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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 79 Documents
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Legal Protection for the Security of Personal Data of Electronic Land Certificate Holders Primarini, Nabilla Lintang; Rahmalia, Widya Nur; Prihastuti, Devi Indah; Gunawan, Moh. Sigit; Nurhaqi, Ari
Jurnal Legisci Vol 2 No 4 (2025): Vol 2 No 4 February 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i4.619

Abstract

Background. The digital shift requires public trust in protecting personal data stored in electronic systems. Law Number 27 of 2022 on Personal Data Protection was enacted to protect personal data owners' rights and specify the obligations of personal data controllers responsible for ensuring data protection. Aim. This study examines the legal protections for personal data security of holders of Electronic Land Certificates issued through Electronic Systems as Electronic Documents. Methods. The writing approach used is normative juridical, employing procedures for collecting and analyzing primary and secondary legal data. Result. The government is responsible for ensuring the security and confidentiality of the Electronic Land Certificate owner's data against breaches. The government, as a data controller, has ensured the protection of personal data for land rights owners in the execution of the electronic certificate program by adopting measures to safeguard Electronic Certificates, including the implementation of the ISO 27001:2013 standard, employing encryption techniques for data storage, utilizing electronic signatures, implementing two-factor authentication, QR Codes, and various additional protective measures. Data controllers are obligated to safeguard data against breaches. The rise of cybercrime accompanies the advancements in information technology. Criminal behavior evolves in response to societal advancements, necessitating ongoing vigilance and proactive measures to anticipate and address emerging abuses. Conclusions. The research findings indicate that the Government, as a data controller, has implemented measures to protect personal data by establishing procedures to secure Electronic Certificates. Implication The implementation of electronic certificates is currently being executed in phases, considering the preparedness of infrastructure, human resources, and maturity levels at each land office to ensure proper execution across all land offices in Indonesia
Ownership of Public Parking Lots Controlled by Individuals (Case Study in Cirebon City) Vellita, Adriana; Fatah Alfiandi, Muhammad Rasyid; Nurfandhyca, Dendhy; Yusup Permana, Deni; Dikrurahman, Diky
Jurnal Legisci Vol 2 No 4 (2025): Vol 2 No 4 February 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i4.620

Abstract

Background. Parking is a public necessity that initially serves a function. Following this function, parking spaces are adjusted to demand and the needs of people who drive to be or access a place. Aim. Evaluation The case that occurred in the Cirebon city area was in the market area of Jalan Kedrunan II. What happened was that one of the residents controlled the parking lot, which covered the public road, resulting in congestion and difficulty accessing the area. Methods. Normative Juridical Research is legal research that focuses on written rules or laws (laws in books) or research based on rules or norms that apply in society. It is usually said to be literature review research, where most data sources are secondary and tertiary legal materials. Most of the data comes from written laws or regulations that apply in society. Result. Local governments have duties, obligations, and responsibilities in developing and managing parking in their area, which is essentially part of public service activities. In return for organizing the public services in question, local governments have the right to receive funds from the community through retribution or taxes as one of the sources of local revenue. Following this function, parking spaces are public facilities used by many people. So, as one of the public facilities, parking spaces should not be controlled by certain people personally and prevent others from using them. But in reality, there is often a misuse of the function of parking spaces, for example, controlling parking lots to be used for personal gain. Conclusion. The research results in this paper are the basis for parking management carried out by the Cirebon City Transportation Office based on the provisions of Cirebon City Regional Regulation No. 11 of 2019 concerning Parking Management.
The Influence of Digital Technology on Children's Behavior in Cirebon Regency: A Study from the Perspective of Criminology Law for Preventing Deviant Behavior Rofii, Apip; Khanan, Abdul; Ramadhan, Axelceri
Jurnal Legisci Vol 2 No 4 (2025): Vol 2 No 4 February 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i4.621

Abstract

Background. The development of digital technology in recent years has had a significant impact on children's behavior, including in Cirebon Regency. Although digital technology offers various benefits, such as easy access to information and entertainment, its negative impacts, especially on children's behavior, are increasingly felt. Cases of child exploitation through social media, the increase in violence involving teenagers, and the influence of violent content on digital platforms have become major concerns. Aim. This research aims to examine the influence of digital technology on children's behavior in Cirebon Regency between 2020 and 2025. Methods. The research method used is a mixed methods approach, which combines qualitative and quantitative approaches. Data were obtained through interviews with the police, the Education Office, the Regional Indonesian Child Protection Commission (KPAID), as well as parents and affected children. In addition, a questionnaire survey was conducted to obtain data on the patterns of technology use by children and teenagers. Result. The research results show that the lack of parental supervision, low digital literacy, and exposure to violent and exploitative content in cyberspace are the main factors causing deviant behavior in children. Conclusion. This research recommends the creation of regulations governing the use of digital technology by children, including restrictions on the duration of mobile phone use and monitoring of accessible content. Implication. Efforts to improve digital literacy and cooperation between the government, society, and families have also been identified as important steps in preventing the negative impact of digital technology on children's behavior.
Criminal Liability for the Act of Playing Judge Alone (Eigenrichting) Against the Perpetrators of the Crime of Theft in the Criminal Code at the Sukahaji Police Station Nur Hakim, Justitio; Harmono, Harmono; Nurhaqi, Ari
Jurnal Legisci Vol 2 No 4 (2025): Vol 2 No 4 February 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i4.622

