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Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon
Published by Universitas Swadaya Gunung Jati
ISSN : 20891911     EISSN : 27234525     DOI : https://doi.org/10.33603/responsif.v16i1
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Responsif Law Journal is a method of interpretation that involves various important factors (not just reviewing the text of legal products) but also involves knowledge of historical background, culture, anthropology and psychology to bring back the nuances of a scientific text. Hermeneutics is also a humanities science that is universal as a result of reflection in all conditions of understanding. The scope of articles published in this journal covers a wide range of topics, including: Criminal law; Civil law; Constitutional law; State administrative law; International law; Development society law; Islamic law; Business law; Procedural law; and Human rights.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 189 Documents
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MORAL HAZARD RISK IN THE PRE-VERIFICATION REFUND MECHANISM AND ITS IMPLICATIONS FOR MERCHANTS' LEGAL CERTAINTY Aisha Salsabila; Rois Harliyanto
Hukum Responsif Vol 17 No 2 (2026): Vol 17 No 2 August 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i2.12212

Abstract

The development of trade through electronic systems (PMSE) has pushed e-commerce platforms from intermediaries to private regulators that establish transaction mechanisms, including pre-verified refund policies. This could create an imbalance in the distribution of risk between consumers and merchants. This study aims to analyze the suitability of the mechanism to the legal principles set forth in Government Regulation Number 80 of 2019 and its implications for legal certainty and merchants protection. This research is a normative legal research with a legislative and conceptual approach. The analysis is supported by limited empirical interview data that is used to strengthen normative arguments. The results of the study show that the pre-verification refund mechanism creates an unbalanced structure due to the absence of an initial control mechanism (ex ante control), thereby creating space for structural moral hazards. In these conditions, consumers are in a position with minimal risk, while merchants bear the risk of transactions from the outset without adequate verification. The implication is that legal certainty for merchants is only formal, not substantive, because transaction outcomes become unpredictable. In addition, most legal protections still rely on repressive approaches and lack effective preventive mechanisms. This study confirms that moral hazard in e-commerce transactions is not solely due to individual behavior but is a consequence of the platform's policy design. Therefore, it is necessary to reconstruct the refund mechanism by making verification a prerequisite, strengthening preventive measures, and balancing risk allocation to achieve substantive legal certainty in the PMSE ecosystem.
JURIDICAL ANALYSIS OF THE IMPLEMENTATION OF DIRECT LICENSING AS AN ALTERNATIVE MECHANISM FOR MANAGING SONG COPYRIGHT ROYALTIES Raden Handiriono
Hukum Responsif Vol 17 No 2 (2026): Vol 17 No 2 August 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i2.12254

Abstract

The changing music industry ecosystem, increasingly driven by digital technology, has created new challenges for songwriters in copyright and royalty management. The collective management system, which has been the main instrument for distributing royalties, is often considered inefficient and non-transparent, and has not fully provided creators with space to control their economic rights independently. In the midst of this dynamic, a direct licensing mechanism has emerged as an alternative that allows creators to grant users direct permission to use musical works without intermediaries. This study seeks to analyze the role and implementation of direct licensing within Indonesia's copyright law framework and to provide an optimal regulatory approach to guarantee legal certainty and the effective safeguarding of authors' economic rights in the future. The study employs a normative juridical methodology with a conceptual framework, qualitatively examining laws and regulations through the interpretation of fundamental principles of copyright law. The study's findings indicate that direct licensing rests on a robust legal legitimacy foundation, grounded in the exclusive rights of artists and the concept of freedom of contract; nonetheless, it faces challenges due to the absence of explicit laws and insufficient support structures. To realize a fair and effective system, it is necessary to establish a legal mechanism that recognizes direct licensing as a legal instrument that operates alongside collective management, and to accompany it with measures to strengthen transparency, digital recording, and the protection of electronic contracts.
THE APPLICATION OF RESTORATIVE JUSTICE AS A NEW PARADIGM OF PUNISHMENT IN THE NEW CRIMINAL CODE (LAW NO. 1 OF 2023) IN MISDEMEANOR CRIMES Fadilah Agustin; Ammelya Vega
Hukum Responsif Vol 17 No 2 (2026): Vol 17 No 2 August 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i2.12255

