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INDONESIA
UIR LAW REVIEW
Published by Universitas Islam Riau
ISSN : 25487671     EISSN : 2548768X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
UIR Law Review edisi keempat Oktober 2018, menerbitkan artikel tentang Perlindungan Penyandang Disabilitas, Perlindungan Konsumen, Asuransi, Aplikasi Berbayar, Statuta Roma, Alternatif Penyelesaian Sengketa, Kontrak, Pengelolaan Air Limbah, Perkawinan, Pajak dan Restribusi.
Arjuna Subject : -
Articles 313 Documents
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Misuse of Land Rights by Developers and Consumer Protection for Property Buyers: Penyalahgunaan Hak Tanah oleh Developer dan Perlindungan Konsumen Pembeli Properti Berlian, Cheny; AKbar Santoso, Mulia; Aksar
UIR Law Review Vol. 9 No. 2 (2025): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2025.vol9(2).25099

Abstract

The rapid property development in Indonesia is often followed by issues related to land rights abuse by developers, which harms consumers in property transactions. One of the main problems is the sale of land with unclear legal status or land under dispute, leading to the risk of consumers losing their property rights. This study aims to analyze the impact of land rights abuse by developers on consumer protection and the implementation of the Consumer Protection Law in improving dispute resolution mechanisms in cases of developer default. The study uses a normative legal research method with a descriptive-analytical approach, analyzing applicable regulations, legal principles, and relevant legal theories. Data was collected through library research using primary and secondary data sources and analyzed qualitatively. The results indicate that land rights abuse by developers significantly impacts consumers, both financially and psychologically. Developer defaults related to delays, discrepancies in property specifications, and land legal issues increase consumer distrust in the property sector. The implementation of the Consumer Protection Law through the Consumer Dispute Settlement Body (BPSK) can improve dispute resolution mechanisms, although challenges in consumer awareness and the enforcement of BPSK decisions still need to be addressed. Stronger law enforcement and improved transparency will enhance consumer protection.
The Implementation of the Principle of Simple, Fast and Low-Cost Justice in the Legal Jurisdiction of the Pekanbaru High Religious Court: Pengejawantahan Asas Peradilan Sederhana, Cepat dan Biaya Ringan Yurisdiksi Hukum Pengadilan Tinggi Agama Pekanbaru Marta, Fajar; Sutomo
UIR Law Review Vol. 9 No. 2 (2025): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2025.vol9(2).25247

Abstract

The implementation of the principles of simple, swift, and low-cost justice in the current development of law is influenced by digitalization, therefore the Supreme Court of the Republic of Indonesia issued legal regulation PERMA Number 7 of 2022. In implementing the technical guidelines of PERMA 7 of 2022, the Supreme Court of the Republic of Indonesia issued Circular Letter No. 1 of 2023 concerning Procedures for Summons and Notifications via Registered Mail, which was then realized in a Cooperation Agreement on the Delivery of Registered Letters between the Supreme Court of the Republic of Indonesia and PT. Pos Indonesia (Persero) as a serious and focused commitment to realizing an electronic, modern, efficient, and fast court system. The purpose of this study is to determine how the principles of simple, fast, and low-cost justice are implemented in the jurisdiction of the Pekanbaru Religious High Court, and what are the obstacles to summons/notification by registered mail in the settlement of cases under the jurisdiction of the Pekanbaru Religious High Court. This research method is through digital literature study, while the data used in this research is primary data obtained directly from the source, namely the Letter of the Director General of the Religious Court Agency Number: 3867/DJA/TI1.1.1/XII/2024, the Performance of the Badilag Work Unit, and the Case Tracking Information System (SIPP).
A Disparitas Putusan Hakim Dalam Perkara Tindak Pidana Penggelapan Dalam Jabatan: Disparitas Putusan Hakim dalam Perkara Tindak Pidana Penggelapan dalam Jabatan Aprizal, Joni; Marlinah
UIR Law Review Vol. 9 No. 2 (2025): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2025.vol9(2).25476

