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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 239 Documents
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Criminal Law Accountability of Sexual Stalking Perpetrators Through Social Media Dian Ningtias, Ayu; Lutfiasandhi, Kristiya; Nugroho, Fajar Seto; Nur Ayni, Khofifah
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.404

Abstract

Sexual stalking is a new form of crime that has emerged along with the development of technology. In the past, stalking was done directly, such as following the victim. However, now, stalking can occur in the digital world, especially through social media. Perpetrators can easily access the victim's personal information, send sexually suggestive messages, or carry out other disturbances without meeting in person. This study aims to understand in depth the legal protection mechanism for victims and the form of criminal liability for perpetrators of sexual stalking through social media. This research method uses a normative juridical research type, with a legislative approach and a conceptual approach. The results of this study conclude: that legal protection for victims of sexual stalking through social media can be in the form of preventive legal protection and repressive legal protection. Meanwhile, the criminal legal liability, perpetrators of sexual stalking through social media can be subject to criminal sanctions in the form of imprisonment, fines, and/or other actions as stipulated in applicable laws and regulations. However, there are exceptions in certain conditions that cause a person not to be held accountable for their actions.
Responsibility For Error in Persona in Case of Wrong Shooting By Police Officers Royani, Acmad; Arifin, Syamsul; Nugroho, Fajar Seto; Suryani, Dewi Indah
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.405

Abstract

This study discusses Error in Persona , which is an error in determining legal subjects in criminal cases. This mistake has serious implications for the validity of the court decision and the protection of the rights of the accused. In the context of Indonesian criminal law, errors in identifying the perpetrators of criminal acts can lead to an unfair judicial process and even lead to the criminalization of innocent individuals. This study uses normative juridical methods with a legislative approach and case studies, to comprehensively understand the application of legal norms. The results of the study show that mistaken identity in criminal cases violates fundamental principles in the law, such as the principles of legal certainty, justice, and non-discrimination. In addition, such errors can have far-reaching legal consequences both for the integrity of the justice system and for the protection of human rights. To overcome this problem, it is necessary to strengthen the identification and verification mechanism from the investigation stage to the trial. This effort can be carried out through increasing the accuracy of population data, utilization in the process of identifying perpetrators of criminal acts. With these steps, it is hoped that errors in the determination of legal subjects can be minimized so that a more fair, accountable, and upholding the human rights of every citizen can be created.
Protection of Personal Data Against Doxing in Online Streaming Platforms Seto Nugroho, Fajar; Ningtyas, Mega Ayu; Muljono, Bambang Eko; Hidayatullah, Ferdiansyah Safi’i
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.406

Abstract

The rapid development of technology and information today has given rise to new crimes, one of which is doxing on online streaming platforms. Doxing has become a serious threat due to the rapid exchange of information today. Based on the above background, the author would like to propose a problem formulation, namely, first, what are the legal regulations for protecting personal data on online streaming platforms? And second, what are the legal sanctions for doxing perpetrators on online streaming platforms? In this study, a normative juridical research method was used with a statutory and conceptual approach. With primary legal materials. From the research results it can be concluded that: first, the legal rules for protecting personal data in online streaming platforms are that online streaming platforms that process and control personal data must be in accordance with the objectives, obtain the consent of the person concerned, be transparent, have adequate security and protect against unauthorized access or distribution in accordance with articles 16 to 39, related regulations also exist in the processing of personal data carried out by protecting the security of personal data from loss, misuse, access and unauthorized disclosure in accordance with Government Regulation Number 71 of 2019 concerning the implementation of electronic systems and transactions, article 14 paragraph (1) letter (e) And secondly, the legal sanctions for doxing perpetrators in online streaming platforms can be punished with a maximum of 4 years in prison and a maximum fine of 4,000,000,000 (four billion rupiah), in accordance with Article 67 paragraph (2) of Law Number 27 of 2022 concerning the protection of personal data, in carrying out doxing the perpetrator must also collect the personal data of the victim, this has violated Law Number 27 of 2022 concerning the protection of personal data including Article 67 paragraph (1) carries a maximum prison sentence of 5 years and a maximum fine of 5,000,000,000 (five billion rupiah).
Legal Review of the Prohibition on Ownership of Agricultural Land Outside the Sub-district in the Division of Gono Gini Assets Eko Muljono, Bambang; Suhaili, Achmad; Suisno; Qudhoifah, Ahmad
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.407

