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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum SALAM: Jurnal Sosial dan Budaya Syar-i Jurnal Daulat Hukum JURNAL MUQODDIMAH : Jurnal Ilmu Sosial, Politik dan Hummaniora Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial JURNAL CENDEKIA HUKUM Humani (Hukum dan Masyarakat Madani) Jurnal Ius Constituendum Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan NUSANTARA : Jurnal Ilmu Pengetahuan Sosial WAJAH HUKUM AT-TURAS: Jurnal Studi Keislaman Jurnal Yuridis Veteran Law Review Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora Borneo Law Review Journal Abdi Dosen : Jurnal Pengabdian Pada Masyarakat ADIL : Jurnal Hukum JURNAL USM LAW REVIEW Jurnal Bakti Masyarakat Indonesia Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Jurnal Hukum Lex Generalis Jurnal Pengabdian kepada Masyarakat Jurnal Abdimas Indonesia : Jurnal Abdimas Indonesia IBLAM Law Review Jurnal Interpretasi Hukum Jurnal Hukum Sehasen International Journal of Social Science, Education, Communication and Economics Jurnal Hukum Pelita Journal of Law, Poliitic and Humanities Lead Journal of Economy and Administration DIKTUM: JURNAL SYARIAH DAN HUKUM Innovative: Journal Of Social Science Research Journal of Modern Islamic Studies and Civilization Kultura: Jurnal Ilmu Sosial dan Humaniora Triwikrama: Jurnal Ilmu Sosial Causa: Jurnal Hukum dan Kewarganegaraan Intellektika: Jurnal Ilmiah Mahasiswa Politika Progresif : Jurnal Hukum, Politik dan Humaniora Media Hukum Indonesia (MHI) Journal Social Sciences and Humanioran Review ARIMA : Jurnal Sosial Dan Humaniora Referendum International Journal of Law and Society Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Konstitusi: Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Konsensus: Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Jurnal Hukum Statuta Civilia: Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan International Journal of Society and Law Abdurrauf Science and Society Green Social: International Journal of Law and Civil Affairs KREATIF: Jurnal Pengabdian Masyarakat Nusantara Nusantara: Journal Law and Islamic Law
Atik Winanti
Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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Protection of Customary Communities in Compensation for Losses on Common Land Objects for Public Interest (Study of Sorong District Court Decision Number: 120/Pdt.G/2018/PN.Son) Putri, Nasywa Awalia; Winanti, Atik
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2632

Abstract

Customary law communities have a strong connection to natural resources and customary land as their main source of livelihood. This study was conducted to determine the protection of customary law communities on customary land for the public interest, as well as the judge's considerations in Decision No. 120/Pdt.G/2018/PN.Son regarding compensation for customary land. The researcher applied a normative juridical method through a Statute Approach and a Case Approach in analyzing the topic or issue. The results of the study show that protection is provided in the form of preventive and repressive actions by the government. Preventive efforts are carried out by forming Law No. 12 of 2012 and its derivative regulations to prevent disputes and guarantee the rights of customary law communities in land acquisition. Repressive efforts are pursued through the settlement of disputes in court by filing lawsuits in accordance with the provisions of the law. In Decision No. 120/Pdt.G/2018/PN.Son, the judge can use three stages, namely constatation, qualification, and constitution, to reach a good decision based on the principle of justice. Compensation in this decision was awarded as recognition and respect for the Marga Momo Indigenous Community. This writing is expected to demonstrate the importance of balancing development for the public interest and the protection of the rights of indigenous peoples with laws that favor justice.
The Legal Protection for Digital Consumers in Game Diamond Purchase Transactions Online Mobile Legends Delyananda, Zahrah Rani'ah; Winanti, Atik
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.48819

