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Weak Regulations, Harmed Consumers: An Evaluation of Digital Consumer Protection Mechanisms Nugraheni, Chyntia Regita; Khaerudin, Ariy; Dewi, Nourma
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.294

The rapid growth of e-commerce in Indonesia has led to the rise of self-regulatory practices, particularly in the form of standard clauses unilaterally imposed by digital platforms. This development presents potential risks to the protection of consumer rights as stipulated in the Consumer Protection Law. This study aims to examine the presence of standard clauses within self-regulation, identify potential violations of consumer rights, and assess the effectiveness of existing legal protection mechanisms. A normative juridical method is employed, utilizing a statutory approach and case studies involving major e-commerce platforms in Indonesia. The findings reveal that many standard clauses fail to uphold the principles of fairness, transparency, and consumer safety. Moreover, the internal dispute resolution mechanisms provided by these platforms are often ineffective and tend to favor business actors. In conclusion, regulatory intervention and enhanced oversight of self-regulatory practices are necessary to ensure the optimal protection of consumer rights.

Environmental Law, the State, and the People: Examining the Reciprocal Obligations of Protection Hastiyanto, Febri; Faried, Femmy Silaswaty; Dewi, Nourma
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.322

Widespread environmental degradation in Indonesia frequently gives rise to conflicts among local communities, the state, and business entities. Although Law No. 32 of 2009 provides a legal framework for resolving environmental disputes, the effectiveness of its implementation remains uncertain. This study examines the efficacy of both litigation and non-litigation mechanisms—particularly mediation and administrative approaches—in addressing such disputes. It also assesses the integration of customary law into the national legal system and identifies critical weaknesses in the enforcement of environmental regulations. Employing a normative legal approach supported by case studies of nine environmental conflict cases, the findings indicate that mediation and administrative legal processes often fail to deliver ecological justice. Moreover, customary law remains insufficiently harmonized with formal legal structures. Weak law enforcement, overlapping institutional authorities, and limited community participation further hinder effective resolution. The study concludes that regulatory reform, the strengthening of customary legal systems, and community empowerment are essential to enhancing environmental dispute resolution in Indonesia.

SOSIALISASI PELESTARIAN LINGKUNGAN DI DUKUH PLALAN DESA KADOKAN Putri , Tasya; Nurwanti, Yulian Dwi; Zaelani, Muhammad Aziz; Dewi, Nourma; Nurramadani, Ardan
SEMANGGI : Jurnal Pengabdian kepada Masyarakat Vol. 4 No. 1 (2025): April 2025
Publisher : LPPM Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38156/sjpm.v4i1.338

Environmental conservation has the connotation that the environment must be maintained as it is. while the environment is actually used within the framework of development, this means that the environment is undergoing a process of change. In the process of this change, it is necessary to take care of the environment so that it is still able to support a normal life. One of the ways to provide knowledge is by holding socialization activities for environmental conservation in Kadokan Village. Environmental conservation has many positive impacts on the environment, including being free of air pollution, getting clean water and being healthier and more comfortable in carrying out daily activities for the people of Kadokan Village. The method used is counseling which aims to increase public awareness of the importance of environmental conservation to ensure safety, health, and human survival, especially in Kadokan Village.

Legal Crossroads for Women and Children: Safeguards or Systemic Neglect? Hasyim, Much; Dewi, Nourma; Aini, Firstnandiar Glica
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.324

The protection of children and women as vulnerable groups is a constitutional mandate enshrined in Article 28C of the 1945 Constitution of Indonesia, and it reflects both universal human rights principles and the foundational values of Pancasila. This study aims to examine the alignment of national legal norms with universal human rights standards, assess the effectiveness of legal protections afforded to children and women, and identify regulatory and implementation gaps that contribute to structural injustice. Employing a normative-juridical approach and analyzing five case studies of violence, the findings reveal that while Indonesia's legal framework is relatively progressive, its implementation remains hindered by institutional, socio-cultural, and political challenges. The study concludes that legal reform, institutional strengthening, and a more victim-centered legal approach are essential to achieving substantive justice for vulnerable populations. These findings provide important insights for the development of more comprehensive and impactful legal policy frameworks.

