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Referendum
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30630517     EISSN : 30631203     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
jurnal interdisipliner yang menggabungkan kontribusi dari bidang hukum, administrasi publik, dan ilmu komunikasi. Jurnal ini menyajikan artikel-artikel yang menyoroti berbagai aspek hukum, termasuk tetapi tidak terbatas pada isu-isu konstitusi, perundang-undangan, yudisial, administrasi publik, serta teori-teori komunikasi yang terkait dengan sistem hukum dan administrasi publik.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 91 Documents
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Perlindungan Hukum terhadap Korban Tindak Pidana Perdagangan Orang : Studi Kasus di Polrestabes Surabaya Okta Rifo Fauziyah; Yana Indawati
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 3 (2025): September : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v2i3.1083

Abstract

Human trafficking is a highly complex form of transnational crime involving transnational criminal networks. This crime generally originates from developing countries with unstable socio-economic conditions, where women and children are often the primary victims. They are forced or tricked into working in exploitative sectors, particularly sexual exploitation, labor exploitation, and other forms of oppression that benefit agents, distributors, and organized crime syndicates. In Indonesia, regulations regarding this crime are stipulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. This study aims to determine the form of legal protection provided to victims of human trafficking in the jurisdiction of the Surabaya Police, as well as to understand the various obstacles faced by police officers and the efforts made to overcome them. The research method used is empirical juridical, namely examining the law in practice through primary data obtained from interviews, observations, and official documents, then combined with secondary data in the form of legal literature, laws and regulations, and tertiary legal materials to support the analysis. This study found that the Surabaya City Police have implemented legal protection measures for victims of human trafficking in accordance with applicable regulations, from handling reports and conducting investigations and inquiries, to coordinating with relevant agencies such as social services, women's and children's protection agencies, and non-governmental organizations. However, several obstacles remain, including limited police resources, low victim awareness of reporting cases, and threats from perpetrators that discourage victims from cooperating. Despite this, maximum efforts continue to be made through improved inter-agency coordination, legal and psychological assistance for victims, and firm law enforcement against perpetrators. Therefore, it can be concluded that legal protection for victims of human trafficking at the Surabaya City Police has been quite effective, although institutional strengthening and increased public legal awareness are still needed.
Tanggung Jawab LPSK dalam Pelaksanaan Restitusi Korban Kekerasan Seksual oleh Pelaku yang Tidak Mampu atau Terpidana Mati Dea Prida Oktavia; Rini Apriyani; Agustina Wati
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 3 (2025): September : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v2i3.1127

Abstract

This study aims to analyze the responsibilities of the Witness and Victim Protection Agency (LPSK) and the state in implementing restitution for victims of sexual violence, particularly when the perpetrators are unable to pay or are sentenced to death. The background of this research lies in the weak implementation of restitution, which should be a fundamental right of victims, as illustrated by the case of Herry Wirawan based on the Bandung High Court Decision Number 86/Pid.Sus/2022/PT Bdg. The research addresses two main problems: (1) how the state and LPSK ensure the victims’ rights to restitution under such circumstances, and (2) what obstacles hinder the implementation of restitution based on the decision. The study employs a normative juridical method with a statutory and case study approach. The findings show that the implementation of restitution still faces serious obstacles, such as the absence of technical mechanisms, the lack of designated executing institutions, and the lack of coordination among law enforcement agencies. LPSK plays a role in proposing and calculating restitution amounts but lacks execution authority. Moreover, the state has not yet fulfilled its role as the ultimate guarantor for victims when the perpetrator is unable to comply. In conclusion, Indonesia’s legal system needs to strengthen technical regulations, ensure inter-agency coordination, and affirm the state's role as a guarantor of restitution to achieve meaningful restorative justice for victims of sexual violence
Konstruksi Hukum Pidana terhadap Tindak Pidana Plagiarisme Karya Tulis Muhammad Maulani; Rini Apriyani; Ine Ventyrina
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 3 (2025): September : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v2i3.1128

Abstract

Plagiarism in scientific writing is a serious violation that not only harms the original creator but also undermines academic integrity, the development of scientific knowledge, and the credibility of educational institutions. This research aims to analyze the regulation of plagiarism acts based on the laws and regulations in Indonesia, as well as to build a firmer criminal law construction against acts of plagiarism within academic settings. This study employs a normative juridical method with a doctrinal approach, examining relevant laws and legal theories. The findings indicate that although plagiarism has been regulated in several legal instruments such as the Indonesian Penal Code (KUHP), Law Number 28 of 2014 on Copyright, Law Number 20 of 2003 on the National Education System, and the Regulation of the Minister of National Education Number 17 of 2010, the existing regulations tend to be administrative in nature and have not provided a sufficient deterrent effect. Therefore, a more comprehensive and implementable criminal law construction is needed to ensure the protection of scientific works and legal certainty in the enforcement of criminal sanctions against perpetrators of plagiarism. In addition, preventive efforts through academic ethics education, the implementation of plagiarism detection systems, and the strengthening of internal policies within universities are also important steps that must be optimized.
Batasan Tanggung Jawab Hukum Pengelola Jasa Parkir: Studi Putusan Mahkamah Agung Nomor 2157 K/Pdt/2010 Rahmad Tullah; Purwanto Purwanto; Setiyo Utomo
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 3 (2025): September : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v2i3.1135