Abstract

The development of digital technology is changing patterns of human interaction and transactions, including when purchasing virtual items like diamonds in the online game Mobile Legends. Digital agreements in these transactions require legal certainty in accordance with Article 1320 of the Civil Code and the Electronic Information and Transactions Law, especially if carried out by minors and/or through unofficial sellers. This study aims to examine the regulation of digital agreements between users and Mobile Legends game service providers in diamond purchase transactions, as well as to review legal protection for consumers (users), especially minors, who make diamond purchase transactions in Mobile Legends based on the Government to Business (G2B) Theory. The author uses a normative juridical research method with a statutory approach and a case approach related to illegal transactions in Langkat Regency. The research results show that transactions conducted outside official platforms do not meet the requirements of a valid electronic agreement and remove consumer protection rights as regulated in the UUPK and Government Regulation No. 80 of 2019. In conclusion, legal protection for digital consumers in purchasing game diamonds is still relatively weak. The government has not fully carried out its supervisory functions according to the G2B concept. To make the digital transaction ecosystem safer, fairer, and more accountable, stronger regulations, strict age verification systems, and firm sanctions for illegal business actors are needed.
The Principle of Justice In The Revocation of Child Adoption Determination By Adoptive Parents (Study of Supreme Court Decision No. 31/Pdt.G/2022/PN Njk) Fitria, Anugrah; Winanti, Atik
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2430

Abstract

This research examines the revocation of a child's adoption order by highlighting aspects of justice, both for the child and the adoptive parents. The focus of the discussion is directed at the Nganjuk State Court Decision No. 31/Pdt.G/2022/PN.NJK, in which the judge granted the revocation of adoption on the basis of the best interests of the child. However, the decision raises issues because it does not pay attention to the rights and contributions of adoptive parents who have provided care for many years. The type of research used is Normative Juridical with a case approach, legislation, and comparison. Data sources come from primary legal materials in the form of laws and decisions, and are strengthened by literature as secondary legal materials. Analysis is carried out qualitatively through the study of doctrine and legal norms. The results of this study indicate that the judge's consideration is more in favor of child protection, but creates an imbalance for adoptive parents. Therefore, clearer legal arrangements are needed regarding the mechanism for revocation of adoption, so as to provide legal certainty as well as a sense of justice for all parties.
Legal Force Of The Preliminary Sales Agreement (PPJB) As Evidence For The Seller Againts The Buyer Who Is In Breach Of Contract (Case Study: Decision Of The Surabaya District Court No.862/Pdt.G/2021/Pn Sby. Trasaenda, Resfa Klarita; Winanti, Atik
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2626

Abstract

This study discusses the legal force of the Sale and Purchase Agreement (PPJB) as evidence for sellers against buyers who commit breach of contract, based on a study of Surabaya District Court Decision Number 862/Pdt.G/2021/PN Sby. This study is based on the prevalence of breach of contract cases in land sale and purchase agreements, which cause legal uncertainty for the parties involved. The main issue in this study is the legal force of a Sale and Purchase Agreement as evidence in Indonesian civil disputes. The purpose of this study is to understand the legal force of a Sale and Purchase Agreement (PPJB) as evidence in civil disputes and to analyze the judge's considerations in Surabaya District Court Decision Number 862/Pdt.G/2021/PN Sby. The research method used is normative juridical with a statute approach and case approach through literature study. The results show that the PPJB has legal force as authentic evidence and that its cancellation must be carried out through a court decision. The judge's considerations in this case are deemed inappropriate because they state that there is a defect of will, whereas both parties agreed on their own will.
LEGAL CERTAINTY OF ONLINE MOTORCYCLE TAXI DRIVERS IN THE PERSPECTIVE OF COMPARISON WITH MALAYSIA Wadrianto, Glori Kyrious; Winanti, Atik
Abdi Dosen : Jurnal Pengabdian Pada Masyarakat Vol. 9 No. 4 (2025): DESEMBER
Publisher : LPPM Univ. Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/abdidos.v9i4.3127

Abstract

The emergence of the gig economy, driven by advancements in technology, carries notable legal consequences, particularly in Indonesia. This research highlights the lack of legal clarity concerning online transportation (ojek online) drivers, who represent a key segment of gig workers. These drivers are designated as "partners," a classification that fails to grant them comprehensive legal protections or certainty. The aim of this study to examine the legal standing of ojek online drivers amidst this regulatory gap, focusing on their rights as workers under Indonesian law and how it compares to Malaysia’s Gig Workers Act 2025. To conduct this analysis, the study utilizes a normative juridical method, incorporating a conceptual approach, a case study approach, and a comparative analysis. The research draws from various sources including primary legal materials, secondary legal materials, and tertiary legal materials, which are evaluated prescriptively. The results reveal that the lack of explicit legal regulations governing ojek online drivers in Indonesia creates significant potential for uncertainty. Malaysia’s Gig Workers Act 2025 may provide an exemplary framework for regulatory improvements in Indonesia. Establishing a definitive legal structure would not only enhance certainty and fairness for approximately seven million online motorcycle taxi drivers but also benefit other gig workers in Indonesia, whose numbers are anticipated to rise alongside technological growth. The establishment of a separate classification for gig workers—including online ride-hailing drivers—as implemented in Malaysia, could serve as a reference for Indonesia in providing legal certainty without eliminating the flexibility that is inherent to the gig economy phenomenon.
Sosialisasi Pola Asuh Efektif dan Harmonis untuk Mencegah Kenakalan Remaja Satino Satino; Yuliana Yuli Wahyuningsih; Atik Winanti; Marina Ery Setyawati; Iwan Erar Joesoef
KREATIF: Jurnal Pengabdian Masyarakat Nusantara Vol. 5 No. 3 (2025): Jurnal Pengabdian Masyarakat Nusantara
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/kreatif.v5i3.7999

