cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muchtar A H Labetubun
Contact Email
mahlabetubun@gmail.com
Phone
+6285243175321
Journal Mail Official
bacaritalawjournal@gmail.com
Editorial Address
Ir. M. Putuhena Campus Poka-Ambon
Location
Kota ambon,
Maluku
INDONESIA
Bacarita Law Journal
Published by Universitas Pattimura
ISSN : -     EISSN : 27759407     DOI : 10.30598/bacarita
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
BACARITA LAW JOURNAL Adalah jurnal Yang Diterbitkan Oleh Program Studi Hukum, Program Studi Diluar Kampus Utama (PSDKU) Universitas Pattimura di Kepulauan Aru, Dua Kali Setahun Pada Bulan April Dan November. Tujuan Jurnal Ini Adalah Untuk Menyediakan Tempat Bagi Akademisi, Peneliti Dan Praktisi Untuk Menerbitkan Artikel Penelitian Asli Atau Artikel Ulasan. Jurnal Ini Menyediakan Akses Terbuka Langsung Ke Kontennya Dengan Prinsip Bahwa Membuat Penelitian Tersedia Secara Bebas Untuk Mendukung Pertukaran Pengetahuan Global Yang Lebih Besar. BACARITA LAW Tersedia Dalam Versi Cetak Dan Online. Bahasa Yang Digunakan Dalam Jurnal Ini Adalah Bahasa Indonesia Dan Bahasa Inggris. Ruang Lingkup Artikel Yang Diterbitkan Dalam Jurnal Ini Membahas Berbagai Topik Ilmu Hukum Khususnya Berkaitan Dengan Hukum Keperdataan, Hukum Pidana, Hukum Tata Negara/Administrasi Negara, Dan Hukum Internasional
Arjuna Subject : Ilmu Sosial - Hukum
Articles 106 Documents
 7   8   9   10   11 
Doxing Actions in Personal Data Protection Salsabila, Arsha Chaizahra Putri; Wicaksono, Demas Brian; Seotijono, Irwan Kurniawan
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.19305

Abstract

With the rapid development of information technology, various types of cybercrimes have emerged, one of which is doxing. Doxing refers to the act of collecting and disseminating someone’s personal information without consent, with the intent to harm, embarrass, or intimidate the victim. This research aims to analyze the effectiveness of the PDP Law in addressing doxing in Indonesia. While the law Number 27 of 2022 on Personal Data Protection (PDP Law) can be applied to prosecute doxing perpetrators, Indonesia currently lacks explicit legislation specifically regulating this act. This study uses a normative juridical method with a statutory and case study approach. The results show that, compared to the previous Electronic Information and Transactions Law (ITE Law), the PDP Law provides stronger legal protection against doxing. Articles 65 and 67 of the PDP Law impose criminal sanctions for those who intentionally access, collect, or distribute personal data without legal authority. For example, the case of Febriansyah Puji Handoko in 2020 illustrates that if the case had occurred after the enactment of the PDP Law. Therefore, the PDP Law is considered relatively effective in providing legal protection for doxing victims. However, its implementation still faces challenges, such as the suboptimal function of the data protection authority and low levels of digital literacy in society.
Legal Risk Transformation: Loss of Creditors' Enforcement Rights of Third-Party Fiduciary Guarantees Objects Due to Lack of Registration Sulastri, Sulastri; Nugroho, Andrianto Adhi; Surahmad, Surahmad
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.21098

