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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 411 Documents
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INDIKASI KEDARURATAN MEDIS DALAM TINDAK PIDANA ABORSI OLEH TENAGA MEDIS: ANALISIS PUTUSAN NOMOR 36/PID.SUS/2024/PN DPS Salman Naufal Haq; Maria Novita Apriyani
Jurnal Ilmiah Advokasi Vol 14, No 2 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i2.8323

Abstract

The involvement of medical personnel in unlawful abortion practices raises complex legal issues because it contradicts their professional obligation to provide healthcare services in accordance with ethical standards, professional competence, and applicable legal regulations. Although Law Number 17 of 2023 concerning Health permits abortion under limited circumstances, its implementation is strictly regulated through medical emergency indications, professional competence requirements, and healthcare service procedures as stipulated in Government Regulation Number 28 of 2024. This study aims to analyze the fulfillment of the legal requirements for medical emergency indications and to examine the judicial reasoning underlying the non-imposition of additional criminal sanctions in Decision Number 36/Pid.Sus/2024/PN Dps. This research employs a normative legal method with a descriptive-analytical approach using statutory, case, and conceptual approaches. Primary legal materials, consisting of the Indonesian Criminal Code, Law Number 17 of 2023 concerning Health, Government Regulation Number 28 of 2024, and Decision Number 36/Pid.Sus/2024/PN Dps, were analyzed qualitatively through legal interpretation and doctrinal analysis of the court's legal reasoning. The findings demonstrate that the abortion performed by the defendant did not satisfy the legal criteria for a medical emergency because there was no condition threatening the life or health of the pregnant woman or the fetus, the procedure was not carried out by a physician possessing the legally required professional competence and authority, and the mandatory healthcare procedures prescribed by the applicable legislation were not fulfilled. The study further reveals that the court did not impose the additional penalty of revoking the defendant's professional rights because the defendant did not possess a valid Certificate of Registration (Surat Tanda Registrasi—STR), Practice License (Surat Izin Praktik—SIP), or any legally recognized professional authority that could be revoked under Indonesian criminal law. The novelty of this study lies in its comprehensive analysis of the relationship between medical emergency indications, the professional authority of medical personnel, and the application of additional criminal sanctions within the framework of Indonesia's post-reform health law under Law Number 17 of 2023. This study concludes that consistent legal interpretation of medical emergency indications, coupled with strengthened supervision of professional competence among medical personnel, is essential to ensuring legal certainty, protecting patients' rights, and enhancing accountability within the healthcare profession.Keywords: Medical Emergency Indications; Abortion; Medical Personnel; Criminal Liability; Court Decision
A JURIDICAL-NORMATIVE INQUIRY INTO THE PROCEDURAL FRAMEWORK OF LEGAL PROTECTION FOR THE POOR TO ACCESS HEALTHCARE IN INDONESIA Kadarusman Kadarusman; Nurjannah Septyanun; Yulias Erwin
Jurnal Ilmiah Advokasi Vol 14, No 2 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i2.7617

Abstract

This article uses a juridical-normative approach to examine health access for low-income people, focusing on procedural justice as an analytical framework. It highlights the legal system's role in protecting people with low incomes regarding health access and encourages reflection on more practical applications of procedural justice principles. Legal protection in health includes preventive and repressive aspects involving the government, hospitals, and the BPJS Kesehatan. The government and hospitals are responsible for providing good health facilities and patient safety. Participants can claim compensation for negligence or errors in health services. In contrast, hospitals are liable for losses caused by the medical team. The research highlights the importance of transparency, public participation, the right to information, and equality in ensuring quality health services for participants of the BPJS Kesehatan. However, there are areas for improvement, such as limited access to information, slow settlement processes, little compensation, legal uncertainty, and protection from discrimination. To address these weaknesses, increased transparency, accessibility, and efficiency are expected. Cooperation between the government and related agencies is essential for improving the effectiveness of the legal protection system for participants.Keywords: BPJS Kesehatan; Legal Protection; Poor People, Procedural Justice
LEGAL LIABILITY OF THE SCHOOL OPERATIONAL ASSISTANCE TEAM IN GOODS AND SERVICES PROCUREMENT THROUGH SIPLAH: DEFAULT AND DISPUTE RESOLUTION PERSPECTIVE Wan Iswandi; Nurjannah Septyanun; Yulias Erwin
Jurnal Ilmiah Advokasi Vol 14, No 2 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i2.7742

