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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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Analisis Yuridis terhadap Tindak Pidana Kekerasan Seksual terhadap Penyandang Disabilitas (Studi Putusan Nomor 1245/Pid.B/2023/PN Mdn) Anastasia Anjali Tanjung; Iin Hot Prinauli Purba
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.5.2.2026.348-362

Abstract

Sexual violence against persons with disabilities constitutes a serious violation of human rights because victims are particularly vulnerable and often face barriers in accessing justice and legal protection. This study aims to analyze the legal regulation of sexual violence against persons with disabilities in Indonesian legislation and to examine the implementation of Decision Number 1245/Pid.B/2023/PN Mdn in providing legal protection for victims with disabilities. This research employs normative legal research using statutory and case approaches. Primary, secondary, and tertiary legal materials were collected through library research and analyzed qualitatively through legal interpretation. The findings indicate that legal protection is regulated under the Indonesian Criminal Code, Law Number 8 of 2016 concerning Persons with Disabilities, Law Number 12 of 2022 concerning Sexual Violence Crimes, and Law Number 31 of 2014 concerning the Protection of Witnesses and Victims. However, the Criminal Code remains general in nature and does not specifically address the protection of persons with disabilities. In contrast, the subsequent laws provide more comprehensive protection through accessibility, legal assistance, victim protection, rehabilitation, restitution, and recovery. In Decision Number 1245/Pid.B/2023/PN Mdn, the court recognized the victim's intellectual disability as an aggravating circumstance and convicted the offender under Law Number 12 of 2022. Nevertheless, the judgment did not explicitly provide restitution or comprehensive rehabilitation for the victim. The study concludes that Indonesia's legal framework has become more progressive, but its implementation still requires stronger victim-oriented and restorative protection.
Batas Kewenangan Ahli Madya Optometri dan Perawat Kesehatan Mata Paska Berlakunya Undang Undang Kesehatan Nomor 17 Tahun 2023 YV Agung Riono; James Davidta Ginting
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.5.3.2026.447-460

Abstract

The enactment of Indonesia’s Health Law No. 17 of 2023 has fundamentally restructured the legal framework governing health professionals, including optometrists and ophthalmic nurses. However, the transition from sectoral legislation to this omnibus law has created normative ambiguities regarding the distribution of professional authority. This study aims to analyze normative conflicts and legal gaps concerning the classification and scope of practice of optometrists and ophthalmic nurses under the Health Law No. 17/2023, the National Education System Law No. 20/2003, the Higher Education Law No. 12/2012, and the Civil Service Law No. 20/2023, while proposing regulatory harmonization. This study employs a normative juridical method using statutory, conceptual, and comparative approaches. Relevant legislation, implementing regulations, and Scopus-indexed journals (2020–2025) were analyzed through systematic legal interpretation. The findings reveal three major normative conflicts: the inconsistency between educational qualifications and professional competencies of optometrists; overlapping authority regarding refractive examinations and job classifications of ophthalmic nurses; and conflicting competency standards established by the Ministries of Health and Education. The study also identifies legal gaps concerning specialist nursing practice, independent practice regulations for allied health professionals, and collaborative protocols in primary eye care. These issues require regulatory harmonization through coordinated ministerial regulations, implementing guidelines, and standardized collaborative protocols to ensure legal certainty, improve service efficiency, and strengthen patient safety within Indonesia’s eye care system.
Penegakan Hukum atas Kejahatan Siber Bermodus Pesan Whatsapp dalam Sektor Perbankan I Gede Krisna Dana Yasa; Johannes Ibrahim Kosasih; I Made Aditya Mantara Putra
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.5.2.2026.374-385

