Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia

Harmonization of International Instruments and National Regulations for the Protection of Indonesian Migrant Workers: Achieving Global Compliance and Comprehensive Protection

Sri Mulyani, Dikha Anugrah — Mon, 03 Nov 2025 00:00:00 +0000

The cross-border mobility of Indonesian labor has become a global phenomenon that significantly contributes to the national foreign exchange, yet simultaneously poses a substantial risk of human rights violations in the absence of adequate legal protection. This article examines the disharmony between international legal instruments and national regulations in the context of protecting Indonesian migrant workers. Utilizing a normative juridical approach and qualitative method, the study finds that Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers (PPMI Law) is not fully aligned with the principles enshrined in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) and other relevant international conventions. Such inconsistencies not only weaken legal protection at all stages of the migration cycle but also give rise to serious legal implications for the State as the guarantor of its citizens' rights. This research recommends legal harmonization strategies and institutional strengthening to ensure comprehensive and equitable fulfillment of migrant workers' rights.

Analisis Yuridis Mengenai Sengketa Tanah Bekas Milik Belanda Antara Masyarakat Dengan Pt Kereta Api Indonesia (Persero) Berdasarkan Putusan Pengadilan Nomor 1145/Pdt.G/2023/Pn.Sby

Febrian Putra Wedistya, Eko Rial Nugroho — Fri, 19 Dec 2025 00:00:00 +0000

Abstract

This research aims to juridically analyze the judge’s considerations in the Surabaya District Court Decision Number 1145/Pdt.G/2023/PN.Sby and to assess the compatibility of the ruling with land law principles and prevailing legal regulations in Indonesia. The research method employed is normative juridical, using statutory and case approaches. The findings indicate that the community’s occupation of the land is not fully recognized under positive law due to the absence of formal ownership evidence, while PT. Kereta Api Indonesia (Persero) bases its claim on the land’s status as a state asset inherited from the colonial period, which has not been officially transferred. The court's decision affirms the legal standing of PT. Kereta Api Indonesia (Persero) as the rightful party to the disputed land. The land ownership dispute over former Dutch property between the local community and PT. Kereta Api Indonesia (Persero) is a complex legal issue, deeply intertwined with historical, administrative, and civil rights aspects. This study recommends a reformulation of policies regarding the redistribution of former colonial lands to ensure legal certainty and justice for the affected communities

Pelindungan Hukum Terhadap Hak Atas Kesehatan Pekerja Migran Indonesia Sebagai Kelompok Rentan

Rifki Alfian Wicaksono, Ahmad Khairun Hamrany, Guntar Mahendro, Ilham Pransetyo — Fri, 28 Nov 2025 00:00:00 +0000

This study was conducted to determine how legal protection of the right to health applies to Indonesian migrant workers using a normative research method with a legislative and conceptual approach through access to primary legal sources in the form of legislation and international conventions, secondary legal sources, both journals and scientific books, as well as non-legal materials such as encyclopedia or relevant non-legal journals. The findings of this study indicate that there is a lack of oversight regarding the fulfilment of health rights, the national health insurance system for workers is not integrated with relevant health conditions, and there are discriminatory actions regarding access to health services in the host country.

Kebijakan Formulatif Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang (Studi Perbandingan Indonesia dan Singapura)

Fasya Putri Maulana, Ayu Izza Elvany — Fri, 19 Dec 2025 00:00:00 +0000

Abstract

This research is motivated by the need for Indonesia to reform the law regarding money laundering crimes that are increasingly developing the types of actions. Currently, Indonesia has enacted Law No. 8 of 2010 on the Prevention and Eradication of the Crime of Money Laundering and most recently regulated in Law No. 1 of 2023 on the Criminal Code. Based on the Mutual Report Evaluation Financial Action Task Force, Singapore is one of the ASEAN countries that has the lowest level of money laundering crime with a strict regulatory structure. So the purpose of this research is to compare regulations between the two countries which hopefully can provide some ideal construction for legal reform in Indonesia. The research method used in this research is normative juridical research by examining secondary data document studies such as legislation and comparative approaches. Based on the research conducted, it is found that there are differences in legal formulations between Indonesia and Singapore, namely related to the broader scope of criminal acts of origin and clarity in several elements of the article so as not to cause various interpretations and there are differences in criminal sanctions for active, passive and corporate actors so as to provide a deterrent effect to perpetrators of money laundering. In addition, the results of this study will provide some forms of ideal construction that can be considered by policy makers to improve regulations related to money laundering in Indonesia.

Peran Negara dalam Pemberian Bantuan Hukum bagi PMI yang Terjerat Kasus Hukum di Luar Negeri (Studi Perbandingan antara Indonesia dan Filipina)

Abdul Mustopa Jawahid, Nanda Hairunnisa — Fri, 28 Nov 2025 00:00:00 +0000

Indonesian Migrant Workers (PMI) have long been a vital pillar of the national economy through their contributions as foreign exchange earners. However, several issues remain, particularly the lack of legal assistance for PMI involved in legal cases abroad, as well as the non-procedural status of some PMI, who are indirectly unrecognized and excluded from the scope of protection under the Indonesian Migrant Workers Protection. In contrast, the Philippines has a clearer legal assistance system that does not distinguish between the legal or illegal status of its workers. The issue that arises in this study is how Indonesia and the Philippines can provide legal assistance to their migrant workers who encounter legal problems abroad, as well as identifying the substance of regulations in the Philippines that can be applied in Indonesia. This research uses a normative legal method with conceptual, statutory, and comparative approaches. The results show that the Philippines outperforms Indonesia in three aspects: first, a more comprehensive concept of protection and social security; second, stronger and more inclusive legal protection and assistance for migrant workers; and third, more robust welfare and training support programs. Substantive models that can be adopted in Indonesia include the MWOFRC, LAMWA, and LAF.

Penerapan Prinsip Good Corporate Governance dalam Upaya Penyehatan Keuangan pada AJB Bumiputera 1912

Haryodharu Putra Santoso, Retno Wulansari — Fri, 19 Dec 2025 00:00:00 +0000

This study aims to identify and analyze the implementation of Good Corporate Governance principles in the financial restructuring efforts of AJB Bumiputera and its supervision by the Financial Services Authority (OJK). This research employs a normative legal research method, using case, conceptual, and statutory approaches. The data sources consist of secondary data, including primary, secondary, and tertiary legal materials, and the analysis is conducted through a qualitative method. The findings indicate that the implementation of Good Corporate Governance principles at AJB Bumiputera has not been properly carried out in accordance with applicable regulations. AJB Bumiputera is considered to have failed in fulfilling its obligations to consumers, as evidenced by violations of the right to transparency, unpaid claims or benefits, and the failure to meet financial recovery plan targets As a result, the company is considered to have breached the principles of Good Corporate Governance, leading to the non-fulfillment of policyholders' rights as stipulated in the Insurance Law. The OJK Law stipulates the role of OJK in overseeing the application of Good Corporate Governance principles in insurance companies. The OJK has fulfilled its supervisory responsibilities over AJB Bumiputera by issuing OJK Regulation Number 7 of 2023 concerning Governance and Institutional Arrangements for Mutual Insurance Companies and by imposing administrative sanctions on AJB Bumiputera, including written warnings and partial or full business activity restrictions. Training or outreach programs are required for company management regarding the implementation of Good Corporate Governance principles, strengthening internal audits, the need for a comprehensive supervisory strategy, and the necessity of sanctions that can be imposed on the OJK.

Transformasi Instrumen Internasional dalam Pelindungan Pekerja Migran Perempuan dan Implikasinya terhadap Kebijakan Nasional

M. Mustofah Bisri, Safira Ika Maharani, Barlian Najma Elhanuna — Sun, 30 Nov 2025 00:00:00 +0000

This study analyzes the transformation of international instruments in the protection of female migrant workers and their implications for Indonesia’s national policy from an Administrative Law perspective. It focuses on CEDAW 1979, ICMW 1990, and ILO Conventions No. 189 and No. 190. Using a normative legal approach with secondary data from legislation, government reports, and academic sources, the study finds that despite ratification of CEDAW and ICMW, non-ratification of ILO No. 189 and incomplete implementation of Law No. 18 of 2017 result in gaps in legal protection, particularly for domestic and informal female migrant workers. Challenges include weak oversight of placement agencies, irregular migration, gender-based violence, and limited enforcement of labor rights. The findings suggest that international instruments provide a strong normative framework, yet practical protection remains limited. The study recommends ratifying ILO Conventions No. 189 and 190, harmonizing national policies with international standards, strengthening administrative oversight, and promoting empirical research to evaluate policy effectiveness in protecting female migrant workers.

Modus Operandi, Penyebab, dan Dampak Tindak Pidana Perjudian Online yang Dilakukan oleh Mahasiswa di Daerah Istimewa Yogyakarta

Witri Naeli Ginaniar, Wahyu Priyanka Nata Permana — Mon, 22 Dec 2025 00:00:00 +0000

This study aims to analyze online gambling crimes committed by university students in the Special Region of Yogyakarta from a criminological perspective. The research focuses on modus operandi, causal factors, and resulting impacts. The method used is empirical legal research with a sociological and criminological approach. Data were collected through literature review and interviews. The findings show that the modus operandi includes promotion via social media, gambling applications, and deposit-based transactions. The main contributing factors are social influence, economic needs, and weak oversight. Online gambling has negative impacts on students’ psychological condition, finances, and moral integrity. The study recommends preventive efforts through education and strengthened institutional roles.

