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INDONESIA
INSPIRING LAW JOURNAL
Published by Universitas Muhammadiyah Sumatera Utara
ISSN : -     EISSN : 30251958     DOI : -
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Criminal Law, administrative law, Custom law, legal philosophy, sociology of law, Socio-legal studies, Constitutional Law, International Law, Agrarian Law, Environmental Law, Private Law, Criminal Procedural Law, Islamic Law, Administrative Law, Commercial Law, and Human Rights Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 116 Documents
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PANDOWO LIMO PEOPLE'S CLAIM TO LAND RIGHTS (A STUDY ON PT. PERKEBUNAN NUSANTARA IV KEBUNAN BALIMBINGAN) Ahmad Bayu Sulistyo; Lilawati Ginting
Inspiring Law Journal Vol 4, No 2 (2026): Juli-Desember
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Abstract

The Right to Use Business (HGU) often causes conflicts between rights holders who obtain formal legality from the state and communities who claim land based on historical control or customary rights. Such as the dispute between PT Perkebunan Nusantara IV Kebun Balimbingan and the Pandowo Limo Community in Simalungun Regency. The issues raised by the legal status of the HGU land owned by PTPN IV based on land law in Indonesia, the legal basis used by the Pandowo Limo community in claiming HGU land as their property, and the mechanism for resolving land disputes in the conflict between PTPN IV Kebun Balimbingan and the Pandowo Limo communityThe research method used is empirical legal research, which is research that examines the implementation and implementation of normative legal provisions in action in legal events that occur in society. This research is descriptive with a legislative approach to obtain a comprehensive normative and empirical understanding.The results of the study show that the legal position of the Right to Use Business (HGU) owned by PT Perkebunan Nusantara IV Kebun Balimbingan is valid and has legal force based on the Basic Agrarian Law and is evidenced by the valid HGU certificate. The claims of the Pandowo Limo people are based on hereditary control and historical legitimacy, but in the trial process they are not supported by written evidence that is strong enough according to positive law. Dispute resolution is carried out through litigation until Decision Number 19/Pdt.G/2023/PN. Sim and appeal decision Number 602/Pdt./2023/PT. MDN affirms the legal standing of PTPN IV as a legitimate right holder. This study also found that there is an inequality between administrative legality and social legitimacy, which is influenced by historical factors, weaknesses in land administration, and limited access to community law, thus reflecting the complexity of agrarian conflicts in Indonesia.
LEGAL IMPLICATIONS OF THE UNILATERAL WITHDRAWAL OF FIDUCIARY GUARANTEE OBJECTS BY THE CREDITOR WITHOUT FOLLOWING LEGAL PROCEDURES Raihan Ainurridho Matondang; Eka N.A.M Sihombing
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
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The phenomenon of unilateral withdrawal of fiduciary collateral by creditors without proper procedures has become a serious problem in consumer financing practices in Indonesia. Many debtors experience forced repossession of collateral, such as motor vehicles, by debt collectors, who often use unlawful methods. This study aims to analyze the legal procedures for withdrawal of fiduciary collateral according to Law Number 42 of 1999, the legal consequences for creditors who carry out unilateral withdrawals, and the legal remedies debtors can take in dealing with this situation.The research method used in this study is normative legal with a case study approach. This research analyzes applicable laws and regulations, relevant legal doctrine, and field practices related to the withdrawal of fiduciary collateral. Data was collected through literature review and interviews with relevant parties, such as debtors, creditors, and legal practitioners.The research results show that unilateral withdrawal of fiduciary collateral by creditors without following legal procedures constitutes a violation that can lead to various legal consequences. Based on the research results, the procedure for withdrawing fiduciary collateral must be carried out in accordance with the provisions stipulated in Law Number 42 of 1999, including registration at the Fiduciary Registration Office and the issuance of a fiduciary collateral certificate. If creditors violate these provisions, they may be subject to criminal and civil sanctions, including claims for compensation from the debtor. The legal consequence for creditors who unilaterally withdraw collateral is the loss of preferential rights over the fiduciary collateral. In this case, the creditor cannot execute the collateral object without going through a legal process. In addition, the act of unlawful withdrawal can potentially give rise to a civil lawsuit by the debtor, who is entitled to compensation for losses suffered due to the unauthorized withdrawal. Debtors have a number of legal remedies that can be taken if they experience an unauthorized withdrawal of fiduciary collateral objects. They can ask the financing company to show a valid fiduciary collateral certificate, and if they cannot show one, the debtor does not need to hand over the collateral object. Debtors can also report unlawful acts to authorities, such as the Financial Services Authority or the Ministry of Finance, to obtain better legal protection.
