land transfers such as inheritance deeds, waqf pledges, sales and purchases, and so on. In Indonesia, cases of land grabbing have long been commonplace, even dating back to the colonial era. The word "encroachment" can mean occupying land or buildings owned by another person without regard to legal regulations. In Latin, this offense is called stellionat, which means embezzlement of rights over immovable objects. In this case, what is meant is land, houses, rice fields, buildings, and so on.
Legal Review of the Implementation of the Investigation System for Money Laundering Crimes
Abstract. From a legal political perspective, money laundering has become a crucial link in the crime chain. The Law on the Prevention and Eradication of Money Laundering does not have a comprehensive special procedural law, although money laundering is classified as a serious crime under Law Number 1 of 2023 concerning the Criminal Code (KUHP). Other serious crimes, such as terrorism, narcotics, or corruption, have special procedural laws that clarify the series of activities investigators must undertake to establish evidence. The aim of this research is to find out and analyze (1) the elaboration of the development of money laundering crimes globally and nationally, (2) the system for investigating money laundering crimes from a legal perspective, (3) legal problems in efforts to investigate money laundering crimes. The approach method used in this research is normative juridical. The specifications of this research are analytical descriptive. The data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research results and discussion can be concluded: (1) In the history of business law, the emergence of money laundering began in the United States since 1930. The centers of large gangsters who were skilled at money laundering in the United States were known as the legendary group Al Capone (Chicago). In the national scope, Indonesia only viewed the practice of money laundering as a crime and set sanctions for the perpetrators when Law No. 15 of 2002 concerning money laundering was enacted. (2) The crime of money laundering is a crime that arises from a previous crime or a subsequent crime. The investigation system with a special method which is the interpretation of the scheme for starting the investigation of the crime of money laundering is Parallel Investigation, Independent Investigation, and Further Investigation. (3) The existence of disparities in interpretation of the provisions of the Law on the Crime of Money Laundering will have implications for many perpetrators of the crime of money laundering who have the potential to be free/escape from legal prosecution. This is because from the perspective of law enforcement, the actions carried out by the perpetrators are not Money Laundering Crimes because there is not perfect placement, layering and integration, or the fraudsters are considered not to fulfill the element of knowing or suspecting "assets resulting from crime".
A Legal Analysis of the Handling of Theft Criminal Investigations and the Implementation of Restorative Justice in an Effort to Formulate an Ideal Justice System in Batam City
Abstract. In the preamble to the 1945 Constitution, paragraph 4, it is emphasized that the national goal of the State of Indonesia is to protect all Indonesian people and all of Indonesia's homeland and to advance general welfare, to educate the nation's life and to participate in implementing world order based on independence, eternal peace and social justice. The implementation of the national goal in order to realize the noble ideals of the Indonesian nation towards a just and prosperous society based on Pancasila and the 1945 Constitution, is realized through the existence of a national development program. Indonesia is a state of law. The affirmation of Article 1 paragraph (1) of the 1945 Constitution is that the state guarantees every Indonesian citizen equal standing before the law. This is regulated in Article 27 Paragraph (1) of the 1945 Constitution which reads: "All citizens have equal standing before the law and government and are obliged to uphold the law and government without exception." In state activities, the law determines everything. The law is the commander. The law is a system of rules. What leads us is that system of rules, not individuals who happen to hold positions. Public office holders come and go dynamically, but the regulatory system is stable and relatively permanent. The statement that Indonesia is a State of Law also has the consequence that Indonesia applies law as an ideology to create order, security, justice, and welfare for its citizens, so that the law is binding on every action taken by its citizens. In every state of law, perpetrators of violations of legal norms are required to be accountable for their actions. Because legal norms are created to be obeyed, if violated, sanctions will be imposed. For example, the State of Indonesia firmly states that Indonesia is a State Based on Law and not based on mere power. From the above definition, it can be concluded that Indonesia is a state of law, where all behavior of its citizens must be guided by existing legal norms. Law functions to regulate relations between one person and another and between humans and the state, so that everything runs in an orderly manner. Therefore, the purpose of law is to achieve peace by realizing legal certainty and justice in society. Legal certainty requires the formulation of clear and firm rules in legislation.