Keabsahan Perjanjian Sewa Secara Lisan Dan Oper Sewa Tanpa Izin Pemberi Sewa

Anneu Frameswari Hidayat, Riky Rustam — Fri, 19 Dec 2025 00:00:00 +0000

The validity of the transfer of rent in a lease agreement against the leased object without the owner's knowledge is an action that cannot be justified by law. The Lease Agreement is one type of agreement regulated in the civil code. Lease - Renting is a form of legal relationship that regulates two parties, where one party binds himself to provide the other party with the enjoyment of an item, for a specified time with the payment of a price by the last party that he agrees to. In connection with this, the background to the transfer of rent against the leased object without the knowledge of the leased object. The purpose of this study is to determine the things that cause the transfer of leased objects without the knowledge of the original owner which turns out to be a mixture of third parties. The research typology used in this study is normative legal research. The results of this study are that there has been interference from a third party or a party outside the lease agreement, related to the leased place (object), namely a kiosk used by the tenant as a place of business for the UII Jakal penyetan food stall, which has been rented by the tenant with the previous owner, the third party feels that the tenant's business is disturbing his business so that he urges the tenant to immediately move and make an agreement to transfer the kiosk lease object to him without the owner's knowledge, and the third party is the owner of Warmindo and the third party is the tenant's brother-in-law. The legal recommendation that can be given is that the third party is responsible for compensating for the losses for their actions and the dispute that occurs between the parties, the owners can be resolved amicably because the parties are still related by family ties, if the dispute cannot be resolved then it can be resolved through mediation until the dispute is resolved through litigation in court. If the parties are deemed unable to pay for the legal services of a lawyer, then the parties can request legal assistance through the Law Center Institution which provides free legal assistance and provides voluntary assistance to the parties by directing the things that must be done during the dispute resolution process, especially during the trial in court.

Perlindungan Hukum Terhadap Korban Tindak Pidana dalam Konsep Pemaafan Hakim (Perbandingan antara Hukum Pidana Indonesia dengan Belanda)

Muhammad Gibran Hariza, Syarif Nurhidayat — Mon, 22 Dec 2025 00:00:00 +0000

Abstract

This research aims to analyze the concept of judicial discretion as regulated in the National Criminal Code and compare it with the Dutch Criminal Code from the perspective of legal protection for victims of criminal acts. The issues examined in this study are: First, the basic idea of judicial discretion as related to provisions for victim protection. Second, a comparison with the Dutch legal system. The method used in this study is a normative method using a regulatory, comparative, and conceptual approach with primary, secondary, and tertiary legal data sources obtained through document and library studies and analyzed descriptively and qualitatively. Based on the results of the study, the concept of judicial leniency to be implemented in the criminal justice system in Indonesia is not yet fully supported by factors related to legal protection for victims. Additionally, there is no explicit explanation regarding the classification of criminal offenses that may be subject to leniency and the clarification of sentencing criteria that should serve as a guideline for judges in rendering decisions. The Netherlands, with its advanced criminal justice system, has long since implemented the concept of judicial discretion with mutually supportive integration between norms, so that the interests of victims' rights can be fulfilled. This can be an innovation in the reform of the criminal justice system in Indonesia. The recommendation from this research is that there is a need for improvement, synchronization, and harmonization of the provisions in the concept of judicial discretion. Additionally, victim impact statements can be considered as one of the factors to accommodate the interests of victims of criminal offenses.

Hak Pendidikan bagi Pekerja Migran dalam Dinamika Globalisasi: Analisis Hukum Internasional dan Realitas Sosial

Mon, 03 Nov 2025 00:00:00 +0000

This study examines the rights to freedom of association and education for Indonesian migrant workers (PMI) within international and domestic (Hong Kong and Indonesia) legal frameworks. The research questions focus on how legal norms regulate these rights and the structural, cultural, and legal barriers faced by PMI. An empirical legal approach combines legislative analysis (UDHR Article 26, ICESCR Articles 13-14, ICMW Article 43, and Hong Kong local regulations) with a case study of PMI experiences. Primary data were collected from interviews with PMI, diaspora communities, and NGOs, while secondary data came from legal documents and reports. Descriptive qualitative analysis reveals that, despite international norms guaranteeing education rights, PMI face exploitation, long working hours, and limited employer support, restricting access. The Open University program offers opportunities, but success depends on individual initiative and community support. Collaboration between governments and NGOs is essential for inclusive education access.

International Human Rights Law and Islamic Law Related To The Protection Of Migrant Workers In Indonesia In The Perspective Of Mashood A. Baderin

Sat, 13 Dec 2025 00:00:00 +0000

One of the biggest contributors to foreign exchange in the country of Indonesia is Indonesian migrant workers, but often Indonesian migrant workers receive inhumane treatment. Therefore, this research aims to protect migrant workers related to human rights and Islamic law, more specifically the views of Mashood A. Baderin. There are two important questions in this research: first, how is the concept of international human rights law and Islamic law from the perspective of Mashood A. Baderin? Second, how is the idea of international human rights law and Islamic law, according to Mashood A. Baderin, and its relevance in protecting Indonesian migrant workers? This research uses normative and qualitative methods based on a literature study or library research. In contrast, the analysis method uses the content analysis method to explain the concept of international human rights law and Islamic law from the perspective of Mashood A. Baderin and its relevance in protecting Indonesian migrant workers. The results of this study are to first know the concept of international human rights law and Islamic law from the perspective of Mashood A. Baderin and to know the idea of international human rights law and Islamic law according to Mashood A. Baderin and its relevance in the protection of Indonesian migrant workers.

Perbandingan Pelindungan Hukum Nasional dan Hukum Internasional dalam Melindungi Pekerja Migran Indonesia

Dhika Tabrozi, Prista Kelana Saeful Rohman — Mon, 03 Nov 2025 00:00:00 +0000

The focus of this research examines the comparion of the protection of national law and international law in protecting Indonesian Migrant Workers. In national law, contained in Law Number 18 Year 2017, the state provides protection for migrant workers consisting of legal protection, social protection, and economic protection. Meanwhile, international legal protection is contained in the ILO (International Labor Organization) convention which emphasizes justice for workers. The Indonesian government has ratified 19 ILO conventions, consisting of 8 basic conventions, 2 gouvernance and 9 general or technical conventions. The research method used is normative research through legal interpretation from juridicial-normative and conceptual aspects. The approach method is carried out by comparing national law and international law as a research analysis. The research data sources used primary data and secondary data. Primary data used is the 1945 Constitution, Law No. 18/2017 on PMI, and ILO (International Labor Organization) Conventions. Data analysis techniques through legal interpretation of primary and secondary used. The results found that nastional and international laws have a correlation in protecting the rights of PMI normatively and empirically in guaranteeing the human rights of PMI. However, weak law enforcement and government supervision on the implementation of PMI indicate serious challenges in preventing the emergence of illegal Indonesian Migrant Worker Placement Company.

Kesalahan Penggunaan Pasal 112 Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Terhadap Penyalahguna Narkotika (Studi Putusan PN Nomor: 93/Pid.Sus/2018/PN.Rap Jo. Putusan PT Nomor: 413/Pid.Sus/2018/PT.MDN Jo. Putusan Kasasi Nomor: 2410 K/Pid.Sus/2018)

Febbyola Sintya Dewi, Syarif Nurhidayat — Fri, 19 Dec 2025 00:00:00 +0000

Abstract

In practice, it is a well-established fact that law enforcement officers frequently make errors in distinguishing whether a criminal act constitutes narcotics abuse or narcotics trafficking. This issue is suspected to have occurred in Decision Number: 93/Pid.Sus/2018/PN.Rap Jo. 413/Pid.Sus/2018/PT.MDN Jo. 2410 K/Pid.Sus/2018. Based on this legal issue, the formulation of the problems in this research is, first, whether the Panel of Judges’ decision to convict the defendants under Article 112 Paragraph (1) of Law Number 35 of 2009 concerning Narcotics was appropriate; and second, whether the sentence imposed on the defendants was in line with the objectives of Law Number 35 of 2009 concerning Narcotics. This research is a normative juridical study using a statutory and case approach. The findings indicate that the Panel of Judges erred in applying Article 112 Paragraph (1) of Law Number 35 of 2009 concerning Narcotics in this case, as the defendants were narcotics abusers rather than narcotics traffickers. Second, the application of Article 112 Paragraph (1) of the Narcotics Law to narcotics abusers in the case a quo does not align with the principles of justice and disregards the rights of abusers to receive guaranteed rehabilitation efforts as stipulated in Article 127 Paragraph (1) of the Narcotics Law. Rehabilitation efforts are more appropriate for narcotics abusers than merely imposing imprisonment.

Arti Penting Pelindungan Hak Asasi Manusia bagi Pekerja Migran Indonesia

Suci Setyafani Cahyani Ginoga, Abdul Mustopa Jawahid — Fri, 28 Nov 2025 00:00:00 +0000

Indonesian Migrant Workers (PMI) are a group vulnerable to Human Rights violations while working abroad. This article aims to analyze the importance of human rights in protecting PMI and to review the state's obligations in fulfilling the rights of its citizens working abroad. This research uses a normative juridical method with a conceptual approach, legislation, and case studies. The research results show that the protection of PMI is not just an aspect of employment but an integral part of human rights protection. The state has the obligation to fulfill, protect, and respect every right of PMI. Although there is a legal framework through Law Number 18 of 2017, its implementation is still weak. A case study at the Immigration Detention Depot in Malaysia revealed serious human rights violations against PMI, such as torture and medical neglect. If viewed within the concept of human rights, the state is deemed to have failed in providing effective legal protection, both in prevention and recovery. Structural weaknesses were also found, such as the lack of supervision, education, and legal assistance for PMI. This research emphasizes the importance of the state's responsibility to ensure more concrete and sustainable human rights protection for migrant workers.

Pencegahan Gagal Transaksi Pembelian Dan Pembayaran Industrial Blockchain Cryptocurrency Secara P2P (Peer To Peer) Melalui Arbitrase Internasional

M.Sayyid Putra Gallan, Nandang Sutrisno — Fri, 19 Dec 2025 00:00:00 +0000

Abstract

This study discusses how digital asset transactions based on blockchain through peer-to-peer (P2P) networks often fail. This is generally due to a lack of effective conflict resolution mechanisms, delays in confirmation, and a lack of transparency in the execution of digital contracts. In such situations, conflicts that arise are often difficult to resolve through the courts due to cross-border jurisdictional factors and the complexity of the technology involved. This study explores how effective international arbitration can be as an alternative in preventing and resolving disputes arising from blockchain-based crypto transactions, particularly by leveraging arbitration clauses in digital trade contracts. This study emphasizes the role of the Singapore International Arbitration Centre (SIAC) with its 2025 Digital Assets Arbitration Rules, as well as decentralized resolution approaches such as Kleros. The methodology used in this study is a normative legal approach, supported by case studies and analysis of international legal regulations such as the 1958 New York Convention and the UNCITRAL Model Law. This research demonstrates that incorporating arbitration clauses covering jurisdiction, emergency arbitrators, and interim measures can reduce the risk of disputes and expedite the recovery process. International arbitration has proven capable of adapting to the characteristics of digital transactions, thereby potentially becoming the primary forum for dispute resolution within the digital asset-based financial ecosystem.