INCREASING CRIMINAL PENALTIES FOR PERPETRATORS WHO FORCE SEXUAL RELATIONS WITH CHILDREN (Study of Decision No. 253/Pid.Sus/2025/PN.Kis) Diya Duta Ramanda; Nurhilmiyah Nurhilmiyah
Inspiring Law Journal Vol 3, No 2 (2025): Juli-Desember
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This study discusses the aggravation of criminal penalties against perpetrators who force children to engage in sexual intercourse, with a focus on Decision Number 253/Pid.Sus/2025/PN.Kis. Cases of sexual violence against children in Indonesia continue to increase and have serious impacts on children’s futures, both physically and psychologically. These crimes become even more concerning when committed by individuals closest to the victim, such as a stepfather, who should provide protection and a sense of security to the child. This research aims to analyze the legal regulations regarding the aggravation of punishment for perpetrators of forced sexual intercourse against children, the forms of coercion committed by the perpetrator, and the judge’s considerations in rendering the decision in Case Number 253/Pid.Sus/2025/PN.Kis.The research method used is normative legal research with statutory and case approaches. The data sources consist of primary, secondary, and tertiary legal materials analyzed qualitatively. The results of the study show that the aggravation of criminal sanctions against perpetrators of sexual violence against children is regulated under Law Number 17 of 2016 concerning Child Protection, including the possibility of imposing additional measures in the form of chemical castration. In the case examined, the judge sentenced the defendant to 12 years of imprisonment and a fine but did not impose additional measures such as chemical castration, despite the repeated acts and threats committed against the victim. Therefore, stricter and more proportional sanctions are necessary to create a deterrent effect and ensure the protection of children as victims of sexual violence.
MECHANISM FOR PROVIDING RESTORATIVE JUSTICE IN CRIMINAL CASES AT THE LABUHANBATU DISTRICT ATTORNEY'S OFFICE Siti Alfadilah; Guntur Rambey
Inspiring Law Journal Vol 4, No 2 (2026): Juli-Desember
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This study aims to analyze the mechanism of  providing restorative justice in criminal cases at the Labuhanbatu District Attorney's Office, assess the effectiveness of its application in providing justice for perpetrators and victims, and identify obstacles and efforts made in its implementation. This research is motivated by a paradigm shift in the criminal justice system from a retributive approach to a restorative approach that emphasizes the restoration of circumstances, responsibility of the perpetrator, and the restoration of social relations, the research method used is qualitative research with an empirical juridical approach that is descriptive and analytical. The research data was obtained through literature studies and interviews with law enforcement officials at the Labuhanbatu District Attorney's Office. The data obtained is then analyzed qualitatively through the process of data reduction, data presentation, and conclusion drawn.The results of the study show that the mechanism for providing restorative justice is carried out through several stages, namely the assessment of the feasibility of the case, the implementation of penal mediation between the perpetrator and the victim, the exposure of the case in stages within the prosecutor's office, and the issuance of a Decree of Termination of Prosecution (SKP2). The application of restorative justice is considered effective, especially in criminal cases with a low level of seriousness, because it is able to speed up the resolution of cases, provide opportunities for perpetrators to take responsibility for their actions, and restore social relations between perpetrators and victims.However, its implementation still faces obstacles, including low public understanding of the concept  of restorative justice and the limited scope of cases that can be resolved through this mechanism. Therefore, it is necessary to increase legal socialization, involve community leaders in the mediation process, and strengthen the capacity of prosecutors as peace facilitators so that the implementation of restorative justice can run more optimally.