Legal Analysis of the Criminal Act of Embezzlement in Office that is Continuously Committed: A Case Study of the Decision of the Mempawah District Court
Abstract. Information technology systems have now penetrated nearly every aspect of human life, attracting significant attention from people worldwide and transforming their lifestyles. Advances in computer technology have coincided with changes in society, encompassing social values, norms, behavioral patterns, the organization, and the structure of societal institutions. In this context, criminal law forms part of a country's overall legal system. Criminal law is a subset of public law, which regulates the relationship between the state and individuals and the public interest, in contrast to private law, which regulates relationships between individuals and private interests. Acts prohibited by criminal law and punishable by law are known as criminal acts or offenses. In the Criminal Code (KUHP), criminal acts are classified into two types: crimes and violations. Examples of crimes include theft, embezzlement, assault, and murder, while violations include delinquency, begging, and vagrancy. Crime in society develops in line with the development of society itself, as crime is a product of society and needs to be addressed. This is because crime will not disappear on its own; instead, criminal cases are becoming more frequent, with the most dominant type being crimes against property, particularly embezzlement. Crime against property will likely increase in developing countries. This increase is in line with economic development and growth. Crime, as a social phenomenon occurring on earth, will likely never end, in line with the development and social dynamics that occur in society. This criminal problem appears to continue to grow and will never recede, both in terms of quality and quantity. This development causes unrest for both society and the government. Based on the First National Law Seminar in 1963, it was suggested that the purpose of Indonesian criminal law is to prevent obstacles to the creation of the society that the Indonesian people aspire to, by establishing prohibited acts and the penalties threatened to violate these prohibitions. Criminal acts are contrary to the order desired by law and are detrimental to society, and are therefore strictly prohibited. A good legal system will certainly be useless if not enforced. For this, quality resources and supporting facilities and infrastructure are needed. Furthermore, broad public support is a prerequisite for achieving just law enforcement. The use of criminal law with negative sanctions should be viewed as a last resort/subsidiary measure, prioritizing sanctions in other legal fields. If criminal law is to be involved, the lighter sanctions should be used among the many alternative sanctions threatened.
The Effectiveness of the Police's Role in Enforcing the Law Against Justice-Based Online Gambling Networks (A Case Study of the West Java Regional Police Cyber Directorate)
Abstract. The rampant phenomenon of online gambling poses a serious challenge to law enforcement in Indonesia. Advances in digital technology are exploited by perpetrators to operate across borders with ever-evolving methods, demanding adaptation from law enforcement agencies. This study aims to: (1) Describe the role of the police in law enforcement against online gambling networks; (2) Analyze the weaknesses of this police role; and (3) Determine the level of effectiveness of justice-based law enforcement, with a case study on the Cyber Directorate of the West Java Regional Police. This research uses a socio-legal research method with a qualitative approach. Primary data was collected through interviews and observation at the Cyber Directorate of the West Java Regional Police, while secondary data was sourced from primary, secondary, and tertiary legal materials. Data analysis was conducted descriptively-qualitatively to understand the gap between law in books and law in action. The results indicate that the Police's role includes preventive efforts (site blocking, outreach) and repressive efforts (investigation, arrests). However, its effectiveness still faces significant weaknesses, such as a less adaptive legal framework, limitations in human resources and digital forensic technology, and the complexity of evidence gathering. It is concluded that effective and just law enforcement requires a holistic strategy that not only relies on a repressive approach but also strengthens preventive-educative aspects, inter-agency coordination, enhanced investigative capacity, and active community participation.
The Constitutionality of the Proposal to Extend the Term of Office of Village Heads in the Principles of Democracy
Abstract. The extension of the village head’s term of office emerged following numerous demonstrations by village heads. Article 39 of the Village Law stipulates that the Village Head holds office for six years from the date of inauguration. A Village Head may serve a maximum of three consecutive or non-consecutive terms. However, the Village Head rejected this provision and requested that Article 39 of the Village Law be revised, allowing the village head’s term of office to be extended from six years to nine years. This is despite Constitutional Court Decision No. 42/PUU-XIX/2021 providing a constitutional interpretation of the term limit for Village Heads. This study aims to address the constitutionality of the Village Head’s term limit following the Constitutional Court Decision and its impact on village law and governance. This research utilizes both a legislative and conceptual approach. The research findings indicate that the limitation on the term of office of Village Heads in Constitutional Court Decision No. 42/PUU-XIX/2021 was implemented based on democratic principles and the spirit of the limitations required by the 1945 Constitution, modeled on the positions of President and Regional Heads. Furthermore, the urgency of extending this term of office is based on the need to increase productivity, complete village development, and reduce post-election polarization. However, negative implications such as the potential for authoritarianism, abuse of power, and stagnation in leadership regeneration make this proposal controversial. Furthermore, excessively long term extensions can lead to political saturation and reduced community participation in village democracy.
