Journal of Law Science

Criminogenic factors of child protection crime convicts in class IIB pacitan detention center

2025-08-30T07:03:13+00:00

This study explores the criminogenic factors influencing inmates convicted of child protection crimes at the Class IIB State Detention Center (Rutan) in Pacitan. The research is grounded in the alarming rate of child protection cases in Indonesia, with Pacitan ranking second in the number of such cases within the facility. The primary aim is to identify both internal and external factors that drive inmates to commit crimes against children, as well as to assess the effectiveness of the rehabilitation programs implemented. This qualitative descriptive study employs data collection methods including in-depth interviews, observation, and document analysis. The research subjects consist of five inmates aged 19–25 and two correctional officers. The findings reveal several dominant criminogenic factors, such as lack of self-control, social environment influence, antisocial personality traits, alcohol abuse, and family conflict. Rehabilitation programs at the detention center, which include religious activities and vocational training, have not yet fully addressed the specific needs of inmates. The study recommends the adoption of the Risk-Need-Responsivity (RNR) model to reduce recidivism and better prepare inmates for reintegration into society. These findings are expected to inform policymakers in enhancing inmate rehabilitation systems, particularly for child-related offenses.

The role of the legal division of the Probolinggo regency secretariat in drafting local regulations

2025-10-20T06:33:41+00:00

This study aims to analyze the role, duties, and working mechanisms of the Legal Division of the Probolinggo Regency Secretariat in drafting Regional Regulations (Perda) to support the implementation of regional autonomy in accordance with Law Number 23 of 2014 concerning Regional Government and its amendments. The research method used is a normative juridical approach with a descriptive-analytical nature, based on a literature study of laws and regulations, official regional documents, and related academic literature. The results of the study show that the Legal Division has a strategic role in all stages of Perda formation, from planning, drafting academic papers, harmonization and legal review, to ratification and evaluation of implementation. The Legal Division serves to ensure the conformity of Perda with the national legal hierarchy and the needs of the local community. However, a number of obstacles were found, such as limited human resources, suboptimal inter-agency coordination, and low utilization of digital technology in the regional legislation system. Therefore, this study recommends increasing the capacity of legal officials, optimizing inter-agency coordination, and digitizing the regional legislation process so that the drafting of local regulations is more effective, transparent, and participatory.

Challenges and the direction of legal politics after the abolition of the presidential threshold in Indonesia’s democratic system

2025-08-08T03:20:56+00:00

The abolition of the Presidential Threshold in Indonesia's presidential election system has significant implications for the configuration of political power, the dynamics of the party system, and the direction of national legal politics. The presidential threshold has long been regarded as a political instrument that restricts democratic space, limits citizen participation, and strengthens party oligarchy. In practice, the threshold has hindered the emergence of alternative candidates outside major coalitions, resulting in stagnation in national leadership regeneration. Once this provision is abolished either through judicial rulings or legislative reform Indonesia faces a major challenge in maintaining a balance between political openness and governmental stability. This article aims to examine the political and legal challenges following the abolition of the threshold and to formulate a relevant legal-political direction within the context of constitutional democracy. Using a qualitative approach through normative-juridical methods and legal-political analysis, this study finds that the abolition of the threshold must be accompanied by electoral system reform, the strengthening of democratic institutions, and the development of a presidential candidate selection mechanism that is democratic, accountable, and responsive to public aspirations. Future legal politics must serve as an instrument for the transformation of substantive democracy, rather than merely adapting to procedural changes.

Implementation of regional regulation number 4 of 2017 concerning the implementation of franchises, shopping centers and modern stores saruni jaya study at the Pandeglang regency licensing service

2025-10-02T08:16:57+00:00

This study uses a qualitative approach with descriptive methods. Data collection techniques include interviews, documentation, and literature studies. Informants in this study came from DPMPTSP officials, business actors, and the local community to provide a real picture of the regulation’s implementation. The results indicate that the implementation still faces major barriers, such as modern stores that fail to meet licensing and zoning requirements. Oversight has not been maximized, and law enforcement remains weak. Therefore, the author suggests strengthening supervision, improving human resource capacity within DPMPTSP, and encouraging businesses to establish active partnerships with local MSMEs to create inclusive and equitable economic growth.This study concludes that the existence of the “Saruni Jaya” shopping center in Pandeglang Regency has not fully complied with Regional Regulation Number 4 of 2017, particularly regarding licensing, zoning, and partnership obligations with MSMEs, and that law enforcement against violations of the regulation remains weak, thereby preventing the regulatory objectives from being optimally achieved.

