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INDONESIA
Jurnal Independent
Published by Universitas Islam Lamongan
ISSN : 27752011     EISSN : 27751090     DOI : https://doi.org/10.30736/ji.v13i2
Core Subject : Humanities, Education, Social,
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences
The Jurnal Independet is a peer-reviewed academic journal focusing on the development of legal studies and practices in national and international contexts. It publishes scholarly articles, research findings, case studies, and critical analyses covering various fields of law, including constitutional law, criminal law, civil law, administrative law, international law, human rights, and legal philosophy. This journal seeks to provide a platform for academics, legal practitioners, policymakers, and students to exchange ideas, foster dialogue, and contribute to the advancement of legal knowledge. With an interdisciplinary approach, the journal emphasizes both theoretical perspectives and practical implications in addressing contemporary legal challenges. The journal is published [periodically—e.g., twice a year/quarterly] and welcomes submissions in English and Bahasa Indonesia, ensuring accessibility to a wide range of readers. Its mission is to strengthen legal scholarship and support the development of just and sustainable legal systems.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 225 Documents
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IMPLEMENTATION OF PRO BONO IN THE ADVOCATE PROFESSION Arifin, Syamsul; Shodiq, Ja'far; Albab, Ulil; Septiani, Dina Florensia
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.352

Abstract

Abstract Advocates in undergoing the litigation process get the title of officium nobile. The honourable title that advocates have is to see their role in guarding law enforcement. The expected law enforcement is the concern and role of advocates in helping underprivileged people. Legal aid to the underprivileged is known as pro bono. The study in this research uses a juridical-normative approach by referring to laws and books related to the implementation of pro bono for advocates. The process of applying for pro bono is by following the laws and regulations that have been in force in Indonesia. Adhering to Government Regulation No. 83/2008 and Law No. 16/2011.
The principle of Restorative Justice in sentencingIn the 2023 Criminal Code Ningtias, Ayu Dian; Nahdliyah, Hadziqotun; Nugroho, Fajar Seto; Akbari, Damai Al
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.354

Abstract

Abstract the concept and analysis of the regulation of the principles of restorative justice in the 2023 Criminal Code is a solution for imposing sentences on minor criminal cases and avoiding short-term imprisonment, as well as preventing this. Application of the principle that the aim is to prevent people from being punished. This is for protection and is seen in society as an effort to rehabilitate the perpetrator. By upholding a sense of justice and the benefits of the law, as well as Pancasila values in law enforcement and criminal objectives, implementing the principle of judge's forgiveness in the 2023 Criminal Code means that there are defendants who have not been found guilty or served a sentence, even though their charges have been legally and convincingly proven.
The Legal Position and Urgency of Postnuptial Agreements in the Perspective of Civil Law and Islamic Law Hediati, Febri Noor; Kasanah, Alimatu Mahfudhotin; Astarina, Yennita
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.382

Abstract

Marriage, a fundamental human right, establishes a legal bond between a man and a woman, a bond that is recorded by the state in accordance with their respective religions and beliefs. Throughout the duration of a marital relationship, a variety of domestic issues may emerge. In recent times, domestic issues such as infidelity, online gambling, and domestic violence (DV) have become increasingly prevalent. The present study employs a doctrinal legal research method, utilizing both primary and secondary data sources. The primary sources consulted for this study include Law No. 1 of 1974, the Indonesian Civil Code (KUHPerdata), and the Compilation of Islamic Law. The secondary sources, which consist of supporting materials such as books, journals, and websites related to marital agreements, were also reviewed. The initial research finding indicates that, after the Constitutional Court Decision No. 69/PUU-XIII/2015, marital agreements can be executed not only prior to or concurrently with the initiation of marriage but also after the formal establishment of marital bonds. This signifies that postnuptial agreements are legally acknowledged and can be utilized to regulate the management of property and the responsibilities of spouses during marriage. A postnuptial agreement plays a crucial role in modifying legal provisions related to the separation of premarital property and inherited property within marriage. Marital agreements regulate wealth and may include additional clauses based on the principle of freedom of contract, if they do not contradict statutory law as specified in Article 1338(1) of the Civil Code. The second research finding indicates that the provisions of a postnuptial agreement offer numerous advantages under both positive law and the concept of maqasid al-syari’ah. These advantages include the protection of each spouse's assets, the prevention of financially detrimental actions, and the mitigation of the repercussions of domestic disputes.
Settlement of Regional Election Results Disputes: A Normative Analysis of the Provisions of Legislation in Indonesia: Settlement of Regional Election Results Disputes: A Normative Analysis of the Provisions of Legislation in Indonesia Rochmawanto, Munir; Sholihah, Fithriyatus; Faizah, Niswatun; Ramadhan, Panji Dani
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.383