Abstract

This study analyzes the shift in legal risk resulting from negligence in registering fiduciary guarantees and the superiority of protection for bona fide third parties. The primary objective is to examine how a creditor's failure to register a fiduciary guarantee transforms property rights into personal claims against the debtor, as well as to analyze how the protective principle of Article 1977 of the Civil Code nullifies the creditor's right of execution under a fiduciary guarantee deed. The research method used is normative legal analysis, employing a literature review approach to examine relevant legislation, legal doctrine, and case law pertaining to fiduciary collateral, property law, and third-party protection. Primary and secondary data are analyzed qualitatively to construct a coherent legal argument. The research findings indicate that the registration of fiduciary collateral is crucial in creating in rem property rights, providing executory power and enforceability against third parties. Failure to register results in the degradation of the creditor's rights to mere personal claims, which are vulnerable to legal risks. Furthermore, the existence of Article 1977 of the Civil Code effectively protects bona fide third parties who acquire movable property subject to fiduciary collateral. This protection nullifies the creditor's right to execute on the property, forcing the creditor to seek only personal compensation from the debtor. This underscores that without valid registration, creditors face significant risks, highlighting the importance of compliance with registration procedures for legal certainty
Legal Protection of Children as Perpetrators or Victims of Criminal Acts Whose Identities Are Revealed in Court Decisions Larassati, Aura Dara; Elviandri, Elviandri
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.18169

Abstract

This research aims to determine the legal provisions regarding judge's decisions that reveal the child's identity. Understand the legal implications of disclosing the identity of child perpetrators or victims of criminal acts in court decisions regarding children's rights. The approach method applied in this research is a normative method, which includes research into the literature studied. Using a statutory approach regarding the protection of children's identities in the criminal justice system, while an empirical approach is used to study the implementation of these regulations in judicial practice, especially in decision number 14/Pid.Sus- Anak/2021/PN Srg. The legal materials used consist of primary legal materials and secondary legal materials. The results of this research are that protecting children in conflict with the law is the state's obligation to protect every right they have. This obligation is aimed at the best interests of the child and prevents the child from being mistreated by any party. One of these rights is that it is not permissible to publish a child's identity in conflict with the law, whether in print/electronic media. A court decision that reveals a child's identity can be considered a criminal offense because it violates legal provisions regarding the confidentiality of a child's identity which must be protected. One of the main principles of child protection is the best interests of the child. In this case, the judge is also obliged to keep the identity of the child as the perpetrator of the crime secret during the trial process. In conflict with the law, children's identities must be kept confidential, both in print and electronic media. Children are the nation's generation and figures who greatly influence the continuity of the nation's life, where they have rights that must be protected, respected and fulfilled. The confidentiality of the identity of children in conflict with the law is one of the rights given to them to protect their reputation.
Criminal Liability of Children as Perpetrators of Physical Violence Maharani, Puan; Sunariyo, Sunariyo
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.18322

Abstract

Cases of child abuse are increasingly in the public spotlight. In some cases, children can also be perpetrators of violence against other individuals. This phenomenon raises various questions related to legal responsibility, justice approaches, and appropriate treatment of children as perpetrators of criminal acts. This study aims to analyze the criminal responsibility of children as perpetrators of violence and how the Judge's considerations in sentencing in Decision Number 5 / Pid.Sus-Anak / 2022 / PN.Smr and Decision 10 / Pid.Sus-Anak / 2023 / PN.Bpp. This study uses a normative legal research method, with three data sources, namely primary, secondary, and tertiary. Data were obtained through literature study collection techniques, and a legislative approach method with qualitative descriptive analysis, and drawing conclusions using inductive and deductive methods. The results of this study indicate that both Decisions have considered the legal, social, and psychological aspects of children as perpetrators of criminal acts. However, there are several things that are not in line with the principles of child protection and the restorative justice approach mandated by the Child Criminal Justice System Law.
The Role of the Women and Children Service Unit in Handling Cases of Sexual Violence Against Children Sanjaya, Aurel Frisky; Surahman, Surahman
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.18341