Legal analysis of parking service providers' liability for consumer losses

2025-08-13T03:57:38+00:00

The increasing use of private vehicles in urban areas has led to the growth of parking services, but often gives rise to legal conflicts when vehicles are lost or damaged. This study aims to review the form of legal responsibility of parking service providers towards consumers, especially when exoneration clauses are used as a basis for exemption from responsibility. With a normative juridical approach and a literature study of Law Number 8 of 1999 concerning Consumer Protection, this study demonstrates that the responsibility of service providers is absolute (strict liability), whereby they are still obliged to provide compensation even if they are not proven to be directly negligent. The results of the study also reveal that exoneration clauses included unilaterally in parking tickets are contrary to the principle of contractual justice and are declared invalid under law. Therefore, it is important to strengthen regulations and educate consumers about their rights to obtain protection against losses. These findings are expected to contribute to the formulation of a fairer policy in the parking service sector.

A juridical review of illegal parking fees based on the regional regulation of Pandeglang regency number 4 of 2023 concerning retribution and local original income

2025-09-27T02:40:07+00:00

Inheritance disputes arising from gifts without a deed have become a recurring issue in society, particularly due to the persistence of informal transfer practices and limited legal awareness regarding the importance of written documentation. This research is motivated by the rampant practice of illegal parking fees in Pandeglang Regency, particularly at Pasar Badak, which violates Regional Regulation Number 4 of 2023 concerning Retribution and Regional Original Revenue (PAD). Parking retribution is an important PAD source that should be managed officially and transparently by the local government through the Department of Transportation. Illegal parking not only reduces PAD but also creates legal, social, and economic problems. The study aims to identify the causes of illegal parking at Pasar Badak and examine the legal measures taken by the Department of Transportation of Pandeglang Regency. Using normative juridical and empirical juridical approaches, data were collected through interviews, field observations, and literature studies. Findings show that weak supervision, low public legal awareness, and limited official parking facilities are the main causes of illegal parking. Efforts by the Department of Transportation, such as enforcement actions and public outreach, remain sporadic and not yet effective in ensuring sustainable law enforcement. The study recommends strengthening supervision, utilizing technology through a digital parking system, and improving inter-agency coordination to maximize PAD revenue and regulate illegal parking more effectively.

Juridical analysis of breach of contract resolution in rural bank credit agreements

2025-09-25T05:19:07+00:00

This research aims to analyze the compliance of the Pandeglang District Court Decision No. 28/Pdt.G.S/2024/PN Pdl with Article 1239 of the Indonesian Civil Code (KUHPerdata) and to examine the judges’ legal considerations in resolving a breach of contract dispute in a credit agreement between a Rural Bank (BPR) and its debtor. This study employs a normative-empirical legal research method, combining statutory and case law analysis with field data obtained through court observation and interviews with judges and stakeholders. The study contributes theoretically by strengthening the understanding of contract law enforcement, particularly in verdicts rendered in absentia, and practically by providing guidance for judges and BPR institutions to ensure fair and consistent application of civil law. It also offers a methodological contribution by integrating normative and empirical approaches in assessing judicial decision making. This research is important because it ensures that judicial decisions in breach of contract cases reflect legal certainty, fairness, and consistency with civil law principles, especially in verdicts rendered in absentia.

Lelgal analysis of velhiclel seizure by debt collectors based on constitutional court decision 18/PUU-XVII/2019

2025-09-25T05:36:13+00:00

This study analyzes the legality of motor vehicle repossession by debt collectors under fiduciary agreements following Constitutional Court Decision No. 18/PUU-XVII/2019. Unilateral repossession practices by financing companies through third parties often result in violations of debtor rights, legal disputes, and social unrest. The research employs a normative juridical method with a statutory approach, court decision analysis, and legal literature review to evaluate its conformity with the principle of legal protection. The purpose of this study is to explain the legal implications of Constitutional Court Decision No. 18/PUU-XVII/2019 on the enforcement mechanism of fiduciary guarantees and to assess the extent to which debtor protection can be realized without neglecting creditors’ rights. The findings show that repossession without debtor consent or court authorization contradicts Article 15 of the Fiduciary Guarantee Law and the principle of due process. Recommendations include regulatory strengthening, debt collector certification, and the implementation of responsive laws to prevent arbitrary repossession practices.

