DOKTRINA: JOURNAL OF LAW
Doktrina : Journal Of Law is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law.
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134 Documents
<![CDATA[Digitalisasi Layanan Pertanahan di Badan Pertanahan Nasional Kota Surabaya dalam Upaya Mencegah Mafia Tanah ]]>
<![CDATA[Syarifudin Prasetyo, Afif]]>;
<![CDATA[Supriyo, Agus]]>
<![CDATA[ DOKTRINA: JOURNAL OF LAW Vol. 8 No. 1 (2025): Doktrina:Juornal of Law April 2025 ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/doktrina.v8i1.13427
<![CDATA[This study aims to analyze efforts to digitize land services in overcoming land mafia practices in the city of Surabaya, with a focus on the implementation of a technology-based land information system. The research method used is normative juridical with a statute approach and a historical approach. The statutory approach is used to examine various regulations governing the digitization of land services in Indonesia such as the Agrarian Law and its implementing regulations. The results found that digitization is considered a solution to increase transparency, accountability, and efficiency of land services, which are expected to reduce the opportunity for data manipulation or fraud. The implementation of an electronic land registration system (e-land registry) and online application-based services in the city of Surabaya provides easy access to information for the public and accelerates the land administration process. Some challenges such as the lack of digital literacy among the public and limited technological infrastructure. so that collaborative efforts between the government, the community and the private sector to continue to develop a more inclusive and effective digital system to overcome land mafia in the future.]]>
<![CDATA[Etika Notaris di Media Sosial Ketika Profesionalisme Dipertaruhkan ]]>
<![CDATA[Verginia Nadea, Lydia]]>;
<![CDATA[Ridwan, Fully Handayani Ridwan]]>
<![CDATA[ DOKTRINA: JOURNAL OF LAW Vol. 8 No. 1 (2025): Doktrina:Juornal of Law April 2025 ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/doktrina.v8i1.13609
<![CDATA[Notary professional ethics in the use of social media, which is increasingly relevant in the digital era. As a profession that prioritizes integrity and confidentiality, notaries are faced with new challenges related to the misuse of social media that can damage their reputation and professionalism. This study aims to analyze the impact of ethical violations committed by notaries on social media, both on personal reputation, legal sanctions, and public trust in the notary profession as a whole. The methods used in this study are literature studies and case analysis. The results of the study indicate that ethical violations on social media can reduce the credibility of notaries, cause loss of clients, and damage the image of the profession. This study also found that although there are regulations that govern it, the implementation of professional ethics in the digital realm still requires more attention from the Honorary Council of the Indonesian Notary Association (INI) to maintain the professionalism and integrity of the notary profession]]>
<![CDATA[Pemenuhan Hak Pendidikan Anak Menurut UU No. 35 Tahun 2014 Tentang Perlindungan Anak ]]>
<![CDATA[Uyun Ayunda, Amalia]]>;
<![CDATA[Yustitianingtyas, Levina]]>
<![CDATA[ DOKTRINA: JOURNAL OF LAW Vol. 8 No. 1 (2025): Doktrina:Juornal of Law April 2025 ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/doktrina.v8i1.13731
<![CDATA[The issue of unequal education rights for children is often a crucial problem. Because education is considered as a guide to change, both in terms of individuals and countries. This is the responsibility of the government in realizing equal distribution of the right to education in sync with the enactment of these regulations. Therefore, the formulation of the problem in this study is how the role and efforts of the government in fulfilling the right to education. So that the purpose of this study, to understand the role and efforts made by the government in overcoming the problems of the right to education caused by obstacles, and have an impact on the non-fulfillment of the right to education. This research is a normative juridical research that uses a statutory approach. Based on the results of this research, the government issued educational programs and made changes to aspects of education that became obstacles.]]>
<![CDATA[Analisis Putusan No. 1977/K.PID.SUS/2020 tentang Tindak Pidana Pencucian Uang ]]>
<![CDATA[Stevanus, Rudolf]]>;
<![CDATA[Rizki]]>;
<![CDATA[Lombu, Ravid Aspin]]>
<![CDATA[ DOKTRINA: JOURNAL OF LAW Vol. 8 No. 1 (2025): Doktrina:Juornal of Law April 2025 ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/doktrina.v8i1.14311