Menggagas Konsep Pelindungan Pekerja Rumah Tangga Migran Perempuan oleh Negara dalam Perspektif Islam

Nur Maulidia, Siti Afifah Khumairoh, Syafrida Aulianur Rarasatti — Fri, 28 Nov 2025 00:00:00 +0000

The low number of job vacancies in Indonesia is inversely proportional to the large population, so the government has made efforts to solve this problem by sending Indonesian Migrant Workers abroad, one of which is Saudi Arabia. However, over time, many complaints from migrant workers related to the violence they received while working. To overcome this, the perspective of Islamic law is used because Saudi Arabia formally applies Islamic law. This research formulates two main problems: what is the status of female migrant domestic workers in the perspective of Islamic law, and what is the concept of protection by the state according to Islamic views. The method used is normative juridical research with secondary data in the form of primary and secondary legal materials through document and literature studies. The results of the study show that, first, Islam recognizes women's right to work as long as they maintain the values of sharia and safety. Second, in Islam, the state as a trustee (al-imāmah) is obliged to protect female migrant domestic workers.

Dasar Penemuan Hukum Hakim Pengadilan Agama Yogyakarta Dalam Mengabulkan Dispensasi Izin Kawin Anak di Bawah Umur Pasca Berlakunya Undang-Undang Nomor 16 Tahun 2019 Tentang Perkawinan (Studi Tentang Legal Reasoning)

Indra Dwi Cristianto, Abdul Jamil — Fri, 19 Dec 2025 00:00:00 +0000

This study aims to analyse the basis for the Yogyakarta Religious Court Judges in making legal reasoning in granting dispensations for permission to underage marriage and find out the tendency of Yogyakarta Religious Court Judges to grant dispensations for underage marriage. The problem this research is what is the basis for the Yogyakarta Religious Court Judges in making legal reasoning in granting dispensations for underage marriage after the enctment of Law Number 16 of 2019, and why the Yogyakarta Religious Court Judges tend to grant dispensatons for marriage. This Research uses empirical legal research with an empirical and sociological approach. The data source of this research uses primary data through interviews and secondary data through library studies, document studies, and analysis qualitative. The results of this study indicate that the considerations of Yogyakarta Religious Court Judges in making legal reasoning are more likely to protecting children, but never consider how its relates to divorce data. The reason for the tendency of Yogyakarta Religious Court Judges to grant marriage dispensations is that only consider pity, only take one aspect of the maqasid sharia elements, namely the benefit of protecting children.

Penguatan Kelembagaan dan Tata Kelola Pemerintahan dalam Pelindungan Hak Asasi Manusia Pekerja Migran Indonesia di Era Globalisasi

Edi Pranoto, Eva Arief, Muawafah — Sun, 30 Nov 2025 00:00:00 +0000

Globalization has increased cross-border labor mobility, positioning Indonesian migrant workers (PMI) as key actors in the international economy. Although Indonesia has established progressive regulations through Law No. 18 of 2017 and Law No. 6 of 2023, the protection of PMI’s human rights still faces challenges, such as weak coordination between central and regional authorities, suboptimal integration of national data systems, and limited diplomatic capacity in addressing rights violations in destination countries. This study aims to analyze institutional strengthening and governmental governance reforms to enhance the protection of PMI’s human rights. The research questions are: (1) how institutional strengthening can improve the protection of Indonesian migrant workers’ human rights, and (2) how governance reforms can address challenges in protecting the human rights of Indonesian migrant workers. The study employs a normative juridical method with a descriptive-analytical approach. Data were sourced from national legal documents, reports from KP2MI, the Ministry of Foreign Affairs, and the National Human Rights Commission, as well as literature reviews and cases of PMI human rights violations from 2018–2025. The results indicate that institutional strengthening requires restructuring inter-agency authorities, integrating national data systems, and implementing progressive human rights diplomacy with destination countries. Governance reforms must include inter-agency coordination, human rights-based public services, and enhanced capacities of regional governments and complaint-handling institutions. This holistic approach is essential to ensure the effective protection of PMI’s rights, adaptiveness to global dynamics, and compliance with both national and international standards.

Wanprestasi dan Ganti Rugi dalam Transaksi Jual Beli Tiket Konser Coldplay Oleh Penjual Jasa Titip

Yurida Nariswari, Eko Rial Nugroho — Mon, 22 Dec 2025 00:00:00 +0000

This study aims to examine and analyze the form of default carried out by ticket purchasing services and the compensation given for the default that has been. This study uses a normative legal research type, the data sources used in this study are secondary data and collect data using Literature Study and Document Study, data is analyzed using qualitative descriptive data analysis methods. The results of the study obtained are that the actions of the Coldplay concert ticket purchasing service are defaults and are included in the form of defaults not performing any performance at all. Buyers who have clearly suffered losses have the right to receive compensation, in this case the compensation given by the concert ticket purchasing service is in the form of fulfillment of performance accompanied by the provision of compensation.

Perlindungan Hukum Anak Selaku Korban Perkosaan Sebagai Pelaku Aborsi

Yunika Rosa Rehan Ashari, Fuadi Isnawan — Fri, 19 Dec 2025 00:00:00 +0000

This study discusses the form of responsibility and legal protection of children as perpetrators of criminal acts of abortion as well as the victim of rape. The author uses normative methods with legislation approach, case approach, and conceptual approach. The results of the study showed the form of criminal liability for child rape victims as perpetrators of abortion based on Muara Bulian District Court decision Number 5/Pid.Sus.Children/2018 / PN Mbn explained Article 77 a paragraph (1) Jo article 45A of Law No. 35 of 2014 concerning amendments to Law No. 23 of 2002 concerning the protection of children Jo. Article 55 paragraph (1) to-1 of the Criminal Code. Legal protection that can be provided for children include rehabilitation for psychological trauma victims and the release of victims from all criminal charges in the Jambi High Court decision with Case Number 6/Pid.Sus-Anak/2018 / PT JMB, listed in Article 59 Paragraphs (1) and (2), 59A and Article 64 letter G of Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning child protection. However, on this matter there is no legislation that definitively gives permission for children who are victims of rape or sexual violence to have abortions, because there are still children who must carry out accountability for actions outside of their will as victims.

Pendataan Penyandang Disabilitas Sebagai Dasar Kebijakan di Kabupaten Sleman Daerah Istimewa Yogyakarta

Nabilla Setya Martha, M. Syafi’ie — Mon, 22 Dec 2025 00:00:00 +0000

Abstract

This legal research aims to examine how data collection on persons with disabilities is conducted and how the results are utilized as a basis for policymaking in Sleman Regency. The main focus of the study is on the implementation of the data collection process and its use in policy formulation. The method used is juridical-empirical legal research with policy and sociological approaches. The data consist of primary sources obtained through direct interviews and secondary sources from literature studies, which are analyzed qualitatively. The research subjects include the Sleman Regency Social Service, the Regional Development Planning Agency of Sleman, the Central Bureau of Statistics of Sleman Regency and the Special Region of Yogyakarta, as well as the Association of Persons with Disabilities in Sleman. The results indicate that the implementation of data collection is still not optimal and has not been fully utilized as a policy foundation, as there are still many barriers faced by persons with disabilities in Sleman Regency.

Relevansi Instrumen Hak Asasi Manusia Internasional Terhadap Pelindungan Hukum Pekerja Migran Perempuan Indonesia Di Negara Tujuan

Muhammad Abas, Wike Nopianti — Thu, 11 Dec 2025 00:00:00 +0000

BNP2TKI data shows that since the 1990s, Indonesian migrant workers have been predominantly women, comprising 69–75% annually. This study applies a normative juridical method with a gender-sensitive legal analysis approach to examine international legal norms and their responses to the vulnerabilities of women migrant workers. The findings reveal that states’ positive obligations have instead created loopholes to evade responsibility through legal techniques and jurisdictional complexities. Diplomatic protection, which should safeguard citizens abroad, has shifted into a bargaining tool in bilateral relations that prioritize economic-political interests over human rights. ASEAN cooperation likewise emphasizes economic integration rather than human rights protection, as reflected in the ASEAN Consensus, which is declarative rather than binding. Both national and regional implementation demonstrate a significant gap between normative commitments and practical realities, driven by states’ structural resistance, economic-political conflicts of interest, and paternalistic-formalistic approaches that fail to address systemic vulnerabilities rooted in gender and migrant status. This crisis of legitimacy within international human rights instruments reflects a structural failure of protection systems that rely too heavily on the state as the primary actor, even though states are often perpetrators or enablers of exploitation.

Dualisme Putusan Peradilan Tentang Batas Minimum Usia Calon Kepala Daerah pada Pilkada 2024

Muhammad Fajar Rizki — Mon, 22 Dec 2025 00:00:00 +0000

Abstract

This study aims to analyze the regulation of the minimum age limit for regional head candidates after the dualism of judicial decisions regarding the minimum age limit for regional head candidates (open legal policy) between the Constitutional Court and the Supreme Court. The problems studied consist of: First, the construction of the two judicial decisions regarding the minimum age limit for regional head candidates. Second, the problems caused by the dualism of judicial decisions on the norms that are open legal policy. Third, future arrangements regarding the age of regional head candidates. This research uses normative legal research methods, so this research uses a statutory approach and a case approach. The results of this study show that between the two judicial decisions there are different methods of interpretation and configuration, as well as in the application of methods of interpretation that are closely related to the authority of the legislature (open legal policy). In addition, the dualism of these judicial decisions raises a variety of issues, ranging from regulatory issues, interpretation issues, to legal certainty issues. The results of further research show that the dualism of decisions cannot be avoided due to the dualism of judicial review authority by these two judicial institutions which has the potential to cause various kinds of problems including not providing guarantees of legal certainty, conflicting judicial decisions, to cause permits to be issued.

