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Sistem Komparatif Indonesia Dan Korea Selatan: Pengawasan Peredaran Produk Kecantikan Di Platform e-commerce Nurhidayah Nurhidayah; Muhammad Syaifuddin; Suci Flambonita
PESHUM : Jurnal Pendidikan, Sosial dan Humaniora Vol. 5 No. 4: Juni 2026
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/peshum.v5i4.17421

Abstract

The uncontrolled circulation of beauty products lacking official registration permits within Indonesia's rapidly expanding e-commerce ecosystem has emerged as a pressing legal and public health concern. The structural weakness of existing oversight instruments, combined with ambiguous legal obligations assigned to digital platform operators, creates regulatory gaps that are routinely exploited by irresponsible business actors. This study aims to examine and compare the oversight mechanisms governing the distribution of beauty products on e-commerce platforms between Indonesia and South Korea, employing a normative legal research method with a comparative approach. Primary legal materials were drawn from statutory regulations, government decrees, institutional regulations, and official policy documents from both jurisdictions. The findings demonstrate that Indonesia currently lacks an independent cosmetics act, causing regulatory authority to remain fragmented across multiple sectorally unintegrated instruments. In contrast, South Korea established a comprehensive and adaptive Cosmetics Act that explicitly designates platforms as active oversight partners, supported by a risk-based product classification system and robust institutional coordination. These comparative findings underscore the urgent need for Indonesia to pursue three strategic reforms: enacting a standalone cosmetics law, adopting a risk-differentiated product classification framework, and strengthening the legal obligations of e-commerce platforms as active gatekeepers in the national consumer protection system.
Integrasi Nilai-Nilai Kepemimpinan Profetik dalam Pengaturan Pertanggungjawaban Presiden Pada UUD 1945 Sesudah Amandemen M Tamudin; Ridwan Ridwan; Suci Flambonita
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol. 8 No. 2 (2024)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/qj.v10i1.12840

Abstract

Penelitian ini mengkaji pengaturan pertanggungjawaban Presiden dalam UUD 1945 pasca-amandemen yang masih berfokus pada aspek hukum melalui mekanisme impeachment sebagaimana diatur dalam Pasal 7A dan Pasal 7B UUD 1945. Kondisi tersebut belum mengakomodasi pertanggungjawaban politik, administratif, dan kinerja Presiden secara komprehensif. Penelitian menggunakan metode hukum normatif dengan pendekatan perundang-undangan, konseptual, dan filosofis. Hasil penelitian menunjukkan bahwa sistem yang berlaku saat ini lebih menekankan legal accountability dan belum menyediakan mekanisme pertanggungjawaban kinerja Presiden secara berkala. Selain itu, beberapa norma seperti frasa perbuatan tercela dan tidak lagi memenuhi syarat sebagai Presiden masih bersifat multitafsir. Penelitian ini menemukan bahwa nilai-nilai kepemimpinan profetik, yaitu siddiq, amanah, tabligh, dan fathanah, dapat dijadikan dasar etika konstitusional dalam memperkuat sistem pertanggungjawaban Presiden. Integrasi nilai-nilai tersebut dapat diwujudkan melalui standar etika kepresidenan, laporan kinerja berkala, evaluasi publik, dan penguatan lembaga pengawasan. Dengan demikian, model pertanggungjawaban Presiden dapat bergeser dari orientasi accountability by impeachment menuju accountability by performance and ethics yang lebih akuntabel, transparan, dan berkelanjutan.
AUTHORITY AND LEGAL CONSEQUENCES OF CITY GOVERNMENTS IN FULFILLING SUSTAINABLE ECO-CITIES: A STUDY ON GREEN OPEN SPACE PROVISION Charles Godang Halomoan Hasibuan; Iza Rumesten RS; Suci Flambonita
Lex LATA Vol. 8 No. 1 (2026): MARET 2026
Publisher : Fakultas Hukum Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/lexl.v8i1.3861

