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All Journal Journal of Innovation Research and Knowledge Journal of Law, Poliitic and Humanities Semarang Law Review PACIVIC: Jurnal Pendidikan Pancasila dan Kewarganegaraan JPLED Journal of International Multidisciplinary Research Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara International Journal of Law and Society Majelis: Jurnal Hukum Indonesia Jurnal Cendekia Ilmiah PESHUM Perspektif Administrasi Publik dan hukum International Journal of Social Welfare and Family Law
M. Syahrul Borman
Unknown Affiliation
Humanities Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Justice and Justice: A Study of the Role of Judges in Answering Society's Need for a Fair Law Taqwanda Aulia Mahfud; M. Syahrul Borman
Journal of Law, Politic and Humanities Vol. 5 No. 6 (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.v5i6.2360

Abstract

Abstract: Law enforcement in Indonesia still faces serious challenges in realizing substantive justice for all levels of society. Inequality in the implementation of the law is often seen in the tendency of the justice system to be more repressive towards the lower classes, while structural crimes such as corruption are difficult to touch optimally. This study investigates the strategic position of judges in addressing society’s demand for equitable law, utilizing a normative juridical lens supported by the Systematic Literature Review (SLR) method. The findings suggest that judges are not merely executors of legal norms, but autonomous agents tasked with interpreting and embodying the living values of justice within society. As Friedman posits, the synergy among legal substance, structure, and culture is essential to ensure the law operates effectively within its sociocultural context. Judges are required to have integrity, professionalism, and social sensitivity in shaping decisions that reflect justice, not mere formal legality. Thus, a judicial paradigm reform is needed to ensure that the law becomes a tool for just and civilized social transformation.
Analisis Kesesuaian Masa Jabatan Pengurus RT dalam Peraturan Bupati Nomor 24 Tahun 2020 Anita Anita; M. Syahrul Borman; Nur handayati
Perspektif Administrasi Publik dan hukum Vol. 2 No. 1 (2025): Januari : Perspektif Administrasi Publik dan hukum
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/perspektif.v2i1.166

Abstract

This study aims to analyze the suitability of the term of office of the Neighborhood Association (RT) administrators with the provisions contained in Regent Regulation Number 24 of 2020 concerning the Organization and Work Procedures of Neighborhood Associations. The term of office of RT administrators is an important aspect in running the government at the village/sub-district level which affects the effectiveness of community services and the sustainability of development programs. Through a normative legal research approach, this study examines whether the provisions on the term of office of RT administrators stated in the regulation are in accordance with applicable legal principles, community needs, and practices in the field. The research methods used are document studies, interviews with RT administrators and related parties, and comparative analysis with similar policies in other areas. The results of the study indicate that there are several discrepancies between the provisions on the term of office stated in the Regent Regulation and the real conditions that occur in the field. Some RT administrators have difficulty in carrying out a term of office that is too short, while others feel that a term of office that is too long can hinder the regeneration of the administration. This study recommends that there be a revision to the Regent Regulation Number 24 of 2020, by considering the existing findings, and providing space for the community to participate more actively in the process of replacing RT administrators.
Legal Protection for Teachers Against Threats of Physical Violence from Parents at School Tatik Ernawati; M. Syahrul Borman; Dedi Wardana Nasoetion; Vallencia Nandya Paramitha; Hartoyo Hartoyo
Journal of International Multidisciplinary Research Vol. 3 No. 12 (2025): Desember 2025
Publisher : PT. Banjarese Pacific Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62504/jimr1411

Abstract

The teaching profession plays a strategic role in advancing national education, as mandated by the 1945 Constitution of the Republic of Indonesia. However, teachers frequently face challenges, including threats of physical violence from students’ parents, which undermine their dignity and safety in the educational environment. This study addresses the problem of how legal frameworks provide protection for teachers and whether existing regulations adequately ensure their rights and security. The research aims to analyze the effectiveness of legal protection for teachers under the Criminal Code, Law No. 14 of 2005 on Teachers and Lecturers, Law No. 35 of 2014 on Child Protection, and Ministerial Regulations concerning teacher protection. The study employs a normative juridical method with a statute, conceptual, and case approach, relying on primary, secondary, and tertiary legal materials, analyzed through qualitative interpretation and juridical argumentation. The results indicate that although legal instruments exist, their implementation remains weak due to the absence of technical regulations, limited institutional coordination, and insufficient support systems for teachers at the school level. The study concludes that derivative regulations and integrated mechanisms are essential for ensuring effective protection. It recommends strengthening inter-agency coordination, establishing school-level protection units, and enhancing teachers’ legal literacy.
Juridical Analysis of Criminal Sanctions in Handling Cases of Sexual Abuse Crimes Committed by Teachers: A Study of Court Decision Number 1649/Pid.Sus/2020/PN.Mks Eko Budi Santoso; M. Syahrul Borman; Nur Handayati
International Journal of Social Welfare and Family Law Vol. 3 No. 1 (2026): January: International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v3i1.554

