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LEX OMNIBUS : JURNAL HUKUM TATA NEGARA DAN ADMINISTRASI NEGARA
Published by Yayasan Pendidikan Dan Pelayanan Kesehatan Rahmat Husada
ISSN : -     EISSN : 30627303     DOI : 10.08221/lexomnibus
Core Subject : Education, Social,
Education Law, Crime, Criminology & Criminal Justice Social Sciences Other
The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Theories and principles of constitutional law, Structure and functions of state institutions, Relationship between state institutions and individuals, Regulation and implementation of public policies, Legal aspects of public administration, Comparative studies of constitutional and administrative law systems in different countries, Contemporary issues in constitutional and administrative law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 47 Documents
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PERTANGGUNGJAWABAN HUKUM PELAKU TINDAK PIDANA PERJUDIAN SLOT ONLINE DI INTERNET (STUDI PUTUSAN NO 472/PID.B/2024/PN PSP) Candra Nurhayati Pertiwi; Indah Sari
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 2 No. 1 (2025): Lex Omnibus : Jurnal Hukum Tata Negara Dan Administrasi Negara (Juni)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexomnibus.v2i1.276

Abstract

Gambling is a social disease that has hit society everywhere, including the people of Demak Regency. In general, gambling is a form of game using bets that are based on luck, to win also requires playing skills. Gambling in the historical process has not been easy to eradicate, although the reality also shows that the gambling proceeds obtained by the government can be used for development efforts, but apart from that the negative impact of gambling is greater than the positive impact. Criminal law is often used to solve social problems, especially in overcoming crime. Especially the problem of gambling as a form of social disease. The problem is formulated as follows: How is the implementation of criminal sanctions for perpetrators of gambling crimes in the Padang Sidempuan District Court?, Is Decision No. 472 / Pid.B / 2024 / PN.PSP in accordance with the laws and regulations or not. Gambling crimes are regulated in the Criminal Code Law (Lex Generalis) and Law Number Information and Electronic Transactions (Lex Specialis).
PERTANGGUNGJAWABAN HUKUM PELAKU TINDAK PIDANA PERJUDIAN SLOT ONLINE DI INTERNET (STUDI PUTUSAN NO 472/PID.B/2024/PN PSP) Choirul Amin; Bambang Widarto
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 2 No. 1 (2025): Lex Omnibus : Jurnal Hukum Tata Negara Dan Administrasi Negara (Juni)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexomnibus.v2i1.277

Abstract

Fraud is a form of crime classified as an offense against another person's property. It is a criminal act that can be committed by anyone, including members of the Indonesian Army. Fraud committed by a Indonesian Army is considered a serious violation, particularly when they abuse their position for personal gain. This research uses a normative juridical method with a case approach. The regulation of fraud committed by Indonesian Army is stipulated in Article 378 of the Indonesia Penal Code, while the 2023 Penal Code regulates fraud under Article 492. Indonesia Military Penal Code does not specifically regulate fraud, thus members of the Indonesian Army are subject to the general provisions of the Indonesia Penal Code. The criminal liability for fraud committed by a Indonesia Army based on the decision of the Military Court I-04 Palembang Number 7-K/Pm.I-04/Ad/I/2025 resulted in a relatively light sentence of ten months’ imprisonment. Such a lenient sentence, especially for a Indonesian Army, fails to provide a deterrent effect. Judicial decisions should deter criminal acts and help offenders become more responsible individuals who can reintegrate into society as better citizens.
KAJIAN YURIDIS TERHADAP KETERLIBATAN IBU KANDUNG DALAM KASUS TINDAK PIDANA PERDAGANGAN ORANG (STUDI PUTUSAN NOMOR 1451/Pid.Sus/2021/PN Mdn) Christanti Natalia; Diding Rahmat
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 2 No. 1 (2025): Lex Omnibus : Jurnal Hukum Tata Negara Dan Administrasi Negara (Juni)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexomnibus.v2i1.278

