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Jurnal JURISTIC Sekretariat Program Studi Hukum Program Magister Fakultas Hukum Universitas 17 Agustus 1945 Semarang Jl. Pemuda No. 70 Semarang, Jawa Tengah, Indonesia
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INDONESIA
Jurnal JURISTIC (JuJUR)
ISSN : -     EISSN : 27216098     DOI : -
Core Subject : Social,
Jurnal JURISTIC (JuJUR) merupakan jurnal ilmiah yang berkenaan dengan hukum, diterbitkan oleh Program Studi Hukum Program Magister, Fakultas Hukum Universitas 17 Agustus 1945 Semarang. Diterbitkan 3 (tiga) kali dalam satu tahun, yaitu pada bulan April, Agustus dan Desember. JuJUR menerima artikel ilmiah hasil penelitian maupun konseptual yang belum pernah dipublikasikan di tempat lain. Ruang lingkup kajian meliputi: Hukum Tata Negara; Hukum Administrasi; Hukum Pidana; Hukum Perdata; Hukum Internasional; Hukum Politik dan Pemerintahan; Hukum Kesehatan; Hukum Acara; Hukum Adat; Hukum Bisnis; Hukum Kepariwisataan; Hukum Lingkungan; Hukum Dan Masyarakat; Hukum Informasi Teknologi Dan Transaksi Elektronik; Hukum Hak Asasi Manusia; dan kajian lainnya yang berkaitan dengan hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 177 Documents
Analisis Yuridis terhadap Fenomena Deepfake dalam Konteks Hak Privasi di Era Digital Global Pertiwi, Berliant; Kriswandaru, Althea Serafim
Jurnal JURISTIC Vol 5, No 01 (2024): Jurnal JURISTIC
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jrs.v5i01.6157

Abstract

The rapid development of Artificial Intelligence (AI) technologies has significantly transformed digital content production, particularly through deepfake technology, which enables the creation of hyper-realistic audio-visual representations without consent. This phenomenon poses substantial threats to individual privacy and the integrity of digital identity, especially in legal systems that lack responsive regulatory frameworks. This study aims to analyze the extent to which the Indonesian legal system is equipped to protect individual privacy rights from deepfake threats and to examine regulatory models from other jurisdictions as comparative references. Employing a normative juridical approach combined with comparative legal analysis, the research reviews national laws, international regulations, academic literature, and case studies involving non-consensual synthetic content. The findings reveal that Indonesia lacks specific legal instruments addressing digital image and voice authorization. Although Law No. 27 of 2022 on Personal Data Protection and the Electronic Information and Transactions Law are in place, they do not explicitly cover digital identity manipulation. Indonesia's regulatory framework remains insufficient compared to regulations such as the European Union’s General Data Protection Regulation (GDPR) and AI Act, or the United Kingdom’s Online Safety Act. The study identifies five legal dimensions relevant to deepfake regulation, with three of them, including digital voice, image rights, and digital authorization, currently unregulated. This research contributes to the discourse on digital law by highlighting the urgency for regulatory reform and the recognition of digital identity as a protected legal right within Indonesia’s legal system.
Restitusi Sebagai Perwujudan Restorative Justice di Peradilan Indonesia Putra, Rexy Meidi; Martha, Tawang Amuhara
Jurnal JURISTIC Vol 6, No 01 (2025): Jurnal JURISTIC
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jrs.v6i01.6019

Abstract

Restorative justice has become a serious concern in the criminal justice system of Indonesia, as reflected in various regulations, such as the Juvenile Criminal Justice System Law and the National Criminal Code. One important aspect of this approach is restitution, which aims to restore the condition of victims due to criminal acts. Although regulations have accommodated restitution as part of restorative justice, its implementation still faces various obstacles. This article aims to analyze the effectiveness of fulfilling restitution in the Indonesian criminal justice system. The results of the research show that a gap still found between the judge's decision regarding restitution and the level of perpetrator compliance in paying it. Its Factors is weak law enforcement, lack of socialization, and minimal public legal awareness are the main problem in the enforcement of restitution. Therefore, efforts are needed to strengthen regulations, increase the role of law enforcement officers, and educate the public to ensure the effectiveness of restitution as a real manifestation of restorative justice in Indonesia.
Reformasi Kekosongan Hukum Dalam Eksekusi Putusan Tindak Pidana Lingkungan Hidup Terhadap Pengelolaan Limbah B3 Ngamilatun, Ngamilatun; Kusumaningrum, Anggraeni Endah
Jurnal JURISTIC Vol 6, No 01 (2025): Jurnal JURISTIC
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jrs.v6i01.6068