Legal Analysis of the Differences between the Democratic System in Indonesia and Other Countries
Abstract. This research is motivated by the significant differences between Indonesia’s democratic system and those of other countries, each shaped by distinct constitutional traditions. Indonesia’s democracy, grounded in Pancasila and the 1945 Constitution, exhibits unique characteristics that require deeper examination to understand how constitutional norms regulate governmental authority, public participation, and the relationship among state institutions. The objective of this research is to analyze the characteristics of Indonesia’s democracy, compare it with other democratic systems, and assess the juridical implications for governance administration. This study employs a normative juridical method using statutory, conceptual, and comparative approaches. The analysis is conducted through an examination of the 1945 Constitution, legislation related to democratic governance, and the constitutions of selected countries for comparison. The comparative approach helps identify fundamental differences between Indonesia’s presidential system and the parliamentary, federal, or semi-presidential systems of other nations. The findings reveal that differences in democratic systems have direct implications for checks and balances, the central–regional relationship, public participation mechanisms, and the capacity of representative institutions to supervise the executive. Comparative insights indicate that Indonesia must strengthen oversight regulations, clarify regional authority, and enhance legislative transparency to maintain governmental stability while upholding constitutional democratic principles.
Effectiveness of Law Enforcement in Corruption Crime Investigations (Case Study of the Ternate Police Resort, North Maluku)
Abstract. The investigation of corruption cases is a crucial stage in law enforcement because it determines the quality of evidence and the continuation of the judicial process. At the Ternate Resort Police, efforts to combat corruption face various challenges, ranging from case complexity to limited resources. This study aims to evaluate the effectiveness of law enforcement in the investigation of corruption crimes at the Ternate Resort Police and to identify the obstacles affecting investigator performance, thereby formulating strategies to enhance accountability and professionalism in the investigation process. This research employs an empirical legal method with a qualitative approach. Data were obtained through literature review, examination of official investigative documents, in-depth interviews with investigators, and direct observation of ongoing case handling. The analysis was conducted descriptively and analytically by referring to Lawrence M. Friedman’s legal system theory and Soerjono Soekanto’s factors of legal effectiveness, enabling a comprehensive assessment of the interplay among legal substance, legal structure, and legal culture in the practice of corruption investigations. The findings show that corruption investigations at the Ternate Resort Police generally adhere to procedural requirements, and several cases have successfully reached the P21 stage. However, law enforcement effectiveness is not yet optimal due to limited personnel and investigator competence, inadequate investigative facilities, the complexity of document-based evidence, and coordination challenges among institutions. This study highlights the need for strengthening investigator capacity, improving investigative infrastructure, and developing more robust inter-agency coordination mechanisms as strategic measures to enhance the effectiveness of corruption case investigations in the region.
The Crime of Theft from a Restorative Justice Perspective: A Normative Study of Padang District Court Decision Number 134/Pid.B/2025/Pn Pdg
Abstract. This research aims to analyze the application of restorative justice in minor theft cases based on the District Court of Padang Decision No. 134/Pid.B/2025/PN PDG, by examining the relevance of this approach to the Indonesian penal system, which is grounded in the values of Pancasila Justice. Restorative justice represents an alternative approach that emphasizes the restoration of relationships between the offender, the victim, and the community, rather than focusing solely on punishment (retribution). This concept places direct responsibility on the offender for his actions and provides the victim with the opportunity to obtain fair recovery and acknowledgment. This study employs a normative juridical method, using both the statute approach and the case approach. The data were analyzed through the examination of statutory regulations, legal principles, scholarly doctrines, and relevant court decisions. The normative approach was chosen because the focus of this research lies in studying the legal norms that govern the implementation of restorative justice in theft cases, both under the 1946 Criminal Code (KUHP) and the newly enacted 2023 National Criminal Code. The findings of this research indicate that the implementation of restorative justice is not an antithesis to the rule of law; rather, it serves as a corrective lens within criminal law that aims to harmonize legal certainty, justice, and utility. Within the framework of national law, restorative justice aligns with the principle of justicia cum misericordia—to punish when necessary and to restore when possible—while upholding human dignity as the ethical axis of the penal system. The application of this principle has proven effective in achieving a balance between victim protection and offender accountability, without disregarding the interests of public order.
