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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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Legal Analysis of Default in Credit Agreement (Decision No. 25/Pdt. G. S/2024/PN. Pct.) Marlina Elisabeth Pakpahan; Elkana Dasilva Ginting; Claudya Yolanda Putri Manalu; Clara Brigitta Jap
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.5.1.2026.124-138

Abstract

Credit agreements have become one of the principal financing instruments in the Indonesian financial system and hold a strategic position in supporting both consumer and productive sectors. Therefore, credit agreements must comply with Civil Code and Law Number 10 of 1998 concerning Banking to ensure legal certainty and protection for all parties involved. However, in practice, debtors may fail to fulfill repayment obligations, resulting in breach of contract (default). This issue is reflected in Decision Number 25/Pdt.G.S/2024/PN Pacitan, where Bank Rakyat Indonesia Pacitan Branch sued the debtors for non-performance of contractual obligations. This study aims to analyze the regulation of breach of credit agreements, to examine the legal provisions regarding credit agreements, and to analyze the judge’s considerations in deciding Case Number 25/Pdt.G.S/2024/PN Pct. This study applies normative legal research using statutory, conceptual, and case approaches through library research on legal materials. The result showed that breach of contract in judicial practice is interpreted not only as contractual non-compliance but also as civil liability requiring proportional legal remedies, compensation, and judicial balance between creditor protection and debtor rights.
Tinjauan Yuridis Terhadap Pembatalan Merek dengan Persamaan pada Pokoknya: Kasus Gudang Garam VS Gudang Baru di Indonesia(Studi Putusan Nomor 4/Pdt.Sus-HKI/Merek/2021/PN Niaga Sby) Pilihan Fredrick Johannes Tanjung; Venia Utami Keliat
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.5.1.2026.99-108

Abstract

This study aims to examine the application of the principle of similarity in essential elements as a basis for trademark cancellation in a dispute involving prominent cigarette trademarks in Indonesia, in accordance with Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The research employed a normative juridical method using a case study approach centered on the decision of the Surabaya Commercial Court Number 4/Pdt.Sus-HKI/Merek/2021/PN Niaga Sby. The findings indicate that the judges adopted a substantive approach in assessing trademark similarity based on the overall impression created in the minds of consumers. Although the decision strengthens protection for trademark owners, the analysis reveals weaknesses in the juridical reasoning, as the parameters for visual, phonetic, and conceptual assessment were not explicitly formulated. This study concludes that there is a need for the standardization of assessment parameters by judges in order to create legal certainty for business actors in Indonesia.
Analisis Yuridis Kebijakan Corporate Social Responsibility (CSR) dalam Meningkatkan Kesejahteraan Masyarakat pada PT Perkebunan Nusantara IV Regional I Medan Atika Sunarto; Yunri Matondang; Muhammad Ali Adnan
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.5.1.2026.161-176

Abstract

This study aims to analyze the policy and implementation of Corporate Social Responsibility in improving community welfare at PT Perkebunan Nusantara IV Regional I Medan. The research method employed is empirical juridical with a descriptive-analytical approach, examining both legal aspects and implementation practices in the field. Data were obtained through interviews, documentation studies, and reviews of legislation and relevant literature. The results indicate that the Corporate Social Responsibility policy of PT Perkebunan Nusantara IV has a strong legal basis, referring to the Limited Liability Company Law, Government Regulations, and other related regulations. The implementation of the policy is carried out through Corporate Social and Environmental Responsibility (CSER) programs covering education, health, social affairs, environmental sustainability, and community economic empowerment. These programs have made a tangible contribution to improving the quality of life of surrounding communities from economic, social, and environmental perspectives. Nevertheless, the implementation still faces several obstacles, such as limited community participation in program planning, inaccurate targeting of assistance, and constraints in coordination among stakeholders. To address these challenges, greater transparency, accountability, and collaboration among the company, government, and community are required. Accordingly, it can be concluded that Corporate Social Responsibility plays an important role in improving community welfare; however, optimization in its planning and implementation is necessary to ensure greater effectiveness and sustainability.
Analisis Yuridis Perbuatan Penipuan dengan Modus Giveaway dalam Perspektif Undang-Undang ITE Nyoman Candradevi Triantini; I Nyoman Sujana; 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.5.2.2026.223-233