Abstract

The execution of decisions in environmental crime cases, particularly those related to the management of Hazardous and Toxic Waste (B3), often faces various obstacles due to legal vacuums that hinder the implementation of penalties. Legal reform in this context becomes crucial to ensure that law enforcement against environmental violations can operate effectively and justly. This research employs a normative juridical method with an approach to legislation, case studies, and conceptual analysis. Data is obtained from legal literature reviews as well as the analysis of court decisions related to environmental crimes. This study discusses the reform efforts needed to address legal vacuums, focusing on improving regulations and decision execution mechanisms. Various challenges faced in executing decisions on environmental crimes are also outlined, including limited resources, unclear technical regulations, and lack of coordination among related institutions. With the right reforms, it is expected that there will be an increase in effectiveness in environmental protection through more stringent enforcement against violations of hazardous waste management.
Perlindungan Hukum Bagi Kreditur Dalam Perjanjian Kredit Yang Terjadi Wanprestasi Di BPR Muncul Artha Sejahtera Semarang kunarto, kunarto; Pratiwi, Febriyana Mega
Jurnal JURISTIC Vol 6, No 01 (2025): Jurnal JURISTIC
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jrs.v6i01.6306

Abstract

One of the efforts made by creditors to address non-performing loans is through the auction of collateral secured or encumbered by a mortgage right. This study raises two main issues: fisrt  how  is legal protection provided to creditors in credit agreements that experience default with collateral in the form of mortgage rights at BPR Muncul Artha Sejahtera Semarang? And second What obstacles are encountered in the implementation of legal protection for creditors in such credit agreements, and what are the solutions? This research employs a normative legal research method with a descriptive-analytical specification, aiming to describe applicable legal norms and assess their implementation without drawing general conclusions. The findings indicate that legal protection for creditors in defaulted credit agreements with mortgage collateral at BPR Muncul Artha Sejahtera Semarang is implemented through several stages: rescheduling, reconditioning of interest burden, restructuring, and the sale of the mortgage collateral. The bank encounters obstacles in executing the sale of mortgage collateral, but continues to inform the debtor, in accordance with the credit agreement, that the collateral will be sold to fulfill the debtor’s obligation to repay the debt. As a solution, the debtor is given the opportunity to settle the debt or sell the collateral independently.
Perlindungan Hukum Terhadap Hak Milik Atas Tanah Yang Hilang Akibat Abrasi Koswara, Nur Salsabila; Djaja, Benny; Sudirman, M
Jurnal JURISTIC Vol 6, No 01 (2025): Jurnal JURISTIC
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jrs.v6i01.5991

Abstract

A natural phenomenon known as abrasion can eliminate or reduce land area, especially in coastal areas. The purpose of this research is to find out the legal protection of land ownership rights lost due to abrasion. This article will discuss the legal protection of property rights to land lost due to abrasion, both from the point of view of agrarian law and the practice of Notaries. Legislation, cases, and concepts are used in normative juridical research. The results of the study show that there is a need for more specific and clear arrangements regarding soil abrasion in Indonesian agrarian law, given the uncertainty faced by landowners. Legal protections should be clearly formulated to determine the status of land ownership lost to abrasion and the appropriate mechanism for filing claims or obtaining compensation.  Likewise, the role of Notaries cannot be denied, considering that notaries function as a liaison in legal processes related to land. By providing legal certainty through authentic documents, notaries can help reduce disputes that arise due to loss of property rights.
Kaitan Informed Consent Dengan Prinsip Hak Asasi Manusia Di Era Digital Gaol, Hotben Marchiano Lumban; Siregar, Rospita Adelina
Jurnal JURISTIC Vol 6, No 01 (2025): Jurnal JURISTIC
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jrs.v6i01.6069

Abstract

Informed consent is an important principle in protecting individual rights, especially in the context of medicine, research, and is now increasingly relevant in the digital world. In the digital era, the collection, use, and distribution of personal data pose new challenges to the protection of human rights, especially the rights to privacy, freedom of expression, and protection against data misuse. This research is a normative legal research with a statutory approach.  This article examines the relationship between Informed consent and human rights principles in the digital era, and provides a critical analysis of its implementation in current digital policies and practices
Kewenangan ASEAN Political-Security Community dalam Menghadapi Klaim Nine-Dash Line China Nurhayati, Ema
Jurnal JURISTIC Vol 6, No 01 (2025): Jurnal JURISTIC
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jrs.v6i01.5984

