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The Easta Journal Law and Human Rights
Published by Eastasouth Institute
ISSN : 29857112     EISSN : 29630193     DOI : https://doi.org/10.58812/eslhr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Associated with the Eastasouth Institute, the ESLHR - The Easta Journal Law and Human Rights is a three-times-a-year publication and aims to publish scientific papers on issues involving Law and Human Rights, from an interdisciplinary perspective, encouraging the dialogue with other areas of Law and the several fields of knowledge related to the Law and Human Rights. Empirical research papers, which are based on consistent and/or concrete proposals for normative improvement, are welcome and receive priority processing duo to the originality.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 104 Documents
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Legal Juridical Analysis of the Responsibility of Village-Owned Enterprises (BUMDes) in Business Activities: A Comparative Review of Indonesian and Malaysian Law Suratno Pradotodiningrat; Noor Hasnah Binti Hasan
The Easta Journal Law and Human Rights Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i03.997

Abstract

In practice, the implementation of Village-Owned Enterprises (BUMDes) in Indonesia still faces fundamental problems, including weak managerial professionalism, limited administrative capacity, and an underdeveloped legal and financial accountability system. In addition, BUMDes remains highly dependent on village government structures, indicating that it has not yet fully functioned as an independent and professional business entity. Normatively, BUMDes is expected to operate as an autonomous village enterprise with legal certainty, professionalism, and strong accountability in all business activities, including clear liability arrangements in cases of losses or business disputes. However, a significant gap exists in practice, particularly regarding the unclear legal status of BUMDes as an independent legal subject, which creates uncertainty in the allocation of liability between the village government, management, and BUMDes itself. This research aims to analyze the legal regulation of the position and responsibility of BUMDes in Indonesia and Malaysia, as well as the legal mechanisms for liability in cases of loss or disputes, in order to develop a model for strengthening legal certainty in village-based enterprises. The study employs a normative juridical method with a qualitative comparative approach between Indonesian and Malaysian legal concepts. The findings indicate that although BUMDes under Government Regulation No. 11/2021 is formally recognized as a legal entity with economic, social, administrative, and legal responsibilities, its implementation is still constrained by governance weaknesses and unclear liability boundaries. This results in liability ambiguity, requiring stronger structural, substantive, and cultural legal reforms to ensure legal certainty and good governance.  
Legal Consequences of Land Sale and Purchase Transactions Based on Receipts on Land Ownership Rights Roslina Mantolongi; Weny Almoravid Dungga; Sri Nanang Meiske Kamba
The Easta Journal Law and Human Rights Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i03.999

Abstract

This study examines the legal consequences of land sale and purchase transactions based on receipts on ownership rights within the Indonesian agrarian legal system. The main issue lies in the practice of the community, which still uses receipts as the basis for transactions without fulfilling the formal procedures established by law. This study aims to analyze the evidentiary weight of receipts and their implications for the legal certainty and protection of land rights. The method used is normative legal research employing a legislative, conceptual, and case-based approach, through a literature review of primary and secondary legal sources. The results of the study indicate that a receipt only serves as evidence of payment and cannot legally prove the transfer of land rights. Consequently, transactions based on receipts do not provide legal certainty and have the potential to lead to disputes. In conclusion, the transfer of land rights must meet formal requirements through an authentic deed and land registration to ensure legal certainty and the protection of rights.
A Normative Analysis of the Inheritance Rights of Adopted Children from the Perspective of Indonesian Positive Law Rahma Nuraulia A. Tabukali; Nur Mohamad Kasim; Sri Nanang Meiske Kamba
The Easta Journal Law and Human Rights Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i03.1000

Abstract

This study examines the inconsistencies in the regulation of inheritance rights for adopted children within Indonesia’s positive legal system, which is influenced by legal pluralism namely, civil law, Islamic law, and customary law. The primary issue lies in the inconsistency of legal norms, which creates legal uncertainty and the potential for injustice toward adopted children who, sociologically speaking, have become part of the family. This study aims to analyze the normative status of adopted children in inheritance matters and to identify the conflicts of norms that arise. The method used is normative legal research employing legislative, conceptual, and comparative approaches, analyzed qualitatively through legal interpretation and argumentation. The results of the study indicate that adopted children have not been consistently recognized as heirs, with limited solutions such as mandatory wills that do not fully guarantee substantive justice. Furthermore, differences in judicial interpretation reinforce legal uncertainty in practice. This study underscores the importance of harmonizing and reforming inheritance law to create legal certainty and justice that is more responsive to social realities.
The Formulation of Cyber Responsibility Resonance Theory within the Framework of Criminal Law Aryono Aryono; Yekti Mahardika
The Easta Journal Law and Human Rights Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i03.1006

