Engrina Fauzi
Prodi S1 Ilmu Hukum, Fakultas Hukum, Ilmu Sosial dan Humaniora, Universitas Dharma Andalas

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Pengaturan Hukum Teknologi Blockchain Dan Penerapannya Dalam Transaksi Bisnis Di Indonesia Salsabilla .; Engrina Fauzi
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 4 (2026): Januari-Februari
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/6se9ay66

Abstract

The Disruption Era, also known as the 5.0 Revolution, is directing the world toward a new phase that encompasses various aspects of life, one of the most significant being the economic sector. Developments in the economy during this era are synergistically linked with technological advances and the accessibility of legal enforcement. This research aims to evaluate the challenges in implementing blockchain in Indonesia, particularly in technical and regulatory aspects. It also identifies potential legal risks arising from the use of blockchain technology without adequate regulation. This study employs a normative juridical method, which examines law from a normative perspective, viewing it as a set of rules written in legislation, legal doctrines, and court decisions. One of the economic developments in the disruption era is the emergence of new payment methods in business transactions. Traditionally, transactions have been conducted using conventional currency; however, with the rise of digitalization, business transactions are shifting to the internet-based digital realm. Blockchain technology facilitates and expands applications in various sectors such as digital currencies, logistics, and voting systems. Its use demands strict regulations to ensure secure, trustworthy, and legally compliant implementation. To provide legal certainty and protection in cryptocurrency transactions, the Indonesian government has issued policies to safeguard crypto asset holders. These policies are embodied in Law Number 10 of 2011, which amends Law Number 32 of 1997 on Commodity Futures Trading. Based on the analysis, the author recommends that lawmakers immediately formulate specific and comprehensive regulations regarding blockchain technology. This is due to the urgent need for legal arrangements that are not only sectoral but also integrative across various legal domains, including the legal recognition of blockchain-based transactions, smart contracts, and the decentralized management and accountability of data. Second, overlaps and legal gaps in existing regulations — such as the Electronic Information and Transactions Law, the Personal Data Protection Law, the Currency Law, and the Government Regulation on the Implementation of Electronic Systems and Transactions — must be harmonized. Adjustments should reflect the distinctive characteristics of blockchain technology, including its immutability, transparency, and lack of central authority, to ensure the national legal system can effectively address digital era challenges. Regarding legal protection for users of blockchain technology in cryptocurrency and business transactions, the author proposes the establishment of a specific, integrated regulatory framework that governs the use of blockchain and crypto assets as part of a growing digital ecosystem. This regulation should contain clear provisions on consumer protection, technological standards, data security, and the responsibilities of business actors. Finally, during the transition of supervisory authority from Bappebti to the Financial Services Authority (OJK), the government must ensure that OJK is equipped with the capacity, infrastructure, and legal framework necessary for effective oversight of digital asset trading.
Penerapan Hukuman Mati Bagi Pelaku Residive Tindak Pidana Peredaran Narkotika (STUDI KASUS PERKARA NOMOR 254/PID.SUS/2024/PN PDG) Liza Puspita; Engrina Fauzi
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 4 (2026): Januari-Februari
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/c682gz93

Abstract

The illegal distribution of narcotics in Indonesia has reached a critical point, posing a threat to national stability, public health, and the future of the younger generation. This type of crime is extremely dangerous, so the actions taken must be firm, structured, and based on justice. One form of law enforcement that has received attention is the application of the death penalty, especially for perpetrators who have previously been involved in similar crimes and have served their sentences. This study legally explores the decision of the Padang District Court in case number 254/Pid.Sus/2024/PN Pdg, in which a life sentence was given to the defendant, a recidivist, as an alternative to the death penalty. The legal basis used includes Law Number 35 of 2009 concerning Narcotics, specifically Article 114 paragraph (2), as well as provisions in the Criminal Code (KUHP) and other related laws and regulations. The state is making efforts to eradicate the illicit distribution of narcotics with various approaches, not only through repressive criminal law, but also with preventive, educational, and rehabilitative approaches to protect society, especially the younger generation. The problems discussed in this research are: (1) How does Indonesian positive law regulate the death penalty for recidivists in narcotics trafficking cases?; (2) How effective is the death penalty compared to life imprisonment in preventing recidivism in case 254/Pid.Sus/2024/PN Pdg?; and (3) How does the application of the death penalty compare to countries with civil law systems? The purpose of this study is to legally analyze the application of the death penalty to recidivists in narcotics crimes and to evaluate the legal considerations used by the panel of judges in imposing a life sentence instead of the death penalty, as well as to compare the death penalty with countries that adopt a civil law system. The method used is a normative method with a legislative and case approach, and data collection through literature studies on laws and regulations, legal literature, and court decision documents. The research concludes that drug trafficking, particularly by repeat offenders, poses a serious threat to national security that cannot be optimally addressed. Therefore, a balance is needed between the objectives of punishment and the principle of justice in the implementation of criminal law in Indonesia.  
Pertimbangan Hakim Dalam Perceraian Agama Kristen Di Pengadilan Negeri Padang Kelas 1a  (Studi Kasus No 110/Pdt.G/2024/Pn Pdg) Yulius Rico Andrianto; Engrina Fauzi
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 4 (2026): Januari-Februari
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/4nqek774

Abstract

Divorce in Christian teachings is fundamentally discouraged as it is considered contrary to Biblical principles, particularly in Matthew 19:5–6, which states that marriage is a sacred union that must not be separated by humans. This study aims to analyze the considerations of judges at the Padang District Court in granting a divorce lawsuit involving a Christian couple in Case Number 110/Pdt.G/2024/PN Pdg, as well as to examine its conformity with Protestant church doctrine. The research method used is normative juridical with a statutory and case study approach. The results indicate that the judges granted the divorce based on Law Number 16 of 2019, considering factors such as ongoing disputes, neglect of the husband’s obligations, physical violence, and prolonged separation as regulated in Article 39 of the Marriage Law in conjunction with Article 19 of Government Regulation Number 9 of 1975. However, the decision is not in line with Protestant church teachings, which only recognize divorce in the event of death. This creates a dualism of law, where the couple is legally divorced under state law but remains bound according to church doctrine. The study concludes that there is a fundamental difference between state law and church doctrine in viewing divorce. Therefore, it is necessary to enhance understanding of the sanctity of marriage in Christian teachings, strengthen the role of church counseling and mediation, and encourage cooperation between the courts and the church in handling divorce cases to minimize the negative impacts arising from this discrepancy.