Abstract

Juvenile delinquency is a social phenomenon that often occurs during the transition from childhood to adulthood. Adolescence is known as a phase of identity discovery that is vulnerable to the influence of various external and internal factors. One of the main factors influencing adolescents' tendency to engage in deviant behavior is the family environment. The family plays a crucial role as the first social environment that provides values, norms, and controls for children's behavioral development. This study aims to determine the extent of family influence, particularly parenting styles, communication quality, and family unity, on the emergence of juvenile delinquency. The research method used is a descriptive qualitative approach with data collection techniques through literature review and in-depth interviews with several adolescents and their parents. Data were analyzed to identify the relationship between parenting styles and family dynamics with adolescent behavior. The results show that families with disharmony, minimal communication, and overly authoritarian or permissive parenting styles have a higher tendency to produce deviant behavior in children. Adolescents from such families are more vulnerable to negative associations, social pressure, and have difficulty controlling their emotions. Conversely, families that implement democratic parenting styles, provide emotional attention, and foster open communication tend to foster more emotionally, socially, and morally stable adolescents. This research confirms that strengthening the family's role is key to preventing juvenile delinquency. This can be achieved through improving the quality of communication between family members, implementing parenting styles that balance control and freedom, and maintaining harmony within the household. In this way, the family can function optimally as the first line of defense in shaping positive adolescent character and behavior, thereby minimizing the risk of delinquency.
Efektivitas Rehabilitasi sebagai Alternatif Hukuman bagi Pecandu Narkoba (Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika) Yuliana Yuli Wahyuningsih; Atik Winanti; Marina Ery Setyawati; Kayus Kayowuan Lewoleba; Satino Satino
KREATIF: Jurnal Pengabdian Masyarakat Nusantara Vol. 6 No. 1 (2026): Jurnal Pengabdian Masyarakat Nusantara
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/kreatif.v6i1.9589

Abstract

Law Number 35 of 2009 concerning Narcotics provides legal space for drug addicts to receive rehabilitation as an alternative to imprisonment. This policy aims to restore addicts' condition so they can return to normal life and reduce overcrowding in correctional institutions. This study aims to analyze the effectiveness of implementing rehabilitation as a form of alternative punishment for drug addicts, both from a legal and practical perspective. The method used is normative legal research with a legislative approach and empirical studies in several rehabilitation institutions and law enforcement institutions. The results of the study indicate that although normative legal provisions already accommodate rehabilitation, in practice there are still various obstacles such as minimal coordination between agencies, a lack of facilities and infrastructure, and low public legal awareness. Therefore, strengthening regulations, increasing the capacity of rehabilitation institutions, and consistent law enforcement are needed so that rehabilitation can be an effective solution in dealing with drug abuse. Therefore, strengthening regulations, increasing the capacity of rehabilitation institutions, and consistent law enforcement are needed so that rehabilitation can be an effective solution in dealing with drug abuse.
Pertanggungjawaban Aspek Hukum Ketenagakerjaan yang Dilakukan oleh Karyawan Terhadap Perusahaan (Studi Kasus Putusan No. 42/PID.B/2025/PN Banjar) Nur Rizkiah Hasanah; Hammamtio; Atik Winanti
Jurnal Hukum Lex Generalis Vol 6 No 5 (2025): Tema Hukum Perburuhan dan Ketenagakerjaan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i5.2144