Legal analysis of the banten province regional personnel agency policy in recruiting employees at the cilograng regional general hospital and the Labuan

2025-09-20T07:55:56+00:00

This research analyzes the legal aspects of the Banten Province Regional Personnel Agency (BKD) policy in recruiting employees at Cilograng Regional General Hospital and Labuan Regional General Hospital in relation to Banten Governor Regulation Number 11 of 2020 concerning the governance of non-civil servant employees at the Regional Public Service Agency (BLUD) within the Banten Provincial Health Service. Using a normative juridical approach supported by empirical data, this study examines the extent to which recruitment practices comply with the regulatory framework and principles of good governance. The findings show that while the recruitment process largely follows the Governor Regulation, challenges remain in ensuring transparency, accountability, and equal opportunity. The BLUD system provides flexibility for hospitals to address human resource needs more quickly; however, weaknesses in oversight mechanisms and the lack of legal certainty for non-civil servant employees may create legal and administrative risks. The study recommends clearer technical guidelines and consistent monitoring to strengthen compliance and improve governance in recruitment. It is necessary to increase the capacity of the selection committee through training on the principles of good governance and the use of information technology in the recruitment process, so that transparency, accountability, and equal opportunities can be more assured.

The effectiveness of the police's role in dealing with thuggery in Serang Regency

2025-09-15T09:22:42+00:00

This study aims to analyze the effectiveness of the police's role in combating thuggery in Serang Regency. Thuggery, as a form of social crime, not only disrupts public order but also causes public unrest and hinders regional development. The research method used is a qualitative approach with data collection techniques through interviews, observations, and documentation studies. Research informants consisted of police officers, community leaders, and parties involved in efforts to combat thuggery. The results of the study indicate that the police have implemented several strategies, including repressive actions in the form of raids and law enforcement, preventive actions through routine patrols and legal socialization, and pre-emptive actions by establishing cooperation with the community to increase legal awareness. However, the effectiveness of these efforts still faces obstacles, such as limited police resources, a permissive culture of some communities towards thuggery practices, and weak coordination with other agencies. The conclusion of this study is that the police's role is quite effective in reducing the number of thuggery acts, but to achieve optimal results, stronger synergy is needed between the police, local government, and the community. This study recommends increasing the capacity of officers, optimizing community development programs, and strengthening regional regulations as strategic steps in eradicating thuggery in Serang Regency.

Justice for victims: An analysis of child sexual assault through the lens of gustav radbruch's legal values at the Luwuk District Court

2025-09-02T09:33:16+00:00

This study conducts an analysis of two judicial decisions pertaining to sexual offenses against minors: Verdict Number 2/Pid.Sus-Anak/2025/PN Luwuk, which involves a juvenile offender, and Verdict Number 37/Pid.Sus/2025/PN Luwuk, which pertains to an adult offender. A normative juridical approach was utilized, informed by Gustav Radbruch’s theory of law and Lawrence Friedman’s legal system theory. The findings indicate a differentiated legal response contingent upon the status of the offender. In the case of the juvenile, the court rendered a conditional sentence that adopted a rehabilitative strategy, thereby reflecting principles of restorative justice and prioritizing the best interests of the child. In contrast, the adult offender received a prison sentence accompanied by a maximum fine, devoid of leniency, which underscores a stringent protective stance towards the child victim and serves as a deterrent for society. Both rulings exemplify the effective operation of legal frameworks and indicate advancements in Indonesia’s legal culture concerning the firm and equitable handling of sexual violence against children. This study emphasizes the necessity of balancing justice, legal certainty, and social utility within the criminal justice system for both juvenile and adult offenders.

Executing mortgage auctions in insolvency: A study on normative conflicts, legal certainty, and separate creditor protection

2025-08-08T03:11:26+00:00

This paper discusses the normative asynchronousness between the Mortgage Rights Law (UUHT) and the Bankruptcy Law in the execution of mortgage collateral object auctions during insolvency. Secured creditors, such as banks, face restrictions in executing mortgage rights even though Article 6 of the UUHT normatively grants direct execution rights. This research utilizes a normative legal approach with techniques including analysis of legal regulations, a comparison of the Dutch and German legal systems, and literature review. The findings indicate that there is legal uncertainty in the practical execution of collateral object auctions during insolvency, and that the protection of secured creditors is limited and dependent on the interpretations of curators and courts. The author argues that the position of secured creditors, such as banks, should be given stronger legal certainty guarantees within the framework of property rights protection and legal certainty.

