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All Journal Jurnal Akta Syntax Idea Jurnal Sosial dan Teknologi Journal Of World Science Edunity: Kajian Ilmu Sosial dan Pendidikan Journal of Social Science Return : Study of Management, Economic and Bussines INJURITY: Journal of Interdisciplinary Studies Jurnal Indonesia Sosial Sains Jurnal Ekonomi, Teknologi dan Bisnis Journal Customary Law Jurnal Multidisiplin Borobudur Asian Journal of Social and Humanities Constitutum: Jurnal Ilmiah Hukum Rechtsnormen: Journal of Law
Megawati Barthos
Universitas Borobudur
Aerospace Engineering Agriculture, Biological Sciences & Forestry Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mechanical Engineering Neuroscience Physics Public Health Social Sciences

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The Ambivalence of the Nemo Plus Juris Principle in the Validity of Land Transactions in the Digital Verification System Amrullah; Megawati Barthos
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5854

Abstract

The digitalization of land administration has driven fundamental changes in how the validity of land rights transactions is understood and applied in legal practice. The implementation of electronic certificates, database integration, and digital verification mechanisms has strengthened public reliance on the registration system as a source of administrative legitimacy. This development has given rise to normative ambivalence regarding the principle of nemo plus juris, which classically asserts that a person cannot transfer rights beyond what they own. When system data becomes the primary reference for verification, tension arises between the substantive truth of ownership and the administrative validity based on digital registration. This study aims to analyze the paradigm shift in the validity of land transactions in the digital era and formulate a conceptual reconstruction that balances the protection of original owners with the need to maintain legal certainty and transaction stability. The method employed is normative legal research with a limited statutory, conceptual, and comparative approach, through an analysis of the Basic Agrarian Law, Government Regulations on Land Registration, electronic certificate regulations, and electronic system provisions. The results reveal a dualism in validity between substantive and systemic aspects, which has the potential to create legal uncertainty if not clearly regulated. Reliance on digital systems broadens the meaning of legal legitimacy, but also presents the risk of systemic error and an incompletely defined distribution of responsibility. Reconstruction of the validity model is necessary through a reinterpretation of the nemo plus juris principle that adapts to technology, the establishment of digital verification-based due diligence standards, and the development of a legal protection model based on risk allocation. This approach is expected to strike a balance between the efficiency of digitalization and the protection of substantive ownership rights in the modern land system.
Strengthening the Authority of Police Investigators in Addressing Criminal Offenses of Disseminating False News in the Digital Era Apri Aji Setyawan; Megawati Barthos
Journal of World Science Vol. 3 No. 12 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i12.1244

Abstract

The rapid advancement of digital technology has made the dissemination of false news a significant global issue, posing threats to social, political, and economic stability. This research investigates the challenges faced by police investigators in combating the criminal offense of disseminating false news in Indonesia and proposes innovative solutions to strengthen their authority. Using a normative juridical research method, the study explores legal, institutional, and technical factors contributing to investigative inefficiencies. Key issues identified include outdated legal frameworks, limited investigator capacity, weak organizational structures, and insufficient inter-agency collaboration. The study’s novelty lies in its multi-faceted approach to addressing these gaps. It proposes revising legal regulations to align with evolving technological dynamics, establishing more precise definitions of false news, and strengthening legal obligations for social media platforms. Additionally, the research highlights the importance of specialized training and professional certification for police investigators to enhance their technical and investigative skills. An advanced organizational structure is recommended, including the creation of a dedicated cybercrime unit equipped with state-of-the-art technology and international cooperation capabilities. To ensure transparency and accountability, the study also suggests implementing a robust oversight mechanism to monitor investigative actions, prevent abuse of authority, and foster public trust. By integrating these strategies, the proposed solutions aim to create a more effective and technology-responsive law enforcement system capable of addressing the complex challenges posed by the dissemination of false news in the digital age. These recommendations contribute to the broader discourse on modernizing law enforcement in an increasingly digitalized world.
Legal Policy Strategy for Banking Lending in Support of Sustainable Energy Sector to Achieve Community Welfare Redy Rahmad Samosir; Abdullah Sulaiman; Megawati Barthos
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 3 No. 12 (2024): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v3i12.1386