Abstract

The research aims to examine the causes of disparity and the basis for judges' considerations in deciding cases of Embezzlement in Office with a focus on Decision Number: 31/Pid.B/2024/PN Bgl, Decision Number: 161/Pid.B/2024/PN Bgl and Decision Number 396/Pid.B/2024/PN Bgl. This research uses a normative juridical approach based on law, theories, principles and legal concepts. The legal materials used include primary, secondary, and tertiary legal materials. The results of the study indicate that the Defendant's actions fulfill the elements of Article 374 of the Criminal Code concerning embezzlement in office and the factors that cause disparity in judges' decisions are as follows: a. Factors of power and freedom of judges, b. Factors of evidence in court, c. Factors of judges' considerations in giving decisions, which consist of legal considerations and non-legal considerations, and d. Factors of uncertainty in sentencing guidelines
Pertanggungjawaban Hukum Penyalahgunaan Artificial Intelligence dalam Tindak Pidana di Indonesia: Kecerdasan Buatan Junaidi, Junaidi; Fadzil, Rozlinda Mohamed; Vejasak, Tharin Phanuphong
UIR Law Review Vol. 10 No. 1 (2026): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2026.vol10(1).24400

Abstract

Basically, artificial intelligence (AI) is a program or machine created by humans that aims to mimic human abilities in various types of tasks. Considering that Indonesia does not yet have specific regulations regarding AI, the ability of AI to act like humans raises legal issues, especially when AI commits criminal acts that harm others. The research method used is normative juridical research, which employs a statutory approach and a conceptual approach. Laws and regulations related to the subject of the research are evaluated through a legislative approach. The analysis results show that AI can only be considered as a legal object in Indonesian positive law. Humans are absolute legal subjects and possess awareness and intent in actions carried out through AI, the creators and users of AI are responsible for AI's actions in criminal law
When Marriage Guardians Refuse: Can Religious Courts Ensure Justice? Salma, Salma Mis Aziziah; Muamar, Afif; Nursyamsudin, Nursyamsudin; Ezzerouali, Souad Ahmed; Fuad, Ibrahim Ahmed
UIR Law Review Vol. 10 No. 1 (2026): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2026.vol10(1).25090

Abstract

This study analyzes the judicial reasoning and legal implications of a wali adhol (unjustified refusal of a marriage guardian) decision in the Sumber Class 1A Religious Court, Case Number 83/Pdt.P/2025/PA.Sbr. The case concerns the appointment of a wali adhol to authorize the marriage contract on behalf of a prospective bride whose legal guardian refused without valid justification. The research addresses two main questions: how the concept of wali adhol is applied within the court’s decision, and how the ruling affects the legal validity of marriage and the protection of the parties’ rights. Using an empirical juridical method, this study examines court documents, judicial considerations, and procedural practices as primary data. The findings show that the court’s decision is grounded in Islamic legal principles as codified in the Compilation of Islamic Law and the Indonesian Religious Court Law. The judge determined that the refusal of the original guardian constituted adhol, thereby justifying the transfer of guardianship authority to a state-appointed guardian to ensure the validity of the marriage. The ruling confirms that the appointment of a wali adhol is legally valid and results in a lawful marriage under Indonesian Islamic family law. This article contributes to the discourse on Islamic family law in Indonesia by demonstrating how Religious Courts function as corrective institutions to prevent guardianship abuse, while ensuring both legal certainty and protection of women’s marital rights within the framework of state-administered Islamic law.
KEKERASAN EKONOMI DALAM RUMAH TANGGA: KAJIAN HUKUM PIDANA PASAL 9 UU 23 TAHUN 2004 Kismala, Tria Putri; Rindiyanih, Rindiyanih; Perdana, Muhamad Bagas; Akbar, Sulaiman Kareemullah; Sebastian, Valerio
UIR Law Review Vol. 10 No. 1 (2026): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2026.vol10(1).25734

