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Adagium: Jurnal Ilmiah Hukum
Published by PT. Meja Ilmiah Publikasi
ISSN : -     EISSN : 29855128     DOI : https://doi.org/10.70308/adagium.v2i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Adagium: Jurnal Ilmiah Hukum adalah jurnal ilmiah berkala yang diterbitkan oleh PT Meja Ilmiah Publikasi (Jurnal ini secara khusus mengkaji ilmu hukum serta mampu menyajikan berbagai hasil penelitian ilmiah terkini dan terkemuka. Administrator jurnal menerima artikel yang dapat memberikan kontribusi untuk pengembangan hukum dan lingkungan hidup dari para ilmuwan, akademis, dan para penulis dan peneliti profesional. Jurnal ini berisi hasil-hasil penelitian, resume tokoh-tokoh terkenal ataupun ulasan yang bersifat inovatif dan solutif di bidang hukum. Artikel jurnal ini diterbitkan dua kali setahun yaitu Januari dan Juli.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 103 Documents
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Implementation of Alternative Dispute Resolution Mechanisms in the Settlement of Labor Disputes in Indonesia Febri Jaya; Pelangi; Ampuan Situmeang
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/12j74f59

Abstract

This study aims to analyze the effectiveness of alternative methods in resolving labor disputes between employees and employers. The issue addressed is the continued dominance of litigation, which tends to be time-consuming, costly, and less likely to produce mutually beneficial solutions. Therefore, this research focuses on Alternative Dispute Resolution (ADR) methods, such as mediation, conciliation, and arbitration, as more effective and equitable mechanisms for dispute settlement. The research employs a normative juridical approach with qualitative analysis, utilizing secondary data in the form of laws and regulations, legal literature, and previous studies relevant to labor dispute resolution. The analysis is conducted descriptively and analytically to examine the effectiveness and implementation of ADR in Indonesia. The findings indicate that ADR methods, particularly mediation, play an important role in resolving labor disputes more quickly, flexibly, and in a manner that promotes mutually beneficial outcomes. However, their effectiveness still faces several challenges, including limited mediator competence, lack of understanding among the parties, and certain regulatory obstacles. In conclusion, ADR constitutes an important instrument for resolving labor disputes outside the court system; however, it requires stronger regulatory support, enhanced mediator capacity, and broader public awareness among the parties in order to ensure optimal legal certainty and justice.
Corporate Criminal Liability for Environmental Harm after the New Indonesian Criminal Code: Harmonizing Attribution, Organizational Fault, and Sanctions Mohammad Arqon; Ririn Kemas Putri HS; Shabina Zulfisri Rekmya
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/rv1ptg07

Abstract

The entry into force of Law Number 1 of 2023 on the Indonesian Criminal Code on 2 January 2026 places corporate criminal liability within the general architecture of national criminal law alongside pre-existing sectoral provisions. This article examines the relationship among the Criminal Code, the Criminal Adjustment Law, Articles 116-119 of the Environmental Law, and Supreme Court Regulation No. 13 of 2016. The juridical analysis separates attribution of conduct, organizational fault, individual responsibility, the relevance of administrative permits, and sanction calibration. The study argues that the Environmental Law remains a sectoral basis that must be read together with the Criminal Code's general corporate rules without converting every employee violation into corporate fault. A three-stage model conduct attribution, organizational fault, and sanction calibration is proposed as a reasoning framework that still requires proof of the underlying offence. Fines, disgorgement, restoration, compliance reform, and activity restrictions must be tied to their respective legal bases, institutional competences, and proportionality safeguards.
The Gap Between Das Sollen and Das Sein in The Implementation of Rehabilitation for Perpetrators of Sexual Violence Fadli Yasser Arafat Juanda; Azriel Pualillin
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/7b5j9k61

