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INDONESIA
JOURNAL of LEGAL RESEARCH
Published by Universitas Islam Negeri Syarif Hidayatullah Jakarta
ISSN : 27157172     EISSN : 27157164     DOI : 10.15408
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Journal of Legal Research is a peer-reviewed journal on legal research published quarterly (February, May, August, November) since 2019 by Departemen Legal Studies Faculty of Sharia and Law Universitas Islam Negeri Syarif Hidayatullah Jakarta in cooperation with Center for the Study of Constitution and National Legislation (POSKO-LEGNAS). Journal of Legal Research aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system. Published exclusively in English, the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as privacy laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 7 No. 1 (2025)" : 6 Documents clear
Disparitas Putusan Peninjauan Kembali(Putusan Mahkamah Agung No. 109 Pk/Pid/2007 Dan No. 133 Pk/Pid/2011)dalam Kasus Pembunuhan Berencana Munir Said Thalib Dan Penggunaan Surat Palsu Oleh Terpidana Pollycarpus Budihari Priyanto Nuha, Muhammad Ulin; Burhanudin; Rambe, Mara Sutan
JOURNAL of LEGAL RESEARCH Vol. 7 No. 1 (2025)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v7i1.16540

Abstract

This research analyzes the implementation of judicial review applications filed by both public prosecutors and defendants, focusing on the applicants’ legal grounds and the judges’ considerations in Supreme Court Decisions No. 109 PK/Pid/2007 and No. 133 PK/Pid/2011. The study employs a normative juridical approach, which examines relevant laws, legal principles, and scholarly doctrines to address the research questions systematically. The findings reveal that the right to file a judicial review is not limited to convicted persons but may also be exercised by public prosecutors. A judicial review may be accepted when judicial error occurs during the trial or when new evidence (novum) emerges that could significantly alter the verdict. The research further emphasizes that judges must act independently, free from external influence, and base their rulings solely on legal facts and judicial conviction.
Pemidanaan Bagi Pelaku Tindak Pidana Pencabulan Dalam Perspektif Kitab Undang-Undang Hukum Pidana Analisis Putusan Nomor 833/Pid/B/2018/PN.JKT.Sel Lisannul Abror, Farahdiba Bagiawan; Burhanudin; Helmi, Muhammad Ishar
JOURNAL of LEGAL RESEARCH Vol. 7 No. 1 (2025)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v7i1.27849

Abstract

This study analyzes the application of law in the sentencing of perpetrators of sexual harassment and the judicial considerations in deciding such cases, particularly when the criminal sanctions imposed are inconsistent with the prevailing legal provisions. The research aims to understand the implementation of criminal law in punishing offenders and the reasoning of judges in adjudicating sexual harassment cases, with specific reference to the South Jakarta District Court Decision No. 833/Pid/B/2018/PN.JKT.Sel. The study adopts both the case approach and the statute approach, employing a normative legal research method that examines the Indonesian Criminal Code (KUHP) and the relevant court decision as primary sources of analysis. The findings reveal that in the referenced case, the public prosecutor formulated an alternative indictment under Article 290(1) or Article 281(2) of the Criminal Code. The panel of judges ultimately applied Article 281(2) and sentenced the defendant to ten months of imprisonment. The judgment was based on three primary considerations: the testimony of witnesses, the visum et repertum (medical report), and the defendant’s own statement during the trial.
Pemidanaan Terhadap Anak Di Bawah Umur dalam Penyalahgunaan Narkotika: Studi Kasus Putusan Pn Solok No.2/Pid.Sus -Anak/2018/Pn.Slk Bani, Nurlisa; Alfitra; Rambe, Mara Sutan
JOURNAL of LEGAL RESEARCH Vol. 7 No. 1 (2025)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v7i1.27940

