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All Journal Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Journal Indonesia Law and Policy Review (JILPR)
Nurdiana, Citra
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS YURIDIS TERHADAP PRAKTIK PENAHANAN IJAZAH DALAM HUBUNGAN KERJA DI INDONESIA Syaharani, Nabilah; Fitrianto, Bambang; Nurdiana, Citra; Saputra, Defri Dwi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 1 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i1.594

Abstract

The practice of withholding diplomas by employers within employment relationships in Indonesia has become a controversial phenomenon, despite lacking any legal legitimacy. This study aims to analyze this practice from the perspectives of labor law and human rights, as well as its implications for workers. The research employs a normative juridical method, using a statute approach and conceptual approach to examine relevant legislation and legal doctrines. The findings reveal that withholding diplomas violates Article 169 of Law Number 13 of 2003 on Manpower and the principles of human rights as stipulated in Law Number 39 of 1999, as it restricts workers’ rights to freely pursue employment and maintain possession of their personal documents. Contractual clauses that permit diploma retention contradict the principle of freedom of contract and may be deemed null and void. The implications of this practice include industrial power imbalances, psychological distress, and restricted labor mobility. The study recommends legislative revisions to explicitly prohibit diploma withholding, stricter supervision by labor authorities, and increased stakeholder education. These findings contribute to the broader discourse on labor law and the protection of workers’ rights in Indonesia.
PERLINDUNGAN HUKUM BAGI REMAJA PEREMPUAN DARI KEKERASAN SEKSUAL VIA MEDIA SOSIAL Syaharani, Nabilah; Rahmayanti, Rahmayanti; Nurdiana, Citra; Saputra, Defri Dwi; Harahap, Rizki Nanda Fauzi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.596

Abstract

Technological advancements have significantly transformed modes of communication in society, particularly among adolescents. Social media has become the primary space for interaction; however, it also presents negative impacts, one of which is online-based sexual violence. Adolescent girls are the most vulnerable group to such violence due to their psychological and social conditions, which are still in developmental stages. This study aims to analyze the forms of sexual violence perpetrated through social media and to assess the effectiveness of existing legal protections available for adolescent girls as victims. The research employs a normative juridical method with statute and conceptual approaches. The findings indicate that digital sexual violence—including the non-consensual dissemination of intimate content, cyberstalking, and sexually charged comments—constitutes criminal acts punishable under the Sexual Violence Crimes Law (UU TPKS), the Electronic Information and Transactions Law (UU ITE), and the Indonesian Penal Code (KUHP). However, weak law enforcement and prevailing victim-blaming culture exacerbate the victims' conditions. Prevention must be pursued collaboratively through digital literacy education, community empowerment, the establishment of safe reporting mechanisms, and firm legal enforcement. Social media must be managed as a safe and equitable space, rather than a platform for exploitation.
LEGAL MEMORANDUM TENTANG WANPRESTASI: ANALISIS PUTUSAN PENGADILAN TINGGI SEMARANG Nomor 460/PDT/2020/ PT SMG Syaharani, Nabilah; Fitrianto, Bambang; Nurdiana, Citra; Saputra, Defri Dwi; Harahap, Rizki Nanda Fauzi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.599