Abstract

The rapid advancement of digital information and communication technology has significantly transformed banking services by enabling customers to conduct financial transactions through electronic platforms with greater efficiency, accessibility, and convenience. Despite these benefits, technological developments have also created opportunities for cybercrime, particularly through the misuse of WhatsApp as a medium for fraudulent activities targeting banking customers. This phenomenon raises important legal issues concerning the regulatory framework governing digital communication via WhatsApp and the effectiveness of law enforcement mechanisms in addressing cybercrime that results in financial losses for banking customers. Accordingly, this study examines two principal issues: (1) the legal regulation governing the use of WhatsApp digital messaging in relation to cybercrime within the banking sector; and (2) the implementation of law enforcement against perpetrators of WhatsApp-based cybercrime that causes customer losses. This research employs a normative legal method using statutory and conceptual approaches to analyze relevant legal principles and regulations. The findings demonstrate that the legal framework governing cybercrime is primarily established under the Law on Electronic Information and Transactions, the Personal Data Protection Law, the Indonesian Criminal Code, and various regulations concerning the banking sector. Law enforcement is implemented through the imposition of criminal penalties and monetary fines aimed at providing legal certainty and deterrence. Nevertheless, the effectiveness of law enforcement remains constrained by several challenges, including limited public awareness of cyber threats, technological limitations in digital investigations, and difficulties in identifying and prosecuting cybercrime perpetrators operating through electronic communication platforms.
Perlindungan Hukum terhadap Korban Kekerasan Seksual Berbasis Digital oleh Mantan Pasangan (Revenge Porn) Vierdan Adha Putra Harjanto; Simon Nahak; I B GD Agustya Mahaputra
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.5.2.2026.419-429

Abstract

The rapid development of information and communication technology has transformed social interactions while simultaneously creating new forms of crime, including digital-based sexual violence. One of the most prevalent forms is revenge porn, namely the dissemination or threat to disseminate intimate images or videos without the victim’s consent, resulting in violations of privacy, dignity, sexual autonomy, and psychological well-being. This study aims to analyze the legal framework governing revenge porn in Indonesia and examine the criminal law protection provided to victims. The research employs a normative legal method using statutory and conceptual approaches, with legal materials collected through library research and analyzed using legal interpretation. The findings indicate that revenge porn is not regulated under a single, specific legal instrument; instead, its legal basis is dispersed across the Criminal Code, Law Number 1 of 2024 concerning Electronic Information and Transactions, Law Number 44 of 2008 concerning Pornography, and, most importantly, Law Number 12 of 2022 concerning Sexual Violence Crimes, particularly Article 14 on electronic-based sexual violence. Criminal law protection extends beyond the prosecution and punishment of offenders to include victim-oriented measures such as identity protection, legal assistance, psychological and social recovery, and the right to restitution. Nevertheless, the implementation of these protections remains constrained by overlapping legal provisions, limited understanding among law enforcement officials regarding the characteristics of digital sexual violence, difficulties in controlling the circulation of digital content, and persistent social stigma against victims. Therefore, stronger regulatory harmonization, improved law enforcement capacity, effective digital content removal mechanisms, and enhanced public legal awareness are essential to ensure comprehensive, victim-centered protection against revenge porn.
Tanggung Jawab Notaris atas Pembuatan Akta yang Kemudian Disengketakan oleh Ahli Waris (Studi Putusan Nomor 33/Pdt/2022/ Pt. Bdg) Iin Hot Prinauli Purba; Sesuai Niandro Baeha
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.5.3.2026.527-538

Abstract

This study analyzes the responsibility of a notary in the preparation of a land grant deed that subsequently becomes the subject of a dispute among heirs, with reference to Decision Number 33/PDT/2022/PT BDG. The research is motivated by the increasing number of inheritance disputes involving authentic grant deeds and the need to clarify the scope of notarial liability. This study employs normative legal research using statutory, case, and conceptual approaches. Primary legal materials include relevant legislation and court decisions, while secondary materials consist of legal literature and scholarly publications. The collected materials are analyzed qualitatively through legal interpretation and examination of the judges’ reasoning. The findings demonstrate that a notary’s responsibility may arise under civil, administrative, or criminal law, depending on the existence of fault or negligence. Civil liability may be imposed if a notary commits an unlawful act causing loss to the parties. Administrative sanctions may be imposed for violations of statutory duties under the Law on Notary Office, whereas criminal liability arises only when intentional misconduct, such as forgery or deliberate inclusion of false information, is proven. In Decision Number 33/PDT/2022/PT BDG, the court held that the repeated filing of lawsuits by the defendant did not constitute an unlawful act because access to the courts is a legally protected right. The grant deed was not declared invalid or annulled, and no evidence established that the notary had violated legal procedures in preparing the deed. Consequently, the notary could not be held liable. The study concludes that notarial liability is based on proven fault rather than the mere existence of a dispute concerning an authentic deed.
The Constitution in the Digital Era: Is the 1945 Constitution Ready to Address Cyber Threats and Data Security? Fitri Kartika Sari; Salman Salman; Febrian Chandra; Alya Lavina Arken
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.5.3.2026.510-526

