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INDONESIA
Journal Of Law Sciences (Legisci)
Published by Ann Publisher
ISSN : 30327555     EISSN : 30309549     DOI : https://10.62885/legisci.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
a peer-reviewed journal that publishes scientific articles in the field of law. Articles published in the Legisci Journal include the results of original scientific research (top priority), new scientific review articles (not priority), and the results of studies in the field of law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 101 Documents
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Settlement of Disputes over Workers' Wage Rights Based on Law No. 13 of 2003 concerning Manpower and Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes Kartika, Meliana Fadia; Umar, Jaenudin
Jurnal Legisci Vol 3 No 4 (2026): Vol 3 No 4 February 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i4.1057

Abstract

Background. Wages are normative rights and basic rights of workers that arise from the employment relationship between workers and employers. Wages not only serve as a reward for the energy and time that workers have given, but also as a means to guarantee a decent livelihood for workers and their families. Therefore, the state is obliged to provide legal protection for the fulfillment of workers' wage rights through the regulation and mechanism of resolving industrial relations disputes. Although Law No. 13 of 2003 concerning Manpower and Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes have regulated wage rights and their settlement mechanisms, in practice there are still frequent wage violations that give rise to rights disputes. Purpose. This study aims to analyze the legal arrangements regarding workers' wage rights under Law Number 13 of 2003 and to examine the mechanism for resolving disputes over workers' wage rights under Law Number 2 of 2004. Method. The research method used is normative juridical research with a statutory approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary sources collected through literature reviews and analyzed qualitatively. Results. The results of the study show that the legal arrangements regarding workers' wage rights have normatively provided clear and comprehensive protections, including the obligation of employers to pay wages on time, the prohibition on wage payments below the minimum wage, and the regulation of sanctions for wage violations. However, in industrial relations practice, there remains a gap between legal norms and their implementation due to weak labor supervision, low worker legal awareness, and a lack of firmness in law enforcement. Conclusion. The mechanism for resolving wage disputes through bipartite negotiations, mediation, conciliation, and Industrial Relations Courts has been regulated in stages, but has not been fully effective in providing optimal legal protection for workers. Implementation. It is necessary to strengthen the state's role through increased supervision, consistent law enforcement, and legal education for workers to ensure the fulfillment of wage rights in a fair and equitable manner.
Legal Responsibility of Marketplaces in Online Buying and Selling Transactions in Indonesia: An Analysis of the Effectiveness of Digital Consumer Protection Nur Ubay, Ibnu Sina; Saputra, Reza; Harmono, Harmono; Umar, Jaenudin
Jurnal Legisci Vol 3 No 4 (2026): Vol 3 No 4 February 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i4.1058

Abstract

Background. This study analyzes the effectiveness of consumer protection regulations in online buying and selling transactions in Indonesia by highlighting the gap between normative legal certainty and real protection experienced by consumers in the digital marketplace ecosystem. The scope of the study includes the implementation of consumer protection laws in e-commerce transactions as well as structural, institutional, and sociological factors that hinder their effectiveness. Aims. The research aims to critically examine the application of the applicable legal framework in practice and to identify systemic causes of repeated violations, such as mismatches in goods, misleading product information, and limitations in consumer rights recovery mechanisms. Method. The method used is normative legal research, drawing on legislative, conceptual, and analytical-critical approaches. Primary legal materials consist of laws and regulations related to consumer protection and electronic transactions, supported by secondary legal materials from reputable international journals, OECD and UNCTAD reports, and documentation of consumer complaints over the last five years. Data were collected through literature review and document analysis, with validation using source triangulation and theory. Results. The results of the study show that although the normative framework for consumer protection in Indonesia is relatively comprehensive, its implementation in e-commerce remains weak due to weak law enforcement, low consumer legal literacy, fragmentation of responsibilities among digital business actors, and regulatory ambiguity regarding the role of marketplaces. Conclusion. Using Legal System Theory, information asymmetry, contractual justice, and economic analysis of the law, this study concludes that consumer protection remains dominant in the books but has not fully functioned in practice. Implementation. It is necessary to strengthen market accountability, simplify digital dispute-resolution mechanisms, and increase consumer legal literacy.
The Role of the Sleman Regency Civil Police Unit (SATPOLPP) in Law Enforcement of Violations of Regional Regulation Number 8 of 2019 : Study on the Night Entertainment Tourism Business Wasiati, Cunduk; Chrisjanto, Edy
Jurnal Legisci Vol 3 No 4 (2026): Vol 3 No 4 February 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i4.1065