Abstract

Restorative justice is a new paradigm in the Indonesian criminal justice system, which strives to restore social bonds, protect victims, rehabilitate offenders, and establish balance in society. This idea emerged as a critique of the retributive approach, which was focused on punishing the offender. This study aims to assess the restorative justice arrangements contained in the New Criminal Code (Law Number 1 of 2023), to analyze the application of these arrangements based on the theories of the purpose of punishment and justice, and to determine the obstacles to the implementation of these arrangements in the Indonesian criminal law system. The research method used is doctrinal with a regulatory and conceptual approach. Legal resources are collected from literature assessments of pertinent laws and regulations, publications and scientific journals. The results of the study show that Restorative Justice has obtained normative legitimacy through different rules such as Police guidelines, Prosecutor's Regulations, and Supreme Court Regulations. Restorative justice is more broadly controlled under the New Criminal Code. Restorative justice under the New Criminal Code is a blended theory (retributive-teleological theory). It blends punishment with the social aim of criminalization by regulating social work crimes, supervision crimes, ultimum remedium and judicial pardon. Furthermore, the idea of restorative justice is connected with the theory of justice by John Rawls in the sense that it stresses the restoration of the rights of victims, the culpability of the offender, and the role of the community in dealing with criminal cases. However, the implementation of this policy still has various challenges, including imbalance in the positions of victims and perpetrators, lack of awareness among law enforcement officials, and uneven implementation throughout regions.
JURIDICAL ANALYSIS OF THE LEGAL FRAMEWORK ON SAFE COMMUTING PROVIDED BY COMPANIES FOR FEMALE WORKERS AT NIGHT Uba Dawam Mubarok; Deni Yusup Permana
Hukum Responsif Vol 17 No 2 (2026): Vol 17 No 2 August 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i2.12256

Abstract

This research is motivated by the limited legal arrangements regarding companies' obligation to ensure safe commuting for women who work at night. Legally, Article 76 of Law Number 13 of 2003 concerning Manpower specifically regulates the provision for female workers. The main problem is the time limitation in Article 76 paragraph (4) of Law Number 13 of 2003 concerning Manpower, which only requires the provision of shuttle transportation at 23:00 – 05:00, thus creating a legal gap in practice. This study aims to analyze the legal framework governing the company's obligations to provide safe commuting and to examine the legal remedies available if these obligations are not met. The research method used is normative juridical, employing legislative, conceptual, and case approaches, and is analyzed descriptively and analytically. The results of the study show that regulations related to safe commuting already exist in principle but remain limited, leaving opportunities for companies to avoid legal obligations. In addition, legal remedies are more preventive and corrective, through internal company policies, labor supervision, and human rights approaches. The conclusions of this study show a gap between formal compliance and substantive protection for women workers. Therefore, it is recommended to review regulations, strengthen internal policies, and increase supervision to ensure optimal protection.
IMPLEMENTATION OF BPJS KESEHATAN COOPERATION AGREEMENT WITH HEALTH FACILITIES IN ENSURING FAIR ACCESS TO HEALTH SERVICES Rahmad Hidayat Harahap; Suparto; Surizki Febriyanto
Hukum Responsif Vol 17 No 2 (2026): Vol 17 No 2 August 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i2.12335