Abstract

Background. Vigilante cases generally exist in the crime of theft; the perpetrator is caught off because of the crime committed by the perpetrator, and residents who know about the incident will use their collective power to chase, hit, and gang up on the perpetrator. The act of vigilante itself is how to determine the criminal responsibility of the perpetrator, as well as the settlement of the crime of theft. Aim. This study aims to determine the responsibility of vigilante crime perpetrators and their settlement with the Majalengka Police. Methods. The method used is normative juridical, sourced from data taken at the Sukahaji Police Station.Result. The meaning of criminal liability or guilt must be expanded while still considering the balance between the interests of individuals and the interests of the wider community. Furthermore, he reminded us that consideration must be made very carefully, especially when making a drastic leap from the conception of error that is expanded in such a way to the conception of no error at all. The latter is the deepest root of the values of justice based on Pancasila. Conclusions. The concept of vigilante justice (eigenrichting) is not explicitly addressed in Indonesian criminal law within the Criminal Code. Individuals engaging in vigilante actions (eigenrichting) may face penalties commensurate with their conduct and can be prosecuted under Article 351 of the Criminal Code regarding persecution, Article 170 concerning violence, Article 406 paragraph (1) pertaining to destruction, Article 338 regarding intentional homicide, and Article 354 concerning severe persecution.Implementation. The reform of the Criminal Law in Indonesia, specifically the Criminal Code Bill, has not explicitly addressed the act of vigilantism (eigenrichting). Typically, vigilantism is resolved through restorative justice, which seeks to reconcile the parties involved without resorting to legal proceedings.
Cancellation of Homologated Peace by Creditors: (Analysis of the Legal Standing of Cooperative Members as PKPU Applicants in the Commercial Court Decision at the Semarang District Court Number 1/Pdt.Sus-Pembatalan Perdamaian/2023/ PN Niaga Smg jo. Number 43/Pdt.Sus-PKPU/2020/PN Niaga Smg) Gisymar, Najib; Kusuma Dewi, Elya
Jurnal Legisci Vol 2 No 5 (2025): Vol 2 No 5 April 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i5.646

Abstract

Background. The Sharia Savings and Loan Cooperative and Financing (KSPPS) as the Debtor in the Suspension of Debt Payment Obligations case Number 43/Pdt.Sus-PKPU/2020/PN Niaga Smg (PKPU 43/2020/Smg), submitted a peace proposal to the Creditors and was eventually approved by the Creditors, making it binding and must be fulfilled by the Debtor. Aim. This research examines the legal considerations of judges regarding the rights of KSPPS members as Creditors who file for annulment of the Homologation Agreement agreed upon by the Creditors and Debtor. Methods.This paper is the result of research using a normative juridical approach. Legal research based on the study of the Cancellation Decision of PKPU 1/2023/Smg, linked to legal norms and regulations. This research is descriptive-analytical in nature. Data analysis was conducted using qualitative analysis methods, related to the rejection of the annulment of the Peace Agreement/Homologation by the Assembly, with the consideration that the meeting of members could bankrupt the Cooperative. Result. KSPPS is considered to have failed to fulfill the contents of the Homologation, thus the Creditors have the right to file for the annulment of the Homologation through the commercial court proceedings mechanism and registered in the case register Number 1/Pdt.Sus-Pembatalan Perdamaian/2023/PN Niaga Smg ("PKPU No. 1/2023/Smg"). However, the annulment of the Homologation was rejected by the first-instance court and cassation because the Cooperative can only be declared bankrupt if approved by the Members' Meeting. Conclusion. The Supreme Court must be able to bridge the differences in interpretation by issuing guidelines for interpreting the provisions of Article 291 paragraph (2) of the K-PKPU Law, thereby achieving legal certainty. Implication. This research is useful as an example of overcoming the case of reconciliation of cooperative creditors and canceling agreements.
Law Enforcement of Symbolic Violence against Women in the Context of the Domestic Violence Eradication Law Maulida, Irma; Faturachman, Dadan Taufik; Noupel, Muhamad; Harliyanto, Rois; Sutrisno, Anom; Ika Putri, Dessy; Azizah, Nur Alma
Jurnal Legisci Vol 2 No 5 (2025): Vol 2 No 5 April 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i5.651

