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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Hukum Lex Generalis SANGAJI: Jurnal Pemikiran Syariah dan Hukum Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon Jurnal Impresi Indonesia Journal of Social Research International Journal of Humanities Education and Social Sciences Jurnal Locus Penelitian dan Pengabdian Journal of Legal and Cultural Analytics (JLCA) Edunity: Kajian Ilmu Sosial dan Pendidikan Journal of Social Science Jurnal Ilmu Multidisplin Prosiding Seminar Nasional Hasil-hasil Penelitian dan Pengabdian Pada Masyarakat Return : Study of Management, Economic and Bussines INJURITY: Journal of Interdisciplinary Studies Eduvest - Journal of Universal Studies Indonesian Journal of Advanced Research (IJAR) Equivalent: Jurnal Ilmiah Sosial Teknik Ekasakti Legal Science Journal Journal Of Law Sciences (Legisci) Journal of Community Service (Abdisci) Journal of Law and Social Politics Asian Journal of Social and Humanities Jurnal Legislasi Indonesia Rechtsnormen: Journal of Law
HARMONO HARMONO
Universitas Swadaya Gunung Jati
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Humanities Automotive Engineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Neuroscience Public Health Social Sciences Other

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Internal Supervision in Handling Domestic Violence by Police Members: The Role of Investigation Supervisory Officers from the Perspective of Accountability and Conflicts of Interest Candra Ermala; Harmono Harmono
Jurnal Legisci Vol 4 No 2 (2026): Vol 4 No 2 October 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i2.1216

Abstract

Background. The handling of domestic violence cases involving police members presents complex problems, especially related to independence and accountability in the investigation process. On the one hand, the legal system has provided an adequate normative framework to ensure the professionalism of the authorities and the protection of victims. On the other hand, on-the-ground practice shows a tension between lawsuits and institutional dynamics that affect the effectiveness of internal oversight. Aims. This study aims to analyze the role of the Investigation Supervisory Officer (Wasidik) in supervising the handling of domestic violence cases by police members, examine the legal basis governing this role, and identify structural and cultural obstacles affecting its implementation. Methods. This study uses an empirical legal method with a socio-legal approach, which views law as a social practice shaped by institutional structures, organizational cultures, and power relations. Data were obtained through interviews with law enforcement officials as well as studies of relevant laws and regulations and scientific literature. The analysis is conducted qualitatively, integrating empirical findings and theoretical frameworks to understand the gap between legal norms and surveillance practices within police institutions. Result. The results of the study show that normatively internal supervision has been well structured through a formal mechanism, with Wasidik serving as the quality control for the investigation. However, in practice, the effectiveness of supervision is still influenced by structural factors such as a hierarchical bureaucratic system, as well as cultural factors such as corps solidarity and unbalanced power relations. Supervision tends to be oriented towards administrative compliance and institutional risk management, so it does not fully guarantee substantive justice for victims. In addition, transparency limitations affect the public's perception of supervisory independence. The novelty of this research lies in the affirmation that the main problem of internal supervision in domestic violence cases involving police members is not in the weakness of regulations, but in the dominance of organizational culture and the institutional logic that shapes supervision practices. Conclusion. Therefore, it is necessary to strengthen a supervisory model that is more responsive, transparent, and oriented towards victim protection through increasing the capacity of the apparatus, strengthening supervisory independence, and integrating external accountability mechanisms.
Legal Analysis of the Police Intelligence Function in Early Detection of Inter-Village Brawls: A Socio-Legal Approach to the Effectiveness of Social Conflict Prevention Agus Jaelani; Harmono Harmono
Jurnal Legisci Vol 4 No 2 (2026): Vol 4 No 2 October 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i2.1217