Abstract

Digital governance, electronic transactions, cloud infrastructure, and public-sector data processing have transformed constitutional law in Indonesia. Cyberattacks, ransomware, data breaches, unlawful surveillance, and insecure personal data processing are no longer merely technical problems; they challenge constitutional guarantees of privacy, legal certainty, personal security, public service continuity, and state sovereignty. This article examines whether the 1945 Constitution of the Republic of Indonesia is normatively prepared to respond to cyber threats and personal data security risks. It asks, first, how the Constitution guarantees the protection of privacy and personal data security, and second, to what extent the state is constitutionally obliged to protect cyber sovereignty and respond to digital security threats. This research uses normative legal research with statutory, conceptual, case, and limited comparative approaches. The legal materials include the 1945 Constitution, the Personal Data Protection Law, the Electronic Information and Transactions Law, cybersecurity regulations, Constitutional Court decisions, and relevant legal scholarship. The article finds that the 1945 Constitution provides an implicit but strong basis for personal data protection through Articles 28G (1), 28D (1), 28H (4), 28F, 28I (4), and 28J. However, constitutional readiness remains incomplete at the operational level because cybersecurity governance is fragmented, independent personal data supervision has not been fully consolidated, and Indonesia still lacks a comprehensive statutory framework on cyber resilience. The article concludes that Indonesia’s Constitution is normatively adaptable but requires stronger statutory translation, independent supervision, risk-based cybersecurity duties, and constitutional proportionality safeguards. The originality of this study lies in integrating privacy, personal data protection, cybersecurity, and cyber sovereignty into one constitutional analysis, while prior studies generally examine these fields separately.
Strict Liability of Marketplace Platforms for Consumer Losses Due to the Circulation of Illegal Goods Ditya Putri Wulansari; Fuji Cantika; Danil Mustafa; Nessie Gusriani; Radatun Dwi Nazria
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.5.2.2026.279-295

Abstract

This article examines the strict liability of marketplace platforms for consumer losses arising from the circulation of illegal goods in electronic transactions. The study uses normative legal research with statutory, conceptual, and prescriptive approaches to consumer protection law, electronic information law, electronic commerce regulations, and platform governance literature. Existing Indonesian rules still rely on fragmented consumer-protection, electronic-commerce, and electronic-system duties, while consumers often face difficulty identifying sellers, proving platform fault, and obtaining timely recovery. The article finds that the relationship between marketplace platforms, sellers, and consumers is not a single ordinary sale contract, but a layered electronic transaction consisting of a consumer-seller sale, a platform-seller intermediation agreement, and a platform-consumer service relationship. This legal configuration makes the platform more than a passive intermediary when it designs the transaction environment, controls seller access, processes payment, ranks listings, stores transaction data, and provides complaint mechanisms. The strict liability principle is therefore justified when illegal goods circulate through a marketplace system and cause consumer losses, especially where the platform failed to prevent, detect, remove, or remedy prohibited products. The article proposes a qualified strict liability model based on platform control, risk creation, statutory duty, causation, and remedial capacity. It concludes that strict liability should strengthen consumer recovery without eliminating the seller's primary responsibility or turning platform responsibility into unlimited liability.
The Ethical Dilemma and Integrity of the Notary Role in the Execution of Cyber Notary: Challenges to the Requirement of Physical Deed Review Andy Tallu Padang; Ayu Putrijanti
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.5.2.2026.405-418