<![CDATA[This study analyzes Supreme Court Decision No. 1977/K.PID.SUS/2020 concerning money laundering crimes. The study aims to evaluate legal considerations, the application of regulations, and their implications for preventing and combating money laundering in Indonesia. The research method used is normative legal research which refers to secondary data, data sources from literature and statutory regulations. The findings reveal that the application of Article 3 of Law No. 8 of 2010 in the decision aligns with the principles of legality, prudence, and justice. However, challenges such as limited human resources and technology hinder the effectiveness of law enforcement. Recommendations include enhancing training for law enforcement officials, harmonizing regulations, and strengthening financial activity monitoring]]>
<![CDATA[Kajian Hukum Perbuatan Phisycal Abuse Bagi Anak (Persfektif UU No. 35 Tahun 2014 Tentang Perlindungan Anak) ]]>
<![CDATA[Yusuf hanafi, Yusuf Hanafi]]>
<![CDATA[ DOKTRINA: JOURNAL OF LAW Vol. 8 No. 1 (2025): Doktrina:Juornal of Law April 2025 ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/doktrina.v8i1.14312
<![CDATA[The research aims to discuss the regulation of physical abuse in criminal law and the categories of acts that fall into physical abuse for children and criminal sanctions against perpetrators who commit physical abuse for children from the perspective of child protection laws. The research method used is a type of normative legal research, referring to secondary data sourced from library data. The results obtained are the regulation of physical abuse in criminal law as regulated by Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection, namely in Article 1 paragraph 15A and Article 76C which reads "everyone is prohibited from placing, allowing, doing, ordering, or participating in committing violence against children. Categories of acts that fall into physical abuse for children Acts of violence can also result in victims suffering injuries ranging from minor injuries to serious injuries or even causing the victim to die. Criminal sanctions against perpetrators who commit acts of physical abuse against children from the perspective of the Child Protection Law, namely the threat of criminal penalties, have been regulated in Article 80 of the Child Protection Law, the threat of criminal penalties ranging from 3 years to 15 years in prison.]]>
<![CDATA[Optimalisasi Efektivitas Whistleblower dalam Pengungkapan Tindak Pidana Korupsi Dalam Pandangan Perspektif Hukum ]]>
<![CDATA[Asri Puannandini, Dewi]]>;
<![CDATA[Alrifkie]]>;
<![CDATA[Sivanni, Najwa]]>;
<![CDATA[Nuraeni, Risti Dea]]>;
<![CDATA[Ristiani]]>
<![CDATA[ DOKTRINA: JOURNAL OF LAW Vol. 8 No. 2 (2025): Doktrina:Juornal of Law Oktober 2025 ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/doktrina.v8i2.13921
<![CDATA[The purpose of this study is to determine the effectiveness of the role of whistleblowers in exposing corruption crimes in Indonesia and to determine the extent to which protection and the legal system can protect whistleblowers and encourage whistleblower courage. This research uses a normative juridical method with a statutory approach to analyze laws and regulations related to corruption crimes. The results show that the whistleblower system plays an important role in efforts to eradicate corruption, but its implementation still faces significant challenges. Data reveals that 90% of whistleblowers lose their jobs after reporting, although 84% are still willing to report again. A Transparency International Indonesia survey showed 68% of respondents were ready to become whistleblowers. The effectiveness of the system is influenced by five factors: legal framework, law enforcement, facilities, public awareness, and culture. Despite a 25% increase in the LPSK budget by 2023, legal protection is still not optimal. The research recommends strengthening regulations, improving the protection system, intensifying public education, strengthening organizational culture, and developing an incentive system to increase the effectiveness of the whistleblowing system in combating corruption in Indonesia.]]>
<![CDATA[Efektifitas Hukum Jaminan dalam Hipotik Sektor Maritim: Studi Terhadap Kepastian Hukum dalam Perjanjian Kapal dan Property ]]>
<![CDATA[Mamay Nilam Sari]]>;
<![CDATA[Ainur Rohmah]]>;
<![CDATA[Wasilul Arham]]>;
<![CDATA[barok, lana]]>;
<![CDATA[Ahmad Musadad]]>
<![CDATA[ DOKTRINA: JOURNAL OF LAW Vol. 8 No. 2 (2025): Doktrina:Juornal of Law Oktober 2025 ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/doktrina.v8i2.14412
<![CDATA[This research discusses the implementation of ship mortgages within the Indonesian legal system, the legal certainty in ship mortgage agreements, regulatory challenges and alternative solutions, as well as the concept of security law in the maritime sector. A normative juridical method is employed in this study, utilizing statutory and comparative legal approaches. The findings indicate that the legal framework governing ship mortgages in Indonesia still contains several weaknesses, particularly in terms of legal certainty and the effectiveness of security enforcement. One of the primary issues is the absence of an integrated registration system, which creates difficulties in tracking the legal status of ships used as collateral. Additionally, the procedures for enforcing ship mortgages remain complex and time-consuming, often leading to uncertainty for creditors. A more comprehensive regulatory reform is needed to enhance the effectiveness of the maritime security law system. Harmonizing national regulations with international standards, strengthening the ship mortgage registration system, and improving the capacity of judicial institutions to handle maritime mortgage disputes are among the measures that can be taken. With such reforms, it is expected that a more effective legal system can be established-one that ensures the rights of creditors while also providing protection for debtors.]]>