Abstract

Background, The notion of domestic violence, frequently rationalized by the general populace, predominantly manifests as physical aggression. However, the inclination to prioritize physical and interpersonal dimensions of violence obscures the recognition of non-physical forms, leading to the conclusion that violence is inherently subjective. Several cases of symbolic violence often appear in society, one of which is about expressing a wife's feelings of sadness and disappointment for accepting her husband's betrayal in a marriage relationship that has been lived for years even though it does not physically hurt, but this violence can occur because of masculine dominance. This dominant position of men contributes to symbolic violence as a result of patriarchal culture. Aim, This research aims to identify the factors contributing to symbolic violence against women within households that persist in a patriarchal culture and to examine law enforcement related to symbolic violence against women in the context of the Law on the Elimination of Domestic Violence. Methods, This research employs a normative juridical approach, focusing on the implementation of laws against symbolic violence towards women as examined through the Law on the Elimination of Domestic Violence. Data gathering methods included in this study include literature analysis, interviews, and observations. Results, Numerous victims of domestic violence remain hesitant or afraid to report the abuse they have endured. This is affected by multiple factors, including the stigma associated with domestic violence, economic reliance on the abuser, and the inadequate response of law enforcement officials. Conclusions, By combining effective prevention and intervention approaches, this effort is believed to not only reduce cases of symbolic violence but also improve family relationships, create a more harmonious society, and support the comprehensive elimination of domestic violence. Implication, The findings of this study indicate that law enforcement on the Law on the Elimination of Domestic Violence in Cirebon necessitates more enhancement and oversight, particularly with symbolic violence against women inside the domestic context.
The Effectiveness of Halal Certification Regulations for MSME Operators in Consumer Protection Efforts Marlina, Tina; Umar, Jaenudin; Budiyanti, Setia; Aufiya, Zelfi Ghaffar; Ika Putri, Dessy; Wahyudin, Hafidz
Jurnal Legisci Vol 2 No 5 (2025): Vol 2 No 5 April 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i5.652

Abstract

Background, The requirement for halal certificates for Micro, Small, and Medium Enterprises (MSMEs) is articulated in the Halal Product Guarantee Law, the Consumer Protection Law, the Job Creation Law, and Government Regulations concerning the Implementation of the Halal Product Guarantee Sector. This is facilitated by the provision of a complimentary halal certificate policy from BPJPH, aimed at enhancing consumer protection through MSME products, ensuring their health, comfort, and safety are assured. Aim, This study seeks to assess the efficacy of compulsory halal certification regulations for MSMEs in the Pekiringan and Sunyaragi subdistricts. Methods, The employed research approach is empirical juridical, focusing on the existing laws within society, particularly with the enforcement of mandatory halal certificate restrictions in the two sub-districts. Results, The MSME actors sampled in this study refrain from acquiring halal certificates due to apprehensions regarding the associated high expenses and also believe that the process of issuing halal certificates will incur a significant tax burden after the halal certificate is issued. Conclusions, The research findings on MSMEs in Pekiringan and Sunyaragi Subdistricts indicate that the enforcement of mandatory halal certification regulations is ineffective, as numerous MSME operators remain uncertified due to concerns over high costs and subsequent taxation following the issuance of the halal certificate. Implication, The effectiveness of halal certification regulations for MSME operators in consumer protection efforts is lacking, considering they are apprehensive about the costs involved during and after halal certification.
The Role of Labor Supervision (WASNAKER) In Resolving Legal Violations Regarding Wage Payment below the Minimum Wage Gumilang, Iwan G.; Solichin, Solichin; Marlina, Tina; Ika Putri, Dessy; Aulia, Dhea Wardah
Jurnal Legisci Vol 2 No 5 (2025): Vol 2 No 5 April 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i5.653