Abstract

The rapid progression of information technology and the expansion of the digital economy have increased the demand for notarial services that are efficient, accessible, and electronically integrated. In Indonesia, the concept of cyber notary is recognised to a limited degree in the Elucidation of Article 15 paragraph (3) of the Law on Notarial Office (UUJN). The UUJN stipulates that deeds must be read in the presence of the concerned parties and signed simultaneously, underscoring the requirement for personal attendance. This disparity creates an ethical challenge and may undermine the integrity of the notarial profession, since efforts to modernise notarial services can conflict with the legal requirements that verify the authenticity of notarial deeds. This article examines compliance with the standards of vigilance and prudence required of notaries in providing electronic services, particularly with identity verification, legal capacity, informed consent, and the reading of deeds. It also analyses the normative boundaries of the expression “before the appearing parties” in a digital setting. The research employs a normative legal framework, supported by empirical data obtained from literature reviews and extensive interviews with notaries. The results provide an ethical and operational basis for cyber notary activities rooted in notarial due process. The framework emphasises comprehensive identity verification, verifiable documentation of the notarial process, protections against coercion, system security and data protection measures, as well as limitations on technology use during the pre-deed phase and in the certification of electronic transactions. From a policy perspective, normative harmonisation is crucial to ensure that digital change bolsters legal certainty while maintaining the legitimacy of notarial acts and the integrity of the notarial profession.
Perlindungan Hukum terhadap Kreditur dalam Pelaksanaan Penghapusan Kredit Macet UMKM pada Bank BUMN Yeni Mardiah Lubis; Mahmul Siregar; Syarifah Lisa Andriati
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.5.2.2026.336-347

Abstract

The elimination of bad loans for micro, small, and medium enterprises (MSMEs) is an instrument for resolving non-performing loans that aims to maintain banking stability and support the sustainability of MSME financing. However, its implementation still faces problems related to legal certainty and legal protection for banks as creditors. This study aims to analyze the regulation of MSME bad loans in Indonesia, its implementation at PT Bank XXX, as well as the form of legal protection for banks in its implementation. The research method used is empirical normative legal research with a statutory approach and a case approach. Data was obtained through literature studies and interviews, then analyzed qualitatively using legal certainty theory and legal protection theory. The results of the study show that the elimination of MSME bad loans has an adequate legal basis, but has not fully provided legal certainty due to regulatory inconsistency and the absence of comprehensive technical guidelines. At PT Bank XXX, the implementation of credit write-off is carried out according to the principle of prudence by prioritizing restructuring, receivables recovery, and insurance claims before write-off. Legal protection for banks is realized through the application of the principle of prudence, the use of collateral and credit insurance, and the maintenance of bank billing rights. Therefore, it is necessary to harmonize regulations and strengthen legal certainty to support the effectiveness of the implementation of the elimination of bad loans for MSMEs.
Penyidikan Tindak Pidana yang Berkaitan dengan Homoseksualitas di Deli Serdang: Tantangan Hukum dan Upaya Penegakan Hukum Fajar Prayogi; Ramadani Ramadani
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.5.3.2026.634-650

Abstract

The investigation of criminal cases related to same-sex conduct presents legal and evidentiary challenges due to the sensitive nature of the cases, the private circumstances in which incidents may occur, and the social stigma surrounding homosexuality. These conditions may affect the availability of witnesses and other evidence required for criminal proceedings. This study aims to examine the implementation of investigations, identify evidentiary obstacles, and analyze the efforts undertaken by investigators in handling criminal cases related to same-sex conduct within the jurisdiction of Deli Serdang Resort Police. This study employs an empirical juridical method using case and statutory approaches. Primary data were obtained through field observations and interviews with the Criminal Investigation Unit of Deli Serdang Resort Police, while secondary data were collected through legal and literature research. The data were analyzed qualitatively and descriptively. The findings indicate that investigations are conducted based on concrete criminal acts rather than sexual orientation. The principal obstacles involve limited direct witnesses, the private nature of incidents, reluctance of victims or witnesses to provide information due to shame and social stigma, and limited evidence. Investigators address these challenges by optimizing witness and victim examinations and utilizing expert testimony, visum et repertum, physical evidence, electronic evidence, and digital forensics when necessary. Strengthening investigators’ capacity in handling sensitive cases, particularly in evidence assessment, digital forensics, and victim- and witness-sensitive investigation procedures, is recommended to ensure lawful, objective, and accountable enforcement.

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