Abstract

Regional Head Elections (Pilkada) are a crucial pillar of Indonesia's democratic system, manifesting popular sovereignty at the local level. Despite being a manifestation of democracy, Pilkada often gives rise to disputes that impact political stability and public trust. This study aims to examine the legal regulations and mechanisms for resolving disputes over the results of Regional Head Elections in Indonesia and identify challenges and solutions in their implementation. The research method used is normative juridical with a statutory approach. The results indicate that the Constitutional Court has the authority to handle disputes over the results of Regional Head Elections, while the Election Supervisory Agency (Bawaslu) and the State Administrative Court (PTUN) handle disputes over the process and state administration. However, implementation in the field faces challenges due to multiple interpretations of regulations, overlapping authority, and political pressure. Regulatory improvements, institutional strengthening, and legal education are needed to maintain the integrity of the Pilkada.
Attributing Legal Responsibility for Deepfake Pornography Generated by Artificial Intelligence: A Juridical Analysis Dian Ningtias, Ayu; Nabilah, Wardatun; Ardiansyah, Diyan
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.384

Abstract

The development of artificial intelligence technology has brought about major transformations in various fields, including in the digital media sector. One form of innovation that has emerged is deepfake technology. Although useful in some positive contexts, this technology has also been misused, especially in the form of pornographic deepfakes, namely the creation and distribution of fake pornographic content by displaying someone's face without permission. This phenomenon raises serious problems because it not only violates the right to privacy and individual dignity, but also has psychological and social impacts on victims. Although Indonesia does not yet have regulations that specifically regulate deepfakes, perpetrators can still be charged using the provisions of the Electronic Information and Transactions Law (UU ITE), the Pornography Law, and the Criminal Code (KUHP). However, the existing legal framework has not been fully able to answer the challenges of digital crime that continues to grow. Therefore, a more comprehensive and adaptive regulatory update is needed, as well as a strong legal protection mechanism for victims, to ensure legal justice in the increasingly complex digital era.
Legal Accountability of Persons with Disabilities as Perpetrators of Criminal Acts of Sexual Violence Isnaini, Enik; Kasumawati, Devi; Rupawanti, Nadia
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.385

Abstract

In the Crime of Sexual Violence, a person with a disability is not only a potential victim, but can also be a perpetrator. People with disabilities are also categorized as legal subjects. This raises legal issues related to the capacity to be criminally responsible, as well as how the legal system provides fair treatment for both victims and perpetrators. However, it still provides fulfillment of rights and protection for people with disabilities as perpetrators of sexual violence. Legal accountability for people with disabilities as perpetrators of sexual violence must continue to be enforced in accordance with applicable regulations and perpetrators are required to be held accountable for their actions, if they are in a condition capable of being responsible. Therefore, in this case, it is not only providing justice for the victim but also for the perpetrator by paying attention to the law running fairly and non-discriminatory.
Diversion Provisions in Criminal Law: A Normative Review of Diversion in Cases of Children in Conflict with the Law Royani, Acmad; Arifin, Syamsul; Seto Nugroho, Fajar; Indah Suryani, Dewi
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.386

Abstract

Children are individuals who are in the development stage and have special vulnerabilities, especially when dealing with the law. The state has a constitutional obligation to provide legal protection for children in conflict with the law, as regulated in the 1945 Constitution and a number of national laws and regulations, and reinforced by international conventions such as the CRC. This study aims to examine the regulation of the human rights of children involved in the criminal law process and to examine the implementation of the diversion mechanism at the investigation stage as a form of restorative justice in the juvenile criminal justice system. The method used is normative juridical with a statute approach to primary legal materials such as the 1945 Constitution, the SPPA Law, and its implementing regulations. The results of the study show that although the regulations have provided a strong legal basis to guarantee the protection and recovery of children, the implementation of diversion still faces structural and cultural obstacles, such as limited understanding of the apparatus and minimal support for facilities. Therefore, it is necessary to strengthen institutional capacity, increase cooperation between institutions, and update the legal approach that is oriented towards the best interests of children.
Legal Protection for Consumers in the Distribution of Illegal Gadgets Nahdliyah, Hadziqotun; Faizah, Isniyatin; Suisno; Taqiyuddin , Moh. Fatih
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.387