Abstract

Background. The phenomenon of inter-village brawls shows that social conflicts at the local level no longer arise spontaneously, but develop through more complex and unpredictable processes. In this context, early detection is becoming increasingly important as an effort to read potential conflicts before they develop into open violence. Aims. This research aims to examine how the police intelligence function is carried out in detecting potential conflicts between villages, how the basis of its authority is constructed within the applicable legal framework, and the extent of its effectiveness in preventing the escalation of social conflicts. Methods. This study uses a socio-legal approach, combining normative analysis of laws and regulations with empirical data obtained through interviews in the Cirebon Regency area. Result. The results show that, in practice, early detection occurs more through informal social mechanisms, such as interaction with the community and readings of local dynamics, than through structured systems. However, this role often stops at the identification stage because there is no clarity on the limits of authority for carrying out preventive actions and no system to integrate information and policy responses. These findings confirm that early detection cannot be understood solely as a technical mechanism for information collection, but rather as a social process that is interpretive and contextual. Conclusion. Therefore, its effectiveness is determined not only by the availability of information but also by the system's ability to interpret and follow up on it in a coordinated manner. Implementation. This research offers a new perspective by placing early detection as a meeting space between social practice, legal construction, and institutional capacity in the prevention of social conflict.
Juridical Analysis of State Responsibility in Fulfilling the Rights and Compensation of Fixed-Time Work Agreements (PKWT) Workers in the Outsourcing System Ade Solahudin; Harmono Harmono
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1218

Abstract

Background. The increasing incidence of more flexible employment relationships, including fixed-term contracts (fixed-time work agreements/PKWT) and outsourced workers, poses new challenges to the protection of workers, including the achievement of employment compensation rights. This has been sufficiently articulated in various laws that are normatively expected to be effective, but in practice, violations of rights still recur. This situation shows a discrepancy between what is ordered and what happens on the ground. Aims. This study seeks to reveal how state responsibility is carried out in fulfilling the rights of PKWT workers, as well as how monitoring and law enforcement are carried out in practice. Methods. This research uses a normative legal approach by examining laws and regulations, legal concepts, and relevant studies, and linking them to emerging practices. Result. The results of the discussion show that the main problem does not lie in the absence of norms, but in how these norms are implemented. Responsibilities in outsourcing systems are not fully distributed, so when a breach occurs, workers are often unsure who is responsible. On the contrary, the functions of supervision and law enforcement have not been properly carried out. Inconsistent supervision and law enforcement responses that tend to be weak mean violations do not result in meaningful consequences for business actors. Under these conditions, the law remains a reference, but it has not fully worked as an effective instrument of protection. As a result, worker protection is still at the formal level and has not been fully felt in practice. Conclusion. Thus, the issue of protecting PKWT workers in the outsourcing system cannot be understood solely as a matter of compliance; it is also related to how the state carries out its supervisory function and ensures clarity of responsibilities in employment relations. Implementation. Without this, the gap between norms and practices will persist, and worker protection will be difficult to fully realize.
Legal Strength of A Peace Deed Made Before A Notary In Dispute Resolution Out of Court Dini Septiani; Harmono Harmono; Jaenudin Umar
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1219

Abstract

Background. The option to resolve disputes out of court is increasingly being used, especially when parties want a quicker, less protracted process. In practice, peace agreements are often expressed as deeds executed before a notary in the hope of achieving greater legal force. The problem is that this power is not always directly proportional to the effectiveness of its implementation. When an agreement is violated, the peace deed cannot be used directly to enforce the obligation; it must be brought back to court. At this point, a fundamental problem arises regarding the position and effectiveness of the notarial peace deed in the civil law system. Aims. This research is directed at examining further the legal position of the peace deeds, how the evidentiary force operates, and what happens when the agreement is not implemented. Methods. The approach used is normative, examining relevant laws, regulations, and legal concepts, as well as associated practices. Result. From the results of the analysis, it can be seen that the notarial peace deed is in a position that is not completely single. It has the power of an authentic deed recognized in the proof, but at the same time it still depends on the logic of the agreement, whose execution is determined by the parties. The power of proof does provide certainty about what has been agreed, but it does not necessarily guarantee that the agreement will be implemented without dispute. When a default occurs, the deed serves more as a basis for proof in a new lawsuit than as a tool to enforce it directly. Conclusion. This condition shows that the notarial peace deed is not fully capable of serving as a final instrument for dispute resolution. Therefore, efforts are needed to strengthen its position not only in the evidentiary aspect but also in bridging the implementation of the agreement, so that the goal of resolving disputes outside the court can truly be achieved.
Reconstruction of the Role of Bhabinkamtibmas in Village Food Security: Socio-Legal Analysis of Authority and Social Stability Andri Ritanto; Harmono Harmono
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1222