Abstract

Human trafficking is a serious violation of human rights that frequently The crime of human trafficking is one of the most serious violations of human rights, often involving vulnerable groups, particularly women and children. Despite the issuance of various regulations, the phenomenon of human trafficking in Indonesia remains prevalent, even within family environments. This study discusses the involvement of a biological mother in the crime of child trafficking based on Decision Number 1451/Pid.Sus/2021/PN Mdn. The research method used is normative juridical with a case approach and a statutory approach supported by secondary data. Based on the findings, the legal provisions regarding the crime of human trafficking in Indonesia are firmly regulated in Article 2 paragraph (1) of Law Number 21 of 2007 on the Eradication of the Crime of Human Trafficking, which states that any person committing the crime of human trafficking shall be punished with imprisonment for a minimum of 3 years and a maximum of 15 years, and a fine of at least IDR 120,000,000. Furthermore, Article 76F in conjunction with Article 83 of Law Number 35 of 2014 on Child Protection prohibits the economic and sexual exploitation of children, with a maximum penalty of up to 15 years in prison. These legal provisions are reinforced by Indonesia’s ratification of the Palermo Protocol through Law Number 14 of 2009, as part of its international commitment to combat human trafficking, especially against women and children. In this case, the panel of judges declared that the defendant, Hanita Sari Nasution, as the biological mother of the victim, was legally and convincingly proven to have committed the crime of human trafficking by employing her daughter as a commercial sex worker for seven years. The blood relationship was considered an aggravating factor, as the defendant had abused her authority as a parent. The panel sentenced the defendant to 4 (four) years of imprisonment and a fine of IDR 120,000,000, as stated in Decision Number 1451/Pid.Sus/2021/PN Mdn. This ruling reflects the application of the principle of equality before the law and child protection within Indonesia’s national criminal justice system
URGENSI PEMBENTUKAN UNDANG-UNDANG PROFESI KONSULTAN PAJAK DALAM MEWUJUDKAN PROFESIONALISME DAN KEPASTIAN HUKUM PERPAJAKAN DI INDONESIA Daniel Lehman; Sudarto
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 2 No. 1 (2025): Lex Omnibus : Jurnal Hukum Tata Negara Dan Administrasi Negara (Juni)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexomnibus.v2i1.280

Abstract

Tax consultants lack a comprehensive legal basis at the level of legislation. Current regulations remain at the Minister of Finance Regulation (PMK) level and inadequate general recognition in the Financial Sector Development and Strengthening Law (PPSK Law), raising issues of legal vulnerability and weak professional standards. This study aims to analyze the urgency of establishing a Tax Consultant Profession Law and identify compelling reasons behind the need for a specific law for tax consultants to achieve professionalism and legal certainty in taxation in Indonesia. This study employed normative legal methods with both statutory and conceptual approaches, and qualitative data analysis was conducted. The results indicate that the current regulation of tax consultants remains administrative in nature and does not provide legal protection. Tax consultants lack independent law enforcement status, legal immunity, or self-regulatory oversight mechanisms. As a result, they are vulnerable to criminalization, and oversight of the profession remains under the control of the government (the Ministry of Finance). The urgency of establishing a Tax Consultant Profession Law is high to enhance professionalism, provide clear legal protection for consultants and taxpayers, and create greater legal certainty in the tax system.
PERLINDUNGAN HUKUM KONSUMEN TERHADAP SISTEM PEMBAYARAN CASH ON DELIVERY DALAM TRANSAKSI JUAL BELI E-COMMERCE Diana Rosalina; Rara Amalia
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 2 No. 1 (2025): Lex Omnibus : Jurnal Hukum Tata Negara Dan Administrasi Negara (Juni)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexomnibus.v2i1.281

Abstract

The Cash On Delivery (COD) payment system has become one of the most popular payment methods in e-commerce transactions in Indonesia. Despite its convenience, the COD system carries potential legal issues, particularly regarding consumer protection. This research uses a qualitative method with a normative juridical and conceptual approach. The regulation of the COD payment system in e-commerce transactions under Indonesia’s positive law is governed, among others, by the Indonesian Civil Code (KUHPerdata), Law Number 8 of 1999 concerning Consumer Protection, Law Number 1 of 2024 on Electronic Transactions, and Government Regulation Number 80 of 2019 concerning Trade Through Electronic Systems. Legal protection for consumers using the COD method remains limited, and the lack of public awareness about COD mechanisms increases risks for consumers. Consumers may file claims against business actors, and Article 45 paragraph 2 of the Consumer Protection Law stipulates that consumers may also resolve disputes outside of court or through non-litigation channels. The government and policymakers need to formulate specific regulations governing e-commerce transactions using the COD system, including the protection of consumer rights, the obligations of business actors, and the responsibilities of intermediaries. Consumers are expected to be more cautious and critical when conducting e-commerce transactions. The government must be proactive in promoting the use of Online Dispute Resolution (ODR) in cases involving electronic transaction disputes.
TINJAUAN YURIDIS TERHADAP PENJATUHAN SANKSI PIDANA PADA ANAK PELAKU PENGANIAYAAN BERAT YANG MENYEBABKAN KEMATIAN (STUDI PUTUSAN NOMOR 12/Pid.Sus-Anak/2020/PN Jkt.Pst) Dicky Darmawi; Diding Rahmat
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 2 No. 1 (2025): Lex Omnibus : Jurnal Hukum Tata Negara Dan Administrasi Negara (Juni)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexomnibus.v2i1.282