Abstract

The company has a legal and social obligation to treat employees fairly by fulfilling the normative rights inherent in the employment relationship. This responsibility can be realized through providing wages that are appropriate to the workload and time, providing social security such as health insurance and other benefits, and adjusting wages based on the inflation rate and the provisions of applicable laws and regulations. In the Banjar District Court Decision Number: 42 / Pid.B / 2025 / PN Bjr, the defendant's actions caused the Tunas Artha Mandiri Cooperative to suffer a loss of Rp. 87,294,000.00. This was done by creating fictitious data, marking up loans, and not paying member installments. As a result, the defendant was found guilty of committing the Crime of Embezzlement with his inherent position in accordance with Article 374 of the Criminal Code. In addition, the employment agreement between the two parties can be canceled because it does not comply with the valid conditions of the agreement as regulated in Article 1320 of the Civil Code, directly revokes the Rights and Obligations of both parties as regulated in Law Number 11 of 2020 concerning Job Creation.
OPTIMIZING LEGAL REGULATIONS FOR THE PROTECTION OF CYBERSTALKING VICTIMS IN INDONESIA Roberto, Rafhael; Azzahra, Balqis Tsabitah; Diksy, Khoirunnisa Putri; Ramdhani, Nadia Marsya; Winanti, Atik
Journal Social Sciences and Humanioran Review Vol. 2 No. 01 (2025): JANUARY
Publisher : Zhata Institut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64578/jsshr.v2i01.153

Abstract

Cyberstalking involves stalking, monitoring, or harassing someone continuously through digital media, which can threaten an individual's privacy and cause psychological distress to the victim, including anxiety, trauma, and insecurity. Although there are laws regulating cyberstalking, legal protection for victims of cyberstalking is still inadequate due to limitations in handling cyberstalking cases. This study examines legal protections for victims of cyberstalking in Indonesia and identifies efforts to optimize cyberstalking regulations in the country. This study uses a normative legal approach (doctrinal research) with a statutory approach and a conceptual approach. The results of this analysis show that legal protection for victims of cyberstalking in Indonesia still faces challenges. Although there are regulations to handle cyberstalking cases, law enforcement remains ineffective and incomplete, and there are no specific regulations addressing cyberstalking. Additionally, legal loopholes indicate legal weaknesses in the regulation of cyberstalking in Indonesia. Therefore, it is necessary to establish a specific law that specifically regulates cyberstalking and revise existing regulations to strengthen the legal framework governing cyberstalking. Furthermore, it's important to raise awareness about cyberstalking and strengthen technological infrastructure in digital investigations so that the law can be enforced effectively and comprehensively, thereby protecting victims of cyberstalking in Indonesia.
Protection of Children’s Rights in Post-Divorce Custody Decisions: A Socio-Legal Analysis of Case No. 0461/Pdt.G/2020/PA Gresik Anindya, Salma Elsa; Winanti, Atik
JURNAL AT-TURAS Vol 12, No 4 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/at-turas.v12i4.13215

