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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,
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 124 Documents
Implementasi Pemberian Remisi bagi Narapidana Tindak Pidana Pencurian di Lapas Kelas IIA Rantauprapat: Perspektif Hukum Pidana Islam Rahma Fitri Amelia Hasibuan; Syaddan Dintara Lubis
Verdict: Journal of Law Science Vol. 5 No. 3 (2026): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.3.2026.430-446

Abstract

The granting of remission is one of the rights of prisoners provided as a form of recognition for behavioral improvement during their incarceration in correctional institutions. This study aims to analyze the implementation of remission for prisoners convicted of theft at the Class IIA Rantauprapat Correctional Institution, identify the factors influencing its implementation, and examine the policy from the perspective of Islamic Criminal Law. This study employs an empirical legal research method with a qualitative approach. Data were obtained through interviews with officers of the Class IIA Rantauprapat Correctional Institution, observations, and documentary studies, and were subsequently analyzed using qualitative descriptive analysis. The findings indicate that the implementation of remission has been carried out in accordance with Law Number 22 of 2022 concerning Corrections and Regulation of the Minister of Law and Human Rights Number 7 of 2022. Supporting factors in the implementation of remission include good prisoner behavior, active participation in correctional programs, fulfillment of administrative requirements, and the use of the Correctional Database System (Sistem Database Pemasyarakatan/SDP). Meanwhile, the main inhibiting factor is disciplinary violations recorded in Register F. From the perspective of Islamic Criminal Law, the granting of remission is consistent with the concept of jarīmah taʿzīr and maqāṣid al-sharīʿah, as it constitutes an authority of the government (ulil amri) aimed at achieving public welfare through rehabilitation, preventing recidivism, and facilitating the social reintegration of prisoners.
Perlindungan Hukum terhadap Anak sebagai Korban Pelecehan Seksual di Wilayah Polrestabes Medan Zulamin Ginting; Rasina Padeni Nasution
Verdict: Journal of Law Science Vol. 5 No. 3 (2026): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.3.2026.477-493

Abstract

Legal protection for children who are victims of sexual abuse is a state obligation that focuses not only on prosecuting perpetrators but also on upholding victims' rights and facilitating their recovery. Although child protection is mandated by Law Number 35 of 2014 concerning Child Protection, its implementation in the field faces various obstacles. This study aims to analyze the implementation of legal protection for child victims of sexual abuse within the jurisdiction of the Medan City Police (Polrestabes Medan), identify the challenges involved, and formulate strategic solutions to enhance the effectiveness of legal protection for victims. The study employs an empirical-juridical method with a qualitative descriptive approach. Data were collected through interviews, observation, and document analysis, and subsequently analyzed qualitatively through the stages of data reduction, data presentation, and conclusion drawing. The findings indicate that legal protection measures have been implemented, including report intake, child-friendly questioning, investigation, victim support, identity confidentiality, coordination with relevant agencies (such as DP3A, UPTD PPA, hospitals, psychologists, and other institutions), as well as victim rehabilitation and recovery. However, implementation remains suboptimal due to challenges such as victims' reluctance to open up, limited evidence, inconsistencies in victims' statements, and a lack of optimal coordination during the rehabilitation and recovery processes. Therefore, it is necessary to strengthen child-friendly questioning procedures, multidisciplinary approaches to evidence gathering, inter-agency synergy, public and family education, and the capacity building of law enforcement officers. This study underscores the importance of integrated protection through preventive, repressive, and restorative approaches.
Analisis Yuridis Penerapan Asas Equality Before the Law dalam Penanganan Tindak Pidana Pemerasan Yusuf Hatorangan; M. Rizal
Verdict: Journal of Law Science Vol. 5 No. 3 (2026): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.3.2026.539-552