Abstract

This study aims to analyze the juridical considerations of the panel of judges in imposing criminal sanctions on a child perpetrator of aggravated assault that resulted in death, as reflected in Decision Number 12/Pid.Sus-Anak/2020/PN Jkt.Pst. This research uses a normative juridical method with a statutory and case study approach. The findings indicate that the judges applied the principle of lex specialis derogat legi generali, prioritizing the Child Protection Act and the Juvenile Criminal Justice System Act (UU SPPA) over the general provisions of the Indonesian Penal Code (KUHP). Under the old Penal Code, aggravated assault resulting in death is regulated in Article 351 paragraph (3) with a maximum sentence of 7 years, while the new Penal Code, stipulated in Law Number 1 of 2023, regulates the same offense in Article 354 paragraph (3), with a maximum sentence of 12 years. In contrast, the Child Protection Act (Article 80 paragraph (3)) prescribes up to 15 years imprisonment. However, since the perpetrator is a child, Article 81 of the Juvenile Criminal Justice System Act limits the maximum sentence to half, which is 7.5 years. The judge also rejected the application of diversion due to the threat of imprisonment exceeding 7 years, in accordance with Article 7 paragraph (2) of the SPPA Law. Based on considerations of the perpetrator’s age (14 years), psychological condition, family background, and rehabilitative recommendations from BRSAMPK Handayani, the court imposed a two-year educational sanction at a Social Welfare Institution (LPKS). Although the verdict received criticism for being too lenient, the judge took into account child protection principles, the ultimum remedium principle, and the best interests of the child. This decision reflects a juvenile justice paradigm that emphasizes educational and restorative approaches rather than mere punishment.
EFEKTIVITAS PENGATURAN PAJAK PENGHASILAN TERHADAP PERILAKU USAHA EKONOMI DIGITAL LINTAS NEGARA DI INDONESIA Edward Parulian Donald Tua Immanuel S; Sudarto
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 2 No. 1 (2025): Lex Omnibus : Jurnal Hukum Tata Negara Dan Administrasi Negara (Juni)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexomnibus.v2i1.283

Abstract

The rapid transformation of Indonesia’s digital economy has contributed significantly to national economic growth, yet it poses major challenges to the country’s taxation system, particularly in addressing cross-border digital transactions. Global digital companies such as Google, Facebook, and Netflix generate substantial income from the Indonesian market without establishing sufficient physical presence to be classified as a Permanent Establishment (PE) under conventional tax principles. In response, Indonesia introduced income tax and electronic transaction tax regulations through Government Regulation in Lieu of Law (PERPU) No. 1 of 2020. However, the implementation remains ineffective due to regulatory gaps, incompatibility with Double Taxation Avoidance Agreements (DTAAs), and the absence of detailed technical guidelines. This study employs a normative juridical method to assess the effectiveness of income tax regulation on cross-border digital economy activities, referencing OECD principles and Indonesia’s legislative drafting standards. The findings reveal that current tax policies do not fully meet the criteria of being enforceable and effective. Therefore, regulatory refinement is necessary to close tax avoidance loopholes and enhance the fiscal contribution of the digital sector.
ANALISIS YURIDIS PELAKSANAAN PENGADAAN BARANG DAN JASA PEMERINTAH BERDASARKAN PERATURAN PRESIDEN NO. 16 TAHUN 2018 TENTANG PENGADAAN BARANG DAN JASA PEMERINTAH SEBAGAIMANA TELAH DIUBAH DENGAN PERPRES NO. 12 TAHUN 2021 TENTANG PENGADAAN BARANG DAN JASA PEM Gintar Hasugian; Sujono
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 2 No. 1 (2025): Lex Omnibus : Jurnal Hukum Tata Negara Dan Administrasi Negara (Juni)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexomnibus.v2i1.284