Quo Vadis Perlindungan Hukum Pekerja Digital Lintas Batas Negara Sebagai Pekerja Migran

Nindry Sulistya Widiastiani — Mon, 03 Nov 2025 00:00:00 +0000

This article analyses the legal status and protection of cross-border digital workers as migrant workers. Technological developments allow someone to work across borders without moving to another country. This phenomenon has led to a new trend, namely digital cross-border work. The legal status and legal protection within the framework of labour law also need to be studied. The research method used is normative legal research, using a statutory and conceptual approach. The analysis results show that there is no formal recognition or clear legal status of cross-border digital workers as migrant workers within the framework of employment law. This is based on a narrow interpretation that the indicator of the migrant worker category is doing work outside the territory of their country or carrying out physical migration. For this reason, building an inclusive and equitable work protection system for cross-border digital workers is necessary.

Urgensi Penambahan labour attache sebagai upaya pemenuhan Kewajiban Negara atas Perlindungan Hak-Hak Hukum Pekerja Migran Indonesia di Luar Negeri

Fri, 19 Dec 2025 00:00:00 +0000

Indonesian Migrant Workers (PMI) constitute a vital component of the national economy through substantial remittance contributions, while simultaneously representing the nation on the international stage. However, the legal protection of PMI remains a critical challenge, particularly regarding the role of Labour Attachés (Atnaker) as key actors in labor diplomacy. This study examines the role and challenges faced by Atnaker in safeguarding PMI abroad using a normative legal approach and comparative analysis with migrant worker protection systems in the Philippines and Vietnam. The findings reveal that limited personnel, excessive administrative workload, and weak inter-institutional coordination significantly hinder the effectiveness of Atnaker in fulfilling their protective mandate. Furthermore, deficiencies in legal and diplomatic frameworks exacerbate the vulnerability of PMI to exploitation and rights violations. The study underscores the urgent need for institutional strengthening, including increasing the number of Atnaker, expanding their legal authority, and strengthening their diplomatic capacity as strategic measures to ensure an effective state presence in protecting its citizens abroad.

Evaluasi Penegakan Hukum Pelindungan Pekerja Migran Indonesia Berbasis Legal Consciousness Theory Pasca : Undang-Undang Nomor 18 Tahun 2017 tentang Pelindungan Pekerja Migran Indonesia

Hilyatul Asfia — Mon, 03 Nov 2025 00:00:00 +0000

This study aims to evaluate law enforcement related to the protection of Indonesian Migrant Workers (PMI) after the enactment of Law No. 18 of 2017 using the Legal Consciousness Theory approach. The main problem formulation raised is how the implementation of the law is in practice and what obstacles arise in the implementation of the legal protection. The research method used is a qualitative method with a juridical-sociological approach, through the collection of primary data (interviews with relevant stakeholders) and secondary data (document and literature studies). The results of the study indicate that although normatively Law No. 18 of 2017 has provided a better protection framework, in practice there are still various obstacles, such as low levels of legal awareness of PMI, weak government supervision, and overlapping regulations. The legal awareness of PMI tends to be at the level before the law or with the law, which means they still see the law as something that is far away and not always accessible. Therefore, efforts are needed to strengthen legal capacity, increase socialization, and more effective supervision to ensure that legal protection for PMI can be implemented optimally.

Perlindungan Hukum terhadap Konsumen Smartphone Bermerek Iphone dalam Pemblokiran International Mobile Equipment Identity (Imei) di Yogyakarta

Andi Rizqya Fitriany Sinrang, Eko Rial Nugroho — Fri, 19 Dec 2025 00:00:00 +0000

Abstract

This research aims to analyze the form of legal protection for consumers in the event of blocking the IMEI on the Iphone and analyze the liability of consumers in blocking the IMEI on the Iphone. The type of research used in this research is normative juridical research with a statutory approach and a case approach. The research data source uses secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research data collection technique in this research uses literature study and document study and the research data analysis method uses descriptive qualitative. The result of this research is the form of legal protection for consumers in the event of blocking of IMEI on i-phone is a form of preventive legal protection and repressive legal protection. Preventive legal protection to consumers is carried out by fulfilling consumer rights and fulfilling the obligations of business actors as regulated in Article 5, Article 7 and Article 8 paragraph (1) of the Consumer Protection Law, and Article 3 paragraph (1) Permenkominfo 1/2020. Forms of repressive legal protection through dispute resolution efforts with non-litigation legal steps and litigation legal steps. The liability of business actors to consumers on smartphones with unregistered IMEI is that the business actor (seller), namely the “Tepat Store” Store, provides compensation for damage and / or loss to consumers as a result of using the goods being traded in the form of a refund in the amount of the selling price of the goods purchased by the buyer (consumer), which is Rp. 6,729,000, 00 (six million seven hundred twenty-nine thousand rupiah). The buyer (consumer) is asked to return or surrender the smartphone that has been purchased to the seller with a reset condition.

Kepatuhan Hukum PMI dan P3MI Studi Kasus Penempatan Ilegal Pekerja Migran dari Lombok ke Malaysia

Anisa Seftiani Mahmud, Arnold Daud, Nova Septiani Tomayahu — Fri, 19 Dec 2025 00:00:00 +0000

This study aims to analyze the legal compliance of Indonesian Migrant Workers (PMI) and Indonesian Migrant Worker Placement Companies (P3MI) in cases of illegal placement from Lombok to Malaysia. The approach used is juridical-normative by examining relevant laws and regulations and secondary data from actual cases. The results of the study indicate that the level of legal compliance of PMI and P3MI is weak because there have been violations of legal procedures both by PMI who depart without official documents and P3MI who are indicated to be working with brokers or unofficial agents to expedite departure without procedures. Due to the weak level of legal compliance of PMI and P3MI, BP2MI assesses this as a violation in the form of illegal placement which causes the Malaysian government to carry out mass deportation of migrant workers. This study concludes that efforts to improve legal compliance require strengthening regulations, increasing legal literacy for prospective PMI, and strict supervision of P3MI performance in the process of placing workers abroad.

Kebijakan Formulatif Sanksi Pidana Delik Korupsi Kerugian Keuangan Negara dalam KUHP Nasional Berbasis Tujuan Pemidanaan Deterrence

Habil Alghifari, Ayu Izza Elvany — Fri, 19 Dec 2025 00:00:00 +0000

Abstract

This study discusses the urgency and application of the theory of the purpose of deterrence punishment in the formulative policy of criminal sanctions against corruption crimes of state financial losses which specifically refer to the criminal provisions in Statute Number 1 of 2023 concerning the Criminal Code (National Criminal Code) which is the lex posterior of Statute Number 31 of 1999 concerning the Eradication of Corruption. This study uses a normative legal research method, so this study uses a philosophical, conceptual and legislative approach method. The results of this study indicate that the construction of criminal sanctions for corruption crimes of state financial losses in the National Criminal Code does not reflect the purpose of deterrence punishment which can be seen from the lightness of the criminal sanctions applied in corruption crimes of state financial losses. The results of the next study are to form an ideal concept related to the formulated policy of criminal sanctions for corruption crimes of state financial losses in the National Criminal Code using the economic analysis of law approach.

Rekonstruksi Tata Kelola Pelindungan Pekerja Migran Melalui Reposisi BP2MI

Siti Zahra, Sizil Azzahra Sa’dillah, Festy Nur Fajruroh — Fri, 28 Nov 2025 00:00:00 +0000

The increasing number of Indonesian Migrant Workers demands stronger legal protection for their rights, which in turn requires an institutional framework that is both effective and adaptive. However, the discourse surrounding the dissolution of BP2MI—the technical body responsible for PMI protection—raises concerns regarding the effectiveness of the current institutional governance. This study aims to analyze the dynamics of institutional arrangements in the protection of migrant workers in Indonesia and to formulate an ideal reconstruction of institutional governance for their protection. The research employs a normative-juridical method with a conceptual and statutory approach. Data were collected through literature studies involving relevant regulations, journals, and academic sources. The findings indicate that removing the BP2MI nomenclature could significantly reduce the institutional responsiveness to the needs of migrant workers. Therefore, this study recommends the repositioning of BP2MI as an independent and specialized technical body under the Ministry of PMI Affairs to ensure a more effective, accountable, and sustainable protection system for Indonesian migrant workers.

Reformulasi Pengaturan Prapenuntutan dalam Rancangan Kitab Undang-Undang Hukum Acara Pidana (RKUHAP) untuk Menjamin Keadilan dan Kepastian Hukum pada Proses Peradilan Pidana

Raihan Aridewa, Wahyu Priyanka Nata Permana — Mon, 22 Dec 2025 00:00:00 +0000

The criminal justice system in Indonesia aims to uphold fair law and provide legal certainty. The pre-prosecution stage, which serves as a bridge between investigation and prosecution, plays a crucial role. However, its regulation in the Indonesian Criminal Procedure Code (KUHAP) is considered weak, with issues such as lack of investigator oversight, unclear evidence standards, and lengthy processes, potentially leading to legal uncertainty and human rights violations. The Draft Criminal Procedure Code (RKUHAP) proposes pre-prosecution reforms by strengthening the prosecutor's role as dominus litis, implementing strict time limits, and enhancing accountability. This study analyzes the problems in the implementation of pre-prosecution under the KUHAP and how the RKUHAP can ensure justice and legal certainty. The research uses a normative legal method with a legislative approach, utilizing legal sources such as laws, the RKUHAP draft, government regulations, as well as journals, literature, and relevant research findings related to the topic. The results indicate that the RKUHAP serves as a solution by proposing structural reforms, such as eliminating the term "pre-prosecution" while retaining its function through strengthened coordination from the investigation stage, implementing an integrated digital system, and establishing strict time limits. Additionally, the RKUHAP introduces the dominus litis principle to enhance prosecutor accountability and the establishment of a Preliminary Examination Judge – (HPP) to supervise coercive measures and ensure human rights protection.