Abstract

Background. The problem formulation in this study is how to enforce the law against violations of nightlife regulations in Sleman, the DIY district. Aims. To find out what the inhibiting factors are in law enforcement efforts for the violation of the implementation of nightlife in the Sleman district, and what efforts are made by the Sleman district government to overcome these inhibiting factors. Method. This is empirical juridical research that uses primary and secondary data sources. Data were collected through literature reviews, interviews, and observations. Meanwhile, the data analysis method uses qualitative descriptive analysis. Results. Efforts to enforce the law on violations of the implementation of nightlife in the district of Sleman DIY, coordinate with relevant agencies in conducting guidance and supervision of the implementation of the nightlife business, and enforce nightlife activities that violate the local regulations. An inhibiting factor in law enforcement efforts for nightlife violations in the Sleman district. Internal Obstacles: The duties and functions of PPNS have not been operating optimally; PPNS, as an investigator, has not been equipped with supporting facilities such as a dedicated PPNS workspace/secretariat, and there are no instruments to support PPNS welfare. The ratio of Linmas members is not ideal. External obstacles: The construction of nightlife premises violates spatial planning regulations. The construction of nightlife venues is illegal without permits. The district government is unable or slow to respond to residents' complaints; weak in supervision and enforcement; and has a social impact on the younger generation. Conclusion. Efforts made by the Sleman Regency government in overcoming inhibiting factors. The Sleman Regency Government needs to improve social programs that aim to foster the younger generation; Enforcement of rules related to drug abuse and immoral behavior in nightlife venues must be improved with cooperation between the police and related agencies; protection of local culture; the expansion of sustainable economic development; a more inclusive approach, where citizens are involved in every decision-making process, will help create fairer and more sustainable solutions for all parties; The issuance of risk-based permits in accordance with the provisions of tourism business standards to minimize friction that occurs between nightlife venue entrepreneurs and the community
Legal and Regulatory Studies for the Downstream of Manufacturing of Walking Aids for the Blind Sukapto, Paulus; Fauzan, Bagus
Jurnal Legisci Vol 3 No 4 (2026): Vol 3 No 4 February 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i4.1082

Abstract

Background. The Indonesian government, through President Joko Widodo, has been promoting downstream for Indonesian industries since 2020. Starting from mineral and mineral products, video games to medical devices. This research discusses specifically for medical devices, namely, the downstream development of road aids for people with visual disabilities based on sensor technology, which is an important innovation in supporting user mobility, safety, and independence. In fact, the success of the downstream of these innovations is not only determined by technical and functional aspects, but also depends on legal readiness and compliance with applicable regulations in accordance with the mandate of article 1 paragraph (3) of the 1945 Constitution, that '.. Indonesia is a State of Law..'. Purpose. This article aims to comprehensively examine the legal and regulatory frameworks governing the manufacturing system to ensure compliance with applicable laws and regulations for the downstream production of road aids for people with visual disabilities in Indonesia. Some of the aspects studied include intellectual property rights, technical and commercial licensing, quality standards and certifications, and the mapping of legal risks in the downstream process of innovation. Method. The research method used is socio-legal, where the analysis techniques are a mix of qualitative and quantitative through legal literature studies, field observations, multidisciplinary focus group discussions (FGDs), market surveys, and in-depth interviews with key stakeholders. Data were analyzed to assess the level of legal readiness and identify potential legal barriers that could affect the mass production and distribution of blind disability walkers. Results. The results of the study show that although there has been an initial foundation in the form of a patent certificate as a basis for judicial protection, various legal loopholes and risks are still found, including the lack of trademark registration, the inconsistency of the legality of business entities and business classification, the incomplete licensing of the distribution of medical devices, and the lack of optimal fulfillment of quality standards and legal documentation. This condition may hinder commercialization and downstream funding if not addressed comprehensively. Conclusion. This study recommends preparing an integrated legal and regulatory roadmap as a prerequisite for downstreaming the innovation of blind-disabled road aids. Implementation. A comprehensive socio-legal approach is expected to provide certainty and legal protection for inventors and partners, while ensuring the safety and rights of people with visual disabilities as consumers.
Implementation of the Restorative Approach in Traffic Accident Cases by the Indonesian Prosecutor's Office Bagassalam, Imaduddin; Harmono, Harmono; Fathurohman, Dadan Taufik
Jurnal Legisci Vol 3 No 4 (2026): Vol 3 No 4 February 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i4.1086