Abstract

Technological developments and the high demand for gadgets have led to the widespread distribution of products that do not comply with legal requirements, particularly those related to customs. The distribution of gadgets without official customs documents not only harms the state in terms of tax revenue but also causes losses for consumers. This study aims to analyze the form of legal protection for consumers who purchase illegal gadgets without knowing their legal status, as well as examine the government's role in combating the circulation of these products. The research method used is normative juridical with a statutory regulatory approach. The results show that consumers have the right to security, comfort, and correct information as stipulated in Law Number 8 of 1999 concerning Consumer Protection. However, weak supervision and a lack of legal literacy make consumers vulnerable to becoming victims. Therefore, it is necessary to strengthen regulations, increase supervision of product distribution, and educate the public so that consumer rights are optimally protected
The Concept of Concursus Realis in Criminal Law; A Legal Study of The Crimes of Rape and Murder Seto Nugroho, Fajar; Ningtyas, Mega Ayu; Muljono, Bambang Eko; Hidayatullah, Ferdiansyah Safi’i
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.388

Abstract

Concursus realis in cases of rape accompanied by murder based on the provisions of criminal law in Indonesia in Article 65 of the Criminal Code (KUHP) provides for one sentence for perpetrators who commit two independent crimes simultaneously but have never had a previous court decision. The research method used is a normative legal approach by analyzing laws and regulations and accountability for related cases. The results of the study indicate that the application of concursus realis allows perpetrators to be subject to one sentence with a maximum sentence and can be increased by one third of the heaviest sentence, as long as there is an element of intent, the ability to be legally responsible, and the absence of a valid excuse. This principle is important to ensure justice in sentencing, not only based on criminal acts, but also the awareness and will of the perpetrator when committing the crime. In addition, the study highlights the need for caution and thoroughness of law enforcement officers and judges in implementing this provision, especially in cases related to human rights violations that have existed since birth which must be protected and respected. In cases involving human rights, such as rape and murder, the application of the law must be based on the national legal system. It is hoped that the results of this study can provide academic and practical contributions in supporting the enforcement of concurrent criminal law in Indonesia, as well as being a consideration for law enforcement so that the judicial process runs fairly and effectively.
Legal Responsibility for Misuse of Online Crowdfunding Eko Muljono, Bambang; Khoiri, Ach.; Royani , Achmad; Nuruhul Yajlul, Ahmad
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.389

Abstract

The phenomenon of abuse of online donation funds by recipients has become a legal issue that requires serious attention, particularly in the realm of civil law. This research aims to address two main problem formulations. First, what are the legal rules regarding the acceptance and management of online donation funds? Second, what is the legal accountability for recipients of donations who commit abuse? This research employs a normative juridical method with a regulatory approach (statute approach). Primary legal materials include: Law No. 9 of 1961 concerning the Collection of Money or Goods, the Civil Code Article 1365, Government Regulation No. 29 of 1980 concerning the Implementation of Collection of Donations, and Minister of Social Affairs Regulation No. 8 of 2021 concerning the Organization of Fundraising. From the discussion results, the researcher concludes that first, the collection of money or goods, which can be interpreted as crowdfunding according to Article 1 of Law No. 9 of 1961, means any effort to obtain money or goods for development in the fields of social welfare, mental/religious/spiritual, physical, and cultural must have prior permission in accordance with applicable legal regulations and the elements contained therein. Second, based on Article 1365 of the Civil Code, any unlawful act that causes loss to another person results in the obligation of the perpetrator to compensate for such loss. In this case, a recipient of donations who uses the funds not according to their intended purpose may be held civilly accountable if it is proven to meet the elements of unlawful acts, namely the existence of an unlawful act, fault, loss, and a causal relationship between the act and the loss. Clarification of these elements serves as the basis for determining civil legal responsibility. This research underscores the importance of tighter legal regulation and oversight of digital donation activities to provide legal protection for donors.

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