Abstract

The principle of equality before the law is a fundamental principle of the rule of law that guarantees equal legal status and treatment for every person regardless of social status, position, or profession. However, its implementation in criminal law enforcement may face challenges, particularly when the alleged perpetrator is a law enforcement officer. This study aims to analyze the legal regulation and implementation of the principle of equality before the law in handling the crime of extortion involving members of the Indonesian National Police and civil society, as well as to identify factors that influence its implementation. This study employs a normative juridical method using statutory, conceptual, and comparative approaches. Legal materials consisting of primary, secondary, and tertiary sources were collected through library research and analyzed qualitatively and normatively. The findings indicate that the principle of equality before the law has a strong constitutional and legal basis and requires criminal proceedings to be conducted objectively, professionally, transparently, and without discrimination. In handling extortion cases, both police officers and civilians are subject to general criminal proceedings. Police officers, however, are additionally subject to professional ethical and disciplinary mechanisms, which constitute supplementary responsibilities and cannot replace criminal liability. The analysis further shows that differences in treatment may arise from law enforcement integrity, institutional culture, transparency, supervision, and the potential influence of institutional status. Therefore, consistent and accountable law enforcement is necessary to ensure that the handling of extortion cases is determined by the alleged criminal conduct and applicable legal standards rather than the perpetrator’s institutional position.
Why A National Strategic Project? Legal and Policy Perspective on Indonesia’s National Position for the First Nuclear Power Plant Development Faidatul Hikmah
Verdict: Journal of Law Science Vol. 5 No. 3 (2026): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.3.2026.605-619

Abstract

Indonesia’s aspiration to develop nuclear power plants dates back to the early decades of the Republic and has been supported by extensive cooperation with the International Atomic Energy Agency (IAEA), including the Integrated Nuclear Infrastructure Review (INIR) mission in 2009. Despite decades of technical preparation and institutional development, the country has yet to commence the construction of its first commercial NPP. However, Indonesia’s nuclear programme has entered a new phase following the enactment of Law No. 59 of 2024 on the National Long-Term Development Plan 2025–2045, Government Regulation No. 40 of 2025 on the National Energy Policy, and the Electricity Supply Business Plan 2025–2034, all of which explicitly recognize nuclear power as a strategic component of the national energy transition and establish a target for commissioning the first 500 MW nuclear power plant by 2032. This research approach is a normative juridical using qualitative analysis of laws, regulations, government policy documents, official reports, and relevant literature to examine Indonesia’s legal and institutional readiness for the development and operation of its first NPP. The findings indicate that Indonesia has established a substantially stronger regulatory and policy framework than in previous decades, supported by institutional preparations for a Nuclear Energy Program Implementing Organization (NEPIO) and the continued roles of BRIN and BAPETEN. Nevertheless, significant implementation challenges remain, including project delivery mechanisms, financing, technology selection, licensing, and institutional coordination. This study recommends adopting a clear implementation strategy, including designating the first NPP as a National Strategic Project, to strengthen regulatory certainty, accelerate inter-agency coordination, and enhance investor confidence in developing Indonesia’s first commercial nuclear power plant and support the long-term objectives of the National Energy Policy through 2060.
Legal Protection for Online Auction Buyers Due to Hidden Defects in Auction Objects Based on Legislation Indah Luthfia Ginanjar; Ummi Maskanah; Cica Susanti; Aliyyah Fitrah Ramadan
Verdict: Journal of Law Science Vol. 5 No. 3 (2026): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.3.2026.620-633

Abstract

The rapid growth of online auction transactions in Indonesia has increased efficiency and accessibility for buyers but has also created legal risks arising from hidden defects in auction objects that cannot be directly inspected prior to purchase. This study aims to analyze the forms of legal protection available to online auction buyers and the legal remedies that may be pursued when losses occur due to hidden defects. The research employs a normative legal method using statutory, conceptual, and case approaches through the examination of the Indonesian Civil Code, auction regulations, and relevant legal literature. The analysis focuses on Articles 1491, 1504, 1507, 1508, 1243, and Article 1338 paragraph (3) of the Indonesian Civil Code. The findings show that buyers remain entitled to legal protection when the defect existed before the auction, was hidden in nature, could not reasonably be detected, and caused actual loss. The novelty of this study lies in its integrated analysis of seller liability, hidden defects, and the principle of good faith in online auction transactions, showing that statutory protection remains applicable despite the presence of the “as is where is” clause. Legal protection is provided through preventive measures, such as transparency of information and disclosure of object conditions, as well as through repressive measures, including contract rescission, price reduction, compensation claims, and dispute resolution mechanisms. This study contributes to Indonesian auction law by clarifying the limits of seller liability and provides practical implications for legislators and auction organizers. 
Pelaksanaan Restorative Justice dalam Penyelesaian Tindak Pidana Penganiayaan Ringan di Polres Aceh Singkil Tahun 2024-2025 Kristin Pasaribu; Zaid Alfauza Marpaung
Verdict: Journal of Law Science Vol. 5 No. 4 (2026): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.4.2026.651-665

