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Verdict: Journal of Law Science
Published by CV Wahana Publikasi
ISSN : -     EISSN : 29853680     DOI : https://doi.org/10.59011/vjlaws
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Verdict: Journal of Law Science (E-ISSN: 2985-3680) is an open-access, anonymous peer-reviewed journal published by CV Wahana Publikasi. This journal publishes articles on all aspects of law, covering international, national, and local levels. It aims to provide a platform for researchers, academics, practitioners, students, teachers, judges, and administrators to publish original research articles or review articles, and offers opportunities for them to stay abreast of new ideas and advances in legal reform. The topics covered by this journal are diverse, including criminal law, civil law, commercial law, health law, environmental law, agrarian law, maritime law, international law, tax law, consumer protection law, medical law, spatial planning law, labor law, transportation law, mining law, energy law, administration, and legal justice. However, it is also open to interdisciplinary legal research. The journal warmly welcomes contributions from scholars in related disciplines, with a priority on new and current issues for publication. Verdict: Journal of Law Science is published twice a year.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 113 Documents
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Execution of Mortgage Objects in the Event of Non-Performing Loans Without Court Proceedings (Parate Executie) Lasmini Lasmini; Geni Sapriani
Verdict: Journal of Law Science Vol. 5 No. 2 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.2.2026.263-278

Abstract

This article aims to analyze the material nature of mortgage rights, the position of the first mortgage holder as a preferred creditor, and the procedural limits of parate executie in non-performing loan cases. Using normative legal research, the study applies statutory, conceptual, case-based, and prescriptive approaches to Indonesian guarantee law, banking law, civil law, auction rules, and selected court-related materials. The study finds that a mortgage is not merely an accessory promise attached to a credit agreement, but a registered material security right that follows the object, is publicized through land registration, and grants priority to the preferred creditor. Parate executie is legally justified because Article 6 of the Mortgage Law authorizes the first mortgage holder to sell the mortgage object through public auction when the debtor defaults. However, this authority must be exercised through a rule-bound auction process supported by valid default, proper notification, transparent valuation, accurate documents, and access to legal remedies. The article concludes that parate executie should remain available as an efficient enforcement instrument, but it must not become arbitrary private dispossession.
Perlindungan Hukum Preventif Terhadap Kejahatan Skimming dalam Layanan Anjungan Tunai Mandiri Andina Resty Eliza Andina; Rasina Padeni Nasution
Verdict: Journal of Law Science Vol. 5 No. 1 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.1.2026.190-205

Abstract

The development of information technology in the banking sector has facilitated financial transactions through Automated Teller Machine (ATM) services. However, these advancements have also increased the risk of cybercrime, particularly skimming, which involves the unauthorized acquisition of customers’ ATM card data for fraudulent purposes. This crime causes financial losses to customers and raises legal issues concerning consumer protection in banking services. This study aims to analyze the legal framework governing skimming crimes in Indonesia and examine banks’ legal obligations in implementing preventive legal protection. The research employs an empirical juridical method with a descriptive-analytical approach using statutory analysis and interviews with banking institutions. The findings show that the legal regulation of skimming is governed by the Electronic Information and Transactions Law, the Consumer Protection Law, the Banking Law, as well as regulations issued by Bank Indonesia and the Financial Services Authority. Banks are required to implement the prudential banking principle by strengthening technological security systems, monitoring ATM operations, applying fraud detection mechanisms, and providing customer education on cybercrime risks. Despite these preventive measures, challenges remain due to the increasingly sophisticated methods used by cybercriminals and the limited public awareness of cybersecurity. Therefore, strengthening banking security, regulatory supervision, and public legal awareness is essential to prevent skimming.
Analisis Pernyataan Badan Narkotika Nasional terhadap Efek Pembakaran Pemusnahan Barang Bukti Narkoba di Lingkungan Masyarakat Robinson Robinson; Sania Marla Febrina Br Pelawi; Yolanda Anastasya Sembiring
Verdict: Journal of Law Science Vol. 5 No. 2 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.2.2026.322-335