Abstract

This research analyses the legal implications for SOA  (School Operational Assistance) Teams and goods/service providers via SIPLAH (Sistem Informasi Pengadaan di Sekolah - School Procurement Information System) in cases of default, and examines the available dispute resolution mechanisms. The background to this issue is the high potential for disputes arising in educational goods and services procurement transactions facilitated by the SIPLAH system, given the complexity of the parties involved and the substance of the contracts. This study employs a juridical-normative approach by reviewing relevant laws and regulations, including those concerning School Operational Assistance (SOA) Funds and government goods and services procurement, as well as civil law principles, particularly regarding contracts and default. Data was obtained through a literature study and legal document analysis. The research findings indicate that default by either the SOA  Team or a SIPLAH provider can lead to various legal consequences, ranging from compensation obligations and contract cancellation to administrative and criminal sanctions, depending on the nature and impact of the default. The dispute resolution mechanisms that can be pursued include amicable settlement (musyawarah mufakat), mediation, arbitration, or litigation through the district court. A deep understanding of the rights and obligations of the parties, as well as dispute resolution procedures, is expected to minimise the risk of default and ensure the effectiveness and accountability of SOA  Fund utilisation. This study contributes to the development of legal doctrine regarding the legal responsibilities of School Operational Assistance Teams in electronic procurement through SIPLAH by clarifying the legal consequences of default and proposing a more effective dispute resolution framework.Keywords: Default, SOA  Team, SIPLAH, Dispute Resolution, SOA  Fund.
KEBIJAKAN HUKUM PENGELOLAAN TANAH EKS HAK GUNA USAHA (HGU): STUDI EMPIRIS KONFLIK AGRARIA DI PT BSP Bahmid Bahmid; Irda Pratiwi; Siti Hajar Siregar
Jurnal Ilmiah Advokasi Vol 14, No 2 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i2.9577

Abstract

This study examines the government’s legal policy in addressing the issue of unauthorized management of land formerly under Right to Cultivate (HGU) permits, with a case study focused on the ex-HGU land of PT. BSP. The main problem highlighted is the lack of legal certainty regarding the land’s status after the HGU permit expires, as well as the weak oversight by local governments over illegal land use by the public. This research employs an empirical method through interviews with relevant stakeholders and finds that limited local authority, overlapping regulations between central and regional governments, and the lack of accurate land data are the primary obstacles in resolving the issue. In addition, social factors such as historical land claims by communities and the lack of transparency in land information further complicate conflict resolution. Therefore, synergy between central and regional governments, agrarian policy reform, and the strengthening of institutional capacity and a transparent land information system are necessary to promote agrarian justice and legal certainty.Keywords: Ex-HGU Land, Legal Policy, Agrarian Conflict, PT. BSP, Legal Certainty
ANALISIS PERBEDAAN RATIO DECIDENDI HAKIM DALAM PUTUSAN PERSETUBUHAN SUKA SAMA SUKA OLEH ANAK DI INDONESIA Larasati Larasati; Eka Nanda Ravizki
Jurnal Ilmiah Advokasi Vol 14, No 2 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i2.7956

Abstract

Differences in the application of legal provisions to cases involving consensual sexual intercourse between minors continue to reveal disparities in judges' ratio decidendi, even where the cases share substantially similar factual characteristics. Such disparities may undermine legal certainty and affect the effectiveness of legal protection afforded to children, both as victims and as offenders, within Indonesia's juvenile criminal justice system. This study aims to analyze the differences in the ratio decidendi adopted by judges in Decision No. 27/Pid.Sus-Anak/2023/PN Smr and Decision No. 4/Pid.Sus-Anak/2024/PN Kdr and to examine their implications for child legal protection in Indonesia. This research employs a normative legal method using statutory, case, and conceptual approaches. The analysis is conducted qualitatively by examining legislation, legal doctrines, and the two court decisions through legal interpretation and comparative analysis of the judges' ratio decidendi. The findings demonstrate that the differences in judicial reasoning are primarily influenced by the legal construction of the facts and the judges' interpretation of the concept of a child's consent. In Decision No. 27/Pid.Sus-Anak/2023/PN Smr, the court applied Law No. 12 of 2022 on Sexual Violence Crimes because the victim was unconscious due to alcohol intoxication and was therefore considered incapable of providing valid consent. Conversely, in Decision No. 4/Pid.Sus-Anak/2024/PN Kdr, the court relied on the Child Protection Law, reasoning that the victim's status as a minor legally invalidated any purported consent, notwithstanding the consensual nature of the relationship. The novelty of this study lies in its comparative analysis of the ratio decidendi employed in two judicial decisions involving highly comparable factual circumstances but resulting in different legal frameworks and judicial reasoning. The study concludes that harmonized judicial interpretative guidelines are necessary to ensure greater consistency in court decisions, strengthen legal certainty, and enhance the effectiveness of child protection in accordance with the principle of the best interests of the child.Keywords: Ratio decidendi; Child Protection; Consensual Sexual Intercourse Involving Minors; Sexual Violence Crimes; Juvenile Criminal Justice System
BATAS PEMIDANAAN EKSPRESI SIMBOLIK SEBAGAI TINDAK PIDANA MAKAR: KAJIAN YURIDIS SERTA ANALISIS DALAM PERSPEKTIF SOBURAL Yoanda Widi Pranata; Rendy Airlangga
Jurnal Ilmiah Advokasi Vol 14, No 2 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i2.8304