<![CDATA[Analisis Yuridis Putusan No.126/Pdt.G/2021/PN.Pbr Tentang Perbuatan Melawan Hukum ]]>
<![CDATA[Rizki, Rizki]]>;
<![CDATA[Anjelina, Indah]]>
<![CDATA[ DOKTRINA: JOURNAL OF LAW Vol. 8 No. 2 (2025): Doktrina:Juornal of Law Oktober 2025 ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/doktrina.v8i2.14419
<![CDATA[This study will discuss the factors that cause the emergence of unlawful acts under Indonesia’s positive law and the judge’s considerations in Decision No. 126/PDT.G/2021/PN.Pbr concerning an unlawful act. The research employs a normative juridical method, which examines secondary legal materials such as books, legislation, online sources, interviews, and other relevant references. This study is qualitative in nature and refers to legal norms found in legislation, court decisions, as well as social norms developing within the community. The findings indicate that external factors are among the triggers of unlawful acts, namely elements or conditions beyond the direct control of the parties involved that influence the dispute in the case. The judge’s consideration in Decision No. 126/PDT.G/2021/PN.Pbr was that the Plaintiff’s claim could not prove the elements of an unlawful act as stipulated in Article 1365 of the Indonesian Civil Code (KUHPerdata), taking into account that the Defendant was able to present proof of payment through a third party. Therefore, the Plaintiff’s claim was deemed inadmissible and subsequently rejected.]]>
<![CDATA[Perlindungan Konsumen Terhadap Pembelian Produk Impor Melalui Tik Tok Shop ]]>
<![CDATA[Utami Keliat, Venia]]>;
<![CDATA[Vincent]]>;
<![CDATA[Simbolon, Sapriadi]]>
<![CDATA[ DOKTRINA: JOURNAL OF LAW Vol. 8 No. 2 (2025): Doktrina:Juornal of Law Oktober 2025 ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/doktrina.v8i2.14652
<![CDATA[In an era of increasingly sophisticated technology, aspects of buying and selling have also experienced significant developments along with the progress of the times, namely through online shopping activities on e-commerce platforms, especially for imported products. E-commerce is a buying and selling activity that is carried out boldly (online) by utilizing digital technology. However, on the scale of online buying and selling, the problems that arise tend to be more complex. This is because consumers cannot see the goods directly, but can only assess the product through the description provided by the seller. Therefore, it is important to understand how consumer protection is regulated in e-commerce in Indonesia and the form of legal protection for consumers on platforms such as TikTok Shop. This study uses a normative legal research method. The regulation of consumer protection in e-commerce is regulated in Law Number 8 of 1999 concerning Consumer Protection and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE). Settlement of peace that arises in an effort to protect consumers can be done through litigation or non-litigation. If the settlement cannot be resolved peacefully, consumers have the right to file a lawsuit in court.]]>
<![CDATA[Kajian Hukum Pidana Terhadap Pelaku Tindak Pidana Perdagangan Orang (Studi Putusan Nomor: 1824/Pid.Sus/2023/PN.Mdn) ]]>
<![CDATA[simanjuntak, immanuel]]>;
<![CDATA[Bayu Syahputra, Yoga]]>;
<![CDATA[Ramenta Sembiring, Rio]]>
<![CDATA[ DOKTRINA: JOURNAL OF LAW Vol. 8 No. 2 (2025): Doktrina:Juornal of Law Oktober 2025 ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/doktrina.v8i2.14877
<![CDATA[This study aims to describe human trafficking as a criminal offense and to examine legal protection for victims of trafficking from the perspective of positive law in Indonesia. This is a normative legal research using a statutory approach with legal materials as the primary data. Human trafficking is a serious crime that violates human values and justice, and it has developed into a transnational organized crime. The Indonesian Criminal Code includes several provisions addressing this offense, including Articles 289, 295, 296, 297, 324, and 328. Additionally, Law Number 21 of 2007 concerning the Eradication of the Criminal Act of Human Trafficking explicitly regulates the elements and imposes strict penalties on perpetrators. In Decision Number: 1824/Pid.Sus/2023/PN.Mdn, the defendant was found guilty of exploiting a child and was sentenced to six years of imprisonment and fined one hundred and twenty million rupiah. The results of this research show that legal protection for victims is regulated, yet its implementation still requires strengthening to ensure justice and the full restoration of victims' rights.]]>