Abstract

This research analyzes the statements made by the Indonesian National Narcotics Agency regarding the safety of the burning destruction of narcotics evidence and its effects on public health. The issues examined include the safety of smoke produced from narcotics burning, the protection of public health and the right to public information, as well as the application of the precautionary principle and state responsibility in environmental protection. This research employs a descriptive analytical normative juridical method using statutory, conceptual, and case approaches. The findings show that statements claiming that the smoke produced from the burning process is safe to inhale are not supported by independent scientific studies or publicly accessible air quality test results. The burning of synthetic narcotics has the potential to produce hazardous substances such as carbon monoxide, dioxins, and furans that may endanger public health and the environment. This research also identifies a legal vacuum regarding emission control standards and public health protection in the process of burning narcotics evidence. Destruction practices conducted without independent risk assessments and without the involvement of health authorities indicate non-compliance with the precautionary principle and state responsibility. Therefore, specific regulations governing the technical standards for narcotics destruction are necessary to ensure the protection of public health and the environment.
Tradisi Mangalua sebagai Penghalang Warisan: Perspektif Hukum Keluarga Islam (Studi Kasus di Desa Sipaho Kecamatan Halongonan) Asnul Basri Harahap; Arifuddin Muda Harahap
Verdict: Journal of Law Science Vol. 5 No. 3 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.3.2026.576-587

Abstract

The mangalua tradition is a form of customary marriage conducted without completing all stages of the prevailing customary marriage process, generally due to the absence of parental consent or other obstacles to marriage. In Sipaho Village, Halongonan District, this practice frequently creates legal and social consequences regarding the implementation of inheritance rights. This study aims to examine how the mangalua tradition affects the implementation of inheritance distribution and to analyze the customary dispute resolution mechanisms that restore inheritance rights within the community. This research employs an empirical legal method with a qualitative approach. Data were collected through interviews with customary leaders, village officials, individuals involved in mangalua, heirs, and local community members, and were complemented by a review of customary law, statutory regulations, and Islamic family law. The data were analyzed using descriptive qualitative techniques. The findings demonstrate that the mangalua tradition is regarded as a violation of customary norms unless it is resolved through customary reconciliation mechanisms. As a consequence, inheritance distribution is often postponed, restricted, or temporarily withheld as a customary and social sanction. Nevertheless, inheritance rights are not permanently extinguished because family deliberation, the fulfillment of customary obligations, and reconciliation through customary institutions may restore family relationships and enable inheritance distribution. This study concludes that the mangalua tradition does not eliminate inheritance rights but delays their implementation until customary disputes are resolved, thereby emphasizing the importance of strengthening customary dispute resolution while maintaining harmony with the principles of Islamic family law.
Analisis Kepatuhan Investasi Aset Kripto terhadap Prinsip-Prinsip Hukum Ekonomi Syariah di Indonesia Abrada Ali Ismail Tarigan; Zulpahmi Lubis
Verdict: Journal of Law Science Vol. 5 No. 3 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.3.2026.588-604

Abstract

Crypto asset investment has become a prominent form of modern muamalah (social dealings) that is increasingly favored by the Indonesian public, particularly among the youth demographic aged 20–35. Within the world’s largest Muslim population, integrating investment activities with Sharia values has become an important issue for religious and financial institutions. This study aims to analyze the level of Sharia compliance in crypto asset investment and identify internal and external factors influencing it, particularly regarding transparency (shafāfiyyah), understanding of contracts (akad), and potential gharar (uncertainty) in digital transactions. This research employs a qualitative method with a juridical normative approach through literature study, examining scientific journals, books, DSN-MUI fatwas, and Bappebti regulations related to crypto asset trading in Indonesia. The findings show that Sharia compliance depends on the transparency of information, clarity of underlying assets, validity of akad, and investors’ understanding of transaction mechanisms. Although blockchain technology provides transparency and accountability, limited financial and Sharia literacy may still create gharar fi al-ma’lūm due to inadequate understanding of asset characteristics and contractual structures. External factors, including government regulations, institutional supervision, and religious guidance, also significantly influence the alignment of crypto investment practices with Sharia principles. This study concludes that crypto assets cannot be universally categorized as halal or haram but require case-by-case evaluation based on asset structure, transaction mechanisms, objectives, and socio-economic impacts. Strengthening regulation, literacy, and Sharia compliance mechanisms is essential to achieve maqāṣid al-syarī‘ah values, particularly justice (‘adl), protection of wealth (ḥifẓ al-māl), transparency, and maslahah.
Analisis Pertimbangan Hakim dalam Putusan Onslag van Alle Rechtsvervolging atas Dasar Noodweer Exces (Studi Kasus Putusan Nomor: 125/Pid.B/2025/PN Lbo) Tolhas J. F. Simanjuntak; Sonya Airini Batubara; Inez Lazuardi Karo Karo
Verdict: Journal of Law Science Vol. 5 No. 3 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.3.2026.563-575

