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Majelis: Jurnal Hukum Indonesia
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 3063380X     EISSN : 063380X     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal ini menyajikan artikel-artikel yang mencakup berbagai aspek hukum, mulai dari hukum perdata, pidana, administrasi negara, bisnis, lingkungan, hingga hukum internasional yang relevan dengan Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 109 Documents
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Regulasi dan Tantangan Pemanfaatan AI dalam Moderasi Beragama Khusnul Khatimah; Fanti Rahmania Ramli; Kurniati Kurniati
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 4 (2025): November : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i4.1356

Abstract

Artificial Intelligence (AI) is a technology that has had a significant impact on various aspects of life, including science. Recent developments in AI have shifted the traditional boundaries of knowledge production and distribution, including in the religious realm. This research aims to fill the epistemological gap in contemporary Islamic legal thought by offering an integrative framework between traditional ijtihad and supervised digital ijtihad practices. This research uses a normative-qualitative (juridical-normative) approach. The researchers found that AI has the potential to be an effective tool for strengthening religious moderation, particularly through digital education, the dissemination of messages of tolerance, and the dissemination of counter-narratives against radicalism. For example, da'wah chatbots and digital interpretation applications can expand moderate religious literacy. However, the research also highlights various challenges, including epistemological issues stemming from AI's lack of a scientific chain of command, the risk of shifting authority from scholars to technology, and the lack of legal regulations governing responsibility for AI-generated religious content. Therefore, specific regulations and collaboration between scholars, the government, and technology developers are needed to ensure that AI continues to support the maqāṣid al-Shari'ah (the principles of Islamic law) and religious moderation.
Tinjauan Hukum terhadap Perlindungan Hak Cipta atas Desain Busana di Kota Makassar: Studi Putusan No.1/Pdt.Sus-HKI/2020/PN Niaga Makassar Asya Masrurah; Suhartati Suhartati; Nurmiati Nurmiati
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 4 (2025): November : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i4.1357

Abstract

This research aims to analyze the forms of legal protection for copyright over fashion design and the judicial considerations applied in deciding copyright infringement in Putusan Pengadilan Niaga Makassar No. 1/Pdt.Sus-HKI/Cipta/2020/PN Niaga Makassar through a normative legal research method grounded in statutory and case approaches, where the findings demonstrate that fashion designs published through Instagram fulfill the elements of copyrightable works under Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta because they meet the requirements of originality and fixation, thereby receiving automatic protection without the need for registration, while the Panel of Judges in the decision acknowledged the existence of copyright infringement based on substantial similarities between the plaintiff’s designs and the defendant’s uploads, yet the rejection of the plaintiff’s claim for compensation is considered insufficient to provide comprehensive legal protection because it does not restore the economic or moral losses suffered and fails to produce a deterrent effect for infringers, thus emphasizing the need to strengthen copyright protection in the digital era, particularly within the fashion industry, through judicial decisions that are more comprehensive, progressive, and responsive to technological developments and the increasing complexity of copyright violations.
Kewarganegaraan Sebagai Syarat Kepemilikan Tanah: Telaah Filosofis dan Yuridis Miftahul Jannah; Nabila Putri Fauziyah
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 4 (2025): November : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i4.1358

Abstract

Land ownership in Indonesia has both philosophical and juridical dimensions closely linked to citizenship status. According to the Basic Agrarian Law (UUPA) of 1960, only Indonesian citizens are entitled to hold full ownership rights over land. This study aims to analyze the philosophical and juridical foundations of citizenship as a prerequisite for land ownership and its implications for social justice and national sovereignty. The research employs a normative legal method with statutory, conceptual, and philosophical approaches. Data are obtained through literature review of legislation, court decisions, and scholarly works, including Ahmad Muhammad Mustain Nasoha’s views on citizenship in the agrarian law context. The results indicate that restrictions on foreign land ownership are not merely administrative policies but a philosophical manifestation of the idea that land is essential to state sovereignty and public welfare. Juridically, this regulation reinforces the principles of nationality and distributive justice within Indonesia’s agrarian legal system. The study concludes that citizenship as a requirement for land ownership functions as a legal safeguard of the nation’s right to the land and a means to achieve social justice.  
Perlindungan Hukum terhadap Game DreadOut dari Pembajakan di Situs Ilegal menurut Undang-Undang Hak Cipta Ahnaf Nur Fauzan Romadhon; Ai Nazwa Nurbayati; Darmana Aries Setiawan; Farrel Ar Rasyid; Enjang Rohiman
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 4 (2025): November : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i4.1371