Abstract

Health is a constitutional right of citizens that must be guaranteed by the state through the provision of fair and equitable health services. In the implementation of the National Health Insurance Program (JKN), BPJS Kesehatan collaborates with various health facilities through cooperation agreements as the basis for providing health services to participants. However, the implementation of the agreement still faces various problems, such as inequality in the position of the parties, delay in payment of claims, limited health facilities, and disparity in service quality between regions that have the potential to affect the fairness of access to health services for the community. This study aims to analyze the implementation of the cooperation agreement between BPJS Kesehatan and health facilities in the implementation of JKN, examine its effectiveness in ensuring fair access to health services, and formulate efforts to strengthen the implementation of the agreement. This research is a normative legal research using a statute approach, a conceptual approach, and a case approach. The data used are in the form of primary legal materials and secondary legal materials that are analyzed qualitatively through descriptive-analytical methods. The results of the study show that the implementation of BPJS Kesehatan cooperation agreements with health facilities has played an important role in expanding the scope of health services and increasing public access to health services. Its effectiveness in realizing fair access to health services still faces various obstacles, especially related to the uneven distribution of health facilities, the limitation of health workers, and the imbalance in contractual relations between BPJS Kesehatan and health facilities. Therefore, it is necessary to strengthen regulations, reformulate cooperation agreement clauses, increase the transparency of claim payments, and strengthen supervision and equity in health facilities to support the realization of fair access to health services for the entire community.
LIABILITY OF SHOPEE E-COMMERCE PLATFORM ACTORS FOR DAMAGE TO GOODS RECEIVED BY BUYERS IN THE PERSPECTIVE OF THE CONSUMER PROTECTION LAW AND THE ITE LAW Chintia Natasya; Moh. Sigit Gunawan
Hukum Responsif Vol 17 No 2 (2026): Vol 17 No 2 August 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i2.12353

Abstract

This study aims to analyze the legal provisions regarding the responsibilities of the Shopee e-commerce platform in electronic transactions based on the Consumer Protection Law and the Electronic Information and Transactions (ITE) Law, and to identify the forms of liability in the event of damaged goods received by consumers, along with any obstacles that hinder their resolution. This study uses a normative juridical research method. The results indicate that e-commerce platforms are both service providers and Electronic System Providers (ESOs). The legal provisions in this study address the responsibilities of Shopee e-commerce platform operators in Indonesia, based on the Consumer Protection Law (UUPK) as the lex generalis, the Information and Electronic Transactions Law (ITE) and Government Regulation No. 80 of 2019 concerning E-Commerce (PMSE) as the lex specialis. The implementation of these responsibilities in practice still faces various obstacles influenced by several frequently emerging barriers. Therefore, the effectiveness of digital consumer protection depends on strengthened regulatory oversight and internal systems of platform operators that support the values of fairness and transparency.
RESTORATIVE JUSTICE APPROACH IN CRIMINAL CASE SETTLEMENT AT CIREBON POLICE: EFFORTS TO REALIZE LEGAL CERTAINTY AND JUSTICE Salma Nur Khalisha; Ismayana Ismayana; Yanti Romlahayati
Hukum Responsif Vol 17 No 2 (2026): Vol 17 No 2 August 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i2.12354

Abstract

This study is motivated by the development of the restorative justice approach in resolving criminal cases, particularly embezzlement cases, at the investigative stage. The restorative justice approach is viewed as an alternative method of case resolution that focuses not only on punishing the perpetrator but also on compensating the victim and directly resolving the conflict between the parties. The research question in this study is how restorative justice is applied and legally protected during the investigative stage in embezzlement cases at the Cirebon City Police Department. The research method used is normative legal research, employing a statutory and case study approach. Data were obtained through a literature review, interviews, and documentation, and were analyzed qualitatively. The results of the study indicate that restorative justice is implemented through a mediation process between the perpetrator and the victim, taking into account relevant conditions. In the case studied, the perpetrator returned the victim's car as a form of restitution, thereby resolving the case without proceeding to formal criminal court proceedings. The application of restorative justice is considered quite effective because it resolves conflicts directly, provides redress to victims, and serves as an increasingly simple and efficient alternative method for handling cases. It can be concluded that the application of restorative justice in embezzlement cases during the investigation stage can serve as an effective case resolution approach grounded in the principle of restitution; however, its implementation must still adhere to applicable legal provisions to ensure that the objectives of justice and legal certainty are maintained in a balanced manner.
JURIDICAL REVIEW OF WASTE MANAGEMENT BY THE VILLAGE GOVERNMENT BASED ON THE CIREBON REGENCY REGULATION Safina Ni'mah Azzahra; Deni Yusup Permana
Hukum Responsif Vol 17 No 2 (2026): Vol 17 No 2 August 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i2.12355