Abstract

The rapid advancement of information technology has given rise to increasingly complex, distributed, and transnational forms of cybercrime, thereby presenting new challenges to conventional concepts of criminal responsibility. This study aims to formulate the Cyber Responsibility Resonance Theory (CRRT) as a novel theoretical model in cybercriminal law that provides a more comprehensive framework for understanding liability within digital ecosystems. The research adopts a normative-conceptual method with a theoretical-constructive approach, drawing upon literature review and descriptive-interpretative qualitative analysis of Causality Theory, Network Society Theory, and Actor-Network Theory. The findings indicate that criminal responsibility in cyberspace is no longer linear or strictly individual, but is instead constituted through dynamic interactions among causality, digital networks, and resonance effects involving humans, technologies, and systems simultaneously. CRRT thus reconstructs the traditional paradigm of causal liability toward resonant liability, emphasizing distributed responsibility within interconnected digital networks. Case simulations further demonstrate that the impact of cybercrime may expand systemically, implicating not only primary perpetrators but also digital platforms and other network actors. Accordingly, CRRT contributes a conceptual advancement to cybercriminal law by offering a framework that is more adaptive, responsive, and aligned with the evolving nature of contemporary digital crime.
Legal Liability of Shipping Companies in Cash-on-Delivery Transactions for Violations of Consumer Rights Bella Islamia Mokodompit; Nirwan Junus; Moh. Taufiq Zulfikar Sarson
The Easta Journal Law and Human Rights Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i03.1008

Abstract

The development of e-commerce has driven the use of the Cash on Delivery (COD) method as a payment alternative that enhances consumer trust, yet it also raises legal issues regarding the liability of shipping companies. This study aims to analyze the form of legal liability of shipping companies in COD transactions regarding violations of consumer rights and to identify weaknesses in existing regulations. The research method employed is a normative legal approach using legislative and conceptual frameworks, through a literature review of primary and secondary legal sources. The results indicate that regulations regarding the liability of shipping companies in COD transactions remain unclear and fall within a normative gray area. Shipping companies can no longer be positioned merely as carriers but also as parties involved in the transaction process. Therefore, a proportional liability framework is required using an intermediary liability and joint liability approach. This study emphasizes the importance of legal reform through regulatory harmonization to strengthen consumer protection in digital transactions.
Challenges in Law Enforcement Against Online Phishing Fraud from a Positive Law Perspective Siti Hardianti Rambing; Fenty U. Puluhulawa; Apripari Apripari
The Easta Journal Law and Human Rights Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i03.1009

Abstract

The development of information technology has fueled an increase in cybercrime, particularly online fraud through phishing, which poses serious challenges for law enforcement in Indonesia. This study aims to analyze the obstacles to law enforcement against phishing from a positive law perspective and to evaluate the effectiveness of existing regulations. The method used is normative legal research with a legislative and conceptual approach, through a literature review of primary, secondary, and tertiary legal materials. The results of the study indicate that the obstacles to law enforcement are multidimensional, including weaknesses in legal substance that have not adapted to technological developments, limitations in the capacity of law enforcement officials and supporting facilities, as well as low digital literacy among the public. Furthermore, the cross-border nature of the crime and the complexity of digital evidence exacerbate the challenges in law enforcement. This study concludes that an integrative approach is necessary through regulatory reform, institutional capacity building, and strengthened collaboration between the government, the private sector, and the public to achieve effective and responsive law enforcement against phishing crimes.
The “No Viral, No Justice” Phenomenon and Its Implications for Due Process in the Legal System Putri Setiawati Nusi
The Easta Journal Law and Human Rights Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i03.1010

Abstract

The “No Viral No Justice” phenomenon reflects a shift in the relationship between society, social media, and the law enforcement system in the digital age. This study aims to analyze the implications of this phenomenon on the application of the due process of law principle within the legal system. The method used is normative legal research with a conceptual and statutory approach, supported by qualitative analysis of empirical practices. The research findings indicate that virality on social media significantly influences the response of law enforcement officials, thereby creating disparities in case handling and potentially undermining the principles of equality before the law and the presumption of innocence. Furthermore, public opinion pressure can interfere with the independence of legal proceedings and shift the orientation of justice from procedural to perceptual. Although social media functions as an effective tool for social control, the dominance of unverified information risks undermining the integrity of the judicial system. This study concludes that this phenomenon poses a serious challenge to the rule of law and demands strengthened regulations, greater professionalism among officials, and improved public legal literacy to maintain a balance between transparency and judicial independence.
Legality of the Use of Generative Artificial Intelligence in Library Reference Services: An Analysis of Copyright and the Transformative Use Doctrine Deni Yusup Permana; Siti Julaeha; Zara Zeysa Kirana; Didi Rosidi; Ade Imelda Madiratih; Dessie Inditasary; Ratih Fatikha Sari
The Easta Journal Law and Human Rights Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i03.1011

