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All Journal Al-battar: Jurnal Pamungkas Hukum An-nisa: Journal of Islamic Family Law
Rusdiyanto Puluhulawa
Universitas Negeri Gorontalo, Indonesia
Religion Law, Crime, Criminology & Criminal Justice Other

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Legal Enforcement of Illegal Bandwidth Reselling in Indonesia: A Friedman Legal System Analysis Nurfadhilah Nahe; Rusdiyanto Puluhulawa; Irlan Puluhulawa; Manuel Beltrán Genovés
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 2 (2026): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i2.535

Abstract

The rapid development of digital transformation has increased the public's need for internet services. However, this increase has not been accompanied by equitable distribution of telecommunications infrastructure, thus encouraging the emergence of illegal bandwidth reselling practices as an alternative to providing internet access. This practice raises various legal issues because it is related to the provision of telecommunications services that require licensing. This study aims to identify and analyze factors that hinder law enforcement against illegal bandwidth reselling practices in Gorontalo Province. The study uses an empirical juridical method by combining a statutory approach, a conceptual approach, and a socio-legal approach. Research data were obtained through interviews with law enforcement officials and a literature review of relevant laws and regulations. Furthermore, all data were analyzed qualitatively using descriptive-analytical methods. The results show that the effectiveness of law enforcement is still hampered by the absence of regulations that explicitly regulate bandwidth reselling practices, weak oversight and coordination mechanisms between institutions, limited capacity of law enforcement officials, and low levels of public compliance with licensing provisions and service agreements. Viewed from the perspective of Islamic Law, this practice is contrary to the principles of al-muslimūna ‘alā syurūṭihim and wafā’ bil ‘uqūd because customers use internet services outside the scope of the agreed contract. This study contributes in the form of an empirical analysis of the relationship between regulatory weaknesses, the capacity of law enforcement officers, and the legal culture of the community in enforcing telecommunications law at the regional level, while also offering recommendations in the form of strengthening regulations, optimizing supervision, and increasing inter-institutional coordination as an effort to increase the effectiveness of law enforcement in the telecommunications sector.
Legal Certainty and Legal Protection For Victims of Catcalling In Indonesia: A Critical Analysis of The Sexual Violence Crime Law And Maqāṣid Al-Sharī'ah Nurfadilah Djafar; Rusdiyanto Puluhulawa; Irl an Puluhulawa; Rasham Armab Saikhu
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 2 (2026): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i2.547

Abstract

Catcalling is one of the most common forms of non-physical sexual harassment in public spaces, yet legal protection for victims in Indonesia still faces various obstacles. Although Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence recognizes non-physical sexual harassment as a crime, there is no regulation that explicitly defines catcalling, resulting in normative ambiguity, legal uncertainty, and differences in interpretation in its enforcement. This study aims to analyze the legal regulations regarding catcalling in Indonesian positive law, identify obstacles to legal protection for victims, and examine it from the perspective of maqāṣid al-syarī'ah. The study uses a normative legal research method with a statutory, conceptual, comparative, and Islamic legal approach. Primary, secondary, and tertiary legal materials are analyzed qualitatively through grammatical, systematic, and teleological interpretations. The results show that the absence of a clear legal definition of catcalling means that legal protection does not fully fulfill the principles of legal certainty, particularly lex certa and lex stricta, so that law enforcement still relies on the interpretation of officials. Furthermore, difficulties in proving, gender bias in law enforcement, a culture of victim blaming, and the normalization of verbal sexual harassment further weaken protection for victims. From the perspective of maqāṣid al-syarī'ah, catcalling contradicts the principles of Hifz al-'Ird (protection of honor), Hifz al-Nafs (protection of life), and Hifz al-Karamah (protection of human dignity). This study offers a normative reconstruction of the regulation of catcalling through harmonization between the TPKS Law and the Criminal Code, while integrating positive law with Islamic legal principles to strengthen legal certainty and increase the effectiveness of legal protection for victims of verbal sexual harassment.
Co-Authors Irl an Puluhulawa Irlan Puluhulawa Manuel Beltrán Genovés Nurfadhilah Nahe Nurfadilah Djafar Rasham Armab Saikhu