Abstract

Economic violence within domestic settings has increasingly been recognized as a critical yet underexplored dimension of domestic violence. While international frameworks, including the United Nations Declaration on the Elimination of Violence against Women (1993), acknowledge violence in both physical and non-physical forms, economic abuse remains insufficiently regulated and underreported in Indonesia. This conceptual article examines the nature, forms, and legal implications of economic domestic violence, conceptualizing it as a mechanism of coercive control and power imbalance within intimate relationships. Using normative legal analysis supported by international literature, the study evaluates the definition, structural impacts, and legal treatment of economic violence in Indonesian criminal law. Particular attention is given to Article 9 of Law No. 23 of 2004 on the Elimination of Domestic Violence (PDKRT Law), which criminalizes economic neglect and financial deprivation within households. The findings indicate that, despite explicit statutory recognition, economic violence remains underenforced due to limited legal awareness, socio-cultural norms that treat household financial matters as private, and substantial evidentiary difficulties in proving economic dependency and financial control. Enforcement is further constrained by narrow interpretative practices among law enforcement authorities. This article contributes to the literature by reconceptualizing economic domestic violence as an autonomous form of coercive control, critically assessing doctrinal and evidentiary limitations of Article 9 in practice, and highlighting the need for a victim-centered interpretative framework. The study concludes that strengthening legal literacy, judicial sensitivity, and public awareness is essential to enhance protection and ensure the effective implementation of domestic violence legislation in Indonesia.
Legal Uncertainty, Criminal Liability, and Justice in Adolescent Cyberbullying Cases Rajwa, Zalfa Aqilah; Anurakphong, Kiranut Thamwiset; Wattanakul, Nalinrada Pimsuda; Arifin, Ridwan; Rochman, Auliya
UIR Law Review Vol. 10 No. 1 (2026): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2026.vol10(1).26963

Abstract

The rapid expansion of digital technology has intensified the phenomenon of cyberbullying, with adolescents constituting a particularly vulnerable group. This study examines legal uncertainty in the construction of criminal liability for cyberbullying perpetrators and evaluates the effectiveness of its enforcement within the Indonesian criminal justice system. Employing a normative-empirical juridical method, the research analyzes statutory frameworks, including the Information and Electronic Transactions Law and the Indonesian Criminal Code, alongside selected court decisions with permanent legal force. The findings reveal that although existing legal instruments may be used to prosecute cyberbullying-related conduct, the absence of an explicit legal definition of cyberbullying generates interpretative ambiguity and inconsistency in the application of offense elements. Furthermore, structural constraints such as limited digital forensic capacity and procedural challenges in evidence collection weaken enforcement effectiveness. Socio-cultural factors, including stigma and low reporting rates among adolescent victims, further exacerbate under-enforcement. This study highlights that the current legal framework has not yet adequately addressed the specific characteristics of cyberbullying as a digitally mediated form of harm. It recommends regulatory harmonization through the explicit codification of cyberbullying as a distinct offense, alongside strengthening institutional capacity and promoting digital literacy as a complementary non-penal preventive strategy. The study contributes to ongoing debates on cybercrime regulation and child protection in digital environments.
Indigenous Peoples’ Natural Resource Rights: Why Environmental Law Protection Fails in Indonesia? Vinata, Ria; Sadiyah, Nur Khalimatus; Kartoningrat, Raden Besse; Cassandro, Izan Mateo; Mubaarak, Zulfikar Ahmad Husni
UIR Law Review Vol. 10 No. 1 (2026): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2026.vol10(1).28808