The fair use doctrine in the digital age: Reassessing the balance between creators' rights and public access

2025-10-20T06:51:44+00:00

This paper critically reassesses the application and efficacy of the Fair Use doctrine within the contemporary Digital Age, noting that the rise of generative AI and mass digitization has amplified friction between Creator's Rights and the need for Public Access. This study employs a normative legal research methodology, integrating doctrinal analysis with critical policy evaluation by focusing on U.S. statutory provisions and analyzing landmark rulings concerning Digital Copyright. The main finding is that the conventional, four-factor balancing test is frequently inadequate in assessing modern cases, particularly those involving Transformation Use, as it fails to provide predictable standards. The academic contribution is the proposal of a refined analytical framework for the doctrine, aiming to re-establish the crucial balance between adequately compensating creators while actively fostering innovation and robust Public Access in an increasingly digitized information environment.

Legal analysis of land ownership disputes between bona fide purchasers and certificate holders: A case study of serang district court decision no. 121/pdt.g/2024/pn.srg

2025-07-31T05:27:38+00:00

Land ownership disputes are common in Indonesia, especially when involving good faith buyers who have lawfully purchased and physically occupied land but do not yet possess an official land certificate. The discrepancy between physical control and formal ownership documents often leads to complex legal conflicts. In practice, the land law system tends to prioritize formal documentation over substantive justice, thereby disadvantaging honest parties who have acted in good faith. This study aims to analyze the legal protection for good faith buyers in land ownership disputes and to examine the legal considerations of judges in Decision No. 121/Pdt.G/2024/PN.Srg. The focus is on how the court evaluates the strength of formal certificates versus the legitimacy of transactions made by buyers acting in good faith. The research method used is normative juridical with a case study approach. Data was obtained through literature review, court documents, and relevant statutory regulations. The analysis was conducted qualitatively using legal certainty theory, legal protection theory, and substantive justice as analytical frameworks. The results indicate that the court prioritized the administrative strength of certificates as the primary basis in ruling the case. Although the defendant conducted a valid transaction and physically controlled the land, the court did not fully consider the element of good faith. This reflects the weak legal protection for good faith buyers and an imbalance between legal certainty and justice in the land dispute resolution process.

Juridical review of inheritance disputes arising from absence of gift deed in civil law

2025-09-30T07:28:28+00:00

This research examines inheritance dispute resolution caused by the absence of a deed of gift from a civil law perspective. Oral or informal gifts remain common, particularly among Muslim families, and often trigger disputes after the donor’s death. The study aims to analyze: (1) the legal standing of inheritance disputes without a deed of gift, and (2) the juridical implications for donors, recipients, and other heirs. The research applies a normative-empirical juridical method, combining statutory, conceptual, and case study approaches. Primary data were collected through observation and interviews at Wahyudi and Partner Law Office, while secondary data were obtained from literature studies. The findings reveal that the absence of a deed weakens the recipient’s legal position, leading courts to annul the gift and return the property to the estate. Thus, a deed of gift is essential not only as valid legal evidence but also as preventive legal protection to ensure certainty and avoid disputes.

Legal review of logging without environmental permits on perum perhutani land in gunung pinang in relation to banten regional regulation number 10 of 2012 concerning environmental protection and management

2025-09-20T08:27:11+00:00

This study conducts a legal review of logging activities carried out without environmental permits on Perum Perhutani land in Gunung Pinang, examined through the framework of Banten Regional Regulation No. 10 of 2012 concerning Environmental Protection and Management. Using a normative legal research method supplemented by document analysis and comparative review of statutory instruments, the paper identifies the legal obligations imposed by the regional regulation on permit requirements, environmental impact prevention, and restoration duties. The analysis shows that unpermitted logging on state-managed forest land contravenes both regional environmental obligations and broader forestry and environmental statutes it undermines mandates for environmental impact assessment, breach of administrative duties, and triggers liability for environmental damage. The review further highlights gaps in enforcement, ambiguous jurisdictional boundaries between regional and national authorities, and weaknesses in community engagement that permit illicit exploitation to persist. The paper concludes that effective legal response requires coordinated enforcement between Perum Perhutani, regional environmental agencies, and law enforcement; clear procedural guidance on permit processes and sanctions under the regional regulation; and restorative actions including mandatory rehabilitation, sanctions proportionate to harm, and community-based monitoring to prevent recurrence.

