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INDONESIA
DOKTRINA: JOURNAL OF LAW
Published by Universitas Medan Area
ISSN : 26207141     EISSN : 2620715X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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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Articles 142 Documents
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Eksekusi Objek Jaminan Fidusia yang Berada Dibawah Penguasaan Debitur yang Wanprestasi Pasca Putusan MK Nomor 2/PUU XIX/2021 (Studi Putusan Nomor 83/Pdt.G/2022/PN.Pbr) Satya Gunawan, Grace Wahyu; Zeihan Shona Shafira; Yanti Agustina; Chris Anggi Natalia B
DOKTRINA: JOURNAL OF LAW Vol. 8 No. 2 (2025): Doktrina:Juornal of Law Oktober 2025
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v8i2.14955

Abstract

The Constitutional Court Decision No. 2/PUU-XIX/2021 affirms that the execution of fiduciary collateral objects may not be carried out unilaterally by the creditor if the debtor refuses to voluntarily surrender the object. Under such circumstances, execution must be conducted through judicial proceedings to ensure legal protection and uphold the principle of justice for both parties. This study aims to examine the judicial considerations in the Decision of the Pekanbaru District Court No. 83/Pdt.G/2022/PN.Pbr concerning the execution of fiduciary collateral still under the control of a defaulting debtor. The research applies a normative juridical approach and case study method by analyzing the application of legal norms following the Constitutional Court's decision. The findings indicate that the judge considered the principles of fairness, balanced legal protection, and legal certainty in rendering the verdict. The study concludes that, in accordance with constitutional mandates post-Decision No. 2/PUU-XIX/2021, the execution of fiduciary security objects contested by the debtor must obtain judicial authorization.
Konflik Hak Cipta di Balik Naskah Film Soekarno Siregar, Bismar
DOKTRINA: JOURNAL OF LAW Vol. 8 No. 2 (2025): Doktrina:Juornal of Law Oktober 2025
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v8i2.15202

Abstract

This research discusses the copyright conflict between Rachmawati Soekarnoputri and PT Tripar Multivision Plus and director Hanung Bramantyo regarding the film Soekarno. The main focus of the study is the violation of moral and economic rights over film scripts which are claimed to be Rachmawati's creation. The method used is normative legal research with a descriptive-analytical approach, which is based on a study of Supreme Court Decision No. 305 K/Pdt.Sus-HKI/2014. The research results show that there is an element of breach of contract regarding the creator's moral rights because Rachmawati's name is not included as the script writer. However, the Supreme Court was of the opinion that Soekarno's life could not be claimed as an individual copyrighted work and no formal legal copyright infringement had been proven. These findings highlight the gaps in legal protection for works based on biographies of public figures and the importance of formal proof in copyright disputes.
Hak Konstitusional Terkait Hak Ekonomi Pencipta dan Pelaku Pertunjukan Berdasarkan UU No. 28 Tahun 2014 tentang Hak Cipta Gabriel Tololiu, Yudi; Tri Srilaksmi, Ni Ketut; Adi Susila, I Nyoman
DOKTRINA: JOURNAL OF LAW Vol. 8 No. 2 (2025): Doktrina:Juornal of Law Oktober 2025
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v8i2.15673

Abstract

This study discusses how the constitutional rights related to the economic rights of creators and performers are regulated under the Copyright Law, and how the future regulations (ius constituendum) will be regulated regarding the economic rights of creators and performers. This study is a normative legal study using a statute approach and a case approach. Based on the results of the analysis, constitutional rights related to the moral rights and economic rights of creators have been regulated in Article 5 paragraph (1) and Article 9 paragraph (1) of the Copyright Law, while the economic rights of performers are regulated in Article 23 of the Copyright Law. However, in the case of performers using other people's creations commercially, there are differences in the regulations in the Copyright Law regarding the economic rights that must be paid to the creator. Article 9 paragraph (3) essentially states that anyone who wants to use a work of creation commercially must first obtain the creator's permission, but Article 25 paragraph (3) sets this aside because by paying compensation through LMK it is considered to have obtained permission from the copyright holder.
Penerapan Hukum Bagi Pelaku Aborsi Secara Ilegal hanafi, Yusuf
DOKTRINA: JOURNAL OF LAW Vol. 8 No. 2 (2025): Doktrina:Juornal of Law Oktober 2025
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v8i2.15729