Abstract

This research aims to analyze the application of material criminal law against perpetrators of sexual abuse crimes against children and examine the judge's considerations in sentencing in cases of sexual abuse against children committed by teachers. The study focuses on Court Decision Number 1649/Pid.Sus/2020/PN.Mks, where a Quran teacher was convicted of committing sexual abuse against several of his students. This normative legal research employs statutory and case approaches, analyzing primary legal materials including the Criminal Code (KUHP), Law Number 35 of 2014 concerning Child Protection, and the aforementioned court decision. The findings indicate that the application of material criminal law in this case has been in accordance with Article 82 paragraph (1), jo Article 76E of the Child Protection Law, where all elements of the crime were proven fulfilled. However, the judge's consideration in sentencing raises critical concerns regarding the application of aggravating factors. Under Article 82 paragraph (4) of the Child Protection Law, when sexual abuse is committed by educators, the punishment should be increased by one-third. The court sentenced the defendant to 6 years and 6 months imprisonment and a fine of Rp. 60,000,000, whereas according to the applicable law with aggravating factors, the sentence should have been 8 years and 8 months imprisonment. The study also identifies obstacles in handling such cases, including children's difficulty in revealing traumatic events, victims' fear and shame, limited witnesses, threats from perpetrators, and inadequate resources. The research recommends consistent application of sentence enhancement for perpetrators who are educators, improved inter-agency cooperation in handling child victims, enhanced school security measures, and comprehensive legal protection for child victims throughout the judicial process.  
Legal Protection for Child Victims of Pedophilia Crimes from a Criminal Law Perspective Budi Prayitno; M. Syahrul Borman; Duduik Djaja Sidarta
International Journal of Social Welfare and Family Law Vol. 3 No. 1 (2026): January: International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v3i1.556

Abstract

Children constitute a vulnerable group requiring protection from sexual crimes, including pedophilia. This research aims to examine criminal law provisions protecting child victims of pedophilia crimes in Indonesia and identify obstacles in their implementation. Using a normative juridical method with statutory and conceptual approaches, the findings demonstrate that legal protection is comprehensively regulated through the Criminal Code (KUHP), the Child Protection Law (Law Number 35 of 2014), Law Number 17 of 2016, and the Electronic Information and Transactions Law (ITE). These regulations provide a strong legal basis both in terms of principal criminal sanctions and additional sanctions such as chemical castration, electronic monitoring device installation, and perpetrator identity disclosure. The regulations also emphasize victims' rights to medical and psychological rehabilitation as well as identity protection. However, implementation faces several obstacles, including low case reporting rates due to stigma and taboo culture, evidentiary difficulties arising from victim trauma, weak inter-agency coordination, limited resources, and the emergence of digital pedophilia modi. Efforts to address these obstacles include strengthening law enforcement capacity, providing child-friendly justice systems, comprehensive rehabilitation services, public legal education, and synergy between government and non-government institutions in child protection.
Proof of Default in Oral Loan Agreements: A Normative Analysis of Civil Law Evidence in Indonesia Paulus Dominggu Soplanit; M. Syahrul Borman; Dedi Wardana Nasution
International Journal of Law and Society Vol. 3 No. 1 (2026): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i1.853