Abstract

This research is directed to answer two main problems: the form of liability imposed on parking service providers toward consumers, and how the Supreme Court decision reflects (or diverges from) legal justice and proportionality. The study aims to examine the legal liability approach adopted in the Supreme Court Decision Number 2157/K/Pdt/2010 and to formulate an ideal concept of a fair and proportional limitation of liability for parking service operators. In the aforementioned decision, the Supreme Court held the parking operator liable for the loss of a consumer’s vehicle, even though a disclaimer clause had been clearly printed on the parking ticket. This ruling raised controversy, as it seemed to overlook the fact that the operator had fulfilled their duties to a reasonable and professional standard. The substance of parking as an object of regional tax was disregarded in the judicial consideration, which focused solely on consumer protection law. This has led to an interpretation that imposes an almost unlimited liability on the service provider. This study employs doctrinal legal research, supported by conceptual approaches in parking regulation and legal case analysis. The method used is normative legal research (doctrinal) with statutory, conceptual (regarding lease and deposit agreements), and judicial approaches. The findings indicate that parking service providers should not be subjected to absolute liability. Instead, the assessment of liability must take into account the principles of justice, proportionality, and contributory negligence. Hence, there is a need for a clear formulation of liability limitations that not only safeguard consumer rights but also consider the reasonable obligations of business actors, particularly within the context of regional tax regulations related to parking.
Implementasi Undang-Undang No. 35 Tahun 2009 tentang Narkotika dalam Mencegah Penyalahgunaan Narkotika oleh Kalangan Mahasiswa di Provinsi Lampung : Studi Polda Lampung Boby Pratama Jaya; Firganefi Firganefi; Dona Raisa Monica; Eko Raharjo; Refi Meidiantama
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 3 (2025): September : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v2i3.1163

Abstract

Drug abuse among university students is a serious phenomenon that affects the social, moral, and intellectual aspects of the younger generation. Students, who are ideally positioned as agents of change and drivers of national development, are often found to be vulnerable to drug abuse. This study aims to analyze the implementation of Law No. 35 of 2009 on Narcotics in preventing drug abuse among university students in Lampung Province, as well as to identify its inhibiting factors. The research employs a normative juridical and empirical juridical approach, using primary and secondary data obtained through interviews, field studies, and literature reviews. Key informants include the Narcotics Directorate of the Lampung Regional Police, P4GN Unila, the Vice-Rector III for Student Affairs and Alumni at Unila, and lecturers from the Criminal Law Department at Unila. The findings show that the Lampung Regional Police have implemented preventive strategies such as counseling, campaigns, urine tests, and drug abuse education on campuses, as well as repressive strategies through law enforcement against students involved in narcotics distribution, with 283 recorded cases over the past five years. However, the effectiveness of implementation is still hindered by limited campus facilities (counseling centers, safe reporting systems), the lack of regulatory responsiveness to digital challenges, and low student trust in law enforcement. Therefore, prevention efforts need to be strengthened through cross-sectoral synergy, policy updates, and the enhancement of the role of universities in creating a safe, healthy, and drug-free campus environment.
Perlindungan Hukum Anak Korban Tindak Pidana Eksploitasi Seksual dalam Perspektif Kepastian Hukum Firda Yunita Dewi; Y.A Triana Ohoiwutun; Ainul Azizah
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 2 (2025): Juni : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v2i2.631

Abstract

The cases of child sexual exploitation continue to rise in Indonesia. However, the legal system has yet to provide legal certainty for children as victims. This study aims to examine the positive legal framework regarding the protection of child victims of sexual exploitation, assess its implementation in providing legal certainty, and offer an ideal concept of legal protection for the future. The method used is normative juridical with statutory, case, and conceptual approaches. The results show that although legal instruments such as the Child Protection Law, the Sexual Violence Crime Law, and regulations related to restitution are in place, their implementation remains ineffective. Restitution rights are often not pursued due to victims’ lack of awareness and weaknesses in the legal system. This study recommends that restitution be granted automatically and that the role of law enforcement be strengthened to ensure the protection of children's rights.
Reimajinasi Sistem Pembuktian: Apakah Era Post-Faktual Membutuhkan Standar Baru dalam Hukum Acara Pidana? Zul Khaidir Kadir
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 2 (2025): Juni : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v2i2.666