Abstract

The enforcement of law concerning illegal abortion encompasses a range of criminal penalties outlined in the Criminal Code (KUHP) and other legislative frameworks. These legal actions are not only directed at the primary perpetrators, such as healthcare providers or individuals who perform abortions, but also extend to others involved, including parents or partners who assist or support the act. The purpose of this article is to examine the factors contributing to the occurrence of illegal abortions and the application of legal measures against those who commit them. The methodology employed in this study uses a normative approach, utilizing a literature review of relevant laws and court decisions. The findings reveal that although the legal framework imposes severe penalties on individuals involved in illegal abortions, various obstacles hinder effective law enforcement. These include lack of oversight, ineffective enforcement mechanisms, and socio-economic factors that contribute to the high prevalence of illegal abortion. Therefore, collaborative efforts are needed to raise legal awareness, improve regulations, and implement more compassionate strategies in addressing illegal abortion cases.
Status Hukum dan Perlindungan Jaminan Sosial terhadap Pekerja Ojek Online dalam Perspektif Hukum Ketenagakerjaan Indonesia Muhammad Raqel Elang Pangestu; Henry Arianto
DOKTRINA: JOURNAL OF LAW Vol. 9 No. 1 (2026): Doktrina:Juornal of Law April 2026
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v9i1.17052

Abstract

The development of digital transportation technology has led to the rise of online motorcycle taxis as an application-based economic innovation that employs a large workforce. However, classifying drivers as partners rather than workers has created legal issues, particularly regarding labor protection and social security. This study analyzes the legal status of online motorcycle taxi drivers under Indonesian labor law and examines the form of social security protection available in Indonesia and several other countries. Using a normative-empirical legal method with a qualitative approach, data were obtained through statutory review, literature study, and interviews with drivers, platform operators, and the Department of Manpower. The results show that the relationship between platforms and drivers meets the elements of work, wages, and control that legally define an employment relationship, despite being formally categorized as a partnership. Consequently, drivers do not receive social security protection as workers and must pay contributions independently. Comparative studies in the United Kingdom and Singapore reveal clearer legal recognition of platform-based workers. In conclusion, regulatory reform is needed in Indonesia to align labor and social security frameworks with technological developments and ensure equal protection for online motorcycle taxi drivers.
Kedudukan dan Kekuatan Hukum Putusan Pandi serta Penerapan Online Dispute Resolution (ODR) dalam Sengketa Nama Domain Misyela, Kezia; Henry Arianto
DOKTRINA: JOURNAL OF LAW Vol. 9 No. 1 (2026): Doktrina:Juornal of Law April 2026
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v9i1.17053

Abstract

The rapid growth of information technology has led to a significant rise in the use of domain names as strategic digital identities for individuals, businesses, and institutions. This development increases the likelihood of disputes, particularly when domain names are registered or used without proper rights or in bad faith. This study examines the legal standing and binding force of decisions issued by the Indonesian Internet Domain Name Registry (PANDI) and analyzes the procedural model of dispute resolution through the Domain Name Dispute Resolution Process (PPND) within Indonesia’s legal framework. Using a normative juridical approach, this research reviews relevant legislation, regulatory instruments, and academic literature on domain name governance and Online Dispute Resolution (ODR). The findings indicate that PANDI’s decisions are binding within the non-litigation system and derive their authority from statutory mandates, while still allowing parties to challenge the outcome before the Commercial Court. Furthermore, the PPND mechanism demonstrates efficiency and adaptability, embodying the principles of responsive law and Alternative Dispute Resolution (ADR). Consequently, PPND serves as an essential mechanism for ensuring legal certainty and maintaining the integrity of Indonesia’s digital landscape.
Analisis Ketidakharmonisan Rumah Tangga Sebagai Alasan Utama Perceraian Rezki Pulungan, Nita Nilan Sry; Dinda Adistya Nugraha; Annisa Hafizah; Lubis, Aldi Subhan
DOKTRINA: JOURNAL OF LAW Vol. 9 No. 1 (2026): Doktrina:Juornal of Law April 2026
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v9i1.17084

Abstract

This research discusses marital disharmony, with the main objective of identifying the factors that cause disharmony in households that become primary grounds for divorce, as well as the efforts that should be undertaken to suppress the increasing rate of divorce. The research method used is normative legal research, focusing on the study of legal documents, legal theories, and statutory regulations. The findings show that various factors contribute to marital disharmony, including lack of effective communication between spouses, differences of opinion in various matters, economic problems, infidelity, and egoism, all of which may lead to family breakdown and even divorce. The divorce rate in the city of Medan has increased, indicating that many households experience conflict and do not function as they should. Internal efforts include prioritizing religious values within the family, maintaining good communication between husband and wife, mutual respect and forgiveness, showing appreciation for one another, and giving each partner personal space. External efforts include government initiatives such as establishing the Marriage Advisory, Development, and Preservation Agency (BP4), Marriage Guidance programs (Bimwin), and pre-marital and post-marital counseling services organized by the Office of Religious Affairs (KUA), as well as the Ministry of Religious Affairs facilitating the provision of self-guidance manuals.
Harmonisasi Peran Desa Sumberklampok dan Kepolisian Buleleng dalam Penanganan Kasus Penodaan Agama: Pendekatan Sosial dan Hukum Anggara, Bayu; Suadnyana, I Nyoman Suadnyana; Widyani, Nyoman; Astrini, Ni Nyoman Raka
DOKTRINA: JOURNAL OF LAW Vol. 9 No. 1 (2026): Doktrina:Juornal of Law April 2026
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v9i1.17305

