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All Journal Equivalent: Jurnal Ilmiah Sosial Teknik Journal Of Law Sciences (Legisci)
Harmono Harmono
Swadaya Gunung Jati University, Cirebon
Economics, Econometrics & Finance Electrical & Electronics Engineering Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Effectiveness Of Cirebon City Regional Regulation No. 4 Year 2013 On Violations Of The Distribution And Sale Of Alcoholic Beverages In Cirebon City Yodie Pratama Yudha; Farhan Ahmad Fathurahman; Nur Hayati; Harmono Harmono; Moh Sigit Gunawan
Equivalent: Jurnal Ilmiah Sosial Teknik Vol. 6 No. 2 (2024): Equivalent: Jurnal Ilmiah Sosial Teknik
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jequi.v6i2.182

Abstract

The objectives of this study are: a) To determine the effectiveness of Cirebon City Regional Regulation No. 4 of 2013 concerning the prohibition of the circulation and sale of alcoholic beverages in Cirebon City; b) To investigate the efforts of the Cirebon City government in tackling the circulation of liquor following the issuance of the Regulation of the Minister of Trade No. 20/M-DAG/PER/4/2014. This study uses a qualitative method. The population includes the Cirebon City Government and the Cirebon City DKUKMPP Office, where alcoholic beverages are sold. The sampling technique used allows the researcher to select information sources based on their relevance and ability to provide necessary data. The data analysis is conducted qualitatively, involving the following steps: 1) Completing any missing data to ensure it is comprehensive and accurate; 2) Reducing and summarizing collected data to focus on key points, which are then systematically organized. The research findings indicate that the circulation of alcoholic beverages in Cirebon City has many adverse effects and negatively influences its development as a City of Guardians. This prompted the local government to prohibit liquor circulation. However, the enforcement of this prohibition has been hindered by the issuance of the Minister of Trade Regulation No. 20/M-DAG/PER/4/2014, complicating efforts by Satpol PP to regulate liquor in certain areas of Cirebon City.
Online Dispute Resolution (ODR) in the Digital Business Dispute Resolution System: The Problem of Regulation Fragmentation and Harmonization of the Digital Justice System in Indonesia Ananda Gymnastiar Dwijaya; Harmono Harmono
Jurnal Legisci Vol 3 No 6 (2026): Vol 3 No 6 June 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i6.1181

Abstract

Background. The development of the digital economy has encouraged the transformation of business dispute resolution mechanisms towards the use of Online Dispute Resolution (ODR) as a technology-based dispute resolution instrument. In Indonesia, ODR is developing progressively through various sectoral regulations, such as electronic court mediation, a dispute resolution system for the financial services sector, and an internal dispute resolution mechanism on e-commerce platforms. However, these developments have not been followed by adequate regulatory harmonization and institutional integration. Aims. This study aims to analyze the legal position of ODR within Indonesia's digital business dispute resolution system, identify justice and legal protection issues in ODR practice, and formulate an ideal, harmonized framework for the digital justice system. Methods. This study employs a normative juridical method, using a legislative and conceptual approach. Result. The results of the study show that the main problem of ODR in Indonesia no longer lies in the absence of law, but in the fragmentation of regulations, weak interoperability between digital dispute resolution institutions, and the dominance of private platforms that have the potential to give birth to algorithm-based automated private justice without adequate supervision. Conclusion. The lack of synchronization between ODR and the personal data protection regime, and the absence of an AI Governance framework, show that the digitalization of dispute resolution cannot fully guarantee digital justice. Implementation. It is necessary to harmonize regulations by developing an ODR system interoperable with e-Court, BPSK, and other dispute resolution institutions, accompanied by the standardization of private ODR operators and the strengthening of artificial intelligence governance in the Indonesian legal system.
Construction of Marketplace Responsibility In Consumer Protection of Digital Halal Products In Indonesia Ananda Gymnastiar Dwijaya; Harmono Harmono
Jurnal Legisci Vol 3 No 1 (2025): Vol 3 No 1 August 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i1.898