Abstract

The phenomenon of symbolic expression has generated legal debate concerning the boundary between freedom of expression and the criminal offense of treason (makar) in Indonesian criminal law. This study aims to analyze the threshold of criminal liability for symbolic expression and the application of the SOBURAL Approach (Social–Cultural–Structural) as a contextual framework. This study employs a normative juridical method with statutory, conceptual, and comparative approaches. The findings indicate that the former Criminal Code (Wetboek van Strafrecht) focuses on “commencement of execution” as the threshold of criminal liability, whereas the Indonesian National Criminal Code (Law No. 1 of 2023) expands this threshold to the stage of “preparatory acts”. The novelty of this study lies in the application of the SOBURAL Approach to understand the social, cultural, and structural context of symbolic expression, as well as the development of treason assessment parameters based on criminal law doctrine and the analysis of judicial reasoning patterns in treason-related court decisions. The boundary between symbolic expression as a form of freedom of expression and the offense of treason lies in whether the constituent elements of the offense are fulfilled. Therefore, the application of provisions on the criminal offense of treason must be conducted objectively, proportionally, and based on evidence to maintain a balance between freedom of expression and the protection of the state. Keywords: Freedom of Expression; Symbolic Expression; Indonesian National Criminal Code (Law No. 1 of 2023); The Criminal Offense of Treason (Makar); SOBURAL Approach
TANGGUNG JAWAB HUKUM PEKERJA DALAM PENGGANTIAN KERUGIAN PERUSAHAAN: STUDI KASUS PADA SEKTOR RITEL DI INDONESIA Abdillah Abdillah; Purwanto Purwanto; Erna Susanti
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.6835

Abstract

The rapid development of the retail sector in Indonesia in the era of globalization has generated increasingly complex employment relations, including issues concerning employees’ liability for company losses. In practice, particularly within modern retail businesses such as minimarkets, wage deductions are frequently imposed on employees on the grounds of alleged negligence, cash discrepancies, inventory shortages, distribution errors, or suspected theft. This study aims to analyze the legal basis of employee liability in compensating company losses and to assess its conformity with Indonesian labor law regulations. The research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that employee liability must be grounded in the principle of fault-based liability and cannot be imposed unilaterally without a clear evidentiary mechanism. Wage deductions as a form of compensation for losses cannot be applied automatically, as wage policies under Law Number 13 of 2003 on Manpower (as amended) provide legal protection for employees’ wages, including limitations on fines and deductions. Therefore, a fair and proportionate legal mechanism is necessary to ensure a balanced protection between corporate interests and workers’ rights. Keywords: legal liability; employee; company losses; wage deductions; retail sector.
PELAKSANAAN RESTITUSI BAGI KORBAN TINDAK PIDANA PENIPUAN INVESTASI DENGAN SKEMA ROBOT TRADING: STUDI KASUS DI LEMBAGA PERLINDUNGAN SAKSI DAN KORBAN (LPSK) Rajib Aliwafa Zarkasy; Maria Novita Apriyani
Jurnal Ilmiah Advokasi Vol 14, No 2 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i2.8575