Abstract

The development of the sustainable energy sector in Indonesia is an important effort in supporting the transition to a green economy. This research delineates specific issues to be addressed, focusing on three main questions: (1) What policies govern the distribution of bank credit to support sustainable energy projects undertaken by micro, small, and medium enterprises (MSMEs) in Indonesia? (2) What is the role of government policies and related regulations in supporting sustainable energy financing? (3) What are the challenges that MSMEs face in securing financing for sustainable projects? (4) What areas are the critical areas for policy improvement and regulatory support? This research could explore innovative strategies to enhance understanding of green finance options and improve the readiness of MSMEs to engage with banks. This study contributes to the understanding of the intersection between banking policy, government regulation, and sustainable energy development in Indonesia.
The Role of Artificial Intelligence in the Implementation of Personal Data Protection Law in Indonesia Nina Purwanti; Megawati Barthos; Tri Eka Saputra
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 4 No. 6 (2025): INJURITY: Journal of Interdisciplinary Studies
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v4i6.1448

Abstract

The development of artificial intelligence technology has brought significant impacts in various elements of daily life, such as in systems for managing personal data. Examining how artificial intelligence works in Indonesia's implementation of Law Number 27 of 2022 on the Protection of Personal Data is the aim of this study. The primary subjects of conversation are the legality of handling personal data with AI technology and the function of AI in Indonesia's execution of the Personal Data Protection Act. Normative legal research using a legislative framework is the methodology employed and analytical approach, through literature study of regulations, legal literature, and related policies. The results showed that: The role of artificial intelligence in the implementation of Law No. 27 of 2022 on Personal Data Protection in Indonesia presents both efficiency opportunities and serious challenges to the protection of individual privacy rights. Although this law has adopted data protection principles according to international standards, the unavailability of technical regulations and accountability mechanisms for the use of artificial intelligence creates a legal gap that needs to be addressed immediately. Therefore, legal certainty over the use of this technology requires regulations that are adaptive, principle-based, and uphold human rights through institutional strengthening, algorithmic supervision, and the application of the principle of explainability in responsive and humanist governance. This research recommends the need to strengthen technical regulations, algorithmic accountability mechanisms, and adaptive institutional supervision so that Human rights and legal certainty are upheld when artificial intelligence is used to manage personal data.
Optimization of Personal Data Rights Protection in Artificial Intelligence Era Under Indonesia’s Cybersecurity Law Dwi Nugroho Masudianto; Megawati Barthos
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 4 No. 7 (2025): INJURITY: Journal of Interdisciplinary Studies
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v4i7.1451

Abstract

The unclear regulation regarding Artificial Intelligence (AI) in Law Number 27 of 2022 concerning Personal Data Protection (UU PDP) poses significant challenges in personal data protection in Indonesia, especially in automatic data processing, algorithm transparency, and accountability for AI-based decisions. The current PDP Law focuses on general data protection without explicitly regulating how AI can process, store, and use personal data, thus creating legal loopholes that can be exploited by various parties. The main risks that arise include data exploitation without consent, information leakage, data scraping, and discrimination due to algorithmic bias that may harm certain individuals or groups. In addition, the black box problem phenomenon in AI-based decision-making further complicates legal accountability because the system works in a complex and difficult-to-understand way. Without strict regulations, certain companies or entities can use AI to make decisions that impact individuals without transparency or legal mechanisms that allow data subjects to sue or request explanations. Compared to the EU General Data Protection Regulation (GDPR) which has set transparency and accountability of AI systems laws, the PDP Law has yet to adopt concepts such as Explainable AI (XAI), which ensures that AI decisions can be understood by humans. Therefore, this study highlights the urgency of strengthening personal data protection regulations that cover the use of AI by referring to global practices to create a balance between technological innovation and the protection of individual rights.
Efforts for Reforming the Criminal Justice System in Implementing Rehabilitation Sentences for Drug Abusers Kukuh Setio Utomo; Megawati Barthos
Jurnal Ekonomi, Teknologi dan Bisnis Vol. 3 No. 12 (2024): Jurnal Ekonomi, Teknologi dan Bisnis
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/jetbis.v3i12.164