Abstract

Aims. This study analyzes the construction of marketplace liability in protecting consumers of halal products in Indonesia's digital economy. Methods. The research employs a normative legal method with statutory, conceptual, comparative, and case approaches. Data were obtained from primary legal materials such as laws, government regulations, and ministerial regulations, as well as secondary sources, including academic journals and reports from halal certification authorities. Result. The findings reveal that marketplaces cannot be considered neutral intermediaries, but rather business actors under the Consumer Protection Law, with obligations to ensure the accuracy and truthfulness of halal claims. The absence of explicit technical regulations on halal verification in electronic commerce has created a legal vacuum that weakens consumer protection. Comparative analysis of Malaysia, the United Arab Emirates, and the European Union shows that due diligence obligations for platforms have proven effective in minimizing false halal claims. Conclusion. This study concludes that Indonesia requires conditional safe harbor mechanisms, layered accountability, and mandatory integration with BPJPH's halal database to strengthen legal certainty and consumer trust in the halal digital ecosystem.
Legal Responsibility of Marketplaces in Online Buying and Selling Transactions in Indonesia: An Analysis of the Effectiveness of Digital Consumer Protection Ibnu Sina Nur Ubay; Reza Saputra; Harmono Harmono; Jaenudin Umar
Jurnal Legisci Vol 3 No 4 (2026): Vol 3 No 4 February 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i4.1058

Abstract

Background. This study analyzes the effectiveness of consumer protection regulations in online buying and selling transactions in Indonesia by highlighting the gap between normative legal certainty and real protection experienced by consumers in the digital marketplace ecosystem. The scope of the study includes the implementation of consumer protection laws in e-commerce transactions as well as structural, institutional, and sociological factors that hinder their effectiveness. Aims. The research aims to critically examine the application of the applicable legal framework in practice and to identify systemic causes of repeated violations, such as mismatches in goods, misleading product information, and limitations in consumer rights recovery mechanisms. Method. The method used is normative legal research, drawing on legislative, conceptual, and analytical-critical approaches. Primary legal materials consist of laws and regulations related to consumer protection and electronic transactions, supported by secondary legal materials from reputable international journals, OECD and UNCTAD reports, and documentation of consumer complaints over the last five years. Data were collected through literature review and document analysis, with validation using source triangulation and theory. Results. The results of the study show that although the normative framework for consumer protection in Indonesia is relatively comprehensive, its implementation in e-commerce remains weak due to weak law enforcement, low consumer legal literacy, fragmentation of responsibilities among digital business actors, and regulatory ambiguity regarding the role of marketplaces. Conclusion. Using Legal System Theory, information asymmetry, contractual justice, and economic analysis of the law, this study concludes that consumer protection remains dominant in the books but has not fully functioned in practice. Implementation. It is necessary to strengthen market accountability, simplify digital dispute-resolution mechanisms, and increase consumer legal literacy.
Implementation of the Restorative Approach in Traffic Accident Cases by the Indonesian Prosecutor's Office Imaduddin Bagassalam; Harmono Harmono; Dadan Taufik Fathurohman
Jurnal Legisci Vol 3 No 4 (2026): Vol 3 No 4 February 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i4.1086

Abstract

Background. Traffic accidents are a form of criminal acts that occur quite often in the community and often have a significant impact, both in terms of physical, psychological, and social. Although the perpetrator may not be motivated by intent, they may still be subject to legal sanctions under applicable regulations. To achieve a fairer, more humane, and more efficient justice system, the Attorney General's Office of the Republic of Indonesia issued Regulation No. 15 of 2020 on the Termination of Prosecutions Based on the Principles of Restorative Justice. Aims. The purpose of this study is to analyze the application of restorative justice in traffic accident cases and to evaluate the barriers to its implementation and the factors that support its implementation. Method. The method employed combines a normative and empirical juridical approach, with data collected through literature reviews, interviews, and documentation. Conclusion. The study's findings indicate that the restorative justice approach offers a more peaceful and equitable settlement for all parties involved. However, there remain challenges, including limited understanding among law enforcement officials, low community participation, and weaknesses in oversight mechanisms. Implementation. Therefore, it is necessary to strengthen policies, continue training for prosecutors, and enhance community legal understanding so that restorative justice can be applied optimally and consistently in Indonesia.
Groundless Land Claims: Systemic Failures in Land Tenure Rights Protection in Indonesia Kobul Nugraha; Harmono Harmono
Jurnal Legisci Vol 3 No 5 (2026): Vol 3 No 5 April 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i5.1158