Abstract

This study aims to provide an in-depth analysis of the legality of the use of Generative Artificial Intelligence in the context of academic library reference services, with a particular focus on Law Number 28 of 2014 on Copyright and the doctrine of transformative use. The research employs a normative juridical method using statutory, conceptual, and comparative approaches, drawing upon primary, secondary, and tertiary legal materials. The findings indicate that, although Generative Artificial Intelligence offers revolutionary efficiency in information retrieval and knowledge management, there exists a legal gap regarding the status of artificial intelligence as a legal subject of authorship in Indonesia, as Article 1 point 2 of Law Number 28 of 2014 explicitly requires human involvement. The use of copyrighted data for artificial intelligence training (data scraping) potentially infringes upon the economic rights of authors as stipulated in Article 9 of the same law. However, such use may be justified through a progressive interpretation of the transformative use doctrine within the framework of copyright limitations for educational and research purposes as provided under Article 44 paragraph (1). In conclusion, the legality of Generative Artificial Intelligence utilization in libraries largely depends on its non-commercial purpose and the role of librarians as ethical gatekeepers. Therefore, adaptive regulatory frameworks are required to balance the protection of authors’ exclusive rights with the advancement of information technology innovation in the digital era.
Consumer Legal Protection in Fintech Lending Against the Risk of Default Rahmat Budiyanto Hiola; Mutia Ch. Thalib; Sri Nanang Meiske Kamba
The Easta Journal Law and Human Rights Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i03.1013

Abstract

The rapid growth of financial technology lending (fintech lending) in Indonesia has increased public access to digital financing but has also created legal problems related to consumer protection against default risks. Consumers frequently face unlawful debt collection practices, misuse of personal data, lack of transparency in loan terms, and legal uncertainty caused by illegal fintech lending platforms. Although various studies have discussed fintech legality and consumer protection, limited research has specifically examined the effectiveness of legal protection against default-related risks and the responsibility of fintech lending providers. This study aims to analyze consumer legal protection in fintech lending services and evaluate the responsibility of providers in safeguarding consumer rights. The research employs a normative legal method using statutory and conceptual approaches. Data were collected through a literature review of legislation, legal doctrines, and scholarly publications concerning consumer protection and fintech lending. The findings indicate that existing regulations, including consumer protection, personal data protection, and fintech lending regulations, have not been fully effective due to weak supervision of illegal platforms, inadequate enforcement of personal data protection provisions, and persistent abusive debt collection practices. The study concludes that fintech lending providers must ensure transparency, data security, and ethical collection procedures. Strengthening regulatory supervision, improving coordination between relevant regulations, and imposing stricter sanctions on illegal operators are necessary to enhance consumer protection and create a secure and sustainable digital financial ecosystem.
Legal Certainty of the Forced Share (Legitime Portie) of Legitimaries in Relation to Testamentary Grants that Violate the Forced Share Andri Jatnika Sungkawa Putra; Felisitas Sri Marniati; M. Slamet Turhamun
The Easta Journal Law and Human Rights Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i03.1023

Abstract

Inheritance arises upon a person’s death and is governed by civil inheritance law. Although Article 874 of the Indonesian Civil Code allows inheritance distribution through a will, such freedom is limited by the compulsory portion (legitime portie) protected under Article 913. In practice, testamentary grants that infringe upon the compulsory portion frequently occur, resulting in disputes among heirs, challenges to testamentary deeds, and inconsistencies in judicial decisions. This study examines the legal consequences of testamentary grants that violate the compulsory portion and analyzes the legal certainty afforded to legitime heirs. The research applies Soeroso’s theory of legal consequences to assess changes in legal relationships resulting from the annulment of testamentary grants and Jan Michiel Otto’s theory of legal certainty to evaluate the consistency of legal norms and judicial reasoning. Using a normative juridical method, the study relies on primary, secondary, and tertiary legal materials through statutory, case, conceptual, and analytical approaches. The findings reveal that testamentary grants violating the compulsory portion may be partially or wholly annulled, depending on the extent of the infringement. Such annulment serves as a legal sanction for violating mandatory inheritance provisions and affects the legal position of beneficiaries by reducing or eliminating rights obtained under the will. Legal certainty is reflected in the recognition of legitime heirs’ protected rights and the consistent application of inheritance norms by courts. The study recommends greater diligence by notaries in drafting wills and the development of jurisprudential guidelines to promote consistency in court decisions concerning legitime portie and inheritance disputes.

Page 10 of 11 | Total Record : 104

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