Abstract

This study examines the regulation of child custody after divorce in Indonesia, focusing on the legal dynamics arising from the general provisions of Article 105 letter (a) of the Compilation of Islamic Law (KHI) which tends to grant custody to the mother, imagining it as the best interest of the child. The problem in this study is how legal provisions in Indonesia regulate the granting of custody to the father after divorce, and the judge's legal considerations in the Gresik Religious Court Decision Number 0461/Pdt.G/2020/PA.Gs consider the best interests of the child. This study uses a Normative Juridical research type with a regulatory, case, and conceptual approach. The data analysis technique used is descriptive qualitative. This shows that custody of the three children, including those who are not yet mumayyiz, is given to the father because the mother is proven to have committed verbal and physical violence. The judge specifically Article 105 letter (a) of the KHI and adheres to Article 4 of Law No. 35 of 2014 concerning Child Protection. This decision is also based on the father's capabilities in psychological, moral, religious, and economic aspects. This study aims to analyze the legal basis and judicial reasoning for granting custody to fathers post-divorce in Indonesia, using a normative juridical method with statutory and case approaches. The findings reveal that the court prioritized the child’s holistic welfare over maternal presumption under Article 105(a) KHI. The study contributes to strengthening the interpretation of child protection law consistent with the principle of the best interests of the child.
Co-Authors Abdul Haris Nafis Adam Ramadhan Adhelia Puspa Rini Adnan Hasanudin Afifullah, Muhamad Agustanti, Rosalia Dika Akhmad Kautsar Fattah Akmal Zaki Albert Sintong Limbong Allika Fadia Tasya Amelia Akef Abdat Amelia Khairunisa Andriyan Rahardi Andriyanto Adhi Nugroho Angel Evelin Anindya, Salma Elsa Ariel Lois Ariscky, Taufan Andre Aurellia, Clara Sabrina Aurora Jilena Meliala Aurora Jillena Meliala Ayu Dita, Sekar Ayyasy, Rofi Azizah Arfah Azzahra, Balqis Tsabitah Bayu Aji Adhyarsa Bintang, Airiique Cahyaningsih, Rohmah Dwi Cahyasabrina, Ghea Tyagita Cassis Merinthia Ariapramuda Christin Natalia Tambunan Cindy Nabila Saraswati Davilla Prawidya Azaria Daya Nur Pratama Delyananda, Zahrah Rani'ah Dewani, Citranti Hanifah Diati, Ranisa Diksy, Khoirunnisa Putri Dimas Yanuarsyah Dino Riska Afdhali Diva Salsabila Ferdiansyah Dwi Desi Yayi Tarina FANDY GULTOM Farhan, Fien Naufal Zaim Fatahillah, Faishal Fauzan, Anis Febrian Halomoan Febrian Halomoan Fira Nurul Jannati Fitria, Anugrah Ghufriani, Deliana Rinasari Halikha, Nazwa Halim, Wahidul Hammamtio Handar Subhandi Bakhtiar Handoyo Prasetyo Hasbi, Saupi Hendra Parulian Indra Hendrawan Irwan Triadi Ishma Safira Iswanti Rachmanisa Iwan Erar Joesoef Jillena Meliala, Aurora Jodi Pratama Juaningsih, Imas Novita Kayus Kayowuan Lewoleba Kornelius Ayub Romario Simanulang Kosmanto, Yashinta Kusuma, Aditama Candra L, Leon Ligina Tesalonika Made Wipra Pratistita Marina Ery Setyawati Marina Ery Setyawati Marino, Emir Fabrian Maulida Fitriani Maya Anas Taqiyyah Mayrina Dwiyanti Miranda Nissa Hilal Liani Muhamad Sidik Muhammad Abduh Muhammad Fahrudin Muhammad Yanri Chairyatna Muthia Sakti Nada Prima Dirkareshza Naibaho, Aldhy Wicaksana Nefrisa Adlina Maaruf Nugroho Dewo Dharmawan Nur Rizkiah Hasanah Nurannisa, Gisca Nurchalik, Ivan Nurul Jannati, Fira Oktaviani, Devina Vanesa Permatasari, Audry Pradipta Prihantono Putra, Reza Andriansyah Putri Galuh Pitaloka Putri Naue, Atiek Pratiwi Putri, Azzahra Aulia Kresna Putri, Fallen Annisa Aji Putri, Nasywa Awalia Rachma, Nadia Fatikha Rahman, Rezi Alfarizi Raka Haikal Anfasya Rakhbir Singh Ramadhan, Niko Rafael Ramdhani, Nadia Marsya Rasyad, Pasha Athallah Rasyid, Muhammad Ridwan Ridha Wahyuni Ridha Wahyuni Riduan, Amelia Marchela Putri Rildo Anuar Sihite Risma Apriyanti Rizki Bima Anggara Roberto, Rafhael Rohmah Dwi Cahyanigsih Ruli Agustin Ruli Agustin, Ruli Satino Satrio Wicaksono Adi Satya M, Bhatara Eri Shintauli, Margaretha Silitonga, Veronika Lasma Simatupang, Efika Weny Meida Siti Syafa Az Zanubiya Sofyan Sauri Sonjaya, Vania Nabilah Bani Sri Bakti Yunari, Sri Bakti Suherman Suherman Sulistiyanto, Azareel Tampubolon, Imagrace Triamorita Tanjung, Salsas Bila Juniyanti Tasya Darosyifa Taupiq qurrahman Tesalonika, Ligina Thalia Salma Putri Kamilah Tomi Khoyron Nasir Trasaenda, Resfa Klarita Valentdava Wahyudi, Aurell Vedita Akbar Veronika, Tesya Wadrianto, Glori Kyrious Wahidul Halim Wati, Diani Sadia Wijihastuti, Sri Yarly, Erfina Yuliana Yuli W Yuliana Yuli Wahyuningsih