Abstract

This article asks whether the discretionary rehabilitation measure for perpetrators of sexual violence under Article 17 of Indonesia’s Law Number 12 of 2022 on Sexual Violence Crimes (the TPKS Law) satisfies the doctrinal elements of an enforceable double-track sanction; if not, whether the resulting gap stems from the norm’s design or institutional capacity. Using a normative juridical method (statutory, case, and conceptual approaches on primary, secondary, and tertiary materials, without field data), the article develops a four-element doctrinal test, measure type, triggering criteria, implementing authority, and enforcement consequence, and then applies Soerjono Soekanto’s five-factor test of legal effectiveness to explain the gap. Article 17 satisfies only one element in full; the other three are absent or partial, a design defect compounded by delayed implementing regulations, national prison overcrowding of 86 to 89 percent, and the absence of a ready executor under an adjacent regime. Unlike prior studies, which describe the gap only in general terms, this article isolates Article 17 from the adjacent chemical castration regime under Government Regulation 70/2020 and supplies a testable doctrinal standard and explanatory framework, informed by a comparable implementation case from Uruguay. The resulting reform proposal, a rebuttable presumption bounded by proportionality safeguards, follows directly from the doctrinal finding and is conditioned on preserving judicial discretion and the victim-centered protections the TPKS Law already secures.
A Normative Legal Analysis of the Effectiveness of Law Enforcement in Securing National Vital Objects in Ambon City Jzeron Luy Manawan; Yanti Amelia Lewerissa; Juliannus E Latupeirissa
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/3ctd1a42

Abstract

This article examines law-enforcement effectiveness in securing National Vital Objects in Ambon City through allocation of institutional responsibility, risk-based security, operational capacity, and the limits of drawing empirical effectiveness conclusions from normative legal research. It uses normative legal research and a structured analysis of applicable legal materials, supported by comparative and interdisciplinary scholarship where relevant. The revised analysis distinguishes legal design from empirical claims and identifies the principal regulatory or institutional gap. The study finds that existing law provides important but fragmented safeguards and that legal certainty depends on clearer decision criteria, procedural accountability, and proportionate remedies. It proposes an operational framework that specifies legal thresholds, institutional responsibilities, safeguards, and review mechanisms. The article contributes a more explicit research gap, a reproducible doctrinal method, and a policy model calibrated to legality, proportionality, accountability, and rights protection.
Sentencing Narcotics Users through Integrated Assessment Based Rehabilitative Diversion after the National Criminal Code and the Criminal Provisions Adjustment Law Panji Bangun Indriyanto
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/xvkbb205

Abstract

This article examines integrated-assessment-based rehabilitative diversion for narcotics users through proportional sentencing, differentiation of personal users from traffickers, recovery-oriented sanctions, and safeguards against misuse of diversion. It uses normative legal research and a structured analysis of applicable legal materials, supported by comparative and interdisciplinary scholarship where relevant. The revised analysis distinguishes legal design from empirical claims and identifies the principal regulatory or institutional gap. The study finds that existing law provides important but fragmented safeguards and that legal certainty depends on clearer decision criteria, procedural accountability, and proportionate remedies. It proposes an operational framework that specifies legal thresholds, institutional responsibilities, safeguards, and review mechanisms. The article contributes a more explicit research gap, a reproducible doctrinal method, and a policy model calibrated to legality, proportionality, accountability, and rights protection.
Legal Protection for Merchants against Automated Marketplace Decisions Reducing Rankings and Restricting Accounts Luthfiana Livia Happy
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/jmxfa253

Abstract

This article examines automated marketplace decisions that reduce product rankings or restrict merchant accounts through procedural fairness, explainability, human review, and legal remedies for merchants affected by automated platform governance. It uses normative legal research and a structured analysis of applicable legal materials, supported by comparative and interdisciplinary scholarship where relevant. The revised analysis distinguishes legal design from empirical claims and identifies the principal regulatory or institutional gap. The study finds that existing law provides important but fragmented safeguards and that legal certainty depends on clearer decision criteria, procedural accountability, and proportionate remedies. It proposes an operational framework that specifies legal thresholds, institutional responsibilities, safeguards, and review mechanisms. The article contributes a more explicit research gap, a reproducible doctrinal method, and a policy model calibrated to legality, proportionality, accountability, and rights protection.
Legal Certainty on the Transparency of Paid Product Rankings on Marketplace Platforms from the Perspective of Consumer Protection in Indonesia Agung Muhamad
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/74kzs074

Abstract

This article examines transparency of paid product rankings on marketplace platforms through legal certainty, consumer decision-making, ranking transparency, and the boundary between commercial disclosure and protection of platform trade secrets. It uses normative legal research and a structured analysis of applicable legal materials, supported by comparative and interdisciplinary scholarship where relevant. The revised analysis distinguishes legal design from empirical claims and identifies the principal regulatory or institutional gap. The study finds that existing law provides important but fragmented safeguards and that legal certainty depends on clearer decision criteria, procedural accountability, and proportionate remedies. It proposes an operational framework that specifies legal thresholds, institutional responsibilities, safeguards, and review mechanisms. The article contributes a more explicit research gap, a reproducible doctrinal method, and a policy model calibrated to legality, proportionality, accountability, and rights protection.
Prohibiting Political Deepfakes in Election Campaigns Based on the Principles of Honest and Fair Elections Fahmi Nur Wicaksono
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/1v01nw72