Urgensi Penguatan Kementerian Pelindungan Pekerja Migran Indonesia: Perbaikan Tata Kelola Lintas Sektoral Pelindungan Pekerja Migran Indonesia

Muhammad Zainuddin Akbar, Ivania Jaziel Christiani, Anang Setiyawan — Sun, 30 Nov 2025 00:00:00 +0000

One of the major obstacles in the implementation of the Protection and Placement of Indonesian Migrant Workers (P2MI) lies in the suboptimal execution of cross-sectoral coordination. This is evidenced by the overlapping authorities between BP2MI, as the implementing agency, and the Ministry of Manpower (Kemnaker), as well as misinformation and data inconsistencies concerning migrant workers across ministries, institutions, and related agencies. This study aims to examine the various challenges in the cross-sectoral implementation of P2MI tasks. Using a normative legal research method and a statutory approach, this study identifies several key issues: (1) overlapping authority between the Ministry of Manpower and KP2MI/BP2MI, and (2) limited coordination among implementing ministries/agencies, particularly concerning the integration of migrant worker information systems. The study recommends that the government expedite the establishment of KP2MI and formally designate it as the central coordinator for P2MI tasks through a revision of the P2MI Law. Such a revision should be accompanied by the restructuring of the cross-sectoral implementation system and the harmonization of related implementing regulations

Pengawasan Lembaga Ombudsman DIY terhadap Sektor Pendidikan Tahun 2023-2024

Sawa Assabila, Nurmalita Ayuningtyas Harahap — Mon, 22 Dec 2025 00:00:00 +0000

This research study discusses the role, obstacles, and solutions of Lembaga Ombudsman DIY (LO DIY) in overseeing the education sector in 2023-2024. The research typology used is normative-empirical legal typology. The data analysis used is qualitative data analysis. The results of the study are first, LO DIY followed up on reports of alleged maladministration in sector education and exercises authority on its own initiative, in 2023-2024 several forms of maladministration in the education sector were found. However, there is a downward trend due to constant warnings by LO DIY itself and cooperation with Dinas Pendidikan Pemuda dan Olahraga DIY in PPDB policy and supervision. Second, the obstacles faced by LO DIY include preference for direct complaints, budget limitations due to refocusing, lack of understanding of the applicable legal regulations, and recommendations that are less legally binding.

Implementasi UU Pelindungan Pekerja Migran Indonesia terhadap Pelanggaran Penempatan ABK WNI di Sektor Perikanan yang Dilakukan oleh Orang Perorangan (Studi Kasus Putusan Nomor 929/Pid.Sus/2020/PN.Btm)

Alvin Daun, Muhammad Pasya Rulli — Tue, 09 Dec 2025 00:00:00 +0000

This article analyzes violations of the placement of Indonesian ship crew (ABK WNI) in the fisheries sector committed by individuals as regulated in Article 69 of Law 18/2017 in Court Decision Number 929/Pid.Sus/2020/PN.Btm. The legal questions are: 1) How is the implementation of the Law on the Protection of Indonesian Migrant Workers on violations of the placement of fisheries crew members committed by individuals in Decision Number 929/Pid.Sus/2020/PN.Btm?; and 2) What are the procedures for the placement and protection of Indonesian Migrant Workers based on Indonesian laws and regulations? This article is a normative juridical type with a statutory approach and a case approach. The results of this study indicate that 1) The violation of placement of Indonesian crew members committed by PT MJM Abdi Baruna is a type of placement violation committed by individuals despite the status of a limited liability company because it does not have SIP3MI, SIP2MI, and SIUPPAK; and 2) Procedures for the placement and protection of Indonesian ship members in the fisheries sector carried out by crew agency business entities in details had been regulated in PP No. 22 of 2022, P2MI / BP2MI Permen No. 1 of 2025, and Minister of Transportation Regulation No. 59 of 2021.

Pengaruh Penerapan E-litigation Terhadap Proses Cerai Gugat Pada Pengadilan Agama Merauke

Khaerul Firman Mustari, Rizky Ramadhan Baried — Mon, 22 Dec 2025 00:00:00 +0000

ABSTRACT

In this technological era, the Supreme Court of the Republic of Indonesia has implemented a form of digital service to create a simple, fast, and low-cost judicial system, namely e-court and e-litigation. It being implemented in court below supreme court entirely, one of them is Islamic court. The formulation of the problem in this study are: How does the application of e-litigation affect the divorce process at the Merauke Islamic Court? How are the efforts of the Merauke Islamic Court in encouraging justice seekers (plaintiffs/applicants) to proceed with e-litigation? The research method used is empirical legal research with a statutory approach and a sociological juridical approach. The results in this study are the effect of the application of e-litigation on the divorce process at the Merauke Islamic Court so far has not been running effectively, due to inadequate human resources and the lack of technological knowledge. The efforts of the Merauke Islamic Court in encouraging justice seekers (plaintiffs/applicants) to proceed with E-litigation are to carry out the socialization through the Merauke Islamic Court website, distributing brochures to the public, socializing in districts that are the jurisdiction of the Merauke Islamic Court.

Kegagalan Sistem Pemidanaan dalam Memberi Efek Jera bagi Pelaku Eksploitasi Pekerja Migran

Jody Imam Rafsanjani, Zaihan Harmaen Anggayudha — Mon, 03 Nov 2025 00:00:00 +0000

The exploitation of Indonesian migrant workers (PMI) continues despite the enforcement of national regulations such as Law No. 21 of 2007 on the Eradication of Human Trafficking and Law No. 18 of 2017 on the Protection of Migrant Workers. The research question addressed is: why does the Indonesian penal system fail to deter the exploitation of migrant workers? This study employs a normative legal method, using statutory and case study approaches, particularly analyzing court decisions and human rights institution reports. The findings reveal that the ineffectiveness of criminal sanctions, weak implementation of restitution, and a dominant administrative approach in resolving exploitation cases are the main causes of the failure to achieve the objectives of punishment. Therefore, a reformulation of the penal approach is necessary, including harsher sentencing, an expansion of corporate criminal liability, and the integration of restorative justice principles to ensure real protection for migrant workers.

Urgensi Transformasi Kurikulum Berbasis Artificial Intelligence Bagi Siswa Di Daerah Kantong Pekerja Migran Indonesia Menuju Zero Skill Mismatch

Fithriatus Shalihah, Haura Salsabiela El Sabrina Nazar, Lubna Aqiela Nazar — Sat, 13 Dec 2025 00:00:00 +0000

Gaps in the protection of Indonesian migrant workers (PMI) in the pre-placement period. The fact that prospective migrant workers are increasing every year but are not supported by adequate and appropriate skills (Skill-Mismatch). The author has identified 6 factors that cause the ineffective protection of migrant workers that are not prepared to be strengthened during the pre-placement period, including: 1) Problem mindset 2) Discussion and communication obstacles 3) Mentality 4) Lack of understanding of labor law 5) Lack of cultural information about the country of placement and 6) Lack of financial and entrepreneurial literacy. The urgency of strengthening skills for CPMI students as ordered by the PMI Protection Law Number 18 of 2017 is important considering that the implementation of job training by the government through digital services or through government partners is currently not effective. Therefore, curriculum policy innovation is needed for CPMI students so that the above problems can be overcome as early as possible through learning according to skill needs so that CPMI students can receive longer, continuous and programmatic debriefing. This paper examines the gap in the protection of CPMI students during the pre-placement period and contributes thoughts related to the transformation of the AI- based curriculum towards zero skill-mismatch. This research method uses a type of normative law using a legislative approach and theories or expert opinions that are conceptual in nature that are integrated-interconnected. This paper explains that AI- based curriculum transformation requires multistakeholder collaboration. With an adaptive and predictive approach, AI can be a means of supporting skill strengthening for CPMI, in this case CPMI students in PMI enclaves in Indonesia

Analisis Penataan Kelembagaan KP2MI dan BP2MI Ditinjau dari Asas Hukum Administrasi Negara dan Prinsip Tata Kelola Pemerintahan yang Baik

Hamler, Duwi Handoko — Mon, 03 Nov 2025 00:00:00 +0000

Indonesian Migrant Workers (PMI) make a significant contribution to the national economy but continue to face serious challenges in terms of legal and institutional protection. The institutional transformation from BNP2TKI to BP2MI, followed by the establishment of the Ministry for the Protection of Indonesian Migrant Workers (KP2MI) through Presidential Regulation (Perpres) No. 165 of 2024, and the simultaneous reissuance of Perpres No. 166 of 2024 reinstating BP2MI, has raised concerns about overlapping functions and legal uncertainty. This study uses a normative juridical approach to analyze the institutional design compatibility of KP2MI and BP2MI with the principles of administrative law and good governance. The findings indicate a duplication of functions that contradicts the principles of legality, bureaucratic efficiency, and public accountability. Overlapping authority undermines law enforcement and weakens the overall protection of migrant workers. This study recommends a comprehensive institutional restructuring, either through the revocation of Perpres 166/2024 or amendments to both regulations with a clear delineation of functions, and the implementation of transparency, accountability, and cross-sector coordination to establish more efficient and human rights-responsive governance in the protection of Indonesian migrant workers.

Tinjauan Kriminologi dan Penegakan Hukum Tindak Pidana Pencabulan Anak di Kota Pati (Studi Kasus di Unit PPA Polresta Pati)

Fara Megayuniar, Ari Wibowo — Fri, 19 Dec 2025 00:00:00 +0000

Abstract

Child molestation cases in Pati City were recorded at a total of seven incidents between 2021 and 2023. Most of the perpetrators admitted that the victim was their underage girlfriend. This phenomenon indicates a shift in societal values that tend to tolerate romantic relationship with minors, thereby increasing the risk of sexual violence against children. The focus in this research focus on the factors that contribute to the occurrence of criminal act of child molestation and the struggle of the law enforcement. The research method used is a sociological approach with the type of empiric research. The results of this research show, first, that the factors causing the criminal act of child molestation in Pati City include individual, environmental, and family factors. Second, the enforcement of the law against child molestation is carried out by Polresta Pati through preemptive, preventive, and repressive measures. The struggle encountered by Polresta Pati in law enforcement include uncommunicative victims, the reported suspect who denies the accusation, delayed reporting resulting in the absence of medical evidence, and the lack of witnesses and evidence due to the incident occurring in a private setting.