Abstract

Background. Traffic accidents are a form of criminal acts that occur quite often in the community and often have a significant impact, both in terms of physical, psychological, and social. Although the perpetrator may not be motivated by intent, they may still be subject to legal sanctions under applicable regulations. To achieve a fairer, more humane, and more efficient justice system, the Attorney General's Office of the Republic of Indonesia issued Regulation No. 15 of 2020 on the Termination of Prosecutions Based on the Principles of Restorative Justice. Aims. The purpose of this study is to analyze the application of restorative justice in traffic accident cases and to evaluate the barriers to its implementation and the factors that support its implementation. Method. The method employed combines a normative and empirical juridical approach, with data collected through literature reviews, interviews, and documentation. Conclusion. The study's findings indicate that the restorative justice approach offers a more peaceful and equitable settlement for all parties involved. However, there remain challenges, including limited understanding among law enforcement officials, low community participation, and weaknesses in oversight mechanisms. Implementation. Therefore, it is necessary to strengthen policies, continue training for prosecutors, and enhance community legal understanding so that restorative justice can be applied optimally and consistently in Indonesia.
Settlement of Illegal Building Disputes on the Edge of the Sukalila River, Cirebon City, with Justice Nurhaqi, Ari; Sanusi, Sanusi
Jurnal Legisci Vol 3 No 2 (2025): Vol 3 No 2 October 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i2.1088

Abstract

Background. Illegal buildings along the Sukalila River in Cirebon city, mostly MSME-based businesses, pose complex legal, environmental, and social problems. Disputes between local governments that have the authority to arrange space with communities that have illegal buildings often arise from inconsistencies between the provisions for erecting buildings on the river and the community's need to make a living. Purpose. This research aims to analyze the form of illegal building dispute resolution that is not only in accordance with the law but also fair to affected communities. Method. The research method is used for empirical juridical or sociological research through regulatory studies, document analysis, and practical field studies on the management of watersheds or river equivalents. Results. This research shows that fair settlement needs to integrate the principles of procedural, distributive, and restorative justice. Mediation mechanisms, participatory dialogue, objective data collection, and the inclusion of new relocations are effective steps to reduce conflicts. In addition, it once again prohibits the existence of illegal buildings and is intended to promote beautiful urban development. Conclusion. This study concludes that a collaborative, empowerment-based dispute-resolution model is the key to achieving social justice and sustainable management of the Sukalila River.
Reconsidering Polygamy Law Through The Lens Of Substantive Justice: A Critical Analysis Of Islamic Family Law In Indonesia Salikin, Adang Djumhur
Jurnal Legisci Vol 3 No 5 (2026): Vol 3 No 5 April 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i5.1135

Abstract

Background. The urgency of this research lies in the persistent gap between normative legal provisions and the lived experiences of justice among women in polygamous marriages, as evidenced by mounting empirical data on economic disenfranchisement, psychological distress, and social stigmatization. Aims. This article aims to critically examine polygamy law in Indonesia not merely from a legal-formal perspective but through the lens of substantive justice. It seeks to answer whether polygamy regulations (Marriage Law No. 1/1974 and the Compilation of Islamic Law) have produced tangible justice for all affected parties, particularly women and children, or merely serve as administrative procedures that legitimize patriarchal practices. Methods. This research employs normative legal research with philosophical, statutory, and comparative approaches. The analysis draws upon substantive justice theories from critical legal studies and legal philosophy—particularly Gustav Radbruch's triadic theory of law (justice, certainty, utility), Satjipto Rahardjo's Progressive Law, and Asghar Ali Engineer's theory of substantive justice for the weak—as analytical tools to examine polygamy provisions and their implementation in Religious Courts. Result. This research reveals a fundamental disparity between legal texts and the reality of justice. First, polygamy regulations (Articles 4 and 5 of Marriage Law No. 1/1974) remain highly procedural and have not addressed psychological and social justice dimensions for wives and children. The requirement of "justice" is only proven through written statements and the first wife's consent, without any mechanism to verify the husband's psychological capacity to be just. Second, judicial practice tends to be formalistic—if administrative requirements (wife's consent letter, income statement, police certificate) are fulfilled, applications are granted without a deeper examination of substantive justice. Conclusion. The article integrates multiple theoretical frameworks: substantive justice theory, maqashid shariah, feminist jurisprudence, and comparative legal analysis. It provides concrete reform recommendations based on empirical evidence and successful models from other Muslim-majority countries, offering a blueprint for legal reform that balances religious validity with enforceable safeguards. The article also introduces the concept of "Legal System Ibuism" as a novel analytical framework for understanding systemic gender bias in Indonesian marriage law.
Legal Harmonization in the Era of the New Indonesian Penal Code: A Study on the Application of Restorative Justice in Traffic Accidents Djajadi, Djajadi; Hidayat, Dudung; Indraswari, Sri Primawati
Jurnal Legisci Vol 3 No 5 (2026): Vol 3 No 5 April 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i5.1136