Abstract

Background. This research departs from the assumption that village food security is determined not solely by production and distribution but also by the social stability that underpins it. In this context, the presence of Bhabinkamtibmas as a police officer at the village level shows an interesting role, although it is not explicitly regulated within the legal framework of food security. Aims. This research aims to analyze how these roles are carried out, examine the basis of their legal authority, and identify obstacles that arise in practice. Methods. The method used is a socio-legal approach that combines normative analysis of laws and regulations with empirical data from interviews in Gegesik Village, Cirebon Regency. Result. The results of the study show that Bhabinkamtibmas are not involved in the technical aspects of food management but rather act as actors of social stabilization through preventive, mediative, and facilitative functions, especially in maintaining a conducive environment for aid distribution and reducing potential conflicts. However, this role remains within the realm of implicit authority and has not been normatively integrated into food security policies. Conclusion. This condition shows that there is a gap between collaborative practice in the field and legal construction that is still sectoral. Implementation. Therefore, it is necessary to strengthen institutional coordination and integrate social security dimensions into the formulation of village food security policies to make them more responsive and sustainable.
Efforts to Resolve Conflicts Between Villagers in a Restorative Manner: The Role of Bhabinkamtibmas as Mediators in the Perspective of National and Local Law Ari Mistari; Harmono Harmono
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1223

Abstract

Background. Conflicts between villagers are a recurring phenomenon and cannot always be resolved effectively through formal legal mechanisms. In practice, conflict resolution is more often carried out through social-relationship-based approaches, such as deliberation and mediation involving village officials and communities. Aims. This study aims to examine how conflict resolution among villagers is carried out through a restorative approach, how the role of Bhabinkamtibmas as a mediator is practiced, and how the practice is viewed from the perspective of national and local law. Methods. This research uses a socio-legal approach and a qualitative method, combining normative analysis of laws and regulations with empirical findings in the field. Data were obtained through interviews with Bhabinkamtibmas and village officials, as well as a review of relevant literature and regulations. The analysis was carried out by relating conflict resolution practices to the theoretical framework of restorative justice and the legal construction that governs it. Result. The results of the study show that conflict resolution between villagers through a restorative approach has basically been underway, but does not always reflect the principle of restoring relationships in its entirety. The role of Bhabinkamtibmas is evolving into that of a mediator operating in the social space, but it has not yet been fully supported by a clear legal framework. In practice, conflict resolution is often more of a social compromise shaped by power relations than the result of an ideal restorative process. Conclusion. This research offers a new perspective by positioning restorative justice not merely as a normative concept but as a social practice operating at the intersection of formal law, local norms, and power dynamics in society. Implementation. These findings suggest that the effectiveness of conflict resolution is determined not only by the existence of rules but also by the system's ability to accommodate complex social realities.
Misuse of Village Funds in the Perspective of Village Financial Supervision and Accountability: (Case Study in Mancagar Village, Lebakwangi District, Kuningan Regency) Gina Nurfaidah; Harmono Harmono
Jurnal Legisci Vol 4 No 2 (2026): Vol 4 No 2 October 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i2.1226