Abstract

Oral loan agreements remain a prevalent form of contract in Indonesian society, particularly within familial relationships, friendships, and informal financial transactions. This study aims to examine the legal standing of oral loan agreements under the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata/KUHPerdata) and to analyse the evidentiary mechanisms applicable in cases of default (wanprestasi). This research employs a normative juridical approach, utilising secondary data sources comprising legislation, legal doctrines, and relevant court decisions. The findings indicate that oral loan agreements are legally valid and binding provided they satisfy the requirements stipulated in Article 1320 of the Civil Code, namely mutual consent, legal capacity, a specific object, and a lawful cause. However, the fundamental weakness of such agreements lies in the evidentiary challenges that arise during dispute resolution. In the absence of written documentation, proof of the agreement's existence and content must rely on alternative forms of evidence, including witness testimony, acknowledgement by the parties, bank transfer records, receipts, electronic communications, and circumstantial evidence as recognised under Article 1866 of the Civil Code and the Electronic Information and Transactions Law. The success of claims in default cases largely depends on the strength, consistency, and relevance of the evidence presented. This study concludes that while oral agreements possess full legal force, parties are strongly advised to document loan transactions in writing or secure supporting evidence to ensure greater legal certainty and facilitate effective dispute resolution.
Pertanggunghawaban Pidana Pelaku Cyber Crime Terhadap Pengedaran Foto Bermuatan Pornografi Di Media Sosial (Studi Ditressiber Polda jatim) Ahmad Mu’Affan Alaufan; M. Syahrul Borman; Nur Handayati
PESHUM : Jurnal Pendidikan, Sosial dan Humaniora Vol. 5 No. 3: April 2026
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/peshum.v5i3.15988

Abstract

The development of information technology has transformed conventional crimes into more sophisticated forms of cybercrime, creating new challenges in law enforcement. One of the emerging issues is the circulation of pornographic images through social media platforms. Therefore, professionalism and expertise of law enforcement officers, particularly investigators from the Indonesian National Police, are required to effectively handle such cases. This research aims to analyze the legal regulation of criminal sanctions against cybercrime involving the distribution of pornographic images on social media and to determine the elements of fault and criminal sanctions as the basis for criminal liability. The study employs a normative juridical research method, focusing on the analysis of statutory regulations, legal principles, court decisions, and legal doctrines related to cybercrime and pornography offenses. The results show that although Indonesia guarantees freedom in accessing information and technology, the state also imposes legal restrictions on activities conducted in cyberspace to prevent criminal acts. The distribution of pornographic content through social media constitutes a violation of decency norms and is subject to criminal sanctions under several legal instruments, particularly the Law on Information and Electronic Transactions (ITE Law) and the Pornography Law. Criminal liability can be imposed when the elements of unlawful acts, fault, and the capability of the offender to be held responsible are fulfilled. Thus, law enforcement against cybercrime involving pornographic content requires strict application of legal provisions to ensure legal certainty, protect public morality, and maintain social order.
Criminality of Child Involvement in Prostitution thru Online Media: Educational Study and Prevention Efforts Fita Fitriana Parwahadi; M. Syahrul Borman; Irawan Soerodjo
Journal of Practice Learning and Educational Development Vol. 6 No. 1 (2026): Journal of Practice Learning and Educational Development (JPLED)
Publisher : Global Action and Education for Society

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58737/jpled.v6i1.975

Abstract

This research examines the legal consequences for perpetrators of online prostitution involving minors and analyzes legal protections for children as victims and offenders. The online prostitution phenomenon is increasingly alarming, with minors becoming subjects of covert yet widespread sexual exploitation. This study employs a normative juridical method using statute, conceptual, and case approaches. Based on analysis of legislation and court rulings, pimps and service users are subject to strict criminal sanctions, while child offenders are processed through the juvenile justice system with restorative justice and diversion approaches. Legal protection for children includes both preventive and repressive aspects but faces challenges in implementation. The study highlights the importance of government, community, and family roles in preventing and protecting children from online prostitution practices.
Co-Authors Ahmad Mu’Affan Alaufan Anita Anita Budi Prayitno Dedi Wardana Nasoetion Dedi Wardana Nasution Dudik Djaja Sidharta Duduik Djaja Sidarta Edwin Hendrik Eko Budi Santoso Fita Fitriana Parwahadi Fitri Ayuningtiyas Hartoyo Hartoyo Irawan Soerodjo M. Abdul Hasyim M. Alvan Nur Rosyid Noenik Soekorini Nur handayani Nur Handayati Paulus Dominggu Soplanit Rajendra Dharmalingga Wiritanaya Samsudin Samsudin Senja Dwi Prasetyo Sholichudin Sholichudin Siti Marwiyah Sri Astutik Suantono Subekti Subekti Taqwanda Aulia Mahfud Tatik Ernawati Vallencia Nandya Paramitha Yulis Fransepontri Zakky Maulana Afizuddin