Abstract

The rapid development of digital technology has driven the advancement of the gaming industry in Indonesia, including the emergence of local games such as DreadOut by Digital Happiness, which has gained international recognition. However, this success is accompanied by serious challenges in the form of piracy through illegal websites that harm copyright holders. This study aims to analyze the legal protection of the game DreadOut against piracy practices based on Law Number 28 of 2014 concerning Copyright. The method used is a normative juridical approach through statutory analysis and literature study. The findings show that DreadOut is a copyrighted work categorized as a video game and is legally protected. Nevertheless, law enforcement against piracy still faces various obstacles, such as the complaint-based offense system, low public awareness, and the ease of access to piracy sites. Therefore, stronger inter-agency cooperation, policy reforms to shift complaint-based offenses into ordinary offenses, and public education to increase respect for intellectual property rights are needed. Effective legal protection will support the growth of the local gaming industry and ensure the sustainability of Indonesian creative works in the digital era.
Penggelapan Dana Indonesia Pintar: Ancaman Serius bagi Hak Pendidikan Anak Bangsa Annisa Nur Hanifah; Hasna Yunihanifah; Yunita Nur Rahmawati; Mozart Tiasylva Syah Nuhandika; Kanaya Ayodya Indra Prasta; Nurlaily Fauziaturrina
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 1 (2026): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i1.1394

Abstract

The Indonesia Pintar Program (PIP) serves as a strategic state instrument to ensure equitable access to education for children from low-income families, in accordance with the constitutional mandate. However, the prevalence of fund embezzlement poses a severe threat to the fulfillment of these educational rights. This study aims to analyze the structural and institutional dynamics triggering fund misappropriation, evaluate the effectiveness of current oversight mechanisms, and formulate strategies to mitigate such violations. This research employs a normative legal method with a descriptive-analytical approach, utilizing statutory and socio-legal analysis to examine regulations such as Law No. 20 of 2003 and relevant ministerial decrees. The findings reveal that embezzlement is driven by complex structural factors, including data asymmetry between Dapodik and DTKS, weak internal supervision, and a lack of transparency in fund distribution. Furthermore, legal enforcement remains suboptimal, often limited to administrative sanctions due to difficulties in proving mens rea and poor coordination among law enforcement agencies. The study concludes that current oversight mechanisms are insufficient to curb corruption in the education sector. Therefore, comprehensive reform is urgently needed, focusing on the integration of digital data systems, the implementation of e-audits, and the enhancement of civil society participation to ensure accountability. These measures are essential to protect the constitutional rights of children and ensure that education funds reach their intended beneficiaries without leakage.
Moralitas Sosial dan Peran Aparat Penegak Hukum dalam Politik Hukum Pidana pada Kasus Kekerasan Seksual di Kabupaten Cianjur Sintia Mona Pratama; Neng Anisa Fitri Nurdiani; Salha Aulia; Muhammad Reyhanz Nugraha; Rahmat Al Kaffi; Susan Srinovi; Siti Alia Zahra; Muhammad Fadly; Kori Hermawanti
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 1 (2026): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i1.1459

Abstract

This study is a case study that analyzes the handling of sexual violence in Cianjur Regency, examining the relationship between social morality, the role of law enforcement officials, and the effectiveness of criminal law policy after the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (TPKS Law). This study uses a descriptive qualitative approach with an empirical juridical method through a sociological approach to law. Data was obtained through interviews with law enforcement officials, field observations, and a literature review of relevant legislation and scientific literature. The results of the study show that the handling of sexual violence cases in Cianjur Regency still faces obstacles in the form of weak social morality, strong stigma against victims, and a patriarchal culture that affects reporting and law enforcement processes. In addition, the role of law enforcement officials has not been optimal due to limited capacity, coordination between institutions, and a lack of sensitivity to the victims' perspective. This study recommends strengthening the capacity of law enforcement officials through training on gender perspectives and the implementation of the TPKS Law, continuous education on social morality at the community level, and strengthening inter-agency coordination to improve victim protection and the effectiveness of criminal law policy in Cianjur Regency.
Pembatasan Kewenangan Pengurus dan Mekanisme Pengawasan dalam Pengelolaan Hasil Usaha Koperasi Penerima Bantuan Pemerintah Britanya Bonauli Hutapea
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 1 (2026): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i1.1465

Abstract

Cooperatives, as the backbone of the people's economy, play a strategic role in improving the welfare of their members, particularly through the management of business profits. This role becomes even more complex when cooperatives receive government assistance sourced from state finances, as its management concerns not only the internal interests of the cooperative, but also the public interest. In practice, the extensive authority of cooperative administrators is often not balanced with strict restrictions and effective oversight mechanisms, thereby creating the potential for abuse of authority and weak accountability. The purpose of this study is to determine whether legal regulations can limit the authority of administrators so that they do not abuse government assistance and to determine whether existing regulations provide adequate oversight mechanisms. The research method used was normative juridical with a statutory approach and a conceptual approach. The results of the study show that normatively, the authority of cooperative administrators has been limited through the principle of delegation from member meetings and accountability obligations, and reinforced by the state financial legal regime through government assistance. In addition, the supervisory mechanism has been regulated in layers through internal and external supervision, although in practice it still has the potential to be formalistic. The implication of this study is the importance of strengthening the implementation of authority restrictions and effective supervisory mechanisms in order to realize accountable, transparent, and sustainable cooperative governance, while maintaining public trust in government assistance programs.
Tindakan Kekerasan Terhadap Pekerja Migran Indonesia Perempuan: Faktor Penyebab, Bentuk Kekerasan, Dan Strategi Penanggulangannya Nursani, Adila; Suherman, Anisa Salsabila; Apriliani, Berliana Mawar; Sofyan, Keysa Kailani; Nadiawati, Khansa; Hermawanti, Kori; Utami, Tanti Kirana
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 1 (2026): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i1.1473