Abstract

Background. Village Fund Management is part of public finances and plays an important role in community development and welfare, but remains vulnerable to irregularities due to weak supervision and accountability. Aims. This study aims to identify factors that are obstacles in the supervision of the management of Village Funds, as well as analyze the optimization of the Village Fund supervision mechanism in realizing transparency and accountability. Methods. By using qualitative research methods and empirical juridical approaches. Result. It was found that the misuse of Village Funds is mainly due to weak internal control, lack of guidance and supervision of local governments, low community participation, and dominance of repressive approaches in law enforcement. This condition has implications for the misuse of Village Funds as happened in Mancagar Village, Lebakwangi District, Kuningan Regency. Conclusion. Therefore, it is necessary to optimize the supervision of Village Funds through increasing the capacity of village apparatus, strengthening coaching and supervision by local governments, increasing community participation, optimizing the use of the Siskeudes application, as well as creating village websites and social media, in order to realize transparent and accountable management of Village Funds.
Legal Position and Collaboration Pattern of Village Government and Village Community Institutions in the Management of Village-Owned Enterprises (Bumdes): (Study of Teja Perceka Bumdes, Rajagaluh District) Muhammad Lanang Gilang Gumilang; Harmono Harmono
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1260

Abstract

Background. This paper departs from a simple anxiety: why BUMDes, which are normatively designed as a shared space between the village government and the community, often fail to operate in a completely balanced way in practice. This study seeks to examine the problem through the case of BUMDes Teja Perceka in Rajagaluh District, by tracing how the legal positions of the actors are practiced, how the pattern of relationships is formed, and where the legal problems lie. Method. The approach used is empirical law with a socio-legal perspective, so that what is seen is not only the rules but also how they are implemented in daily life. Results. From the field, it can be seen that the division of authority that has been normatively formulated is not completely limited in practice. The village government is still in a decisive position in the direction of BUMDes policies, while on the other hand, the role of village community institutions has not developed as a truly influential participatory force. The relationships that are formed are closer to coordination that is not entirely equal than deliberative collaboration. In such a situation, the main problem lies not in the lack of rules, but in how they work or do not work in institutional practice. Conclusion. This research has found that strengthening BUMDes is not enough to be pursued through a normative approach alone. What is more urgent is how authority is translated into operational terms, how supervision is carried out in practice, and how the space for participation is opened up, not merely as a formality. Without it, BUMDes will continue to be in a position between two options: recognized as an independent business entity, yet operating in a relationship that still depends on the power of the village government.
Legal Study of Plastic Waste Handling for Street food Business Actors Abim Dwi Nugroho; Dianita Utami; Zahran Muhammad Ikhwan; Endang Sutrisno; Harmono Harmono
Jurnal Impresi Indonesia Vol. 3 No. 5 (2024): Jurnal Impresi Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jii.v3i5.4851

Abstract

In Cirebon City, plastic waste is still an unresolved problem. With the increase in population, there will be an increase in the volume of waste generated by human activities. This study aims to determine the procedures for handling plastic waste and the elements that influence the management of plastic waste in the city of Cirebon. The type of research used is empirical juridical research using qualitative data, initial research by examining secondary data, then continued with research in the field or community. Research data obtained through field observations or obtained through interviews. This research looks at written legal products such as Law Number 18 of 2008 concerning Waste Management, and Cirebon City Regional Regulation Number 4 of 2018 concerning Waste Management. Research on this issue is carried out descriptively analytically, explaining how written law can prevent environmental pollution. Waste management is difficult to resolve due to lack of awareness among business actors and insufficient socialization and efforts from the government. Law No. 18/2008 contains administrative provisions, civil liability, several rights to sue, and criminal sanctions. Regarding administrative sanctions, the above regulation authorizes the regent/mayor to impose administrative sanctions on waste managers who violate the provisions stipulated in the permit. The sanctions given are in the form of government coercion, forced money, and license revocation.
Kajian Normatif Tanggung Jawab Hukum Pelaku Usaha atas Kegagalan Pengembalian Dana dalam Transaksi E-Commerce Ervan Ervian; Harmono
Jurnal Ilmu Multidisiplin Vol. 5 No. 2 (2026): Jurnal Ilmu Multidisplin (Juni - Juli 2026)
Publisher : Green Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jim.v5i2.2237