Abstract

As a countryrich in ethnic, religious, racial, and cultural diversity, Indonesia faces unique challenges, including blasphemy. Blasphemy involves insulting, desecrating, or misusing religious symbols and values, which has the potential to trigger horizontal conflict. Under Indonesian positive law, this is regulated by Article 156a of the Criminal Code (KUHP). This study focuses on a blasphemy case in Sumberklampok Village, Buleleng, Bali, involving the forced opening of the gate to West Bali National Park (TNBB) during Nyepi, a Hindu holy day. This incident caused social tension because it was perceived as undermining the traditional and religious values ​​of the local Hindu community. This study aims to analyze the harmonization of the roles of the traditional institutions of Sumberklampok Village and the Buleleng Police in handling this case through a descriptive qualitative approach. The results indicate that the harmonization of the roles of the traditional institutions of Sumberklampok Village and the Buleleng Police is crucial in resolving the conflict. Customary institutions play a role in mediation based on traditional values, while the Buleleng Police ensure transparent and fair law enforcement.
Implementasi Perlindungan Hukum atas Hak Tunjangan Hari Raya bagi Pekerja Berdasarkan Peraturan Menteri Ketenagakerjaan Nomor 6 Tahun 2016 (Studi Kasus pada PT Bisa Group) Ginting, Baginda Firdausta; Widodo Ramadhana
DOKTRINA: JOURNAL OF LAW Vol. 9 No. 1 (2026): Doktrina:Juornal of Law April 2026
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v9i1.17306

Abstract

Religious Holiday Allowance (THR) is a worker's right that must be fulfilled by employers as a form of legal protection in employment relations, as stipulated in the Minister of Manpower Regulation Number 6 of 2016. This study aims to analyze the regulation of legal protection for THR rights, the implementation of resolving them at PT BISA Group (PT Boga Indo Sejahtera Abadi), as well as obstacles and efforts to overcome them. The research method used is normative-empirical law with a descriptive analytical nature through literature studies and interviews. The results of the study indicate that PT BISA Group has fulfilled the provisions regarding the recipient subject and the amount of THR, but there was a delay in payment that exceeded the time limit of seven days before the religious holiday, so it is not in line with the principle of legal certainty. The obstacles faced include administrative factors, company cash flow management, low legal awareness of workers, and weak labor supervision. This study concludes that legal protection for THR rights has been fulfilled materially, but has not been optimal procedurally, so it is necessary to strengthen financial planning, increase workers' legal literacy, and more effective supervision.
Urgensi Kerahasiaan Data Anak dalam Proses Peradilan Pidana Untuk Kepentingan Terbaik Bagi Anak Hanafi Pasaribu, Yusuf
DOKTRINA: JOURNAL OF LAW Vol. 9 No. 1 (2026): Doktrina:Juornal of Law April 2026
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v9i1.17342

Abstract

This research discusses the confidentiality of children's data as a manifestation of the best interests of the child, the legal basis for the confidentiality of children's data in criminal justice, and the impacts of identity disclosure and data breaches involving children in criminal cases, including stigma, revictimization, and digital footprints. The results showed that revealing a child's identity can lead to stigma, bullying, cyberbullying, and revictimization, and leave a digital footprint that is difficult to recover. This condition has the potential to thwart the goals of juvenile justice, namely recovery, coaching, and social reintegration. Normatively, law of the Republic of Indonesia No. 11 of 2012 concerning the juvenile criminal justice system requires the confidentiality of the identity of children, victims and witnesses, regulates hearings in closed hearings, and contains sanctions for violations. This protection is also in accordance with the law of the Republic of Indonesia number 23 of 2002 on child protection as amended and Law of the Republic of Indonesia number 27 of 2022 on Personal Data Protection. The study recommends anonymizing rulings, restricting file access, reporting guidelines, and quick steps to remove or limit the distribution of content that contains a child's identity.

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