Abstract

Indonesia possesses abundant natural resources and is home to hundreds of indigenous communities whose customary territories have long been managed through traditional ecological knowledge that supports environmental sustainability. Despite constitutional and statutory recognition of indigenous peoples' natural resource rights, persistent conflicts over land, forests, and resource exploitation demonstrate significant weaknesses in their legal protection. This study examines the protection of indigenous peoples' natural resource rights from the perspective of environmental law, and the legal and institutional obstacles that hinder effective implementation. The research employs a normative legal method using statutory and conceptual approaches by analyzing the 1945 Constitution, Law No. 5 of 1960, Law No. 32 of 2009, Constitutional Court Decision No. 35/PUU-X/2012, ILO Convention No. 169, and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) 2007. The findings reveal that Indonesia has established a relatively comprehensive legal framework recognizing indigenous peoples’ rights, however, this recognition remains largely declaratory because it is not supported by coherent implementing legislation or effective institutional mechanisms. Consequently, indigenous communities continue to experience tenure insecurity, overlapping land claims, exclusion from decision-making, and unequal access to justice. The study demonstrates that the principal failure lies not in the absence of legal recognition but in fragmented governance and weak enforcement. It contributes by proposing integrated legal and institutional reforms that align environmental protection with the effective realization of indigenous peoples’ natural resource rights.
Child Grooming and Sexual Violence in Broken Strings: Examining Patterns of Victimization Nurdianti, Indah; Irdina, Areezya Hana; Fareez, Arzeef Luqman; Syafiqa, Ariana Hana; Malik, Muhammad
UIR Law Review Vol. 10 No. 1 (2026): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2026.vol10(1).29254

Abstract

Child grooming is a manipulative process through which perpetrators establish emotional trust with children to facilitate sexual exploitation or abuse. As a covert form of sexual violence that often occurs without physical coercion, child grooming presents significant challenges for legal recognition, prevention, and prosecution. This study examines the representation of child grooming in Broken Strings by Aurelie Moeremans and analyzes the adequacy of Indonesia’s Law Number 35 of 2014 on Child Protection in addressing such conduct. Employing a normative juridical method with statutory and conceptual approaches, the study explores the patterns of grooming depicted in the narrative and evaluates the legal protections available to child victims. The findings reveal that grooming is characterized by emotional manipulation, exploitation of trust, psychological dependency, and unequal power relations, all of which constitute sexual violence despite the absence of physical contact. Although the Child Protection Law provides preventive and repressive safeguards for child victims, its implementation remains constrained by difficulties in interpreting and proving psychologically based grooming behaviors. This study contributes to the growing discourse on technology-facilitated and non-contact sexual violence by integrating literary analysis with legal evaluation, demonstrating how fictional narratives illuminate evidentiary gaps and highlighting the need for a more responsive child protection framework capable of recognizing and addressing psychological forms of sexual exploitation.
Reformulating Defamation Offenses: Implications for Freedom of Expression in Indonesia’s Digital Space Rahman, Arif; Hamim, Sufian; Admiral, Admiral; Susanti, Heni
UIR Law Review Vol. 10 No. 1 (2026): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2026.vol10(1).29303

Abstract

Freedom of expression in the digital space constitutes a fundamental democratic right; however, its exercise in Indonesia has increasingly been constrained by the criminalization of online speech through defamation provisions. This article examines the reformulation of defamation and libel offenses under Indonesia’s New National Criminal Code (KUHP) and assesses its implications for freedom of expression and digital democracy. Employing a normative legal research method, the study analyzes the normative shift from the Information and Electronic Transactions Law (ITE Law) to the KUHP, with particular attention to the recalibration of criminal boundaries and the classification of defamation as a complaint-based offense. The findings indicate that the reform represents an attempt to reduce over-criminalization and mitigate the “chilling effect” on public discourse by strengthening procedural safeguards and limiting state intervention. Nevertheless, ambiguities in interpretation and the absence of detailed enforcement guidelines may still expose individuals to legal uncertainty, particularly in cases involving criticism of public officials and governmental institutions. This article argues that, despite progressive intent, the reconfiguration of defamation offenses requires careful judicial interpretation and proportional enforcement to prevent the persistence of restrictive practices in digital communication. The study contributes to ongoing debates on the balance between protecting reputation and safeguarding freedom of expression in the context of Indonesia’s evolving criminal law framework.

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