Abstract

Pertumbuhan e-commerce di Indonesia memunculkan permasalahan kegagalan pengembalian dana (refund) yang merugikan konsumen, didukung data YLKI 2023 bahwa 40% pengaduan konsumen berkaitan dengan sengketa refund. Penelitian ini bertujuan menganalisis pengaturan hukum positif Indonesia mengenai tanggung jawab pelaku usaha e-commerce atas kegagalan refund berdasarkan UU No. 8 Tahun 1999 tentang Perlindungan Konsumen dan UU ITE, serta merumuskan bentuk tanggung jawab hukum yang dapat dibebankan. Metode yang digunakan adalah yuridis normatif melalui pendekatan perundang-undangan, konseptual, dan kasus. Hasil penelitian menunjukkan kerangka normatif yang ada masih mengandung celah hukum berupa ketiadaan pengaturan teknis prosedur refund, klausula eksonerasi yang melanggar Pasal 18 ayat (1) UUPK, serta ambiguitas prinsip safe harbour Pasal 15 ayat (3) UU ITE. Pelaku usaha dapat dikenakan empat bentuk pertanggungjawaban kumulatif yakni strict liability, perbuatan melawan hukum berdasarkan Pasal 1365 KUHPerdata, wanprestasi atas perjanjian elektronik, dan vicarious liability bagi marketplace. Inkonsistensi putusan antara PN Medan No. 183/Pdt.G/2018 dan PN Jakarta Selatan No. 629/Pdt.G/2020 menegaskan persoalan utama terletak pada konsistensi penegakan hukum, bukan substansi regulasi.
Co-Authors Abid Nur Fariz Pamungkas Abim Dwi Nugroho Ade Solahudin Adien Trisha Maulani Aghny Nabila Fachruzia Agus Dimyati Agus Jaelani Amara Az Zahra Pratiwi Ananda Gymnastiar Dwijaya Ananda Gymnastiar Dwijaya Andrey Kristianto Andri Ritanto Angga Nurhadinata Annisa Firdiana Maharani Ari Mistari Ari Nurhaqi Aria Wirakusuma Azhar Khoerul Bariyah Darda Bagus Trie Ramandha Hentrisman Barlian Mahia Nurwahyu Benny Novico Zani Candra Ermala Candra Wibowo Dadan Taufik Fathurohman Dadan Taufik Fathurohman Dela Rezki Silfia Deni Yusup Permana Devi Novira Dhea Aulia Azzahra Dianita Utami DIKRI ARAHMAN Dini Septiani Dino Ubassandrio Efionita Sepfiani Endang Sutrisno Endang Sutrisno Ervan Ervian Fahmy Fauzan Alawy Fani Zahara Suwarno Putri Farhan Ahmad Fathurahman Farhan Haban Nugraha Gibran Muhammad Gaza Palestin Gina Nurfaidah Gunawan, Moh Sigit Hartono Hartono Henda Henda Henny Saida Flora Ibnu Sina Nur Ubay Imaduddin Bagassalam Indra Pratama Putra Jaenudin Umar Judijanto, Loso Kadir, Taqyuddin Kartono Kartono Kemmala Dewi Kitfiyatun Nisah Kobul Nugraha Liu Yang Livia Alves Mochamad Fachrurozi Mochamad Wildan Khaidar Moh Sigit Gunawan Moh. Sigit Gunawan Mohammad Sigit Gunawan Mohammad Sigit Gunawan Muhammad Fariz Albadi Muhammad Husni Abdulah Pakarti Muhammad Ivan AlRasyid Muhammad Lanang Gilang Gumilang Mukarto Siswoyo Nur Hayati Nur’ Andini Pera Pera Putri Nur Fazriyah Raden Handiriono Raja Ath-Thuur Rabbani Ratu Mawar Kartina Reynaldi Alfarisi Trideta Reza Saputra Rifal Faliansyah Rudi Kurniawan Rudiyanto Rudiyanto Salsabila Dito Putri Sri Primawati Indraswari Subhi Subarka Sun Wei Syaafiyah Abdullah Tri Ramdhani Hariwibowo Tri Wulandari Wahyudin Wahyudin Widiah Sri Astuti Yodie Pratama Yudha Zahran Muhammad Ikhwan Zaidan Rizky Suherman