Abstract

Abstract. This study aims to examine the causes, forms, and strategies for combating violence against female Indonesian migrant workers (PMI) from a legal, sociological, and gender perspective. The background of this research is based on the vulnerability of female PMI to various forms of physical, psychological, sexual, and economic violence, which occurs from the pre-placement stage to the post-placement stage, as well as the long-term impact on mental health, human rights, and socio-economic reintegration. The method used is empirical legal with primary data collection through in-depth interviews with female PMI victims of violence and accompanying institutions, as well as secondary data in the form of literature reviews, laws and regulations, and scientific publications. The analysis was conducted using descriptive qualitative methods, integrating human rights theory, Feminist Legal Theory, and international migration policy. The results of the study show that the vulnerability of female migrant workers is caused by economic factors, education, patriarchal culture, non-transparent recruitment processes, the characteristics of work in the informal sector, power imbalances with employers, and weak legal protection in the destination country. The forms of violence experienced include beatings, sexual harassment, threats, social isolation, wage withholding, and structural exploitation practices. Protection efforts implemented include preventive approaches through training, legal education, legal document guarantees, and assistance from law enforcement agencies, as well as repressive approaches through action against perpetrators of violence and bilateral cooperation with destination countries. This study emphasizes the importance of comprehensive and sustainable protection for female Indonesian migrant workers, covering all stages of labor migration as well as strengthening digital-based monitoring systems, officer capacity, and cross-sector collaboration to ensure the safety, dignity, and fulfillment of the human rights of female Indonesian migrant workers.  
Kekuatan Mengikat Who Patient Safety Rights Charter sebagai Instrumen Soft Law dalam Sistem Hukum Indonesia Mohamad Ihsan Ramdani; Neni Ruhaeni; Ratna Sri Suminar
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 1 (2026): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i1.1500

Abstract

This study examines the binding force of the WHO Patient Safety Rights Charter (2024) as a soft law instrument within the Indonesian legal system and evaluates the potential application of its principles in the formulation of national health policies. The research employs a normative juridical method with descriptive, analytical, and comparative approaches toward international norms, including the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Global Patient Safety Action Plan (2021–2030), as well as relevant national regulations. The findings indicate that although the WHO Charter is not legally binding, it possesses substantial normative and moral authority derived from the ethical legitimacy of the World Health Organization and its alignment with the principles of the right to health. In Indonesia, several principles of the Charter have been partially reflected in Law No. 17 of 2023 on Health; however, normative gaps remain, particularly regarding patients’ participatory rights and medical justice. Soft law acquires its normative strength through moral legitimacy, broad acceptance, and integration into domestic policy frameworks. The study concludes that strengthening legal protection for patient safety in Indonesia requires the explicit incorporation of the WHO Charter’s principles into implementing regulations, thereby fostering a health law system that is equitable, accountable, and grounded in human rights.
Analisis dampak Artificial Intelligence (AI) terhadap Sektor Tenaga Kerja di Indonesia Yoel Edward Hasugian
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 1 (2026): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i1.1501

Abstract

The rapid advancement of Artificial Intelligence (AI) has significantly disrupted the global labor sector, including in Indonesia. The urgency of this study lies in the growing inequality in access to digital skills and the lack of legal protection for workers in the digital era. This research aims to analyze the impact of AI on employment in Indonesia and to assess the adequacy of labor regulations in addressing digital transformation. This study employs a normative legal method with a juridical-empirical approach, utilizing literature review, secondary data, and qualitative analysis of labor policies and relevant regulations. The findings reveal that while AI has the potential to create new types of employment, it also threatens conventional jobs, especially in labor-intensive sectors. Moreover, Indonesia's labor regulations have not yet adapted to new, flexible, and platform-based work models, resulting in legal uncertainty for informal and freelance workers. This study contributes to the discourse on the need for labor law reform that is inclusive and adaptive to technological developments. In conclusion, there is a pressing need for responsive labor regulation reform, increased digital literacy, and continuous reskilling systems to ensure that AI-driven transformation does not create new inequalities in the labor market. Future research is recommended to focus on formulating new legal protection models for digital workers in the AI era.

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