LEGAL STUDY OF THE MECHANISM OF APPLICATION FOR ADOPTION OF AN ADULT CHILD BASED ON MEDAN DISTRICT COURT DECISION NUMBER 703/PDT.P/2025/PN.MDN Shela Hernita; Nursariani Simatupang
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
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Child adoption is a legal act that aims to provide protection and certainty of status for children, as regulated in Law Number 35 of 2014 concerning Child Protection and Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption. Normatively, child adoption is only permitted for children who are not yet 18 years old. However, in judicial practice, there are applications for child adoption submitted when the child has reached adulthood, as occurred in the Medan District Court Decision Number 703/Pdt.P/2025/PN.Mdn. This study aims to analyze: (1) the requirements for child adoption according to the provisions of Indonesian positive law; (2) the mechanism for applications for the adoption of adult children based on the decision; and (3) the judge's legal considerations in granting applications for the adoption of children who are 20 years old.This research uses a normative legal research type with a statute approach and a case approach.Data collection was conducted through a literature review by reviewing laws and regulations, court rulings, and relevant legal literature. The data were analyzed qualitatively based on laws and regulations, legal literature, and court rulings. The results of the study indicate that although Government Regulation No. 54 of 2007 limits the maximum age of adopted children to 18 years, judges still grant applications based on considerations of the existing foster care relationship since childhood, as well as the principle of the child's best interests and the need for legal certainty in population administration. This ruling confirms that judicial practice sometimes utilizes the space for legal interpretation to fulfill the benefit and protection of children, even though it is not entirely in line with normative boundaries.
LEGAL PROTECTION FOR CHILDREN AS VICTIMS OF VERBAL SEXUAL HARASSMENT IN PUBLIC SPACES (CASE STUDY OF HARAPAN SATU PRIVATE HIGH SCHOOL, MEDAN) Muhammad Ragil Rayhan; Atikah Rahmi
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
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This thesis discusses legal protection for child victims of verbal sexual harassment in public spaces. Verbal sexual harassment, also known as catcalling, is a common occurrence in public spaces, especially in Indonesia. While public spaces should be a safe place, the behavior is not directly proportional to this. This behavior not only makes children feel unsafe and uncomfortable, but can also cause psychological trauma under Indonesian criminal law and legal protection for victims of verbal sexual harassment (catcalling). The legal umbrella that is expected to provide justice and protection for victims is, in fact, ignored in the slightest. Victims are left to suffer from all the impacts of the sexual harassment they receive, while perpetrators are allowed to roam free without being given the sanctions they deserve.      This study aims to find out the forms of verbal sexual harassment in public spaces, legal protection for child victims of verbal sexual harassment in public spaces, and prevention efforts for child victims of verbal sexual harassment in public spaces. The research method used in this study is empirical legal research. The data sources are Islamic legal sources, primary data, and secondary data. The research location is Jalan Imam Bonjol No. 35. The data collection tool is a questionnaire/survey. This research was conducted at Harapan Satu Private High School, Medan.      Forms of verbal sexual harassment in public spaces include inappropriate comments about physical appearance, whistling, and teasing. Protection for victims of verbal sexual harassment in public spaces is provided in Article 5 of the TPKS Law, which carries a maximum prison sentence of 9 (nine) months and/or a maximum fine of Rp. 10,000,000.00 (ten million rupiah). Prevention of verbal sexual harassment can be done holistically through education, outreach, and the implementation of firm policies.
CRIMINAL RESPONSIBILITY FOR MARINE POLLUTION MANAGEMENT IN A LEGAL PERSPECTIVE Makmur Farhan Fahrezi Hrp; R. Juli Moertiono
Inspiring Law Journal Vol 4, No 2 (2026): Juli-Desember
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Marine pollution is one of the environmental problems that has a serious impact on marine ecosystems, human health, and the survival of other living things. In the legal context, marine pollution is not only an environmental issue, but also an unlawful act that can be subject to criminal sanctions. This study aims to analyze the form of criminal responsibility for the perpetrators of marine pollution and the effectiveness of criminal law enforcement in efforts to overcome it.Using a normative juridical approach, this study refers to national laws and regulations such as Law Number 32 of 2009 concerning Environmental Protection and Management as well as relevant international legal instruments.The results of the study show that criminal liability can be imposed on both individuals and corporations that are proven to have committed marine pollution, with sanctions in the form of imprisonment, fines, and/or administrative actions. However, the implementation of law enforcement still faces various obstacles, including weak supervision, lack of coordination between agencies, and low legal awareness. Therefore, it is necessary to strengthen regulations, consistent law enforcement, and synergy between stakeholders in order to create effective legal protection for the marine environment.
