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JURNAL ILMIAH ADVOKASI
Published by Universitas Labuhanbatu
ISSN : 23377216     EISSN : 26206625     DOI : 10.36987/jiad
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah ADVOKASI adalah jurnal yang dikelola oleh Fakultas Hukum Universitas Labuhanbatu, Sumatera Utara. Jurnal Ilmiah ADVOKASI menerima artikel ilmiah dari hasil penelitian, diterbitkan 2 nomor dalam satu volume setiap bulan pada bulan Maret dan September. Jurnal ini fokus mempublikasi hasil penelitian orisinal yang belum diterbitkan di manapun pada bidang Ilmu Hukum dan aplikasi ilmu Hukum dan Perundang-undangan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 348 Documents
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STRENGTHENING INDONESIA'S EIT LAW TO COMBAT RANSOMWARE THREATS: A LEGAL FRAMEWORK ANALYSIS Alpajri, Muhammad; Effendi, Erdianto; Rahmadan, Davit
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.7217

Abstract

Ransomware is a type of malware designed to lock or encrypt victim data so that it cannot be accessed. Once the victim's data is locked, the perpetrator will ask for a ransom to restore access, usually in the form of digital currency such as Bitcoin which is difficult to track. Ransomware crimes are regulated in Article 33 of the ITE Law, however, Article 33 of the Electronic Information and Transactions Law (UU ITE) has weaknesses in its formulation because it does not include specific elements related to ransomware crimes, especially in relation to the element of requesting ransom payments. This creates a lack of legal certainty regarding ransomware crimes so that many cases of ransomware crimes cannot be prosecuted due to legal gaps. The purpose of this study is to provide input to law enforcement, police, prosecutors, judges, and the community and government in Countering the Threat of Ransomware Crimes in Indonesia. Based on the results of the study and discussion, it can be concluded. First, Article 33 of the Electronic Information and Transactions Law only regulates disruption of electronic systems, but does not explicitly include the elements of "extortion" or "demand for ransom payment" which are the core of ransomware crimes. Second, to strengthen the Electronic Information and Transactions Law and Indonesia's legal framework in countering the threat of ransomware, several important steps must be taken. First, one of the main solutions in dealing with ransomware crimes is to add provisions that explicitly regulate this crime in legislation, especially in the Electronic Information and Transactions Law. Keywords: Information and Electronic Transactions Law, Ransomware Crime, Indonesia
CONDITIONAL DEATH PENALTY POLICY UNDER LAW NUMBER 1 OF 2023 ON THE CRIMINAL CODE: A LEGAL CERTAINTY PERSPECTIVE Putri, Amiratul Mardhiyah; HZ, Evi Deliana; Ardiyanto, Syaifullah Yophi
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.6340

Abstract

The conditional death penalty, as regulated in Article 100 of Law Number 1 of 2023 concerning the Criminal Code, reflects a shift toward a more humanistic and rehabilitative approach to capital punishment in Indonesia. This policy aims not only to provide convicts with an opportunity for reform but also to minimize the risk of wrongful execution and accommodate divergent public opinions on the death penalty. This study employs normative legal research with a focus on the principle of legal certainty. The analysis explores how the conditional nature of capital punishment aligns with or challenges the principle of legal certainty as a core value in Indonesian legal doctrine. The findings contribute to a deeper understanding of the coherence between penal policy and fundamental legal principles in the context of the new Criminal Code.Keywords: Conditional Death Penalty; Law Number 1 of 2023; Legal Certainty Principle
PERLINDUNGAN HUKUM BAGI KORBAN PENYEBARAN DATA PRIBADI OLEH PELAKU DEBT COLLETOR PINJAMAN ONLINE Pramudita, Amanda Cahaya
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.7104

Abstract

The dissemination of personal data by online loan debt collectors poses a serious threat to individual privacy rights in the digital era. This research aims to analyze the legal protection for victims as well as the effectiveness of applicable regulations in Indonesia. Using a normative juridical method and a statutory approach, this research examines the legal rules that protect personal data and the obstacles to their implementation. The results show that although regulations such as the Electronic Information and Transaction Law and Financial Services Authority regulations have been implemented, weak law enforcement and low public awareness are the main obstacles. Therefore, it is necessary to strengthen regulations, increase the effectiveness of supervision, and educate the public. This study contributes to the development of personal data protection policies in the digital financial sector and provides a basis for more comprehensive protection efforts.Keywords: Personal Data; Legal Protection; Online Loans; Debt Collector
IMPLIKASI HUKUM KEBIJAKAN LAND FREEZING DI IBU KOTA NUSANTARA TERHADAP PENYELESAIAN SENGKETA LAHAN TRANSMIGRASI SWAKARSA MANDIRI DAN PERUSAHAAN SAWIT Uyun, Qurotul; Susmiyati, Haris Retno; Subroto, Aryo
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.7215