Abstract

Restorative justice provides an alternative approach to criminal case resolution by emphasizing dialogue, accountability, reconciliation, and the restoration of relationships between victims and offenders. In Indonesia, its implementation at the police investigation stage is regulated by Indonesian National Police Regulation No. 8 of 2021 concerning the Handling of Criminal Offenses Based on Restorative Justice. This study examines the implementation of restorative justice in resolving minor assault offenses at the Aceh Singkil District Police during 2024–2025, particularly with reference to Article 352 of the Criminal Code and the requirements stipulated in Regulation No. 8 of 2021. The study employs an empirical legal research method using interviews, observations, and document analysis. The findings show that restorative justice involves several stages, including receiving and examining reports, assessing case eligibility, conducting mediation, formulating settlement agreements, and terminating investigations when the applicable requirements are fulfilled. During 2024–2025, 17 minor assault cases were handled, of which 10 were resolved through restorative justice and 7 were not. The main obstacles included disagreements between victims and offenders, particularly concerning compensation, limited public understanding of restorative justice, and the unwillingness of some parties to reach an agreement. Investigators addressed these obstacles through persuasive approaches, legal education, mediation, and the involvement of family members and community leaders in the reconciliation process. The study demonstrates that the effectiveness of restorative justice depends not only on legal eligibility but also on the parties’ willingness to reach a voluntary agreement and the investigators’ ability to facilitate a fair and constructive resolution.
Pemaknaan Fi Sabilillah sebagai Penerima Zakat Fitrah dan Pola Penyalurannya: Studi Kasus Desa Sipaho Kecamatan Halongonan Kabupaten Padang Lawas Utara Irham Rosyidi Harahap; Zulkifli Nas
Verdict: Journal of Law Science Vol. 5 No. 4 (2026): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.4.2026.721-735

Abstract

Fi sabilillah is one of the eight asnaf entitled to receive zakat under Qur'an Surah At-Taubah verse 60, but its scope remains debated between classical and contemporary scholars. This study aims to analyze the interpretation of fi sabilillah by religious scholars in determining zakat fitrah recipients and the factors underlying changes in its distribution pattern in Desa Sipaho, Kecamatan Halongonan, Kabupaten Padang Lawas Utara. This empirical legal research employs a descriptive qualitative approach with a case study strategy. Primary data were obtained through interviews with eight informants consisting of five religious scholars, two zakat administrators, and one fi sabilillah recipient, while secondary data were obtained from relevant Islamic legal literature and previous studies. The findings indicate that the meaning of fi sabilillah has shifted from a status-based approach focusing on Islamic boarding school students toward a functional approach emphasizing religious activities, educational capacity, and community contributions. This shift was influenced by changing educational needs, the expansion of educational access, and considerations of community benefit (maslahah). The category was extended to public-school students in 2021 and Islamic higher-education students in 2023. The 2024 findings show that this broader interpretation continued to be applied in zakat distribution based on beneficiaries' educational and community-oriented activities. This interpretation is closer to Yusuf al-Qardhawi's contemporary view than the restrictive classical interpretation. The study concludes that the practice reflects contextualization of Islamic law, but requires objective and consistent criteria to maintain compliance with Islamic legal principles.
Analisis Uqubah terhadap Anak di bawah Umur dalam Perspektif Hukum Pidana Islam dan UU Nomor 11 Tahun 2012 Ananda Harahap; Akmaluddin Syahputra
Verdict: Journal of Law Science Vol. 5 No. 4 (2026): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.4.2026.677-694