Abstract

This study analyzes the criminalization of minors in narcotics abuse cases, as reflected in the Solok District Court Decision No. 2/Pid.Sus-Anak/2018/PN.Slk. Specifically, it explores the factors contributing to drug abuse among minors and the judicial considerations applied by the panel of judges in determining sanctions for juvenile offenders. The research employs a qualitative method with a statute approach, grounded in the Court Decision, Law No. 35 of 2009 on Narcotics, Law No. 35 of 2014 on Child Protection, and Law No. 11 of 2012 on the Juvenile Criminal Justice System. The findings reveal that drug abuse among minors is largely influenced by improper social interactions, which are further categorized into several triggering factors: family environment, social influence, education, psychological development, religious values, and geographical conditions. The court’s judgment in imposing sanctions on the child offender is examined from three perspectives, juridical, sociological, and philosophical while also considering the possible application of restorative justice through the diversion system. This study highlights the importance of balancing legal accountability with child protection principles in addressing juvenile narcotics offenses.
Perlindungan Hukum Terhadap Pencipta Lagu Akibat Pengunggahan Kembali Ke Media Youtube: Analisis Putusan Nomor 913 K/Pdt.Sus-HKI/2022 Andini, Shafiyah Laila; Gueci, Jur Rizal Sofyan
JOURNAL of LEGAL RESEARCH Vol. 7 No. 1 (2025)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v7i1.32039

Abstract

The main issue addressed in this study is the increasing number of copyright infringements in the field of songs and music, particularly by irresponsible parties who re-upload television broadcasts to YouTube, as examined in Court Decision No. 913 K/Pdt.Sus-HKI/2022. The purpose of this study is to identify the judicial considerations in Decision No. 913 K/Pdt.Sus-HKI/2022 regarding the legal protection of songwriters and to analyze the determination of compensation for the creators. This research employs a normative legal method using both the statute approach and the case approach. The findings indicate that, in accordance with Law No. 28 of 2014 on Copyright, copyright disputes are resolved through civil lawsuits filed with the Commercial Court, and no appeal mechanism is available. The judicial considerations in Decision No. 913 K/Pdt.Sus-HKI/2022 are deemed appropriate, as they refer to the relevant provisions of Law No. 28 of 2014 and other applicable regulations and government decrees. This decision reaffirms the state’s role in protecting creators’ moral and economic rights in the digital era.
Perjanjian Franchise Antara Mysalon Dan Ratnasari Lukitaningrum (Studi Putusan Mahkamah Agung No.493/Pdt/2018/Pt.DKI) Shabriansyah, Rahmat Ivan; Tamrin, Abu
JOURNAL of LEGAL RESEARCH Vol. 7 No. 1 (2025)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v7i1.46861

Abstract

This study analyzes the breach of contract (wanprestatie) committed by a franchisee in executing the agreement established with the franchisor. The research adopts a statute approach combined with an analytical approach to examine the relevant legal provisions and their practical implications. The findings indicate that RL, as the franchisee, failed to fulfill contractual obligations under the agreement with MYSalon, the franchisor. Initially, MYSalon demonstrated good faith by summoning the franchisee and offering an opportunity to settle outstanding payment obligations. However, the franchisee refused to comply and instead unilaterally closed the MYSalon outlet under their management while filing a lawsuit before the South Jakarta District Court. To prevent the franchisor’s claim from becoming illusory and to ensure compensation for material losses, the franchisor requested the court to impose a conservatory attachment (conservatoir beslag) on all movable assets, equipment, and furniture owned by the franchisee across all managed outlets. Furthermore, the franchisor petitioned the court to prohibit the franchisee from using the MYSalon name and trademark, which legally belong to the franchisor.
Upaya Kepolisian Republik Indonesia Dalam Penanggulangan Tindak Pidana Perjudian Online Fittra, Diky Hikmatul
JOURNAL of LEGAL RESEARCH Vol. 7 No. 1 (2025)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v7i1.46862

Abstract

Online gambling is one form of cybercrime and represents a persistent social problem that has proven difficult to eradicate across generations. This study aims to analyze the legal framework regulating online gambling offenses and the efforts undertaken by the Kuningan Police in combating such crimes. The research employs a juridical-empirical method, using both the statute approach and the case approach to examine relevant legal norms and their practical implementation. The findings show that the regulation of online gambling is stipulated in the Indonesian Criminal Code (KUHP). The Kuningan Police’s efforts to address online gambling include conducting community outreach programs, cooperating with local village officials, and performing routine patrols. However, the study also identifies several obstacles that hinder effective law enforcement, such as limited public awareness, difficulties in tracing online offenders, and insufficient coordination among law enforcement institutions. Consequently, the role of the police in handling online gambling cases remains less effective, highlighting the need for stronger inter-agency cooperation and enhanced technological capacity to counter this evolving form of cybercrime.

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