Abstract

The Independent Self-Supported Transmigration (TSM) program in Tengin Baru Village, Sepaku District, North Penajam Paser Regency is part of Indonesia's broader effort to promote equitable development and social welfare. However, its implementation has triggered land disputes between transmigrant communities and the palm oil company PT. Agro Indomas. The complexity of the conflict has increased due to the area's inclusion within the delineation of the Nusantara Capital City (IKN), which enforces a land freezing policy—restricting the transfer of land rights through various legal instruments. This study adopts a socio-legal research approach to evaluate the effectiveness of existing legal mechanisms in providing legal certainty for landowners and to identify the barriers faced by communities in asserting their land rights. The findings indicate that the land freezing policy is not supported by adequate dispute resolution instruments, resulting in prolonged legal uncertainty and weakening the position of transmigrant communities in claiming their land.Keywords: Disputes; IKN; Legal Certainty; Land Freezing; Swakarsa Mandiri Transmigration
ANALISIS YURIDIS TERHADAP PERLINDUNGAN LINGKUNGAN HIDUP DALAM KEBIJAKAN INVESTASI PASCA BERLAKUNYA OMNIBUS LAW Darmawan, Indira Nindya Savira
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.6284

Abstract

The investment climate in a country is influenced by the laws and regulations in force in that country. The Indonesian government is also trying to improve the investment climate in the country, one of which is by implementing new regulations that are deliberately made to replace previous regulations (Omnibus Law). This is marked by the issuance of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law (Job Creation Law). This law aims to facilitate business activities in Indonesia. After the issuance of the Job Creation Law, which also includes the elimination, amendments, and new regulations of several articles in Law No. 32 of 2009 concerning Environmental Protection and Management (UUPPLH), the business licensing process must still pay attention to environmental impacts. This study uses a normative juridical method, namely research based on literature studies and secondary data. The results of the study indicate that changes related to the Amdal and Environmental Permit which were replaced with Environmental Approval need to be corrected, because it is feared that it could cause environmental damage in the future.Keywords: Environment; Investment; Omnibus Law; Job Creation
LEGAL CERTAINTY OF VILLAGE ASSET LAND USED FOR SCHOOL BUILDINGS: A REVIEW OF MINISTER OF HOME AFFAIRS REGULATION NO. 3/2024 Fauzan, Muhammad; Haspada, Deni; Asril, Juli
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.7422

Abstract

Village asset land has a vital role as a supporter of development and a source of village income, but there are often issues of legal certainty over its ownership and management status, especially when utilized as a school building. Therefore, a clear regulation and settlement mechanism in accordance with laws and regulations are needed so that village assets remain protected and can be optimally utilized for the public interest. This research aims to analyze the legal certainty of land ownership of village assets used as school buildings based on the Regulation of the Minister of Home Affairs Number 3 of 2024. The method used is normative juridical with a descriptive-analytical approach through the review of legislation, legal doctrine, and relevant secondary data. The results show that village land used for schools remains legally classified as village assets and must be managed in accordance with the principles of transparency, accountability, and legal certainty. The land exchange mechanism—as regulated in Articles 25 and 48A of Minister of Home Affairs Regulation No. 3 of 2024—requires replacement with land of equal or higher value, and proper certification under the village government's name. However, its implementation faces challenges, including uncertified land ownership, limited legal capacity of village officials, and bureaucratic hurdles in administrative approval, all of which hinder effective and lawful asset management and the preservation of the land’s social function. Keywords: Village assets; legal certainty; school; certification; swap
TINJAUAN YURIDIS TERHADAP PERTIMBANGAN HAKIM DALAM PENJATUHAN SANKSI PEMECATAN TERHADAP PRAJURIT TNI DALAM PERKARA ASUSILA Yunianti, Novi; Syarifuddin, La; Erawaty, Rika
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.6339

Abstract

This study aims to examine the application of dismissal as a criminal sanction against members of the Indonesian National Armed Forces (Tentara Nasional Indonesia), both through court rulings and administrative procedures. In addition, it analyzes judicial considerations in imposing dismissal sanctions in cases of sexual misconduct, particularly in relation to Article 50 of Law Number 48 of 2009 concerning Judicial Power and the imposition of additional punishment in the form of demotion, as reflected in the Military Court Decision of Balikpapan No. 33-K/PM.I-07/AD/VII/2023. This research employs a socio-legal approach to provide a comprehensive understanding of both legal norms and their practical implementation. The findings indicate that dismissal can serve as an alternative sanction, balanced by the imposition of additional punishment in the form of demotion, especially when the defendant has never received disciplinary sanctions in the military. However, the implementation of demotion faces challenges due to the absence of clear procedural regulations, resulting in legal uncertainty in its application. Keywords: Military Criminal Law; Dismissal; Additional Punishment.
PERLINDUNGAN HUKUM TERHADAP PARA PIHAK AKIBAT PEMBATALAN AKTA PPJB TANAH: STUDI DI KANTOR NOTARIS KOTA TANGERANG SELATAN Setiawan, Adam; Hungan, Fani Clarais
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.7139