Abstract

ownership by people outside the sub-district area as a result of the distribution of gono-gini property. The main problem studied is how the synchronization and legal implications between the principle of division of joint property in marriage (gono-gini) and the provisions of laws and regulations in the field of land that limit the ownership of agricultural land based on geographical domicile. The research method used is normative legal research with a statutory approach and a conceptual approach. Primary legal materials include the Basic Agrarian Law, the Regulation of the Minister of Agrarian and Spatial Planning/Head of BPN related to the limitation of agricultural land ownership, as well as the provisions of inheritance and marriage law. Secondary legal materials are analyzed qualitatively. The results of the study show that the prohibition of agricultural land ownership by people outside the sub-district area creates a conflict of norms when applied to the division of gono-gini property, especially if one or both spouses no longer reside in the sub-district where the land is located. There is a legal vacuum regarding the mechanism for the transfer of agricultural land rights due to gono-gini that exceeds the boundaries of the sub-district. This study recommends the need for extensive interpretation or regulatory changes to provide exceptions to the prohibition in the context of the distribution of common property, as well as the need for legal certainty for parties who acquire land through gono-gini but are outside the sub-district area.
Juridical Review of The Service Bureau in Assistance in The Management of Motor Vehicle Tax Payments Suisno; Kasumawati, Devi; Muljono, Bambang Eko; Ramadhoni, Akhmad Syariffudin
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.408

Abstract

This study discusses the legality of service bureaus in assisting with motor vehicle tax administration and the potential for fraudulent practices that may occur in their implementation. The use of service bureaus by the public to facilitate the administrative process of motor vehicle tax payments is becoming increasingly common. However, this trend has not been matched by clear legal regulations regarding the status and operations of such service bureaus. The purpose of this study is to examine the legal status of service bureaus from the perspective of Indonesian legislation and to identify potential legal violations committed by certain individuals within these bureaus. The research method used is Normative Legal Research, a method aimed at examining laws and regulations, legal doctrines, and legal concepts related to the issues under study. Normative legal research was chosen because the primary focus of this study is the analysis of legal rules concerning motor vehicle taxation and the legality of service bureaus that assist with the payment process. There is a need for more explicit and specific legal regulation to prevent abuse and to provide legal certainty in the use of service bureaus related to motor vehicle tax administration.
Legal Liability for Prestige Brand Parody for Ads Nayasari, Dhevi; Nabilah, Wardatun; Tjahjani, Joejoen; Agustin, Velinsia Cindy
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.409

Abstract

Parody of prestige brands in the context of commercial advertising has sparked complex legal debates, particularly regarding the boundary between freedom of expression and trademark protection. Prestige brands, as brands with a high reputation and strong symbolic value, are vulnerable to forms of exploitation that can harm their image and economic value. Based on the background above, the author proposes the following problem formulation: first, what is the legal responsibility of parody advertisers towards prestige brands? And second, how is the legal protection of prestige brands that are parodied for advertisement purposes? This research employs a normative legal type, with a statutory approach. The legal materials used are primary legal materials including: Law Number 20 of 2016 concerning Brands and Geographical Indications, and Law Number 28 of 2014 concerning Copyright. From the research results, it can be concluded that: the use of famous brands in parodies is not automatically protected by freedom of expression if the purpose is commercial and can mislead consumers. The perpetrators of the parody can be held legally accountable if the parody causes damage to the owner of the prestige brand, even though parody is a form of freedom of expression, its use must heed legal provisions so as not to violate the exclusive rights of the brand owner. The owner of the prestige brand has the right to demand the cessation of violations and compensation for the economic and moral damages incurred.
Criminal Acts of Bullying of Children in the Education unit M. Yanto; Hasyim, Ali Fuad; khitam, Muhammad Chusnul; Fauziah, Putri Naillah
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.410