Abstract

Sexual violence against children is a form of criminal act that has a serious impact on the victim, both physically and psychologically. Although Indonesia is a country of law that upholds justice, the reality is that there are still various obstacles in law enforcement against perpetrators of sexual violence against children. The Samarinda City Resort Police Women and Children Service Unit plays an important role in handling these cases, including in providing assistance to victims and processing cases to the legal settlement stage. However, in its implementation, the Women and Children Service Unit still faces various obstacles, both in terms of technical, human resources, and social factors. This study aims to analyze the role of the Women and Children Service Unit of the Samarinda City Resort Police in handling sexual violence against children and identify inhibiting factors in the implementation of their duties. This study uses an empirical juridical method with a qualitative approach, where data is obtained through interviews, observations, and document studies. The results of the study show that although the Women and Children Service Unit has carried out various efforts in handling cases of sexual violence against children, there are a number of obstacles that hinder the effectiveness of handling cases. These obstacles include the lack of expert personnel, limited facilities, delays in the issuance of visum results, as well as social factors such as stigma and fear of the victim's family to report. In addition, the limited coordination between relevant institutions is also a challenge in the fast and effective law enforcement process. Based on the findings of this study, efforts are needed to improve in various aspects, including the addition of professionals, the provision of more adequate facilities, and education to the public to be more aware of the importance of reporting cases of sexual violence against children, so it is hoped that the Women and Children Protection Unit can be more optimal in carrying out its duties to protect children's rights and ensure justice for victims of sexual violence.
Family Problems in Marriage Law Fitri, Diva Aidilla; Fitrianto, Bambang; Siregar, Rahman Maulana
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.18655

Abstract

Marriage is a legal bond regulated in Law Number 1 of 1974 concerning Marriage, which aims to create a harmonious and prosperous family. However, in practice, divorce still occurs frequently, including in Stabat Religious Court Decision Number 1113/Pdt.G/2023/PA.Stb. The main problem in this study is how the regulation of marriage law in Indonesia regulates divorce and the main factors that cause divorce in these cases. This research aims to analyze the regulation of divorce in Indonesia and identify the main causes of divorce based on a case study at the Stabat Religious Court. The research method used is normative juridical, with a legislative approach and case studies of court decisions. The results showed that divorce in Indonesia must go through the courts in accordance with Article 39 of the Marriage Law, with reasons regulated in Government Regulation No. 9 of 1975, such as prolonged disputes and domestic violence. In the case of the Stabat Religious Court Decision, the main factors for divorce are disharmony, unresolved arguments, and differences in principles that cause the relationship between husband and wife to be untenable. In conclusion, divorce is the last resort in resolving household conflicts that can no longer be saved. Therefore, there is a need for more effective mediation efforts and legal education to married couples so that they can understand the legal consequences of divorce before filing it with the court.
Regulation of Evidence in the Criminal Procedure Code: A Comparison to the Draft Law on Criminal Procedure Maharani, Sandrina Darma; Wulandari, Ni Gusti Agung Ayu Mas Tri
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.20994

Abstract

This article examines the regulation of evidence in the Indonesian Criminal Procedure Code (KUHAP) and compares it with the provisions in the Draft Criminal Procedure Code (RUU KUHAP), in light of the evolving demands for reform in criminal procedural law. The purpose of this study is to analyze the current evidentiary rules in KUHAP and evaluate the relevance and effectiveness of the proposed changes in the RUU KUHAP as part of broader procedural reform efforts. This research adopts a normative legal method, employing a statutory and comparative approach by examining the normative content of both KUHAP and RUU KUHAP and comparing them with evidentiary concepts in other legal systems. The findings indicate that the RUU KUHAP introduces a more modern approach to evidence, including the recognition of electronic evidence and the strengthening of suspects’ rights. These findings contribute to the discourse on criminal procedure reform and highlight the need to adapt procedural law to technological developments and human rights standards.
Setting the Deadline for Determining Suspects: A Comparative Study of the Draft Code of Criminal Procedure and the Code of Criminal Procedure Riani, Rahmahwati Silvia; Bawaeda, Adi Freddy
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.21056

Abstract

This article discusses the regulation on the limit for suspect determination based on the Indonesia Criminal Procedure Code Draftand the Code de procédure pénale (French Criminal Procedure Code). The purpose of this article is to determine the regulation on the time limit for suspect determination based on the Indonesian Criminal Procedure Code Draft and the French Criminal Procedure Code. This research uses a normative legal method wit a statutory, conceptual, and comparative approach. Result of this study are the French Criminal Procedure Code Draf has not explicity regulated the time limit for suspect determination, while the French Criminal Procedure Code regulates the time for suspect determination, which a maximum of 2 (two) years. The implication of not regulating the time limit for suspect determination will violate the principle of due process of laaw and universal human rights and the occurrence of arbitrary law enforcement officers in enforcing criminal procedure law.
Legal Protection for Pencak Silat Athletes in the Perspective of Sports Law and Human Rights Agustin, Noer Musdalifah; Alfath, Tahegga Primananda
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.21397