LEGAL RESPONSE AGAINST FORGERY OF AUTHENTIC DEEDS USED AS THE BASIS FOR LAND REGISTRATION Indah Permata Sari Br Sembiring; Rahmat Ramadhani
Inspiring Law Journal Vol 3, No 2 (2025): Juli-Desember
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Land holds a crucial position in the lives of Indonesians due to its high economic, social, and cultural value. To ensure legal certainty and protection of land ownership, the state implements a land registration system as stipulated in Law Number 5 of 1960 concerning Basic Agrarian Principles. In practice, the transfer of land rights, particularly through sale and purchase, must be evidenced by an authentic deed drawn up by a Land Deed Official (PPAT) and used as the basis for issuing a land title certificate. However, legal issues often arise in the form of forgery of authentic deeds used as the basis for land registration, resulting in the issuance of legally flawed land title certificates and causing harm to other parties. This study aims to analyze the legal standing of authentic deeds in the Indonesian land registration system, examine the evidentiary strength and forms of legal protection for parties harmed by the issuance of land title certificates based on forged sale and purchase deeds, and outline the legal remedies available to the aggrieved parties. The research method used is normative legal research with a statutory and conceptual approach, supported by primary, secondary, and tertiary legal materials. The research results show that authentic deeds have perfect evidentiary force as long as they are made in accordance with applicable legal provisions. However, if the deed is proven to be forged, it loses its evidentiary force and the land title certificate issued based on it can be revoked. Aggrieved parties can pursue legal remedies through civil, criminal, and land administration channels as a form of legal protection. Therefore, strengthening the principle of prudence and supervision of authorized officials is necessary to prevent deed forgery and ensure legal certainty in land registration.
Interaksi Hukum dan Perubahan Sosial Dalam Perspektif Filsafat Hukum Islam Khairil Azmi Nasution
Inspiring Law Journal Vol 4, No 2 (2026): Juli-Desember
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Abstract

Perubahan sosial merupakan keniscayaan universal yang menuntut responsivitas hukum agar tidak terjadi ketertinggalan (law lag). Di Indonesia, tantangan muncul ketika hukum dipandang sebagai produk kekuasaan yang mengabaikan keadilan substantif dan nilai-nilai sosial yang hidup. Penelitian ini bertujuan menganalisis interaksi dialektis antara hukum dan perubahan sosial melalui sintesis teori social engineering dan prinsip filsafat hukum Islam. Metode penelitian yang digunakan adalah hukum normatif dengan pendekatan filosofis dan konseptual terhadap literatur hukum serta kaidah-kaidah fikih. Hasil penelitian menunjukkan bahwa hukum menjalankan fungsi ganda sebagai alat kontrol sosial untuk menjaga ketertiban dan sebagai instrumen rekayasa sosial (social engineering) untuk pembaharuan masyarakat. Dalam filsafat hukum Islam, hal ini sejalan dengan kaidah bahwa perubahan hukum tidak dapat diingkari akibat perubahan zaman, tempat, dan kondisi demi kemaslahatan. Praktik Rasulullah SAW dalam merombak tradisi Jahiliyah menjadi bukti fungsi hukum sebagai penggerak perubahan aktif. Kesimpulannya, hukum yang efektif harus berakar pada jiwa masyarakat (volkgeist) dan nilai budaya agar tidak sekadar bersifat simbolik, melainkan mampu menjawab dinamika zaman serta mewujudkan kepastian hukum yang berkeadilan
CRIMINOLOGICAL STUDY OF ILLEGAL RACING BY CHILDREN (Study at Medan Police Headquarters) Muhammad Ody Alwy Siregar; Nursariani Simatupang
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
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Ilegal racing is a phenomenon that often poses risks and dangers to the community. This practice involves illegal racing on highways, often carried out at high speeds and without regard for traffic regulations. In addition to endangering the lives of drivers and others around them, illegal racing also damages road infrastructure and disrupts public order and security. The phenomenon of illegal racing, as a form of juvenile delinquency, will become a major problem if not addressed quickly and appropriately. Illegal racing is an act prohibited and regulated by positive law in Indonesia. This illegal racing causes fear and concern in the community because the risks faced are very high, ranging from dealing with the police, accidents resulting in disability and even death. The research problem formulation in this study is what is the modus operandi of illegal racing carried out by children in Medan City, what are the factors causing illegal racing carried out by children, and what solutions can be provided to prevent illegal racing carried out by children.The illegal racing methods practiced by children in Medan are essentially similar to those in other regions: groups, nighttime until early morning, and utilizing deserted public roads. However, there are distinct urban characteristics, such as the use of social media to schedule times and locations, the involvement of motorcycle communities or gangs, and the primary goal of seeking thrills. The factors contributing to illegal racing among children are influenced by a combination of internal and external factors. Internally, curiosity, adrenaline, a search for identity, and a desire for peer recognition are the main triggers. Externally, there is a lack of parental supervision and weak social control within the community. The Medan Police's solution to preventing illegal racing among children involves a repressive, preventive, and educational approach.

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