Abstract

Indonesian criminal law adheres to the principle that punishment can only be imposed if the elements of a criminal act and the perpetrator's guilt are met. However, criminal law also recognizes a ground for exemption from punishment in the form of excessive self-defense (noodweer exces) as regulated in Article 49 paragraph (2) of KUHP. In criminal justice practice, noodweer exces is often used as the basis for imposing a verdict of onslag van alle rechtsvervolging. This research focuses on the judges' considerations in issuing the onslag van alle rechtsvervolging verdict based on noodweer exces, with a study on the Limboto District Court Decision Number 125/Pid.B/2025/PN Lbo. The problem formulation in this research is: How is the application of the noodweer exces provision as the basis for the onslag van alle rechtsvervolging decision in the practice of criminal justice in Indonesia? Second, how do judges consider the imposition of Onslag van Alle Rechtsvervolging based on excessive self-defense (Noodweer Exces) in the verdict? The study methodology utilized is normative legal investigation with a legislative, conceptual, and case approach. Legal materials were obtained thru library research and analysis of court decisions, and then qualitatively analyzed. The investigation findings show that the judge in Decision Number 125/Pid.B/2025/PN Lbo considered the existence of an unlawful attack, excessive self-defense, and severe emotional distress as a direct consequence of the attack. These considerations form the basis for the exoneration of the defendant, so that even tho the act was proven legally and convincingly, the defendant cannot be punished and is given a verdict of onslag van alle rechtsvervolging. Therefore, the decision reflects the application of noodweer exces as a mitigating reason in Indonesian criminal law.
Analisis Hukum terhadap Pelaku Kekerasan Seksual yang Dilakukan Anak Sebagai Pelaku terhadap Anak sebagai Korban (Studi Putusan Nomor: 18/Pid.Sus-Anak/2020/Pn. Sbs.) Dandy Leonardus Tarigan; Venia Utami Keliat
Verdict: Journal of Law Science Vol. 5 No. 2 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.2.2026.363-373

Abstract

Sexual violence involving children as both perpetrators and victims presents a complex legal issue because it requires balancing victim protection with the rehabilitation of child offenders. This study aims to examine the legal regulation of sanctions for sexual violence under Indonesian child protection law and to analyze the judicial reasoning in Decision Number 18/Pid.Sus-Anak/2020/PN.Sbs. The research employs a normative legal method using statutory and case approaches. Primary legal materials consist of legislation on child protection, the juvenile criminal justice system, the Criminal Code, and the selected court decision, supported by secondary and tertiary legal materials. Data were analyzed qualitatively through legal interpretation and deductive legal reasoning. The findings indicate that Indonesian law distinguishes sanctions for adult and juvenile offenders. Adult perpetrators are subject to imprisonment of five to fifteen years and fines of up to IDR 5 billion under the Child Protection Law. In contrast, juvenile offenders are sentenced under the Juvenile Criminal Justice System, which emphasizes restorative justice, rehabilitation, diversion, and reduced sentencing. In Decision Number 18/Pid.Sus-Anak/2020/PN.Sbs, the court found that all elements of the offense had been proven and imposed a sentence of ten months’ imprisonment and six months of vocational training after considering the offender’s age, the psychological impact on the victim, and the principles of justice, legal certainty, and child protection. The study concludes that judicial decisions involving juvenile sexual offenders should maintain a balance between accountability, victim protection, and the best interests of the child.
Analisis Hukum Wanprestasi dalam Perjanjian Pinjam Meminjam Uang di Kota Binjai (Studi Pn Binjai No: 61/Pdt.G/2022/PN Binjai) Lufti Andriansyah Sihaloho; Dianto Gunawan Tamba
Verdict: Journal of Law Science Vol. 5 No. 2 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.2.2026.386-404