Abstract

Fraudulent investment schemes using the Viral Blast Global robot-trading platform caused substantial financial losses and raised legal problems in fulfilling victims’ rights to restitution. This study aims to analyze the implementation of restitution for victims of fraudulent investment crimes using a robot-trading scheme, as well as the obstacles faced by the Witness and Victim Protection Agency (LPSK) in fulfilling victims’ rights. This research employs an empirical juridical method with case, structural, and statutory approaches based on the KUHAP, Law Number 31 of 2014, Government Regulation Number 35 of 2020, Government Regulation Number 7 of 2018, and Supreme Court Regulation Number 1 of 2022. The data were obtained from interviews at LPSK and secondary legal materials, including official documents and the Surabaya District Court Decision Number 1466/Pid.Sus/2022/PN Sby. The findings show that LPSK has carried out administrative verification, substantive examination, the establishment of the Compensation Assessment Team, and the submission of restitution before the court decision. However, the implementation of restitution faces obstacles in the form of overlapping execution authority, difficulties in proving victims’ financial losses, and low victim participation. The analysis also shows that the court ruling assigning execution duties to LPSK creates disharmony with the existing legal framework, since execution should legally fall under the authority of the prosecutor. This study concludes that restitution implementation in the Viral Blast Global case has been carried out, but it still requires regulatory harmonization, clearer execution mechanisms, and a more adaptive evidentiary framework for digital-based crimes.Keywords: Restitution; Victims’ Rights; Fraud Offenses; Robot Trading; LPSK.
IMPLEMENTASI PERLINDUNGAN KORBAN KEKERASAN DALAM RUMAH TANGGA MELALUI KEADILAN RESTORATIF DI KEPOLISIAN DAERAH JAWA TIMUR Daniel Mangara Tua Pandiangan; Maria Novita Apriyani
Jurnal Ilmiah Advokasi Vol 14, No 2 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i2.8444

Abstract

The increasing incidence of domestic violence (DV) in Indonesia indicates that legal protection for victims continues to face significant challenges, particularly in ensuring case resolution mechanisms that not only emphasize the punishment of offenders but also guarantee victims' recovery, safety, and access to justice. Within this context, restorative justice has emerged as an alternative approach implemented during the criminal investigation process to resolve certain domestic violence cases. This study aims to analyze the implementation of victim protection through restorative justice during the investigation stage at the East Java Regional Police (Polda Jawa Timur), evaluate the fulfillment of victims' rights throughout the case resolution process, and identify the obstacles affecting the effectiveness of victim protection. The research employed a normative-empirical (socio-legal) approach, using statutory, conceptual, and empirical approaches through document analysis and interviews with investigators and other relevant stakeholders. The findings indicate that victim protection has been implemented through compliance with formal and substantive requirements, the conduct of restorative mediation, and the termination of investigations when agreements adequately safeguarding victims' interests are reached. However, the effectiveness of victim protection remains constrained by unclear procedural time limits, varying interpretations among investigators regarding the application of restorative justice, the psychological vulnerability of victims, and technical challenges encountered during the mediation process. These obstacles have prevented the optimal implementation of victim protection, highlighting the need for clearer implementation guidelines, enhanced investigators' capacity, and stronger inter-agency coordination to ensure more effective protection for victims of domestic violence.Keywords: victim protection; domestic violence; restorative justice; criminal investigation; East Java Regional Police.
PERLINDUNGAN HAK MASYARAKAT HUKUM ADAT ATAS TANAH ADAT: STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 47 PK/PDT/2021 Ilham Fajar Sayuti; M Sofyan Pulungan
Jurnal Ilmiah Advokasi Vol 14, No 2 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i2.8512

Abstract

This study aims to examine the legal validity of customary land sale and purchase transactions that result in the transfer of individual customary land rights to other parties and to analyze the legal protection afforded to indigenous peoples based on Supreme Court Decision Number 47 PK/Pdt/2021. The research employs a normative legal research method using statutory, case, and conceptual approaches. The study relies on primary legal materials consisting of legislation and court decisions, supported by secondary legal materials including books, scholarly articles, and legal doctrines, which are analyzed qualitatively through legal interpretation. The findings reveal that the disputed customary land transaction failed to satisfy the legal requirements of a valid agreement under Article 1320 of the Indonesian Civil Code because it was based on invalid legal documents, thereby rendering both the transfer of rights and the resulting certificate of ownership legally defective. Furthermore, the transfer of customary land rights did not comply with customary law, the Basic Agrarian Law, and the legal framework governing indigenous peoples in Papua. Supreme Court Decision Number 47 PK/Pdt/2021 demonstrates that legal protection for indigenous peoples extends beyond formal documentary evidence by recognizing customary law, historical possession, and local wisdom as important judicial considerations. This study contributes to the development of Indonesian land law by affirming the jurisprudential value of the decision in strengthening the protection of indigenous land rights and providing guidance for resolving future customary land disputes.Keywords: indigenous peoples; customary land; legal protection; individual customary rights; jurisprudence.

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