Abstract

This research analyzes the jurisdictional limitations of the ASEAN Political-Security Community (APSC) in addressing China's Nine-Dash Line claim in the South China Sea. Through a qualitative approach examining policy documents and recent academic literature, this study evaluates the effectiveness of instruments developed by APSC such as the Declaration on the Conduct of Parties (DOC) and the Code of Conduct (COC) negotiation process. The findings indicate that APSC's authority is constrained by several fundamental factors: the principles of non-intervention and consensus-based decision-making that create structural weaknesses, limitations in UNCLOS implementation due to China's rejection of the 2016 arbitration ruling, the dilemma of balancing "ASEAN centrality" with the need to involve external powers, and the absence of effective enforcement mechanisms. Based on these findings, this research recommends: (1) development of a regional dispute resolution mechanism based on UNCLOS that can overcome jurisdictional limitations, (2) implementation of a "minilateralism" model involving directly affected ASEAN countries to address consensus barriers, and (3) strengthening APSC's institutional capacity through establishing dedicated monitoring bodies, rapid response protocols for maritime incidents, and integrating non-traditional security approaches as starting points for building trust among conflicting parties.
Dampak Penetapan Batas Umur Perkawinan Berdasarkan Undang-Undang Nomor 16 Tahun 2019 Terhadap Dispensasi Kawin Di Kabupaten Purbalingga Sagita, Anisa Nur; Marsitiningsih, Marsitiningsih
Jurnal JURISTIC Vol 6, No 02 (2025): Jurnal JURISTIC
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jrs.v6i02.6422

Abstract

Marriage in Indonesia is governed by Law Number 16 of 2019, which sets the minimum legal age for marriage at 19 years for both men and women. Despite this regulation, the marriage dispensation continues in Purbalingga Regency, influenced by social, economic, and cultural factors, including premarital pregnancy and social pressure. Data indicate a decline in the number of marriage dispensation casesfrom 442 in 2022, to 398 in 2023, and 321 in 2024. This legal age stipulation aims to protect children’s rights and improve the quality of education and reproductive health among adolescents. This study analyzes two key aspects: the factors considered by judges when deciding on marriage dispensation requests and the impact of the legal age provision on early marriage practices. The research employs a normative juridical approach supported by field data. Findings reveal that judges at the Purbalingga Religious Court consider the emotional readiness of the prospective spouses, the reasoning behind the request, and the social implications of the decision. Furthermore, the age stipulation has significantly reduced instances of early marriage, with the expectation that individuals who marry at a later age possess greater emotional maturity. This study underscores the importance of child protection and public awareness regarding the appropriate legal age for marriage.
Pengaruh Opini Publik di Media Sosial terhadap Independensi Hakim dalam Memutus Suatu Perkara (Perspektif Rule of Law dan Rule of Ethics) Rahman, Kholilur; Suryoutomo, Markus; Islam, Muhammad Saiful
Jurnal JURISTIC Vol 6, No 02 (2025): Jurnal JURISTIC
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jrs.v6i02.6499

Abstract

The current digital era, the use of social media has proliferated, where many people use social media such as Facebook, Instagram, Twitter, or other media to express their opinions. Moreover, as stated in Article 28 E of the 1945 Constitution, freedom of expression has been guaranteed by law that everyone has the freedom to associate, assemble, and express opinions. This study will discuss the impact of public opinion through social media on the integrity of judges in making decisions (in the perspective of the rule of law and the rule of ethics). Because, in principle, judges must, of course, be based on relevant facts and legal rules that are used as a juridical basis in making decisions. Not being swept away in public opinion and/or not being influenced by issues that develop on social media because unfair decisions will have an impact on the judiciary and the people who are affected by the decision. So, in this case, the profession of judges is tied to the rule of law and the rule of ethics, which basically aims to maintain the dignity of judges and the nobility of the profession of judges. The research method used is normative, using statutory, conceptual, and case study approaches.
Relevansi Nusyuz Suami Dalam Perkara Perceraian (Studi Putusan 2472/Pdt.G/2023/PA.Lmg dan 257/Pdt.G/2020/PA.Mtr) Adityarani, Nadhira Wahyu; S, Nathania Permata
Jurnal JURISTIC Vol 6, No 02 (2025): Jurnal JURISTIC
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jrs.v6i02.6504

Abstract

This study examines the concept of husband's nusyuz in Islamic family law and its relevance as a valid reason for divorce in Religious Courts. While nusyuz has often been associated exclusively with wives, contemporary approaches suggest that husbands can also commit nusyuz when they neglect their household obligations, such as failing to provide maintenance, committing violence, or abandoning their wives without just cause. This study uses a normative-empirical legal method with a statutory, conceptual, and sociological approach. The study focuses on the analysis of two court decisions, namely Decision Number 2472/Pdt.G/2023/PA.Lmg and Decision Number 257/Pdt.G/2020/PA.Mtr, which indicate that a husband's actions that violate his wife's rights have been recognized as grounds for divorce even though they are not explicitly stated as nusyuz. The results of this study confirm that husband's nusyuz can be used as a legal basis in a divorce suit by a wife, in accordance with the provisions of Article 39 paragraph (2) of Law Number 1 of 1974 and Article 116 of the Compilation of Islamic Law. This finding also contributes to a renewed perspective on Islamic family law, focusing on fairer and more equal treatment.