Abstract

A loan agreement is a form of contractual obligation governed by the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata/KUHPerdata) and plays a significant role in civil legal relationships. In practice, the implementation of such agreements frequently gives rise to disputes due to breaches of contract, particularly when the debtor fails to fulfill the obligations stipulated in the agreement. This study aims to analyze the legal framework governing breaches of contract in loan agreements, examine the forms of civil liability imposed on defaulting debtors, and analyze the legal reasoning adopted by the judges in the Binjai District Court Decision Number 61/Pdt.G/2022/PN Binjai. This research employs a normative juridical method using statutory, case, and conceptual approaches. The research data were obtained through library research encompassing primary, secondary, and tertiary legal materials and were analyzed qualitatively using a deductive method. The findings reveal that the legal regulation of breaches of contract in loan agreements is primarily based on Articles 1238, 1243, 1244, and 1245 of the Indonesian Civil Code, all of whose elements were proven to have been fulfilled in the case under examination. The debtor's civil liability includes the obligation to repay the principal loan, pay the agreed interest, and compensate the creditor for actual losses incurred. Furthermore, the panel of judges rendered a default judgment (verstek) because the defendant failed to appear despite being duly summoned and granted the plaintiff's claims based on valid evidence, including the payment of accumulated interest amounting to IDR 3,816,000,000. This study concludes that the application of breach of contract provisions under the Indonesian Civil Code serves to ensure legal certainty, justice, legal protection, and a balance of rights and obligations between the parties in the implementation of loan agreements.
Perlindungan Hukum Debitur dalam Perjanjian Pinjaman Online dan Efektivitas Mekanisme Penagihan Hamzah Rizky Fadhillah Saragih; Suhaila Zulkifli; Tajuddin Noor
Verdict: Journal of Law Science Vol. 5 No. 3 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.3.2026.461-476

Abstract

This study aims to identify legal gaps in Indonesia’s regulatory framework for debtor protection in online lending services, evaluate the effectiveness of debt collection mechanisms implemented by fintech lending providers, and formulate legal solutions to strengthen protection against abusive collection practices. This research employs a normative legal method with a qualitative approach by examining statutory regulations, legal doctrines, and relevant literature, particularly the Financial Services Authority Regulation (POJK) Number 10/POJK.05/2022, the Consumer Protection Law, and Law Number 27 of 2022 on Personal Data Protection. The findings reveal that Indonesia has established preventive protection through transparency and consumer information disclosure, as well as repressive protection through complaint and dispute resolution mechanisms, including the Financial Services Authority Consumer Protection Application (APPK) and the Financial Services Sector Alternative Dispute Resolution Institution (LAPS SJK). However, implementation remains ineffective due to legal gaps, including the absence of detailed technical standards for ethical debt collection, weak supervision of third-party debt collectors, inadequate victim recovery mechanisms, and administrative sanctions with limited deterrent effects. Violations such as intimidation, unauthorized disclosure of personal data, harassment of emergency contacts, and the use of false legal documents persist. Comparative analysis with Singapore, the United States, and the European Union indicates that Indonesia primarily requires stronger implementation and enforcement rather than additional legislation. Accordingly, this study recommends regulatory harmonization, stronger supervision, standardized debt collection guidelines, and improved legal and digital literacy to strengthen sustainable debtor protection.
Dampak Media Sosial terhadap Penegakan Hukum di Indonesia pada Era Revolusi Industri 4.0 Sukses Marhasak Panungkunan Siburian; Melia Putri Tanisha; Theresia Titania Lai; Suhaila Zulkifli
Verdict: Journal of Law Science Vol. 5 No. 3 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.3.2026.494-509

Abstract

The rapid development of social media in the era of the Fourth Industrial Revolution has transformed public communication and significantly influenced the effectiveness of law enforcement in Indonesia. This study aims to analyze the adequacy of the existing legal framework governing social media use and examine its influence on law enforcement effectiveness. This research employs a normative legal method using statutory, conceptual, and analytical approaches through a literature review of legislation, legal doctrines, scholarly publications, and supporting data from the Central Statistics Agency (BPS) and the National Criminal Information Center (Pusiknas) of the Indonesian National Police. The findings reveal that social media positively contributes to law enforcement by enhancing transparency, accountability, public participation, crime reporting, and the use of digital evidence. However, it also presents challenges, including the rise of cybercrime, the no viral, no justice phenomenon, and trial by social media, which may undermine the independence of law enforcement officials and the application of the due process of law principle. Indonesia has established a legal framework through the Electronic Information and Transactions Law, the Personal Data Protection Law, and the new Criminal Code. Nevertheless, their implementation remains constrained by ambiguous provisions, limited harmonization among regulations, and the need to keep pace with rapid technological developments. Therefore, more adaptive legal reforms, stronger institutional capacity, and improved public digital literacy are necessary to ensure that law enforcement in the era of the Fourth Industrial Revolution remains effective, impartial, and capable of providing legal certainty.

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