Abstract

This study evaluates deceptive practices involving the giveaway scheme through the lens of the ITE Law. The investigation primarily centers its attention upon regulations that have not explicitly mentioned fraudulent acts using the giveaway method in legislation, thus giving rise to conflicting norms between laws. This study focuses on analyzing: how is the legal regulation of fraudulent acts using the giveaway method in Indonesia and how is the law enforced against perpetrators of fraud using the giveaway method. This inquiry employs a normative legal research design, integrating legislative, theoretical, and judicial precedent perspectives. The results indicate that although Indonesian legislation does not explicitly regulate giveaway fraud as a distinct criminal offense, such conduct can nevertheless be prosecuted under the existing legal framework. The fraudulent giveaway schemes currently fall under the jurisdiction of Article 492 of the Criminal Code (lex generalis) and Article 28 subsection (1) of the ITE Law (lex specialis). Perpetrators of fraud will be punished in accordance with the applicable legal basis in order to pay attention to the application of the principle of lex specialis derogat legi generali as a basis for determining norms to realize legal certainty and provide protection to victims of technology-based fraud. The findings provide guidance for law enforcement agencies, including investigators, prosecutors, and judges, in determining the appropriate legal basis for prosecuting giveaway fraud conducted through electronic media. The recognition of electronic information and electronic documents as valid evidence further strengthens the effectiveness of criminal investigations and prosecutions in cybercrime cases.
Pertanggungjawaban Pidana Terhadap Pelaku Penyebar Berita Bohong yang Menyebabkan Kerugian Konsumen (Dengan Menggunakan Aplikasi Termux) Toby Tiovan; Gloria Melisa Febriana Simatupang; Immanuel Simanjuntak
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.5.2.2026.310-321

Abstract

The development of information and communication technology has significantly transformed electronic transactions while also increasing the risk of cybercrime, including the dissemination of false or misleading information that causes consumer losses. This issue becomes more complex when technology-based applications such as Termux, which are legally intended for system administration and programming purposes, are misused to facilitate cybercrime. This study aims to analyze the criminal liability of perpetrators who disseminate false information using the Termux application and to examine the judges’ legal considerations in Decision Number 1295/Pid.Sus/2023/PN Medan. This research employs a normative legal method using statutory, case, and conceptual approaches. Primary, secondary, and tertiary legal materials were collected through library research and analyzed qualitatively. The findings reveal that perpetrators may be held criminally liable under Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of the Electronic Information and Transactions Law, provided that the elements of intent, unlawful conduct, and consumer losses are established. The court’s decision was based not only on juridical considerations but also on sociological and philosophical aspects to ensure justice, legal certainty, and legal utility. Furthermore, consumers who suffer losses are legally protected under both the Electronic Information and Transactions Law and the Consumer Protection Law through criminal and civil remedies. This study contributes to the development of criminal and cyber law by strengthening legal analysis of criminal liability and consumer protection in Indonesia’s digital environment.
The Validity of Terms and Conditions in Online Loan Applications Under the Indonesian Civil Code Raroza Amanda; Nur Annisa; Zita Gus Laura; Elsa Antoni; Debby Fitrianti
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.5.1.2026.173-189

Abstract

Online loan applications use standard-form Terms and Conditions to form credit relationships, obtain borrower consent, allocate risk, regulate data access, and define repayment consequences. This article examines whether such Terms and Conditions are valid under the Indonesian Civil Code, particularly Articles 1320 and 1338, through doctrinal legal analysis based on statutory interpretation, systematic interpretation, conceptual construction, and clause-based legal reasoning. The study assesses electronic assent, standard-form clauses, data authorization, and repayment obligations against the Civil Code requirements of consent, capacity, definite object, lawful cause, good faith, and contractual fairness. The analysis finds that Terms and Conditions may be valid when the borrower receives conspicuous notice, gives affirmative consent, has legal capacity, and agrees to a determinable loan object and lawful cause. Validity becomes vulnerable when clauses obscure economic costs, authorize excessive unilateral changes, impose disproportionate penalties, transfer all platform liability, or collect personal data beyond the financing purpose. The theoretical contribution of this article is a layered Civil Code validity framework that connects formal electronic consent with substantive good faith, proportionality, transparency, and consumer protection. The article proposes a six-part validity test: conspicuous notice, active consent, accessible language, determinable object, lawful data processing, and proportional risk allocation.
Pengaruh Judi Online Terhadap Peningkatan Kriminalitas Digital: Kajian Normatif Hukum Pidana Berdasarkan KUHP di Indonesia Tiara Hazizah; Hana Faridah
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.5.2.2026.251-262