Abstract

The post-factual era has shifted the position of legal facts from objective entities to part of narrative contestations shaped by digital disinformation, algorithmic media, and unverified public perception. Unfortunately, this has given rise to epistemic dislocation in the judicial process, where evidence loses its objective quality, legal decisions are distorted by collective emotional pressure and erode the credibility of the law as a guarantor of substantive and procedural justice. This research is a normative research using a conceptual approach. The data collection method was collected using library research, then analyzed using qualitative methods and presented descriptively. The results of the study show that the development of disinformation, emotional narratives, and manipulative digital evidence have shown a structural inconsistency between conventional evidentiary standards and the complexity of 21st-century legal realities, threatening the validity of evidence, the autonomy of judicial institutions, and the principle of due process in the criminal system. Therefore, it is necessary to reconstruct the evidentiary system through the integration of verification technology, cross-disciplinary collaborative approaches, and investment in digital literacy, to ensure that the law continues to function as a rational and fair instrument in an increasingly unstable information landscape.
Kajian Komprehensif terhadap Persamaan dan Perbedaan Ketentuan Tindak Pidana Penggelapan dalam KUHP Lama 1946 dan KUHP Baru 2023 Thessa Lonians Marghareta Tentua; Divanny Elisabeth Oktavia Panjaitan; Irma Dwiyanti; Taun Taun
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 2 (2025): Juni : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v2i2.698

Abstract

The development of society and the increasing complexity of legal relations necessitate the reform of the national criminal law system. This research is motivated by the need to examine the relevance and responsiveness of provisions governing the criminal act of embezzlement in the 1946 Indonesian Criminal Code (Old KUHP) and the 2023 Indonesian Criminal Code (New KUHP). The aim of this study is to analyze the substantive similarities and differences between the two codifications of criminal law, and to assess the extent to which the New KUHP addresses the challenges of modern legal systems. This study employs a normative juridical method using a comparative approach to relevant legislation. The findings reveal that, while both codes share fundamental elements of embezzlement and similar sentencing structures, the 2023 KUHP adopts a more progressive approach. Key reforms include the expansion of legal subjects to include corporations, the adjustment of value thresholds for minor embezzlement, the implementation of more flexible sanctions such as fines, and the strengthening of restorative justice principles. The implications of these findings indicate that the 2023 KUHP is more adaptive to socio-economic dynamics and the needs of a modern criminal justice system. Accordingly, the New KUHP offers a more relevant and contextual legal framework, particularly in addressing embezzlement offenses.
Studi Komparatif Hukum Kepemilikan Tanah Antara Indonesia dan Malaysia Handar Subhandi Bakhtiar; Atik Winanti; Pradipta Prihantono
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 2 (2025): Juni : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v2i2.725

Abstract

Land Ownership in Indonesia, is regulated in Article 5 of the Basic Agrarian Law (UUPA) No. 5 of 1960. UUPA regulates various types of land rights in Indonesia, such as ownership rights, lease rights, use rights, and business use rights. This regulation aims to distribute natural resources, ensure legal certainty over land, and protect the rights of communities affected by land use policies. Meanwhile, Malaysia has a land ownership legal system influenced by British law due to its colonial period. In this context, land law in Malaysia is regulated by various laws, including the National Land Code (NLC) 1965, which regulates land rights, land registration, and land-related rights. In Malaysia, land is divided into several categories of rights, such as freehold and leasehold. The land registration system in Malaysia is more centralized, and land regulations are also implemented through state institutions. Unlike Indonesia, which prioritizes customary rights in land management, Malaysia tends to prioritize national land regulation and administration through a more modern and structured system.
Tinjauan Yuridis terhadap Penyelesaian Sengketa Merek Internasional antara Industri Berbeda Tasya Darosyifa; Ligina Tesalonika; Ariel Lois; Angel Evelyn; Aditama Candra Kusuma; Irwan Triadi; Iwan Erar Joesoef
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 2 (2025): Juni : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v2i2.727

Abstract

International trademark infringement poses a complex challenge for brand owners due to jurisdictional variations and differing legal systems across countries. This study examines available legal remedies, ranging from non-litigation dispute resolution mechanisms such as Alternative Dispute Resolution (ADR) - encompassing negotiation, mediation, and arbitration - to formal litigation in national courts. ADR offers advantages in time efficiency, cost-effectiveness, and confidentiality, while litigation provides legal certainty through binding court decisions such as injunctions and damages awards. Preventive strategies including international trademark registration through the Madrid System and cooperation with customs authorities serve as crucial proactive protection measures. Furthermore, this research analyzes judicial considerations in cross-industry trademark disputes, including assessment of trademark similarity (visual, phonetic, conceptual), reputation of well-known marks, bad faith of infringers, and potential consumer confusion. Case studies such as Louis Vuitton vs. Louis Vuitton Dak and Zara Food vs. Zara Fashion demonstrate judicial application of the likelihood of confusion principle and anti-dilution doctrine even across different industries. The research employs normative legal methodology with statutory and secondary document analysis approaches. Findings confirm that legal strategy selection must consider infringement scale, jurisdiction, and business objectives, while international trademark protection requires integration of proactive registration, legal enforcement, and comprehensive understanding of global market dynamics.

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