Analisis Hukum Jaminan Sosial Ketenagakerjaan Bagi Pekerja Migran Indonesia: Komparasi Indonesia dan Belanda

Rangga Yudha Leonspatra, Rafli Ilham Bimantoro, Ahmad Harland Fadhilah — Fri, 28 Nov 2025 00:00:00 +0000

Social Security for Employment is a form of protection for workers, including those employed domestically and Indonesian migrant workers. The Social Security for Employment program for Indonesian migrant workers covers Work Accident Insurance, Death Insurance, and Old Age Insurance. On the other hand, the Netherlands is one of the countries with the most comprehensive social security systems in Europe. Therefore, this study was written to analyze the regulations governing Social Security for Indonesian Migrant Workers within the national framework and to compare these regulations with those in the Netherlands. This research is a legal-normative study using a statutory approach, a conceptual approach, and a comparative approach. The results of this study indicate that the social security program for Indonesian migrant workers is deemed inadequate by the government in ensuring a decent standard of living for Indonesian migrant workers, as it lacks pension benefits and unemployment insurance. Meanwhile, when compared with the social security system in the Netherlands, Indonesia should consider adopting it, as it is perceived to provide greater protection for migrant workers.

Penghentian Penuntutan Tindak Pidana Penyalahgunaan Narkotika Berdasarkan Keadilan Restoratif Di Kejaksaan Tinggi Jawa Tengah

Ayu Izza Elvany, Reswara Padma Sasikirana — Fri, 19 Dec 2025 00:00:00 +0000

Abstract

The development of law enforcement in Indonesia has long recognized the concept of restorative justice. The Attorney General's Guideline Number 18 of 2021 concerning the Resolution of Narcotics Abuse Criminal Cases Through Rehabilitation with a Restorative Justice Approach as the Implementation of the Principle of Dominus Litis by the Prosecutor serves as the legal basis for Public Prosecutors in handling narcotics abuse cases based on restorative justice. This study aims to examine the implementation of the Termination of Prosecution for Narcotics Abuse Crimes Based on Restorative Justice at the Central Java High Prosecutor's Office. The research method used is empirical legal research, employing a sociological approach. Data were collected through interviews, literature review, and document analysis. The results indicate that first, the considerations of the Central Java High Prosecutor's Office in approving proposals from District Prosecutor Offices regarding the termination of prosecution for narcotics abuse crimes based on restorative justice comply with the Attorney General's Guideline Number 18 of 2021 concerning the Resolution of Narcotics Abuse Criminal Cases Through Rehabilitation with a Restorative Justice Approach as the Implementation of the Principle of Dominus Litis by the Prosecutor. Second, although the implementation of the cessation of prosecution for drug abuse offenses has been carried out in accordance with the provisions of the Attorney General's Guidelines Number 18 of 2021, there are obstacles in its implementation related to the financing of rehabilitation for drug abuse, which is required to be funded by the State.

Pendekatan HAM dalam Reformasi Pelindungan Pekerja Migran Indonesia

Syarafina Fildzah, Silssy Wahyu Indraswari, Anang Dony Irawan — Fri, 28 Nov 2025 00:00:00 +0000

This study discusses the relevance of human rights in the protection system for Indonesian migrant workers. It addresses two main issues the implementation of human rights principles in regulations concerning the protection of Indonesian migrant workers, and bilateral agreements between Indonesia and destination countries in safeguarding the rights of migrant workers. The research employs a normative legal method with a statutory approach and analysis of international human rights instruments as well as national regulations. The findings reveal that although Indonesia has ratified various human rights instruments, their implementation remains weak, particularly in terms of legal protection and access to justice. Therefore, it is necessary to strengthen regulations and establish human rights-based monitoring mechanisms to ensure the effective and sustainable protection of Indonesian migrant workers’ rights.

Formulasi Pengaturan ‘Pengakuan Bersalah’ Dalam Rancangan Kitab Undang-Undang Hukum Acara Pidana (Studi Perbandingan Konsep Plea Bargaining Di Amerika Serikat Dan Inggris)

Mayo Ramza Pratama, Ayu Izza Elvany — Fri, 19 Dec 2025 00:00:00 +0000

This research aims to compare the special track regulations in the Indonesian Draft Criminal Procedure Code (RKUHAP) with the concept of Plea Bargaining in the United States and Plea Negotiations in the United Kingdom. Additionally, this study also aims to identify the ideal concepts of Plea Bargaining and Plea Negotiations to be applied to the special way system in Indonesia. The research method used is normative juridical with statutory, comparative, and conceptual approaches. The results show that although there are significant differences in implementation, application requirements, procedures, the authority of law enforcement officials, defendant's rights, and the outcomes of agreements among the three systems, there is a common goal of achieving efficiency in the judicial process and reducing the judicial burden. The special track concept in the RKUHAP, inspired by practices in the United States and the United Kingdom, is expected to expedite the resolution of criminal cases for defendants who admit their guilt. However, its regulation in the RKUHAP is considered to have shortcomings and lacks detail, particularly regarding the mechanism of confession, case referral, forms of agreement, the role of law enforcement officials, criminal sanctions, and procedures for retracting confessions. This study recommends that the Government and the House of Representatives conduct an in-depth review of the implementation of plea bargaining mechanisms and their supporting regulatory infrastructure, taking into account the experiences of the United States and the United Kingdom, as well as the principles of justice, transparency, and strict oversight.

Transformasi Dan Inovasi Pelindungan Hukum Pekerja Migran Indonesia Di Sektor Informal

Henry Anderson Parapat, David Banjarnahor — Sun, 30 Nov 2025 00:00:00 +0000

This study examines the effectiveness of the implementation of Law No. 18 of 2017 in providing legal protection for Indonesian migrant workers in the informal sector, focusing on the pre-placement, placement, and post-placement stages. It also identifies the main obstacles and proposes strategic measures to address them. Employing a normative juridical method with statutory and conceptual approaches, the study analyzes relevant legislation, legal doctrines, and practical applications concerning migrant worker protection. The findings indicate that althought the regulatory framework is normaitvely comprehensive, its implementation remains hampered by weak institutional coordination, limited legal literacy, social stigma, and non-procedural recruitment practices. To address these challenges, the study recommends strengthening cross sectoral collaboration, accelerating the harmonization of implementing regulations, enhancing human resource capacity, and promoting inclusive legal education and services. Throught these integrated strategies, the legal protection for Indonesian migrant workers in the informal sector is expected to become more effective, responsive, and sustainable.

Modus Operandi dan Perlindungan Hukum Anak Korban Eksploitasi Ekonomi oleh Orang Tua Berdasarkan Putusan Pengadilan Ditinjau dari Tujuan Pemidanaan

Tiara Medha Maharani, Wahyu Priyanka Nata Permana — Mon, 22 Dec 2025 00:00:00 +0000

Economic exploitation by parents towards their children is increasing. Parents who have an obligation to protect their children actually make children victims for their own benefit. This study discusses the modus operandi and legal protection of children who are victims of economic exploitation by parents based on court decisions. This study will examine the Decision of the Semarang District Court No. 8/Pid.Sus/2014/PN.Smg and the Decision of the Kuala Kapuas District Court No. 235/Pid.Sus/PN.Klk. The legal research method used is normative with a statutory approach, a conceptual approach, and a case approach. The results of the study, first, the modus operandi in the Decision of the Semarang District Court No. 8/Pid.Sus/2014/PN.Smg parents exploit and manipulate their children to get shares while in the Decision of the Kuala Kapuas District Court No. 235/Pid.Sus/PN.Klk. parents make children as Commercial Sex Workers (CSW). Second, legal protection is reviewed from the purpose of punishment based on court decisions against children as victims that the Decision at the Semarang District Court No. 8/Pid.Sus/2014/PN.Smg is related to the Theory of Relative Punishment Purposes while the Decision at the Kuala Kapuas District Court No. 235/Pid.Sus/PN.Klk is related to the Theory of Combined Punishment Purposes.

Urgensi Pengaturan Victim Impact Statement Dalam Perkara Tindak Pidana Kekerasan Seksual Berdasarkan Kepentingan Terbaik Bagi Korban

Novi Nadia, Ayu Izza Elvany — Fri, 19 Dec 2025 00:00:00 +0000

Victim impact statement (VIS) in cases of sexual violence that contains information about tehe physical, psychology, economic, and social impacts. VIS is an instrument for judges to consider in determining the verdict. The Indonesian government has specific regulations regarding this, however, there is a need for the implementation of VIS for justice, certainty, and protection for victims as well as to reduce the focus on perpetrators in the justice system. This type of research is normative legal research that analyzes using existing legislative documents or regulations and focuses on positive law, utilizing conceptual approaches, legislative approaches, and comparative approaches. The explicit arrangement of Victim Impact Statements (VIS) for the legal protection of victims of sexual violence and assisting judges in understanding the impact of crimes, promoting restorative justice and the fulfillment of rights reflecting the best interests of victims as outlined in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence. The importance of this arrangement is emphasized for the increasing cases, the stigma of revictimization, which is neglected in a legal system still oriented towards the perpetrators, necessitating an official regulation through a Supreme Court Circular (SEMA) so that VIS can serve as a legitimate guideline in considering legal decisions that protect victims.

Tinjauan Yuridis Penjatuhan Pidana Penjara Di Bawah Minimum Khusus dalam Perkara Narkotika (Studi Putusan Nomor 60/Pid.Sus/2022/PN. Tlk jo. Putusan Nomor 564/Pid.Sus/2022/PT. PBR jo. Putusan Nomor 476 K/Pid.Sus/2023)

Refania Rahmitha Adyo, Syarif Nurhidayat — Mon, 22 Dec 2025 00:00:00 +0000

Abstract

This study examines the imposition of imprisonment below the special minimum sentence in narcotics cases, focusing on the analysis of Decision Number 60/Pid.Sus/2022/PN Tlk jo. Decision Number 564/Pid.Sus/2022/PT.PBR jo. Decision Number 476 K/Pid.Sus/2023. The research highlights the application of Article 114 Paragraph (1) of Law Number 35 of 2009 concerning Narcotics, which stipulates a minimum prison sentence of five years. However, in this case, the Supreme Court imposed a sentence of only three years. This decision raises critical questions regarding the appropriateness of judicial reasoning in imposing a sentence below the statutory minimum and the use of Supreme Court Circular Letter (SEMA) Number 3 of 2015 as a basis for the ruling. The findings of this research conclude that Supreme Court Decision No. 476 K/Pid.Sus/2023 is legally unsound, as it imposed a sentence below the minimum threshold set by law, based on flawed considerations regarding the amount of narcotics evidence the defendant’s status as a repeat offender and the improper application of the aforementioned circular letter.