Abstract

Background. This study is grounded in the shifting paradigm of punishment within the New Indonesian Penal Code, which emphasizes a restorative justice approach, amidst the continued dominance of a formalistic framework under the Traffic and Road Transportation Law, particularly in cases of negligence resulting in death. Aims. The study aims to analyze the differences in legal regulation and the implications of applying restorative justice within these two legal regimes. Methods. The research employs a qualitative approach using normative legal research methods, relying on document analysis of statutory regulations, legal principles, sentencing principles, and the new paradigm introduced by the Indonesian Penal Code. Result. The findings reveal a normative inconsistency between the Traffic Law, which restricts restorative justice based on the severity of criminal sanctions, and the New Penal Code, which allows for restorative approaches based on the nature of the offense and specific circumstances, including reconciliation and compensation. Conclusion. It is concluded that the formalistic approach in law enforcement practices has not yet fully aligned with the restorative direction of contemporary penal reform. Implementation. The study highlights the need for regulatory harmonization and adaptive law enforcement policies that are more responsive to the principles of substantive justice and modern penal paradigms.
Groundless Land Claims: Systemic Failures in Land Tenure Rights Protection in Indonesia Nugraha, Kobul; Harmono, Harmono
Jurnal Legisci Vol 3 No 5 (2026): Vol 3 No 5 April 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i5.1158

Abstract

Background. The phenomenon of baseless land claims in Indonesia is an the rise and can no longer be treated as an ordinary civil dispute. This practice often involves manipulating documents, pseudo-physical possession, and the use of legal loopholes to legitimize unauthorized claims. Aims. This study aims to analyze the practice of baseless land claims from a positive legal perspective, identify systemic failure factors in land law, and formulate an ideal legal protection model for legitimate landowners. Methods. The method used is normative juridical, with a legislative, conceptual, and case-based approach, supported by studies of primary and secondary legal materials. Result. The results of the study show that the practice of baseless land claims is a form of abuse of legal instruments supported by weaknesses in the institutional structure, gaps in the substance of the law, and a legal culture that has not supported integrity. On the other hand, legal protection for legitimate landowners has not been effective, either preventively through the land registration system or repressively through judicial mechanisms. Conclusion. Therefore, systemic reform is needed through the digitization and integration of land data, the strengthening of supervision and law enforcement, and the expansion of access to justice for the community. Implementation. This study emphasizes that groundless land claims are an indicator of the state's failure to ensure legal certainty regarding ownership rights, making comprehensive reform in land governance in Indonesia an urgent need.
Legal Certainty of Crew Protection in Controlled Narcotics Schemes: A Doctrinal Analysis of Mens Rea and Actus Reus Rudiyanto, Rudiyanto; Harmono, Harmono
Jurnal Legisci Vol 3 No 5 (2026): Vol 3 No 5 April 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i5.1159

Abstract

Background. Problems arise when the crew is often positioned as perpetrators of narcotics crimes without adequate evidence related to malicious intent (mens rea) and unlawful acts (actus reus), especially in the context of limited knowledge and control of the ship's cargo. Aims. This article aims to analyze the legal certainty in the protection of crew members who are indirectly involved in controlled delivery schemes, with an emphasis on the doctrinal construction of the elements of mens rea and actus reus in criminal law. Methods. This research employs normative juridical methods, drawing on legislative, conceptual, and comparative legal approaches, and is supported by an analysis of relevant law enforcement practices. Result. The results of the study show that there is a tendency to apply the strict liability approach in narcotics cases involving crew members, which in practice obscures the fundamental principle of geen straf zonder schuld (no crime without fault). In addition, the construction of actus reus is often disproportionately expanded to include individuals who have neither effective control nor real involvement in criminal acts. This condition creates legal uncertainty and may violate the principles of justice and the protection of human rights. Conclusion. This article argues that proof of mens rea should be a central element in the attribution of criminal liability to the crew, and emphasizes the importance of strictly limiting the interpretation of actus reus. As a recommendation, it is necessary to reformulate the narcotics criminal law policy to be more oriented towards the principle of culpability, to strengthen evidentiary standards, and to align it with international legal instruments. Implementation. Thus, it is hoped that a balance will be created between the effectiveness of narcotics eradication and fair legal protection for the crew.

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