Juridical analysis of dismissal for serious disciplinary violations by garuda cabin crew

2025-09-25T05:26:46+00:00

This study presents a juridical analysis of employment termination (PHK) imposed on a cabin crew member of PT Garuda Indonesia due to serious disciplinary violations, with a case study based on Court Decision Number 62/Pdt.Sus-PHI/2024/PN.Srg. The central issue examined is the act of carrying goods exceeding the permitted capacity, which was considered a breach of the Collective Labor Agreement (CLA) and customs regulations. The research aims to determine whether such conduct can serve as a valid legal basis for termination under the CLA and to analyze the judge’s legal reasoning in resolving the case. Using a normative juridical approach, this study reviews relevant statutory provisions, legal doctrines, and judicial decisions. The findings demonstrate that the employee’s actions constitute a serious disciplinary offense that can justify termination if implemented through lawful and proportional procedures. This research contributes theoretically by enriching the study of labor law, particularly concerning the balance between employers’ disciplinary authority and workers’ legal protection, and practically by offering guidance for companies and judges to ensure that termination decisions comply with justice, legal certainty, and national labor regulations.

Legal review of the liability of the Bissmika Usaha Nusantara savings and loan cooperative for unlawful acts against customers

2025-09-20T08:37:11+00:00

This study examines the legal review of the liability of the Bissmika Usaha Nusantara Savings and Loan Cooperative for unlawful acts committed against its customers. As a financial institution operating under the cooperative model, the cooperative is bound by legal obligations to uphold the principles of trust, transparency, and accountability. However, issues arise when the cooperative engages in actions that potentially harm customers, such as mismanagement of funds, lack of clarity in contracts, or failure to comply with statutory regulations. This research adopts a normative juridical approach, analyzing laws and regulations governing cooperatives in Indonesia, particularly those relating to cooperative responsibility, contractual obligations, and unlawful acts (perbuatan melawan hukum). The findings indicate that cooperatives can be held liable both institutionally and personally through their management, depending on the nature of the violation. Furthermore, legal remedies available to customers include civil claims for damages, dispute resolution through cooperative forums, and escalation to the judiciary. The study contributes to understanding cooperative accountability and strengthening consumer protection within Indonesia’s cooperative financial system. This study aims to analyze the legal responsibility of the Bissmika Usaha Nusantara Savings and Loans Cooperative for unlawful acts that harm customers and examine the dispute resolution mechanisms that can be taken.

Legal review of the regulation of street vendors by the serang district police unit regarding the maintenance of public order, public order and public protection

2025-09-13T09:34:59+00:00

The purpose of this study is to assess the compliance of enforcement actions with Serang Regency Regulation Number 2 of 2018 concerning the Implementation of Public Order, Security, and Community Protection, and to identify various factors that cause violations or non-compliance by traders with this policy. The method used in this study is a normative juridical approach supported by empirical data. Data collection techniques were carried out through literature studies and direct interviews with traders, Satpol PP officers, and related parties within the Serang Regency Government. The data obtained were then analyzed qualitatively by interpreting legal provisions and relating them to social conditions in the field. The results of the study indicate that although enforcement actions by Satpol PP have a strong legal basis, their implementation in the field still encounters obstacles. Many street vendors refuse relocation due to economic reasons, the lack of adequate socialization, and the relocation location being considered non-strategic. This indicates a mismatch between legal policies and community needs. The conclusion of this study is that the success of enforcement is determined not only by legality, but also by the approach used in its implementation. Therefore, local governments are advised to implement fair, participatory, and social protection-based strategies so that enforcement policies can be accepted and implemented effectively in society.

The role of local government in clean water management in tangerang regency a study of local regulation no. 67 of 2022

2025-09-11T04:48:41+00:00

Clean water is a basic need that requires guaranteed provision, access, and sustainability of services for the community. Tangerang Regency Regent Regulation (Perbup) Number 67 of 2022 concerning the Community-Based Clean Water Provision Program provides the legal basis for local government intervention in clean water provision at the village/sub-district level. This study aims to analyze the role of local governments—including policy formulation, financing, technical facilitation, community empowerment, and monitoring mechanisms—in the implementation of this program. The method used is a qualitative approach through analysis of policy documents (Perbup No. 67/2022), interviews with local stakeholders, and field studies at several pilot sites. The results indicate that local governments play a central role as policymakers and financial and technical facilitators. Perbup 67/2022 clarifies the collaboration scheme between the district government, sub-district/village officials, and the community in community-based clean water provision. However, real obstacles include budget limitations, technical capacity at the village level, suboptimal inter-institutional coordination, and challenges to the operational sustainability of water facilities. Based on the findings, the main recommendations are to strengthen institutional capacity and coordination mechanisms, allocate sustainable budgets, deepen the role of PDAMs and community self-management, and establish a transparent monitoring and evaluation system to ensure equitable and sustainable access to clean water. In conclusion, Perbup No. 67/2022 offers a legal framework.