Abstract

Pencak Silat, Indonesia’s cultural heritage and global sport, entails intense physical contact with high injury risks. Thus, legal protection is vital to safeguard athletes’ rights and ensure fair, safe, and dignified competition. Although Indonesia has legal frameworks on sports and human rights, their implementation in protecting Pencak Silat athletes remains weak and requires urgent improvement. Purposes of the Research: Analyze the forms and mechanisms of legal protection for Pencak Silat athletes in Indonesia from the perspective of sports law. Examine the integration of legal protection with human rights principles, particularly in relation to athletes’ safety and welfare. Provide recommendations to strengthen the existing regulatory framework and improve its implementation in the field. Methods of the Research: The research employs a normative juridical approach by analyzing laws and regulations, including Law Number 11 of 2022 on Sports and Law Number 39 of 1999 on Human Rights. The study also utilizes secondary data obtained from scholarly literature, government documents, and relevant case studies. A comparative analysis is conducted to evaluate the alignment between sports law provisions and human rights protection, supported by qualitative assessment of legal practices in Indonesia. Results of the Research: Findings show Indonesia has strong legal frameworks for sports and human rights, yet protection of Pencak Silat athletes remains weak. Issues include poor supervision, limited facilities, and low legal literacy. This study’s novelty is linking sports law and human rights, recommending stronger regulations, better institutional capacity, and synchronized policies to safeguard athletes’ rights, safety, and welfare.
Divergence of Financial Literacy Regulations and Imperatives: A Comparative Analysis of Indonesian and Malaysian Online Loans Syamsuri, Andi Santri; Afdhal, Afdhal
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.21453

Abstract

The study presents a comparative analysis of online lending regulatory models in Indonesia and Malaysia, highlighting the crucial challenges in balancing rapid financial inclusion with strong consumer protection in the digital age. This study uses qualitative-comparative and empirical legal analysis approaches. This methodology includes testing policy frameworks and analysis of regulatory documents from the Financial Services Authority (OJK), Bank Negara Malaysia (BNM), and Securities Commission Malaysia (SC). The empirical approach is based on findings from a financial literacy education program involving 30 participants in Indonesia, whose effectiveness was measured through pre-test and post-test. The results show that the inclusive model in Indonesia, despite successfully expanding access, is struggling to face the massive proliferation of OJK eradicating 2,930 illegal online loans that cause significant financial losses of 3.4 trillion and erode public trust. In contrast, a conservative and segmented approach in Malaysia, by explicitly banning peer-to-peer (P2P) lending to individuals and directing digital finance to productive sectors, has effectively prevented the problem of widespread illegal lending. In conclusion, regulatory philosophy strongly shapes market outcomes and systemic risks. It emphasizes that proactive and preventive regulatory design is more effective than reactive law enforcement. As a suggestion, it is recommended that the development of a holistic regulatory strategy and the improvement of financial literacy be a national priority for Indonesia, as well as maintaining a conservative approach that has proven successful in Malaysia.

Page 10 of 11 | Total Record : 106

 7   8   9   10   11 

Filter by Year

2020 2025


Reset
Filter By Issues
All Issue Vol 6 No 1 (2025): August (2025) BACARITA Law Journal Vol 5 No 2 (2025): April (2025) BACARITA Law Journal Vol 5 No 1 (2024): Agustus (2024) BACARITA Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal Vol 4 No 1 (2023): Agustus (2023) BACARITA Law Journal Vol 3 No 2 (2023): April (2023) BACARITA Law Journal Vol 3 No 1 (2022): Agustus (2022) BACARITA Law Journal Vol 2 No 2 (2022): April (2022) BACARITA Law Journal Vol 2 No 1 (2021): Agustus (2021) Bacarita Law Journal Vol 1 No 2 (2021): April (2021) Bacarita Law Journal Vol 1 No 1 (2020): Agustus (2020) Bacarita Law Journal More Issue