Abstract

The criminal liability of minors presents a fundamental challenge in determining the appropriate balance between accountability, child protection, and rehabilitation. This study analyzes the concept of uqubah against minors from the perspective of Islamic criminal law and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System in Indonesia, with particular emphasis on the differences and points of convergence between the two legal frameworks. This research employs normative legal research using statutory, conceptual, and comparative approaches. Primary legal materials consist of the Qur’an, hadith, Islamic criminal law doctrines, and Indonesian legislation, particularly Law Number 11 of 2012. The findings demonstrate that Islamic criminal law does not establish children’s criminal liability solely on the basis of the prohibited act, but also considers legal capacity (taklif), baligh, tamyiz, understanding, intention, and choice. The principle of raf’ al-qalam establishes that children who have not reached puberty are not subject to criminal liability in the same manner as adults, although educational and corrective measures may be imposed within the framework of ta’zir and public benefit (maslahah). Indonesian law similarly adopts a differentiated system through restorative justice, diversion, individualized consideration, and the principle that imprisonment constitutes a last resort, as reflected in Articles 2, 5–7, 69–71, and 81 of Law Number 11 of 2012. The study concludes that the two systems share principles of proportionality, rehabilitation, education, and protection, although they differ in determining legal capacity. An integrative model based on capacity, proportionality, rehabilitation, restorative justice, and maqashid al-shariah can strengthen Indonesia’s juvenile criminal justice framework without compromising legality and legal certainty.
Penembakan Pelaku Tawuran dalam Prespektif Hukum Pidana Islam Niko Ananda; Fauziah Lubis
Verdict: Journal of Law Science Vol. 5 No. 4 (2026): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.4.2026.705-720

Abstract

The use of firearms against brawl offenders raises complex legal and ethical questions concerning the limits of state coercive power, particularly when the use of force results in death. This study examines the legality of shooting brawl offenders from the perspective of Islamic criminal law and formulates Sharia-based parameters for determining the legitimacy of lethal force by law enforcement officers. This study employs normative legal research using a doctrinal approach, supported by conceptual, statutory, case, and Islamic legal approaches. Legal materials consist of the Qur’an, Hadith, classical and contemporary Islamic jurisprudence, legal doctrines, relevant Indonesian legislation, and scholarly literature concerning brawls, the use of firearms, protection of life, and law enforcement. The materials are analyzed qualitatively through descriptive-analytical and prescriptive methods by examining the principles of hifz al-nafs, daf’u al-sa’il, darurah, maslahah, justice, necessity, and proportionality. The findings demonstrate that shooting brawl offenders is neither automatically permissible nor prohibited under Islamic criminal law. Its legitimacy is conditional upon the existence of an actual and serious threat to life, a legitimate protective purpose, the necessity of lethal force, the absence of reasonably effective less-lethal alternatives, and proportionality between the force used and the threat encountered. The use of firearms as retaliation, punishment outside legal procedures, or after the threat has ceased lacks sufficient Sharia justification. This study contributes a normative framework that positions Islamic criminal law not only as a basis for criminal sanctions but also as a mechanism for controlling state coercive power and protecting human life.
Implikasi Hukum dan Pertanggungjawaban Pidana dalam Kasus Kebocoran Data Pribadi Natalina Prisilla Purba; Suhaila Zulkifli; Tajuddin Noor
Verdict: Journal of Law Science Vol. 5 No. 4 (2026): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.4.2026.695-704

Abstract

Personal data leakage has become a serious legal issue in the digital era due to its increasing frequency and adverse impacts, including financial losses, identity theft, and privacy violations. Between 2019 and mid-2024, Indonesia experienced numerous personal data breach incidents, indicating that enforcement of personal data protection laws remains ineffective despite the enactment of Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). This study analyzes the legal framework governing criminal liability for perpetrators of personal data leakage and examines challenges in enforcing these regulations in Indonesia. This research employs normative legal methods using statutory, conceptual, and case approaches. Legal materials include primary sources, particularly the PDP Law, Electronic Information and Transactions Law (ITE Law), Criminal Code (KUHP), Civil Code (KUHPerdata), and related regulations, supported by secondary legal materials from books and scholarly literature. The findings indicate that Indonesia has established a comprehensive legal framework through the PDP Law as a lex specialis, supported by the ITE Law, Article 322 of the Criminal Code, and Article 1365 of the Civil Code. However, enforcement faces obstacles, including limited digital forensic capacity, insufficient law enforcement expertise, low public legal awareness, the absence of an effective independent data protection authority, and the complexity of cross-border cybercrime. This study recommends strengthening the independent data protection supervisory authority, digital forensic capacity, cybersecurity training, and public legal awareness to improve personal data protection and criminal law enforcement in Indonesia.

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