Abstract

Cases of bullying that occur in educational units often involve children, both as perpetrators and victims. There are two factors that cause bullying cases to occur in the education unit. The first is external factors, which come from outside the individual which includes family, socioeconomic status, religion, culture, and gender. The second factor is internal in individuals including personality values, self-control, self-esteem, self-concept, and emotional intelligence, discrimination is mandatory to get access to quality education. The impact of bullying is on health, economic capacity, and social relationships. Child abuse is a complex problem and its solution is not easy. The formulation of the problems in this study is: How to be accountable for the crime of bullying against children in the education unit and how to regulate the crime of bullying against children in the education unit. The research method uses normative legal research with a legislative approach and a conceptual approach. The legal materials used include the Criminal Code, the Child Protection Law, the Juvenile Justice System Law, and the National Education System Law. From the results of the study, it can be concluded that: 1. Accountability for the crime of bullying of children under the age of 18 is only subject to actions such as return to parents or guardians or foster parents, treatment at LPKS, obligation to attend formal education and/or training held by private bodies, correction of criminal acts. 2. The regulation of the crime of child abuse is contained in Law Number 35 of 2014 concerning Child Protection and Law Number 11 of 2012 concerning the Child Criminal Justice System.
Legal Rules for Illegal Logging Perpetrators in Conservation Forests Tjahjani, Joejoen; Mochtar, Mar'atul; Sastradinata, Dhevi Nayasari; Mahdiyah, Aisyah Nur
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.411

Abstract

Illegal logging in conservation forests is an environmental crime that damages the ecosystem and the law. Illegal logging in conservation forest areas is a serious violation of forestry law provisions in Indonesia that has the potential to damage the ecosystem and forest conservation functions. Based on the description above, the problems to be studied in the study are: legal protection of conservation forests in laws and regulations in Indonesia and legal sanctions against perpetrators of illegal logging in conservation forests. The research method uses a normative juridical legal research type, so the approach used is the statute approach which includes primary legal materials: Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction, Forestry Law Number 41 of 2013, Government Regulation Number 108 of 2015 also strengthens forest protection by prohibiting logging without a permit. From the results of the study, it can be concluded that the Enforcement of Legal Protection against conservation forests and legal sanctions against perpetrators of illegal logging in conservation forests is not only aimed at providing a deterrent effect through criminal sanctions and fines, but also maintaining the sustainability of forest functions as areas for preserving biodiversity and natural resources. Cases of illegal logging in conservation forests demonstrate the importance of synergy between law enforcement officers and communities to optimize forest protection and eradicate illegal logging practices.
The Validity of Single Candidates in Regional Head Elections Chusnul Khitam, Muhammad; Faizah, Niswatun; Shodiq, Ja’far; Khuluq, Muhammad Husnul
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.412

Abstract

Democracy is a system where the people as the holders of the highest power have the right in all decision-making that includes the interests of the people in a region. In this case, indirectly the people can also issue laws and regulations that are beneficial and also to protect their rights. The 1945 Constitution of the Republic of Indonesia, Article 1 paragraph (2) of the 1945 Constitution which reads "sovereignty is in the hands of the people and is implemented according to the Constitution". This study aims to answer two main problem formulations. First, What is the role of the Election Supervisory Body in supervising the nomination of regional heads? Second, What is the validity of a single candidate in the regional election from a democratic perspective? This study uses the Normative Juridical research method. While the approach used is the Legislation approach (statue approach). The results of the study show: First, Bawaslu has a role in supervising the nomination of regional heads, namely: Supervising registration, Verifying candidates, Preventing violations, Handling violations, Monitoring campaigns. Second, the validity of a single candidate in the regional elections from a democratic perspective, namely regulated in Article 54C and 54D of Law Number 10 of 2016 concerning the second amendment to Law Number 1 of 2015 concerning the stipulation of the Replacement of Law Number 1 of 2014 concerning the election of Governors, Regents, and Mayors.

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