Abstract

Environmental issues in urban areas are becoming increasingly complex due to rising population density and ecological degradation. Providing Green Open Space (RTH) with a minimum threshold of 30% of the total urban area is a statutory obligation, yet its implementation is frequently neglected due to weak legal enforcement. This normative juridical research aims to analyze the implementation of city government authority in green open space development and the legal consequences that arise when such obligations are unfulfilled. Utilizing statute, case, and futuristic approaches, the study concludes that city governments possess full, attributive authority under Law Number 26 of 2007 concerning Spatial Planning to plan and control green spaces based on ecoregions. Non-compliance or negligence by the city government in providing green open spaces results in legal consequences, specifically granting citizens the legal standing to file lawsuits (citizen lawsuits or class actions) for violations of human rights to a healthy environment. Furthermore, it triggers administrative and judicial sanctions in accordance with the Environmental Protection and Management Law. This study recommends strengthening the legal commitment of city governments to integrate eco-city concepts to realize sustainable development goals.
The Politics Of Agrarian Conflict And Community Struggles For Land Access Rights: The Role Of Contemporary Education Ricco Andreas; Suci Flambonita; Raesitha Zildjianda
Constitutionale Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v6i1.4012

Abstract

The agrarian conflict in Moro-Moro Register 45, Mesuji Regency, Lampung, has significantly impacted the local community, particularly in restricting children's access to education. The enforcement of Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction and Law No. 30 of 2014 on Government Administration has further complicated the situation by limiting the community's rights to manage and utilize natural resources, making it difficult for residents in forest areas to access adequate educational services. This research examines two key issues: the role of education as a tool of resistance for the Moro-Moro Register 45 community in defending their rights and the impact of agrarian conflict on their struggle for land access. Using a qualitative and socio-legal approach, this research integrates legal analysis with social inquiry, drawing on desk research, direct observations, and in-depth interviews with community members and stakeholders. The findings indicate that the politics of education is a crucial instrument for the Moro-Moro community in advocating for social change, particularly in addressing agrarian disputes and seeking social justice at the governmental level. Furthermore, agrarian conflicts often stem from systemic injustices in the distribution and management of natural resources, with land emerging as a central point of contention between the state, private enterprises, and local communities or small-scale farmers.
The Triangle Balance of Public Service: Basic Rights Applicative for Workers Suci Flambonita; Vera Novianti; ahmaturrahman Ahmaturrahman
Simbur Cahaya Volume 31 Nomor 2, Desember 2024
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/sc.v31i2.3617

Abstract

The mission of the state, as stipulated by the constitution, is to accomplish social welfare, as stated in the fourth paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia, which serves as the foundation for the Indonesian country to operate as a National Development Document. As a result, state administrators are now required to strive for public welfare, including state-provided facilities, such as public services, whose service requirements must be met in line with statutory regulations. Public Services are one of the eight areas of change in the implementation of bureaucratic reform in the Minister of State Apparatus Empowerment and Bureaucratic Reform Regulation Number 25 of 2020 concerning the Road Map for Bureaucratic Reform 2020-2024. The 8 (eight) areas of change in bureaucratic reform are as follows: (1) Change management; (2) Policy Deregulation; (3) Organizational Structuring; (4) Management Arrangement; (5) Arrangement of HR Apparatus; (6) Strengthening Accountability; (7) Strengthening Supervision; and (8) Improving the Quality of Public Services. The method utilized for analyzing the issue is a combination of normative and empirical, with approaches including the statutory approach, conceptual approach, and case approach.  The discussion in this article is based on the Public Services Law, which declares that every public service provider is required to deliver quality services to all users. Lactation rooms for breastfeeding mothers and toddlers are one of the features that help to make inclusive courts a reality. Lactation rooms in workplaces and public facilities are also protected by the Minister of Health of the Republic of Indonesia's Regulation No. 15 of 2013 on Procedures for Providing Special Facilities for Breastfeeding and/or Expression of Breast Milk. This regulation is, of course, inextricably linked to Law Number 36 of 2009 concerning Health, particularly Article 128, which governs babies' right to receive exclusive breast milk from birth for 6 (six) months, as emphasized in Palembang City Regional Regulation No. 2 of 2014 concerning the Provision of Exclusive Breast Milk. As a result, the study's findings suggest that several colleges in Palembang City do not provide lactation rooms for breastfeeding moms, instead offering only locked rooms, making it uncomfortable for working women who bring their newborns to work. As a result, this does not meet the requirements of public services for breastfeeding.
Peran Pengadilan Niaga Dalam Menyelesaikan Eksekusi Putusan Pengadilan Hubungan Industrial Heru Dwi Susanto; Joni Emirzon; Suci Flambonita
Qistie Jurnal Ilmu Hukum Vol 18 No 2 (2025): Qistie : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/jqi.v18i2.14830