Abstract

Background, The annual rise in the nominal District/City Minimum Wage (UMK) is not accompanied by the adherence of Companies/Employers to fulfill their commitment to remunerate workers following the regulations. Labor Supervision, as the coordinator of oversight in the labor sector, encompasses coaching, inspection, testing, and investigation of labor offenses, playing a crucial role in addressing legal infractions related to the payment of wages below the District/City Minimum Wage (UMK). Aim, This study investigates the challenges encountered by Labor Supervision (WASNAKER) in addressing legal infractions concerning wage payments that fall below the district/city minimum wage (UMK). Methods, This article employs an empirical legal methodology utilizing a qualitative approach. Results, From this study, we found obstacles faced by the Cirebon Region III Manpower Supervision (WASNAKER) in handling legal violations against wage payments below the District/City Minimum Wage (UMK) by one of the Commanditaire Vennootschap (CV) in Cirebon Regency, including the Manpower Supervision which does not have executive power in carrying out its supervision activities and the absence of experts in the field of manpower who have certification at the Cirebon Region III Manpower Supervision. Conclusions, Efficient labor oversight is essential to guarantee the enforcement of regulations in compliance with the law. This oversight seeks to uphold labor standards via guidance, inspection, testing, and investigation of labor. However, in its implementation, supervision faces various obstacles, such as the lack of executive power in the supervision process and the absence of certified expert witnesses in the field of labor, as seen in Region III Cirebon. Implication, This study’s results highlight the importance of strengthening the oversight mechanism, including the provision of competent human resources, to ensure compliance with labor regulations and the protection of workers' rights.
Liability of Airlines That Unilaterally Cancel Flights in Indonesia Rahmawati Dewi, Stepani; Aulia, Muhammad Fikri; Gunawan, Moh Sigit; Maulida, Irma
Jurnal Legisci Vol 2 No 5 (2025): Vol 2 No 5 April 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/jurnallegisci.v2i5.680

Abstract

Background, Aviation is one of the significant forms of business deregulation in Indonesia. The existence of aircraft makes it easy for passengers to move between regions quickly and efficiently for various purposes. The commercial air transportation sector is growing rapidly, as seen by the increasing number of airlines providing flight services and the rising public interest in using these services. However, in reality, many consumer rights have not been fully fulfilled by airlines, especially in the case of flight delays. For this reason, strict legal regulations are needed to regulate airlines' responsibilities to protect consumer rights. In its implementation, it turns out that passengers submit many complaints to the airline due to various problems. Aim, Clear and firm legal regulations are needed to regulate airlines' responsibilities to protect passengers' rights. This research focuses on two main issues, namely how the airline's liability to passengers is related to flight schedule delays and how to claim compensation for airline passengers related to flight schedule delays. Methods, This study uses a normative juridical approach by analysing laws and regulations related to legal protection for consumers. The data obtained was analysed qualitatively to understand the issue more deeply. Results, The study results show that the Regulation of the Minister of Transportation Number 89 of 2015 expressly regulates the rights of consumers affected by flight delays and stipulates the obligations of airlines to aggrieved passengers. Conclusions, The legislation was made to ensure that passengers get safety and security in running flights, as well as passengers, are more independent and know the importance of the issuance of the law. Implication, Furthermore, the regulation can be used as a foothold for passengers' legal protection against problems.
Implementation of Regulation of the Minister of Transportation Number 45 of 2020 on the Use of Electric Bicycles on Highways in Cirebon Regency Syahputra, Argia; Fadhillah, Ilyas; Saputra, Guntur Wahyu; Gunawan, M. Sigit; Dimyati, Agus
Jurnal Legisci Vol 2 No 6 (2025): Vol 2 No 6 June 2025
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i6.759

Abstract

Background. The rise of the use of electric bicycles on the highways of Cirebon Regency has caused unrest among other road users, mainly due to the difference in speed, the use of inappropriate lanes, and the absence of engine noise that often surprises other motorists. To regulate this, the Minister of Transportation issued Regulation of the Minister of Transportation (Permenhub) No. 45 of 2020 concerning Certain Vehicles Using Electric Motor Drives, which regulates technical requirements, lanes, and the minimum age of electric bicycle users, as well as requiring the use of helmets and other safety equipment. However, the Regulation has not been able to solve the above problems due to the lack of thorough socialization, which leads to a lack of public understanding of the applicable regulations and the lack of supporting infrastructure. The purpose of the research is to provide the public with an understanding of the regulations and technical rules for using electric bicycles. Aims. This study formulates a problem regarding how to implement Permenhub No. 45 of 2020 on the use of electric bicycles on the highways of Cirebon Regency. Methods. Using an empirical juridical research method, this study shows that regulation implementation is still not optimal. It is characterized by low public awareness of the rules, limited infrastructure, and the absence of derivative regulations at the regional level. Conclusion. In conclusion, the effectiveness of Permenhub No. 45 of 2020 in Cirebon Regency is influenced by factors such as a lack of socialization, a lack of supporting facilities, and weak law enforcement, so collaborative efforts are needed between the local government and the community to create safer and more orderly traffic

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