Abstract

Background. The phenomenon of baseless land claims in Indonesia is an the rise and can no longer be treated as an ordinary civil dispute. This practice often involves manipulating documents, pseudo-physical possession, and the use of legal loopholes to legitimize unauthorized claims. Aims. This study aims to analyze the practice of baseless land claims from a positive legal perspective, identify systemic failure factors in land law, and formulate an ideal legal protection model for legitimate landowners. Methods. The method used is normative juridical, with a legislative, conceptual, and case-based approach, supported by studies of primary and secondary legal materials. Result. The results of the study show that the practice of baseless land claims is a form of abuse of legal instruments supported by weaknesses in the institutional structure, gaps in the substance of the law, and a legal culture that has not supported integrity. On the other hand, legal protection for legitimate landowners has not been effective, either preventively through the land registration system or repressively through judicial mechanisms. Conclusion. Therefore, systemic reform is needed through the digitization and integration of land data, the strengthening of supervision and law enforcement, and the expansion of access to justice for the community. Implementation. This study emphasizes that groundless land claims are an indicator of the state's failure to ensure legal certainty regarding ownership rights, making comprehensive reform in land governance in Indonesia an urgent need.
Legal Certainty of Crew Protection in Controlled Narcotics Schemes: A Doctrinal Analysis of Mens Rea and Actus Reus Rudiyanto Rudiyanto; Harmono Harmono
Jurnal Legisci Vol 3 No 5 (2026): Vol 3 No 5 April 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i5.1159

Abstract

Background. Problems arise when the crew is often positioned as perpetrators of narcotics crimes without adequate evidence related to malicious intent (mens rea) and unlawful acts (actus reus), especially in the context of limited knowledge and control of the ship's cargo. Aims. This article aims to analyze the legal certainty in the protection of crew members who are indirectly involved in controlled delivery schemes, with an emphasis on the doctrinal construction of the elements of mens rea and actus reus in criminal law. Methods. This research employs normative juridical methods, drawing on legislative, conceptual, and comparative legal approaches, and is supported by an analysis of relevant law enforcement practices. Result. The results of the study show that there is a tendency to apply the strict liability approach in narcotics cases involving crew members, which in practice obscures the fundamental principle of geen straf zonder schuld (no crime without fault). In addition, the construction of actus reus is often disproportionately expanded to include individuals who have neither effective control nor real involvement in criminal acts. This condition creates legal uncertainty and may violate the principles of justice and the protection of human rights. Conclusion. This article argues that proof of mens rea should be a central element in the attribution of criminal liability to the crew, and emphasizes the importance of strictly limiting the interpretation of actus reus. As a recommendation, it is necessary to reformulate the narcotics criminal law policy to be more oriented towards the principle of culpability, to strengthen evidentiary standards, and to align it with international legal instruments. Implementation. Thus, it is hoped that a balance will be created between the effectiveness of narcotics eradication and fair legal protection for the crew.
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.
Co-Authors Ade Solahudin Agus Jaelani Ananda Gymnastiar Dwijaya Andri Ritanto Ari Mistari Candra Ermala Dadan Taufik Fathurohman Dini Septiani Farhan Ahmad Fathurahman Gina Nurfaidah Ibnu Sina Nur Ubay Imaduddin Bagassalam Jaenudin Umar Kobul Nugraha Moh Sigit Gunawan Muhammad Lanang Gilang Gumilang Nur Hayati Reza Saputra Rudiyanto Rudiyanto Yodie Pratama Yudha