Abstract

This study examines the role of the Commercial Court in executing decisions from the Industrial Relations Court (PHI), which often face technical and procedural obstacles despite having permanent legal force. The main barriers to the execution of PHI decisions are the low level of compliance by employers with the decisions and the high costs and lengthy time required for the execution process. The Commercial Court, with its more efficient procedures, can serve as an alternative to address these barriers, especially in cases involving companies facing financial difficulties. This research aims to analyze the legal construction of executing PHI decisions through the Commercial Court and provide recommendations for improving the existing legal system. The research method used is normative legal research with approaches based on legislation, case law, and historical analysis, which leads to the conclusion that the use of the Commercial Court can improve execution efficiency and provide legal certainty. It is recommended that there be stronger synergy between industrial relations law and commercial law, as well as regulatory updates to support the implementation of fairer and more efficient executions.
PROSEDUR PEMBERIAN INSENTIF DAN KEMUDAHAN INVESTASI DI KOTA PALEMBANG Suci Flambonita; Vera Novianti
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Vol. 10 No. 2 (2021): Repertorium
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v10i2.1574

Abstract

The important factors in the framework of realizing people's welfare is economic growth, which can be encouraged through the creation of a conducive investment climate that contributes to economic growth and improvement of welfare society, to support the realization of sustainable and quality economic growth, of investment climate. attractive, encouraging investment to increase the competitiveness of the national economy, as well as increasing the capacity of adequate infrastructure and other supporting factors, including the provision of incentives and ease of investment in the city of Palembang. The normative method is carried out through a literature study that examines (especially) secondary data in the form of laws and regulations, or other legal documents, as well as research results, study results, and other references. The method used normative legal research, which includes secondary legal materials and is developed with primary legal materials from theoretical instruments. In addition to collecting the type of data used in this study is secondary data, which was obtained through a library study. The procedure for providing incentives and ease of investment in Palembang based on external and internal considerations, the basic principles of establishing procedures for providing incentives and investment facilities, criteria for investment activities, as well as regional classification criteria, the provision of incentives and investment facilities is determined, which in turn establishes a rule regarding the establishment of procedures providing incentives and investment.
Sexual Violence Offenses in Child Forced Marriage Due to Extramarital Pregnancy Nashriana Nashriana; Putu Samawati; Suci Flambonita; Vera Novianti; Muhamad Sayuti Hassan
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22256

Abstract

The enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (TPKS Law) categorizes child marriage as a form of sexual violence (Article 4 in conjunction with Article 10), allowing for criminal penalties against the perpetrators. However, the TPKS Law does not provide clear criteria for defining child marriage, making its implementation challenging. This research employs a normative method, utilizing a statute approach, conceptual approach, and case approach. In several urban cases, child marriage occurs due to extramarital pregnancies, which are often used as justification by parents to compel their children to marry-despite the child’s unwillingness. The primary reason given is to preserve the family’s honor. Judges typically approve marriage dispensation requests submitted by parents based on the notion of the common good. Such approvals reinforce the assumption that the marriage is consented to by the child, even when the child actually has no other options. In many instances of child marriage, husbands frequently abandon their wives after the marriage ceremony, as their primary motivation for marrying is not to assume responsibility as husbands and fathers. This situation exacerbates the wife’s condition, forcing her to bear the responsibilities of parenthood alone while facing societal stigma. This qualitative prescriptive legal analysis identifies variables that can be used to determine whether a forced marriage can be regarded as sexual violence. These variables also aim to provide certainty in the fair enforcement of the law, particularly for young women, who represent a vulnerable group.