Pelindungan Pekerja Migran Perempuan di Sektor Domestik dalam Perspektif Feminist Legal Theory

Alfin Dwi Novemyanto, Rismawati Nur, Muhammad Rosyid Ridlo — Mon, 03 Nov 2025 00:00:00 +0000

Women migrant workers in the domestic sector are the most vulnerable group in the labor structure, mainly due to the lack of formal recognition in national law and weak protection of their basic rights. In Indonesia, despite their significant economic contribution, existing regulations are still partial and do not address the substance of gender-based justice. This article analyzes legal protection for women migrant workers through a feminist legal theory approach to uncover structural inequalities and patriarchal biases in the labor law system. The research employs a normative method with a conceptual and legislative approach, as well as a systematic analysis of primary and secondary data. The results of the study show that domestic workers are still not recognized as subjects of formal employment relationships, leaving them trapped in private workspaces with minimal state oversight. A feminist approach is used to evaluate this injustice and recommend transformative legal reforms, including the ratification of ILO Convention No. 189 and the harmonization of national regulations based on gender justice to provide substantial and inclusive justice for women migrant workers.

Pelindungan Bagi Pekerja Migran Indonesia dari Eksploitasi, Perbudakan, dan Diskriminasi

Maftuhatul Adna Mirawan — Thu, 11 Dec 2025 00:00:00 +0000

Migrant workers are one of the largest contributors to foreign exchange earnings for the country, but at the same time, this group is also vulnerable to human rights violations, such as exploitation, modern slavery, and systematic discrimination in the destination country. Migrant workers often face various forms of legal violations, including unfit working conditions, sexual and psychological harassment, unfair wage payments, working under intimidation, and violence. Although Indonesia has ratified various international conventions and has laws regulating the protection of migrant workers, their implementation still faces many challenges. The research method used in this study is the normative legal method. This method involves examining primary legal materials, such as Law No. 18 of 2017 on PPMI, as well as secondary legal materials in the form of literature, scientific journals, and official reports related to migrant workers. Several strategic steps that can support the protection of migrant workers include Acceleration and Improvement of Derivative Regulations, Strengthening Supervision and Law Enforcement, Enhancing the Role of Local Governments and Integrated One-Stop Services, Utilizing Information Technology for Transparency and Accessibility, Enhancing International Cooperation, Empowering and Educating Prospective Migrant Workers, and Actively Involving Civil Society and Migrant Worker Organizations.

Relevansi Hak Asasi Manusia dalam Pelindungan Pekerja Migran Indonesia

R. Mustar Lofi — Mon, 03 Nov 2025 00:00:00 +0000

This study explores the relevance of human rights in the protection of Indonesian migrant workers (PMI), a pressing issue amid the high incidence of rights violations in destination countries. In the context of globalization and increasing labor mobility, PMI are often subject to exploitation, discrimination, and both physical and psychological violence. Although Indonesia has enacted national laws, such as Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers, and ratified several international human rights instruments, the actual implementation of HR principles in policies and practices remains deficient. This study adopts a normative juridical method, using legislative and literature review approaches. The findings indicate that the current protection mechanisms fail to fully guarantee the basic rights of PMI as outlined in international human rights frameworks. Hence, there is a pressing need for synergy between strengthened national regulations, effective human rights diplomacy, and active civil society involvement in monitoring and advocating PMI rights. This study contributes to the development of HR-based policies and reinforces the urgency of Indonesia’s ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) as a strategic step toward comprehensive and just protection.

Dasar Pertimbangan Hakim dalam Penetapan Status Hukum Permohonan Subjek Transgender

Diki Setya, Bagya Agung Prabowo — Fri, 19 Dec 2025 00:00:00 +0000

This study aims to identify the judge’s legal reasoning in determining the legal status of a transgender petition and the legal implications following its rejection. The research employs a normative legal method using statutory and case study approaches. Data were obtained through document studies of Law No. 23 of 2006 on Population Administration, Court Decision No. 77/Pdt.P/2014/PN.Kln., and relevant legal literature. The analysis links case facts to the principles of justice, legal certainty, and utility. The findings show that the judge’s reasoning does not reflect the principle of justice, which should serve as a fundamental guideline. The judge also failed to consider similar previous cases, resulting in legal inconsistency. Consequently, the principles of justice, certainty, and utility are neglected. The rejection of the petition leads to obstacles in fulfilling transgender individuals’ civil rights, particularly in marriage recognition and inheritance distribution. This study recommends that judges prioritize the principles of justice, legal certainty, and utility by taking similar rulings into account.

Disparitas Perlindungan Pekerja Migran di Tingkat Daerah: Analisis Hukum Administrasi atas Regulasi di Kuningan dan Indramayu

Iman Jalaludin Rifa’i, Mima Delita Anggraeni — Mon, 03 Nov 2025 00:00:00 +0000

This study originates from a fundamental problem of regulatory disparity in the protection of Indonesian Migrant Workers (PMI) at the regional level, which creates legal uncertainty and unequal protection across local jurisdictions. The case study focuses on Indramayu and Kuningan Regencies, which demonstrate significant differences in the exercise of regional government’s attributive authority. Indramayu has implemented this authority through Regional Regulation No. 3 of 2021 on the Protection of Indonesian Migrant Workers, while Kuningan has not yet established a similar regulation. The absence of a regional regulation in Kuningan has resulted in a legal vacuum, weak administrative protection, and potential violations of the principles of legality and equality before the law. Using a normative juridical approach with a comparative analysis of local regulatory substance and the concept of attributive authority in administrative law, this study reveals that such regulatory disparity reflects an administrative failure to fulfill the constitutional obligation of local governments to protect their citizens, particularly vulnerable groups. Therefore, harmonizing regional regulations is an urgent corrective measure to ensure equal, lawful, and accountable legal protection for migrant workers across all regions.

Analisis Putusan Mahkamah Konstitusi Terkait Politik Uang Berdasarkan Putusan Mahkamah Konstitusi Nomor 59/PUU-XXII/2024

Agung Gilang Pratama , Ahmad Sadzali — Fri, 19 Dec 2025 00:00:00 +0000

Abstract

This study is entitled “An Analysis of the Constitutional Court’s Decision on money politic Based on Constitutional Court Decision Number 59/PUU-XXII/2024.” The thesis addresses the following research questions: (1) What are the challenges in the regulation of money politic in Indonesia? (2) How do the Constitutional Court judges interpret money politic in Decision 59/PUU-XXII/2024 concerning the judicial review of Article 523, Paragraphs (1) and (2) of Law Number 7 of 2017 on General Elections? In addressing these questions, this study employs a qualitative descriptive research method, involving the classification and comparison of field data with legal theory to derive significant and scholarly conclusions. The research is conducted using normative and case study approaches. The findings indicate that the primary issues related to the first research question include structural challenges, insufficient public participation, and regulatory constraints. Regarding the second research question, the Court reaffirmed its stance of refraining from intervening in criminal policy matters related to penal norms, further noting the practical reality that many cases in the field are discontinued.

Pelindungan Hukum Terhadap Pekerja Rumah Tangga Yang Bekerja Di Luar Negeri Ditinjau Dari Undang - Undang Nomor 18 Tahun 2017 Dan Konvensi ILO 189 Tahun 2011

Jelita R.T Banjarnahor, Agusmidah, Suria Ningsih — Fri, 28 Nov 2025 00:00:00 +0000

Legal protection is defined as the recognition of the dignity, honour and human rights of legal subjects based on applicable legal provisions, covering both preventive and repressive aspects. This study specifically highlights the scope of legal protection for domestic workers, especially those working abroad. The crucial issue is the absence of specific laws that regulate and protect domestic workers, both at home and abroad, which results in domestic workers being vulnerable to exploitation and human rights violations. The research method used in this thesis is normative juridical. The main approach is the statute approach, reinforced by a conceptual and comparative approach. Data was collected through document/library studies (books, regulations, journals) and supported by interviews at BP2MI and PT. Wira Usaha Kreasi. This research is descriptive and analytical, linking existing regulations with relevant legal theories. The results of the study confirm that although domestic workers are much needed, they do not have adequate legal protection due to the absence of specific laws governing them, especially migrant domestic workers. This study emphasises the importance of government support in protecting the rights of domestic workers. The main recommendation is to pass the Draft Law (RUU) on Domestic Workers in accordance with the spirit of ILO Convention No. 189 on Decent Work. The government is encouraged to provide comprehensive social security and legal protection, as well as to impose strict sanctions on P3MI (Indonesian Migrant Worker Placement Companies) that neglect their responsibilities towards migrant domestic workers.

Perlindungan Hukum Perwakilan Diplomatik Di Negara Penerima Yang Dikategorikan Sebagai Negara Rawan Konflik Berdasarkan Hukum Internasional

Zaidan Nabil Musyaffa, Dodik Setiawan Nur Heriyanto — Fri, 19 Dec 2025 00:00:00 +0000

This study aims to determine and examine international law governing the legal protection of diplomatic representatives sent to countries categorized as conflict-prone areas. The main issues studied are how legal protection is provided to diplomatic representatives sent to countries categorized as conflict-prone areas and how the receiving state is accountable to diplomatic representatives who suffer any losses while on duty. This study uses a legislative and conceptual approach, by examining regulations related to this research. The study was conducted by analyzing actual conditions in accordance with the provisions of the 1961 Vienna Convention on Diplomatic Law. The results show that the 1961 Vienna Convention does not explain the granting of special treatment in order to provide protection for diplomatic representatives assigned to conflict-prone countries. The responsibility of the receiving state is explained in the optional protocol, but does not provide a concrete form of the intended responsibility. Special treatment for diplomats is found in several regulations made by the sending state, while the concrete form of the receiving state's responsibility is found in the Draft Articles Responsibility of States for Internationally Wrongful Acts.