Abstract

This study examines a breach of contract case in a lease agreement, as reflected in the Decision of the Semarang High Court Number 460/PDT/2020/PT SMG. The dispute originated from the Plaintiff's claim that the Defendant had failed to pay the remaining lease amount of Rp 40.000.000. However, the Defendant successfully demonstrated that an overpayment of Rp 20.000.000 had occurred beyond the agreed contractual obligation. Additionally, the Defendant raised an exception regarding the absence of necessary parties (Plurium Litis Consortium), arguing that the Plaintiff had acted individually without including other heirs of the leased property, which was part of an inherited estate. This research adopts a normative juridical method with statutory and case approaches. Data were drawn from primary and secondary legal materials and analyzed qualitatively using a descriptive approach. The analysis reveals that the panel of judges upheld the Defendant’s exception and declared the Plaintiff’s claim inadmissible (Niet Ontvankelijke Verklaard), without proceeding to the merits of the case, on the grounds of a formal defect. Furthermore, the claim was considered obscuur libel (vague), as it failed to specify the legal basis for the alleged breach of contract. This study underscores the importance of fulfilling formal requirements in civil litigation, including clarity in the content of the claim and completeness of the involved parties, to preserve the right to substantive examination. The decision provides a valuable legal lesson on the critical role of documentation, evidence, and the structural formulation of a lawsuit in upholding justice in civil cases.
LEGAL REVIEW OF THE EFFECTIVENESS OF PROVIDING LEGAL AID BY ADVOCATES THROUGH DIGITAL MEDIA Ismaidar; Syaharani, Nabilah; Nurdiana, Citra; Saputra, Defri Dwi; Haharap, Rizki Nanda Fauzi
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 2 (2025): Journal Indonesia Law and Policy Review (JILPR), February 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i2.418

Abstract

Technological advances in Indonesia have driven transformations in various sectors, including in the provision of legal aid services by advocates. This study examines the effectiveness of providing legal aid through digital media from a legal perspective, focusing on the opportunities and challenges faced in its implementation. Through a normative legal approach, this study analyzes the legal framework governing the practice of digital legal aid, including the Advocates Law, the ITE Law, and the Advocate Code of Ethics. The results of the study indicate that providing legal aid through digital media can increase the accessibility of legal services, especially for people in remote areas. However, its implementation still faces various challenges, such as the absence of specific regulations, data security issues, and digital infrastructure gaps. Advocates who provide services online can be categorized as Electronic System Organizers who must comply with the provisions of the ITE Law, especially regarding data protection and electronic transaction security. This study concludes that comprehensive regulatory updates are needed to regulate the practice of digital legal aid, as well as improving digital infrastructure and literacy to ensure service effectiveness. Key recommendations include the preparation of technical guidelines for the provision of digital legal aid and strengthening data security systems to protect client interests.
JURIDICAL REVIEW OF THE EFFECTIVENESS OF LEGAL AID PROVISION BY ADVOCATES THROUGH DIGITAL MEDIA Ismaidar; Sayaharani, Nabilah; Nurdiana, Citra; Saputra, Defri Dwi; Haharap, Rizki Nanda Fauzi
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.424

Abstract

The rapid advancement of technology in Indonesia has catalyzed transformation across various sectors, including the provision of legal aid services by advocates. This study investigates the effectiveness of delivering legal aid through digital media from a juridical perspective, with particular emphasis on the opportunities and challenges associated with its implementation. Employing a normative juridical approach, the research examines the legal frameworks regulating digital legal aid practices, notably the Advocate Law, the Electronic Information and Transactions (ITE) Law, and the Advocate Code of Ethics. The findings indicate that digital media can significantly enhance the accessibility of legal services, particularly for communities in remote areas. Nevertheless, the implementation of digital legal aid faces persistent challenges, including the absence of specific regulatory provisions, concerns over data security, and disparities in digital infrastructure. Advocates providing online legal services may be classified as Electronic System Providers and are thus obliged to comply with the provisions of the ITE Law, especially those relating to data protection and the security of electronic transactions. The study concludes that comprehensive regulatory reforms are essential to govern the practice of digital legal aid effectively, alongside efforts to improve digital infrastructure and literacy. Key recommendations include the development of technical guidelines for digital legal aid delivery and the reinforcement of data security systems to safeguard clients’ interests.
Co-Authors Fitrianto, Bambang Haharap, Rizki Nanda Fauzi Harahap, Rizki Nanda Fauzi Ismaidar I, Ismaidar Rahmayanti Rahmayanti Saputra, Defri Dwi Sayaharani, Nabilah Syaharani, Nabilah