Abstract

This article examines the need to prohibit manipulative political deepfakes in Indonesian election campaigns and formulates a regulatory model aligned with the principles of honest and fair elections. This normative legal research uses statutory, conceptual, and case approaches to analyze existing regulatory gaps. The results indicate that current legal instruments, such as the Election Law, the Electronic Information and Transactions (ITE) Law, and electoral management body regulations, remain partial. These regulations lack specific operational mechanisms to address artificial intelligence (AI)-based identity manipulation that significantly threatens electoral integrity and voter autonomy. As an implication and answer to these issues, this study proposes a more proportionate legal framework. The proposed model includes a specific prohibition on political identity falsification, mandatory AI content labeling, rapid clarification and content removal mechanisms, and institutional coordination guidelines among the KPU, Bawaslu, Kominfo, and digital platforms. The implementation of this model strengthens legal certainty in responding to digital disinformation in a measured manner, ensuring that the purity of voter intent remains protected without suppressing freedom of expression, such as legitimate satire.
Freedom of Expression and Electronic Defamation on Social Media: A Juridical Analysis of the Haris Azhar and Fatia Maulidiyanti Decisions Melianus Albert Tobing; Miftakhul Huda; Moh Saleh
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/yyvvb907

Abstract

The expansion of social media as a forum for public criticism has intensified the legal tension between freedom of expression and protection of reputation in Indonesia. This study analyses the acquittals of Haris Azhar and Fatia Maulidiyanti by the East Jakarta District Court, the subsequent rejection of the prosecutor's cassation by the Supreme Court, and the relevance of recent changes to Indonesia's electronic information law. The study applies normative juridical research using statutory, case, conceptual, and comparative approaches. Primary legal materials include the 1945 Constitution, Law Number 19 of 2016, Law Number 1 of 2024, the district court and Supreme Court decisions, and Constitutional Court Decision Number 105/PUU-XXII/2024. Secondary materials include Indonesian legal scholarship and five recent Elsevier journal articles on digital speech, platform governance, content moderation, and chilling effects. The analysis finds that the judicial reasoning draws a legally significant distinction between criticism directed at public policy or public office and attacks on personal honour. The Supreme Court's cassation ruling strengthens that distinction as persuasive jurisprudence, although Indonesia does not apply stare decisis. The 2024 statutory amendment and the Constitutional Court's 2025 interpretation further narrow the legitimate reach of electronic defamation law. The study argues that restrictions on online expression should focus on demonstrable attacks on individual reputation and should not convert research-based public-interest criticism into criminal defamation. This approach provides a more coherent balance between constitutional expression, reputation, legal certainty, and democratic oversight.
Legal Protection of Crypto Assets in Indonesia: A Comparative Analysis of the United States, Japan, and Singapore and Implications for Private Law Umi Mustika; Indah Lestari; Budi Prastowo
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/mya1j462

Abstract

Advances in blockchain technology have given rise to various forms of digital assets, including crypto assets and tokenized assets representing particular rights and economic interests, thereby creating new challenges for Indonesia's civil-law system. This study examines whether Indonesian civil-law constructs can accommodate crypto-asset developments by comparing regulatory approaches in several jurisdictions. It employs normative legal research using statutory and conceptual approaches, supported by an analysis of legislation, doctrine, and legal literature. The findings show that the United States, Japan, and Singapore apply regulatory approaches based on the functions and economic characteristics of crypto assets, whereas Indonesia continues to regulate them only partially through Bappebti regulations and Law Number 4 of 2023 on Financial Sector Development and Strengthening, which focus on financial-sector supervision. Although Article 499 of the Indonesian Civil Code permits tokenized assets to be classified as intangible property, legal certainty is still lacking regarding their civil-law status, mechanisms for transferring rights, inheritance, and the protection of property rights. Accordingly, legislation at the level of an Act is needed to integrate civil law, financial-sector regulation, and the legal regimes governing underlying assets, thereby ensuring legal certainty while supporting digital-asset innovation in Indonesia.

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