Abstract

A Notary's practice is based on Law Number 2 of 2014 concerning the Position of Notary. A Notary is a public official authorized to create authentic deeds, one of which is the Deed of Sale and Purchase Binding Agreement (PPJB). The PPJB is a preliminary agreement that leads to the execution of a sale and purchase transaction. In practice, agreements do not always align with expectations and may need to be canceled. Article 1338 of the Civil Code states that agreements made by the parties act as laws that apply to those who create them. Therefore, further analysis is needed regarding the practice of canceling a PPJB agreement, as well as the legal protection and legal consequences for the parties involved in the cancellation of the PPJB deed at Notary Offices within the jurisdiction of South Tangerang City. This issue was analyzed using normative legal research methods. The findings show that Article 1338 of the Civil Code stipulates that agreements must be carried out in good faith. Based on this provision, any agreement by the parties to cancel a contract must be based on good faith, reflecting the mutual intention of the parties when the cancellation deed is made. Legal protection for both the seller and the buyer is outlined in the clauses of the Deed of Cancellation of the PPJB. Based on the content of the cancellation, all prior binding agreements in the original PPJB deed are nullified. The Deed of Cancellation of the PPJB serves as a binding law for the parties, adhering to the principle of good faith, and constitutes the legal consequence of the canceled PPJB due to the emergence of new provisions that must be agreed upon and implemented by the parties. Keywords: Legal Protection, Notary, Agreement, PPJB Agreement
LEGAL PROTECTION FOR PREFERRED CREDITORS FOLLOWING THE CANCELLATION OF MORTGAGE RIGHTS BY COURT DECISION UNDER INDONESIAN LAW Setiawan, Eddy; Suhardini, Eni Dasuki; Durahman, Dani
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.7435

Abstract

The holder of a Mortgage Right (Hak Tanggungan/HT) is granted the status of a preferred creditor under Article 1(1) of Law No. 4 of 1996 concerning Mortgage Rights (UUHT). HT is established through a Deed of Granting of Mortgage (APHT) and registered at the land office to obtain a Certificate of Mortgage Right (SHT). However, the enforcement of HT may be obstructed when third parties, particularly landowners, contest the object of HT in court, potentially resulting in cancellation decisions, as reflected in court rulings from Semarang, Cibinong, and Surakarta District Courts. This research aims to analyze the legal consequences and legal protection available to preferred creditors when HT is annulled by a court decision. The study employs normative legal research, which is grounded in the analysis of positive legal norms derived from statutory regulations (UUHT, KUHPerdata, HIR), reinforced by legal doctrines from scholarly literature, and jurisprudence from relevant court decisions. Utilizing a prescriptive analytical approach and secondary data sources, including legislation, books, journals, and verdicts, the findings show that HT cancellation leads to the reversion of land rights to third parties and alters the status of creditors from preferred to concurrent. Legal protection mechanisms available include filing a default lawsuit and submitting a request for asset seizure (conservatoir beslag) based on Article 1131 of the Indonesian Civil Code and Article 227(1) of HIR. Keywords: Cancellation ; Court;  Decision; Liability; Rights
KAJIAN HUKUM ISLAM TERHADAP QS. AL-BAQARAH (2): 233 TENTANG BATASAN HUKUM MENYAPIH ANAK DALAM PERSPEKTIF KEWAJIBAN ORANG TUA DAN HAK ANAK Harahap, Effnida; Syahrul, Syahrul; Zamroni, Surono
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.6929

Abstract

This study explores QS. Al-Baqarah (2): 233 within the framework of Islamic law, focusing on the legal boundaries of weaning and its implications for parental duties and children's rights. Using a library research method with a normative-theological and thematic exegesis (maudhu'i) approach, supported by a sociological perspective, this research integrates the concepts of maslahah, justice, and children's rights in Islam. Findings indicate that the verse recommends a two-year breastfeeding period as an ideal, while allowing flexibility based on mutual parental agreement, prioritizing the child's best interest. Keywords: Islamic Law, Legal Limits of Weaning, Parental Obligations, Children's Rights

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