Abstract

Drug abuse is a serious problem affecting public health and social stability in Indonesia. The criminal justice system often faces challenges in dealing with drug abuse cases, where the punitive approach often ignores the more humane aspects of rehabilitation. This study aims to evaluate the effectiveness of rehabilitation policies in the Indonesian criminal justice system related to drug abuse and identify the obstacles faced by judges in imposing rehabilitation punishment. The research method used is normative legal research, with a statutory approach to analyze various relevant laws and policies. Data was collected through literature study and document analysis. The results showed that there are several obstacles in the implementation of rehabilitation policy, including community stigma towards drug abusers, judges' lack of knowledge about the rehabilitation process, limited rehabilitation facilities, and legal uncertainty. The research also found that despite regulations supporting rehabilitation, practices in the field often favor imprisonment.  To improve the effectiveness of rehabilitation policies, it is important to provide education and training to judges, develop quality rehabilitation facilities, improve inter-agency coordination, and conduct campaigns to reduce social stigma. These measures are expected to shift the paradigm of handling drug abuse from a retributive to a rehabilitative approach, supporting individual recovery and reintegration into society.
Reconstruction of Law Enforcement Against Narcotics Distribution Networks Through A Restorative Justice-Based Money Laundering Criminal Approach for Children Exploited as Couriers Yudi Bintoro; Megawati Barthos
Jurnal Sosial Teknologi Vol. 6 No. 6 (2026): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v6i6.32851

Abstract

The involvement of children as couriers in narcotics distribution networks presents a systemic problem in Indonesian criminal justice, where law enforcement has disproportionately targeted field-level perpetrators while failing to dismantle the economic structures controlled by intellectual actors. This research aims to analyze the normative disharmony between Law Number 35 of 2009 concerning Narcotics, Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering, and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, and to reconstruct a law enforcement model that integrates asset confiscation with restorative justice for exploited children. This research employs a normative legal methodology with statutory, conceptual, and case approaches analyzed qualitatively. The findings reveal that existing regulations lack integration, resulting in the criminalization of child couriers without addressing the financial networks behind them. Money laundering instruments remain underutilized, and diversion mechanisms are often unavailable due to severe sentencing thresholds. The study proposes a reconstructed model that shifts the enforcement focus from "follow the suspect" to "follow the assets," positions children as victims of structural exploitation, and directs them toward restorative mechanisms. In conclusion, integrating asset confiscation against key actors with restorative diversion for children creates a fairer and more effective law enforcement system, ensuring that narcotics eradication targets network structures while safeguarding children's futures
The Normative Antinomy in the Paradox of Customary Rights Protection in the Vortex of Investment and Structural Agrarian Conflict Mustika Mega Wijaya; Megawati Barthos
JURNAL AKTA Vol 12, No 4 (2025): December 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i4.50069

Abstract

The urgency of this research lies in the pressing need to rectify the antinomy of norms between the protection of customary land rights (hak ulayat) and the neoliberal investment regime following the enactment of the Job Creation Law, which has triggered structural agrarian conflicts. This study aims to deconstruct the distorted interpretation of the State Right of Control (Hak Menguasai Negara), which currently legitimizes state-facilitated land grabbing practices through the Land Bank instrument and licensing bureaucracy. Through critical analysis, this study seeks to formulate legal corrections to realign the direction of agrarian politics with the constitutional mandate of social justice. This research employs a normative legal research method focused on examining the antinomy of norms and dogmatic conflicts between the protection regime for customary law communities and the investment acceleration regime within the national agrarian legal system. The study finds that post-Job Creation Law, the agrarian legal paradigm has shifted drastically toward neoliberalism, distorting the state's function into a commercial agent through the Land Bank. Its implementing regulations operate as a legal ecosystem that facilitates the systematic dispossession of people's land and nullifies public participation for the sake of investment. This reduces the philosophy of land to merely a capital asset, perpetuates structural conflicts, and manifestly betrays the constitutional mandate.
The Legality of Mandatory Farewell Donations to Graduating Students Based on Article 12 Letter B Of Permendikbud No. 75/2016 on School Committees Thomy Faisal; Megawati Barthos
Rechtsnormen: Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1655