Abstract

This study aims to analyze the implementation of the village government's obligations in waste management under Cirebon Regency Regional Regulation Number 5 of 2022, particularly Article 8, as well as the juridical implications of the unfulfilled facilities at the TPS in Ki Warga Gegesik Kidul Village. The method used is normative juridical with secondary (supportive) data. The results of the study show that the implementation of the village government's obligations has not been optimal, characterized by limited facilities and infrastructure as well as the accumulation of waste. Juridically, this indicates that legal obligations have not been fulfilled. In addition, the provisions of Article 8 that remain general indicate normative weaknesses that contribute to an lack of certainty and effectiveness of the law. Thus, clearer and operational arrangements and adequate facility support are needed so that waste management can run effectively and sustainably.
LEGAL CERTAINTY AND EMPLOYER LIABILITY FOR OCCUPATIONAL HEALTH AND SAFETY (OHS) THROUGH PPE IN THE RICE MILLING INDUSTRY Rafa Rizqullah; Deni Yusup Permana
Hukum Responsif Vol 17 No 2 (2026): Vol 17 No 2 August 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i2.12367

Abstract

Occupational Safety and Health (OSH) protection constitutes a fundamental right of workers and a legal obligation of employers as guaranteed under Indonesian labor law. One of the primary forms of such protection is the provision of Personal Protective Equipment (PPE), which functions to minimize the risk of occupational accidents and work-related diseases. This study aims to analyze the normative regulation of employers' obligations to provide PPE for workers in the rice milling industry and to examine the legal liability of employers who fail to fulfill such obligations. This research employs a normative legal research method, drawing on statutory, conceptual, and descriptive-analytical approaches. The legal materials consist of primary legal sources, such as legislation, and secondary legal sources, including books, scientific journals, and expert opinions. The findings indicate that the obligation to provide PPE has been regulated hierarchically and comprehensively through the 1945 Constitution of the Republic of Indonesia, Law Number 1 of 1970 concerning Occupational Safety, Law Number 13 of 2003 concerning Manpower, Government Regulation Number 50 of 2012 concerning Occupational Safety and Health Management Systems, and Minister of Manpower Regulation Number PER.08/MEN/VII/2010 concerning PPE. From the perspective of legal certainty theory, these regulations provide clear guidance regarding workers' rights and employers' obligations. Nevertheless, normative weaknesses remain in the sanctioning mechanism, particularly because sanctions are no longer proportional to contemporary labor conditions. Employers who fail to provide PPE may be held administratively, civilly, and criminally liable under applicable laws and regulations.
THE AUTHENTICITY OF VOICE RECORDING EVIDENCE IN THE ERA OF AI VOICE CLONING: A REEVALUATION OF WIRETAPPING EVIDENCE METHODS IN CRIMINAL CASES Kurdi; Maydika Ramadani; Teuku Ahmad Dadek
Hukum Responsif Vol 18 No 1 (2027): Vol 18 No 1 February 2027
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v18i1.12470

Abstract

Background. The development of artificial intelligence (AI), especially Voice Cloning technology, poses new challenges in the criminal justice system in Indonesia. Voice recordings that have been used as eavesdropping evidence are vulnerable to questions about their authenticity because AI technology can reproduce a person's voice with a high level of similarity. Aims. This study aims to analyze the mechanism for testing the authenticity of wiretapping recordings when the Defendant submits an exception that the recording is the result of AI-based Voice Cloning and to analyze the fair distribution of the burden of proof between the Public Prosecutor and the Defendant in proving the authenticity or falsity of the digital voice. Methods. The research method used is normative juridical with a statutory approach, a case approach, and a conceptual approach. Result. The results of the study show that the provisions in Article 184 of the Criminal Procedure Code, Article 235 of Law No. 20 of 2025 concerning the Criminal Code, Article 5 of Law No. 1 of 2024 concerning the Second Amendment to the ITE Law, and the Constitutional Court Decision No. 20/PUU-XIV/2016 have not provided a mechanism for testing the authenticity of electronic evidence that is adaptive to the threat of AI Voice Cloning. Implementation. This study recommends establishing a nationally standardized AI-based forensic audio protocol and implementing a balanced burden of proof that remains grounded in due process of law and the principle of presumption of innocence.

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