Analisis Pengaturan Pelindungan Pekerja Migran Indonesia (PMI) Perempuan Ilegal Korban Image-Based Sexual Abuse: Telaah Perspektif HAM dan Intersectionality Theory

Dimas Saputra — Sun, 30 Nov 2025 00:00:00 +0000

Indonesian Migrant Workers (PMI) women are a group that is vulnerable to violence including non-physical sexual violence based on images. Ideally, the state should be present as an effort to protect this vulnerable group, but unfortunately this is not the case for those with illegal status, with the argument that the government's legality principle seems to turn a blind eye to it. However, this raises a big question regarding how legal protection actually is and should be. This study uses a juridical-normative research method with a regulatory-legislation approach, a conceptual approach and a comparative approach. The data used are secondary data with primary and secondary legal materials. The results of the study show that there is a disparity in legal protection between legal and illegal workers, the PPMI Law specifically only guarantees legal protection for PMI law. In fact, from a human rights perspective, the right to dignity agrees on the protection of illegal female PMI not only as workers but also as responsible human beings. Both implicitly and specifically, Article 28D paragraph (1) and Article 28G of the 1945 Constitution of the Republic of Indonesia and international commitments through the ICRMW have actually guaranteed the protection of every individual as a human being, including illegal female migrant workers, but the PPMI Law as lex specialis has not heeded it. Through the Intersectionality Theory, it was also found that there are multiple vulnerabilities, structural discrimination, and policies that are not sensitive to gender, this makes the conditions of illegal female migrant workers even more ironic.

Pemenuhan Hak atas Informasi Konsumen terhadap Penggunaan Produk Kemasan Makanan dan Minuman Gelas Berbahan Kertas yang Mengandung Mikroplastik di Kota Yogyakarta

Adiba Mutiara Mona, Bagya Agung Prabowo — Mon, 22 Dec 2025 00:00:00 +0000

This research aims to determine the fulfillment of consumers rights to information regarding the use of paper cup food and beverage packaging products containing microplastics in Yogyakarta City and to determine the responsibilities of business actors regarding the fulfillment of consumers rights to information regarding the use of paper cup food and beverage packaging products containing microplastics in Yogyakarta City. Paper cup packaging is in great demand by business actors because it is practical and environmentally friendly, but in reality paper cup packaging products contain microplastics that are harmful to health. This type of research is a normative juridical method using the statute approach and conceptual approach. The results of this research indicate that the fulfillment of consumers rights to information regarding paper cup food and beverage packaging products containing microplastics in Yogyakarta City has been guaranteed in Law Number 8 of 1999 concerning Consumer Protection, but in reality business actors still do not provide information regarding the use and long-term harmful impacts on health of paper cup packaging products. Business actors responsibility to include information correctly, clearly, and honestly on paper cup packaging products has not been fulfilled. Consumers feel disadvantaged by business actors because they do not include information on paper cup food and beverage packaging products containing microplastics, which can result in health risks.

Pelindungan Pekerja Rumah Tangga Migran Perempuan Berdasarkan Asas Keadilan dan Kesetaraan Gender

Najwa Amelia Mumtaz, Febriyani Cahyani Purnomo — Sun, 30 Nov 2025 00:00:00 +0000

Female migrant domestic workers often experience gender injustice and inequality. This is due to the patriarchal paradigm and the feminization of migration in society. This condition is of course very dangerous in the midst of the large number of female migrant domestic workers. This research will examine the government's policy in protecting female migrant domestic workers in relation to the principles of justice and gender equality and a comparison of the regulation of the protection of female migrant domestic workers between Indonesia and the Philippines. This type of research is normative juridical research through statute approach, conceptual approach, and comparative approach. The results show that Law No. 18/2017 on the Protection of Indonesian Migrant Workers and the Draft Law on the Protection of Indonesian Migrant Workers have not accommodated the specific needs of female migrant domestic workers as a vulnerable group based on the principles of gender equality and justice, while the Philippines through Batas Kasambahay has provided guarantees for the basic rights of domestic workers.

Analisis Implementasi Mitigasi Perubahan Iklim dalam Paris Agreement: Studi Perbandingan di Asia-Pasifik

Malika Rinda Rachmawati, Nur Gemilang Mahardhika — Mon, 22 Dec 2025 00:00:00 +0000

Abstract

As a form of commitment to the problem of climate change through the Paris Agreement, the heads of state in the world have formed their respective NDCs and LT-LEDS. Indonesia, Malaysia, Singapore, Australia and New Zealand are countries in the Asia-Pacific region that have signed the Paris Agreement and are committed to reducing global GHG emissions. On this basis, this study discusses the commitment of the five countries in implementing climate change mitigation according to the Paris Agreement through the NDC and LT-LEDS documents. This study will answer the challenges of implementing climate change mitigation in the five Asia-Pacific countries and the successes and challenges faced in these mitigation efforts. The normative legal method was chosen for this research with a regulatory, contextual and comparative approach. The study results show variations in strategies, achievements and levels of ambition for reducing emissions in the five countries. In general, the use of renewable energy is the main mitigation strategy in this region, the success of which depends on policy and investment factors.

Disharmonisasi Hukum Status Awak Kapal yang Tak Kunjung Reda: Antara Pekerja Migran dan Bukan Pekerja Migran

Aliqa Al-Syidriyah Dawani — Tue, 09 Dec 2025 00:00:00 +0000

This study examines the regulatory disharmony concerning the legal status of Indonesian seafarers working on foreign-flagged vessels and its legal implications for the protection of seafarers as migrant workers. Although Indonesia has ratified Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers (PPMI), the regulation does not explicitly accommodate seafarers within its protection scheme. The Constitutional Court Decision Number 127/PUU-XXI/2023 affirms that seafarers are categorized as migrant workers who are entitled to state protection. Nevertheless, there remains regulatory and institutional disharmony among the Ministry of Manpower, the Ministry of Transportation, and the Indonesian Migrant Workers Protection Agency (BP2MI), resulting in overlapping authorities, administrative barriers, and normative uncertainty. This research employs a normative juridical approach by examining relevant legislation and the Constitutional Court’s decision to identify the forms of disharmony and analyze their legal implications for the protection of seafarers working abroad. The findings indicate that seafarers constitute migrant workers subject to a lex specialis legal regime, thereby necessitating cross-sectoral policy harmonization and the establishment of an integrated and comprehensive legal framework to ensure legal certainty and optimal protection for Indonesian seafarers employed on foreign vessels.

Implementasi dan Konstruksi Ideal Pengaturan atas Limitasi Waktu dalam Gugatan Sederhana

Zakaria Falyafil, Rizky Ramadhan Baried — Mon, 22 Dec 2025 00:00:00 +0000

Abstact

This research aims to examine the implementation and construction of ideal arrangements towards time limits of small claims courts in accordance with Article 5 paragraph (3) of Supreme Court Regulation (PERMA) Number 2 of 2015 concerning Procedures for Small Claim Court. This research is a type of normative legal research using a conceptual approach, a statute approach, and a case approach. Sources of research data obtained by means of literature study by reading, citing and tracing laws and regulations, books, articles, journals, and other legal literature related to this research. The analysis was carried out by qualitative analysis. The results of this study indicate that in its implementation the simple lawsuit trial is divided into 3 conditions. First, small claim court with a period of less than 25 days. Second, small claim court with a period of exactly 25 days. Third, small claim court whose implementation period exceeds 25 days. Furthermore, the results of the study related to the ideal construction of the regulation of missed deadlines in a small claim court, the regulation of small claim court can refer to SEMA 2/2014, namely by assigning the presiding judge, reporting to the court the reasons for the lapse of time in a simple lawsuit and case data will be entered in an electronic-based case management information system. In the course of the trial, the judge can also give discretion over the time limit for the trial of a simple lawsuit by extending the examination time, which can only be fulfilled under certain conditions. For example, if both parties agree to make peace.

Ketidakseimbangan Regulasi Dan Realitas Dalam Penegakan Hukum Pekerja Migran Indonesia

Anthon Fathanudien, Rina Susanti — Mon, 03 Nov 2025 00:00:00 +0000

This study aims to analyze the imbalance between regulations and reality in law enforcement against Indonesian Migrant Workers. The problem formulation in this study is the legal regulations regarding migrant worker regulations in Indonesia and the implementation of legal regulations to the reality of law enforcement for migrant workers in Indonesia. The method used is normative juridical legal research with an approach to legislation and relevant literature. The results of the study indicate that although Law Number 18 of 2017 has provided a comprehensive legal protection framework for Indonesian Migrant Workers and the implementation of legal regulations to the reality of law enforcement for migrant workers in Indonesia, its implementation still faces major challenges. The main obstacles include weak coordination between agencies, minimal supervision, and limited protection for non-procedural Indonesian Migrant Workers. In addition, legal processes for violations such as human trafficking are often hampered by difficult to obtain evidence and logistical limitations.

Relevansi Hak Asasi Manusia Dalam Perlindungan Pekerja Migran Indonesia

Hilda Alfina Rosyada, Iskandar Wibawa — Fri, 19 Dec 2025 00:00:00 +0000

Indonesian Migrant Workers (PMI) are a vital component of the national economic structure, significantly contributing through remittances. However, behind their economic role, PMIs often face human rights violations, during placement processes, employment, and even post-employment. This article aims to examine the relevance of human rights in the protection of PMIs while highlighting the challenges and future prospects of their protection. Using a normative juridical approach and analyzing various legal instruments—such as Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers, Law No. 21 of 2007 on the Eradication of Human Trafficking, and Government Regulation No. 59 of 2021 this study shows that PMI protection is not merely an administrative obligation of the state but also a constitutional duty to uphold the human rights of its citizens abroad. Judicial decisions, including Supreme Court Ruling No. 1090 K/Pid.Sus/2014 and Administrative Court Decision No. 121/G/2017/PTUN-JKT, emphasize the urgency of enforcing the principle of due diligence and effective legal protection. This article recommends strengthening oversight mechanisms, enhancing the role of foreign representatives, and integrating technology into the protection system as systematic efforts to envision a more just and humane future for Indonesian migrant workers.