Abstract

The rapid development of digital technology has brought a double impact on Indonesian society. On one hand, it facilitates access to information, yet on the other, it opens avenues for the proliferation of online gambling, which correlates with various digital crimes. This study aims to normatively examine how criminal law provisions in the Penal Code and related regulations respond to the phenomenon of online gambling and its implications for the escalation of digital crime in Indonesia. Using a normative juridical method with statutory and conceptual approaches, this study examines primary and secondary legal materials collected through library research and analyzed qualitatively to evaluate the adequacy of Indonesia’s legal framework in addressing online gambling-related crimes. This study finds that online gambling is not merely a standalone criminal act but also drives derivative crimes such as data theft, fraud, and money laundering. The existing legal framework, particularly Article 303 of the Penal Code in conjunction with the ITE Law, has not fully addressed the complexity of digital crimes based on online gambling. Systematic legal reform and consistent enforcement are urgent needs.
Perlindungan Hukum terhadap Korban Pornografi Balas Dendam (Revenge Porn) I Ketut Bagus Danan Pradana; I Ketut Kasta Arya Wijaya; I B. Gd. Agustya Mahaputra
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.5.1.2026.161-172

Abstract

Revenge porn is a complex legal and social issue that requires comprehensive handling. Legal protection for victims depends not only on the existence of laws and regulations, but also on the effectiveness of legal implementation, the capacity of law enforcement officials, and social support for victims. The research aims are to investigate the legal regulations of revenge porn in Indonesia and the forms of legal protection for victims of revenge porn. This research is a normative legal study with a conceptual approach, utilizing primary, secondary, and tertiary legal materials collected through document studies and systematically analyzed using deductive and inductive methods. The results show that legal regulations related to revenge porn are still indirect and scattered across various regulations, creating legal uncertainty. Although victim protection has been regulated normatively, its implementation still faces obstacles such as social stigma, difficulties in digital evidence, and limited control of content in cyberspace. Therefore, more specific regulatory updates, increased capacity of law enforcement officials, and strengthening public digital literacy are needed. Synergy between the government, law enforcement officials, victim protection agencies, and the community are the key to create an effective, integrated, and victim-oriented legal protection system.
Legal Consequences of Unilateral Cancellation of Sale and Purchase Agreements on E-Commerce Platforms Marisha Marisha; Rona Roveria; Justia Afnuri; Ulan Dari
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.5.2.2026.234-250

Abstract

The rapid expansion of e-commerce in Indonesia has transformed sale and purchase agreements into multilayered electronic transactions involving consumers, sellers, platforms, payment systems, and logistics providers. This article formulates three focused questions: how electronic sale and purchase agreements are formed under Indonesian law; what legal consequences arise from unilateral cancellation by sellers, buyers, or platforms; and what cancellation governance model can protect consumers while preserving fair responsibility among transaction actors. Using normative juridical research with statutory, conceptual, case-based, and limited comparative approaches, this study analyses legislation, doctrine, Indonesian journal literature, and selected court-based studies on online sale disputes. The article finds that unilateral cancellation is not per se unlawful, but it becomes legally defective when it violates pacta sunt servanda, good faith, consumer rights, evidentiary duties, or statutory limits on standard clauses. Its consequences may include continued performance, rescission with restitution, compensation, invalidity of unfair clauses, administrative sanctions, and platform liability where the platform exercises active control over transaction architecture or dispute resolution. The article proposes a proportional cancellation governance model requiring transparent reasons, prior notice where feasible, evidence preservation, time-bound refund, and differentiated liability among sellers, buyers, and platforms.
Legal Protection for Victims of Theft through a Restorative Justice Approach Ririnda Agustina; Gio Griptoni
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.5.1.2026.206-222

Abstract

The protection of theft victims in Indonesia remains vulnerable when criminal procedure is oriented mainly toward punishment and case termination. Previous studies have generally examined restorative justice as institutional policy or as ordinary case settlement, but they have not yet formulated operational victim-protection safeguards for theft cases across the police, prosecution, and court stages; this gap constitutes the novelty of this study. This article examines how restorative justice can be constructed as a victim-oriented mechanism for theft cases without reducing criminal accountability to mere private settlement. Using normative legal research, this study applies statutory, conceptual, and prescriptive approaches to Indonesian criminal law, victim protection law, police restorative justice rules, prosecutorial and judicial restorative justice policies, and contemporary literature on restorative justice. The research finds that restorative justice in theft cases is legally acceptable only when it satisfies material and formal safeguards, especially voluntary peace, fulfillment of victims’ rights, return of property, compensation, repair of damage, and verified offender responsibility. However, victim protection is weakened when restorative justice is treated as an administrative tool for case disposal rather than a structured process of recovery. The article proposes a four-layer victim protection model consisting of preventive screening, restorative recovery, corrective procedural safeguards, and post-agreement supervision. This model recognizes victims as rights holders while ensuring restorative justice in theft cases aligns with legal certainty, proportionality, and substantive justice.

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