Abstract

Background: The quality of education services requires continuous improvement, as emphasized by the Minister of Education and Culture, Muhadjir Effendy, through the revitalization of the School Committee's duties under the principle of mutual cooperation. Permendikbud No. 75 of 2016 establishes the School Committee as an independent institution composed of parents, school communities, and concerned community leaders. Despite these provisions, practices such as mandatory farewell donations often resemble illegal levies, contradicting legal culture, decency, and public interest. Objective: This study aims to evaluate the legality of mandatory farewell donations under Article 12 Letter B of Permendikbud No. 75/2016, examining their alignment with the principles of mutual cooperation and accountability. Methodology: The research employs a normative and juridical approach, analyzing data through descriptive analysis to interpret legal and cultural aspects. Findings: Mandatory farewell donations are often framed as agreements between schools, committees, and parents but tend to violate the legal culture's substance. These practices undermine public trust in educational institutions and conflict with legal principles aimed at ensuring fairness and decency in education. Conclusion: Mandatory farewell donations contradict the principles of mutual cooperation and accountability, highlighting the need for improved legal awareness and cultural shifts among education providers to prevent illegal levies.
Analisis Hukum terhadap Kode Etik Kepolisian Republik Indonesia Supriyanto Supriyanto; Megawati Barthos; Haris Farhan
Journal Of Social Science (JoSS) Vol 3 No 6 (2024): JOSS : Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v3i6.326

Abstract

Indonesian National Police Regulation No. 7 of 2022 contains guidelines for ethical behavior known as the Indonesian National Police Code of Ethics. A juridical analysis of the Polri Code of Ethics is important to understand the legal basis, principles, and values that govern the behavior of Polri members in carrying out their duties as law enforcers and protectors of society. This juridical research highlights several important aspects. First, the Polri Code of Ethics is based on the principles of State Ethics, Institutional Ethics, Community Ethics, and Personal Ethics, which emphasize integrity, professionalism, and commitment to moral values in every action of Polri members. Secondly, in a legal context, the Polri Code of Ethics requires compliance with applicable regulations and laws, with the Indonesian National Police Regulation No. 7 of 2022 as the legal basis for the values, standards, and behaviors that must be upheld by members of the National Police. Third, enforcement of the Polri Code of Ethics relies heavily on the Polri Code of Ethics Commission, which is responsible for overseeing and investigating violations of the code in accordance with applicable legal procedures. The legal analysis of the Polri Code of Ethics emphasizes the importance of deeply understanding the values, norms, and ethical obligations of every Polri member to create a professional, clean, and integrity work environment in order to maintain public trust in the police institution.
Co-Authors Abdullah Sulaiman Agus Fahrur Rozi Agus Supriyanto Amrullah Antoni Antoni Apri Aji Setyawan Askolani Jasi Badrunsyah Badrunsyah Bayu Sasongko Dwi Nugroho Masudianto Evita Isretno Israhadi Evita Isretno Israhandi Faisal Santiago Fauzan Fadly Somar Haris Farhan Hesti Lestari Indah Kusuma Wardhani Kukuh Setio Utomo Lutfi Efendi Martin Fredrik Mustika Mega Wijaya Nana Supiana Nina Purwanti Nurlela Rahmad Prasetyo Redy Rahmad Samosir Rohmatullah Rohmatullah Rustam Rustam Saputra, Tri Eka Sumarni Suparno Suparno Supriyanto Supriyanto Thomy Faisal Wita Purnamasari Yose Desman Yudi Bintoro Zudan Arief Fakrulloh