Legal Review of the Problems of Registering Creations as Written Documents of Copyright Ownership at the DJKI, Ministry of Law in Indonesia
Abstract. This study examines in depth the mechanism of registering works as written documents of copyright ownership in Indonesia, as well as the accompanying problems, focusing on the dualism between the principle of automatic and declarative copyright protection as stipulated in Law No. 28 of 2014 concerning Copyright, and the existence of a registration mechanism organized by DJKI. The background of this research problem is driven by the importance of intellectual property rights as a manifestation of human intellectual abilities that are protected by law, abolished in the theory of natural rights and utilitarianism, as well as its constitutionality in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Although copyrights appear automatically, the registration of works has a crucial function as an initial proof of ownership, which is later strengthened by the development of the E-Copyright system. However, this bold ease of access opens up the potential risk of data manipulation and overlapping claims, exacerbated by digital literacy challenges among creators. The purpose of this study is to analyze the effectiveness of the creation registration system in providing definite, fair, and beneficial protection for creators, as well as to identify the juridical and non-juridical content of this dynamic, including its relevance to the case of "Geprek Bensu" which illustrates the problem of ownership of rights and administrative compliance. This study uses normative juridical legal methods with a descriptive-analytical approach. The normative approach was chosen to analyze the legal principles written in Law No. 28 of 2014 concerning Copyright, as well as the relevant Civil Code and Trademark Law, in order to understand the declarative principles, the function of registering works, and the problems that arise. The research specification uses a case approach to examine the case of "Geprek Bensu" as a concrete illustration, a statute approach to meet compliance with applicable laws, and a contextual approach (conceptual approach). The results of the discussion concluded that the registration mechanism in Indonesia adheres to the principles of automatic and declarative protection, but Registration serves as a crucial initial proof of ownership, with the E-Copyright system increasing efficiency and accessibility but also opening up the risk of manipulation and overlapping claims. The main problem lies in the dualism between automatic protection and logging, which is compounded by the potential for double registration and juridical defects due to the ease of bold access. The case of "Geprek Bensu" is a clear reflection of this problem, where the court upheld the principle of first to file for trademarks, but the DJKI's subsequent action to recommend the removal of recognized trademarks raises serious questions about the rule of law and administrative compliance. The analysis of the theory of the state of law and legal protection emphasizes the need for consistent law enforcement, equal treatment, and improvement of the administrative process of intellectual property rights registration in order to ensure certainty, fairness, and effective protection for all creators and rights holders.
Implications of Legal Problems for Police Efforts to Eradicate Online Gambling Crimes
Abstract. Many online gambling operators are based overseas, making national jurisdictions inadequate for effective legal proceedings. Extradition processes, requests for mutual legal assistance (MLA), and international cooperation are essential, but their implementation is not always smooth due to differences in legal systems and political interests between countries. Therefore, the government and the police need to take effective steps to prevent and stop online gambling practices in society. Based on this situation, efforts to address the problem of online gambling require effective criminal law policies. The purpose of this study is to determine and analyze (1) the dynamics of online gambling in Indonesia from the perspectives of legal sociology and positive law, (2) current police efforts to eradicate online gambling crimes, and (3) legal issues hindering police efforts to eradicate online gambling crimes. The approach used in this study is normative juridical. The research specifications are descriptive and analytical. The data sources used are secondary data. Secondary data is data obtained from library research, consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The research results and discussion can be concluded as follows: (1) Legal sociology considers that in the public's view, it is necessary to improve legal doctrine so that the public can understand the dangerous and destructive impacts of online gambling as well as legal doctrine on the effectiveness of law enforcement against the sources of the increase in online gambling itself. Modernization of law against online gambling is applied to legal products in Law Number 1 of 2024 concerning Electronic Information and Transactions. (2) Technically, the Police eradicate online gambling in collaboration with the Ministry of Communication and Digital, one of the efforts carried out by the National Police's Cyber Crime Directorate is to carry out formal supervision through cyber patrol techniques. The main purpose of carrying out formal supervision is to create a deterrent effect on criminals because the risk of being caught is high. One implementation of this strategy is in the form of the Cyber Patrol method carried out by Sub-Directorate 3 of the Cyber Crime Directorate of the National Police's Criminal Investigation Agency. (3) The Police need support from the government in the form of formulations from a legal and foreign policy perspective to further legitimize Police actions in reaching online gambling crime subjects located abroad. In many cases, online gambling servers or perpetrators' social media accounts are based abroad. When the data and perpetrators are in different jurisdictions, Indonesian authorities must go through a lengthy international cooperation mechanism.