Analisis Yuridis Dampak Over Kapasitas pada Ruang Tahanan terhadap Hak-Hak Narapidana: Studi di Lembaga Pemasyarakatan Kelas IIB Wonogiri Dewi, Anjar Pramudita Mira; Putri, Hanuring Ayu Ardhani; Dewi, Nourma
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4050

To address the issue of overcrowding in correctional institutions, one of the alternative approaches is to replace imprisonment with other forms of sentencing, such as remission, conditional leave, and parole. These alternatives serve as optional punishments outside the primary criminal sanctions. This study employs an empirical juridical method with a descriptive approach. The findings reveal several key factors contributing to prison overcrowding, namely: (1) the rising crime rate; (2) the ease with which individuals are detained upon suspicion or indictment; (3) the lack of clear standard operating procedures (SOP) regarding detention postponement; (4) the underutilization of alternative punishments other than imprisonment; (5) the high rate of recidivism; and (6) the implementation of stricter remission policies for inmates convicted of corruption and narcotics-related crimes. The impacts of overcrowding in the Class IIB Correctional Facility in Wonogiri include: (1) difficulties for inmates in resting and engaging in activities; (2) obstruction of the right to file complaints; (3) inadequate sanitation; (4) limited access to proper healthcare services; (5) insufficient supervision; (6) suboptimal rehabilitation and self-reliance programs; and (7) increased potential for conflict among inmates.

Weak Regulations, Harmed Consumers: An Evaluation of Digital Consumer Protection Mechanisms Nugraheni, Chyntia Regita; Khaerudin, Ariy; Dewi, Nourma
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.294

The rapid growth of e-commerce in Indonesia has led to the rise of self-regulatory practices, particularly in the form of standard clauses unilaterally imposed by digital platforms. This development presents potential risks to the protection of consumer rights as stipulated in the Consumer Protection Law. This study aims to examine the presence of standard clauses within self-regulation, identify potential violations of consumer rights, and assess the effectiveness of existing legal protection mechanisms. A normative juridical method is employed, utilizing a statutory approach and case studies involving major e-commerce platforms in Indonesia. The findings reveal that many standard clauses fail to uphold the principles of fairness, transparency, and consumer safety. Moreover, the internal dispute resolution mechanisms provided by these platforms are often ineffective and tend to favor business actors. In conclusion, regulatory intervention and enhanced oversight of self-regulatory practices are necessary to ensure the optimal protection of consumer rights.

Environmental Law, the State, and the People: Examining the Reciprocal Obligations of Protection Hastiyanto, Febri; Faried, Femmy Silaswaty; Dewi, Nourma
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.322

Widespread environmental degradation in Indonesia frequently gives rise to conflicts among local communities, the state, and business entities. Although Law No. 32 of 2009 provides a legal framework for resolving environmental disputes, the effectiveness of its implementation remains uncertain. This study examines the efficacy of both litigation and non-litigation mechanisms—particularly mediation and administrative approaches—in addressing such disputes. It also assesses the integration of customary law into the national legal system and identifies critical weaknesses in the enforcement of environmental regulations. Employing a normative legal approach supported by case studies of nine environmental conflict cases, the findings indicate that mediation and administrative legal processes often fail to deliver ecological justice. Moreover, customary law remains insufficiently harmonized with formal legal structures. Weak law enforcement, overlapping institutional authorities, and limited community participation further hinder effective resolution. The study concludes that regulatory reform, the strengthening of customary legal systems, and community empowerment are essential to enhancing environmental dispute resolution in Indonesia.

Legal Crossroads for Women and Children: Safeguards or Systemic Neglect? Hasyim, Much; Dewi, Nourma; Aini, Firstnandiar Glica
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.324

The protection of children and women as vulnerable groups is a constitutional mandate enshrined in Article 28C of the 1945 Constitution of Indonesia, and it reflects both universal human rights principles and the foundational values of Pancasila. This study aims to examine the alignment of national legal norms with universal human rights standards, assess the effectiveness of legal protections afforded to children and women, and identify regulatory and implementation gaps that contribute to structural injustice. Employing a normative-juridical approach and analyzing five case studies of violence, the findings reveal that while Indonesia's legal framework is relatively progressive, its implementation remains hindered by institutional, socio-cultural, and political challenges. The study concludes that legal reform, institutional strengthening, and a more victim-centered legal approach are essential to achieving substantive justice for vulnerable populations. These findings provide important insights for the development of more comprehensive and impactful legal policy frameworks.

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