Abstract

This study aims to analyze corruption in the implementation of government procurement of goods and services based on Presidential Regulation No. 16 of 2018 concerning Government Procurement of Goods and Services as amended by Presidential Regulation No. 12 of 2021. The method used is normative juridical with a regulatory and conceptual approach. The study outlines the provisions of Presidential Regulations 16/2018 and 12/2021, as well as the anti-corruption regulations in Law No. 31 of 1999 in conjunction with Law No. 20 of 2001, supported by studies of court decisions and the latest scientific literature. The results of the study indicate that although the second Presidential Regulation emphasizes the principles of transparency, accountability, and the use of an e-procurement system, corrupt practices—such as collusion in auction winners, specification manipulation, and price markups—remain rife. Weak internal oversight, overlapping authority, and lax administrative sanctions are driving factors for irregularities. In response, the study recommends: (1) strengthening the independence and capacity of procurement oversight bodies, (2) simplifying and real-time auditing of the e-procurement system, (3) sharpening administrative and criminal sanctions in the Presidential Decree, and (4) an integrity training program for procurement officials. Implementation of these recommendations is expected to increase the effectiveness of preventing and prosecuting corruption in government procurement of goods and services.
PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PEREDARAN NARKOTIKA Gusti I Nyoman Irgi Aditya; Rara Amalia Cendhayanie
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 2 No. 1 (2025): Lex Omnibus : Jurnal Hukum Tata Negara Dan Administrasi Negara (Juni)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexomnibus.v2i1.285

Abstract

The circulation of narcotics in Indonesia has experienced a significant increase. One of the most concerning phenomena is the involvement of children in the narcotics distribution chain, either as couriers or intermediaries. Children, who should be the subject of state protection, are instead being used as tools by narcotics networks that exploit structural weaknesses in the legal and social protection systems. This research was conducted using a normative juridical research method, namely by examining library materials or secondary data. The approaches used are the statute approach and the conceptual approach. The regulation of criminal liability for children in Indonesia is outlined in several laws and regulations, including the 1945 Constitution of the Republic of Indonesia, the Indonesian Criminal Code (KUHP), the 2023 Criminal Code, Law No. 11 of 2012 concerning the Juvenile Justice System, and Law No. 35 of 2014 concerning Child Protection. Legal protection for children involved in narcotics-related criminal acts must still ensure the fulfillment of their rights during sentencing, based on the principle of restorative justice. However, in practice, restorative justice through the implementation of diversion by police investigators, prosecutors, and the courts has not yet been fully optimized. The government and policymakers need to strengthen the implementation of restorative justice principles within the juvenile criminal justice system. It is essential for law enforcement agencies to actively advocate for the rights of children in conflict with the law, especially those involved in narcotics distribution networks.
PERAN PENGADILAN PAJAK DALAM MENYELESAIKAN SENGKETA PAJAK MELALUI MEDIA ELEKTRONIK BERDASARKAN PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 80 TAHUN 2019 Harsojono Sukmana; Rizky Karo Karo
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 2 No. 1 (2025): Lex Omnibus : Jurnal Hukum Tata Negara Dan Administrasi Negara (Juni)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexomnibus.v2i1.286

Abstract

Government Regulation Number 80 of 2019 concerning Tax Administration has brought a breath of fresh air in tax reform in Indonesia, especially in terms of resolving tax disputes. One of the significant innovations introduced is the use of information technology, where the Tax Court is increasingly playing an active role in resolving tax disputes through electronic media. Although the use of electronic media in resolving tax disputes has many benefits, such as time and cost efficiency, as well as increased accessibility, there are several problems that need to be considered, namely laws and regulations, even though there is Government Regulation Number 80 of 2019, more detailed implementing regulations are still needed to regulate various technical aspects of the implementation of hearings electronically. The method used as a reference by the researcher is the normative approach. The normative approach is an approach that involves the analysis of theories, concepts, legal principles, and laws and regulations (State Approach) contained in the main legal materials related to this research. In resolving disputes in trade through electronic systems in accordance with the role of the Tax Court in resolving tax disputes through electronic media, it is increasingly strategic in order to realize a fair, effective, and efficient tax system. With the support of adequate laws and regulations and joint efforts from all stakeholders, it is hoped that the resolution of tax disputes in Indonesia can run better.

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